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1991-124420 (2) . 585 A~ '~~~~~01~~~20 y 2-1~~ --4~~ All _ ~AN DTFGG Co~~~~ ~ECORDER"S OFr~CE- ANNET TIE~VAP!5 9 GJllNTY h'ECORuER FEESr !'E0% j ' Recording Requested by: ) Cardiff Sanitation District ) ) When Recorded, Mail to: District Engineer Cardiff Sanitation District ) ! 527 Encinita's Boulevard ) ~ Encinitas, CA 92024 For the benefit of the District ) SPACE A.BOVE FOR RECORDERS' S USE ~ ONLY SEWER EASEMENT ; ; Assessor's Parcel Project CS-079 j No. 260-283-13 W.O. No. CS~079 Log No. N/A j ; ~ David Davis and Beverly Phillips ~ i hereinafter designate Grantor(s), owner(s) of the hereinafter I described lands, for a valuable consideration, do(@go 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 renove soil and other materials within said right-of- i way and to usethe 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 tf/my/cov2-116wp5 (9-27-89) SCANNED _586 ' to convey saici easement, or any portion of said easement, to other public agencies. The xeal 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 Grantars hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or i maintained upon the above described real property or within said ' easement and xight-of- way with building or structure of any nature or kind that will interfere with the use of said easement and i 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. I ~ The Grantee hereby covenants and agrees for itself, its successors I and assigns, not to prevent the Grantors, their successors or ; assigns, from erossing over said real property and agrees that the 'i Grantors, their heirs, successors and assigns may enjoy the 'I 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 I 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. ' ~ I I tf/02/cov2-116wp5 (11-13-89/1) - f ~ 587 Executed this day of N7 19~. OWNER: t . . . i7Y. A ~ f . By: 6 ' 4A, l~j/ [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] 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 Grantee consents to the recordation thereof by its duly authorized officer. Dated: WARREN H. SHAFER, D TRICT MANAGER Cardiff Sanitation-District tf/myJcov2-116wp5 (9-27-89) GENERAL ACKNOWLEDGMEj' 588 , .c d~~ ~ State of On this the ~ day of 1g/ before me, SS. County of ~ r~~/Z-~ /-~,.•e. ~d~f~6te the undersigned Notary Public, personally appeared oFFicwL sEaL = personalty known to me SHARON McDOWEl.L NoTARY PUDUC • CALIFORNIA YJ yy13.• ved to me on the 4asis of satisfactory evidence PRINCIPAL OFFICE IN to be the person(s) whose name(s) ubscribed to the SAN DIEGO COUNTY ~;7i~ t-s.1~ • My Commksion Lxn. Aug. 10, 1993 Wlthlfl InStrUfT19f11, and acknowledged that executed it. WITNESS my hand and official seal. N s Signature ' , 71101.4 . ` NATIONAL NOTAqV A99pCIATION • 23012 Ventura 9104. • P.O. Boa 4625 • WppOWp MiW. CA 91764 ~ GENERAL ACKNOWLEDGMENT No. zoi State of C A L t E-0 P. 0 16 On this the ! I day of f-E ~~19~ 1~~t 19-9-1 , before me, SS. Countyof DIRA1AGV-- C.f1Ro1_ 'T the undersigned Notary Public, personally appeared 6E Ii E V, 1 Ll.. l e c'a , x personally known to me ❑ proved to me on the basis of satisfactory evidence a~ ~P OFFICIAL SF,AL to be the person(.&)-whose name(6) is subscribed to the ' C:AP,OL J. PRADO ~ within instrument, and acknowledged that S*` e executed it. NOTARY PUBUC - CAl il i:l1A WITNESS my hand and official seaf. OR'hNGE COUNTY My comm. exp+res FED 23, 1994 Notary's Signa u e 7110122 NATIONALNOTARY ASSOCIATION • 23012Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 ~ ~~i ~ ~ p~L- ~ ~ rz c~ ~n~r ~ ~ ~ s~~~ ~ ~ ~ ~ ~ r. SOW4RDS AND (,R OWN. ENGINEER(- ;G ' . 589 J.N. 88-195.1 . December 5, 1990 VS LEGAL DESCRIPTION FOR PUBLIC SEWER`EASEMENT Being a portion of Parcel 2, according to Parcel Map No. 1269, in the City of Encinitas, County of San Diego, State of Califomia, filed:in the Office of the County Recorder of San Diego County, February1, 1973 more particularly ' described as follows: The most Southerly 15 feet of said Parcel 2. Containing 1162 square feet, more or less. ~%°°i~ B~ ~ 406 ~ ~ x . 9/30/92 ~ . . It~~I-tl 45 O~~~~ d . e . ~ 88195.lg1 2187 NEWCASTLE AVENUE • SUITE 202 • CARDIFF BY THE SEA, CA 92007 • 619/436-8500 ~ . _ . . . . , . , 591 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recordedMav 14, 1990 as file/page No. 90-261375 subordinated to Easement For Public Sewers Required As Condition of Approval Of ~t-woY FaspnPnt ("DOCUMENT" hereinafter) ; 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. February 20, 1991 'Pf-iE BANK OF RANCHO BERNARDO DATED BEN FICIARY OR T STEE s----~--"'~,. B > ~ John D. Gonnerman I Tl @:Ex2Gllf 7STP V7 i` Proc; r7l+r.1- _ California Coasl ~ ~ n Tifle Compdny ~ STATE OF CALIFORNIA . ' SS 5J2 SAN DIEGO ~ COUNTY OF On this the-2Qthday of 'Fohn,arV - 19-K- before FOR NOTARY SEAL OR STAMP me, the undersigned Notary Public, in and for said Counly and State N personally appeared C9 d (D a be the L'".~°~~~~C2 nce to . to ~ N proved to me on the basis of satisfacrY evide N IAL cc F1 5EAL C / ndent, and A O resi P Tl4IRESA l, RICE ~ ` ji0'iW, PU2!JC . CAUFOiNIA ° Spy ptEGO CoUN7Y ,~I o proved to me on the basis of satisfactory evidence to be rT /7~, I pry Comm, ExDtrms Feb. 25,1994 o Secretary of the corporation that executed the within instrument on behalf i~ 10 of the corporation therein named, and acknowledged to me that such Y Q y corporafion executed the within instrument pursuap ots by-laws or a l ~ M resolution of iY ar of directors. i ro y f: Q ~ U gi9 _ carairr 5anitation District ~ TF/04/COV1-140WP5 (3-21-90) : ~ i I 590 a = (OS°10'00" er 1305~~ 30''~ c= 28•oa' N - 2~.02 ~ i2~~232~ 33 y$ ; zo ro ~ Z!, J% ~ ~ ~c o , . Ql w 0 ~ ~ 0 z W 44 Prl J W~ PCL Z ~ ~ p JM ~ C Q.- ~ N - a w ~ ty'~dF3ClC 6~GVEF~ EA4G7MErvrdRQa1rEO To eQ ROIFF 4a Nrrq rrON 014TgICT PER ~ ~ IVO. . 001 a~c. . 5406 0 Al . ~ Exp. 9/30/92 ~~po I' J067 Al0• 88-/Jy. I 15 A/oV. bo SOWARDS A,u BROWN ENGINEERING, INC... i CONSUL7ING ENGINEERS 'I 2187 NEWCASTLE AVENUE SUITE 202 CARDIFF BY THE SEA, CA. 92007 (619) 436 8500 -