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1992-141304 (2) lg~~ ~ ~r~,43,JV4 , . ' 1~ 6-~MAR--~.992 ~~8:11 A~~ _ OFFIu`;Ti~3i~ I{~^~Ei;OR',r . . . . S1l~5! 11+1.~}D 'L•GUFTiY RLC+ORifEIl'J Of~ ICE . Recording Requested by: ) ~iFi~iEi IE EVAF~S1 COUIIfY RECORDM Cardiff Sanitation District ) F E't- S° 0.00 i ~ HA , When Recorded, Mail to: ) i District Engineer ) ! Cardiff Sanitation District ) 527 Encinitas Boulevard ) ' Encinitas, CA 92024 ) For the benef it of the District ) SPACE A.BOVE FOR RECORDERS' S USE ONLY ~ SEWER EA5.EMENT ~ IX1CUN[EN7ARY TRAfdSfER TAX I-- ~ Z:L Assessar's Parcel Project CS-108 No. 265-355-18 W.O. No. CS-108 ~ , l Andreas Krestian Nielsen and Kathryn Grace Nielsen, j Trustees of the Nielsen Fami1V Trust of 1990, dated April 19, 1990 hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable cons?deratian, do(xo~* hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Grantee, a perpetual exclusive 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 lateral pipe lines, and all structures incidental thereto, together with the perpetual right_ to remove buildinaG, £ences, structures, trees, kauG?:es, undergrowth, 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 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 urito its successors and assigns forever, together with the right to convey said easement, or any portion of sai'd easement, to other public agencies. tf/04/COV2-251wp5 (3-18-91/1) A ; s ~ U ~ ( ~ - 148 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: 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 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 shall be planted or grown thereon and Fthe entire area encumbered by the sewer easement shail be graded flat 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-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by saici Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key. at all times. In addition, Grantors, 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,successors 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 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 in any excavation made by it in the above described easement and right-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 surface with like material. tf/04/cov2-251wp5 (3-18-91/1) : ( 149Executed this I D day of OCIOLe l° , 19 OWNER: ror OFFICIAL SEAL ~ , .w GINA M~1RIE KLETZKA._ By' NOTARYPllf3UC~CALIFORNIA A11 e s resti n Niels Trustee PRINCIPAL OFFICE IN ~ I' SAN DIEGO COUNTV , c. My Commission Exp, August 10. 3993 BY ' K hryn race Nielse Trustee . _ . . . . . 9 [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] ~ This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf of 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. S..-.. ~ Dated: WARREN H. SHAFER► D- ~ strict Manager Cardiff Sanitation District r tf/04/cov2-251wp5 (3-18-91/1) ~ J.N. 91-036.1 July 5, 1991 August 7, 1991 VS EXHIBIT °A" LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT Being a portion of Block 95 of Colony of Olivenhain, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in the office of the Recorder of said San Diego County, July 8, 1885, together with that portion of Lot 24 of Rancho Las Encinitas, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the Recorder of said San Diego County, June 27, 1898, more particularly described as follows BEGINNING at the most Southwesterly corner of that property deeded to Andreas Krestian Nielsen and Kathryn ' Grace Nielsen recorded May 16, 1990 as File No. 90-268010, said point being on the centerline of the Westerly prolongation of Ninth Street of said Colony of Olivenhain and on centerline of an existing 30.00 foot wide road and public utility easement; thence continuing along the Westerly line of said Parcel 1 and centerline of said easement 1. North 0°39'00" West 174.99 Feet to the beginning of a 90.00 foot radius curve concave Southwesterly, a radial to said point bears North 89°21'00" East; thence con#inuing along arc of said curve and Westerly line of said Parcel 1 2. Northwesterly 15.46 Feet through a central angle of 9°50'30"; thence leaving said curve radially and a.long the Northerlyiine of said Parcel 1 3. North 79°30'30" East 15.00 Feet to a point on the Easterly line of said 30.00 foot wide easement; thence Southerly along the arc of a 105.00 foot radius curve concave Southwesterly concentric to and 15 feet Easterly of the Westerly property line of said Parcef 1 4. Southeasterly 18.04 Feet through a central angle of 9°50'30"; thence tangent to said curve and parallel to the Westerly line of said Parcel 1 5. South 0°39'00" East 163.99 Feet; thence continuing along a line parallel to and 15 feet ; Northerly of the centerline of the Westerly prolongation of Ninth Street 6. South 73°09'00" East 84.30 Feet to a point on the Easterly line of said Parcel 1; thence continuing along the Easterly line of said Parcel 1 7. South 15006'10" West 15.01 Feet to a point on centerline of said prolongation of Ninth Street; thence continuing along said prolongation of Ninth Street 8. North 73°09'00" West 95J3 Feet to the POINT OF BEGINNING. Contains 4,144 square feet, more or less. 91038.LGL (NIELSEN-7) 152 H I B.. I T B EX ~ ~ 'rE 1y.00, r r ' -J~~ ~ \ ~ 7q'~° ~r, J Q~, ~ J y \ ~ ' \ , ~ y„E ~y , a~,5o,30,, q 9 °`5o'.30', k= ro5 ' 90' ' 1, f8.:Q4' W i ~1Cl.