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1988-522768 (2) I . . . . . _ _ . . . . . . . . . . . . . _ . . . . ` . . . . . . . ~WWERI=_ V.~,~~RD~D ~ pLEASE MAIL~ ~TH ~=I NSTRUMENT TO : 1180 t ~ City Clerk Ci ty of Enci ni tas 535 Enci ni tas B1 vd. , Ste. 100 Encinitas, California 92024 ~ , R~~°3 _ ~ ¢ f~ECf:~RC~~'£~ REQUES~' (7F 1 r:~_`,.t.~~ NQ TRANSFER TAX DUE DE~• GENER~,L SER~~ICES 1 SPACE ABO`~t"~OR RECORDER SE ONLY NO FEE EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel Project: TM4606-1/MANCHESTER AVENUE No. 262-061-73 W.O. No.: Parcel No.: 88- -q LQq No.: 2 - MANCHESTFR ESTATES, a general partnership hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable ' consideration, does herPby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetua easement an rig t-o -way upon, ; t roug , under, over and across the hereinafter described real propert.y 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 I incidental thereto; together with the perpetual right to remove buildings, structures, ~ trees, bushes, undergrowth, flowers, and any other obstructions interferinq with the use of said easement and right-of-way b,y 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 I incidental thereto; together with the right of ingress thereto and egress therefrom over said easement and over such other routes as Grantor may specif,y, provided said routes are practical, across Grantor's land. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns farever, together with the right to convey said easement, or any portion of saicl easement, to other public agencies. The real property referred to herein and made subject to said easement and riqht-of-way b.y this~qrant is situated in the City of Encinitas, Count.y of San Diego, State of California, ' and is particularly described as follows: Parcel No. 88-0272-A (7-28-88) (ENG:AT:mrt) A strip of land 15.00 feet wide lying within the Fast Half of the Southeast Quarter of the Southwest Quarter of Fractional Section 24, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, CountY of San Diego, State of California, included in that land described in deed to Manchester Estates, a general partnership, recorded January 9, 1979 at File/Paqe No. 79-009330 in the Office of the Count,y Recorder of said County, the Easterly sideline of said strip being described as follows: ANNED _ % % , - 198(- Parcel No. 88-0272-A (Cont.) COMMENCING at the Northeast corner of said East Half of the Southeast Quarter of the Southwest Quarter of Fractional Section 24, said point being also the Northwest corner of Lot 4 of said Fractional Section 24 as shown on County of San Diego Tract No. 4254, according to Map thereof No. 11055 filed in said Count,y Recorder's Office; thence_along the Easterly line of said East Half South 00013'03" West, 274.54 feet to the TRUE POINT OF BEGINNING, said point being also a point on the centerline of Road Surve,y No. 426 (Manchester Avenue), a plat of which is dated February 7, 1928 and filed in the Office of the Count,y Engineer of said Count,y; thence continuing along said Easterl,y line South 00°13'03" West, 747.91 feet to the Northwesterly line of Lot 26 of said County of San Dieao Tract No. 4254, and the POINT OF TERMINUS. The Westerl,y sideline of said 15.00 foot wide strip shall be lengthened and/ar shortened so as to terminate Northerly in said centerline of Road Survey No. 426 and Southerly in said Northwesterly line of Lot 26. 19€i2 The Grantor may, at his own risk, ( the surface of the above described rez' operty in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided 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 strueture of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors 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 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 surrounding ground, and will. replace any oiled, asphalt or concrete sur- face with likematerial and will replace any fence removed by it. Executed this Le 441 day of Aut5UbT'` 19 MANCHESTER ESTATES, a general partnership TEK CORP. , a California Corporation, as General Partner B THOMAS E. KERN, Fresident aTATE OF CAL I FORN I A } S S 1983 COUNTX OF SAN DIEGO } aN TH I S 18th DAY OF August , 19 88 , SEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID 5TATE, PERSONALLY APPEARED • Thomas E. Kern PERSONALLY KNOWN T0 ME FROVED m TQ ME ON THE BAaIS OF SATISFACTORY EVIDENCE) TO BE THE PRESIDENT, AND n/a ,(PERSONALLY KNOWN T'0 ME)(PROVED TO ME ON THE BASIS OF SATISFACTORX EVIDENCE) TO SE VICE PRESIDENT OF ~ TEK, A CALIFORNIA CORPORATION, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE W YTHs N I NSTRC7MENT ON BEHALF OF 5A I b CORPORAT T OlV , SA T D CORPORAT I ON BEING (PERSONALLY KNOWN TO ME)(PROVED TO ME ON THE BASIS OF S,A,TISFACTORY EVIAENCE) TO BE THE GENERAL PARTNER OF MANCHESTER ESxATES, THE PARTNERSH T P THAT EXECUTED THE W I THI N I NSTRUMENT , AND ACKNOWLEDGED T0 MF. THAT SUCH CORPORATTON EXECUTED THE SAME AS SUCH PARTNER AND THAT SUCH I'ARTNERSHIP EXECUTET? THE SAME. WITNESS MX HAND AND OFFICIAL SEAL. - MY COMMISSION EXPI S OFFICIAL SEAI. ELIZABETH J. SPEER NOT / Y PUBL I CJ I N ND FOR SA I D STATE NOTARYPUBLIC-CALIFORNIA E s SAN OIEGO COUNTY My Comm. Expires May 12,1989 CCSF, 85.29, 5/77 ~ 1984 1-; 7 ~ 9 WHEN RFCORDED, PLFASE H1AIl. IN~~~UMENT ~ro: ~ rHxs 3 CityClerk CitY of Encinitas ez, 8 ~ ~ 535 Encinitas alvd., Ste. 100 ~ Encinitas, CA 92024 NO FEE RECORDED REpueST OF Nq TRANSFER TAk DUE DEf~'1". GEN~~AL SERVlCES1 SPACE ABOVE FOk RECORDFR' S USE ONLY~ SLIBQRDTNA1°TON ACREEMEN7' NQTICE: TH1S SUgORDiNA7ION AGRFEMENT RESULTS IN YOUR 5ECURITY INTERES'f IN TNE PROPERTY BECOMINC SUBJECT TO AND Of' LOWER PRIORITY 1 HAN TNE LIEN AF SOME Ol'HFFt bR LRTER INSTRl1MENT A&sessar's Parcel Prdjecto TM4606-1%MANCHESTER AVE. No. -262-061-73 W.O. No.: ~ T5425 Parcel No.: 88-0272-A L,og No.: ~ 290-06 WHEREAS, thea~ c'ertain Depd of Trust between SAN DIEGUITO UNION HIGH SCHOOL DISTRICT - cn1lPCtively callecl F3E:NEFTCTARY and MANCHESTER ESTATES, a general partnership , colZectively ca1led TRUS1'UR - - and TRANSAMERICA TITLE INSURANC:E COMPANY ~cailed 1'RtlSTEF. and recordec# April 15, 1981 as Fi1e/Page No. 81-115062 ~ ~n°~Fi"e • c~ ~ eco~ er r'~► ~`~ur~`~`y ~ an ~~gas ~ e ~ c~rn-ia~ ~'I WMEREAS, sa1d BENEFICIARY 7s the owner and holder of` the note and rrther ~vidence of indebtedn:ess for which said Deed nf Trust was given for security; and : WNIEREAS, Trus.tQr ~ _ _ i ~",1°°wxqctc°c vpr or, ' as av~ f!~4~_ _CI.t ;~~(T -aM(~PT- vere nc; T CITY QF ENCINITAS ~ ~~.d,..~.~,_..~.~ our~ y ~a _ar~ -Iega, E a e o~.6rn I ~~q ii~~'~~r «i n t1N:...f .~.