1991-12361 (2)
P 1991-0012361 _
. o 0-JAH-1019E 0 8__7~ A N
" 1959
~AN DIEuO COJN?; REGORC£R` S 0F~ 14~
PNNc i 7k. EVANSq CO!!N?Y RECORDER
r
rtEJ° {±~;~t
Recordinq Requested by: ~ .
Cardiff Sanitation DiBtrfct ;
When Recorded, Mail to: ~ JAN 2 3~::Ys:
District Enqineer
Cardiff Sanitatfora District
527 Encinitas Boulevard ~ • r~
Encinitas; CA 92024
g,or the benef it of the District ~ OSPACE NLY ABOVE FOR RECORDERS' S USE
~
SEWE'R ~';.~SF.,KENT ~
Assessor's Parcel ProjeCt TM 4400
W.O. No. 90501
No. 7
64-~~1-18 Log No. -
BA_MRATT N4ERICAr4 INCORpORATED, a Delaware Cornoration
hereinafter desiqnate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do (ass) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein,designated
Grantee, r~ perpetual easement and riqht-of-way upon, through,
:,)ysr F~r-1 acr_r)ss th.e hereinaflter descra,bed real property for
the instal'la'tio», con.>truction, operatioYi, maiiitenzxnc--., 'epairr,
, replacement, ar►d reconstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures buildintl
thareto, together with the perpetual right to remove gs
structures, trees, bushes, underqrowth, flowerB, and any other
`obstructions interferinq with the use of said easement and right-
of-way by Grantee, its successors or assiqns and in addition
thereto, to remove soil and other materials within said rfght-of-
way and to use the same in such manner and at such lACations as
said Grantee may deem proper, nee8ful or necessary in the
oonstructinn, teconstruction and maintenance of Baid sewer lines
- or structures incidental thereto.
To 'have and to hold said easement and riqht-of wsy 'unto itself and
unto its successorB and assigns forever, together with tlze right
tf/my/cov2-116wp5 (9-27-89)
SCANNED
1960
• to'convey said easement, or any portion of said easement, to other
public agencies.
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 "8" attached hereto and made a part by :
hereof by this reference.
The Grantors.may, at their own risk, use the surface of the above
deacribed real propex°ty in a manner that w:ill anot interfere with or be detrimental to use of said easemen=t and right-of way.by. I
Grantee, its successors and assigns, provided nc-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 eonstructed 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 wi11 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. i
The Grantee hereby covenants and agrees for itself, its successors ~
and assi ns not to Pg revent the Grantors, y heir guccessors or
assigns, from crossin over said real propert and a rees that the
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
1i_x?~ by in anar excavation made hy it in the above described easement and right-of-way it will backf ill any such eaccavation aade
by it so as to fill said excavation as nearly as practieable to the
level of the surrounding ground, and wi:ll replace. any oiled,
asphalt or concrete surface with like material and will replace any
fence removed by it. I~: I
I
tf/02/COV2-116wp5 (11-13-89/1)
. ~ ~
. ' ` C3' s.~1961
EXHIBIT "A°
The Westerly 30.00 feet and the Northerly 30.00 feet of Farcel 1
of Parcel Map No. 6585, in the City of Encinitas, County of
San Diego, State of California, filed in the Office of the
County Recorder of San Diego County. :
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sm waat vra war
YNrow CAnwr. visea. Gwane : • . ~ ~
92083 P++a+. (919) M MIo Q VEnit ~ QT
~
_ 1963
' y - , . . . . .
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Executed thie ~ I day of
OWNER: BARRATT A,rERICAN INCORpORATED
. . . - . ' _ . By~ r .
. . . ~ . . ~ .
Br3an . Angelini
Senior Vice-President
= i
~Sic~nature of UWNE~t must be ncatarized. Attach the aFpropriate
~ ackriowledgement. j
t
,
A. STATE OF CALIFORNIA J
COUNTY OF_3[01 T ['n 1ss
m
on DECEMBER 31 1 p ~
C,j
said State, personallv appeared , before me, the undersigned, a Notary Public in and for
BRIAN J. ANGELI
and
a ~ basis of satisfacto , personally known to me
. 6 a
" E ry evidence) to be the persons who executed the within instrument a (or proved to me on the
S- E~ VICE p
s
resident and B Secretary, on behalf of
•N U .
Q ro the :corporation therein named, '
and acknowledged to me that
U c suchcorporationexecutedthewithininstrumentpursuanttoits SE'LO` I
_ , . .
PA7RICIOFFICIAL SEAL
I by-laws or a resolution of its board of directors. A L.
BEVIL nveyed by
N x~w Notary pub~~C_California
, ~ WITNESS my hand and official seal. r+ SAN DIEGO COUNTY ISTRI 3
y accepted
o .
° ( MY Comm. Exp. Mar. 31; iss2 ferrec~ by
Signature - `
PATRICIA nd Grantee
, L• BEVIL (This area for official notarial seal) a Of f 1CEr .
Dated:
WARREN.H. SHAFER, District Manager
Cardiff Sanitation District
tf/mY/C0v2-1Y6Wp5 (9-2 r-89)
. . . S . . .
1964 ~
SUBORDINATION AGREEMENT
Whereas, those parties concerned desire to have the Deed of Trust
recorded 12-3I-10 as file/page No.'jo- Cd12,S8'S subordinated
to Easement for Public Sewers Required as Condition of Approval of
TM 4400 ("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.
Beneficiarv
Barry E. Rothenberg and
Dated Wendy W.H. Shih,
Husband and Wife as Joint Tenants
By : Barry ~)'Rothenberg - BY. '
Wendy W. H. Shih
- - _ I_
T STATE OF CALIFORNIA )ss.
(A a COUNTY OF Sa:= Dleao 1
E D@C2IClb@Y' 27 , 1990 before me, the undersigned, a Notary Public in and for
U On
, Barry E. Rothenberg and Wendy W.H. Shih--
, said State, personally appeare
F= '
c
m
U
. . . . . . .
E
Q
~ parseaa+ly°lenevwn-tv"tfie (or provedlo me on the basis of satis
LL
~ factory evidence) to be the person(s) whose name(s) is/are sub- ~
~ O rlii:l. ~EA1
scribed to the within instrumentand acknowledged to me that \
> ~ Patricia 1VI Er kson
N
~ he/she/they~-e5Cdcu3e1d the same.
N ~f' -~CiPA~ « CF ,CE W
° WITNE~fBS my hand and o fi ial seaL D!E -~v CGUIV7Y
My Comrnission Expires Ociober 12, 7991
. O ~ ° , . ~ ~'v.v"'.•~-rr"'V"`v".'~_'v'-.~'~ . . : , •
o (This area for official notarial seal) '
co SignaL
,
1965
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 Cardif f
Sanitation District consents to the making of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer. :
Date By Wo".--
WARREN H. SHAFER, District Manager
Cardiff Sanitation District