Loading...
1991-273043 Recording Requested by: ) _- Encinitas Sanitary District ) V . When Recorded, Mail to: ) District Engineer ) Encinitas Sanitary District ) 527 Encinitas Boulevard ) Encinitas, CA 92024 ) For the benefit of the District ) SPACE ABOVE FOR RECORDER' S USE ONLY -; SEWER EASEMENT Assessor's Parcel Project TPM 89-012 No. 256-152-24 W.O. No. 9492N Log No. 3£ q John G. Guidero and Helen A. Guidero hereinafter designated Grantor(s) , owners) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the Encinitas Sanitary District herein designated Grantee, a perpetual 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 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 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 unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. TF/03/CR06-388wp5 (11-28-89-1) l 1902 The real property referred to herein and made subject to said easement and right-of-way by this grant is situated int he 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 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 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 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 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 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 tot he 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 backf ill 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 and will replace any fence removed by it. TF/04/CR06-498wp5 (3-21-90) 1 903 Executed this 13th day of February , 19 _. OWNER: i By: J n G. Guidero By: -�4 Helen A. Gui ero [Signature of OWNER must be notarized. Attach the appropriate acknowledgement. ] This is to certify that the interest in real property conveyed by the deed or grant dated iS j Jgg1 from Ste, a; ""i a t4x to the ENCINITAS SANITARY DISTRICT, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on M4V Z/0/qqf and the grantee consents to recordation thereof by its duly authorized officer. Dated: eAr�- Seereter te-tYt---Boerr&-cf-�i ef, Errs BNeiNiT -sANiTARY-Bis-rRaiD%- E. Jane Pool Clerk of the Board i TF/03/CR06-388wp5 (11-28-89-1) i I, i i STATE OF CALIFOIIIA _ SS. (SEAL) an Dino J 1904 COUNTY Fe ruary 15 , 1991 ire me,the under On a signed Notary Public,personally appeared 'o_ John G Gnidero andelen A Gnidero OFFICIAL SEAL 1,,.AURA TAYLOR F,1, '>LIC-CALIFORNIA Z I ,.`"� gR{�C.r^fsL OFFICE IN z (personally known to me)or(proved to me on the basis of satisfactory � erg. j SAN DIEGO COUNTY evidence)to be the person$--��^hose name �r� a My cor�m,�sKm Exp.March a, — g csubscribed to the within instrument and acknowledged that Ej they executed the same. O z ,vv Q JOI 61 L� HONE FEDERA�- SIGNATU SAV-193(7187) - - 190,5 EXHIBIT "A" LEGAL DESCRIPTION THE EASTERLY 15. 00 FEET OF THAT PORTION OF LOTS 30 AND 31, BLOCK 1, AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924 , LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 31, DISTANT THEREON NORTH 05°16 ' 00" EAST, 100. 00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 89 052130" EAST, 421. 33 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 8, 1962 AS FILE NO. 97630 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, NORTH 16°51 '21" WEST, 147 . 14 FEET TO THE NORTH LINE OF SAID LOT 30. TF/04/MS12-1500WP5 (1-28-91/1) aA 9v @ P� v M o I w ® OR. POR _ 1906 W 0.77AC. m 1 POR M AW � w WOO 2P-D w ,� sev•z�•ss-e. zes.�r 26 a fn a 11 c POR x m 27 15 2 I' N SH-E I z -Sc POR O ' SHT. I I o 28 V'h < O L Z No A 1 _ 1 POR z a. 29 /72 - o r+ i D � - n 17r - t� 24 3 tij a o 1.2OAC. �5 t� NB9�5 a''9a E. •� !92 O 99.33 31 z r� y o 192 110 129.f7 N89`52'30" 32 1.� ti t6 1.56 AC. GD W 40 < UNION t ^UNNAMED s�• 465-5.44 OP. RD. c7 S 7. /Y 89 26 IY, S. .06 N e.►S rs�✓sa ' .... '. - � H rn of N 0, w NN a` m � 0 — tn ° � l N N O 1907 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed. of Trust recorded C (-_�. 