Loading...
1991-487991 ~~~ nnc' H .~qQ<:;= UUt.l' H 1 j' I J. 23n-SEF:>'-199' i -"", .-.J .';' "J AL""t .. 2044 . , Recording Requested by: Cardiff Sanitation District AN~~~~~ ~i~l~i~~'~ ~:~~~~!;;,E~ ::: When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS I S USE ONLY I~ '," - SEWER EASEMENT -c; - .R J'~ $.'7J"1iJL. UMENTARY TRANSfE~...; - DOC . 7J..1 Project 8'l-ZQ7 W.O. No. 1/34.T Assessor's Parcel No. 264-152-31,32,33 & 34 ARTH1.R WAGNER AND MJLLI WAGNER. H AAANn AND WIFE /IS, rlJoM INTlY PRfIlFllTY AS m AN UNDIVIDED 50 PERCENT INTEREST AND WAYNF WAr.NFIl A STNr,1 F MAN AS m AN IlNnTVmm 50 PERCENT INTERFST AS TFNANTS TN lThf,f'f,) hereinafter designate Grantor(s), owner(s) 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., exclusive easement and right-of-way upon, through, under, over 'and across the hereinafter descr ibed 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, toqether 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) :J; 00 H~ \~ l\ ~~ . 2045 '. . 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 Encini tas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" attached hereto and rre.de 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 des~ribed 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/cov2-2S1wpS (3-18-91/1) " 2046 Executed this ~ day of J\I J!:; , 19...1.L. By: ,. atlERS: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] ] Th~s is,~o 'certify that the interest in real property convey.d by the forElgoiriq deed or qrant to the CARDIFF SANITATION DISTR:tCT 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 off'icer. Dated~ S-b-C[( w " w~-;t;~ Manager Cardiff Sanitation District , tf/~4/cov2-251wp5 (3-18-91/1) . ALL-PURPOSE ACKNOWLEDGMENT State of County of CALlfCl.,J11Cl . }, ~.J 'D,t{-O 204'7 h<\'i I b ~, 1j:\~ & ,J NAME, T\TlEOF OFl:ICEA. E.G., "JANE DOE, NOTA.RY PUBLIC' On l.Ji'-//'11 O,(TE before me, personally appeared Ji)Ay.J(: 1~"'€1... ~.\..L,.l WNrN(:fl \ PlVw~ \.w,..Jl;tL J NAME(S) OF SIGNEA{) I o personally known to me . OR . .Q( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. OPI'ICIAL SlIAL David M. Thompson Aff'fPUBUC. CALIFORNIA SAN mEGDCOUNfY UrComm, ExplresNov. 13. 1994 NO 209 CAPACITY CLAIMED BY SIGNER it: I ~NDIVIDUAL(S) o CORPORATE OFFICER(S) TlllE(S) o PARTNER(S) o ATTORNEY-iN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENT1TY(IES) ~ It.'V~ SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized docUment. THIS CERTIFICATE Title or Type of Document ~9d\o.P"'bTi.( krltH1"lffJT .k ~I- &.K,' t'i IT,..; MUST BE ATTACHED Number of Pages .5 Date of Document i,J," ,., I TO THE DOCUMENT - _.:10- DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 1!:l1991 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave.' P.O. Box 7184' Canoga Park, CA 91304-7184 .' .. ; 2048 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT FOR CITY OF ENCINITAS TRACT NO. 89-297 fA~E / Or 2. That portion of land lying within Parcel Map No. 11611 recorded 3une 25, 1981 with the county recorder as File No. 81-199898 in book of parcel maps page 11611, City of Encinitas, County of San Diego, State of California, described as follows: Commencing at the southeast corner of said Parcel Map; thence North 73 33' 58" West, along the southerly boundary line of said Parcel Map No.11611, 208.06 feet to the true point of beginning; thence departing from said boundary line, North 16 00' 00" East 163.85 feet to the beginning of a tangent 260.00 foot radius curve concave westerly; thence northerly along the arc of said curve, through a central angle of 26 20'56", 110.49 feet to the beginning of a tangent 220.00 foot radius reverse curve concave easterly;thence northerly along the arc of said curve through a central angle of 32 18' 56", 124.08 feet to the beginning of a tangent 20.00 foot radius compound curve concave southeasterly; thence Northeasterly along the arc of said curve, through a central angle of 59 02' 28", 20.61 feet to the beginning of 65.00 foot radius reverse curve concave northwesterly having a radial bearing of south 8 59' 32" East. Thence northerly along the arc of said curve, through a central angle of 114 08' 46", 89.65 feet to the beginning of a 250.00 foot radius curve concave westerly having a radial bearing of South 66 16' 50" East; thence norther- ly along the arc of said curve, through a central angle of 36 45' 20", 160.38 feet to a point which lies in the northerly boundary line of said Parcel Map No.11411; thence South 78 59' 