1993-563280 (2)
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, OFFICI~;j~.y~f~` ~;EL3~~t~DS
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Rec.ording Reque sted by: . yJ.4 A) t~3li jTE r/~ 1.?i~NT'4731 j'L.i:tR.
- } .rE
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Cardiff Sanitation District )
)
When Recorded, Mail to: )
District Engineer ~
Cardiff Sanitation District )
527 Encinitas Boulevard
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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
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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
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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,
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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.
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ANOER90N-4
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' 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 :
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tf/04/cov2-251wp5. (s-1a--91/1)
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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
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E
known
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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.
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~ on August 10 1992
F personally appeared before me, DazJene F s TI he
iNike Anderson
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.
N
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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) ~
~