~`~`~r~ an EASEMENT FOR SEWER LINES AND APPURTENANCES . which C4OCUMENT(S) is se't farth hQrPfirrafter as follows. UARN LU WNEN RECORDED, PLERSE MAIL 1 1985 - TIfiIS INSTRUMENT TO: 1 . ~ City Clerk 1 Ci ty of Enci ni tas- 1 535 Enci`nitas Blvd., Ste. 100 l Encinitas, California 92024 1 RECQRDED REQUEST OF 1 NO TRANSFER TAX DUE DEPT. GENERkt SERV!CE& 1 SPACE ABQVE FOR RECORDER' S t1SE ONLY : EASEI+ENT SEWER LINES AND RPFURTENANCES - Assessor's Parcel Proiect: TM4606-1/MANCHESTER RVENUE : No: 262-061-73 W.O. No.: Parcel No.: 887272-A log No.: 289-07 E MANCHESTER ESTRTES, a general partnership hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable consideration, does hereby GRANT and CONVEY: to CARDIFF SANITATION DYSTRICT herein designated Grantee, a perpe ua easement an rig t-o -way upon, t roug , under, over and across the hereinafter described real property for the installation, eonstruction, operation, maintenanGe, repair, replacement, and recanstructfan of SEWER pipe lines and/or mains, marrholes, sewer lateral pipe lines, and all structur°es incidental thereto; together with the perpetual right to remove buildings, structures, trees, bushes, underqrowth, 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 ar necessary in the construction, reconstruction and maintenance-of said sewer lines or structures r incidental thereto; together with the right of fngress thereto and egress therefrom over said easement and over such other routes as Grantor may specify, provided said routes are practical, across Grantor's land. 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. The real property referred to herein ancl 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 Rarticularly described as follows: - . Parcel No. 88-0272-A (7-28-88) (ENG:AT;mrt) I, A strip of land 15.00 feet wide 1_ying within the East Half of the Southeast Quarter of the Southwest Quarter of Fractianal Section 24, Township 13 South, : Range 4 West, San Bernardino Base and Meridian, in the City af Encinitas, County of San Diego, State af California, included in that land described in deed ta Manchester Estates, a general partnership, recorded JanuarY 9, 1979 at File/Pa9e No. 79-609330 in the Office of the County Recorder of said County, the Easterly sideline of said strip being described as follows: Parcel No. 88-0272-A (Cont.) : COMMENCING at the Northeast corner of said East Half of the Southeast Quarter of the Southwest Quarter of Fractional Section 24, said point being also the Northwest corner of Lot 4 of said Fractional Section 24 as shown on County of San Diego Tract No. 4254, according to Map thereof No. 11055` filed in said Count.y Recorder's Office; thence alang the Easterly line of said East Half ~ South 00013'03" West, 274.54 feet to the TRUE POINT OF 'BEGINNING, said point being aTso a point on the centerline of Road Survey No. 426 (Manchester Avenue), a pJ at of whi ch i s dated February 7, 1928 and fi 1 ed i n the Offi ce of the Count,y Engineer of said County; thence continuing along said f asterly line South 00°13`03° West, 747.91 feet to the Northwesterly li:ne of Lot 26 of said County of San Dieao Tract No. 4254, and the POTNT OF TERMINUS. The Westerly sideline of said 15.00 foot wide strip shall be lengthened and/or shartened so as to terminate Northerly in said centerline of Road Survev No. 426 and Southerly in said Northwesterly line of Lot 26. ~ . p 1987 T'tie Grantar may, at his own risk( the surface of the above described r~' property in a manner that will not inter- fere wiih 'or be detrimental to the use of said easement and right-of-way by ~:}tee, its successors and assigns, provided 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 ar kind that wiU interfere with the use of said easement and right-of-way by Grantee; its successors or assigns, or that wilC interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. 7he Grantee hereby covenants and agrees for itself, its successars and assigns, not to prevent the Grantor, his successors or assigns, from crossing over said. real property and agrees that the Grantor, his heirs; successars 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 instaflation of any pipe line by it in any exeavation made by it in the above clescribed easement and right-of-way it will backfill any such excavation made by it so as to fill said exeava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiied, asphalt or concrete sur- face with like material and will repface any fence removed by it. Executed this day of , 19..- MANCH B: , . B: : , i STATE OF County of On , 19_, ef e me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same: : 4/Vitness my hand and official seal. V Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT , a palitical corporation and/or governmental agency is hereby ac ep ted on behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted or March Z0, ~y79 and the Grantee consents to the recordation thereof by its duly authorized officer. Dated CCSF. 85.29, 5/77 _ 1988 _ _ San 625 North Vulcan Avenue Leucadla, Californla 92024 Dieguito 619/753-6491 Union High School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 State of California, County of San Diego On this ~j day of aT , in the year 1988\before me, the undersigned, a notary public in and for said State, personally appeared ERIC J. HALL, known to me to be the D7RECTQR, ADMIPJISTRATIVE StRVICES, of the SAN DIEGUITO UNICIN-HIGH SCHOOL DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public agency, and acknowledged to be that such SAN DIEGUITO UNION HIGH SCNOOL DISTRICT executed the same. Witness my hand and official seal. ~ i i . . . . ~ . ..~.-u`~..'k..,[.Cn OFFICIi~~.Nlj~L . a.Y..eua ~0.\v. EL_G?3N~^+~'~l~Y~,7. 31§9Y):5.~~x8S'+Jp 3V~ . . NoiarY Put:lic l~rrernia d'~~~ {''ii~cipal ~fl,.c {n m San DEC,..^ Co+.ssriYy My Cornrn Exp. Ji:ne 2, 198 ~ ~-~-~~-~•~-~-r~-.~~-~..~~ 'I 198(` WHEREAS, those parties concerned, desire'to have said deed of Trust subordinated to said DOCUMENT; . NOW, THEREFORE, for valuable consideration, the receipt of whicH is hereby acknowl.edged, trie undersigned BENEFTCIARY hereby waives the priority of said Deed of Trust in £avor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. o r Dated the day of 19 ---~SAN DIEGUT'TO UN HI H SCHOOL DISTRIC'T ~ STATE~@ ss. Gounty of On 19 , . the undersigned. a Notary in and for said County and State, personal~a?peared known to me to be the person whose.name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal.: Na:tary Pyblic in and for said County and State This is to certify that the interest in real property conveyed by the foregoing Subordination Agr.eement to ' CARDIFF SANITATION DISTRICT a political corporation, and/or a political subdivision, is hereby accepted on behalf of its Board of Supervisors and/or its 8oard of pirectors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20. 1979, and the Grantee(s) consent(s) to recordatlon thereof by 1ts duly authorized officer. . Date RALP!-i M. WEISMANfd, Deputy Director (Acfin$) Rnal Property Management Dfvision - ~ ,.;3strnenf of General Services 5i 2 19903 ~7 7 WHFN Rt;,C~RyD:~.tl agC'~.F6~ S!~ M,xL .1's,pl~I IeYl1'1ET~ 9 TO: ~•~~'MS- I` . . . z {e . 1 L i. V / £ 3r City Clerk ~ . 6 13 P~11 1 F14~ City of Encinitas 8OCT 535 Encinitas Blvd., Ste. 100 Enc i n i tas , CA 92024 1 V~ t v,~~ f~#{~~~ F~~:~:(.7~tC~E~3 f~C:Q~.iES°~" t~F NO FEE NO TRANSFER TAX [lUE DEPT. ~ENERAL SkRVIc,F~ i SPACE ABOVE FOft RC:CORDFR' S USE ONLY~..