1992-361666 (2)
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C►fFlrlAi RErORDS
SAi•, DIEGO COUNTY REr_-ORDWS C!fFlr_.E
ANHETTE LcuAN5, r_.pUNTY RECfRDEF'
Recording Requested by: 0n0[}
Cardiff Sanitation District ) HA
)
When Recorded, Mail to: )
District Engineer ) ~p
Cardiff Sanitation District ) 527 Encinitas Boulevard
Encinitas, CA 92024
For the benef it of the District ) SPACE ABOVE FOR RECORDERS' S USE
ONLY
~
SFWER ERSEMENT
oi3CffMENTARY TRANSFEl2 TAX Assessor's 'Parcel Project 83-231 TM
No. 259-190-83 W.O. No. 00911
Log No. A/M
'T.!PTI, C.AT:TT+n'RrTTA T:TMTTFn PARTNRRRHTP
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, aver and across the hereinafter described real property for
the installation, construction, operation, maintenance, repair,`
- reglacement, and reconstruction of SEWER pipe lines and/or mains,
manYioles, 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-
of-way by Grantee, its successors or assigns and in addition
thereta, 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
unto its successors and assigns forever, together with the right
tf/my/cov2-116wp5 (9-27-89)
~ L ` '
(1877
to convey said easement, or any portion af 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 pr_-operty 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.
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 with building or structure of any nature
or kind that will interfere with the use of said easement and
right-of-way Grantee, its successors or assigns, or that will
interfere with the ingress or eqress along said easement by said
Grantee, its successors or assigns.
The Grantee hereby covenants and agrees for itself, its successors
and assigns, nat 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 qrantee
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 fil.l 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 and will replace any
fence removed by it. :
tf/02/cov2-116wp5 (11-13-89/1)
1878
Executed this 2rid':; day of ~April , 19 2
REEDER/ENCINITAS, LTD A CALIFOR IPART RS YP BY
dWNER:~:•` RE~R D V OP ~T C.,
By :
PRE IDENT
By:
[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 eARDIFF SANITATION DISTRICT a
paliticaZ carporation 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.
, ° W ~e•~.v~-•
Dated : 5- ~ q Q
WARREN H. SHAFER, Dis ict Manager
Cardiff Sanitation District
tf/my/cov2-116wp5 (9-27-89)
SEWB.. EASEMENT LEGAL DESCRIPTIO.
5mm1"F ,•A°'
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 9729, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 22,
1980 AS FILE/PAGE NO. 80-060096 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL MAP
NO. 9729; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1, SOUTH
15035102" WEST 223.5 FEET TO THE TRUE POINT OF BEGINNING;
THENCE ALONG THE ARC OF A 15.00 FOOT RADIU5 CURVE TO THE
RIGHT, 23.56 FEET, THE CHORD OF WHICH BEARS SOUTH 60°35102" WEST,
21.21 FEET;
THENCE NORTH 74024158" WEST, 20.00 FEET;
THENCE ALONG THE ARC OF A 100.00 FOOT RADIUS CURVE TO THE
