1990-574557
.
.
90 574557
(- ~; CORJ:ICO IN--'
""," ""'COfiO" I
o>;,.,,~., -T'_.~*!
':)U!ll,y,ti'l
2200
Recording Requested by:
Cardiff sanitation District
)
)
)
)
)
) NO FEE/
) . /"
l SPACE ABOVE FOR RECORDERS I S USE ~
ONLY
13~O m:r 23 4.14 8: 22
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
, vERA L LYLE.. I
, ",:own f HECORD~
SEWER EASEMENT
Project
W.O. No.
Log No.
TPM 89-140
0181N
464
.
Assessor's Parcel
No. 265-390-21
Myra Wi1csek. Mike Wi1csek. and John wilcsek
hereinafter designate Grantor (s), , owner(s) of the hereinafter
described lands, for a valuable consideration, dotRa) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, over and across the hereinafter described real property for
the installation, construction, operation, maintenance, repair,
replacement, and reconstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
of-way by Grantee, its successors or assigns and in addition
thereto, to remove soil and other materials within said right-of-
way and to use the same in such manner and at such locations as
said Grantee may deem proper, needful or necessary in the
construction, reconstruction and maintenance of said sewer lines
or structures incidental thereto.
To have and to hold said ea;ement and right-of way unto itself and
unto its successors and assigns forever, together with the right
tf/my/cov2-116wp5 (9-27-89)
Cfo- boQ3
. . .
to convey sa~d easement,
public agencies.
2201
of ~d easement, to other
. .
or any portion
The real property referred to herein and made subject to said
easement and right-of-way by this grant is situated in the County
of San Diego, State of California, and is particularly described
as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part by
hereof by this reference.
The Grantors may, at their own risk, use the surface of the above
described real property in a manner that will not interfere with
or be detrimental to use of said easement and right-of way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon.
The Grantors hereby covenant and agree for themselves, their heirs,
successors and assigns, that there shall not be constructed or
maintained upon the above described real property or within said
easement and right-of- way with building or structure of any nature
or kind that will interfere with the use of said easement and
right-of-way Grantee, its successors or assigns, or that will
interfere with the ingress or egress along said easement by said
Grantee, its successors or assigns.
The Grantee hereby covenants and agrees for itself, its successors
and assigns, not to prevent the Grantors, their successors or
assigns, from crossing over said real property and agrees that the
Grantors, their 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 in any excavation made by it in the above described
easement and right-Of-way it will backfill any such excavation made
by it so as to fill said excavation as nearly as practicable to the
level of the surrounding ground, and will replace any oiled,
asphalt or concrete surface with like material and will replace any
fence removed by it.
tf/02/cov2-116wp5 (11-13-89/1)
,.:
.
2202
.
'. .
Executed this !f?<P( day of
5~ ..;-" , 1.9 PO.
OWNER: ,// /
BY:jy~W~
Mike Wilcsek
.y,;".1- 4.,),;..J....
John Wilcsek
~y/~~-/J~
My Wilcsek
[signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1.979, and Grantee
consents to the recordation thereof by its duly authorized officer.
,
x
..
~
Dated:
lc - I ct-ClP
w~~~
. \
.
tf/my/cov2-116wp5 (9-27-89)
,
e.
..' .
.
220.
,.
EXHIBIT "An
LEGAL DESCRIPTION
All that portion of the Southeasterly half of "c" Street as shown
on Map of 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 San Diego
County, July 8, 1885 as vacated and closed to public by order of
the Board of supervisors of San Diego County on March 4, 1915, and
being more particularly described as follows:
Beginning at the most Southwesterly corner of said Block 41,thence
South 15'03'50" West along the southwesterly prolongation of the
Northwesterly line of said Block 41, a distance of 40.02 feet to
the centerline of Whisperwind Drive (formerly 8th Street); thence
westerly along the centerline of Whisperwind Drive North 73'12'12"
West a distance of 40.02 feet to the Northwesterly line of the
Southeasterly one-half of said vacated street;thence North15 , 03'50"
West a distance of 40.02 feet to a line which bears North 73'12'12"
West 40.01 feet from the point of beginning; thence South 73'12'12"
East a distance of 40.01 feet to the point of beginning,
, .;"
.. w',
'Y>~-~~~?'~"",~:-;"-~~
."".",;.,,1.'."," ..,;,,,,.J,7~~r.&1lJl!__, ~~L,
-
jo'
3
--,
.
c7Yt?b! .$.::1 J"..L/VP".5' O#.:)IV6/l,I .
~
"
l\
~
'"
,h
:~
k
<
'lU
,~
.~
. . tfl
~
~
:~
"
.:s
I
4J
IS)
"~
~'l\l
l'fI
~
"l~
\)"
\:\
...j
-~
~
~
~
~
~
~
~
i
~
~
"
V)
EXHIBIT "B"
0'
.....
~
~
<<)
I
In
\S
C\I
~
"
~
It
I~
~
~
~
~
~
,C/1'
, Ofr
~
~,
,
~
~
i
~
~
~
~
p~R:JSeo FU&Jc.
$Wee t:ASGMcNr
t'-.
~
~
, ^
,\."
.
2206.
. "
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 04-24-90 as file/page No. 90-219~0~ subordinated to
Easement For Public Sewers Required As Cond~t~on of Approval Of
TPM 89-140 ("DOCUMENT" hereinafter);
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby waives the priority of sai Deed of Trust in favor of said
DOCUMENT to the same extent s i aid OCUMENT had been executed
prior to said Deed of Trust. ~~
Q.'?l1./QQ
DATED
By:
Title:
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 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
I o....-{ ,-t"
By W~-U ~-
WARREN H. SHAFER, D~strict Manager
Cardiff Sanitation District
.
.
-
TF/04/COVl-140WP5 (3-21-90)