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1993-563280 (2) y 31 w x t-q , OFFICI~;j~.y~f~` ~;EL3~~t~DS ~~E'# ~T~ UO Cry~1~~Tif EC~~~E~4 7 ul/~~~~iLy~i~C6. . Rec.ording Reque sted by: . yJ.4 A) t~3li jTE r/~ 1.?i~NT'4731 j'L.i:tR. - } .rE ~'3a ~ Cardiff Sanitation District ) ) When Recorded, Mail to: ) District Engineer ~ Cardiff Sanitation District ) 527 Encinitas Boulevard . Encinitas, CA 92024 r' , .14 1 i-: For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE ONLY . SEWER EASEMENT Assessor's Parcel _ Project . CS-108 No. 265-355-20 W.O. No. CS-108 1 _ Mike Anderson and Jayne Anderson I ~ hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(e~a) 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 aeross 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 struc;tures i.ncidental thereto, together.with the perpetual right to remove buildings, fences, struc:tures, tre,es, bushes, undergrowth, flowers, and any.other obstructions interfering with the use of said easement and right-of-way by Grantee, its succesaors 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) CANNED : . ~ 115 Thie real property referred to herein and made subject to said easement and right-of-way by this gr_ant is situated in the City of Encinitas, County af San Diego, State of California, and is particularly described as follows: See Exhibit "A" and Exhibit "B" attaehed 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 sha-11 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 responsibie for _all existing ' improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. The Grantee hereby covenant5 and agrees for itself, its successors and assigns, not to preven't the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their hei.rs, successors and assigns may enjoy the continued use ot 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 fi11 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/cov2-251wp5, (3-18-91/1) 116, l Executed this /0 day of Azj, 19 elz . OWNER: r ,9 BY : -~(lL( 0~5~ Mike Anderson sy : ~ V7`9~;L J yn Anderson [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 f consents to the xecordation thereof by its duly authorized officer. Dated : ~ WARREN H. SHAFER, District Manager ° Cardiff Sanitation District tf/04/cov2-251wp5,(3-.18-91/1) 118 J. N. 91-036.1 I July 5, 1991 August 7, 1991 VS EXHIBIT "A,l LEGAL DESCRIPTION fOR PUBLIC SEWER EASEMENT Being a portion of Block 95 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 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, `State of California, according to Map thereof No. 848, filed in #he office of theAecorder of said SanDiego Counry, June 27, 1898, more particularly described as follows BEGINNING at the most Easterlycorner of Parcel 1 of that deed to Mike Anderson and Jayne Anderson, recorded March 29, 1985, as File Na. 85-106454 of Official Records, said corner being a poinf on the Northerly line of an existing 30.00 foot wide road and public utility easement; thence continuing along the Easterly line of said Parcel 1 1. South 38021'00" West 15.00 Feet to an angle point on said Parcel 1 and the centerline of said _ 30.00 foot wide easement; thence continuing Northwesterly along said Parcel 1 and the centerline of said easement ;2. North 51039'00" West 20.85 Feet to an angle point on said Parcel 1 and the terminus of - - - centerline of said 30,00 #oot wide easement; thence leaving said Parcel 1 3, North 60°45'53" East 16.23 Feet to a point on the Northerly line of said 30.00 foot wide easement; thence continuing along said easement line 4. South 51°39'00" East 14.66 Feet to the POINT OF BEGINNiNG. Contains 266 square feet, more or less. c,aos.ccc , ANOER90N-4 : . 119 EXHIBIT B- 09,0v O ApIU ~ eG5-35y-~0 ~ LL IU w L? ~ ~ . N 3q"oo" oi m' N610 e3 ' 0 0 . pROPOSEO ,(5'lNfOE P[/~G/~ ~ 2EG(Giq E4SLc4lEA1T4R4a1TEd , To c4a01FF SaN1Td71oiv `y O1STRic r. ~ s- / 50 p.a~ ~ \-~0,f)~J , 3q po l~E Rp~~,~ E pUOL1~ o E ~ o, / y 3o~t~jl ty E M~ Q~~Uc • ~ ~p~~¢ JOB rVO. 41-03G.