Loading...
1991-77245 (2) r. ~ ~ . . ppp~~~ =T ~qye yCyCyCvvv~~_ , i.s~~ , . . ? NY . . . . . . . . " ~ ` ' ...N'.Y~ ~ Y . ~ r• ~ ~ ~a~ 3 ;~tj: 1 G1~. -F~~, 99~. 08 ~ 0 Ar~ SAhi` DIEUO COUNTY RECORDER'S OFFIGE , ANNETTF EVAN59 COUHTY` RECDRDER fEES: 0.00 Recording Requested byc ) Cprdiff Sanitation District ) ) When Recoraed, Mail to: ) District Engineer ) Cardiff Sanitation District 527 Encinitas Boulevard ) Encinitas, CA 92024 ) For the benefit nf the District )SPACE ABOVE FOR RECORDERS'S USE ONLY . SEWER EASEMENT , Assessor's Parcel Project GS-69Z No. 259-190-77 , W.O. No. Log No. Denton I_. Kimball and Catherine Kimball, husband and wife as communitv property hereinafter designate Grantor(s), owner(s) of the hereinafter _ described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the Cardiff Sani.tation District herein designated Grantee, a perpetua'1 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, 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 ` 1612 ( ~ to convey said easement, or any portion of said 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.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 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 wi11 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 Grantor8, 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 installatipn 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) , EXHIBIT A LEGAL DESCRIPTION ~ A strip of land 30.00 feet in width over, under,along and across a portion of Parcel 1 of Parcel Map No. 7137, in the City of Encinitas, County of San Diego, State of California, thereof filed in the office of the County Recorder of San Diego County on 04/13/77 as File No. 77-147570, the sideline of said 30.00 foot strip being more particularly described as follows: Beginning at the Northwest corner of said Parcel 1;thence Southerly along the Westerly line thereof South 15°41'50" West, 390.34 feet; thence South 74°18'10" East 30.00 feet to the intersection with the Loutherly proldnration of a line shown ori said Parcel Map as being 30.00 feet Easterly of and parallel with above described Westerly property line; thence Northerly along said parallel line North 15°41'50" East, 379.64 feet to the most Northeasterly corner of said Parcel 1, said point lying on the arc of a 540.00 feet radius curve concave Northeasterly, a radial line to said point bears South 33°38'00" West; thence Northwesterly along the arc of said curve thru a central angle of 03°22'48" a distance of 31.86 feet to the Point of Beginning. ~LANO LANU PO V--cg,s~~.~, ivo. 1521q. ivo. 6214 Sp 3 C 3/31;9a Q.F CAt°~F y ~ I~'I ~ _ sEwFR T P1,4r 1614 ~ ►1 ~ ~ ~ ~p/ R 5~0 , VQ g/TE .._41~~ ~s -40.00 ~ w,ntF TY IYIAP ~No sCA 19) TK. B,4~05. 2 5- C(o F'/aRCE 61- _Sf6°~~;e'E- `1• ~ / / , ~,,CZe L 1 : ~ f ~ Executed this f'°I day of OWNER: BY: Denton L. Kimba 1 By: - Catherine Kir~ all [Signature of OWNER must be notarized. Attach the apprapriate acknowledgement. ] , _ , i " CAT. NO. NN00627 . TO 1944 CA (9-84) . J TICOR TITIE INSUI3ANCE (Individual) STATE OF CALIF d by ORNIA CT a COUNTY OF SA~,J ~ I-C"7 V ss. pted On [C) by bef re me, the undersigned, a Notar Public in and or d said State ersonall ri'tee w ~ P Y appeared ~1~. J W Nt~ k 1~1!~}~,~.° ' cer. x m, personally known to me or ' i P proved to me on the basis of satisfactory evidence to be the person.S._ whose name 5 AEG; subscribed to the within instrument and acknowledged that 1=_~ exe- ~ cuted the same. 4 "°OFFICIAL SEAI. WITNESS P DARLENE E°OPES m a d and offi ci al seal. Y Z4 I I N07"ARY PUBLIGCALIFORIUTA Principal Office in Santa Cruz County My Commission Expires fNar. 22, 1991 Signature : (This area for official notarial seal) tf/my/c0v2-116wp5 (9-27-89) . . , . : . . . . . . . ~ ' SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded Feh. -26, 1990as file/gage No. 90-101774 subordinated to ' Easement For Public Bewers Required As Condition of Approval Of - cs --QqZ ("DOCUMENT" hereinafter); Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY OR TRTJSTEE 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. : 40).. Escondi do ati onal Bank DATED BENEF C OR USTEE By: ~ t~ : T i t 1 e: ItJlO4 RkW-, 'r-- A6'1'42N j : Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. , I certify on behalf of the Board of Directors of the Cardiff i -^--=-4_ _4_ n,irsuant to authority conferred by Resolution e Cardiff ~ ri; } ; STATE OF CALIFORNIA DIEGO Iss. foregoing , couNTV oF S~ ~r_p ~ 16 1 rorc, reof by its ~ On F bruary_1_9, 1991 , before me, the undersigned, a Notary Public in and for ~ said ~tate; personally appeared F. J. RICK MANDELBAUM ° . ~aV E~ , personally known to me t Manager ¢ ~ X~fy~1~t~ieXti~~X) to be the persons who executed the within instrument as m ro a - . ~ Ct ~ ii E VICE- president and ,U&X~'a&, on behalf of ESCONDIDO o~ NATTONAL BANK , ~ o~ the corporation therein named, and acknowledged to me that a L ~ OFFICIAI SEAL v co suchcorporationexecutedthewithininstrumentpursuanttoits - KATHLEEIJ M JANDA' I by-laws or a resolution of its board of directors. ~ NOTAfiY PUBLIC- CAtIFORNIA, ' ~r r~ • PRINCIPALOFFICE IN coWITNESS my h nd and official seal. ~"$AN DIEGOCAUNTY `D FEBRUARY 5, 1983 N O O~ CY) Signature (This area for official notarial seal) - ~ ~ ~r~vi~~...