~ SUf30RflINA1'TON AfRFI:MENT NO`fICE: THIS SUBORqINATION AGREFMEIdT RF5UL.TS IN YOUft : SECURTTY IN1'ERE5T IN THC PROPERTY BEC(1MING SUBJEt;T _ TO ANQ OF L.OWER PRT(IRITY THNN THE LIEN pF SQMk QTHfR UR LATFFi INSTRUMENT ASSessar's Rarcel Project: TM4606-lZMANCHESTER AVE. No. 2.62-~061-73 W.O. Na.: ~ TE5425 Parcel No.: 88-0272-A L.ag Na.: ~ 2 0- 07 WiiEREAS, that certain Deed of Trust between - ENCINITAS UNIQN SCH.OQL DISTRICT OF SAN DIEGO COUNTY , callectively ca'ller! BEPlEFTCIARY and MANCHESTER ESTATES, a genera1 partnership , co'liectively callecf TRUST(}R anci TRANSAMERICA TITLE TNSURANCE CQMPANY ct~~~~ed 7RUS`fEE and recor°cled September 22, 1982 as Fi lelPage tdo. 82-293474 in fhe o ce o e ecor er 7 n ~ oun y n an ffi eFo,`~~~e WHERFAS, said BENEFICIARY is the owner and hoider, of the nat.e and rather evidence uf inriekatedness for which sa7d Deed of 1'rust was given far sectorifi.Y; an(J W'HEREAS8 ,.~.,~.Trustor ~..,.~,.~..m.. e ver 5r T) -as'7W-avP execu~'rr~'t~T~v'~r-e d-T"ci-TW6-~~,~~. CITY 0F ENCZNITAS ~-ou-ff y"`-o-f Man 1 e g o ,7T-af e-o a a17[r° 7)1 F,-~F7 (r Ma~ rn~t"~- f,~, ~Trj ra n EASEMENT FQR SEWER LINES AND RPFURTENANCES which DQCUMENT(S) is set forf,h hpreinaffier as follawsr 1991 WHEN RECORDED, PLEASE MAIL 1 'HIS INSTRUMENT T0: ~ 1 City C1erk ~ City of Encinitas ~ 535 Encinitas B1vd., Ste. 100 1 Encinitas, California 92024 1 RECORDED REQUEST OF 1 Pf0 TRANSFER TAX DUE DERT. GENERkL SERVICfS 1 SPACE ABOYE FOR RECORDER' S USE ONLY EASENENT SEWER LINES AND RPPURTENANCES Assessor's Rarcel Pro,ject: TM4606-1/MANCHESTER AVENUE No. 262-061-73 W.O. No.: Parcel Na.: - -A Log No.: 289-07 MANCHESTER ESTATES, a general partnership hereinafter designated Grantor, awner of the hereinafter described lands, for a valuable cansideration, does hereby GRANT and CONVEY to CARDIFF 5ANITATION DISTRICT herein desiqnated Grantee, a perpetua easement an rig t-o -way upon, rou4 , under, over and across the hereinafter described real prapert_y for the installation, canstruction, 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 remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-af-way by Grantee, its successors or assigns and in addition thereto, ta remove soil and other materials within said rfght-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; tagether with the right af ingress thereto' and egress therefrom over said easement and aver such other routes as Grantor may specify, provided said rautes are p►~acti cal , acrass Grantor' s 1 and. 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 agencies. 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: Parcel No. 88-0272-A (7-28-88) (ENG:AT:mrt) A strip of land 15.00 feet wide lying within the East Half of the Southeast Quarter af the Southwest Quarter of Fractianal Section 24, Township 13 Sauth, Range 4 West, San Bernardino Base and Meridian, in the City af Encinitas, County of San Diego, State of California, included in that land described in deed to Manchester Estates, a general partnership, recorded January 9, 1979 at File/Page No. 79-009330 in the Office of the Gounty Recarder of said County, the Easterly sideline of said strip being described as follows: ~ 1992 r ~ Parcel No, 88-0272-A (Gont.) COMMENCING at the Northeast corner of said East Half of the Southeast Quarter of the Southwest Quarter of Fractional Section 24, said point being also the Northwest corner of Lot 4 of said Fractional Section 24 as shown on-Caunty of San Diego 7ract No. 4254, according to Map thereof No. 11055fi1ed in said Count.y ; Recorder's Office; thence along the Easterly line of said East Half ~ South 00°13`03° West, 274.54 feet to the TRUE POINT OF BEGIPlNING, said point being also a point an the centerline af Road Survey No. 426 (Manchester Avenue), a plat of which is dated February 7, 1928 and filed in the Office of the County Engineer of said County; thence continuing along said Easter1y line South 00°13'03" West, 747.91 feet to the Northwesterly -line of Lot 26 of said County of `San DieQO Tract No. 4254, and the POINT OF TERMINUS. The Westerly sideline of said 15.00 foot wide strip shall be lengthened and/or shortened so as to terminate Northerly in said centerline of Road Survev No. 426 and Southerly in said Northwester1y lirre of Lot 26. y I ~ 1993 The Grantor may, at his own risk~ :a the surface of the above described rrproperty in a manner that wi{l not inter- fere with or be detrimental to the ~se of said easement and right-of-way by~ ntee, its successors and assigns, provided no -trees shafl be planted or grawn thereon. I The Grantor hereby covenants and agrees for himself, his heirs, successors and: assigns, that there shafl not be constructed I or maintained upon the above described real property or within said easement and right-of-way any building ar structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. 'I The Grantee hereby cQVenants and agrees for itself, its successors and a5signs, nof to prevent the Grantor, his successars I 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 I Grantee hereby covenants and agrees that after the instalfation af any pipe line by it in any excavation made by it in , the above described easement and right-of-way it wilt backfill any such excavation made by it so as to fill said excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or conerete sur- face with like material and will reqiace any fence removed by it. - Executed this day of 19--- MANCH B • B: STATE OF Gounty of On , 19-, be , the undersigned, a Natary Pubfic in and for said County and State, personally appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real praperty conveyed by the faregoing deed or grant to the CARDIFF SANITATION DISTRI['T , a political corporation and/or governmental agency is hereby ac~ep79d on behalf of its Board, pursuant ta authority conferred by Resolution of said Board adopted or March Z0, 19 and the Grantee consents to the recordation thereof by its duly authorized officer. Dated CCSF, 85.29, 5/77 ' 1994 WHEREAS, those parties concerned, desire to have said deed of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said bOCUMENT had been executed prior to said Deed of Trust. Dated the day of , 19 . NCTNTTAS UNTON HIGH SCHOOL DTSTRICT : ~i✓ . } STATE OF CALIFORNIA )ss. COUNTYOF San Diego ~ in and for ~ On AUgUSt 8, 1988 , before me, the undersigned, a Notary Public in and for y i Hro said State, personally appeared Donald E. Lindstrom and , V n/a , personally known to me (or proved to me on the E Q c basis of satisfactory evidence) to be the persons who executed the within instrument as a iL E Superintendent RMipi~.lCMWiKxxxxxxxxxxxxxx~=gt?zx on behalf of ~ 0 C) Encinitas Union School District , U ro the corporation therein named, and acknowledged to me that OFFICIAL SE-AL 0 such corporation executed the within instrument pursuantto its ` ELIZABETH J. SPEER - ~ NOTARY PUBLIC • CALIFORNIA I ~ by-laws or a resolution of its board of directors. • SANDIEGOCOUNTv My Comm. Expires May 12,1989 ' WITNESS my hand and official seaL Signatur (This area for official notarial seal) , regoing a political corporation, and/or a political subdivision, is hereby accepted on behalf of its Board of Supervisors and/or its Board of Directors pursuant to authority d conferred by Resolution of said Board(s) adopted on March 20. 