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1994-655273 N°-0655273 , )A1~~ ~ 199 :NOtJ- 1994 1 0=1 5 AM . ~ ~ OfFICIRI ftECdRa5. SAN DIEGQ Cai1hITY f~ECaf~DER'S QFFICE Recording Requasted by a ) (i(iEGQftY S~IITH, COUNTY RECORdEC~ eardi:e~ s~nitation District ) 473 FEES: 4.00 ~ When Recordad, Mail tos District EnSineer cardiff Sanitation District ) 503 South Vulcan Avsnue , Encinitas, CA 92024 For the benetit, of_ he Di,gt,ri,= ) SPACE ABOVE FOR RECORDERS' 3 USE ONLY SEWER EASEMENT . - ` Assessor's Parcel Project No. _ 264-101-36 W.O. No. DC-2183_ LOREN NANCARROW AND SUSAN MARIE NANCARROW hereinafter designated Grantor(s), owner(s) ot the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CoNVEY to the CardifP Sanitation District herein desiqnated Gzantee, a perpEtual `Qxclusive easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer latexal pipe lines, and all structures incidental thereto, together with the perpetual right to remove buildings, fences, structures, trees, bushes, undergxowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assiqns and in addition thereto, to remove soil and other materials withzn said right-oP-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary in the constx-uetion, reconstxuction and maintanance at said sewer lines or structures incidental thereto, Ta have and to hold sazd easement and right-oP way unto itself and unto its successors and assiqns Poraver, together with the riqht to convey said easement, or any portion oE said easezent, to other public agencies, tf/04/cov2-251wp5 (3-18-91/1) ~ SCANNED , t, ~ ( T'Ifte real property referred to herein and mada subject to said 474 easement and right-of-way by this grant is situated in ths City of 'Encinitas, County of San Diego, State of California, and is particularly described as follows: see Exhibit "A" and Exhibit "B" attached hareto and made a part by hereof by this referRnce. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to use of said easement and right-of way by Grantee, its successors and assigns, provided no trees sha11 be planted or grown thereon and the entire area encumbered by the sewer easement shall be graded glat and unobstructed at all times, unless authorized by the Grantee in writing. ; The Grantors hereby covenant and agree for themselves, their 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 buildings or structures of any nature or kind that will interfere with the use of said easement ; and right-og-way unless authorized by said Grantee, its successors ; or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When - authorized by the Grantee, gates wi11 be permitted as long as said gates remain unlocked, or, if l.ocked, then GXantee shall be provided with a key at all times. In addition, Gxantors, their successors or assigns, will be responsible for all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. The Grantee hereby covenants and agrees for itself, its succe5sors ` and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns may enjoy the continued use og the surface of said real property herein described, subiect to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line in any excavation made by it in the above described easement ! and rfght-of-way Grantee will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level oF the surrounding ground, and will replace any oiled, asphalt or concrete aurface with like material. . tg/04/cov2-251wp5 (3-18-91/1) . 4 75 ~ , q`'L • Executed this day ot CC:C.~- 19 8Y t _ U~-~~►~- _ . By (signature of OWNER must be notarized. Attach the appropriate acknowledgement.]. , ~ SEE ATTACHED CALIFOfN1A AIIARpOSE ACKNOWLEDGMEH1' This is to certify that the interest in real property conveyed by the fpregoing deed or grant to the SA.RDTFF SANITAITON DTSTRICT a political corporation and/or governmental agency is hQreby accepted on behalf oE its Board, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and Grantee consents to the recordation thereof by its dUly authorized officer. . Dated: Distr ct Manag3r CardifP Sanitatiefl.,s?istrict. I ` tf/04/cov2-251wp5 (3-18-91/1) , 47s: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na 5907 State of CAL I FORN I A County of SAtv DIECo On fyi- ~IT~ 1a1~~ before me, Dionne M. Beeson, Notary Publ ic DATE NAME. TITLE OF OFFICER - E.G., "JANE DO , NOTARY PUBUC" ' personally appeared