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1992-141304 , . '. , . .~ 147 Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) 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 No. 265-355-18 SEWER EASEMENT / ...._~/ DOCUMENTARY TRANSim TAX ,_..J:::,;; T Project CS-108 W.O. No. CS-108 .~. 2 ~, \ ..~ ) ~\ Assessor's Parcel Andreas Krestian Nielsen and Kathryn Grace Nielsen, Trustees of the Nielsen Family Trust of 1990, dated April 19, 1990 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 exclusive 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, fences, 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 to convey said easement, or any portion of said easement, to other public agencies. tf/04/cov2-251wp5 (3-18-91/1) . , , 8 8. 148 The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" and Exhibit liB" 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 and the entire area encumbered by the sewer easement shall be graded flat and unobstructed at all times, unless authorized by the Grantee in writing. 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, any buildings or structures of any nature or kind that will interfere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key at all times. In addition, Grantors, their successors or assigns, will be responsible for all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. 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 in any excavation made by it in the above described easement and right-of-way Grantee 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. tf/04/cOV2-251wp5 (3-18-91/1) - 8 149 Executed this í~ day of Def-obe Y' 19 Cf/ , OWNER: By: OFf ICiAL SEAL GINA MARIE KLETZKA NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commtswn Exp, August 10, 1993 By: f [signature of OWNER must be notarized. acknowledgement.] Attach the appropriate \ 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: '2, ~. (I 1 ~, : c" - ,<)~ .~ W~EN '-'~SHAFER ,i;t~ict Manager Cardiff Sanitation District tf/04/cov2-251wp5 (3-18-91/1) " . 8 . J.N.91-036.1 July 5, 1991 August 7,1991 VS EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT Being a portion of Block 95 of Colony of Olivenhain, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in the office of the Recorder of said San Diego County, July 8, 1885, together with that portion of Lot 24 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 Recorder of said San Diego County, June 27,1898, more particularly described as follows: BEGINNING at the most Southwesterly corner of that property deeded to Andreas Krestian Nielsen and Kathryn Grace Nielsen recorded May 16, 1990 as File No. 90-268010, said point being on the centerline of the Westerly prolongation of Ninth Street of said Colony of Olivenhain and on centerline of an existing 30.00 foot wide road and public utility easement; thence continuing along the Westerly line of said Parcel 1 and centerline of said easement 1. North 0039'00" West 174.99 Feet 2. Northwesterly 15.46 Feet 3. North 79030'30" East 15.00 Feet 4. Southeasterly 18.04 Feet 5. South 0039'00" East 163.99 Feet; 6. South 73009'00" East 84.30 Feet 7. South 15006'10" West 15.01 Feet 8. North 73009'00" West 95.73 Feet Contains 4,144 square feet, more or less. g1036,LGL (NIELSEN-7) to the beginning of a 90.00 foot radius curve concave Southwesterly, a radial to said point bears North 89021 '00" East; thence continuing along arc of said curve and Westerly line of said Parcel 1 through a central angle of 9050'30"; thence leaving said curve radially and along the Northerly line of said Parcel 1 to a point on the Easterly line of said 30.00 foot wide easement; thence Southerly along the arc of a 105.00 foot radius curve concave Southwesterly concentric to and 15 feet Easterly of the Westerly property line of said Parcel 1 through a central angle of 9050'30"; thence tangent to said curve and parallel to the Westerly line of said Parcel 1 thence continuing along a line parallel to and 15 feet Northerly of the centerline of the Westerly prolongation of Ninth Street to a point on the Easterly line of said Parcel 1; thence continuing along the Easterly line of said Parcel 1 to a point on centerline of said prolongation of Ninth Street; thence continuing along said prolongation of Ninth Street to the POINT OF BEGINNING. 8 8152 EXHIB,IT B I '" '" ~ '\ \ fie ffJoOO' r r] 0 '~D' ð ,-) S.::J--.J rJ 1tf r)C S--.J 1 Ì\. \)'\'\ ~o" ,~.t11 }-'\} 'A~ ~ ~J1 rl ~ ..... .1. qÞ 90/30" «: 10S L~ /8:04' (j" q" ýð '8tJ" ¡?: 10' Lr /9.4/,' ~t :z úJ l\J '\ l\2 U"l Oi l\2 U"l U"ll I I ~ ~ - I ~ C) ~ --- , c::::. ~~ 11/ (::)~ ~I ~ ~ ~I ~ , /1 ~ - /r-) ~ -- úJ L\2\ ~ VJ~ (D U"lOI ~ ~ U"l U"l \ 'I ('(/~r so' lAf/tJE ffOdO if I I I P()ßUc. UTILITY €£;M T APN el,9-jgB-IB ~ ~ ~ ~ ti:. ~ ~ ~ PROPO~EO (9'{¡(/IO£ -PU8L1l ~!ti./lil? €A6€M€NT tJf<AAlTEO I TO CAWlff -J ~AÞJ/TlJ TlotJ tJl£T , & , ~~ l~ ~ ~J ,"'" ~ ,. ,~ ~ - ~ ~ \I '" - '0 ". \.u N~ ,l~ --- --- {;J{f~r 40,Of 'WIPE ({o/:.o f/ PUBUc. uflurY éGj.A'r. ~~ JOl3 NO. qf'OB~.( , . ..' ..,' SOWARDS AND BROWN ENGINEERING, INC. CONSUL liNG ENGINEERS 2187 NEWCAS1lE AVENUE SUITE 202 CARDiff BY THE SEA. CA. 82007 (619) 436 8500 ? 711 '" 'T. " . , ,T ' - 8 SUBORDINATION AGREEMENT 153 Whereas, those parties concerned, desire to have the Deed of Trust recorded 03-31-88 as file/page No. 88-145746 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As Condition of Approval Of CS-108 ; 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 prior to said Deed of Trust. October 24, 1991 DATED " ~ UNION BANK FORMERLY CALIFORNIA FIRST BANK BENEFICIARY OR TRUSTEE ;¡;¿~t.J.~ Terrance W. Rel Title: Assistant Vice President By: 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 JYI/lf'JH LC /e¡ 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 . ) ':) L fJL- tf/04/cov2-251wp5 (3-18-91/1) By I "'..~ I ~~i~vH~Ë;HAFE~? D:~Q~~anager Cardiff Sanitation District , , ,\",'. ~ " ., 8 8 155 . SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 01-20-89 as file/page No. 89-034191 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As Condition of Approval Of CS-108 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 prior to said Deed of Trust. BEe::I~ OR T.~STEE Bk: ~ Title: VICE PRESIDENT DATED 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 /'1/ff.o 20, r171 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 'S-c¡-q2- By (^)~ (SL, ~ - - WARREN H. SP,AFER, DiJ let Manager Cardiff Sanitation District tf/04/cov2-251wp5 (3-18-91/1)