1990-611710 (2) ,
M~ 1990~06,11710 ' 17 3 7 SAN DIElti1 COUN?Y RECQRDER'S OFCICE
- VERA L. LYLC s COUHTY REr.ORDER
Recording Requested by: ) FEES` 0°00
Cardiff-Sanitation District ) HA
)
When Recorded, Mai'l to: )
District Engineer )
Cardiff 5anitation District )
527 Encinitas Boulevard )
Encinitas, CA 92024 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
- ONLY
- SEWER EASEMLNT
Assessor's Parcel Project Tract 88-209
Noe 264-152°07 W.O. No. 9594-1
Log No. 457
Michael A. Dalen, a married man as his sole and seperate
propeity and Gunter Enz, a married man as his sole and
se erate roperty, as ~oint tenants.
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a vaiuable consideration, do(es) hereby GRANT.
and CONVEY ta the Carcliff Sanitation District herein designatEd
Grantee, a perpetual easement and right-ot-way upon, through,
under, over and across the hereinafter described real property for
the instaTlation, construction, operation, maintenance, repair,
replacement, and reconstruction 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 or assigns 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 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,
1738 -
to convey said easement, or any portion of su.,~d 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 Sari 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 referencee
The Grantors may, at their own risk, use the surface of the above
described real property i_n 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 lase of the siirface of said real property herein
described, subj ect 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 fill 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)
~~.1739
Executed this day of 19 Pe e
-
OWNER:
By :
° M'ch 1 A. Da en
sy : ~ Gu er Enz
[Signature of OWNER must be notarized. Attach the appropria'r_e
acknowledgenlent.
CAT. ""°0627
TO 1944 CA (9-84) i «TICOR TITIE IIoISURANCE I
yrry~~ ~
(Individual)
STATE.OF CALIFORNIA ~ SS.
COUNTY OF San Diecfo -
On 27 Jul 1990 before me, the undersigned, a Notary Public in and for
E11
said State, personally appeared M1Chae1 A. Dalen and. Gunter Z XXxXXXXXXXX
LllI XXIIXXXAX 1111XX11 X11 XXXL1XA111tiXXXX1lXX X X 1111XL111XX XXX XX1111 XXX XX1111XXX
XX X
3; I `rXXXXXXXXXXXXX , personally known to me or
d, proved to me on the basis of satisfactory evidence to be d by
a; the person-a whose names__V_Q_~ subscribed to the OFFICIAL SEAL
within instrument and acknowledged that he exe- f.7EBflRAH L. WYK-E'S CT a
cuted the same. ¢ r~ m fJOTARY PUBLIC - C,4LIFORNIA P't2C~
•SAN DtEGO COU'NTY b17
WITNESS my hand and official seal. My com.. explres APR 22, 1 1 ri.tee
j
cer.
Signature
(This area for official notarial seal)
.....cu. l l~ ~~Z J $
WARREN SHAFER,Distric Manager
Cardiff Sanitation District
tf/mY/cov2-116wp5 (9-27-89)
1 74
EXHIBIT "A"
LEGAL DESCRIPTION: SEWER EASEMENT - TM 88-209
That Portion of Lot 18 of the Subdivision of the RANCHO LAS
ENCINITAS, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 848, filed on the office
of the County Recorder of San Diego County, June 27, 1898, as
described in Grant deed to Michael A. Dalen and Gunter Enz,
recorded August 3, 1989, F/P No. 89-468074, O.R., the sewer
_ easement more particulary described as follows:
Commencing'at the intersection of the centerline of 12th street, if
extended, with the centerline of. "J" Street, as said streets ar_e
shown :on the Map of the Colony Olivenhain, in the City of
Encinitas, County of San Diego, State of California, accarding to
Map thereof r1o. 326, filed in the office of the County Recorder of
San Diego County, July 8, 1885; thence North 15°11',05" East along
the centerline of "J" Street being the Easterly line of the
aforementioned property, 742.38 feet to the Northeast corner of the
aforementioned property; thence North 72°56'35" West along the
Northerly line of the aformentioned property 153.56 feet; thence
South 16°35149" West, 141.07 feet to the beginning of a tangent,
20.00 foot radius curve, concave Northwesterly, and the TRUE POINT
OF BEGINNING; thence Southwesterly along the arc of said curve
through a central angle of 85°13'11", a distance of 29.75 feet to
the beginning of a 220.00 foot radius reverse curve, concave
Southerly; thence Westerly along the arc of said reverse curve
through a central angle at 48°53'11", a distance of 187.71 feet;
thence tangent to said reverse curve South 52°55'49" West, 140.00
feet to the beginning of a tangent, 220.00 foot radius curve,
concave Southeasterly; thence Southwesterly along the arc of said
curve through a central angle of 35°24'22", a distance of 135.95
feet to the beginning of a 20.00 foot radius reverse curve, concave
Northweste:rly;-thence Southwesterly a1Qng thE arc of said reirerse
curve through a central angle of 45°04'10", a distance of 15.73
feet to the beginning of a 44.00 foot radius reverse curve, concave
Northwesterly; thence Southwesterly, Southeasterly, and
Northwesterly along the arc of said reverse curve through a central
angle of 281°54'07", a distance of 216.49 feet to the beginning of
a 20.00 foot radius reverse curve, concave Easterly; thence
Northerly along the arc of said reverse curve through a central
angle of 59°47'35", a distance of 20.87 feet to the beginning of a
180.00 foot radius compound curve, concave Southeasterly; thence
Northeasterly along the arc of said compound curve through a
central angle of 32°26'45", a distance of 101.93 feet; thence
tangent to said compound curve North 52°55'49" East, 140.00 feet to
the beginning of a tangent 180.00 foot radius curve, concave
Southerly; thence Easterly along the arc of said curve through a
central angle of 46°29'09", a distance of 146.04 feet to the
beginning of a 20:00 foot radius compound curve, concave
Southwesterly; t,hence SoutheasterTy along the arc of said compound
curve throuyh a c;enL-ral angle of 97' 10' 51", a distance of 33 . 92
feet to a point of cusp; thence North 16°35'49" East, 80.42 feet to
the TRUE POINT OF BEGINNING.
