1990-362285 (2)
2 1 283 ~ ~AUG -
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Recording Requested byl:
Cardiff Sanitation District ) V Ei~l~~ ~ l~~~LE: A
When Recorded, Mail to:
District Engineer ) -
Cardiff Sanitation District ) - .
527 Encinitas Boulevard ) NO FEE
Encinitas, CA 92024 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project TPM 89-084
No. 260-083-52 W.O. No. 9460N
Log No. ¢44
DONFiZD A. COUNTRYMAN, JACK W. GROSWITH, MICHEL HEGEDUS,
and HERB LOWE
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do W) 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, constructa.on, operation, maintenance, repair,
replacement, and reccsnstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right to remove buildings,
structures, trees,, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
of-way by Grantee, its successors oz assigns and in addition
thereto, to remove soil and other materi~als 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
tf/my/cov2-116wp5 (9-27-89)
SCANNED.
~ -12 8 4 c _
to convey said easement, or any portion of said easement, to other
public agencies.
The real property referred ta 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 "B" attached 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.
The Grantors hereby covenant and agree for themselves, their heirs,
successors and assigns, that there shall not be constructed 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 will 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. -
The Grantee hereby covenants and agrees for itself, its successors
and assigns, not to prevent the Grantors, their successors or
assigns, from crossing 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
line by in any excavation made by it in the above described
easement and right-of-way it will backfill any such excavation made
by it so as to f ill 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 and will replace any
fence removed by it. tf/02/cov2-116wp5 (11-13-89/1)
. : ( 1285
Executed this 7 day of J <.L'kl 19
OWNER: OWNER:
By
By:
ichel Zedus Z/1 d A.. o ryman
~ By : By'
e`Lowe Jack W. G swith
[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
consents to the recordation thereof by its duly authorized officer.
Dated• j`t au ,
, Ry' ~
WARREN H. SHAFER, District
. Manager, Cardiff Sanitation
, District
tf/my/cov2-116wp5 (9-27-89)
(General) 1286
STATE OF CALIFORNIA
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COUNTY OF s.~/9~1 /sKJ C? n SS.
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~ before me, the undersigned, a Notary Public in and for said
State, personally appeared -2~J
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= onally known to me (or proved to me on the basis of satisfactory evidence)
W
pq a to be the person whose name subscribed
PO~ to the within instrument and acknowledged that h'e-
y N
'Q executed the same.
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WITNESS my • d and official seal.
OFrICIAL SEAL
PAULA I. ROSE
o ~
ra+ Signature NOTARY PU6LIC ~ GALIFORNIA
f". I SAN QIEGO COUNTv
My Comm. Expires July 16, 1991
Name (Typed or Printed)
OFC-2056
(This area (or otficial noiarial seap .
(individual) ~ • • ,
STATE OF CALIFORNIA : ■
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COUNTY OF SS. ' • '
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~ On 0 before me, the undersigned, a Notary Public in and for said
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F State, personally appeared / G el" __._..,._._._.m.,~
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""`°-•------rsonally known to me (or proved to me on the basis of satisfactory evidence)
W
0. a to be the person whose name ~ subscribed
_P to the within instrument and acknowledged that
N
'a executed the same.
WITNE hand and official seal.
0
Signature
4
~ Name (Typed or Printed)
, FSD-067 crni: area ror erraai notafisi seap
STATE OF CALIFORNIA ~ SS.
COUNTY OF 51~.m nrErn 'SE""
On YTNF 070 1990 , before me, the under-
~
a si ned Notary Public, personally appeared
~ ,A, C(1UWXYMAN ANY7
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UFI {riV.L &=4L
c .TA(',tc ~TGRf~S~"1'~ A~~li-iLEEN J f4R1
z iTAGE
iJGfAttl' PU[3LIi C;ALIFORNIa
~ (personal ly known to me) or (proved to me on the basis of satisfactory P~INaPAL0rFicE iN
Z 5Aid CIEC0 OUNTY
W
~ evidence) to be the person S whose name axe °a~,,cP•y'° ' My Cornmissfon Ex~;. ~ctober 23, 1942
v s~L~scribed to the within instrument and acknowledged that
3 ney executed the same.
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SIGNATURE FIOME FEDERAL
SAV-193 (7/87)
~1 287 '
EXHIBIT I'All
That portion of Lot 17 of RIDGEWAY HEIGHTS, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 2163, filed in the Office of the County Recorder
of San Diego County, July 3, 1929, described as follows:
Commencing at the Northeast corner of said Lot 17; thence South
11°23'34" East, 81.96 feet along the Easterly line of said Lot 17
to the TRUE POINT OF BEGINNTNG of the herein described easement;
thence South 78°36126" West, 68.71 feet to the beginning of a
tangent, 17.00 foot radius curve, concave Northeasterly, a radial
bearing to said point bears South 11°23'34" East; thence Westerly
along the arc of said curve, a distance of 11.55 feet, through a
central angle of 38°56'33", to the beginning of a reversing, 28.00
foot radius curve, concave Easterly, a radial bearing to said point
bears North 27°32'59" East; thence along the arc of said curve, a
distance of 126.03 feet, through a central angle of 257°53106" to
the beginning of a reversing, 17.00 foot radius curve, concave
southeasterly, a radial bearing to said point bears North 50°20'07"
West; thence along the are of said curve, a distance of 11.55 feet,
through a central angle of 38°56'33; thence tangent to said curve,
North 78°36'26" East, 68.71 feet; thence North 11°23'34" West,
36.00 feet, the the TRUE POINT OF BEGINNING.
ML1176
PT. OF CDMMENCEMENF
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EASEMENT l/NE
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, DA lf? TAB L E :
, NO. 110? BEAP/NG L ENGTH )i'90/U5
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S 76 °36'26 "A/ 6B. 71
2 a=38~56'33" /f.SS' 17.00
3. Q= 257 0 53'06•, 126. 03' P8. 00 .
~ a= 38 °56' 33" f!. SS' I 7. 00"
S 78 036' 26"!✓ 68. 7>' -
6 S /f ° 23'34" S
REVISION BY PPROVED DATE CITY OF, ENCINITAS ExHIsI-r
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_ 12p9
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 01-18-90 as file/page No. 90-031218 subordinated to
Easement For Public Sewers Required As Condition of Approval Of
TPM 89-084 ("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 o Trust in favor of said
DOCUMENT to the same extent as if s id ENT had been executed
prior to said Deed of Tr .
~
~
DATED BEN ICI TRUSTEE
By:
Title:
Signature of BENEFTCIARY 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 March 20, 1979 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 By
WAR.REN H. SHAFER, District Manager
Cardiff Sanitation District
TF/04/COV1-140WP5 (3-21-90)
GENERAL ACKNOWLEDGMENT P: 1290 No. zoi :
.,r.ryL~9 On this the -9:0- day of 1970, before me,
State of
SS.
County of
the undersigned Notary Public, personally appeared
` )0VN QA
❑ personally known to me
OFFICT.AT.SF.AL e to me on the basis of satisfactory evidence
MRGG6E (~BICNAKER .U' ~ S subscribed to the
NoraAVausuc.caurair~ti -to be the person(~ whose name(s~)
~ LOS ANGELES COUNIY
,o y NyComm.ExDirasMm.27,1994 within instrument, and acknowledged that executed it.
WITNESS my hand and official seal.
~
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Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7194 • Canoga Park, CA 97304-7104