1993-92648 1414
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Recording Requested by:
Encinitas Sanitary District r j 2, r �,
When Recorded, Mail to: ) f4°
District Engineer
Encinitas Sanitary District )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District ) SPACE ABOVE FOR RECORDER' S USE
ONLY
SEWER EASEMENT
Assessor' s Parcel Project DES M
No. 259-131-47 W.O. No. QES-!-33
Mark A. Neumann and Victoria R. Neumann
hereinafter designated Grantor(s) , owner(s) of the hereinafter
described lands, for a valuable consideration, do()oz) 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 r''Ight ;,e
to convey said easement, or any portion of said easement, to other
public agencies.
TF/04/CR09-726wp5 (3-18-91/1)
1415
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 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 and will replace any
fence removed by it.
TF/04/CR06-498wp5 (3-21-90)
1 416
�� ��". ,
Executed this day of 19 y ���• �-
OWNER:
By:
Mark A. Neumann
Victoria R. Neumann
[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 j, -a -q from
to the ENCINITAS SANITARY DISTRICT, a political- corporation and'/or
governmental a ency, is hereby accepted by order of the Board of
Directors on G l and the grantee consents to
recordation th eof by its duly authorized officer.
Dated: 7 /93 7"
Clerk of/the Board
ENCINITXS SANITARY DISTRICT
TF/04/CR09-726wp5 (3-18-91/1)
1 ,417 NOTARY ACKNOWLEDGEMENT
San DiegoTrust G Sa. _�'1gs Bank (FDH INDIVIDUAL
STATE OF CALIFORNIA I SS.
COUNTY OF SAN DIEGO
On this 3OTHday of NOVEMBER in the year 1992--, before me, the undersigned, a Notary Public in and for said County
and State,personally appeared
Mark A. Neumann and Victoria R. Neumann****
personally known to me (or provedtc"-a rtrhe basis-6f-5etisfae't(�PY"eujddwre)to
be the person(s) whose name(s) is/are subscribed to this instrument, and.ac- OFFICIAL Sq1A
knowledge that he-fshe/they)executed the same. PAULETTE C.
NOTARY pUg W
FA SAN DIWO C
�hr
Co
Witness my and and official seal:
LO (for notary seal or stamp)
Notary ignature
41,
8
EXHIBIT "A"
The southerly 20.00 feet of Parcel 1 of Parcel Map 15894 recorded as File No.
89-651305 on December 1, 1989 in the Office of County Recorder, County of San
Diego, State of California.
Said easement lies within the area shown and depicted on said Parcel Map No.
15894 as "Proposed 20' Private Road, Utility and Drainage Easement".
419
f C
h r I
APN �; APN
259-131 —47 259-131 —48
20'
N 89'40'45" E 234.30'
N 89°40'45" E 234.72'
N 00°53'09" E i r-
20.00'
APN
Y; .F
1259-131 -4A9
W APN APN APN
259-131 -22 259-131 -37 259-131 -50
I
I
SCALE:1"=50' i
i
LEGEND
I
F7//7 20' SEWER
EASEMENT
EXHIBIT
ErBARRETC CONSULTING GROUP ENCINITAS SANITARY DISTRICT
conisu�nrx� �cu�Rs
9675 BUSINESS PARK AVENUE
SAN DIEGO. CA 92131 SEEMAN DRIVE SEWER EASEMENT
(619)536-5610 FAX (619)536-5620
I
j 1,j It 1; 11 1 LL-L.'- I 1 1111 111- 11 1'-
SUBORDINATION AGREEMENT
Whereas ,,tliose part es concerned, desire to have the Deed of Trust
record 06-17-92---, as f ile/page No. 92-0377242 subordinated to
Ease et - I— -' -er) 'Required As
mell ---pvnYjio severs ("DOCUMENT" lierelUlif
,_f§j
00ndi.*""f Approval of DES -133
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 t;o the same extent as if said DOCUMENT had been executed
prior to said Deed of Trust.
10 December 1992 Northeast Savings,
DATED- BENEFI RA UU ST E E
By
Title: Executive Vice President
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
T rartify lin �ri�nlf wi �hW d 0 f Directors of the Encinitas
Sanitary Distr3.ctr, Pursuant �4��.6a utnorlry conzerreu "y Resolution
of said Board adopted on / -Z6-73 that the Encinitas
Sanitary District consents to 'the makincj of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
Date— By
-.-, -,Pm OF THE BQJD.P•
ENCINITAS SANITARY DIST�LICT
�{ Tr-/04/CR09-726wp5
STATE OF CALIFORNIA )
COUNTY OF San Diego ) SS.
On 10 December 1992 before me, the undersigned, a Notary Public in and for said State,
personally appeared Dennis J. Mezzo personally known to me or
txix � x � to be the person who executed the within instrument
as the Executive Vice President, and _
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the
within instrument as the
Secretary of the Corporation that executed the within
instrument and acknowledged to me that such corporation 0,412it. M.OFFICIAL
?SEAL (��
S.IYI. VY E.i 1171EO!✓9i executed the within instrument pursuant to its by-laws or NOTARY PUBLIC-CALlfO K a resolution of its board of directors. PRINCIPAL
OFFICE IN
SAN DIEGO COUNTY
My Commission Expires September 23, 1994
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
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