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
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i
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,
' - ~
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
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~!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
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° wEMENr GRQNrFO ro °
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✓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 . . . ~ .