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)
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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.
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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)
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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.
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A
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EXHIBIT B 1925#
CITY OF ENCINITAS
ENCINITAS SANITARY DISTRICT
SEWER ACCESS EASEMENT PLAT
o
GOT a0 �ieoPo sso ��+bu c.
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Sou�lwe:r CbW N N
Lo T S �4
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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__ _