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1991-221222117 Y° RECORDED REQUEST OF FIRST AMERICAN TMjE W Recording Requested by: ) Barratt American Incorporated ) When Recorded, Mail to: ) Virginia L. Perkins ) 3451 Bumann Road ) Olivenhain, CA 92024 ) For the benefit of the District ) P 0170 77)nMITI ONLY Assessor's Parcel No. 264- 020 - 6.7.8. &10 98 588866 ctl ?n r'1 f% 34 1 RF AR MIS OF / OC TXPG VI-FA L" L' i DER m SPACE ABOVE FOR RECORDERS USE ONLY SEWER EASEMENT Project TM 4400 W.O. No. 90501 Log No. BARRATT AMERICAN INCORPORATED a Delaware Corporation hereinafter designate Grantor(s), Owner(s) of the hereinafter described lands, for a valuable consideration, do hereby GRANT and CONVEY to the Virginia S. Perkins, Trustee and Virginia L. Perkins, Successor Trustees of the Perkins 1977 Family Trust under Trust Agreement dated December 5, 1977, 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 the Cardiff Sanitation District as a public sewer easement. The real property referred to herein and made subject easement and right -of -way by this grant is situated in the Encinitas, County of San Diego, State of California, particularly described as follows: to said City of and is See Exhibit "A" and Exhibit "B" attached hereto and made a part by hereof by this reference. This document is being re- recorded This document is being recorded by to correct the legal description First American ?isle Insurance Co. as of the easement. an accommodation only. It has net been examined as to execution c impact on title. ii 2118 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 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 with building or structure of any nature or kind that will interfere with the use of said easement and right -of -way 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 to the conditions above stated; and the grantee hereby covenants and agrees that after the installation of any pipe line by in any excavation made by it in the above described easement and right -of -way it will backfi11 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. Executed this a-i day of ©c-" , 19�_. OWNER: BARRATT AMERICAN INCORPORATED, a Delaware Corporation By: ge 4a� . Brian J. A gelini Vice President [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] I• CORPORATE ACKNOWLEDGMENT staua CALIFORNIA SAN DIEGO ¢ 8 Counq of x' OFFICIAL SEAL ;(�q ': PATRICIA L. BEVIL a Notary Public- California SAN DIEEGO COUNTY My Comm. Exp. Mar. 31, 1992 2119 man Onthlalhe dayall SANUARY 19.Ubeforeme, _PATRICIA L. BEVIL the underaipned Nalary Publle, perwaally emitted peraonaliy known to me Poona to nN an the 1Ne1a of eaudactory eNaenp N IN peraon(s) who executed the within Instrument Y ,NIOR VICE PRF.&- Cle"behailattheeorporatlent hall, and acknowledged to me that the cprporatlon executed IL ,7 11 FSTATE OF CALIFORNIA ass, COONTYoF_ SAN_DIEGO 1 m n OCTOBER 23, 1990 F o ,before me, the undersigned a Notary Public in and for m said State, personally appeared BRIAN 7 AN _ T N and m E ,personally known tome (or proved to me on the '.. I < c basis of satisfactory evidence) to be the persons who executed the within instrument as c � n � LL o VICE President and * * _Secretary, on behalf of o to RARRATT AMERICAN TNf'ORPORATED m U g `m the corporation therein named, and acknowledged to me that a'• OFFICIAL SEAL `= PATRICIA L BEVIL o such corporation executed the within instrument pursuant to its _ .'•,•" U = V Notary Public- California I by -laws or a resolution of its board of directors. '�� SAN DIEGO COUNTY i f m WITNESS my hand and official seal. My Comm. Exp. Mar. 31, 1992 �( m N g / (��Jl / v A� O Si nature Q �.� DAU _ (This area for official notarial seal) ,? PATRICIA L. BEVIL 2120 �'` 8 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded November 21. 1988 as file /page No. 88- 596889 subordinated to the Easement For Sewer purposes as required as a Condition of Approval of TM 4400 ( "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. DATED V =SAVINGS AZZCCIA T ION BENEFICIARY Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgement.] STATE OF CALIFORNIA ) 000NTY OF LOS ANGELES ) ss ttr pn October 24, 1990 said State, a before me the undersigned ppeared A A ESTEP a Notary public in and for personally known to me or proved to me on the basis executed h instrument SAVINGS g 11. satisfactory evidence oC BANK OF AMERICA HAT AND ASSOCIATION. a National Banking Association the Association that executed the within instrument, and acknowledged to me that such Association executed the same. Witness my hand and official seal: V- - - .� OFFICIAL SEAL MARILYN HARVEY � a � „•- l Notary public -C., li.