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1988-441181 , , ' FWHEN 'RECORDED, P~EASE MAl. 'fHIS INSTRUMENT'TO: . . ;' 1348 . 18 ~f"f'iil.f i 1or<fA~lrrJliJ Suite 100 ~ SfiSEP -f PH ':33 RECORDED REQUEST OF 1 I .....t~LLYli!.. NO TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABOVELL.~ ONL Y EASEMENT SEWER LINES AND APPURTENANCES , City Cl erk City of Encinitas 535 Encinitas Blvd., Encinitas, CA 92024 NO FEE Assessor's Parcel No. 259-221-71 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0065-A Log No.: 269-12 DANIEL T. SHELLEY, a married man as his sole and separate property herei nafter desi gnated Grantor, owner of the herei nafter descri bed 1 ands, for a val uab 1 e consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herei n desi gnated Grantee, a perpetual easement and ri ght-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 buil di ngs, 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. 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: Parcel No. 88-0065-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 26 of the 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 County Recorder of said County, and lying in that portion of 5th Street vacated and "D" Street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: . '. ., I' .\ . . -1349 , . . Parcel No. 88-0065-A (Cont.) BEGINNING at the intersection of the Easterly sideline of said "0" Street (vacated) with a 1 i ne that is 10.00 feet Northerly of and parall el with the centerline of 5th Street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMINUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sideline of "0" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 458. .. . ~IJaU ,,', ~ " ~G.rimiQr may, at his:own liisk, he surface of the above described re perty in a manner that will not inter- fere with or be detrimental to the u of said easement and right-of-way by Gte, its successors and assigns, provided . no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will. replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. J~ Tff - Executed this day of ,19W STATE OF County of California San Di8ll:o } ss. " On Auiuat 30, and State, personally appeared Daniel T Shelley known to me to be the person instrument, and acknowledged that , 19...B& before me, the undersigned, a Notary Public in and for said County h.. whose name i. executed the same. subscribed to the within Witness my hand and official seal. Of-flCiAl SEAL MONICA NARES NOTARY PUBliC .CAUFORJrtl" PRINCIPAL OFFICE fN SAN DIEGO COUNTY MYComml!>SIOfl Ex,:" Nov~ 12,1991 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 authorit; conferred by Resolution of said Board adopted on March 20. 1979 and the Grantee consents to the recordation thereof b~thorized officer. Dated. ~) 1/)'JR \ 8 ~1VM.t'41!4t. . RALPH M. WEISMANN. Deputy Director (Acting) Real Property Management Division Department of General Services ~ \ . '\~CSF. 85.29, 5/77 . . :j,fHEN'RECORDEI1J PLEASE MAl L 'fHIS INSTRUMENT TO: 1 1 1 City Cl erk 1 Ci ty of Enci nitas 1 535 Encinitas Blvd., Suite 1001 1 aBSEP-f PH '.:33 Encinitas CA 92024 , RECORDED REQUEST OF 1 NO TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABOVE' F~~~~lVsj ONLY EASEMENT SEWER LINES AND APPURTENANCES . " .8 ~ \118. I:?iRtC~OEDIN ;J Orf"lCll1l F! 'cono OF SAil rw ~c C7fJHT't. ~A. NO FEE Assessor's Parcel No. 259-221-71 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0065-A Log No.: 269-12 DANIEL T. SHELLEY, a married man as his sole and separate property herei nafter desi gnated Grantor ,owner of the herei nafter describ"ed 1 ands ~- for a val uab 1 e consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein desi gnated Grantee, a perpetual easement and ri ght-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 construct i on, reconstruct i on and mai ntenance 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. 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: Parcel No. 88-0065-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 26 of the 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 County Recorder of said County, and lying in that portion of 5th Street vacated and "0" Street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: c , . . ,', ......'