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1992-127443 (2) ~ 6u ~ ~ 1~' ~g~~ ~ ~ ~ ~ ~ ~ 09--~AR-1992 08:32 APF CF~r`~.~~. ~~C~E~ Recording Requested by: ) (46-; JIt~~~0 Cf_i~r~ ~ n,E!. -,,,~~-~'~C~,t~c~,9S t~1., ~ ~~;CE Cardiff Sanitation District ;Y ~ ~"1~t.T I ~Ur~ti`~ , ~wli~h11~Y ,'E~`1~~,7E~:, I When Recorded, Mail to: 0" ) District Engineer ) i ' Cardiff'Sanitation District ) 527 Encinitas Boulevard ) Encinitas, CA 92024 ) For the benefit.of the District )SPACE ABOVE FOR RECORDERS'S USE ~ ONLY B SEWER EASEMENT Assessor's Parcel Project CS-108 No. 265-355-29 W.O. No. CS-108 William W. Knowles and Sandra Dee Knowles hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(xmo) 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 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 remave buildings, :Cences, structures, trees, uushes, 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) SCANNED 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 ar 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 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 an.y 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 surfate 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 concrete surface with like material. j ; I ; , , I tf 04 cov2-251 i / / wp5 (3-18-91/1) ~ ; , 208 9 . Executed this (0 ~ day of 04 ti 6rQ S 7- , 19~. OWNER: ~ By: WiTliam W. Knowles By : Sandra Dee Knowles [Signature of OWNER must be notarized. Attach the appropriate .acknnwledgement.] 1.. . . . . . . . . . . . . _ . , . . . ' . . ~ This is to certify that the interest in real property conveyed by the foregoing 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. i~~ Dated : t~» a ei~"-~--~ ~~~~°fs WARREN H. SHAFER, Difttict Manager Cardiff Sanitation District , tf/04/cov2-251wp5 (3-18-91/1) " r Q, 2091 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 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 BEGINNING at the most Southerly corner of Parcel 1 of that deed to William W. Knowles and Sandra Dee Knowles, recorded June 23, 1970, as File No. 108938 of Official Records, said corner being a point on a curve concave Southwesterly and having a radius of 90.00 feet, said point also being on the centerline of an existing 30.00 foot wide road and public utility easement; thence leaving said curve and Southerly property line of said Parcel 1 radially 1. North 55°51'00" East 15.00 Feet along the Easterly line of said Parcel 1 to a point on a 105.00 foot radius curve concave Southwesterly; thence along the arc of said curve concentric to and 15 feet Northerly of the Southerly property line of said Parcel 1 2. Northwesterly 32.07 Feet through a central angle of 17°30'00"; thence tangent to said curve 3. North 51°39'00" West 60.71 Feet `to a point on the Westerly line of said Parcel 1; thence continuing along the Westerly line of said Parce(1 4. South 38°21'00" West 15.00 Feet to the Southwest corner of said Parcel 1, said corner also being a point on the centerline of said road and public . utility easement; thence continuing along the Southerly property line of said Parcel 1 5. South 51039'00" East 60.71 Feet to the beginning of a 90.00 radius curve concave Southwesterly, a radial to said point bears North 38°21'00° East; thence continuing along arc of said curve and Southerly property line of said Parcel 1 6. Southeasterly 27.49 Feet through a central angle of 17°30'00" to the POINT OF BEGINNING. ; Contains 1357 square feet, more or less. 9103B.LGL KNOWLESJ I` ~ . . . . . ~ 2092 ~ B EXHIBIT ~ . ~3`09 0o p~ ~ ~ /Bg DO C-) o L? ti) 4PAP265-359-29 ~ o cq vlc~ ~ L \,~ao,~ \y~~~~ \o~ ~a( . g~ ,'~~F ~ \ ~ ~ 1 h 0 oy o q Nyr°w9 oo"w y°° / ~o. 7, ` N Q ~ ~ ~p~ ~~d ~ L1= l7 °30 00" ) yyy ~h q p , 2749` ~ ~ .l~ r r r~ r- ~ r~~ ~ J~ JJ ~ I ~ j08 No. 91-oa(e. r SOWARDS mD BROWN ENGINEERING, INC. CONSULTING ENGINEERS 2187 NEWCAST4E AVENUE SUITE 202 - CARDIFF BY THE SEA, CA. 92007 (619) 436 8500 ~ LN # 805710 ~ KNOWLES 2993 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 12-15-71 as file/page No. 71-291231 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 DOCiJMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. SEPTEMBER 9, 1991 HOMEFED.BANK, F.S.B., FORMERLY KNOWN AS HOME DATED BENEFICIARY OR TRUSTEE FEDERAL SAVINGS & LOAN i . A~SSOCIATION By KIM T. DERBES Title: AUTHORIZED SIGNER ~ 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 ~ ~ ~ - ~ . B Y ~ WARREN H. SHAFER, Dis ict Manager Cardiff 5anitation District : tf/04/cov2-251wp5 (3-18-91/1) LN # 805710 2094 , KNOWLES ~ STATE OF CALIFORNIA sEAL COUNTYOF } SS ~ o pn SEPTEMBER257, 1991 before me; o the undersigned Notary Public, personally appeared oFFIcIn~ s~n~ d . KIM T. DERBES DIA W1LLlNGI°~lAll~ • t NOTARV PUBLIC - CALIFORNtA o(personal ly known to me) (proved on the basis of satisfactory evidence) to be ' the AUTHORIZED SIGNER ~I~IPA-~FFlCE IN SAN DlEGO COUNTY z My Commfssion Exp.,December 18. 1992 0 ~%XY&A#:of the corporation that-executed the within instrument to be the ~ Z persons who executed the within instrument on behalf of the corporation ~ therein named, and acknowledged to me that such corporation executed ¢ the same, pursuantto its laws, or a resolution, of its Board of Directors. 40 Hon'eFed[~LJQnkFsB Signature_, SAV492 (0/90) STATE OF CALIFORNIA ~ SS. `Z (SEAL) , COIJNTY OF SAN DTF('o On " AUGUST 26, 1991 fine, the under- signed Notary Public, personally appeared ~ WILLIAM W. KNOWLES AND SANDRA DEE KNOWLES OFRlCIAL 5EA1 GINA MARIE KLE'TZKA ~ , N07ARY PUBUC • CALlFORNIA yolrp¢) or (proved to me on the basis .of pRINCIPAI OFFIEE tN ~ satisfactory evidence) to be the person ~ WIIOSe f SAN DIEGO COUNTV v name ARE subscribed to the within instrument and My Commission Exp. Auqust 10, t~ ~ acknowledged that THEY executed the same. t ~ ; SIGNATURE~k1~~~✓~-'~~~ ~ ~ 'HomeFedBank SAV-193(1/90) " . - .