1979,, and the Grantee(s) consent(s) to recardatlon thereof by its duly authorized officer. Date R.ALPN M. WEISNIANN, Deputy Director (Actina' Praperty Management Division Department of General Services , WHtW RECQRDED, PLEASE MAIL( TH I S I NSTRUMENT T0 : 1 1995 r~1" ~y~ c 1 ~ T City C1erk ~ - ' Cit,y`of Encinitas 535 Encinitas Blvd., Ste. 100 Enci ni tas, Cal i forni a 92024 1 RECdRDED RFQIJEST OF 1 ",~;s IV~ NO TRANSFER TAX DUE DEP1`. GE~JEF~AL SER1v1CE5 1 SPACE AB(V~FOR RECORDER' S USE ONLY EASEMENT ' SEWER LINES AND APPURTENANCES Assessor's Parcel Pro.ject: TM4606-1/MANCHESTER AVENUE No. 262-061-76 W.O. No.: Parcel No.: 88- -q Log No.: 290-08 THOMAS E. KERN and MARY HELEN KERN, husband and wife hereinafter designated Grantors, owners of the hereinafter described lands, for a valuable consideration, do hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetua easement an rig t-o -way upon, t roug , under, over and across the hereinafter described real property for the installation, constructipn, 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 remove buildings, structures, trees, bushes, underqrowth, flowers, and an,y 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 constrtaction, reconstruction and maintenance of said sewer lines or structures incidental thereto; tagether with the right of ingress thereto and egress therefrom over said easement and over such other routes as Grantor may specif,y, provided said routes are practical, across Grantor's land. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, toqether with the, right to conve,y said easement, or any portion of said easement, to other public aqencies. The real property referred to herein and made sub.7ect 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: Parcel No. 88-0273-A (7-28-88) (ENG:AT:mrt) A strip of land 15.00 feet wide l,ying within Lot 26 of County of San Diega Tract No. 4254, in the'City of Encinitas, County of San Diego, State of California, according to Map thereof No. 11055 filed in the Office of the Count.y Recorder of said County, the sidelines of said strip lying 7.50 feet on each side of the following described centerline: I ~ . ~ 19 9(9 Parcel No. 88-0273-A (Cant.) COMMENCIMG at the most Westerly corner of said Lot 26; thence alonq the Southerly line thereof South 89°18'04" East, 232.33 feet to a point on a non- tangent 5255.00 faot radius curve concave Northwesterly, a radial line to said point bears South 38°52'04" East, said curve being also the Southeasterly sideline of that certain 22.00 foot wide sewer easement dedicated on said Map No. 11055; thence leaving said Southerly line and Northeasterly along the arc of said curve through a central anqle of 00°47'Q4", a distance of 71.95 feet ta the TRUE POINT OF BEGINNING, said point being also a point on a line that is parallel with and 7.50 feet Westerl,y of the Easterly line of the Southwest Quarter of Fractional Section 24, Township 13 South, Range 4West, San Bernardino Base and Meridian; thPnce non-tangent to said curve and along said parallel line North 00°13'03" East, 259.96 feet to the Northwesterly line of said Lot 26, and the POINT OF TERMINUS. The sidelines of said 15.00 foot wide strip shall be lengthened and/or shortened so as to terminate Pdortherly in said Northwesterly line of Lot 26 and Southerly in said Southeasterly sideline of that certain 22.00 foot wide sewer easement. 19 9'7 TVie'urantofi• may, at his awn risk~ the surface of the above described r( )roperty in a manner that wiil not inter- fere with or be detrimental to the ase of said easement and right-of-way by C;rantee, its successors and assigns, provided no trees v-hall 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 eight-of-way any building or strueture of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors 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 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 fevef of the surrounding ground, and will. replace any oiled, asphalt or concrete sur- face with like material and will reptace any fence removed by it. Executed this t"Y day of ow ~ OMAS E. KERN TO 1944 CA (9 e4) 1998 J TICOFt TITIE INSURANCE : , ; (Individual) STATE OF CALIFORNtk,, ~ SS. COUNTY OF , nbef e me the undersigned, a Notary Public in and for ~ ~ I Oa d States nally appeared W s Wrsonally known to me or W d proved to me on the basis of satisfactory evidence to be QFFICIAL SEAL the person=whose name` subs ribed to the KELLY LYNN RANDLE exe- ' NotAry PubliC-Californie ~ within instrument and acknowledged that Y~ SAN DtEGOCOUN7Y for said County ~ cuted the same. . ~ WITNESS my hand o4U. po , My ~nm. Exp. June 6,1992 I - ~ to the within Signatu _ (This area for official notarial seal) I i GAT. NO. NN00627 TO 1944 CA (9-$4) ~ TICOR TITIE INSURANCE (Individual) ~ STATE.OF CAL ORNI ~ SS. COUNTY OF kmyi ~ On before e, the undersigned, a Notary Public in and for i W said State, personally appeared ~ nt to authority ~ _ , p~ rsonally known to me or the recordation W , d proved to me on the basis of satisfactory evidence to be the person= whose name subs ibed to the a. ~FICIAL SEAL y within instrument and acknowledged that exe- KELLY LYNN RANDLE ~ cuted the same. o : Notary Publie-Callfomia r~ t SAN DIEGO COUNTY WITNESS my hand a ff'cial seal. My Comm. ExP. June 6, 1992 (Actirrg) ~ . , Sign . (This area for official notarial seal) ~ • _ , . . . - . . . . ►~a~EN R~~ORDED° P~.~~ASE M~aI~_ ~ 9 ~r~: i Z~ 1'.HIS INS'f~~MEN7' T0: City ofeEncinitas ~ ~~~CT 46 . 535 fncinitas Blvde, Ste. 100 ~ , Encinitas, CA 92024 1 ' I~34'UR~~-R j RECORpED REQUE5°C C~~ ~ NO FEE NO TRANSFER TAX (7UE UEP'i'. GENERAi SERVECEa321_SPACE A130VE FOR RECORDLR°S USE ONLY-- SUBORDINATTON AfREEMFNT NOTICF: T'HIS SUBORDINATION AGRi=f:INENT RESUIo'P'S IN YOUR SECURTTY INTCRFST IN TNE NkOPFRTY BECOM3NG 5liB,IEC'i` TO AND OF LOWFR PRInRI'FY T'HAN THE LIEN (lF Sl7ME qTHER OR LA7ER TNSTRtJMENT :Assessor''s Parcel Project: TM4606-1/MANCNfSTER AVE. No, 262-061-76 W.O. No.: TE5425 Parcel No, e 88-0273-A Lag No,: 290-09 _ WHEftEAS, that certain I.)Eed of Trust between ~o.~.,.~.. -SAN DTEGUITO UNION HIGH SCHpOL DISTRICT 4 collective1y callcd RENF!