1991-50335
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1019
Recording Requested by:
Cardiff Sanitation District
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) SPACE ABOVE FOR RECORDERS'S USE
ONLY
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
SEWER EASEMENT
Project
W.O. No.
Log No.
CS-O56
CS.'O56
N/A
Assessor's Parcel
No. 259-231-13
Herbert L. Manashaw and Claire L. Manashaw
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do~ hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, over and across the hereinafter described real property for
the installation, construction, operation, maintenance, repair,
replacement, and reconstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
of-way by Grantee, its successors or assigns and in addition
thereto, to remove soil and other materials within said right-of-
way and to use the same in such manner and at such locations as
said Grantee may deem proper, needful or necessary in the
construction, reconstruction and maintenance of said sewer lines
or structures incidental thereto.
To have and to hold said easement and right-of way unto itself and
unto its successors and assigns forever, together with the right
tf/my/cov2-116wp5 (9-27-89)
SCANNED
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. to convey said ea~ent, or any portion ~~~ easement, to other
public agencies.
The real property referred to herein and made subject to said
easement and right-of-way by this grant is situated in the County
of San Diego, State of California, and is particularly described
as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part by
hereof by this reference.
The Grantors may, at their own risk, use the surface of the above
described real property in a manner that will not interfere with
or be detrimental to use of said easement and right-of way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon.
The Grantors hereby covenant and agree for themselves, their heirs,
successors and assigns, that there shall not be constructed or
maintained upon the above described real property or within said
easement and right-of- way with building or structure of any nature
or kind that will interfere with the use of said easement and
right-of-way Grantee, its successors or assigns, or that will
interfere with the ingress or egress along said easement by said
Grantee, its successors or assigns.
The Grantee hereby covenants and agrees for itself, its successors
and assigns, not to prevent the Grantors, their successors or
assigns, from crossing over said real property and agrees that the
Grantors, their heirs, successors and assigns may enjoy the
continued use of the surface of said real property herein
described, subject to the conditions above stated; and the grantee
hereby covenants and agrees that after the installation of any pipe
line by in any excavation made by it in the above described
easement and right-of-way it will backfill any such excavation made
by it so as to fill said excavation as nearly as practicable to the
level of the surrounding ground, and will replace any oiled,
asphalt or concrete surface with like material and will replace any
fence removed by it.
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"STATE OF CALIFORNIA
COUNTY OF c»v' 'ì.) "\ :...
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ON t:.\~, 'w.\¡:,J... 'I ;'7';'(' ,BEFORE ME, THE UNQERSIGNEQ, A NqTARY PUBLly IN
AND FOR SAID STATE, PERSONALLY APPEARED (. 'Co., <:::_- L ,I \4 "I't 'J ...(. "
(PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PERSON(S) WHOSE NAME SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT ') t.\ 00> EXECUTED THE
SAME.
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WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMIS IÕ~ ~PIRES C ,~~\.t"'L 1 "; ¡ '1'-, \ .(NOTARY SEAL)
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ND FOR SAID STA
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"STATE OF CALIFORNIA
COUNTY OF c~;.J,.... \"'; "
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ON ~!:;, ('OJ -,,'\,\ ~",-,- '1 ¡'¡'ji,' ,BEFORE ME, THE UNDERSIGN :D, A NOTARY PUBLIC IN
AND FOR SAID STATE,'PERSONALLY APPEARED ~,\t:?,t'-->.,'<.\ L. .\\-u^",.,\""'\V-/
(PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PERSON(S) WHOSE NA~ ,SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT ~, EXECUTED THE
SAME.
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WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMI
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AND FOR SAID STATE."
¡'I C¡ \ .(NOTARY SEAL)
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""\~~õ?FÎéIÃL -SÉÃL I
/'Æl~~ DOUGLAS G. JONES
: c), ,< tü ~ NOTARY P'JBLlC - CALIFORNIA
< '),' PRiNCIPAL Oi'FICE IN
c, "'~ LOS ANGELES COUNTY
rvìy Commission Expires Oct. 2~ 1~..91--~
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102'
89-019.2
1 0/15/90
EV
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
SEWER MAIN PURPOSES
A portion of Lot 27 of the SUBDIVISION OF RANCHO LAS ENCINITAS, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego
County, June 27, 1898, more particularly described as follows:
Beginning at the intersection of the centerline of West Fifth Street with the centerline of "A" Street, as said streets
are shown on Map No. 326 of the COLONY OF OLiVENHAIN, in the City of Encinitas, County of San Diego, State
of California, filed in the office of the County Recorder of San Diego County, July 8, 1885; thence
1.
