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1991-470299 (2) e s r ' t L) u ~ ~ 4 ~ 7(~a71 1 13-_SEP".... 1991 : 08 ~26 A I; rlr•~t~ n- „f3 . ' - . • r r• L! rlL •r•:~ Cf S eL P( COW1TY r;ECORDER";; GfFilu : • r. i Te : 11, Y RECOi?Eli' qg ,q1 : Recording.Requested by:. ' cE:Jn } ~I: • Cardiff Sanitation District When Recorded, Mail to: • ~ District Engineer Cardiff Sanitation District ~ 527 Eneznitas Boulevard Encinitas,:CA 92024 ~ Far the benefit of the Dis rict SPAC E ABOVE FOR RECORDERS' S USE ONLY ~i~+►~ . ~ SEWFR EASEMENT ASSessor's Parcel ' Project TM 90-073 No. 265-026-14 , • W : 0. No . ~ k035 ;T ~ Log No . Bumann Ridge, Inc., a California Corporata.ori hereinafter designate Grantor owner, of the . hereinafter . described lands, for a valuable eonsideration, do(es) 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 struc•tures incidental thereto, together with the perpetua1 right to remove buildirigs, structures, trees, bushes, undergrowth, flowers, and any other obstruCCtions interfering•with the use of said easement and right- of-way by Grant:ee., its successors or ass.igns 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 Qr necessary in the construction, reconstruction and maintenance.of said .~.pwez- lines ~ or structures incidental thereto. - . . To have and to hold 5aid easement and right-of way unto itself anci unto its successors and assigns forever, tagether with the right tf/my/cov2-116wp5 (9-27-89) - . . . ~ ~ - . . 792 to convey said easement, or any portion of said ea5ement, 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 follaws: See Exhibit "A" attached hereto and made`a part.by hezeof 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 Grantbrs hereby covenant and agree for themselves, their heirs, successors and assigns, that* there shall' nat."be `constructed or maintained upori the.abave 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 a.ngress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors'. andassi,gns, not to prevent the Grantors, their successors or assigns, from crassing 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 1'ine by in ariy excavati.on made by ' it 'in '-the above described easement and right-of -way it Cail1 backfi].1 any such excavation made by it so as to f i11 said excavation as nearly as practicable to the level of the surrounding ground, and wil], replace any oiled, asphalt or -concrete surface with like material and 'will' replace. any . f ence r'emov,ed - by it. tf/my/cou2-116wp5 (9-27-89) . 793 Executed this ~ day of 19 . ' OWNER : Bumann Ri.dg, In,c.a California By; 0 • Bruce D. W' gand, Presi dent . . . • By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement:] This is to certify that the intere5t in real property conveyed by the foregoing deed or grant t;o the CARDIFF SANITATSON DISTRICT a political corporation and/or governmental agency is hereby acaepted on...,.behalf of its Board, pursuant to authority cdnferred by Resolution of said Board adopted on March 20, 1979, and Grantee consents to- the recordation thereof by i.ts duly authorized officer. . Dated; an~-- • w~l/r.PF'N ~r~~~'E.E' ~ D/JT.P✓cT /yl~1`~v~G~f'.2 . tf/my/cov2-11-6wp5 (9-27-89) 794 ~ STATE 0F CALIFORNIA ) COUNTY OF .Sa~! /0 ) SS ON it{ `l `e BFF'QRE MF, THE UNDERSIGNED, A NOTARY YUI3LIC TN AND FOR SAID STATE, , PERSONALLY APPEARED