!; Parcel No. 88-0065-A (Cont.) BEGINNING at the intersection of the Easterly sideline of said "0" Street (vacated) with a line that is 10.00 feet Northerly of and parallel with the centerl ine of 5th Street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMINUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sideline of "0" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 458. Th!' Gr~~i~r ~~'y" ;; his' own risk, use t surface of the above described real p.rty in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava. tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur. face with like material and will replace any fence removed by it. :7.0 Tff - Executed this day of ,19&' ",,,,..,,,,,,,1. ""...., c;MJ I) I"" , :.; ," '" /J',!, . .~<, . .:~ \ II /.:.~ ::~:'" ~'-'~L . SEP 11988 "c' ~ rr A ' r1w~ ~-. \~~~,,: -' ;' ":.'i,P '. . ~_ . Recorder 'lJ:. "/11." " .......~~ --- ""? IFO~\","-- San Diego County, California ",""..""", STATE OF County of California San Die20 } S9. On AUKust 30, and State, personally appeared Daniel T Shelley known to me to be the person instrument, and acknowledged that 19--8& before me, the undersigned, a Notary Public in and for said County h.. whose name i R executed the same. subscribed to the within Witness my hand and official seal. , Q t'MJeo 1).A~.6 N~UbIiC in and (!J,d Cou y and State O~f I\.. '~, SE:.Al MONICA NARES ~OT ARr PuB, Ie C.ll,LIFOF/~I'" PR',,"C,PA.L O~FICE I~ SA.N D.E::;O COUNT\' Mv C(WT,ml~~.1ftl f i't; Nc~~mbtr 22, 1991 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 the Grantee consents to the recordation thereof b~thorized officer. Dated. ~) ;; /;?.fr 8 _~~~4..w<,;o. . ~ RALPH M. WEISMANN, Deputy Director (Acting) Real Property Management Division Department of General Services . .' '. .1351 . r:S .'\llII2 O!r~~~JtJ.ps I lll' ~ N I~.O j,}JHfY.C1. 88 SEP -, PH (1 33 I cXtfN'~ rtt6~ SPACE ABOVE FOR RECORDER'S USE ONLY NO FEE . WHEN RECORDED. PLE~SE MAIL 'THIS INSTRUMENT TO: ~ Ci ty Cl erk City of Encinitas 535 Encinitas Blvd., Encinitas, CA 92024 NO TRANSFER TAX DUE Sui te 100 1 I 1 1 1 1 1 RECORDED REQUEST OF 1 DEPT. GENERAL SERVICES 1 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT Assessor's Parcel No. 259-221-71 Project: W.O. No.: Parce 1 No.: Log No.: SEWER/RANCHO SANTA FE RD. TE5396 88-D065-A 270-01 WHEREAS, that certain Deed of Trust between SAN DIEGUITO UNION HIGH SCHOOL DISTRICT . collectively called BENEFICIARY and DANIEL T. SHELLEY and CALI FORNIA WORLD TITLE COMPANY, . collectively called TRUSTOR , called TRUSTEE and recorded July 8, 1985 , as File/Page No. 85-242601 in the Office of the Recorder in the County of San Diego. State of California; and WHEREAS. said BENEFICIARY is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS. DANIEL T. SHELLEY, a married man as his sole and separate property will execute and deliver or has/have executed and delivered to the CITY OF ENCINITAS County of San Oiego, State of California, that certain DOCUMENT(S) for an EASEMENT FOR SEWER LINES AND APPURTENANCES which DOCUMENT(S) is set forth hereinafter as follows: City Cler'k City of Encinitas 535 Encinitas Blvd., Suite 100 Encinitas CA 92024 , RECORDED REQUEST OF NO TRANSFER TAX DUE DEPT, GENERAL SERVICES "1352 i . 1 1 1 1 1 1 1 SPACE ABOVE FOR RECORDER'S USE ONLY , ,...,HEN RECORDED,' PLEASE . '" THI S. I NSTRUMENT TO: EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel No. 259-221-71 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0065-A Log No.: 269-12 DANIEL T. SHELLEY, a married man as his sole and separate property herei nafter desi gnated Grantor, owner of the herei nafter described 1 ands, for a val uab 1 e consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein desiqnated Grantee, a perpetual easement and ri ght-of-way upon, through, under, over and across the herei nafter descri bed real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, ilnJ 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 constructi on, reconstructi on and mai ntenance 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. 