1992-127445 (2) l f'~ ` (
~ 2103 DOC # 1992`~~~ 127445
~.~_MAR- ~ :4~.~ AM
Recording Requested by: )
Cardiff Sanitation District ) OFFIF:TAL Rr1.ORtq
) ,5AN DIEGC CO11N1"`r.' Rr dDRDWR' 4 OFF'
When Recorded, Mail to: ) riNHETTE EIIRNS, roIJN?'Y FkCORCER
District Engineer - ) F=~S.,, 0„,~`J~
Cardiff Sanitation District ) NA
527 Encinitas Boulevard- )
Encinitas, CA 92024
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWER EASEMENT
.
Assessor's Parcel Project CS-108 ----~'No. 265-355-22 W.O. No. CS-108
; _ .
Karl N. Fleming and Suzanne Watson Fleming
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(x* hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual exclusive easement and right-of-way upon,
through, under, over and across the hereinafter described real `
propezty for the installation, 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, fences, 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 iri addition thereto, to remove soil and
other materials within said right-of-way and to use the same in
such manner and at guch 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
to convey said easement, or any,portion of said easement, to other
public agencies. .
tf/04/COV2-251wp5 (3-18-91/1)
S CA
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2104 The real property referred to herein and made subject to said
, easement and right-of-way by this grant is situated in the City of
Encinitas, 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 and the entire area encumbered by the
sewer easement shall be graded flat and unobstructed at all times,
unless authorized by the Grantee in writing.
The Grantors hereby covenant and agree for themselves, their heirs
,
successors and assigns, that there shall not be constructed or
i maintained upon the above described real property or within said
easement and right-of-way, any buildings or structures of any
nature or-kind that will interfere with the use of said easement
and right-of-way unless authorized by said Grantee, its successors
or assigns, or that will interfere with the ingress or egress along
said easement by said Grantee, its successors or assigns. When
authorized by the Grantee, gates will be permitted as long as said
gates remain unlocked, or, if locked, then Grantee shall be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for all existing
, improvements within the sewer easement and Grantee will not be held
liable for any damages, thereto.
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 in any excavation made by it in the above described easement
and right-of-way Grantee 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 concr.ete surface with like material.
tf/04/COV2-251wp5 (3-18-91/1)
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- 2105
Executed this day of ~C, v5, 19
OVINER : ~
By :
Karl N. Flemin. ,
By : 9_v~_
Suz~ ne Watson Fleming
`
[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
pol_itical 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
` j consents to the recordation thereof by its duly authorized officer.
Dated :
` WARREN H. SHAFER, Di rict Manager
' Cardiff.Sanitation District
tf/04/cov2-251wp5 (3-18-91/1)
~
2107
J.N. 91-036.1
July 5, 1991
August 7,191
;
VS
EXHIBIT ~~A"
LEGAL DESCRIPTION
' FOR
PUBLIC SEWER EASEMENT
Being a portion of Block 95 of Colony of Olivenhain, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 326, filed in the office of the Recorder of said San Diego County, July 8,
1885, together with that portion of Lot 24 of Rancho Las Encinitas, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 848, filed in the office of the Recorder of said San Diego County,
June 27, 1898, more particularly described as follows
STATE OF CALIFORNIR, ~ 2106
COUNT ss.
Y OF_- _11 Vi e~U ~
i
' ON_ a-6
Y9_9 L,
~ before me,.the undersigned, a Notary Public in and for the said State, personally appeared
~ v z w-~ n e ~r~1a.ts~ w F~e w,;n C~ known to me to be the
.1'~. r'.
oFFiGiaL sEAL President and , known to me
Katnieen L. woodbury to be the _Secretary of
Notary Public Ca6fornia ,
" SAN DtEGO COUNTY
; ~ the Corporation that executed the within Instrument, known to me to be the persons who
~ My Comm. Exp. July 19, 1994 QX2CUtBd tlle WItIIICI IOStfURlBflt, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrumenf pursuant to its by-laws or a
resolution of its board of directors. ~
~ WITNESS my hand and official seaf.
;
j
Notary Public in and for said State.