LEFT, 8,43 FEET, THE CHORD OF WHICH BEARS NORTH 76049153" WEST,
8.43 FEET;
THENCE ALONG THE ARC OF A 100.00 FOOT RADIUS CURVE TO THE
RIGHT, 17.80 FEET, THE CHORD OF WHICH BEARS NORTH 74008149" WEST,
17.78 FEET;
THENCE ALONG THE ARC OF A 280.00 FOOT RADIUS CURVE TO THE
RIGHT, 61.66 FEET, THE CHORD OF WHICH BEARS NORTH 62044118" WEST,
61.54 FEET;
THENCE NORTH 56025146" WEST, 25.00 FEET;
THENCE ALONG THE ARC OF A 320.00 FOOT RADIUS CURVE TO THE
LEFT, 137.01 FEET, THE CHORD OF WHICH BEARS NORTH 68041143" WEST,
135.96 FEET;
THENCE ALONG THE ARC OF A 90.00 FOOT RADIUS CURVE TO THE
RIGHT, 56.19 FEET, THE CHORD OF WHICH BEARS NORTH 63°04134" WEST,
55.28 FEET;
THENCE ALONG THE ARC OF A 48.00 FOOT RADIUS CURVE TO THE LEFT,
212.96 FEET, THE CHORD OF WHICH BEARS SOUTH 07042126" WEST, 76.57
FEET;
THENCE ALONG THE ARC OF A 90.00 FOOT RADIUS CURVE TO THE
RIGHT, 62.80 FEET, THE CHORD OF WHICH BEAR5 NORTH 80°35138" EAST,
61.53 FEET;
THENCE ALONG THE ARC OF A 280.00 FOOT RADIUS CURVE TO THE
RIGHT, 112.34 FEET, THE CHORD OF WHICH BEARS SOUTH 67055125" EA5T,
111.59 FEET;
THENCE SOUTH 56°25'46" EAST, 25.00 FEET;
THENCE ALONG THE ARC OF A 320.00 FOOT RADIUS CURVE TO THE
LEFT, 74.80 FEET, THE CHORD OF WHICH BEARS SOUTH 63°07133" EAST,
74.63 FEET;
- THENCE ALONG THE ARC OF A 100.00 FOOT RADIUS CURVE TO THE
RIGHT, 8.88 FEET, THE CHORD OF WHICH BEARS SOUTH 67°16140" EAST,
8.88 FEET;
THENCE ALONG THE ARC OF A 100.00 FOOT RADIUS CURVE TO THE
LEFT, 16.90 FEET, THE CHORD OF WHICH BEARS SOUTH 69°34129" EAST,
16.88 FEET;
: THENCE SOUTH 74024158" EAST, 20.00 FEET;
THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE
RIGHT, 23.56 FEET, THE CHORD OF WHICH BEARS SOUTH 29°24158" EAST,
21.21 FEET;
THENCE NORTH 15035102" EAST 73.00 FEET TO THE POINT OF
BEGINNING.
- . . . . i . . . , . .
' Q .i • Q 0 _ e
i
, • . . .
- SEWER EASEMENT PLAT
.
rRn~r sNUY
. ~
¢
~ ~ / . . O.45LrM-047' GuRIIAE DATA
' ~ ~
Curve- + Radius Delta Length Tangent Chord/Brg
~ Ci 15. 00' 90° 00' 00° 23. 56' 15. 00' 21. 21' 560-35-02. OW
C2 280. 00' 12°37'05." 30.A~' 61.54` N62-44-'19. OW
C3 320.00' 11°42'59' 65. 44' 32. 83' 65.32' S62-i7-15. 3E
i i C4 320.00' 12°48'54' 71.57' 35.94' 71.42' 574-33-li.6E
~ C5 90. 00' 5114' 27' 8. 23' 4. 12' 8. 23' N78-20-25. 5W
1•. Q I C6 90. 00' 30° 31' 44' 47. 95' 24. 56' 47. 39' N60-27-20. !W
C7 48.00' 52°01'14° 43.58' 23.42' 42.10' S71-i2-05. iE
, C8 48.00' 27°57'i3° 23.42' 11.95' 23. 19' N68-48-4i.2E
-1---------- C9 48.00' 69°44'00' 58.42' 33.44' 54.88' N19-58-04.4E
MANCNESTER AVENUE C10 48. 00' 29° !5' 04° 24. 51' 12. 53' 24. 24' N29-31-27. 9WCi! 48.00' 62°45'51' 52.58' 29.28' 49.99' N75-3l-55.5W
C12 48. 00' 12° 28' 49' W. 46' 5. 25' 10. 43' 566-50-44. 5W
S~'B p~T"Atl. A" C13 90. 00' 39° 58' 37' 62. 80' 32. 74' 61. 53' 580-35-38. 4W
_ C14 280. 00' 22° 1B' 59° 109. 06' 55. 23' 108. 37' S68-15-33. 8E
C!5 280.00' 0°40'18° 3.28' 1.64' 3.28' S56-45-55.1E
C16 320. 00' . 8146' 14' 48. 98' 24. 54' 48. 94' N60-49-53. 2W
