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1990-362285 (2) 2 1 283 ~ ~AUG - .:i..` . ~ : . . . . . . . , t t, i, . . . . 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 c ~s } COUNTY OF s.~/9~1 /sKJ C? n SS. ~ ° on, ~ before me, the undersigned, a Notary Public in and for said State, personally appeared -2~J q ^o W ~ W~ = 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. a I ' 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 : ■ a ~ COUNTY OF SS. ' • ' 0 ~ On 0 before me, the undersigned, a Notary Public in and for said - r F State, personally appeared / G el" __._..,._._._.m.,~ rZ _T.~m-~u~._. ~g.___,..~,,_._.;_,~-------•.-~ _ : W -r - - - - ~ •-r---_.°-~°' W ""`°-•------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 ~Q 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. O ~ ;a .r 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 ~1 r 9 , ~.,~f v~ z/ . . . J ~ ` . . . . . ~ - ~ . C - . . . ~ . . . . . . . . . ~ ~ ~ . ~r~-!.S!!~ . . . . . . . . . A ~ Y ~ St) \ ^ ^ ss O I ~ - Q \0~ ' ~ EASEMENT l/NE Z , DA lf? TAB L E : , NO. 110? BEAP/NG L ENGTH )i'90/U5 ' - 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 ~ • ~ , _ : . ..,.r, . .~.,_,...,....~.,:v ~ a t..,. .~z . , . s.,.. _ 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. ~ ~ 4 ~ i. Notary's Signature 7110 122 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7194 • Canoga Park, CA 97304-7104