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: Parcel No. 88-0065-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 26 of the 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 County Recorder of said County, and lying in that portion of 5th Street vacated and "0" Street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: I"\)" . , . . Parcel No. 88-0065-A (Cont.) BEGINNING at the intersection of the Easterly sideline of said "0" Street (vacated) with a 1 ine that is 10.00 feet Northerly of and parallel with the centerl i ne of 5th Street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMI NUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sideline of "0" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 458. :," .. ' .. . :,1354 Tt)e G'ran,tor may, at his own ris~ the surface of the above described A property in a manner that will not inter- . fere with or be detrimental to the use of said easement and right-of.way b~antee, its successors and assigns, provided no trees shall be'plantec or grown thereon, The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right.of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it, Executed th is day of 19_ DANIEL _~ SHELL~;~ 'x/' ,-,,- " .? '.,., STATE OF County of .S. On and State, personally appeared -, before me, the undersigned, a Notary Public in and for said County known to me to be the person instrument, and acknowledged th whose name executed the same. subscribed to the within Witness my hand and official seal. Notary Public in and for said County and State 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 the Grantee consents to the recordation thereof by its duly authorized officer, Dated 8 CCSF, 85.29, 5/77 . . . . 135.5 . .' . . . WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT, NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowl- edged, the undersigned BENEFICIARY 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. /)'.0- day of ~~ , 19 tit Dated this SAN DIEGUITO UNION HIGH SCHOOL DISTRICT By: ~4?~f~ A7cci'lX, /c;g{~7/' /;;-Z, Y/t/ /C C j By: STATE OF County of -____ ----.._---".~-~- l ss. On , 19 ,fore me, the undersigned, a Notary in and for said County and State. personally a~peare known to me to be the person subscribed to the within instrument, executed the same. whose. n and acknowledged that Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to CARDIFF SANITATION DISTRICT a political corporation, and/or a political subdivision, is hereby accepted on behalf of its Board of Supervisors and/or its Board of Directors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20. 1979, and the Grantee(s) consent(s) to recordation thereof by its duly authorized officer. Date 4r.t-v { / ?.?d"" e ~?~U",,_"~ ere) RALPH M. WEISMANN, Deputy Director (1"""\ Real Property Management Division Department of Genera' Services . . .1356 . . . . 825 North VulClln Avenue LeuClldla, CaUlornla 92024 819/753-9481 .San.t Dlegul 0 Union High School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 State of California, County of San Diego On this /3 day of , in the year 1988\before me, for said State, personally appeared the undersigned, a notar ERIC J. HALL, known to me to be the DIRECTOR, ADMINISTRATIVE SERVICES, of the SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public agency, and acknowledged to be that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT executed the same. Witness my hand and official seal. m ...................... OFFiCIAL SEAL + ELEANOR J. MORRISOJ Notary PU. blic-Califcrnia Principal Office In San DIego County My Comm. Exp. June 2, 1989 -.+ ,., " . 8 .r~ I I 82 r:: RECORDED IN ::l IOfOr[Jll~&. %fi9rY?