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1994-655274 #1994~0652-74 481 10--MOV-1994 10:15 AM SFFICIAL REGORDS Recording Requested by: ~ 5RN aIEGO COUhITY RECahDEk'5 DFFICE ; Cardiff sanitation District ~ GREtiORY SMITH+ CDUMTY REGOftDER ~ FEE5: 0.00 When Recorded, Mail to: ) District Engineer ) Cardiff Sanitation District ) 505 South Vulcan Avenue Encinitas, CA 92024 For the benef it oP the District ) SPACE ABOVE FOR RECORQERS' S USE , ONLY . SEWER FASEMFNT Assessor's Parcel Project No. 264-101-35 W.O. Na, DCS183 ~ Peter Leonard Lagus and Jerilyn Dodge Lagus, and Peter Leonard Laqus as Trustee of The Opal Kotesky Trusf dated December 20, 1985 i herei.nafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consi,deration, dQ(es) hereby GRANT ' and GONVEY to the CardiFf Sanitatian District herein designated Grantee, a perpetual exclusive easement and right-oF-way upon, through, under, ovez an.d acrass the hereinafter described real I pzoperty for the installation, construction; operation, maintenance, repair, replacsment, and reconstruction of SEWER pipe lines and/or mains, manhales, sewer lateral pipe lines, and all ! struGtuzes incidental thereto, tagether with: the perpetual right to remove buildings, fences, structures, trees, bushes,. undergrowth, ' flowers, and: any ather obstructions interfering with the use of said easement and"right-of-way by Grantee, its successars or assigns and in addition therato, to remove sail and other materials ! within said right-of--way and to use the same in such manner and at i such locations as said Grantee may deem praper, need£ul or - necessary in the caristruction, recanstruction and maintenanCe af ' said sewer lines Ar structures. zncidental. thereto. To have and to ho1d Sa:id aasezent and right-of way unto itsalf and unto i.ts successors and assigns forever, together with the right to cQnvey ~aid easement, or any partim oa~ ~aid o4oozent, tQ othor Publi-C a,gencies. tf"/04/"cpv2-2.$1wp5 (3-18-91/1) SCANNED A 8 2: The reaX propertX refeXrea tQ hezei.n and ma.da subject to said easement and right-of-way by this grant is situated in the City of Encini,tas, Cpunty of San. Diego, 5tate of California, and fs paarticularly 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 prQperty in a manner that will not interfere with or be dQtrimental to use of said easement and right-of way by Grantee, its successors and assigns, prQvi,dod nQ trees shall be planted or grown thereen and the entire area encumbered by.the sewar easement shall be graded flat and unobstructed at all times, unless autharized by the Grantee in writing. The Grantors hereby covenant and agree for themse],ves, their heirs, .successors and assigns, 'that there shall not be constructed or maintai.ned ugon the above described real property or within said easement and right-of-way, any buildings qr struatures 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 wi,th the ingress or egress along said easement by said Grantee, its successors Qr assigns. When autharized by the Grantee, gates wi.ll be permi.tted as long as said gates remain unlocked, or, if` locked, then G-rantee shall be provided with a key at all times. Yn additiQn, Grantors, their successors or a~signs, will be responsible for all existing improvements within the sewex easement and Grantee wi.ll not be held liable foz any damages, thereto. The Grantee h.ereby cavenants and agrees for itserf, its successors and assigns, nat to