`c;nia y� . ��=+' LOS ANGELES COUNTY My Comm. Exp. Feb. 4, 1991 2121 LEGAL DESCRIPTIONS EXHIBIT "A" PARCEL A A 20.00 FOOT STRIP OF LAND ACROSS PARCEL MAP 9156; IN THE CITY OF ENCINITAS.; COUNTY OF SAN DIEGO; STATE OF CALIFORNIA AS PER MAP RECORDED SEPTEMBER 20, 1979 AS FILE NO. 79- 394359 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE CENTERLINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 9156; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89 048'45" WEST, 344.33 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID NORTHERLY LINE SOUTH 09 047'27" WEST 398.01 FEET TO THE ARC OF A NON- TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 80.00 FEET AND THE POINT OF TERMINUS. A RADIAL LINE TO SAID POINT OF TERMINUS BEARS NORTH 56 032'48" EAST. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE EXTENDED OR SHORTENED TO INTERSECT THE NORTHERLY LINE OF SAID PARCEL 1, AND THE ARC OF SAID 80.00 FOOT RADIUS CURVE. ±�•p PARCEL B A 20.00 FOOT STRIP OF LAND ACROSS PARCEL MAP 9156; IN THE CITY OF ENCINITAS; COUNTY OF SAN DIEGO; STATE OF CALIFORNIA AS PER MAP RECORDED SEPTEMBER 20, 1979 AS FILE N0, 79- 394359 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CENTERLINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: NTY. THE n COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 9156; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 89 049513" EAST 504.35 FEET; THENCE NORTH 89 049139" EAST 166.34 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID NORTHERLY LINE SOUTH 24 015112" EAST 18.77 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 112.21 FEET THROUGH A CENTRAL ANGLE OF 64 017'33 "; THENCE SOUTH 40 002'21" WEST 227.65 FEET; THENCE SOUTH 57 027'44" EAST 171.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 14.80 FEET THROUGH A CENTRAL ANGLE OF 01 041145" TO THE POINT OF TERMINUS. A RADIAL LINE TO SAID POINT OF TERMINUS BEARS NORTH 34 014102" EAST, THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE EXTENDED OR SHORTENED TO INTERSECT THE NORTHERLY LINE OF SAID PARCEL 2, AND THE RADIAL LINE TO SAID POINT OF TERMINUS. DATA \6 - 8012 \LEGAL -1.DOC N00'4400 2122ono SHEET 1 0F11 SHEETS ptAl, o. cF �o Co �w -C M m0 a 1 V I � J tV ` J � o e % allill, :_1 fn fn y 87'�i22�5.F 1 t>l 15' WIDE EASEMENT FOR •f RECREATIONAL TRAIL PU -/ OFFERED FOR DEDICATIa ACCEPTED HEREON, lillool a 29 MuN�1yC�p,�9 �� OLIVEtiMj,LEy�� '�f MtT ER DISTRICT _,.. �, �'►OA•�T27 a -� 9 I� e QKIU�r� To y�QGZJOI4EIJT'. BOG.= EG.r�o r � �� • Ip 3o r I ' r s.t=. w 32 �� �1 �•�,,g r i � �` S'l�(ofo85.F. T 31 A , 36 SUBDIVISION BOUNDARY �; r NOTEe C3 C5 C7 C9 C c1 C CI C C1 RCE4• vI�M cc Icci Ns COL was 1 prA4�e% F T3 150 10, UNDERLYING FEE TO LOT 63 HILL BE V ASSOCIATION, EACH LOT OWNER WILL BE EASEMENT OVER SAID LOT 63 AS SHOWN ON TH LOT 63 KNOWN AS LONE HILL LANE, LATIGO AND CANTLE LANE TO BE PRIVATE ROAD AND SAID PRIVATE ROADS TO BE MAINTAINED ACCORDANCE WITH PRIVATE ROAD MAINTE' MAP-0-14 Ig90 AS FILE/PAGE NO 2123 LOT 63 KNOWN AS LONE HILL LANE, LATIGO ROW, BRIDOON TERRACE, AND CANTLE LANE TO BE PRIVATE ROAD AND PUBLIC UTILITY EASEMENT. SAID PRIVATE ROADS TO BE MAINTAINED ONSITE AND OFFSITE IN ACCORDANCE WITH PRIVATE ROAD MAINTENANCE AGREEMENT RECORDED MAI((%14 I - Iggo AS FILE /PAGE NO. -SUBDIVISION BOUNDARY --A NOO•20'39`E Sb4.311 AW CAr3. -- -- - - - - -_— 33. 0'.'.. x.871 ?A%& A DATA TABI b °..-54.2.5' W PMq% O. pELmA OR BRG 0 87{2fo5.F. i co 1373120 S.F ?� 8�. C�.' t,�'II' oC 2D• E tie :: •• 31..93' e<n1 Ri '� a � � N , •� 1'7 r ` ®A M boa` R tiw f• o °� P. ., .o O•. 20 b7,120 S.F. alt 23 5,F I A 11.63' 5ro•� -- r°= 43 I %%611 µ'21`E RI N q a D 2 Po 0 �a14 � zQs Gal a o2 e„7 !K°K N 0�3IT '� n C38 1 ' 02' 45" i•28'47" L • 02' 45" 1.15'04" ;•07'2211 I.58'05" "56' 1011 1.58105" ' . 5115211 ' 11 3011 38'0111 1'06'03" 511 D0" 5634" •56138" •11'09" '22'47" 1'34'37" •37'43" '44'4111 '53'14" °25'08" 37'48" •25'151° •40154" 05711311 19'52" '5113811 05125 '29'47" '54'18" '3311411 •53'14" '00100" •00'00" 44' 52" °1911 all '32'33" a U01N a° x 0aE a� M zom a ofa owwl43 41 %%611 µ'21`E RI N q a D 2 Po 0 �a14 � zQs Gal a o2 e„7 !K°K N 0�3IT '� n C38 1 ' 02' 45" i•28'47" L • 02' 45" 1.15'04" ;•07'2211 I.58'05" "56' 1011 1.58105" ' . 5115211 ' 11 3011 38'0111 1'06'03" 511 D0" 5634" •56138" •11'09" '22'47" 1'34'37" •37'43" '44'4111 '53'14" °25'08" 37'48" •25'151° •40154" 05711311 19'52" '5113811 05125 '29'47" '54'18" '3311411 •53'14" '00100" •00'00" 44' 52" °1911 all '32'33" ■ RE- RECORDED, 2124 Doc # us 19914022122 16 -JAH -1991 03.40 PM SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVAHS, COUNTY RECORDER 22 00 RF: 12.00 FEES AF: 9,00 MF: 2,00 1