~T (y'W10~ a GUQTER FSM'r ~c \J I I ~ ~ O O QPrU 26 5 -955-t8 ti ~ o . ~ O _ o ~ 1 C~) IQ C11 01 1 EXIST g0 , W(OEgOQO P(jBuc unUrY EsM'r ~ PR01205E0 15'Uli0E ~ --pUloGOC 46GlfEk' EdSEMENT 6RWlTFDI ' v8g °Oq od~ To 64 2DlFF ~t S,4 N4M TroN D1sT oo . 79 9573,°"~ti Pp g . _ . . ~ EXrsr Qo.o~'r~lyd~Roan ~ ~ . 9 ryg'T ~w '/08 lto. ql•036-1 SOWARDS Ano BROWN ENGINEERING, INC. CONSULTING E.NGINEERS 2187 NEWCASTLE AYENUE SUITE 202 CARDIFF BY 7HE SEA, CA. 92007 (619) 436 8500 ( . 153 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust ' recorded 03-31-88 as file/page No. 88-145746 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As - Condition of Approval of CS-108 ; Now, therefore, for valuable consideration, the receipt of which is hereby aclcnowledged, the undersigned' BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to tpxe same -extent as if said DOCUMENT had been executed prior to said Deed of Trust. UNION BANK FORMERLY October 24, 1991 CALIFORNIA FIRST BANK DATED BENEFICIARY OR TRUSTEE sy: ~ errance ei T it le• Assistant Vice President Signature of BENEFICIARY or trustee to be notarized. Attach: tpie appropriate acknowledgement. I certify on behalf of the Board of Directors of the Cardiff , Sanitation District, pursuant to authority conferred by Resolution of said Board adopted on /~1AW~-/-P Z0, /%77 that the Cardiff Sanitation District consents: to the' making of the foregoing , Subordination Agreement, and consents to recordation thereof by its duly authorized officer. D a t e C~ gy ~ 61~-- WARREN H. SHAF'ER, Dis ct Manager. ~ Cardiff Sanitation District i tf/04/cov2-251wp5 (3-18-91/1) ' SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 01-20-89 as file/page No. 89-034191 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As Conditian of Approval Of CS-108 ~ ` 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. DATED B~NEF ' OR TRUSTEE B Title: VICE PRESIDENT ~ Signature of BENEFICIARY or trustee to be notarized. Attach the appropriaLe-acknowledgerLiei-it. I certify on behalf of the Board of Dizec:tars of the Cardiff Sanitation District, pursuant ta authority canferred by Resolution of said Board adopted on /vll~fctf 2,0, / f 79 that the Cardiff i, Sanitation District consents to the making of the foregoing ! Subordination Agreement, and consents to recordation thereof by its ii duly authorized officer. Date 3- cl- 9 2--- - BY ~ W~EN H. .~F£AFER,, Di" ict Manager Cardiff Sanitation District ~ tf/04/cov2-251wp5 (3-18-91/1) STATE OF CALIFORNIA l ~SE,,,~~ COUNTY OF S6(V) Dl e~b ; } SS. , 1 r O J J ~ On Qc_-FDbetr lL t 9Q/ , before me, the under,si nec~ Notary,Public, personally appeared c ~Q~ ryrv GFace and nndr~ as KYeSL[CLD7J OFFiC19LSEAl ? GINA nAAPtIE KLETZKA. Z NOTARY PUBLIC - CALIFOFiNIA PRINCIPAL OFFICE IN W SAN DIEGO COUNTY ~-~~w+a-t~wae) or (proved to me on the basis of ~q ~Qph\P My Commissron Exp. August 10, 1493 , o satisfactory evidence) to be the person s whose ~ W nameS ct r-e-. subscribed to the within instrument Z.`and acknowledged that _ kh e_~ executed the same. Y ~ V d-~ Signature,~4W&'-~_- w HomeFedBank FSB . SAV.193 (9/91) - " . . . \ ~ (CORPORATION) ~ STATE OF CALIFORNIA ,,r~ COUNTY OF san Diego f SS. R ~ ~e~QQ~lQ11Ull TiQQ~ ~~mpaQOy Y j On OCtOber 24, 1991 before me, tne under- signed, a Notary Public in and for said County and State, personally appeared ' Terrance W. Reilly - FOR N07ARY SEAL OR SYAAAP personally known to me (or proved to me on the basis of satisfactory evidence) to be theAs9t=•:::V46'seant, xard of Union Bank ' known to me or proved to me qn the basis of satisfactory evidence) to be Assistant ~ice President ~XQW of tne . corporation that executed the within instrument, known to me to be the persons who OFFtOK MAL ' executed the within instrument, on behalf of the corporation therein named, and OLIVIA P. SAN1O~ , acknowledged to me that such corporation executed the within instrument pursuant ft~ ~ to its by-laws or a resolution of its board ==WWUWt' irectors. I 1~ I I WITNESS my hand and official seal. W-25g Name (Typed or Printed) ~ CORPORATE ACKNOWLEDGM"'VT No. zoz CALIFORNIA ~ State of On this the lstday of No rmber 19 91 , before me, SS. Coun;`,Y:qf, ; SAN DIEGO KATHLEEN M. BURKE , the undersigned Notary Public, personally appeared UFFICIAL SEA ~ JEFFREY L. MONAHAN KAiHLEEN Il~. Nor~sn%►aESOC~~ N~~~ C~ personally known to me r ti+ycomm.ExpkesAargzz,i9s~ El proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as VICE PRESIDENT oron behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. No ry's Signature Kathleen M. urke ~ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document SUBORDINATION AGREEMENT MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above z120122 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184