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1991-8331 ~ , , " . < ~ ..' 51ã D~~:H-l~{91 ~2~q~331 " ~ . SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVAHS, COUNTY RECORDER "" FEES: O.IJIJ Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS'S USE ONLY Jl\¡~ 2 2 When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 262-062-20,22 Project W.O. No. Log No. TPM 18431 9019 (CS024) , N/A Louis V. Schooler !Ý hereinafter' designate Grantor.), owner Cä9 'of the hereinafter described lands, for a valuable consideration, do(es) 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 untò itself and unto its successors and assigns forever, 'together with the right tf/my/cov2-116Wp5 (9-27-89) ...,- -1 .... , , . 5. . . to convey said easement, or any portion of said 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 h~irs, 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. ' tf/02/cov2-116wp5 (11-13-89/1) , ,,-_.. ~ . . ,~. . 5~ . . EXHIBIT "A" SEWER EAS EHENT A 10 FOOT WIDE SEWER EASEMENT OVER, UNDER, ALONG, AND ACROSS A PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ENcINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND 20 FEET NORTHERLY OF THE SOUTH LINE OF SAID SECTION 24, SAID LINE BEARS SOUTH 89° 49' 07" EAST, AND A LINE WHICH IS PARALLEL WITH AND 5. 095 FEET WESTERLY OF THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24, SAID LINE BEARS NORTH 00° 04' 06" WEST; THENCE FROM SAID POINT OF BEGINNING, NORTH 89° 49' 07" WEST, 10.00 FEET; THENCE NORTH 00° 04' 06" WEST, 180.00 FEET; THENCE SOUTH 89° 49' 07" EAST, 10. a a FEET; THENCE SOUTH a a ° a ~' 06" EAST, 18 a . a a FEET TO THE POINT OF BEGINNING. \ I ~ Executed this I¿ TH . 5. day of VE LfYY18f1Z By: [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 political 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: 11-1'1...4(:;> (;)~ ~ ~ WARREN H. SHAFER,'DISTRIcT MANAGER CARDIFF SANITATION DISTRICT tf/my/cov2-116wp5 (9-27-89) "'.,~' . . . 520 . '. , SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 04-18-85 as file/page No. 85-133954 subordinated to Easement For Public Sewers Required As condition of Approval Of TPM 18431 (cS024) ("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 prior to said Deed of Trust. DATED //,2770 :;~EFg~TEE Title: ¿l/cc.-jO/¿ 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 MA:~GH 2.0, /979 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_tt- L'... ~ By WQ..vv... ~ ~ WARREN H. SHAFE~ ~i~rict Manager Cardiff Sanitation District TF/04/COVl-140WP5 (3-21-90) ~, . , . .San.t Diegul 0 Union High School District 521 s~ dw.;(uYJ ~~-~ £ MV /YlÞrL7- . - ihu.4 ¿I, J~ 710 Enclnltas Blvd. Enclnltas, CA 92024-3357 619/753-6491 . ACKNOWLEDGMENT EXECUTED BY A PUBLIC AGENCY CIVIL CODE SECTION 1191 STATE OF CALIFORNIA SSe COUNTY OF SAN DIEGO ON THIS 02 7 W-DAY OF n~ ,1990, BEFORE ME, JOANN M. SCHULTZ, NOTARY PUBLIC, PERSONALLY APPEARED ERIC J. HALL, PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THIS INSTRUMENT AS THE DIRECTOR, ADMINISTRATIVE SERVICES, OF THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, AND ACKNOWLEDGED TO ME THAT THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT EXECUTED IT. loS. - . OFFICIAL SEAL JOANN M. SCHUtTZ NOTARY PUBLIC - CALIFORNIA , SAN DIEGO COUNTY My camm. ex¡;ires JAN I, 1994 Dlegueno JH . Earl Warren JH . Oak Crest JH . North Coast Alternative HS San Dlegulto HS . San Dlegulto Adult Education. Sunset HS . T~ Pines HS , '~<7'~ 'I;' 'i'{'" ,', . . 522 . SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Dèed of Trust recorded 10-13-88 as file/page No. 88-522094 subordinated to Easement For Public Sewers Required As condition of Approval Of TPM 18431 (cS024) ("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::::be:O 2:.a::9:eed of Tr:t. çf[¿ v/~ ~ DATED BENEF CIARY OR TRUSTEE - By: CRrl S~!'I!'I;(}n!'l Ti tle: Vice President Signature of BENEFICIARy'gr 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 MARcI-i 2.0. ¡q-¡q that the Cardiff Sanitation District consents to the' making of the foregoing Subordinati6n Agreement, and consents to recordation thereof by its duly authorized officer. ' Date - II(... to By Weuvv '~ ~ ' WARREN H. SHAFER, Dlstrlct Manager Cardiff Sanitation District TF/04/COVl-140WPS , (3-21-90) , . . . 524 , . .. SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 04-13-89 as file/page No. 89-192322 subordinated to Easement For Public Sewers Required As condition of Approva~ Of TPM 18431 (cS024) ("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 prior to said Deed of Trust. November '27, 1990 DATED San Dieguito National Bank :~~EF~~EE Title: Vr(¿, Prt'5 ;ckA-f 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 NlA~CH 20 ,q?q that the Cardiff Sanitation District consents to the) making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. By W<w-, ,~ ~ WARREN H. SHAFER, Dis rict Manager Cardiff Sanitation District Date~'- to TF/04/COVl-140WP5 ,(3-21-90)