BRUCE D. WIFGAND (-cBn"S4,".;AfrL-Y- - PRUVED 'I'n ME ON .'PI-iF BAS 2 S OF SATI SFACTORY EVI DCNCE ) TO BE 7."HE PRFS I DENT AND ~ - (PERSONALLY KNOWN TO ME)(PROVED TO ME dN THE HASIS OF SATISFACTORY EVI DENCE ) TO BE THE SECRE'PAFtY OF BUMANN RTDGE, INC. '1'HE CORPOCZATTON THA'1' EXECIJTED 7.'fiE WT'!'HTN 1NSTRUMENT, (pERSONALLY KNOWN 'PO ME) (PFtOVED TO ME. ON THE BAS I S OF SATI SFACTORY EVI nENCE ) 7.'0 BE TI-IE PFRSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE LORC?ORATION HEE2EIN NAMEp, AND ACKNOWLFDGED TO ME THAT StJCH CORPORATION EXECUTED THE WITHIN TNS`I'RUMENT PURSUANT TO IT5 BY--LAWS OR A RESOLUTION 0F ITS BOARD OF DIftECmORS. : WITNESS MY HAND AND OFFICIAL SEAL. ~t&za~-~ NOTARY SI GNATUR NAME PRINCIPAL PI,ACE :OF BUSINES,S; ; L S0XG1PIG MY C.OMMI'SSION EXPIRES OFFi~IAL SEAL ~ ALLISCI(V J[7RDA{U r ~ NoCaiy Puhhc - CaliforniB ~`$.o SAN DIEGO COUNIY ' My Corcim. Exp. Mar. 5, 1993 795 SHEET 1 OF 3 SHEETS. E X H I B:C T n An I'~EGAL DESCRIPTION SEWER EASEMENT THAT POFtT I UIV Or' PARCEL 1 OF PARCET., MAP N0 . 15333 I N THE CI TY OF ENCTNITAS, C",OUNTY OF SAN DIEGO, STATE OF CAL,IFQl2NIA, RECORDED AUGUST 5, 1988 I N THE OL'FI CE QF' TI-CE COUNTY RECORDER OF SAI D COUNTY DESCRIBED AS I'OLLOWS: BEGINNIIVG AT TFiHJ NOR'THWES'P COFtNE;It OI' SAZD PARCFL 1$EING A POINT bN THE CENTEEtLINF OF 7TH STRFE'I' AS VArATED BY AGTION OF THE BOARD OF "aUPERVYSORS ON MARC,H 4, 1915 PPFt VOL'[JME 36, PAGE 12.3 OF RECtaRDS; THENCE S 73'21117" E 384.31 FEET; THENCE S 15'07121" W 155.11 FEF`1'; T}iENCE N 73 °?.l' 17" W 20.00 FEET; THENCE S 15' 07' 21° W 407.30 FEET TO THE BEGTNNING OF ACURVE CONCAVE TO THE NORTHEAST HAVING A E2ADIU8 QF 20.00 FEET; THENCE SOUTHEASTERLY 30.83 FEET ALONG SAID CUEtVE THROUGH A CENTRAL ANGLE OF 88'18121"; : THENCE S 73'11100" E 96.1$ FEET Td THE BFGINNING OF A CURVE CONCAVE TD THE NORTH HAVING A RAbIUS OF 20.00 FEET; THENCE NORTHEASTERLY 18.84 FEET ALqNG SAID CURVE THRQUGH A CENTRAL ANGLE AF 53'58105" TO THE }3EGINNING OF A REVERSE CURVE GONCAVE TO THE SOUTH HAVZNG ARADIUS OF 48.00 FEEm; A RADIAL LINE THROUGH aAID BEGINHING OF REVERSE CURVE BEARS N 37°09'05" W; THENCE EASTERLY 61.82 FEET ALONG SAID CURVE 'PHROUGFi A CENTRAL ANGLF OF 73'47139"; THENCE dN A NON-TANGENT LINE N 61°16102" E 122.01 FEET; THENCE N 15'07118" E 77.24 FEET TO A P02NT ON THE NORTHERLY LINE DF SATD PARCFL 1 SAID POIN'I' BEING N 73' 21' 17" W 196.49 FEET FROM THE N.ORTHEAS"P CORNEF2 OF SAID PARCEL 1; THENCE ALQNG SAI.D NORTHERLY LINE S 73'21117" E 20.01 FEET;' THENCE LEAVLNG SAID LINE S 15' 07' l8" W 90.54 FEE'T; THENCE N 73 ° 21' 17" W15.01 FEET; THFNCE S 61'16102" W 105.36 FEET TO A PO]:NT ON A NON-TANGENT CURVE CONCAVE WFSTFRLY HAVTNC 11 RADIUS OL' 48.00 r'EET, A RADIAL LINE T0 SAID POINT BEARS N 61'1G102" E; THFNCE SO.UTHERLY 73.99 FEET ALONG SAID CURVE TFIROUGH A CENTRAL ANGI.,E OF 88' 19' Q3"; THENCE ON A NON- TANGEN7.' LINE S 30' 24' S5" E 117.19 FEET; THE[JCE S 15' 10' 12" W 92.87 FEET 'I'0 TI-lE SOU'I'HPnLY L,INE OF SAZD PARCEL .1; THENCE ALONG SAID SOUTHERLY LTNE, N 73'11100" W, 15.01 I'EET; 'I'HENCE N 15' 10' 12" E, 79 . 