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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 ~ ^ 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) ~ - 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 ~ 7, ; tary's Signature 7110122 NATIONAI NOTAAV ASSOCIATION • 23012 Wntun BNE. • P.O. Boa 4E2S • WootlUnd Mitb. CA 91364 I ( 2108 ~EXHIBIT B , °ti./\.PJ\l 265 -3JJ - 2J 0 2~ , o~ o ~ '0.I t}((g T. 90'rN10E RoAd ~PUBCiG ~ J ~r~c~ry F~'n~ r N Q 60 90 OL / . ~ r~PiN _ o _ 260 3o'p' ~ s 1a I y, ~ PRo~osEn r5'GV/OE oa, --J~ r r_ l~ $q' r~.~ ~ PUB[lC SEGf/ER ESM r ~ °o, p° A ~RaNrEd ro caRdiFf ~ \ t~ ~ satirra rioN o,srRrc r. J l ~ d=51 00 000c„ 1 / - ~ R° 75 aPN ~ 26 5-359 -22 66-76' r, \ .r~ J ~ , 2-1 ,;t2JJ_ o , ~o--~ r r ~ROPeq JJ - ry elivE ~ o I~ o If/ 7~e o, 2'~ZHGI~ \I \ J N `~~0 N8q ~~~oo,E t5.00, r5' I5, I ~ ~ I ~ ; ✓08 N0. 9l- 036.1 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)