6,l f 7(, as f ile/page No. 76-,3?c96 7 subordinated to Easement For Public Sewers Required As Condition of Approval of -r-F)14 - C)i?, ("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. Mav 2nd 1991 OCEANSIDE FEDERAL SAVINGS & LOAN ASSOCIATION/PACIFIC FIRST DATED BENEFICIARY OR TRUSTEE K, a Federal Savings Bank By: ( dvn Title: Assistant Vice Pre ident Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. I certify on behalf of the Board of Directors of the Encinitas Sanitary District, pursuant to authority conferred by Resolution of said Board adopted on IWAY 2.14 /9q l that the Encinitas Sanitary District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date °� �'� B-WARREN- . SHAFER -P4.stw-3ct,M& E. Jane Pool Clerk of the Board TF/04/CR06-498wp5 (3-21-90) Startcof Washington 'ounty of PIERCE I certify that I know or have satisfactory evidence that DEANNA M BARFOOT signed this instrument,on oath stated (NAME OF PERSON) that (he/she) was authorized to execute the instrument and acknowledged it as the ASSISTANT VICE PRESIDENT (TYPE OF AUTHORITY,E.G.,OFFICER,TRUSTEE,ETC.) of PACIFIC FIRST BANK, a Federal Savings Bank to be (NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED) the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated May 2nd, 1991 Signature of y Notary Public '��� /C ,of .r ct�mril 1 P RECORDED AT THE REQUEST OF ENCINITAS SANITARY DISTRICT 1921 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: ' ENCINITAS SANITARY DISTRICT, C/o Clerk of the City City of Encinitas 527 Encinitas Blvd. Ste. 100 Encinitas, California 92024 NO TRANSFER TAX DUE EASEMENT ACCESS AND MAINTENANCE FOR SEWER PURPOSES Assessor's Parcel Project: TPM 89-012 No. 256-152-24 W.0. NO. 9 4 9 2 N FOR A VALUABLE CONSIDERATION, the undersigned, John G. Guidero and Helen A. Guidero, Husband and Wife as Joint Tenants hereinafter designated Grantors do hereby grant, bargain, sell, convey and release unto the ENCINITAS SANITARY DISTRICT herin designated GRANTEE, its successors and assigns, a perpetual easement and right-of-way for ingress and egress on and across, and along herein described real property for personnel and equipment. GRANTEE shall have a perperpetual right to remove buildings, structures, trees, bushes, under- growth, and any other obstruction interfering with the use of said easement and right-of-way by the GRANTEE, its successors or assigns. To have and to hold said easerrent and right-of-way unto itself and unto its successors and assigns forever, - together with the right to ccnvey said easement, or any portion of said easement, to other public agencies. The Real Property referred to herin 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: A strip of land over that portion of Lots 30 & 31, Block 1, AVOCADO ACRES, in the County of San Diego, State of California, according to Map No. 1791, filed in the Office of the County Recorder of San Diego County, April 29, 1924, lying Northerly and Westerly of the following described line: Beginning at a point on the West line of said Lot 31, distant thereon North 05016'00" East, 100.00 feet from the Southwest corner of said Lot 31; thence North 90052'30" East, 421.33 feet to the Westerly line of the land described in deed to the State of California recorded June 8, 1962 as file No. 97630; thence along said Westerly line North 16051'21" West, 147.14 feet to the North line of said Lot 30. The sideline of said strip of land is more particularly described in "Exhibit A", and shown on Exhibit "B"',' attached hereto and made a part hereof. There is reserved to the Grantors, their heirs and assigns, the right and privilege to use the abcve described land of the Grantor at arty time, in any manner and for any purpose not inconsistent with the full use and enjoymt by the Grantee, its successors and assigns, of the rights and privileges 1ewin granted. In Witness Whereof, the Grantor has executed this instrument on this day Of 19 A John . Guidero Helen A. Guidero II This is to certify that the interest in real property conveyed by the foregoing deed or grant to ENCINITAS SANITARY DISTRICT, a political corporation and/or govemvental agency, is hereby accepted on behal f o the Board of T�•+ pursuant to authority conferred by Resolution of sai Board adopted on M V and the Grantee consents to recordation thereof by its y authcrized officer.- Dated: i -T1tlet- 'met- anage!' i E. Jane Pool Clerk of the Board i STATE OF CALIFORNIA � COUNTY OF---SAN----DIEGO-------- -- -- a MAY 7 1991 E On �_.