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1988-536786 : ~`~--0D0V : - ( 173 WHIEN RECORDEfI, PI.FA:SF M(alL 1 Tf3IS TNSTRUMI:N'r 'i`0 a Ci ty C1 erk City of Encinitas ' 535 Encinitas Blvd., Suite 100 ~ OCT 20 , Encinitas, CA 92024 . . . f' E = ~ Rf-CORt~~D REpUEST OF Id0 7RANSFER TAX DUE C~EF'T. C~E~1EF2AL SE1`~r~diC;~:S 1 SPACE ABOUE FOR"1~C(3RDFR°.5..•US`~~Y ~C} ~EE SUBQRDINATION AGREEMkN7 N07ICE: THIS 5UBORUINATIaN AGREFMENT RESIJLTS IN YOllR ' . SECURITY INTEREST IN TFiE PROPERTY BECDhIING SUBJkCT 70 AND OF LOWFR PRIORTTY THAN TME LIEN Oh SOMC UTMF'R OR LAl'LR INSTRUMENT . Assessar"s Parcel Pt^oject: ~SEWER ENCINITAS No. 259-231-69 W.O. No:: TE5367 Parce1 No, . ..~...,~_88-0020-A ~ Lag Na.: 269-08 WNIEREA54 that cert;ain C►~ed of Tr•ust k~~tween THOMAS H. LAWRENCE and EDITH LAWRENCE, husband and wife Go11eCt1Vely ca11ed ~~~EFICIARY and JAMES M. FRQST, Trustee under Declaration of Trust dated November.13,'1986 co1lective1y cal1eci TRUSTOR : and CHICAGO TITLE INSURANCE COh9PANY, aMissouri corporation -,ca~~~~ ~RUS7EE and recordeci ` Apri 1 20, 1987 ` p as Fi le/Page No., 87-211609 ' ~ iin o~~f`ie rmRecor er n ~ a~n ya , an ~~c~a, a e o (.a`~a .~`~arnia;`~ anc- WEiEREAS, ; said BENEFICIARY is the owner° and holder ' a•f the nate and otriew^ evidence nf indebtPdness for which said i)eed of 'frust was given for security, anti ; WHEREAS, TrustAr : w~~'~~~~ani~° c"1e. i~v~r c?r as'7~~°~xcu~'e an e i~v~r `ie , CITY OF'ENGINITAS : nun y n an ,iego, 5ta e of Cal i ornia, i~acwr~a n7M~~ or an. EASEMENT FOR SEWER LINES AND APPUR7'ENANCES , which DOf>UMENT(S) is.set forth hereinafter° a5 follows: SCANNLmD ~ WHEN RECORDED, PLEASE MAI;' ~ TNIS INSTRUMENT T4: 1 _ . City C1erk ~ City of Encinitas ~ 535 Encinitas Blvd., Suite 100 ~ Encinitas, CA 92024 T FZECC)RaED REQUcST QF 1 NO TRANSFER TAX DUE DEPT. GEfVERAL SERVIGE.S 1 SPACE ABOVE FOR RECORDER'S USE ONLY EASEF7EWY SEWER LINES AND APPURTENANCES Assessor's Parcel Project: SEWER ENCINITAS Noo 259-23I969 W.O. No.: TE5357 Parcel No.: 88-0020-A Log No.: 264-09 JAMES M. FROST, Trustee Under Declaration of Trust Dated Navember 13s 1986 hereinafter designated Grantor, owner of the hereinafter described lands,:for a valuable consideration, does hereby GRANT and CONVEY to CARDIFF SANITATIOPJ DISTRTCT herein designated Gr~antee, a perpetua easement ari rig t-5 -way ' upons through, under, over and across the hereinafter described real property for the installation, eonstruction, operation, maintenance, repair, replacement, and recanstruction of SEWER pipe lines and/or mains, manholes, sewer latera1 pipe lines, and all structLires incidental thereto, together with the er etual ri ht p p g to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use af said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to a~emave sail and other materials within said right-of-way and to use the same in such manner and at such lacations 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 ather public ageneies. j The real property refcrred 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 Califarnia, and is particularly described as foilows; Parcel No. 88-0020-A (2-29-88) (ENG:JA:mrt) The Nartheasterly 10a00 feet of the Southwesterly 40.02 feet of the Southeasterly 122.48 feet of Parcel 2 of Parcei Map No. 8911, in the City of Encinitas, County of San Diego, State of California accordin to said Parcel Ma ~ 9 p No. $911 filed in the Office of the County Recorder of said County. TOGETHER WITH the Southeasterly 10.00 feet of the Northwesterly 40.02 feet of the Northeasterly 194.98 feet of said Parce1 2. , 175 7.7e Grantor may, at his own risk,( the surface of the above described r~ roperty in