1992-127444 (2)
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DO~~ 0 ~.992-~~12(444
2 J ~ 5 09-~~AR-1.~~~ ~ 34 AN Recording Requested by: ) OFFIC;A! ~~~~ORDS
Cardiff Sanitation District ) sAN D ~~1~~[-~ '.O(~(y~STY R -~~i~F,G~F~'S ~~nw~Gt.
, . - - . . ~ ~M6E`~Ei C ? ElJ.~"iMs,' 4 v~~UNT~iFiSECO~!)~R .
When Recorded, Mail to: ) FEES n t~_€7!~
District Engineer )
Cardiff Sanitation District )
527 Encinitas Boulevard ) Encinitas, CA 92024 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S U5E
ONLY
e~
,
SEWER EASEMENT `A.,
Assessor,s Parcel Project CS-108
No. 265-355-30 W.O. No. CS-108
Donald M. Hansen and Shirley L. Hansen
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(kD&4 hereby GR.ANT'
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
property 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 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
to convey said easement, or any portion of said easement, to other
Public agencies.
.
tf/04/cov2-251wp5 (3-18-91/1)
S
GANNED
2096 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 wi11 not interfere with
or be detrimental to use of said easement and right-of way by
Grantee, its suceessors and assigns, provided no trees sha11 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, theix 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, 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 sai.d 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 concrete surface with like material.
tf/04/cov2-251wp5 (3-18-91/1)
2097 ~
Executed this day of 19
O ER•
. .9 .
By:
onald M. nse
By :
'Shirley Hansen
[Signature,of OWNER must be notarized. Attach the appropriate
acknowledgement.]
:
This is to certify that the interest in real property conveyed by
~ the forego:ing 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
WARREN H. SHAFER, Dis ct Manager
Cardiff Sanitation District
tf/04/cov2-251wp5 (3-18-91/1)
INDIVIDUAL ACKNOWLEDGMENT $ NO. 201
State of 'c. ` " l On this the day of ~ 19A, before me,
County of ~ ~ ss. j-l~~1~2. ,~I~~re~~~ ,
the undersigned Notary Public, personally appeared
~
~~L
ARTNUR P. ARQUII.ip ❑ personally known to me
Norutv aueuc -c.A.iww+u
PRItfCIPAL OFFICE IN proved to me on the basis of satisfactory evidence
_
. 1994 ~to be the person(s) whose name(s) subscribed to the
~ F My Cammissin DIEGO Exp.~la~ ~
within instrument, and a owled ged that executed it.
WITNESS my hand a o icial e.
Notary's Signature
ATTENTION NOTARY: Although the infortnation requested below is OPTIONAL, it coutd prevent fraudulent attachment of this ka, te to another document.
THIS CERTIRCATE Title or Type of Document
MUST BE ATfACHED Number of Pages Date of Document
TO THE DOCUMENT -
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
p NAiIONAL NOTARY ASSOCIAl10N • 8236 Remmet Ave. • P.O. Box 7184 • Cenoga Park, CA 91304-7184
l
. 2099 J.N. 91-036.1
July 5, 1991
August 7, 1991
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 #he Recorder of said San Diego County, July S,
1885, togetherwith that portion of Lot 24 of Rancho Las Encinitas, in the City of Encinitas, Couniy 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:
BEGINNING at the most Southerly corner of Parcel 1 of that deed to Donald M. Hansen and Shirley L. Hansen
recorded March 22, 1979, as File No. 79-118383 of Official Records, said corner being a point on a curve concave
Southwesterly and having a radius of 90.00 Yeet, said point also being on the centerline of an existing 30.00 foot
wide road and public utility easement; thence continuing along the Southeasterly line of said Parcel 1 radially
1. North 79°30'30" East 15.00 Feet to a point on a 105.00 foot radius curve concave
Southwesterly; thence along arc of said curve concentric to
and 15 feet Northwesterly of the Southwesterly property
line of said Parcel 1
2. Northwesterly 43,36 Feet through a central angle of 23039'30" to an angle point on
the Westerly line of said Parcel 1; thence continuing along
the Westerly line of said Parcel 1 radially
3. South 55°51'00" West 15.00 Feet to the most Westerly corner of said Parcel 1, said point
being on centerline of said 30.00 foot wide easement;
thence continuing along the Southwesterly line of said
Parcel 1 and the centerline of said easement along an arc
of radius 90.00 feef concave Southwesterly
4. Southeasterly 37.16 Feet through a central angle of 23°39'30" to the POINT OF
BEGINNING.
Contains 604 square feet, more or less.
-
81038.LGL
HANSEN-5
. , . . . . . 2100
. EXHIBIT B
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JOB ND. 9/- 036. !
SOWARDS A+o BROWN ENGINEERING. INC.
CONSULTING ENGINEERS ~
2187 NEWCASTLE AVENUE SUIlE 202
• CARDIFF BY iHE SEA. CA. 92007 (619) 436 8500
2101
SUBORDINATION AGREEMENT
, Whereas, those parties concerned, desire to have the Deed of Trust
recorded 03-31-87 as file/page No. 87-168450 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 been executed
prior to said Deed of Trust.
August 28, 1991 _ UNION BANK, FORMERLY CALIFORN_rA x'T;a~~ BANj<
DATED BENEFIGIARY`iOR:TRUSTEE
~ By' '
Title: JEAN E. BESSER, VICF pR :SmENT
,I
Signature of BENEFICIARY 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 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 -L7.. By
` WARREN H. SHAFER, D trict Manager
Cardiff Sanitation District
tf/04/COV2-251wp5 (3-18-91/1)
}2 10 2
STATE OF CALIF~~i~i~I EGO ~ }ss. ~
CUUNTY OF H
0~AUGUST 28 1991 , before me, the undersigned, a Notary Public in and for
JEAN E BESSER ~Zdd
co said State, personally appeared
U
, personally known to me (or proved to me on the
E
¢ c basis of satisfacYory evidence) to be the persons who executed the within instrument as
E E V I CE President Iddl Secretary, on behalf of
~ o
c U
o a)
o
C: the corporation therein named, and acknowledged to me that o. , OFFICIAL SEAL
SEP~.-r.-;.. 4'F
a ro ~ . .
BEVERLY
o~'n such corporation executed the within instrument pursuant to its C. LYNld
NOTARY PUBUC-CALIFORNIA
U C:
~ by-laws or a resolution of its board of d+rectors. n PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
o`vo WITNESS my h d and official seaL My Commission Exp. September 7, 1991
m
N
°o (7his area for official notarial seal)
_ ch Signatur `
BEVERLY" . LYNN
. ~
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