______ , before me, the undersigned, a Notary Public in and for c v, v said State, personally JOHN G. GUIDERO AND HELEN A. GUIDERO E -- Q LL known to me to be the person-S_--whose name--.S ___ OFFICIAL SEAL subscribed to the within instrument and acknowledged to r e F a CORNELIA A. ELLISOR —.__executed the san °4 ' NOTARY PUBLIC•CALIFORNIA 7 that------ �- --- ------ -- o PRINCIPAL OFFICE IN WITNESS my hand n offi al seal. '" SAN DIEGO COUNTY o MY COl MISSW EXPINS NOV,23, 1092 — — E o Signature LL COR 'ELIA A. ELLISOR Name (lyped or Printed) (This area for official notarial seal! 19,94 LEGAL DESCRIPTION EXHIBIT A A strip of land over,along and across all that portion of Lot 30 and 31 in Block 1 of Avocado Acres, according to Map thereof No. 1791, filed in the Office of the County Recorder of San Diego County, April 29, 1924, said strip being more particularly described as follows: Beginning at a point on the Westerly line said Lot 31, distant thereon North 05 016'00"East 100.00 feet from the Southwest corner thereof; thence continuing Northerly along said Westerly line thereof North 05 016'00"East a distance of 24.11 feet; thence Easterly parallel with the Southerly line of said Lot 31 North 89 050'53"East a distance of 230.58 feet to the beginning of a tangent 10.00 feet radius curve concave Northwesterly; thence Northeasterly and Northerly along the arc of said curve thru a central angle of 90 000'00" a distance of 15.71 feet;thence North 0 009'07"West a distance of 15.00 feet;thence North 89 050'53"East a distance of 24.00 feet; thence South 0 009'07"East a distance of 15.00 feet to the beginning of a 10.00 feet radius curve concave Northeasterly; thence Southerly and Southeasterly along the arc of said curve thru a central angle of 90 000'00" a distance of 15.71 feet;thence North 89 050'53"East a distance of 8.00 feet;thence South 02 052'17"East a distance of 9.01 feet; thence North 89 050'53"East a distance of 48.03 feet to a point of intersection with a line 15.00 feet Westerly of and parallel with the Westerly line of that land described in deed to the State of California and recorded in the Office of the County Recorder on June 8, 1962 as File No. 97630 of Official Records; thence Southeasterly along said line South 17 032'28"East a distance of 15.72 feet to a point which bears North 89 050'53"East a distance of 405.22 feet from the Point of Beginning; thence South 89 050'53" West a distance of 405.22 feet to the Point of Beginning. i i A i EXHIBIT B 1925# CITY OF ENCINITAS ENCINITAS SANITARY DISTRICT SEWER ACCESS EASEMENT PLAT o GOT a0 �ieoPo sso ��+bu c. see Q N o 0 7.iw \ � L=15.71 o � S 02�iZ'i7yE x.01 N 0!:)°50 X63��E ---_'i 4`o w Sou�lwe:r CbW N N Lo T S �4 /?-Z �; SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded as file/page No. -&-_3Z,66'75 subordinated to Easement For Access and Maintenance of Public sewers ("DOCUMENT" hereinafer) Required As Condition of Approval Of -rpl i 6'9°Utz- 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. OCEANSIDE FEDERAL SAVINGS & LOAN ASSOCIATION/PACIFIC May 2, 1991 FIRST BANK, a Federal Savings Bank DATED BENEFICIARY OR TRUSTEE By: Title: Assistant Vice President Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. I certify on behalf of the Board of Directors of the Encinitas Sanitary District, pursuant to authority conferred by Resolution of said Board adopted on oyAy Z.i,nql that the Encinitas Sanitary District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date �a'J —1/ By p. CLERK OF HE BOARD ENCINIT SANITARY DISTRICT TF/04/CR09-726wp5 (4-26-91/2) Stat-of Washington County of PIERCE I certify that I know or have satisfactory evidence that DEANNA M BARFOOT signed this instrument,on oath stated (NAME OF F,ERSON) that (he/she) was authorized to execute the instrument and acknowledged it as the ASSISTANT VICE PRESIDENT (TYPE OF AUTHORITY,E.G.,OFFICER,TRUSTEE,ETC.) PACIFIC FIRST BANK, A FEDERAL SAVINGS BANK of _ to be " (NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED) the free and voluntary act of such party for the uses and purposes m(antioned in the instrument. May 2nd 1991 Dated Signature of Notar,,/ Public R kk ) CY (Seal or stamp) Title__ _