~A.I 88SEP-1 PH 1:33 I VEM L. LYLlL I LE.OUNTY RfCORll~ SPACE ABOVE FOR RECORDER'S USE ONLY NO FEE . r~ WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: City Clerk City of Encinitas 535 Encinitas Blvd., Encinitas, CA 92024 NO TRANSFER TAX DUE Suite 100 1 1 1 1 1 1 1 RECORDED REQUEST OF 1 DEPT. GENERAL SERVICES 1 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT Assessor's Parcel No. 259-221-71 Project: W.O. No.: Parce 1 No.: Log No.: SEWER/RANCHO SANTA FE RD. TE5396 88-0065-A 270-01 WHEREAS, that certain Deed of Trust between SAN DIEGUITO UNION HIGH SCHOOL DISTRICT , collectively called BENEFICIARY and DANIEL T. SHELLEY CALIFORNIA WORLD TITLE COMPANY , collectively called TRUSTOR , called TRUSTEE and and recorded July 8, 1985 , as File/Page No. 85-242601 in the Office of the Recorder in the County of San Diego, State of California; and WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, DANIEL 1. SHELLEY, a married man as his sole and separate property will execute and deliver or has/have executed and delivered to the CITY OF ENCINITAS County of San niego, State of California, that certain DOCUMENTIS) for an EASEMENT FOR SEWER LINES AND APPURTENANCES which DOCUMENT(S) is set forth hereinafter ~s follows: . WHEN 'RECORDED, 'PLEASE MAILe ,1 . '." THIS. INSTRUMENT TO: 1 1 City Clerk 1 City of Encinitas 1 535 Enci nitas B1 vd" Suite 100 1 Encinitas CA 92024 1 ' RECORDED REQUEST OF 1 NO TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABOVE FOR RECORDER I S USE ONL Y EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel No. 259-221-71 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0065-A Log No,: 269-12 DANIEL T. SHELLEY, a married man as his sole and separate property -,,,, herei nafter .des i gnated'urantor; owner of the herei nafter" described 1 ands-;f6r- a "val uab 1 e consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein des i Cjnated Grantee, a perpetual easement and ri ght-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, "nJ all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions i nterferi ng wi th the use of sai d easement and ri ght-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 constructi on, reconstruction and mai ntenance 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 assi gns forever, together wi th the ri ght to convey sai d easement, or any port i on of sai d 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 City of Encinitas, County of San Diego, State of California, and is particularly described as follows: Parcel No. 88-0065-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 26 of the 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 County Recorder of said County, and lying in that portion of 5th Street vacated and "D" Street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: , . . . Parcel No. 88-0065-A (Cont.) BEG I NNI NG at the intersection of the Easterly sidel ine of said "0" Street (vacated) with a line that is 10.00 feet Northerly of and parallel with the centerline of 5th Street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMINUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sideline of "0" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 458. -_. -.-..----.-.----..-...--.-- , ~e ~r~:t~r ma~: at his own risk, usee surface of the above described real.perty in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava. tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. Executed this day of ,19_ DANIEL .~ SHELL/- /~ . . ./ STATE OF County of 55. On and State, personally appeared -, before me, the undersigned, a Notary Public in and for said County known to me to be the person instrument, and acknowledged th whose name executed the same. subscribed to the within Witness my hand and official seal. Notary Public in and for said County and State 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 authori~ conferred by Resolution of said Board adopted on March 20, 1979 and the Grantee consents to the recordation thereof by its duly authorized officer. Dated 8 .;:.,..........:-""- ..','.... .:-_.._.. -~.'-" , . , . . WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowl- edged, the undersigned BENEFICIARY 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. /J~ Dated this day of ~M- , 19~t SAN DIEGUITD UNION HIGH SCHOOL DISTRICT / ~4&~ ~ ArcwiX1 /-:;g.