1991-50335 (2)
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Recording Requested by:
' Cardif'f Sanitation District
~ When Recorded, Mail to: )
; District Engineer
Cardiff Sanitation District ) #'e`
' 527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of tlie District ) SPACE ABOVE FOR RECORDERS' S USE IN'
; ONLY
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: SFWER EASEMEPJT . 1,
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; Assessor's Parcel Project CS-056 '
No. 259-231-13 W.O:. No. 0'56
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Herbert L. Manashaw and Claire L. Manashaw
hereinafter designate Grantorowner(s) of the hereinafter
; 'described lands, for'a valuable consideration, do(eg~ hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
: Grantee, a perpetual easement and right-of-way upon, through,
under, over and across the hereinafter.described real property far
the installation, construction, operation, maintenance, repair,
_ repi.aceinent, an3 reccnstruction of SEWER paps 'linps and/or *naz.r±s,
manholes, sewer lateral pipe li.nes, and all structures incidental
thereto, together with the perpetuai right, to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other
obstructians 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=af-
way and to use tlie 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
tf/my/cov2-116wp5:(9-27-89)
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to convey sa'id.easement, or any portion of said easement, to other
' public agencies.:
The real property referred to herein and made subject to said
. easement and right-of-way by this grant is situated in the 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 -n a manner that will not interfere with
or be dstrimental to use of said easement and right-of way by
Grantee, its suCCessors and assigns, provided no trees shall be
planted or grown thereon.
,
The Grantors hereby covenant and agree for themselves, their heirs,
sha11 not be constructed or
successors. and assigns, that there
maintained upon the above described real property or within said
easement and right-of- way with building or structure of any nature
or kind that wi11 interfers with the use of said easement and
i right-of-way 'Grantee, its succ.essors or assigns, or that will
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 Grantors., their suceessors 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 surface -of said real property herein
rantee
described, subject to the conditions above stated; and the g
hereby covenants and agrees that after the installation of any pipe
line by 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 excavdtion as nearly as practicable to the
level.of the surrounding ground, and will replace any oiled,
aspha:lt or concrete surface with like material and will replace any
fence removed by it. . .
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'STATE OF CAGFORNIA )
COUNTY OF ; r ~i€e) SS.
ON 'q~ l"o , BEFORE ME, THE UN ERSIGNE r)A NOTARY PUBLIf~;1N
AND FOR SAID STATE, PERSONALLY APPEARED C,.~
, (PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PERSON(S) WHOSE NAME SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT ~5ke- EXECUTED THE
SAM E.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMIS 10 PIRES IS 1 I55 \.(NOTARY SCAL)
NOTARY PUBL ND FOR SAID STA`
OFFECiAL SEAi~
~~~JC~.~~ G. .~~~~ES
NOTAI'tY FU~LIC - CALIFORNIA
s" PRINCIPRLUFFiCElN
a ; „P l05 AhGELES COUN7Y
My Commission Expires:Oct. 25,1991
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"STATE OF CALIFORNIA )
COUNTY OF SA~. ) SS.
ON BEFORE ME, THE UN,R ERSIGNPD, ANOTARY PUBLIC I~
AND FOR SAID STATE,PERSONALLY APPEARED t~ t^c.5~nc.~.
(PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PERSON(S) WHOSE NA14E SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT EXECUTED THE
SAM E.
WITNESS MY HAND AND OFFICIAL SEAL:
MY COMMI PIRES 15~1.(NOTARY SEAL)
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NOTARY PUB I AND FOR SAID STATE." pFFIGIAL SEAL
DOUGLAS G. JONES
° c► ; * NOTARY P"JBLIC - CALIPORNIA
~ fpRINCIPAL OFFICE lN
ra.,nP ;c 405 ANGELES COUNIY
my Commission Expires Qct. 25, 1991
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89-019.2
10/15/90
EV
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
SEWER MAIN PURPOSES
A portion of Lot 27 of the SUBDIVISION OF RANCHO LAS ENCINITAS, in the City of Encinitas, County of San
Diego, State of California, according to Map therpof Na 848, filed in the Office of the County Recorder of San Diego
County, June 27, 1898, more particularly described as follows .