°ICTARY and : ATKINSON-KERN CQRPQRATION,, a California corporations~ col'leetive1y cal,ed TR9JS"f'OR ana TRANSAMERIGA TITLE INSURANCE COMPANY , cali1ed TRIfSTEF and recorded September 2, 1983 as C'iie/f,age Nr:iw 83-314455 'in ceo~e ecor er~ r~ e aun y~s~'" ~n Tf'ae~o~ .i47 nY'Y1lf1i a~`~`~` I WHEREAS, said BENEFICIARY is the owne►~ anc9 holder af the roote and other° evidemcP of indebtedness -for which said Deed of T'rust was given for security; anci WHEREgS, THOMAS E. KERN and MARY~HELEN KERN, husband and wife - - wi-ii"ex+c uFe °d `-nd-~'r~ °ivFr n°r FiasM_v-e `T:c~c-uTe`( ~:p GITY OF ENCINITAS oun ,y o ' an Diego, . e ~ °ta~`~~i~ai°r~~~`m`°;~°~h~i~ c~r •~r~` t~. ~~~i- l ~"ar~ EASEMENT FOR SLc-WER LINES AND APPURTENANCES ` which C)OCUME:NT(S) is set forth hereinaftpr as 9=nl'lows: _ _ ) WHE-W, RECORDED, PLEASE MAIL' j TN I S I NSTR'UMENT TO : 2000 1 City Clerk ~ Ci ty of Enci ni tas ~ 535 Encinitas B1vd., Ste. 100 1 Encinitas, Califarnia 92024 1 R'EC4RDED REQUEST OF 1 NO TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABOYE FQR RECQRDER' S USE ONLY EASE!'ENT ' SE4tER LINES AND APPl1RTENRNCES Assessor's Parcel Pro.ject: TNi4606-1/MANGHESTER AYENUE No. 262-061-76 W.O. No.: Parcel No.: 88- Loq ►do. 290-08 THOMAS E. KERN and MARY HELEN KERN, : husband and wife hereinafter designated Grantars, awners of the hereinafter described lands, for a valuable considerati an, do hereb GRANT and CONYEY Y to CARDIFF SANITATIdN QISTRICT herein designated Grantee, a perpetua easement an rig t-o -way updn, iraugi', under, over and across the hereinafter described real property for the f rtstal l ati on, eonstructi on, operati an, mai ntenanCe, repai r, repl aCement, arrd reconstructi an of SEWER pipe lines arrci/or mains, marrholes, sewer lateral pipe lines, and all structures irrcidental thereto; together with the perpetual right to remave buildirrqs, structures, trees, bushes, undergrowth, flowers, and any other obstructions interferinq with the use af said easement and right-of-way by Grantee, its successors or assigns and in additian thereto, to remove sail and other materials within said riqht-of-way and ta use the same in such manner and at such locatzons as said Grantee may deem proper, needful or necessary in the constriactian, recanstruction and maintenance of said sewer lines or structures inciciental thereto9 together with the right of inqre5s thereto and egress therefrom over said easement and over such other rautes as Grantor may specify, provided said rautes are practical, across Grantor`s land. Ta have and to hold said easement and right-of-way unto itself and unto its sucGessors and assigns forever, together with the right to canvey said easement, or any partion of said easement, to other public agencies. The real property referred ta herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County af San Diego, State of Galifornia, and is par~ticulariy described as follows: i , 'i Parcel No. 88-0273-A (7-28-88) (ENG:AT:mrt) : ~ A strip of land 15.00 feet wide lying within Lot 26 of County of San Diego Tract ~ No. 4254, in the City of Encinitas, County of San Diego, State of California, aecording to Map thereof No. 11055 filed in the Office of the County Recorder of said County, tMe sidelines of said strip lying 7.50 feet on each side af the ; following described centerline: ~ 2001 , - ~ Rarcel No. 88-0273-A (Gont.) COMMENCING at the most Westerly carner of said Lot 26; thence alonq the Southerly line thereof South 89°I8'04" East, 232.33 feet to a point on a nan-tangent 5255.00 foot radius curve concave idorthwesterlv, a radial l;ine to said point bears Sauth 38 °52'04" East, sai d curve bei ng al so the Southeasterly si del i ne of that certain 22.00 foot wide sewer easement dedicated on said Map No. 11055; thence leaving said Southerly line and Northeasterlv along the arc of said curve through a'central angle of 00°47'04°, a distance of 71.95 feet to the TRUE POINT OF BEGINNING; said point being also'a paint an a line that is parallel with and 7.50 feet Westerly of the Easterly line af the Southwest Quarter of Fractional Section 24, Township 13 Sauth, Ranae 4 West, San Sernardino Base and Meridian; thence non-tanqent to sazd curve and along said parallel line North 00°I3'03" East, 259.96 feet to the Ptorthwesterly line oi` said Lot 26, and the POINT OF TERMIPfUS. The sidelines of said 15.00 foot wide strip shall be lengthened and/or shortened so as ta terminate Northerly in said Narthwesterly line of Lot 26 and Sautherly in said Sautheasterly sideline of that certain 22.00 foot wide sewer easement. ; ~ i ~ , . ~ 2002 T,he Grantor ma,y, at his own risk, . :the surface of the above described rF roperty in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by Giantee, its successors and assigns, provided no trees shall bp 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 by Grantee, its successors or assigns, or that will interfere with the ingress or egress aiong said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its suceessors and assigns, not to prevent the Grantor, his successars or assigns, from crossing over said real property and agrees that the Grantdr, 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 r'rght-af-way it will backfill any such excavation made by it so as to fill said excava- ' tion as nearly as practicable to the levef of the surrounding ground, and will replace any oiled, asphait or concrete sur- faee with like material and will repface any fence removed by it Executed this day of , 19_. THOMA E. KERN MARY HELEK RN y/ Z_Z STATE OF County of pn , 19 , fore me, the undersigned, a Notary Pu61ic in and for said County and State, personafly appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. I i Witness my hand and official seal. : , Notary Public in and for said County and State ~I ~I This is to certify that the interest in real property conveyed by the foregoing deed or grant to the ~ CARDIFF SANITATION DISTRICT , a politica► corporation andlor governmental agency is hereby accepted on behalfi of its Board, pursuant to autharity conferred by Resolution af said Baard adopted or: •March 20, 1979 and the Grantee consents to the recorddtion I thereof by its duly authorized officer. Dated ~ I ~ CCSF, 85.29, 5/77 2003 San 625 North Vulcan Avenue Leucadla, California 92024 Dieguito 619/753-6491 Union High School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 - State of California, Cotanty nf 5an Diego On this ~ day of in the year 1988\,before me, the undersigned, a notary pub ic in and for said State, personally appeared ERIC J. HALL, known to me to be the DIRECTOR, ADMIPJISTRATIVE SERVICES, af the SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public agency, and acknowledged to be that sucn SAN DZEGUITO UNION !1IGH SCHOOL DISTRICT executed the same. Witness my hand and official seal. 4 r ~ tqOf~rtCiAL SzAL . . . . . ~.L6~.t'+NO~Y~M1 J. M4„'rRti$StJN . m ~ txrc,F`,: NotaryPublio- Cal`rxni~ Pnncipal Offiur ln San Gi .'s. C;c;s_inty My Comm Exp. Rsne 2, 19€39 . . . . . . . . . r . . WHEREA;~, those parties concerned, desire to have said deed of Trust subordinated to said DOCUMENT; . NOW, THEREFORE, for valuable eonsideration,.the receipt of which is hereby acknowledged, the undersigned BENEFICIARY 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 ta said Deed of Trust. ~ ; Dated the 4day of 19 ce.~' i • SAN EGUITO UN N HTGH SCHOOL DTSTRTCT , v • . , STATE~6 ss. County of 0n , 19 . the undersigned, a Notary in and for said ounty an State, personal'ly a~peared I Rown to me ta e the person whose. nams i subscribed to the wlLhin instrument. anacknowledged-that i executed the same. ; Witness my hand and official seal. . Notary Public in and for said County and State ~ This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to CARDIFF SANITATION DISTRICT ~ a po itical corporation. and/pr a political subdivision, is hereby accepted on behalf ' of its Board of Supervisors and/or its Board of pirectors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20, 1979,.and the Grantee(s) consent(s) to recordatlon thereof by its duly authorixed officer. Date - ?wMI^~NN, Deputy Director (Acting) V ai -i-opcrty management Division oepartment of General Services • - rw 2 2 7 T3 ~IAE~~ ~~~.COR~agE~~I, , €~L.l.ry~6~S~: NiA1L ~ 2005 r- ry~yi ~ Iilyd'.