50" West, along said boundary line 40.00 feet to the beginning of a 210.00 foot radius curve concave westerly having a radial bearing of North 78 59' 50" East; thence southerly along the arc of said curve, through a central angle of 35 52' 29" 131.49 feet to the beginning of a 45.00 foot radius curve concave southeasterly having a radial bearing of North 3 51' 58" East; thence southerly along the arc of said curve, through a central angle of 116 22' 68", 91.40 feet to the beginning of a 20.00 foot radius reverse curve concave westerly having a radial bearing of South 67 29' 10" West; thence along the arc of said curve through a central of 46 34' 03", 16.26 feet to the beginning of a tangent 260.00 foot radius reverse curve concave easterly; thence southerly along the arc of said curve, through a central angle of 34 24' 09", 156.11 feet to the beginning of a tangent 220.00 foot radius reverse curve concave westerly; thence southerly along the arc of said curve, through a central angle of 24 20' 56", 93.49 feet; thence South 14 00' 00" West 129.59 feet to the southerly boundary line of said Parcel Map No.11411; thence South 73 33' 58" East along the southerly boundary line of said Parcel Map No. 1141, 11.18 feet to an angle point in said southerly boundary line; thence South 26 26' 02" West along said southerly boundary line, 33.03 feet to an angle point in said southerly boundary line; thence along said southerly boundary line South 73 33' 58" East, 35.98 feet to the point of beginning. Af"7J/ ~rf!(' GARY H. MAGILL, L.S.#5871 .. '. 2049 ?,t/6& 2 or 2 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT FOR CITY OF ENCINITAS TRACT NO. 89-297 A strip of land 15.00 feet in width in a portion of Parcel 4 Parcel Map 11411, in the City of Encinitas, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County on June 25, 1981 as file No. 81-199898, said 15.00 foot strip lying 7.5 feet each side of the following described center- line: Beginning at a point on the North line of said Parcel 4, distant thereon North 78 59' 50" East, 25.78 feet from the Northwest corner thereof; thence South 08 50' 00" East, 254.75 feet; thence South 06 12' 12" West, 185.08 feet; thence North 87 46' 08" West, 16.39 feet to the point of terminus on the West line of said Parcel 4, said point lying distant theron South 03 43' 51" East, 431.08 feet from the Northwest corner of said Parcel 4. The sidelines of said shortened as necessary on the North, West and strip of land are to be extended or to intersect with the property lines South uf uuid P..c.1 4. ~ .~~~JJ1~' GARY . MAGI~ L. .#5871 ... . ALL-PURPOSE ACKNOWLEDGMENT ::>~~~~~~~~--..~ State of 0(k~(\l /\N.c.. County of C~ ~ On \- \\-C\ \ } 2051 before me. LINn.&. f: AIIPPIP6.T NnT6.RV DATE NAME, TITLE OF OFFICER. E,G.. 'JANE DOE. JOTARY PUBLIC. personally;ppeared ~Q\ (Y\~,^ \'\0.. \. D {" . NAME(Sl OiUlONER(S) o personally known to me . OR . 'r:;f..Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). orthe entity upon behalf of which the person( s) acted. executed the instrument. Witness my hand and official seal. @......NOTARYPuBLIC . STATE OF CAUFORNlA . ~ COunty of Orange , LINDA F. SUPPIPAT ..' My Appt. Expires Nov. 13. 1994 . ~1'j. CAPACITY CLAIMED BY SIGNER )6.INDIVIDUAL(S) o CORPORATE OFFICER(S) TIlLE(S) SIGNATURE OF NOTARY o PARTNER(S) o ATTORNEY-iN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) ATTENTION NOTARY: Although the information requested below;s OPTIONAL, it could prevent fraudulent attachment of this cert' icats to unauthorized document. ord; o.:J,'o (€.-€rnen1- -(/-<1/ ~\.L\o l-o'S ~ \ \ I C\. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages _l Signer(s) Other Than Named Above @1991 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave.' P.O. Box 7184' Canooa Park, CA 91304-7184 '. 2050 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 10-3-89 as file/page No. 89-53.269 subordi-. nated to Easement For Public Sewers ("DOCUMENT hereinafter) Required As Condition of Approval of City of Encinitas Tract No. 89-297. 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 DOCU- MENT had been executed prior to said Deed of Trust. BENEFICIARIES: 1- J 2. , 3. .. 5. I .t '." , .'4" , Date: By: ROBERT D. BAZIL By: RUBY LOIS BAZIL Date: By: HAROLD T. ODMARK Date: By: Date: CLARA J. ODMARK BY:~~..uv\.~. Date: 1- /1- '1/ @ARMEN MAJO~ Signature of Beneficiary of 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 I'IMACH 80. , ,'7 i that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recorda- tion thereof by its duly aut~rized officer. Date q-/~ -9( By Wa-..