13 FEET, 'I'HENCE N 30,' 2.4' 55" W 120.15 FEET TO A PQINT ON A NON-TANGERT CURVE CONCIIVE TO THE NORTH HAVING A RADIUS OF 98.00 FEET A RADIAL LINE TO SAID POINT BEARS S 5'97'Z'1" E; THENCE WESTEE2LY 64.15 FEET ALONG SA]:D CUnVE THROUGH A CENTRAL ANGI,E UF 76 ° 34' 33" 7.'0 THE BEGINNING OF A REVERBE GIIRVE CONCAVE Tp THE SOUTHWES'P HAVING A RADIUS OF 10.00 FEEm, ARADIAL LINE T}IR4UGH SATD DEGINNING 0F RE;VERSF • CURVE BEARS S 'IO' 47' 05'1 W; TI-iENCE WESfCERLY 18.84 FEET ATaONG SAI D CURVE THRQUGH A_CENTRAL ANGLE QF 53 ° af1' 05"; T}iENCE PE 339_ 5/7/91 796 SHEET 2 OF 3 SHEETS L,EGAL DESCEtIPTION SEWER EASEMENT (CONTINUED) N 73'11100" •W 103.$1 r'EET TO THE BEGINNING QF A CURVE CONCAVE TO THE SOUTHEAST HAVTNG A RADLUS OF 20.00 FEET; THENCE SOUTHWESTERLY _ 32.01 FEET ALONG SAI17 CURVE THROUGH A CENTRAL ANGLE OF 91'41139"; THENCE S 15'07121" W 169.48 FEET TO A POINT 0N THE aOUTHERLY LINE OF SAID PARCEL 1; 'PHENCE ALONG `THE BOUNDARY'OF SAID PARCEL 1 N 73'11100" W 30.01 FEET; THENCE N 15'07121" E 746.78 FEET; THENCE N 73' 21' 17" W 324 ;.2'7 FEET 'I'C? THE WESTERLX LINE OF SATn PARCEL THENCE N 15'06114" E 60.02 FEET TO THE-POINT AF BEGINNING. A. p~~~ ~ .„~a /~~~~(~tA r,•y I ~ Nd.~~p 7'~ `f,~ `M1 31 ~ f~ ~ v`~~p3,,~' : ~ ~ ~ PE 339 5/7/91 ~ SHEET 3 OF 3 SEVVER EASEM ENT PLAT 7,97 - , , _ RUB• ,573°2/`!7"E 384.31' . ~ 7TH /STREET (VACATED) (,PRIVATE STREET) N S73°21'17"d 324.27' lriN _ ~ ~ . . . . . . ~ / ~ . , . N lA/D/CATES SEWelZ ~SCME~tIT C-,2A,UTEp i ~ o~ TO C4/2D1~F SlJ41/T4T/OAJ U/STIZ/CT % 41730,21'17"W . . 1- . . . /r~ , . U) 20.00'.. . . \ . ' , . , .L/ . . . , . W . • . . Lli ~ . . . O . Z O /u) Ljj Q ~ ' o 0 , :.Q . . ~ N.. r .0- LA 1- . w Z. / lU , • ~ r~_ _ `r , WN r,~ ..~~~E~i;~.: l S~ r k,,4 (Y i:~ J ~ ~ r ~ j N ~ 3 - (n pti% Z? Q ~=20.OQ; g~~~ ~L~ ~ ~ = 30 83 . 'o ~ ' 96.18_ (U) ~ 4i 0. ~ ' u73°ri'oo"w ~ 753:er ~ ootv ~QN~ 3 p~ ~ . . . . . ~ . . Qa91VI'390'. . . i.. ~j . I~I • ~ . . a zo.oo ~ > 14I ~ 6 .oov $ S~Q~ 4 ~~U ~p oh0 ~J WN ~ N ~ ti~s°io'~2'E • N p 79.13 PASCO ENGINEERING (619) 259-6212 A/73011'00"W - 30.01' 535 NO. HIGHWAY 101 ~7 `~~~~~r'W : . . . ~ ~ SUITE A 15.0I1 SOL.ANA BEACM, CA 92075 PE 339 798 SUBORDINATION AGREEMENT Whereas, those partiss concerned, desire to have thP Deed of Trust recorded 6..30-85 as file/page No. 86-267792 subordinated to Easement Far Public Sswers ("DOCUMENT" hereinafter) Required As Candition of Appxoval Of TM 90-073 % Naw, therefore, for val.uable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICI,ARY 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. " / l DATED d BENEFICI RY . . gy; Eric J. Hall . T itle: Director, Administrative Svcs. 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 MARQ-j ZO, M79 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 _q ~ By ~CL~ 4-~ WARREN H. SHAFER, Dist 'ct Manager Cardiff Sanitation District tf/04/COV2-251wp5 (3-1$-91/1) . . , 799 .SAwnt,~ - /I ~o-r> 73 C.~ . Dieguito 710 Encinitas Blvd. Encinitas, CA 92024-3357 Union High School Uistrict 619i753-6491 ACKNOWLEDGMENT EXECUTED BY A PUBLIC AGENCY CIVIL CODE SECTION 1191 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO ON THIS l~ DAY OF 1991, BEFORE ME, JOANN M. SCHULTZ, NOTARY PUBLIC, PERSONALLY APPEARED ERIC J. HALL, PERSONALLY KNOWN TO ME T0 BE THE PERSON WHO - EXECUTED THIS INSTRUMENT AS THE DIRECTOR, ADMINISTRATIVE SERVICES, OF THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, AND ACKNOWLEDGED TO ME THA7 THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT EXECUTED IT. q1_z11~CAU*' L.S. M COMMISSI N EXPIRES: 01_94 OFFtIACI~.