}'I~~SIRU.ilEN! p+ll• _ ,:L V c } ~.r~~;= Ci ty Clerk I ~ ~ City of Encinitas 1 535 Encinitas Blvd., Ste. 100 'Encinitas, CA 92024 1 3dECORC3E0 REQUE5T OF .f NQ TRANSFER TAX [)UE 6~EPT.G'-.iVERAL SERVlC,Ea1 SPACC ABOi(E f0R f2E:CORnER`S !!SE 0NLY ~ 5U(3ORDZNATIbN Al;RECMERlT NOTIGF: 7NrS SUBOR[7INAT:ION ACRFEM[:NT RE:Sl1LTS IN YO11R SECURITY INTERkST IhJ THF PRt7PE12TY BECQNIING SUBJEC°(7U A►dp OF [..(1WER PRIORI7Y Tfil',N TNE LtEN OF 50ME O1'HEft OR l.ATFR INSTRl{MEN1` Assessor's Parcel Praject: AVE• No,~?b2_-O6L-.? 6..~.~. W, a. Na.: T E 5 42J-.--_- Parce1 Noe: 88-0273-A Log Naoo - - 290-10_W~ ~ WW~~FAS, that certain L1epd nf 'i'rust betti,reen _ SAN EILIJO, LTD., a limi.,ted~artnershi,~ _.....~.~w : RI~CHARD, STAUNTON PlAISH and JpHN CARROL NAISH~RAYMONDC. SEBOLD„~n,d. MAR,~GARET W.,~EB D ~ husband and wifei VERNA ROCKEFELLER~, a widow~~~~~~ct•dvely calied F3LNF:FICI'ARY and THOMAS E. KERN and MARY NELEN KERN, husband and wife , collective'gy calied TRl"sS"I`O!? and FTRST AMERTCAN TITLE INSURANCE COMPANY r.'a`iled II?USIEC arsd reCorded Octo6er 9, 1984_- as F'i7e/Prige Noo 84-382887 ;~c~ o~~ie Recra~" •r~~.r 'ir~ ~ ,our~~0 -;~n f`~') o -STa-Fe--oT7 i orn1 -diTd-.._.r-- WHEREEIS,, said QENEFICIARY is ttie owner and ha'idEr af the nrt~ and rather evidLnt.e of' 7ndebtedness for which said Deed of Trust was giv~n fr,►~ ~ecurity; and WMEREAS, Trustor ....~._.~...,.m.._.~_..m.,...~....~~.._.~....~....~...~.~....~.___w..v..~~...v~..~.~_..,~~._ w., , . ~..w.d.~~,. ...~n.~...... ;~K.. ~ ..~..~.,.~m~,..:~. ~.,...~.y....,.~...~ T'C"1 CITY OF ENCINITAS ~_...~.w.~._~.~.._.~.,,~..~ ~i'~i~'~'~~~~~i~~~~~ ~un y ~ `~~~~ii~~o, ,~t~~t~~~`~,t'`Aiwi" z.~r~ni:~~~'~'a~:" c~:r :a1 EASEMENT FOR SEWER LINES ANU APPURTENANCES whieh DUCtlh9ENT(S) is set forth hereinafter as follfjws. Wii~rN RE-CORDED, PLEASE MAI(I1 2006( ~TFf I S I NSTRUMENT TO : 1 1 City Clerk ~ Ci ty of Enci ni tas 1 535 Encinitas Blvd., Ste. 100 ~ Encinitas, California 92024 1 RECORDED REQUEST OF 1 NO TRAhtSFER TAX DUE DEPT. GEMERAL SERVICES 1 SRRCE RBOVE FOR RECORDER' S USE dNLY EASEMENT SEWER LINES AND RPPURTENANCES Assessor`s Parcel Pro.ject: TM4606-1/MANCHESTER AVENUE No. 262-061-76 W.O. No.: Parcel No.: 88- - Log No.. Z90-08 : THOMAS E. KERN and MARY HELEN KERN, husband and wife hereinafter designated Grantars, owners of the hereinafter described lands, fo►~ a valuable consideration, do hereby GRaNT and GONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetua easement an rig t-a -way upon, tTroug~nder, over and across the hereinafter described real property for the installation, construction, aperatfon, maintenanee, repair, replacement, and reconstruction af SEWER pipe lines and/ar mains, manholes, sewer lateral pipe lines, and all structures incidental thereto; together with the perpetual right 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 additian thereto, ta remove soil and other materials within said right-af-way and to use the same in such manner and at such locatians as said Grantee may deem proper, needful or necessary in the canstruction, reconstruction and maintenance of said sewer lines ar structures inciciental thereto; together with the riqht of ingress thereto and egress therefrom over said easement and over such other routes as Grantor may specify, provided said routes are practieal, across Grantor's land. To have and to hold said easement and right-of-way unto itself and unto its successars and assigns forever, together with the right to convey said easement, or any portian of said easement, to other public aqencies. 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, Caunty of San Diego, State of California, and is particularly described as follows: Rarcel No. 88-0273-A (7-28-88) (ENG:AT:mrt) ~ A strip of land 15.00 feet Wide lying within Lot 26 of Caunty of San Diego Tract No. 4254, in the Gity of Encinitas, County of San Diego, State of California, ' accarding to Map thereof No. 1I055 filed in the Office of the Courrty Recorder of I said County, the sidelines of said strip lying 7.50 feet on each side of the following described cerrterline: I ~ ~ ~ , i ~ 2007 Parcel No. 88-0273-A (Cont.) COMMENGING at the most Westerly corner of said tot 26; thence along the Southerly line thereof South 89°18`04° East, 232.33 feet to: a point on a non-tangent 5255.00 foot radius curve concave Narthwesterly, a radfal line to said point bears Sauth 38°52'04": East, said curve being also the Southeasterly` sideline of that certain 22.00 foot wide sewer easement dedicated.on said Map No. 11055; thence leaving said Southerly line and hlortheasterlv along the arc of said curve ~ thraugh a central angle of 00°47'04°, a distance of 71.95 feet to the TRUE POINT OF BEGINNING, said point being also a paint on a line that is parallel with and 7.50 feet Westerly of the Easterly line of the Southwest Quarter of Fractional Section 24, Township 13 South, Ranae 4 West, San Bernardino Base and Meridian; thence non-tangent to said curve and along said parallel line North 00°13'03° East, 259.96 feet to the Narthwesterly line of said Lat 26, and the POINT OF TERMINUS. The sidelines af said 15.00 foot wide strip shall be lengthened and/or shortened so as ta tenninate Northerly in said Northwesterly line of Lot 26 and Southerly in said Southeasterly sideline of that certain 22.00 foat wide sewer easement. , 2008 ~ The Grantor may, at his own risk,.e the wrface of the above described ProPertY in a manner that will not intei fere with or be detrimental to the use of said easement and right-of-way byti~arltee, its successors and assigns, provide no Yrees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his heirs, successors and assigns, that there shal) not be constructe or maintained upon the above described real property or within said easement and right-of-way any building or structur of any nature or kind that will interfere with the use of said easement and right-of-way by Grentee, its successors c assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assign The Grantee hereby covenants and agrees for itseff, its'successors and assigns, not to prevent the Grantor, his successo or assigns, from crossing over said real property and agrees that the Grantor, his heirs, successors and assigns, may enjc the continued use of the surface of said real property herein described, wbject to the conditions above stated; and tt Grantee hereby cavenants ahd agrees that after the installation of any pipe line by it in any excavation made by it i the above described easement and right-of-way it wil) backfill any wch excavation made by it so as to fill said excav tion as nearly as practicable