- -tJ. ~--b . WARREN H. SHAi'ER:-- D!;&Jct Manager Cardiff Sanitation District tf/o./cov2-251wp5 (3-18-91/1) - ~DG14'ENT - 20;J 3 State of . County of : \ On n I." I Ctl before me, ~ ~ Zs nally appeared ' NAME{S) OF S NE ( personally known to me . OR . 0 proved to me on the basis of satisfactory evidence to be the person(S) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(S), orthe entity upon behalf of which the person( s) acted, executed the instrument. Witness my hand and official seal. iI"'~"'~"" r . ,-.. ;..... ~ . , ct 0:...0....'.. OffICIAL sEAl NANC'V L. KERNER NOTARY PUBLIC - cALlf'ORN1A PRINCIPAL OfFICE \1'4 ORANGE COUNl'f My C01T1rnission Ell.P. July 5. 1992 CAPACITY CLAIMED BY SIGNER ' W o iNDIVIDUAL(S) 1. o CORPORATE OFFICER(S) TITlE(S) o PARTNER(S) o ATTORNEY.iN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR ~O~ fr ('\ ~ SIGNER IS REPRESENTING: NAME of PER$ON(S) OR ENT1TY{IES) -= ATTENTIoN NOTARY: A"hough the intormation requested below is oPTIONAL. it could prevent fraudulent attachment of this certificate to uneuthorized doCUment. :: Q 1991 NATIONAL NOTARY ASSOCIATION..236 Remmel A...' P.O. .,,, 7184' C'- Pa"'. CA 91304.7184 SIGNATURE OF NOTARY . Title or Type of Docum Number of Pages Signer(s) Other Than Named Above THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: -=- :::;.-- - , 2052 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 10-3-89 as filelpage No. 89-534269 subordi- nated to Easement For Public Sewers ("DOCUMENT hereinafter) Required As Condition of Approval of City of Encinitas Tract No. 89-291. 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 DOCU- MENT had been executed prior to said Deed of Trust. . BENEFICIARIES: 1- By: ~ f)~~,.J Date: 7-' /.:z - 9/ R ERT D. BAZIL 2. BY:~~ 4 ? Date: 7~/.;2.-91 BY 0 S BAZIL ~v 3. By: Date: HAROLD T. ODMARK 4. By: Date: CLARA J. ODMARK 5. By: Date: CARMEN MAJOR . . ( Signature of Beneficiary of 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 /lJ4eqJZo If'lf that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recorda- tion thereof by its duly au~orized officer. Date C{-(f,-1( By W~-tJ ~ , WARREN H. SHAFER, DiMct Manager Cardiff Sanitation District tf/o4/cov2-251wp5 (3-18-91/1) AU._PURPOSE ACKNOWLEDGMENT State 01 C' 0 Q.......~ ~ "^-I rA county 01 (GA (J.N- ~ . On '>-\ _ ,c::.._ C\ \ _belore me, ~ personally appeared e. \ a.. (' 0..\ NAME{S) OF SIGNER{S) o .._...- W ~. OR. 0 0'0'''' w ~.... "".. ",.."'," ...."" to be the person(s) whose name(s) is/are subscribed to the within instrUment and ac- knowledged to me that he/she/they executed the same in hiS/her/their authOrized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behall olwhich the person(s) acted, executed the instrument. WitneSS my hand and official seal. t . , . 20sr) C"p"CI'TY CL"IMEO 8'1 SIGNER ~, ~DIVIDUAL(S) ~ o CORPORATE- OFFICER(S) - -) T\1LE{S) LINDA F. SUpp'PA'T, NOT AR't o PARTNER(S) o ATTORNEY.IN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: NAME, TITLE of OfFICER - E.G., . JANE OOE. N01ARY l'UBUC' +- ~(o\ SIGNER IS REPRESEKTING: NA.ME OF PERSONtS) DR ENT\T'l'tIES) fii,..:. 1ol0T,o,IIY pUBLIC . . ST "TE Of c,o,UfOllIol',o, ! .. .. CountY 01 orange . , LINDA f. SUPPIPAT My AWl. El<l'lr.. No.. 13, 1994 'If THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: @1991 NATIONAL NOTARY ASSOCIATION' .236 Remmot Ava.' P.O. Bo' ,,84' C_a P"', CA 91304-7 . '. . 2054 " SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 10-3-89 as file/page No. 89-53.269 subordi-' nated to Basement Por Public Sewers ("DOCUMENT hereinafter) Required As Condition of Approval of City of Encinitas Tract No. 89-291. Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTBB hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCU- MBNT had been executed prior to said Deed of Trust. BENEPICIARIES: 1. By: ROBERT D. BAZIL Date: '. --J1 3. By: Date: RUBY LOIS BAZIL rl (')..{}..., ",n .. n Q,...Q..._ I r; I 11 'I \ By: ~_ ..J. ~Date: ~ HAROLD T. ODMARK By: (!?u""':.1 a~ ~~ Date: QJ.P..J /s:-. /9P / CLARA f/ ODMARK ~ 2. . .. 5. By: CARMEN MAJOR Date: Signature of Beneficiary of 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 N.HiJII 2t:J I '1 '71 that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recorda- tion thereof by its duly au~hO{ized officer. Date~-{70-'l( By w~-tl ~ . WARREN H. SHAFBR: Dist~t Manager Cardiff Sanitation District . . tf/o./cov2-251wp5 (3-18-91/1) .