{:'N;'~, Y/t//CCJ By: By: ~ ss. --~ fore me, State, personally a?peare the undersigned, a Notary in and for STATE OF County of_____. On said County and known to me to be the person subscribed to the within instrument, executed the same. whose. nam and acknowledged that Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to CARDIFF SANITATION DISTRICT a political corporation. and/or a political subdivision. is hereby accepted on behalf of its Board of Supervisors and/or its Board of Directors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20. 1979. and the Grantee(s) consent(s) to recordation thereof by its duly authorized officer. oate_#k ! / ??d'" 'S qz~~~~..-.-v RALPH M. WEISMANN, Deputy Director il,.;..\ Real Property Management Division Department of General Services . ,.1.' .... . , 625 North Vulcan Avenue Leucadle, Cellfornle 92024 619/753-&491 . .San.t Dlegul 0 Union High School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 State of California, County of San Diego On this /:3 day of !lune... the undersigned, a notar~ub1ic in , in the year 1988 before me, and for said State, personally appeared ERIC J. HALL, known to me to be the DIRECTOR, ADMINISTRATIVE SERVICES, of the SAN DIEGUITO UNIO~ HIGH SCHOOL DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public agency, and acknowledged to be that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT executed the same. Witness my hand and official seal. ~"'. /tit 1811"", DIu", ~~t'" !1~. "tltll !1.rq,,/">'et1 qz ro'e, 1/;).0" 'I1j1 01 . ~ . 'l}ledll} Moll>.. .o"Ip,' ""l1,.", S, ve,ll.!: ~[};. ~~' '""",,,,,,~ -vo"."' "" 0 F So c.,,,",,. ..t It&. 'lS)~~'~' ,.' ..}1,,' A. v;c.,~. .... .:'~,' ''''r!.il ~iB q. $"&/ 1"\ ", ~d... :1L1,6,(',oj : "'" ~Q:;: . ''"II :C') ~(')2lR' .~ ..~. ~ ;,.,-?o. ~." S::.:. ~T..oI " .', l ."llt:-,;,. " " ~~. ~"",vRN\i\ "", '111,"",,,,,, > .' . . MAIL ~1357 . .,.,.: 1>;t;83 ( O"~WFtIN :::""1 OF SANO!!fm :CtlttN'. .lftl 88SEf'-, Plf':33 SPACE ABOVE~0~~1~R~1~ ONL Y ~n FEE WHEN RECORDED, PLEASE iHIS INSTRUMENT TO: City Clerk City of Encinitas 535 Encinitas Blvd., Encinitas, CA 92024 Suite 100 1 1 1 1 1 1 1 RECORDED REQUEST OF 1 DEPT. GE' :ERId: SERVICES 1 NO TRANSFER TAX DUE EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel No. 259-221-57 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0066-A Log No.: 270-12 RICHARD H. KEAGY, a married man as his sole and separate property hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetual easement and rl ght-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 bu i 1 dings, 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, reconstruct ion and ma intenance 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. 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: Parcel No. 88-0066-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 25 of the 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 County Recorder of said County, and lying in that portion of 5th Street vacated and "0" Street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: .. "" > .. -1358 . Parcel No. 88-0066-A (Cont.) BEG I NN I NG at the intersect i on of the Easterly sideline of sa id "D" street (vacated) with a line that is 10.00 feet Northerly of and parallel with the centerline of 5th street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMINUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sidel ine of "D" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 458. . '. . - 1359 : The G~antor may, at his own risk, .the surface of the above described reeoperty in a manner that will not inter- fere. with dr be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. ~ d.", (7~ R CHAR~ ~h&' Executed this ,19~ STATE OF County of On August 5th, and State, personally appeared California Los Angeles } SII. , 19~~ before me, the undersigned, a Notary Public in and for said County RiC!hRrn H.K""I1Y ne whose name executed the same. 1S subscribed to the within known to me to be the person instrument, and acknowledged that Witness my hand and official seal. . ClFfIClAL_ s.~ 1IlIf#lll'l_ LOS N8I!S CCIIMY ,1l192 A.Cf~~~. . Notary Public In and for said County and State S.Lennen . 