to the level of the surrounding ground, and will replace any uiled, asphalt or concrete su face with like material and will replace any fence removed by it. day of Executed this 7HOMAS E. KER : RY ELEN K STATE OF Voreme, County o f 19..., e undersigned, a Notary Public in and for said Coun On and State, personally appeared known to me to be the person whose'•flame subscribed to the witr instrument, and acknowledged that executed the same. Witness my hand and official seal. ~ j Notary Public in and for said County and State ~ ~ ' This is to certify that the interest in real property canveyed by the faregoing deed or grant to the C I I ISTRICT ~ a political corporation and/or governmental agency is hereby acxepted on behalf of its goard, pursuant tb author: conferred by Resolution of said Board adopted on -March 20, 1979 and the Grantee consents to the recordati thereof by its duly authorized officer, Dated zU!Jy ~ , WNEREAS, those parties concerned, desire to have said Deed of Trust subordinated *o sald DOCUMENT; NOW. TNERf FORE, for valuable consideration. the receipt of which is hereby acknowl- edged, the undersiyned BENEFICIARY hereby waives the priority of said Deed of Trust 1n favor of said DOCIMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. Da ted th 1 s day of . 19 SAN EILIJO, LTD., a limited nartnership r. RAYM D C. SEBOLD . Bv: ~ ~ MARG ET W: SEBOLD By: , . VERNA ROCKEFELLLR By; ro 442 C (Partnership) ' ` ►ri STATE OF CALIFORNIA COUNTY OF ~dt O ~ SS. 1 n~'t before me, t e undersigned, a Notary Public in and for said State, personally appeared A yoe,?Wa S'`SoLP /t1sE.424412G``T LU A a ~aC/ ~~FErZ ~ Z W z 2 known to me a to be ~.J of the partners of the partnership • • a that executed the within in ument, and knowledge to me ~ N that such partnership execute the same. OFFlCIA(. $EA{, ~ WITNESS ~ y hand and o$'ic' s al. ~wi(ELI.Y tY1dN RANOLE Nottry P+"10-Celifwmla Signa Uff DIEGO C041NTY fuiY CdM. Exp. iune 611992 Name (Typed o rinted) (This area for official notarial seaq . . . . . . This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political subdivision is hereby accepted on behalf of the Board of Supervisors of said Caunty of San Diego pursuant ta authority conferred by Resolution of said Board adopted an MarCh 20, 1979, and the Grantee consents to recordation thereof by its duly authorized officer. Date By • ; : RALP IS f, Depu y Director (Acting) Real Property Management Division Department of 6eneral Services 2010 WNEREAS, those parties concerned, slesir~ ~o have saidDeed af Trust subardinated to said UnCUMENT; P9AW, 7PiEREFORE, for valuable considerationo the receipt of whic.h is hereby acknow1- edged', the undersigned BENEFICIARY hereby wa3ves the priority of said Ueed of Trust in favor of said DOCf.iMENT ta the same extent as if said nOCUMENT had b~en executed , prior to said peed of Trust. Uated th i s day o f 19 SAN EZLIJO, LTD. a limited partnership f7-"'v~-'r~ - - - RICHARD STAUNTON NAISH -----N - B Y : ~ - - - - - By~.~.~,...._.. MARGARET W. SEBOLD RAYMOND C. SEBOLD ~ VERNA ROCKEFELLER 5TATE QF ~ Fox i A ~ ~s. County of A.Lom-~e Qn ~ , 19~~ before me, the undersiyned, a Notary. in and for said~Ca nty and 5tate, persona1ly appeared _:3-0 4 I ~ L .S ~ known to me to be the person whose.name subscribed to the withiri instrumerit, aiid acknuwledged that ~e~ . executed the same. Witness my hand and official seal, OFFICIALSEAL ) µ , I.ILfAPI M. FiCP~~RTS ary Publl*-Cmlifomla C-")e ~~ALAM~O/1 ~UNl'Y Notary Public in and i`or said County and State my comm.amp,F.n:v,Ieee Thi s i s to certi fy that the -i nterest inrea1 property conveyed by the for egoi ng 5ubordination Agreemerit to -CARDIFF Sl1NITATIOPd DISTRICT ~~~•~~~~s~R a pnlitical corporat~~n, and%.or a political sulxiivis~4ons is reby ~~:c~ipf~d - (~n bCalt of its Board uf Supervisors a;nd/or -its Haard of Uirectors pursLiar9t tta autho6•it;y conferred by Resolution of said Board(s) adopted ori March r'0b 19193 and -tbl@ Graritee(s) consent(s) tu r°ecordatiun thereof fsyr its duly aulthor°-6;zed offi~erm Date ~P 2 1 10 - - - ' ` M {~A - , fS N c~inq~ Real Property Management Division L7epartment of General Services t, . " i zoii ~WHEREAS, those parties concerned, desire to have said deed of Trust subordinated to said DOCUMENT; . NOW,'THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY 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. Dated the day of 19 00 . SAN ET IJD, LTD. A O~TTED PARTNERSHIP ~ , ~CAT. NO. NN00630 To 21946 CA (1-83) J TICOR TITLE INSURANCE : (Partnership) STATE OF CALIFORNIA 1 ss COUNTY OF San Die2o f t On August 9 1988 _ before me, the undersigned, a Notary-Public in and for na11d fOr said State, personally appeared Kenneth Libertv W C _ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as ont, of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. OFFICIAL SE ELIZABETH J. SPEER WITNESS my hand and official seal. ~ NOTARYPUBLIC•CALIFORNIA SAN DIEGO COUNTY a" My Gomm. Expires May 12, 1989 ~ Signature~ (This area for official notarial seal) This is to certify that the interest in real property conveyed by the forego'ing Subordination Agreement to CARDIFF SANITATION DISTRICT a po itical corporation, and/or a political subdivision, is hereby accepted on behalf of its Board of Supervisors and/or its Board of Directors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20. 19796 and the Grantee(s) consent(s) ta recordatlon thereof by 1ts duly authorized offlcer. . Date -P~ ` ~ RAI.PH M. WEISMANN, Deputy birectur (Acting) Real, ('roperty Prlianagement 6ivision Department of General Services 0 7 7A wHEN RECORDED, PLFASE MAIL, THIS INS►RifMEN'r TO: r 7 f £R~? ~ City Clerk ~ 'City of Encinitas 7 rj'41 13 535 Encinitas Blvd<, Ste. lOb ~ Encinitas, CA 92024 ~ qD~..~ 7 ~ . RCCORDl:D REQUESI" OF ~C? Nq TRANSFER 7AX dllE DEf'T. GENERAL. 5ERViC,E 1 SPACE ABOVE FOR RECOCtDER' S U5E nNL.Y S116f]RDINA1`IUN ACREEMENT NOTICF: TNIS SUBORDINA7tON AGREFMFNT RESULYS IN YOUR SECURITY INTEREST Ih! T'IiE PROPERTY BECOMING SURJErT TO AND OF LOWER PFtIORITY THAN THE LIEN OF SOMF,. OTNER f1R LATER INSTRIJMENT Assessar's Parce1 nra,ject: TM4606-1/MANCHESTER AVE. No. 262-061-7~ W.O. Na. ; TE5425 ~ parcel Nu.a 88-0273-A Log No.: 290-11 i MfHEREAS, t;hat certain f_lped of 7rust bei;ween q~,,. - - , ' RANCHO SANTA FE NA7IONAL BANK , coy{ l Pctively cal 'red BE°NhFICIARY -irtid THOMAS E. KERN and MARY HELEN KERN, husband and wi fe collect;ively called 1'RUSTOR and TZCOR TITLE INSURANGE COMPANY QF CALIFORNIA ~~~~~ed TRUSTEE and recorded Au ust 15, 1985 yas Fi1e/Page NA. ~ 85-293762 I =in-TFP-WTce o - eE~corU-e-r`°7n eoun y a , anT`Tfeg~~; '§.t`a UT-"ral-i c~r-a; an°~t ~ WHEREAS, said BENFFICIARY is the owner and ho7dcr af the nnte ancl other evid.ence of inrlebteciness for which said Deed of Trust was given far security; and WHEREAS, Trustor • - ,..