~AL/S~LE1~~f'~~~~~1~L . . . : . . . ,~QYvi V~I V M. .7LYq~ I 6 . . ~ m NOTARY PU6LIG • CALIFOC1NIA ~ • SAN DiEGO COUNTY MY comm. expires 1AN 1, 1984 Dieaueno IF-I • F.arl Warren JH • Oal< Crest Ihl • North Coast Alternative HS San Diec;uito I-IS • San niec;uito Adult Fciucation • Sunset HS • Torrey f'ines HS 800 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 12-21-89 as file/page Na. 89-691005 subordinated to Easement Fox Public Sewers ("DOCUMENT" hereinafter) Required As Condition ot Approval Of Tr1 90-073 ; Now, therefore, for valuable consideration, the xeceipt of which is hereby aeknowledged; the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority af said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to sai.d Deed of Trust. DATED BEN FICIARY By:George Bumanri,Rosemar~z R>>mann 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 autYiority conferred by Resolution of said Board adopted on MpRCJ) 2(7~ 09'7q 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 $Y ~ WARREN H. SHAFER, D. rict Manager Cardiff Sanitation District tf/04/cov2-251wp5 (3-18-91/1) 801 State of Caiifornia Ciaunty o f San [7 i eqo _ On ~hefore me,`JC~~ht., ~ ~~.._1`._•_..~Li!___I~,~GY-- ~ psrsonaI I y aFa pe a r ed A[0 _RaS_f_4419 jg_/3 A A!l~4 61 !~.l.......... persona I I y knrawn ta me (or prover~ ~to me on tfie bas i s af sat i sfiactory ev i dence) to he the person (s) wf-iose name (5) i-&-pt-are subarr i bed tU trie wi th i n i nstrumer7t and arknowl edged ta me that E,P/ch-~rthe y execijted the same in h-~i~ /their authqrizeci capac i ty.( ies) ,and that by h•i-R-44e-~/Yhe i r s i gnaturn:(s) on t.he •il-istrument thP IDtrcun(s); or the entity upon behalfi of which the persan (s) acted, exe~cu ted the i nstrument . W I'TNE55 my hand and of f i c i a l seaY. 5 i g'natur•e---- (5ea I ) OFFICIAL 5EA[. JANIfE K. SWENSON NOTARY PUBLIC • CALIfORNW . SAN pIEGO COUNTY hiy Comm. Expires May 6,1994 802 . SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 1-31-90 as file/page No. 90-054641 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As: Condition of Approval Of TNt 90-073 ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priarity of said Deed of Trust in favor of sai:d DQCUMENT to the same exten.t as ' said DOCUMENT had been executed prior to said Deed of Trust. r ~ August 13, 1991 ~ DATED B ARY O TRU EE By.: David Yo er Title: Vice President Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. . (Corporation) 803 aiff ~ I STATE OF CALIFORNIA t 1 OI7 San Diego ~ ss. diff o, I COUNTY QF I ) , g 0 V On PiU US't 13 1991 before me, the undersigned, a Notary Public in and for said O1tS s~ State, personally appeared David Yo er , personally known to me (or proved to me on the basis oF satisfactory evidence) to be the Ul C e President, X& , ~ ~ wXNXXtXXXN}6X of the corporation that executed the withi❑ Instrument, r~y = known' to me to be the persons who executed the within T w Instrument on behalf of the corporation therein named, and ager pa a acknoudedged to me that such corporation executed the within instMif;; nt pursuant to its by-laws or a resolution of its Uoard y ul of directors. WITNESS my hand and official seaL e OFFICIAL 3[AL Joi`il`~ pp,! O~ -o~~oiW~~~L . . ~ Signature ~ NOTAf2Y PUBLIC - CALIFORNIA I pRINCIPAL pFFICE 1N ~ a.11 Donne 11 ~ SAN pIEGO COUNTV My Commission Exp. October 2, 1992 F_ ' Name (Typed or Printed) ' OFG2058 tf/04/cov2-251wp5 (3-18-91/1) ,