a manner that will not inter- fere with or be detrimental to the uye of said.easement and right-of-way by Grantee, its successors and assigns, pravided no trees shall be planted or grown thereon. - The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right-of-way hy Grantee, its successors or assigns, or that wifl 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 installation of any pipe line by`it 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 excava- tion as nearly, as practicable to the level of the surraunding ground, and will repiace any oiled, asphalt or cancrete sur- face with Iike material and will replace any fence removed by it. Executed this day of , 19___. JAMES M. FROST, Trustee ~ ri ~ . . . . . . . .rr' . . . . . . . f. . . . . . . . . , STATE OF ~ ss. County of 01-1 19_, before me, the undersigned, a Notary Public in and for said County _ and State, personally appeare_cl`... known to me to be the person f rvwhoseA•-raame subscribed to the within instrument, and acknowkedged that executed the sa,rnew._ : ______-._.q4 Witness my hand ar~d official seal. ~ Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoirig deed or grant to the c'ARnrFF SANITATION DISTRICT a poiitical corp4ration and/or governmental agency is hereby accepted an behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted or: March 20, 1979 and the Grantee consents to the recordatian , thereof by its duly authorized officer. Dated CCSF,'85.29, 5/77 a ~ WNEREAS, Lhose parti~~ ~~~~ernedm desire to ha~ve, said i~~ed of Trust, subord'inc~~ed to saAid DOY+UMI.,lm 1 y . . . . NQWA THEftEFORE$ frar val►aabYe carssiderat3on, the receip~ of aahich is hereb,y acknon+l- edged, ttoe undersigned ~~NEFICIRkY tiereby watves. the pr~orit,~ said C3eed of Ts~ust irr i`avor of said DQCt.MEN'f to the sarne extent as if said DOCt~MENT had been executed prior to said Dee€~ of Tr°u5to : . . Da4eed. bhi.~"E ~ d-ay of 2 l~~ ~ ~ . . . ..~,o.a......~.,.~.~.,......._.....,_ . . . ~ r ,.r.-,.-...~...b,..~.-` 9 m~ . . ~!Ca,..«~-.,,-...w,-...,,..y...}.,........u,,,..~~,o.~..,,~~.,.~:~....:.,. - . «.R=..t....~..,-..>.. THOMAS H.iLRWRENCE - d,.._,b.~.. ~~....~.~.~_d.....,,~..~.~~~m _...s.~..,..~..:~ ,._.,.~.M~...~.a.,~,_ ~....~.H..~..~,~ jk- s~'~--`~~'.~,~. EDITH LAWRENCE .m. ..~....~.~...~.~..~._._..e - ~m . _,~..~.,.,....,~..~....,.,_..~.~.....w......~~.~..._..~.. ~.~~.._,..~..,..~.~..a. S'TRTC OF GALIFORNSA C[li~Y~C,' C)~' _w..~._._____..._.~.....~.__...~.~._a.._ a.~ Sse a~ On March. 30 w--% i9$ 8 beft~re diio:7 a~.3se cin~iersic~ned, a i~ot~~ry -i ri ari~~ for saiTei't,~ ar~d Sta~;e, per'St9r~a11.~' aPpeared RENCE AND , - - knr~wrr to rrie tc be the per~on s..r~~ _ _.,~..,w.~.w.~... wi-sose.R"~~M~ ..~~-are aiRe s stabs~;r~it~ed ~:o the witI~ir~ 7r~~.tr~~crs~,, aa-a~kr~ow1edged that~they executed Ote sarlie-0 ° Witness my tiand and of~~~cial seais Ft~~t,L bF CE CAMpBELLq1^ ~pTRR ~R1V g~~` Y p~9tIC ° CRL ' a Saja .IF 'n D~X~~ , ._.d.~~~~~~.e!~~_`'~' eS ~P,i1 24 198~ ~~a~a r,~ ~ n ~rid r~~~ ~a ~i c~~ Cr~~i c;ya.. a~~ ~~;~'c~ Tri~~ ~s to certify that the interest in r~~l pmperty conveyed by the foregoiny 5ubs,~rdination Agreenaent to I TAT I 0 N_D I S TR I C 1'.e.~. ~_~.....~.s„~..w.....~...~.. ~~.~...o.... a political corjporation' and/or- a. ~~~itic~~ ~ubdivision, 'is hea~~~~ accepted on behalf o-f it~ ~~arct of Superwi sors and/or its B~~rd of Dit ect0s purstaant to authority conferred hy Resolution of said Board(s) adc~pted ori Mar°ch 20~ and the Grantee(s) ~on~elnt(s) tca recordatioro theree~-f by its dtaly a€~~~~~~~~~~ offit~er. pa te ~.6 RALPH M. WEISMANN, Deputy Direcfor (Acting} Reaf Property Managernent Division bepartment of Generaf SeYViCes - ~