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1991-273045 I 4'€Y -1914 a i Recording Requested by: ) Encinitas Sanitary District ) 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 i 7 1 SEWER EASEMENT 1 ` Assessor's Parcel Project TM No. 256-152-16 W.O. No. 9492N •. Log No. 38p Robert M. Schlachter and Bradley S. Schlachter I hereinafter designated Grantor(s) , owner(s) 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, i 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 j said Grantee may deem proper, needful or necessary in the I construction, reconstruction and maintenance of said sewer lines or structures incidental thereto. 1 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. a TF/03/CR06-388wp5 (11-28-89-1) i 1915 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. i i TF/04/CR06-498wp5 (3-21-90) f 3 j 191 Executed this day of 19 OWNER: / By: ert M. Schlachter Bradley S. Schlachter (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 / +AeV Z�, l9al from IQc� �M. SG,fLACr4T. .@,e7`q I to the ENCINITAS SANITARY DISTRICT, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on M'4Y 0/0 MC11 and the grantee consents to recordation thereof by it duly authorized officer. Dated: -Sec�eta BNei-P�I S-SANITARY-DISTRICT-- E. Jane Pool Clerk of the Board TF/03/CR06-388wp5 (11-28-89-1) 917 THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared BRADLEY S. SCHLACHTER , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this WE of 1991. BEVERLEY R. ROBERTS NOTARY PUBLIC 4/n and for + • Notary Public,State of Texas WCom®lsWlDVkU11pru1a1"3 the State of Texas THE STATE OF CALIFORNIA § COUNTY OF 5A--t f 6 § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ROBERT M. SCHLACHTER , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1991. reeee���4s....rQ..m. _ OFFICIAL SEAL SHARON M. FRIEDMAN NOTARY PUBLIC in and for NPUMV NOTARY PUBLIC•CALIF the State of Cal i forni a PRINCIPAL OFFICE IN SAN AIE80!AUNTY COMM MIN F048 April 1,1993 ' 191 $ EXHIBIT "A" The Easterly 15. 00 feet of the remaining portion of Lot 32 in Block 1 of AVOCADO ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1791, filed in the Office of. the County Recorder of� San Diego County, April 29, after the EXCEPTION described below. EXCEPTING THEREFROM that portion described as follows: BEGINNING at the Southeasterly corner of Block 1 of said Avocado Acres, said corner being marked by a 1 1/2 inch iron pipe having coordinates X-1, 681, 578 . 14 feet, and Y-325, 868. 97 feet; thence along the Southerly line of said Block 1, being also the Southerly line of said Lot 32 , North 880 43 ' 25" West, 129.88 feet; thence leaving said Southerly line North 160 15 ' 12" West, 165. 37 feet to the Northerly line of said Lot 32 ; thence along the Northerly line of said Lot 32 , South 890 28 ' 48" East, 192 . 60 feet to the Easterly dine of said Avocado Acres; thence along the Easterly line of said Avocado Acres, South 50 18 ' 16" West, 160. 02 feet to the Point of Beginning. I I TF/04/MS14-1506wp5 (1-28-91/1) 1 1� 40 POR = 3M 23 ® 0 . 1919 I POR e 9 24 s 0.77AC. z - - - - - - N O J POR I °c _ ti O °H� N WI Q POR � /30 a t23 AC. POR m 27 �' 17 S H I 1 x 1s W POR - �- -28 - SHT. I m U' t o � � 1 o N A 1 1 m < w ti - - - - - - a- ,� 64� POR 29 /72 O N N W E O fn D O I n 2,4 30 a o 1.20AC. G n W '�y O 89.33 <h O W �y� ITI w c ti Z l9Z //D 129.07 H N89`52'30" 3 32� 1 5 ti 16 � J 1.56 AC lD 40 o UNION t . ^UNNAMED s-r. 6ss•4St OR RD. _-� `I H B9 26 �; '•R. �6 N e.ss zs i✓sa C-) to ;;o N SHZ I 31 y 0 ;o - w � oNa) , a ^ N tr (p J (J N N 0 Q 1920 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded as file/page No. RQ_RR�q^ subordinated to Easement or Public Sewers Required As Condition of Approval of TPM 90-185 ("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. April 9 , 1991 Great Western Bank, a federal savings bank DATED B NE ICIARY OR TRU By: Anthon olden Title: Ass * tant 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 M,41 2-111rfc1) 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 C-3 —5 1 By -ld�kRREN- .-3Hi�F-Eft--Dlstrr�f�� t°- —Enc-iR 7s—&&H-tary--D}i-stric-t- E. Jane Pool Clerk of the Board itATE OF CALIFORNIA SS COUNTY OF Los Angeles } ON .............. pr........................._..._......._....................., 19 9.t. belo►e nx,the underrlgned•a Notary Public In and lot Bald county And State.per=onally aj►peared Anthony J . Golden f3E.R_f HA VASt UEZ F: NOTARYPUF?LICCALIFORNIA proved to n►e on the basis of satl,lactoty evidence to be the person...... who pR1tdCIPAL OFFICE_IN Assistant Vice {resident• A° Loc,ANGELES C;OUI�7Y executed the within Instrument en ............. ................. y.:•• �y Commisswn Expises Dec. 12, 1994 of the Corporation thereby nan►ed,and eknowlydged to me that such Corporation executed the within Instrument pmyunnt to Its Bylaws or a Resolution of its Board of 9"019. ,