~ ' SOWARDS ,wo BROWN ENGINEERING, INC. CONSULTiNG ENGINEERS 2187 NEWCAS'TLE AVENUE SUITE 202 CARDIFF BY THE SEA, C/1. 92007 (619) 436 8500 DMTC.HAYSE/FRAUEL ID:7555284 OCT 27'92 14:36 Na.001 P.08 , ~ I _ , . _ 120 I SUBURDINATTON AGREFMENT . W'kieredz, t~hcrse parties concernedr d+asire tca haVe the Deed of -Trust xecarded as fa.?-e/page Nb. 87-276433 subordinated to • ~aoeme~xti or p ],ir-o $4'sLif#]~s (~~DDC1yM1rNT +~r6tY?~~4 '~0aG) Iteguirod A0 Canditson of Appraval of , CS-].08 r Now, therefara, fox va].uable annsXderation, tlxe receipt of `rlnich is herekyy atsknow].edged, the ur►dex's].gzxed RENE]P'ZCTARY UR 7CRUSTY3E • her~by waives the priority of said Deed of Trust in favor of sai.d DOCUMENT to trie same extetlt as z~ saic3 I7c7CUMENT had been executteti pra.c►r to said Uead of Txust. 2/18/93 DATEl7 BFDIFk'1)C1.X OR T . ST7E, . By: 114 ' VICE PRESID NT AS SERVICING Title. _ AGENT,FOR SI6ENTIAL FUNDING OFFIC t NU1'AKY Z. TOMAS RAMIRO RODRIGUFZ . NUTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC258719 . SiCJ MMI SI Qr trL1Stk?e ta be notarized. Attach the , approprXate ~oXhowledgemeht. ' SWORN TO AND SUBSCRIBED + RE .THIS 18th' DAY OF FEBRUARY 1993. ~ . N-~JR-'C.PiTL~ ~ Icertify on beha].f of the Baard of i7irc~ctars rdif f ' i sanitation District, pursuant to authority conf erxed by Resolution . ag said )~oard adogted ort March 20, 1979 that tha Ca7rdiff ~ ,5anitatiox► aistrict conrents to the mak;,ng of the foregoing ~ Subordinatian Agreemant, and cansents to recoxdation thereof by its i duly autYiorized cs£ficer. i Date (9 $Y ~ WMREN Ji: • ,9HAk'ER, striat Manager ~I Cardift Sanitation 'District : . 1j • .Y i tf/04/cov2-251wp5. (s-1a--91/1) ~ . , I ; . STAT7 ' FLORIDA covNZ~ Or DADE On personallY appea before me 'I'OMAS RAMjRO RODRIGUEZ red CARLOS AGUIL,AR to me on the basis of satisfactor Personally known to me y evidence (OY Proved name(s) is/are subscribed to the withi.n and that instrumebt and ackn wled ehose that he/she/they executed the same in his/her/their g d to m~ by his/her/their authorized capacit signature(s) on the instrument the Y~ies), the entity upon behalf of which the person(s) or pers.on(s) acted, executed the instrument. WITNESS my han,d;,and off~,cial seal _ oF tc t, ~S~n~. S igna ture TOMAS R1~vfjgp gOpC u~z NOTARY PUBLIC ST'AT~ pF FLOI+~IDA COMMISSIOriT Nd. CC2'"7I9 MY COMMISSION EXP, FEB,1p,1gq7 (This area for official notarial seal) - STATE OF CALIFORNIA } ~ COUNTY OF San Die p ~ }ss. a } U On August '7 199~ before me Daxl.ene Ti he °1 personallv a ~ ppeared ,Ta ne Anderson V N E known Q to me on the basis of satisfactory evidence) to be the person(s) whose name(s) s/alre sub crito me (or proved N bed to the within m LL instrument and acknowledged 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 t ~ person(s) acted, executed the instrument. he rn P A~ r ir DARtENE r: TiGHE WITNESS m d and official seal. , ° Comm. # 959,53 ~ NOTAftY PUBLIC • CAUFaRMA Sig~ature ~ ' Q- San Cou~ry ~ <1FOr~a~ My Comm. E;piDiego res Mar. 11, 1996 d Darlene F, Ti.ghe - _ - ~ (This area for official notarial seal) STA7E OF CALIFORNIAan COUNTY OF S Diego C }ss. Q } ~ on August 10 1992 F personally appeared before me, DazJene F s TI he iNike Anderson C . N U ~ f ~ proved Q„ to me on the basis o satisfactory evidence) to be the ( ) whose name(s) is/are personally known to subscribed me to (or the within ~ instrument and acknowledged to me that he/she/they e ecuted the s and th a t by his/her/their signature(s) on the instrument the a e in his/her/their authorized capacity(ies), ~ person(s) acted, executed the instrument. Person(s) or the entit u ~ Y pon behalf of which the rn o w►rNESS nd and official seal. ~..E°~ER • y~ dAREENE F. jjGHE ~ Signature COMm• V 959953 ~ I Tn ~ o N07ARY PU6LIC • CAItFORNIA r uC.i Q, , San Diego Counry ~ co oa ~ MY Comm. Expires Mar.12, 1996 (This area for official notarial seal) ~ ~