~ ACRRUWLfCGhdEN~GOrp.-rres. ~SecT=-VVoTOttsFOrm.T,~6-Rev.3-fi4_
'PENERAL ACKNOWLEDGMENT No zo,
State of On this theZ2--_ day of ~ t~ before me,
SS.
County of
the undersigned Notary Public, personally appeared
OFFICiAL SEAL
y SHARON McDOWEI.L 7.' personally known to me
kOTARY PUDLiC • CALIFORNIA &-proved to me on the basis of satisfactory evialence
PRINqPAL OFFICE IN - -
snr, oIeco couNrv I to be the person(s) whose name(s) f subscribed to the
~.t..; ° My Commission Exp. Aug. 10, I993 ~
within instrument, and acknowledged that executed it.
myVand and official seaL
WIT
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7,
;
tary's Signature
7110122 NATIONAI NOTAAV ASSOCIATION • 23012 Wntun BNE. • P.O. Boa 4E2S • WootlUnd Mitb. CA 91364 I
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SOWARDS Awo BROWN ENGINEERING, INC.
CONSULIING tENCiNEERS
2187 NEWCAS7LE AVENUE SUITE 202
CARDIFF BY 1HE SEA, CA. 92007 (619) 436 8500
~ .
2109 SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 05-13-87 as file/page No. 87-262101 subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of CS-108 ;
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 beenexecuted ;
grior to said Dped of Trtist. JANUARY 17, 1992 GLEN EB T RATI
DATED BENEFICI OR T STEE
By:
P L. YONS
Title: ASST. VICE PRESIPENT
l
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
STATE OF CALIFORNIA SS.,2l~. O ,
' COUNTY OF SAN DIEGO ~PtE t
~
R e On this the 17TH ddy Of JANUARY , 1992 , before me,ANNA M HEANaNnF~~
I, the undersigned Notary Public, personally appeared PAM L LYONS =
` and N/A , personally known to me to be the persons who
executed the within instrument as AssT. VICE PRESIDENT d11dXkxxZRka[RkXI~~~~tikKX
or on behalf of the corporation therein named, and acknowledged to me that
the corporation executed it.
' IT ESS my hand and official sal. OFFrCtAt S~A~
ANNA M. HElZNNIWDQ
i NOTAR1l P'UN.IC•CALIFORNIA
PRINCIPAL QFFICE IN '
~ SAN UIEGO COUNTY
i
My CommissiPn Expires October 17, 1994
Notary Public ANNA M. HERN DEZ
,
,
A1533-R/89
. r. . ' I . . . .
2111
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to haye.the Deed of Trust
: recorded 03-01-89 as file/page No. 89-103176 ~ subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of C5-108 ; •
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
priar to said Deed of Trust.
-a
DATED BENEFICIARY OR TRUSTEE
By :
Title: `
, . . T .T~trr+~ . . . . . . . . . . I
5Z'~TE:oF,(.'►ALt~•o,SAN
DIF:C~O Fi 1,1~i
~COUN~Y o~
t~n ~hi. (1av cil: in the year
" 1991 nrfare rne. Ihc unocrtiieneJ. a ti11- Puohc in -
n - •
N ,jrl`,r .niLi (,nunn ;ind SWte. Pennnjll, mnpe:ired
Prrsomally known
~
~
ti, me 1„r prn,ed tu me on thc basiti nl s.il,,Lutor% evidence, to
~
z ".v...: OFFiGl,4l tvOTARY SEAL
o
~ S TflOWu4S
x NoRaey Pu€ifir - Cafifornia
. . . . _ , o .
a SAN DIEC O CpUhlT`l
~ ~QC O I the cnrporaU n that executed the within lnstrument. and
~ o acknowledged to me that uch ~nrporauon exrcuted the wuhin inseru• ~9rly Comm. Ex~frr:*3 AUG 29,1S34
G ~ men~ pursuant to its by-1a s qr a resoluunn ol rts hoard o( dvccrors.
O ,
a
v d Signature
"
X ° S. THOMAS
tiame (Typed ur Pnnied)
tiotary Public in and tor said cnuntp and Stare
(This area for official notarial seal)
, F 2aE 7 R t 1.82
:
tf/04/cov2-251wp5 (3-18-91/1)