. C17 320.00' 4°37'20' 25.02' 12.9l.' 25. SZ' N67-30-40. 2W
C18 15. 00' 90° 00' 00' 23. 56' 15. 00' 21. 21' S29-24-58. OE
C19 300.00' !4°!7'0i` 74.79' 37.59' 74.60' S75-17-i5.3E
C20 300.00' 11°42'59' 61.35' 30.78' 61.24' S62-l7-i5.3E
C21 300.00' 25°!9'42° 132.62' 67.4!' 131.54' 569-45-55, iE
C22 300. 00' 0° 40' 18' 3. 52' 1. 76' 3. 52' S56-45-55. lE
, C23 300. 00' 17° 59' !2' 94.18' 47. 48' 93. 79' S65-25-22. OE
' C24 300. 00' 8° 46' 14' 45. 92' 23, 01' 45. 88' N60-48-53. 2W
C25 300.00' 9°12'58' 48.25' 24.18' 48.20' N69-48-29.2W
' •
15
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DE TA/L 'A" ~ ~
~ .1882
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 11/9/89 as file/page No.89-610251 subordinated ta
Easement For Public Sewers Required Ag Condition of Approvnl Of
Tract No. 88-231 ("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. :
=S ; j ~ ~ ~ ~y~,, 7~1~--(;. o~s ~C
DATED BENEF ARY O RUSTEE
By ~
T i t l e
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
I certify an behalf of the Board of Directors of the Cardiff
' Sanitation District, pursuant to authority conferred by Resolution
~,Ci~ 00 197-7 that the Cardiff
of said Board adopted on /vJA~
Sanitation District consents to the making of the foregoing
Suboxdination Agreement, and consents to recordation thereof by its
duly authorized officer.
Date - 5- l~- ~ 2- By W~,.,~...~.
WARREN H. 5"riArr.R, Di5trict i•ianag2r :
Cardiff Sanitation District :
TF/04/COV1-140WP5 (3-21-90)
PARTNERSHIP ACKNOWLEDGEMENT
, Sta.te of California) ~ .
ss:
County of San Diego) ~ 879
On c~,2. A.c-lJ Z before me, the undersigned, a Notary Public in and for said State,
personally appeared Bernard Reeder, personally known to me, to be the person who executed
this instrument on behalf of Reeder/Encinitas Ltd, A California Partnership by Reeder
` Development, Inc., A California Corporation, General Partner, Bernard Reeder, President, and
acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
;p4j". 0 Off1CIAl Sf.AL
KARE~1 L. ALLGEIER
NOTARY PUBUC CqUFORNIA NO~Ty PUbI1C 111 af]C~ fOI
° PRINCI7'AL OFFICE IN
'JSA~! DIEfU CO N
y. u TY s~d Gaunty und State
~ly Commfssinn Expires Aug. 4, 1992
` Official Sea1
;
1g83
,
'~ORPORATE ACKNOWLEDGEMENT
"STATE OF CALIFORNIA )
COUNTY OF ojQ ,r7 6 ) SS
On ~(dt(~ b,- r- 5, 6) D before me, the undersigned, a Notary Public
in and for said State, personally appeared James E. Dages, (proved
to me on the basis of satisfactory evidence , to be the Vice President
of Security Pacific National Bank., the corporation that executed
the within Instrument, proved to me on the basis of satisfactory
evidence) to be the person who executed the within Instrument
on behalf of the corporation herein named, and acknowledged to
, me that such corporation executed the within Instrument pursuant
to its by-Iaws or a resolution of its board of directors.
WITNESS my hand and official seal.
r
My commission expires Mail / (Notary Seal) .
• • ca~ OFFICIAL
.Notar P blic in and for said State." MAI7JORIEE.~