prevent the Grantars, their successors or assigns, from crossing:over $aid real property and agrees that the Grantors, their heirs, successars and assigris znay enjoy the continued use of the surface of said real property herein described, subject to the cond3.tians above stated; and the Grantee hereby covenants and agrees that after the installation oF any pipe line in any excavation made by ait in the above described easement and right-of-way Grantee wi]:1 baGkfill any such ex.cavation made by it so as to fxll said excavation a$ nearly as practicable to the " leve1 0f the surrounding ground, and will, repl.ace any oiiea;: asphal,t or cQncxete surface with like material. . tf/04/cov2-251wpS (3-18-91/1) 483 Executed thi,s day af 4~- , 19~. OWNER: ~y: - 772uS [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 SANITkNTIQN DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf df its Board, pursuant to authority conferred by Resoluta,on of said Board adopted on March 20, 1979, and Grantee consents ta the reGordation thereof by its duly authdrized officer. Datea: /o - _ - p ~trict Manager Cardif£ Sanitatian District, tf/04/cov2-251wp5 (3-18-91/1) CAL.IFORN1A ALL-P18RPOSE ACKNOIIVLEDGMENT No_5193 =ate f484 OPTIONAL SECTION ~ IIJ ~ CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to r fill in the data below, doing so may prove invaluable to persons relying on the document. t 9 i q q ~ C~~~ r, On before me, ~INDIVIDUAL DATE NAME, TITLE OF OFFICER - E.G., "JANE D{rSE, NOTARY PUBLIC ~r-~ ~ . personally appeared / _ ~ CORPORATE OFFICER(S) : NAME(S) OF SI R(S) TITLE(5) qpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) E] LIMITED to be the person(s) whose name(s) IS/al'2 GENERAL subscribed to the within instrument and ao- ❑ AnoRNEY-w-FacT ~ knowledged to me that he/she/they executed ❑ TRUSTEE(s) ~ ~ the same in his/her/their authorized ~ GUARDIAN/CONSERVATOR ~ capacity(ies), and that by his/her/their . OFFICIAIS~AL ~ OTHER: ~ 9~, LYNDA J,CLAY~(~,~ signature(s) on the instrument the person(s), No1'~YPUR~.!GCrtL~~RNIA or the entity upon behalf of which the snr~ ~i~c~o cour~-rv ~ . MYCOhr3A9lSSIf~N EXPIRES person(s) acted, executed the instrument. ~lULY 17,1995 SIGNER IS REPRESENTING: S~ - NAME OF PERSON(S) OR ENTITY(IES) WITNESS my hand and official seaL a i SIGNATURE OF OTARY { : OPTIOHAL CTION ~ r THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ~AA-U-QJ _ ~ THE DOCUMENT DESCRIBED AT RIGHT: , NUMBER OF PAGES 5- DATE OF DOCUMENT ~ u. Though the data requested here is not requiredby law, ~p it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ~t 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 !I j i I , ' - ~ 485 J.N. 93-165 June 16, 1994 EXHIBIT'A' LEGAL, DESCHrPTl41V FOR PUBLIC SEVIIER EASEIiAENT (APN: 264-161-35) An easement for public sewer purposes over, under, along and across that portion of Parcel 1 of Parcel Map Na 11$5, in the City of Encinitas, County of San Diego, State ofi Califarnia; filed in the Office-of the County Recorder of San I?iego County, Recember 21, 1972, more particularly described as follows Beginning at the Northwest corner of Said Parcel 1; thence along the Northerly line of said Parcel 1 1. North 87655'22" East 337.00 feet to the Northeast corner of said ParCel 1; thence along Easterly line of said Parcel 1 2. South 1°48'54" East 10.00 Feet to a point which is parallel with and distant 10.00 feet measured at right angles South of the Northerly line of said Parcel 