~
EXHIBIT 'B' $7 42 .
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,
1743
SUBORDINATION AGREEMENT .
Whereas, those parties cortcerned, desire to have the Deed of Trust
r-ecorded 11/22/1989 as file/page.No. 89-636849 subordinated to
Easement For Public Sewers Required As Condition of Approval Of
Tract 88-209 ("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.
August l, 1990 BANICSHARES SERVICE CORPORATION
DATED BENEFICIARY OR TRUSTEE
By ;
Richard F. Reeves
Title: Senior Vice President
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropri.ate acknowledgement.
. . . . . . -i...~~ ~.rr. , .
CORPORATE AGKNOWLEDGMENT ' 1744 No. 202
State of ~ Y6'I/9 On this the ~ day of ~ 19-0&), before me,
SS. ~
County of 6~*ev~ seW6)
,
the undersigned Notary Public, personally appeared
ee_,~(e
ersonally known to me
OFFtC1AL SEAL ❑ proved to me on the basis of satisfactor evidence
ESTRELLA STA MARIA ZARENQ Y
Hotary Public-Calrtomla to be the person(s) ho execu ed the within instrument as
L = saw oiEco couNnr
or on behalf of the corporation therein
My Cor"'"• Ex+• May 13.1991. named, and acknowledged to me that the corporation executed it.
WITNES d o' ial se L
~
N r ture
ATTEPITION NOTARY: Although the information request below is OPTIONAL, it could prevent fraudulent attachment of this certiTicate to another document. .
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pa es
TO THE DOCUMENT g Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
,Z~20 ~zz NATIONAL NOTARYASSOCIATION:• 8236 Remmet Ave: • P.O. Box 7184 • Canoga Park, CA 91304-7184 ,
I
I
1745
i ,
SUBORDINATION AGREEMENT
Whereas, those parties conce'rned, desire to have the Deed of Trust
recorded g~Ze2l-~v as file/page No.'1'26-41~;-600°9 subordinated to
Easement For Public Sewers Required As Eondition of Approval Of
`7,e4CX `OL3'"~0~ ("DOCUMENT" hereinafter) •
,
Now, therefor.e, for valuable consi' eration, the receipt of which
is hereby acknowledged, the under igned BENEFICIARY OR TRUSTEE
. hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to`the same extent as if aid DOCUMENT had been executed
prior to said Deed of Trust. „
. . October 1 1 , 1990 pyI~~~ ~ ~DE~IT3~ ~ THRIP2 '&`tOAX-ASSOCIATION
~ DATED BENE,FICIARY OR TRLJSTEE
- BY :
Z'ltl.e : Van Rhebc-r_k, Pr _ i d_n -
'
-
' _
E STATE OF CALIFORNIA 1746
COUNTY OF RANGE ~ SS.
On this llth J FOR NOTARY SEAL OR STAMP
day of X~BER , in the year 1990
, before me, the undersigned, a Notary Public in and for said County and State,
personally appeared VAN RHEBECK
o and
' to me on the basis of satisfactory evidence tosbe the per on(s)t who execued the
ot' within instrument as . ` OEFIC7AL SEAL
President and
U behalf of the Secretary or on STA(Y L NELTON
cor tion therein named and acknowledged to me that the . N9T/~tv Rusuc cN:llaitr~lA
q~~ corporation exec te it. ~B~7ucE CoN9dTY
N, ` ~MY CCmr*. FxCires ddl.10~ ~~2
,
0
~ Signa ure e~-
°Wia qF`~aid County and State
U1V
Cardiff Sanitation Districz
TF/04/COV1-140WP5 (3-21-90)