1991-487991
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2044
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,
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)
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2045
'.
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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)
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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
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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
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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\ \
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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
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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)
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~DG14'ENT
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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
.
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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)
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