Beginning at the intersection of the centerline of West Fifth Street with the centerline of "A" Street, as'said streets
are shown on Map No. 326 of the COLONY OFOLIVENHAIN, in the City of Encinitas, County of San Diego, State
of California, filed in the office of the County Recorder of San Diego County, July 8, 1885; thence
1. North 23045'08" East 12.57 Feet along the Easterly line of land described in deed to Herbert
L. Manashaw and Claire L. Manashaw, recorded
November 29, 1984 as Document No. 84-444669 of official
records to the TRUE POINT OF BEGINNING; thence
parallel with the centerline of West Fifth Street I
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2. North72°23'00" West 192.11 Feet to a point on the Westerly line of said `Manashaw land;
thence
' 3. Nor#h 19°51'09" East 15.01 Feet along said Westerly line; thence parallelwith the centerline
of West Fifth Street
4. South 72°23'00" East 193.13 Feet to a point on said Easterly line of said Manashaw land;
thence _
5. South 23°45'08" East 15.09 Feet along said Easterly line to the TRUE POINT OF
BEGINNING.
Contains 2889 Square Feet, more or less.
APN: 259-231-13
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' SUINARDS AND BROWN ENGINEERING. INC. ~
CONSULIING ENGINEERS ; -
2787 NEWCASTLE AVENUE BUITE 202
CAROIFF BY THE SEA, CA. 92007 (619) 436 8500 1
,
SUBORDINATION AGREEMENT
Whereas, those parties coneerned, desire to have the Deed of Trust
recorded 12-29-86 as file/page No.- 86-611218 subordinated to
Easement Far Public Sewers Required As Condition of Approval Of
CS-056 ("DOCUMENT" hereinafter);
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
DOCUMENT to the same extent as if said DOCUMENT had been executed •
prior to said Deed of Trust.
~jGL-~~IPa~2 ~~`n-I i ) b ✓ ~ - G
DATED BENEF CIARY OR TRUSTEE -
5ecurity Paeific Nat-yo_3^;.1 Trus-E Co„1pa,ny Rlleitr York) as Trustee:
gy; T110maS S.'
ris
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Title: ,
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SEE NEXT PAGE FOR NOTARY CERTIffCATE.
I Signature of BENEFICIARY ar. trustee
to be notarized. Attach the
aPPzopriate acknowledqement,
I certify on behalf of the Board of Directors of the Cardiff
Sanitation District, pursuant to authority coriferred bY Resolution
~ of said Board adopted on jWpg,Gg 2,6; 197,? that the Cardiff
~ Sanitation District consents to the making of the foregoing
~ Subordination Agreement, and consents to recordation thereof by its
duly.autMorized officer.
Ii Date LYWARREN H,--SHAFER, D' trict Manager
- Cardiff Sanitation District
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"STATE OF W--W `'`O P-K )
COUNTY OF NC~i,~ Y0 F1 ) SS.
ON 61ELEM60~ Qq, 129 U_ , BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
--tla-vmA5 s- P°1oser- (PERSONALLY KNOWN TO ME) (PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE \J Ic& P129-;e,s(bG2,3 i
'OF THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AS
BENEFICIARY AND (PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE SAME ON
BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SAID
CORPORATION EXECUTED THE SAME AS BENEFICIARY PURSUANT TO ITS BYLAWS OR
A RESOLUTION OF JTS BOARD OF DIRECTORS.
WITNESS MY HAND AND OFFICIAL SEAL
MY COM SION E IR S (NOTARY PUBLIC)
PETER KOLE.YDAS
111,26xff,
NOTA Y PUBLIC IN AN R SAID STATE.° ~*"'ry Publie, State of New York -
No. 4951001
Quelified in Kings County
Cotnril5sion Expires May 15, 1991
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Executed this ~ day of Novem ber" , 19 9C.~? .
OWNER:
$y :
' Herbert L. Manashaw
By: ~ ~~,AA~z
Claire L. Manashaw
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
SEE NEXT PAGES FOR NOTARY CERTIFICATES
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 byResolution of said Board adopted on March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officer.
Dated: Z
WARREN H. SHAFER, District Manager
Cardiff Sanitation District
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