~....d.. w execu F-5nc. e~v~~ i ! CITY OF ENCTNxTAS _ 4un, y a . an iego, , ~a e t~ ,a ~~"I i~'ei~°n~~~`_Y;~~~ : EASEMENT FOR SEWER LTNES AND FlPPURTENANCES which CIQCUMEN7(S) is set forth hereinafter as fa1laws: WHEN RcCORDED, PLEASE MAI( ~ 2013 THIS INSTRUMENT T0: ~ 1 City Clerk ~ City of Encinitas ~ 535 Encinitas Blvd., Ste. 100 1 Encinitas, California 92024 1 RECORDED REQUEST.dF 1 NQ TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABOVE FOR RECORDER' S USE ONLY EASElENT ~ SEWER LIMES AND APPURTENANCES Assessor's Parcel Project: TM4606-1/MANCHESTER AVENUE No. 262-061-76 W.O. No.: Parcel No.: 88- Log No.. 290-08 ` THOMAS E. KERRI and MARY HELEN KERN, husband and wife hereinafter designated Grantors, owners of the hereinafter described lands, for a valuable consideration, do hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herein designated Grantee, a perpetua easement an riq t-o -way upon, roug , under, over and across the hereinafter described real property for the installation, construction, operatian, mairrtenance r~e air re lacement ar~d reconstructia ~ P ~ P ~ n of SEWER pipe lines ar►d/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto; together with the perpetual right to remave buildings, structures, trees, bushes, undergrawth, flowers, and any other obstructians interfering with the use of said easement and right-af-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to vse the same in such manner and at such loeations as said Grantee may deem praper, needful or necessary in the canstruction, reconstruction and maintenance of said sewer lines or structures : incidental thereto; together with the right of inqress thereto and egress therefrom aver said easement and over such other routes as Grantor may specify, provided said routes are practical, across Grantor's land. ! 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 agencies. The real property referred ta herein and made sub.7ect to said easement and right-ofeway by this rant is situated in the 9 Cit of Encinitas, Count.r of n Di y Sa e9o, State of California ~ and is particularly described as follows: ' Parcel No. $8-0273-A (7-28-88) (ENG:AT:mrt) ~ I A strip of land 15.00 feet wide lying within Lot 26 of County of San Diego Tract I No. 4254, in the City of Encinitas, County of San Dfego, State of Califarnia, ! according to Map thereaf No. 11055 filed in the Office of the Gaunty Recarder of 'i said Gounty, the sidelines of said strip lying 7.50 feet on each side of the ~i fallowing described centerline: ~ 2014 Parcel No. 88-0273-A (Cont.) COMMENCING at the most Westerly corner of said Lot 26; thence along the Southerly line thereof South 89018`04" East, 232.33 feet to a point on a nan-tangent 5255.00 foot radius curve concave Narth►,esterl,y, a radial line to sai.d` point bears South 38 °52'04° 'East, sai d curve bei ng al so the Southeasterly si del i ne of that certain 22.00 foot wide sewer easement dedicated on said Map `No. 11055; thence leaving said Southerly line and Northeasterlv along the arc of said curve I . thr°ough a central angle of 00°47'04", a distance of 71.95 feet to the TRUE P4INT OF BEGINNING, said point being also a point on a line that is parallel with and - 7.50 feet Westerl,y of the Easterly 1 i ne of the Southwest Quarter of Fracti onal Section 24, Township 13 South, Ranae 4 West, San Bernardino Base and Merldian; thence non-tangent to said curve and alorrg said parallel line North 00°13`03" East, 259.96 feet to the Northwesterly line of said iot 26, and the POINT OF TERMINUS. The sidelines of said 15.00 foat wide strip shall be lengthened and/or shortened so as to terminate Fdartherly in said Northwesterly line of Lot 26 and Sautherly in said Southeasterly sideline of that certain 22.00 foot wide sewer easement. 2015 The` Gcan'*.or may, at his own ris~ .;e the surface of the above described j property in a manner that will not inter- fere with or be detrimental to the use of said easement and right-of-way by u,rantee, its successors and assigns, provided no trees shall be pfanted 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 by Grantee, its successors 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 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 af any pipe line by it in any excavation made by it in the above described easement and right-o#-way it will backfill any such excauation made by it so as to fill said excava- tion as nearly as practicable to the {evel of the surrounding ground, and will replace any oiled, asphalt ar concrete sur- face with like material and will replace any fence removed by it. : Executed this day of , 19_ THOMAS E. KER MARY E. K STATE OF ~ ss. County of On , 19-, e are me, the undersigned, a Notary Public in and for said County and State, persona{ly appeared 'known to me to be the person whose -°name subscribed to the within instrument, and aeknowledged that executed the same. ~ Witness my hand and official seal. NQtary Public in and for said County and State ~ This is to certify that the interest in rea4 property conveyed by the foregoing deed or grant to the I` CARDIFF SANITATION DISTRICT : ~ a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authonty conferred by Resolutian of said Board adopted or: -MarCh 20, 1979 and the Grantee consents to the recordation thereof by its duly authorized officer. : f Dated I I CCSF, 85.29, 5/77 2016 ~WHEREAS, those parties concerned, desire to have said deed of Trust subordinated to said DOCUMENT; . NOW, THEREFORE, £or valuable consideration, the xeceipt of which is hereby acknowledged, the undersigne8 BENEFICIARY hereby waives the priority of said need of Trust in favor of said DdCUMENT to the same extent as if said DOCUMENT had been executed prioz to said Deed of Trust. Dated the day of , 19 RANC SANT E NATIONAL B V'V , CAT. NO. NN00737 : ; T°'945 CA c$-84, J TICOR TITIE INSURANCE (Corporation) STATE OF CALIFORNIA 1 SS COUNTY OF San Diego j On A„a„cr_ 14RR before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN HERSHFELD ~ personally known to me or proved to me on the basis of satisfactory evidence to be tlie person Vice ho executed the within instrument as the President, and personally known to me ar pFFICiAL aIAL i proved to me on the basis of satisfactory evidence to be , q$ LORENA M. TAYLOR n al1d F01" a the person who executed the within instrument as the Secretary o f t he Corpora tio n FJOTAR'P 6'UBllC-CALIFORfdIA k~ r IiRINf.'IPAI.OFFICE IiV that execiuted the within instrument and aclcnowledged gpy o1EGO Cc~UNTY ' to me that such corporation executed the within instru- ~ ~ ment pursuant to its by-laws or a resolution of its ~~~~mmission Ex~p. Jan. 21,1989 board of directors. ` WITNfiSS my hand nd fficial seal. (Thisarea for official notarial seal) Signature Natary Pub]1c in and for said County and 5tate This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to CARDIFF SANITATION DISTRICT a political corporatian, and/or a political subdivision, is hereby accepted on behalf of its Board of Supervisors and/or its 9oard of pirectors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20. 1979s, and the Grdntee(s) consent(s) to recordatlon thereaf by its duly duthorized officer. , DAte X;z . PAa.PIH M. VVLlSNiANN, Deputy Director (Acting) F0ai ('raperty tvianagement Division DE:partment of General Services