Lnce Q ` 1\nx\Lracco~ cx~cl~v~Z~ ca~C.GrC 0~, NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar subscribed to the within instrument and ac- knowledged to rne that he/sh_ he executed the same in his/her/ ei authorized capacity(ies), and that by his/her/ eir • pipnne M. i~esson~ signature(s) on the instrument the person s), o~co3ssz2 ^ or the entit u on behalf of which the C1= 7ARY PU94.lS% • CAIIFOAM1~Aw Y P F RN,. ~E°~,0°,~,;;TM9% ~ person(s) acted, executed the instrument. my h official seaL , SIGNAT R NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OFATTACHED DOCUMENT ~ INDIVIDUALS ❑ CORPORATE OFFICER ))C W TITLE OR TYPE OF DOCUMENT TITL.E(S) • ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ' ~ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ~ o DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) - \ ~ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309•7184 ~ 477 . J.N.83-165 June 16,.1884 EXHIBIT'A' LEQAL DESCRIPTI4N _ FOR PUBUC SEWER EASEMENT (APN: 264101-36) An easement for public sewer purposes over, under, along and across that portion of Parcel 2 of Parcel Map No. 1185, in the Ciry of Encinitas, County of San Diego, State of Californfa, filed in the Office of the County ReCOrder of San Diego County, December 21, 1972, more particularly described as follows: Beginning at the Northwest corner of said Parcel 2; thenca along the Northerly line of said Parcel 2 1, North 87055'22" East 187.64 Feet; thence leaving North erly Iine of said Parcel 2 2, South 58°56'45" West 20,65 Feet to a point which is, arallel with and distant 10.00- feet measured at right angles outh of the Northerly line of said Parcel 2; thence along a Iine paraliel to Northerly line of safd Parcel 2 3. South 87055'22" West 169.62 Feet to a point on the Westerly line of said Parcel 2; thence 4. North 1048'54" West 10.00 Feet to the POINT OF BEGINNING. Contains in all 1,787 square feet, more or less, Nancanow , i ~ ~ i ~ es1e5,tac. z I 4 78 AM ro'Pu Iroao ~MsEMENr ~PUacrc urlclry / foRruAIQ RrlNCII RIMP r .0.8. 9?0,00; • ~ ~ ~81.64 ~19?.3G.' - ~ a N87'yy'2?"E 49-6f' Ng~'yG~~S'E 2045' ~ EQCEMENT o GRaNrEO ro CaRo1,otl seNtTQTiuN pISTR/Cl' o . Q.P.N. ?~•lDl•~G ~ 0 0 ~ PCL 2 ~ M % N ~ PiM 2 ° r r ~ ~ 1 V W ~ SCQC~~ ly GD ~ ~ ° i ~ ~ ' o ~ 0 w ~ ~ ~I N81'Sg'74"6 319,99' ~ r L CI 3 . - I ~ ~o~ nra. q3 • IG5 SOWARDS roo BROWN ENGINEERING, INC,` CONSUl11NC ENpNEERS 2107 NEWCASII„E AVENUE SUITE 202 CAROIFF BY THE SE/, CA. 92007 (619) 436 8500 SLTBORDINATION AGREEMENT 479 Whereas, those parties concerned, desi.re to have t~he Deed of Trust " recorded 3-6-21 as file/page: No. 1991-0098944 subordinated to Easement Far Fublic Sewers ("DpCTTMENT" hereinafter) Required As Condition of Approva7. of CS- 183 • ~ Now,. therefore, for valuable considerati.on, the receipt of which is ~ hereby aclnow].edged, the undeXsigned aENEFICIARY OR TRUSTEE herelay waives the priarity of said Deed of Trust in favar of said DOCIIMENT A m to the same extent as if sai:d DOCUIKENfi had been eXecuted priar to ~u 4 s_aid Deed of Trust. ai rH b I p N O U ''L7 September 21, 1994 Th.e Prudential Home MOrtgage Co. InC. ai Q) DATE . $ENEFICX ' R T -i~TEE ~ r- o s 8: 6~ U N Q) $Y : ~ o aine Sta 1 rn ~ H ,--4 r~ N~ Title: Vice Presid t 4-+ ~ O W . N N 'b bA b0 ai co Cd a~ a a ~ oNO C~) DATED BENEF Y R. TR STEE 4J N ~ r, N a, gY ; . d a) o 0 ~ ° ° J'e_ ne Se'il~;. ~ ~ (7) Tltle: AsSistant Secretary m ~ - -4 0 . m U U r-I O O 3< . _ . 5i,gnature of BENBFICIARY or trustee to be notarized. Attach the ~ approgxiate acknQwleagemenL. I T certify on behalf of the Board of Directars of the Cardiff Sanitatian District, pursuant to authority.conferred by Resolution of said BQard adopted an 3-20-79 _ that the Cardiff Sanitaticnr Di$trict Cansents ta the making of the foregaing Subardinatian Agreement, and cdnsents ta recprdatiQnthereof by its du1y authQrized o~ficer. I?ate By TF/K2/COV2-251vp5 (10-27-93-2)' State of MARYLAND County of FREDERICK 4 80 On thisc~)(Q{ day of 1994, before me, the undersigned officer personally appeared 'i a'2~~- , ~ an~ that V~as such Vf GQ.. ~~_Sld being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the c orp o r a t i on by a s In witness whereof I hereto set my harid and offical seal. 0. D 1 X 12 L. T@ aCJ 12 yq' Notary Publ ic ~ My commission expires April 29, 1996. ~p7e4py, - s . .o ` ~ d . ~~lAlOOi0AEf60l9