1992-127443 (2)
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09--~AR-1992 08:32 APF
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Recording Requested by: ) (46-; JIt~~~0 Cf_i~r~ ~ n,E!. -,,,~~-~'~C~,t~c~,9S t~1., ~ ~~;CE
Cardiff Sanitation District ;Y
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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.
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Executed this (0 ~ day of 04 ti 6rQ S 7- , 19~.
OWNER:
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By:
WiTliam W. Knowles
By :
Sandra Dee Knowles
[Signature of OWNER must be notarized. Attach the appropriate
.acknnwledgement.]
1.. . . . . . . . . . . . . _ .
, . . . ' . .
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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) "
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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.
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Contains 1357 square feet, more or less.
9103B.LGL
KNOWLESJ
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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.
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; SIGNATURE~k1~~~✓~-'~~~ ~ ~ 'HomeFedBank
SAV-193(1/90) " . - .