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 the Grantee consents to the recordatio~ thereof by it du Iy authorized officer. . Dated ? 8 ~~~~~-~"~ -. '-" RALPH M. WEISMANN, Deputy Director (Acllnll Real Property Manallement Division Depertment of General Services , CCSF, 85.29, 5/77 . . ,< . 8 _ 4 4 I 1 83 r; RtC0I10~UN :-1 IOFoffJ 1l\~t::~!)IJNry?2A.I 88 SEP -I PH': 33 J CX,~RTAy' L.lYLE~ """ RECOR SPACE ABOVE~ RECORDER' W ONL Y Mnl=EE WHEN RECORDED; PLEASE MAIL THIS INSTRUMENT TO: 1 1 1 City Clerk 1 City of Encin1tas 1 535 Encinitas Blvd., Suite 100 1 Encinitas, CA 92024 1 RECORDED REQUEST OF 1 NO TRANSFER TAX DUE DEPT. GE' :::RAl SERVICES 1 EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel No. 259-221-57 Project: SEWER/RANCHO SANTA FE ROAD W.O. No.: TE5396 Parcel No.: 88-0066-A Log No.: 270-12 RICHARD H. KEAGY, a married man as his sole and separate property hereinafter des ignated Grantor, owner of the hereinafter described lands, for a va I uab Ie consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetual easement and rl ght-of-way upon, through, under, over and across the herei nafter 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 bu il dings, structures, trees, bushes, undergrowth, flowers, and any other obstruct ions 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. 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: Parcel No. 88-0066-A (3-1-88) (ENG:AT:mrt) A strip of land 10.00 feet wide adjacent to Block 25 of the 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 County Recorder of said County, and lying in that portion of 5th street vacated and "D" street vacated by the Board of Supervisors on April 25, 1934, the sidelines of said strip of land lying 5.00 feet on each side of the following described centerline: ~ ~' . '" . . Parcel No. BB-0066-A (Cont.) BEGINNING at the intersection .of the Easterly sideline of said "0" Street (vacated) with a line that is 10.00 feet Northerly of and parallel with the centerl ine of 5th Street; thence Westerly along a line that is 10.00 feet Northerly of and parallel with the Westerly extension of the centerline of said 5th Street to the Southeasterly sideline of Road Survey No. 458 (Rancho Santa Fe Road), filed in the Office of the County Engineer of said County, and the POINT OF TERMINUS. The sidelines of said 10.00 foot wide strip of land shall be prolonged and/or shortened so as to terminate Easterly in said Easterly sidel ine of "0" Street vacated and Westerly in said Southeasterly sideline of Road Survey No. 45B. .~~. .~_"".__. '~_O".'."'___'_'M"___.._,__ ':....> '" ,.,.,"':~': ,". '.' .... ...,----"._~_.-..._- ._- ,. "'.i'~"i -.- "'.'.'" ,." .---.-------..-. ..-.. A The -Granto~ ma~, a~ his own risk, use the surface of the above described real p~rty in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. ~ doyof {7~ R CHAR~ H. ~h Executed this 19~ , ~I..~ SIn DIe&O COunty, California ~. , ,,~~~i1 ij ...-,.." ",,~ SAM lJ. '...... ,,- '<rr~~ ~. ~ f .Z'\ ~.~ : '. (?: ::C::,_ - AL :0= ;<..>: vi ,- =u - ;'~ \~'77I\'V;,. Reculller ~;d;-:l.J...\'~~ " ~',iI.IFOa~",'" ~II""'UI"" 11M Is II ffiJ~ d!1'!ifillft C(Ijl'J at the I'eCOtd 11 it II8arJ thG seal IClpRAtlld iR PUIpIe IRk. at tile Recordst. SEP - 1 1988 STATE OF County of California Los Angeles } 59. On August 5th, and State, personally appeared 19~~ before me, the undersigned, a Notary Public in and for said County RiehArd H.Keagy known to me to be the person instrument, and acknowledged that ne whose name 1 s executed the same. subscribed to the within Witness my hand and official seal. A. {;f -P,J-t.4'7 ~--1./ . Notary Public In and for said County and State S.Lennen . aflClAl.~ .... S.LDf8 NOTAA'f Pl1'UC- LOS AI/ilEUS COJNTY ..J.K .19VZ . 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 authorit~ conferred by Resolution of said Board adopted on March 20, 1979 and the Grantee consents to the recordatior! thereof by its duly authorized officer. . Dated 47t;;.k.J ;j / P,7? 8 ~y~2~~ RALPH M. WEISMANN, Deputy Director (Acting) Real Property Management Division Department of General SerlJices