1; thence along a line parallel to the Northerly line of said Parcel 1 ; 3. South 87055'22" VVeSt 337.03 Feet to a paint on the Westerly Iine of "id Rarcel 1; thence 4. North 1°39'24" West 10.00 Feet to the POINT OF BEGINNING. ' Contains in all 3,371 square feet, more or Iess. legus i ~ ~ ; jl ~!93165.LC3L 1 486 UlST 6 o'F'UT. 9OQ0 9~QSEMeNT E PU& /C UTIiIrS' 15QSt:,vrenrr f'CH doc. No. l98oa ficEd 1- 3i-6a fDgTUNA 9A NC- ~ R0A D - --,~87° 55' "C 337. ao' - ~Jgy°55'22'E" 337.0,3' QI Q ~ ~ PUBC lC S~W~R 1 ~ - ° wEMENr GRQNrFO ro ° ~ CdROlff 54Nlyd T/ON I,I4 T. ~ I ~ ~ O Q o 0 ~ PC I I m PCI 2 m 0 o ~i.pN 2(~ - /Ol -35 ~ a 3 0 ~ ( PJM J1 8 15 ~ ~ i ti87°55'?4"E 3.38.00' , ~-~CL 4 P, L ~ , i ~ ✓o6 AX. 961- 166- . SQWARf~S Aw BRf3WW' ENGINEERING, INC, CONSOLTINC ENGINEERS I 21$7 NEW0A371X- AVENUE SUITE 202 , CAFtDIrF BY THE SEA. CA. 92007 (819) 436 8500 I r ~ ' ~ • ~ : SUBORDINATION AGREEMENT 487, Whereas, those parties concerned, desire to have the Deed of Trus recorded as file t -11 Easemeat For ~publ o sewers /page No. 1991-0230209 subordinated to Condition ot A ( DOCUMENT here na ter) Required A$ pproval Ot C, 1; -1 R3 f Noy~, therefore, for valuable consideration, the receipt of which is hereby acknowledged, tha undersigned BENEFICIARY OR TRUSTEE hareby wafves 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. ' RancfiD Santa Natianal Bank ATED BENEFICI,AR R TSTEE B , Title: ~ -zD~~ P s DATED $ENEFICZARY OR TRUSTEE By: Title: Signature of BENEFICIARX or trustes to be notarixed. Attach the appropriate acknowledgement. . , I certify on behalf oP the Board of Directors of the Cardiff sanitation District, pursuant to authority conferred by Resolution of said Board adopted on 3-20-79 that the Cardiff Sanitation District consents to t e mak ng of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorizad otficer. ' Date /0- - 9911, BY . ~ ~ TF/H2/C0V2-251wp5 (10-27-93-2f," CALIFORMA ALL-PURPOSE API(NOWLEDGMENT No.-5193 tate of OPTIONAL SECTION I S s ~ ' CAPACITY CI.AIMED BY SIGNER County of -~a ti~`' 488 Though statute does not require the Notary to fill in the data below, doing so may prove iq Lo h invaluable to persons relying on the document. + On ~ before me, ~~~y` ° ~ INDIVIDUAL ' DATE NAME, TITLE OF OFFICER - E.G., "JAN NOTA,, RY PUBL ° I oi J-p\j "J~~ Lk-., ~ CORPORPIE OFFICER(S) personally appeared ~{~~~~"3 ~ 6.~ ~NAME(S) OF SIGNER(S) TITLE(S) ~ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(s) ❑ uMiTED to be the person(s) whose name(s) IS/aC2 ~ GENERAL SUbSCCibBd t0 th2 wlth111 If1StfUfTtetlt afld aC- ❑ ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑ TRUSTEE(S) ' the same in his/her/their aUth01'122d ~ GUARD[AN/CONSERVATOR oFFIcIAL sEnL capacity(ies), "and that by his/her/their E] OTHER: LYIVDA J,Ct~AYT'~hl F signature(s) on the instrument the person(s), Bd~iTARY RU~3LIC~ALIFCIRNUI ~.y6~~aDIE~oC~oUNtY or the entity upon behalf of which the y ~ MYGa~tMI~SION EXPIRES person(s) acted, executed the instrument. li ~ ' JULv 17• 1g9~ SIGNER IS REPRESENTING: 4 0 WITNESS f11y Ilaf1d 311d AffICIaI S@aL NAME OF PERSON(S) OR ENTITY(IES) Q ~NCHO SANTA FF HAT16 SIGNATURE tN TARY R M f ~ OPTIONAL I ; THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT J~~o tJ ~ THE DOCUMENT DESCRiBED AT RIGHT: ~--~D q NUMBER OF PAGES I DATE OF DOCUMENT ' Though the data requested here is not required by law, Vr it could prevent fraudulenl reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 IIII I . . . ~ .