1991-273045 I
4'€Y -1914 a
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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.
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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
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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. ,