North 23045'08" East
12.57 Feet
2. North 72023'00" West 192.11 Feet
3. North 19051 '09" East 15.01 Feet
4. South 7i>23'OO" East 193.13 Feet
5. South 23045'08" East 15.09 Feet
Contains 2889 Square Feet, more or less.
APN: 259-231-13
along the Easterly line of land described in deed to Herbert
L. Manashaw and Claire L. Manashaw, recorded
November 29, 1984 as Document No. 84-444669 of official
records to the TRUE POINT OF BEGINNING; thence
parallel with the centerline of West Fifth Street
to a point on the Westerly line of said Manashaw land;
thence
along said Westerly line; thence parallel with the centerline
of West Fifth Street
to a point on said Easterly line of said Manashaw land;
thence
along said Easterly line to the TRUE POINT OF
BEGINNING.
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SOWARDS,. BROWN ENGINEERING, INC. ,
CONSUl 11NG fNGtNEERS .
2187 NEWCASTLE A VENUE SUITE 202
CAADlFF BY TIi[ SEA. CA. 82007 (619) 436 8500
8
186
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 12-29-86 as file/page No. 86-611218 subordinated to
Easement For Public Sewers Required As Condition of Approval Of
CS-O56 ("DOCUMENT" hereinafter);
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
p~:: ::,:a ~J: :ee~ Î ~:, TrU5 t . ¿ 1~
DATED
BENEF ClARY OR TRUSTEE
S'ecurity Pacific Ne.tiO:131 T:.."::ct Cc'¡;-¡r:;Jny (New York) as Trustee
--- '-By: Thomas s. M9_~~!
Title:
Vice President
SEE NEXT PAGE FOR NOTARY CERTIFICATE.
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
I certify on behalf of the Board of Directors of the Cardiff
Sanitation District, pursuant to authority conferred by Resolution
of said Board adopted on ¡v,ft1(cf/ Zb, ¡C!71 that the Cardiff
Sanitation District consents to the /making of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer. ,~
Date 2/y~/ By W~-/-1 ~ .
WARREN H. SHA~~t Manager
Cardiff Sanitation District
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"STATE OFHuJ "\C,t(
COUNTY OF NU': '(Or
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) SS.
ON /)lCCM 6i: ~ ,-:2 '6, I (!<ì L , BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
'ìl\ft'1/\( r:M('~( f (PERSONALLY KNOWN TO ME) (PROVED TOME
ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE \i In tH ' :,'): ,
OF THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AS
BENEFICIARY AND (PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE SAME ON
BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SAID
CORPORATION EXECUTED THE SAME AS BENEFICIARY PURSUANT TO ITS BYLAWS OR
A RESOLUTION OF ITS BOARD OF DIRECTORS.
WITNESS MY HAND AND OFFICIAL SEAL
. (NOTARY PUBLIC)
PETER KOLL YDAS
Notary Public, State of New Yorft
No, 4951001
Qualified in Kings County
~1!t!1h1ì\<i(J" Exoites M,w 15, 1991
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Executed this
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day of
!\tVUj Ix ¡ ,
, 19C)C) .
OWNER:
//
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By: :' /;::")/1 /~~; ,¿- ~-,;?-¿- <,f1J;;/'/"
Herbert L. Manashaw
By:
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(..:",¡"",,-,,}.., '//(:-tl;j"l'"
Claire L. Manashaw
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
SEE NEXT PAGES FOR NOTARY CERTIFICATES
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
poli tical corporation and/ or governmental agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officer.
Dated:
z,~k
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WARREN H. SHAFER, District Manager
Cardiff Sanitation District
tf/my/cov2-116wp5 (9-27-89)