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~~~
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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
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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) ,