1992-141303
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16-MAR-1992 08:11 AM
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Recording Requested by:
Cardiff Sanitation District
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S DFFICE
ANNETTE EvANS, COUHTY RECORDER
FEES: 0.00
When Recorded, Mail to:
Distric~ Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
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) SPACE ABOVE FOR RECORDERS'S USE
ONLY
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SEWER
EASEMENT
--f;Y
DOCUMENTARY TRAMsnR TAX ...-.. -..
Project Cs-108
W.O. No. CS-108
Assessor's Parcel
No. 265-355-21
Ray H. Wakeham and patricia V. Wakeham
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 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 buildirigs, 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.
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140
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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
Encinitas, 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 and the entire area encumbered by the
sewer easement shall be graded flat and unobstructed at all times,
unless authorized by the Grantee in writing.
The Grantors hereby covenant and agree for themselves, their heirs,
successors and assigns, that there shall not be constructed or
maintained upon the above described real property or within said
easement and right-of-way, any buildings or structures of any
nature or kind that will interfere with the use of said easement
and right-of-way unless authorized by said Grantee, its successors
or assigns, or that will interfere with the ingress or egress along
said easement by said Grantee, its successors or assigns. When
authorized by the Grantee, gates will be permitted as long as said
gates remain unlocked, or, if locked, then Grantee shall be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for all existing
improvements within the sewer easement and Grantee will not be held
liable for any damages, thereto.
The Grantee hereby covenants and agrees for itself, its successors
and assigns, not to prevent the Grantors, their successors or
assigns, from crossing over said real property and agrees that the
Grantors, their heirs, successors and assigns may enjoy the
continued use of the surface of said real property herein
described, subject to the conditions above stated; and the Grantee
hereby covenants and agrees that after the installation of any pipe
line in any excavation made by it in the above described easement
and right-of-way Grantee will backfill any such excavation made by
it so as to fill said excavation as nearly as practicable to the
level of the surrounding ground, and will replace any oiled,
asphalt or concrete surface with like material.
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Executed this
IO~ day of Sef"TEWi 'BE7C.
OWNER:
, 19.3..L.
waktall~
patricia V. Wakeham
By:
By:
[signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
State of California
ss.
County of San Diego
On September 10, 1991 before me, the undersigned, a Notary Public in
and for said State, personally appeared Ray H. Wakeham and Patricia V. Wakeham
personally known to me or proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) are subscribed to the within instrument and
acknowledged that they executedl"'t~same-.""""""""""""""""-""""""
1 e'" OFFICIAL SEAL 1
. . 1 SARA M. CORTES 1
WITNESS my hand and offICIal seal.l NOTARYPUBUC-CAlIF. 1 .
. 1 PRINCIPAL OFFICE IN 1 c'. m ~ ~
1 SAN DIEGO COUNTY l...:..::?Oi/ 4././17.
This is to certify that the ~~~X~~~~~y 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:
s -(, - '"1'l..
w~~
WARREN H. SHAFER, D~str Manager
Cardiff Sanitation District
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J.N. 91.006.1
July 5,1991
August 7,1991
VS
EXHIBIT n A n
LEGAL DESCRIPTION
FOR
PUBUC SEWER EASEMENT
Being a portion of Block 95 of Colony of Ollvenhaln, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 326, filed in the office of the Recorder of said San Diego County, July 8,
1885, together with that portion of Lot 24 of Rancho Las Encinitas, in the City of Encinitas, County of San Diego,
Stale of California. according to Map thereof No. 848, filed in the office of the Recorder of said San Diego County,
June 27, 1898, more particularly described as follows:
BEGINNING at the most Northeasterly corner of Parcel 1 of that deed to Ray H. Wakeham and Patricia V.
Wakeham, recorded February 8, 1978 as File No. 78-051684 of Official Records, said corner being a point on
centerline of an existing 30.00 foot wide road and public utility easement; thence leaving the Northerly line of said
Parcel 1
1 . South 38'l21'OO. West
15.00 Feet
along the Easterly line of said Parcel 1, to a point on the
Southerly line of said 30.00 foot wide road and publiC utility
easement; thence continuing along the Southerly line of
said easement parallel to and 15 feet Southerly of the
Northerly line of said Parcel 1
2. North 51039'00. West
27.04 Feet
to a point on the Westerly line of said Parcel 1; thence
continuing along the Westerly line of said Parcel 1
3. North 00045'53" East
16.23 Feet
to a point on the Northwest corner of said Parcel 1, said
point also being the terminus of centerline of said 30.00
foot wide easement; thence continuing along the Northerly
line of said Parcel 1 and centerline of said easement
4. South 51039'00. East
20.85 Feet
to the POINT OF BEGINNING.
Contains 359 SQuare feet, more or less.
Q1GSO.LGL
WAKEHoW3
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Joe MO. '1f'08~.(
SOWARDS'~ BROWN ENGINEERING, INC.
COIlSULlING ENGINEERS
2187 NEWCASllI; A\9lUE SUllE 202
CAROlFF BY 1HE SEA. CA. 82007 (e18) 438 8500
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 09-22-86 as file/page No. 86-416573 subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
condition of Approval Of CS-108 ;
NOW, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
pr:;tiO to said Deed of Trust.
_~-!2/J?~L-J /'( /91/ /};/) .()~ J/~
om :~ DR TRUSTEE a~.
Tit~i"~
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
~ -~;n Board adopted on MIII!-CH 20,I17"l that the Cardiff
'-- ~nnsents to the'making of the foregoing
--- t-n recordation thereof'by its
;~L,.~~!SS . 1'5 ~
_. before~th D'
~... --..Y- J e undersIgned, a Nota
-: ,., -- J ry PUblic In and for
basIs of s~t}Sfl\Ct . ""
_ ()-<.-t!. 03 eVidence) to be the persons h ' perSOnally known t - -'-_and
. p W oexecut d ome(orpro d
resIdent an~ e the within inst /} VS_ ~ me On the
rumentaL ~
the CorPoration tM . ------------Secretary, On behalf of
ereln named and '
Suchcorporatjon ,aCknowledged to
executedthewifhl . me that
bY-law n lnstrum
S Or a resolution of it b entpurSUanttoits
WITNESS m soard of directors.
Y hand and official seal.
Slgnature~ 0",- ~.
STATE OF CALlF~O)
COUNTY F IA
o J.
said Stat
e, perSonally appeare
Manager
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OFF1ClALSEAJ;
fAREN .II. SHIPP
NOTARY JIUBuc. CAlifORNIA
SAN OO:GO .....1Y
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(ThiS area for off' .
IC/af notarial seal)
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SUBORDINATION AGREEMENT
, 146
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Whereas, those parties concerned, desire to have the Deed of Trust
recorded 11-19-90 as file/page No. 90-622498 subordinated to
Eas_ent For Pul:llic Sewers ("DOCUMENT" hereinafter) Required As
condition of Approval Of CS-108 ;
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
prior to said Deed of Trust.
f-/o-q/
DATED
$&(!.t.!/!/r'/ fJ/k!./FIc.../JIIT/#tJffL ~IL
BENEFICIARY OR TRUSTEE
By: Viii ~
Title: !/;t!-&hE.SfD~NT
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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 MmecH ZO./'17'1 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 >- q -'I 1- By WCtAA-- ~Jlh.
WARREN H. SHAFER,DQrict Manager
Cardiff Sanitation District
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