1998-18 Accept Grants of Easement
r
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RESOLUTION NO. 98-18
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN D lEG UITO WATER D ISTRI CT
ACCEPTING GRANTS OF EASEMENTS FOR A WATERLINE
WHEREAS, a grant of easement from Randy P. Marino and a grant of easement from M.
Alberta Kruger, as Trustee Under Declaration of Trust, dated September 24, 1986, have been
presented to the Board; and
WHEREAS, it is in the interest of the District to accept said easements;
NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED by the Board of Directors of San Dieguito Water District as follows:
1.
That said grants be and are accepted.
2.
That the Secretary of the District be and he is authorized to record the grants on
behalf ofthe District.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of San
Dieguito Water District held on the 16th of December, 1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Bond, Cameron, DuVivier, Guerin, Holz
None
None
None
ATTEST:
: ,;' 11 }@.Æ
r L uren M. Wasserman, Secretary
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Vicinit
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. .Recording requested by:
When Recorded Mail To:
District Clerk
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
Assessor's Parcel
Nos.256-412-15
Project No.: TPM 97-160
Agreement No.: A-O031
A.
Randy P.
Marino,
a married man as his
sole and separate
.
property,
at
to
an
undivided
55%
interest,
and
Randy
P.
Marino,
trustee of the Mae C. Block Revocable Trust,
as to an undivided 45%
interest,
as
tenants
in
common
( "SUBDIVIDER"
hereinafter)
are
the
owners of real property which is commonly known as APN 256-412-15
("PROPERTY" hereinafter) and which is described as follows:
See Attachment A which
made a part hereof.
is
attached
hereto
and
B.
The tentative subdivision of the PROPERTY was approved with
the
final
approval
subject
to
certain
conditions
requiring
the
construction of improvements by SUBDIVIDER.
SUBDIVIDER has applied
for final approval of the subdivision but has not constructed the
.
required improvements.
In consideration of the final approval of the
g:sdwd\eng\forms\liencov.doc
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. . subdivision
("DISTRICT" hereinafter),
of
the
PROPERTY
by
the
San
Dieguito
Water
District
SUBDIVIDER hereby covenants and agrees for
the benefit of DISTRICT, to do the following:
See Attachment B which
made a part hereof.
is
attached
hereto
and
C.
This Covenant shall run with the land and be binding upon and
inure to the benefit of the future owners, encumbrances,
successors,
heirs,
personal
representatives,
transferees
and
assigns
of
the
respective parties.
D.
SUBDIVIDER agrees that SUBDIVIDER's duties and obligations
under this Covenant are a lien upon the PROPERTY.
Upon notice and
.
opportunity to respond, DISTRICT may add to the property tax bill of
the PROPERTY any past due financial obligation owing to DISTRICT by
way of this Covenant.
E.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled to
full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
F.
Failure
of
SUBDIVIDER
to
comply with
the
terms
of
this
Covenant
shall
constitute
consent
to
the
filing by
DISTRICT
of
a
Notice of Violation of Covenant.
.
g:sdwd\eng\forms\liencov.doc
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G.
Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's
duties and obligations contained herein,
SUBDIVIDER may request and
DISTRICT shall execute a Satisfaction of Covenant.
H.
By action of the Board of Directors, DISTRICT may assign to
a person or persons impacted by the performance of this Covenant, the
right to enforce this Covenant against SUBDIVIDER.
g:sdwd\eng\forms\liencov.doc
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8 . ACCEPTED AND AGREED.
8
8
Dated /0 -t{)~ c¡ ~
SUBDIVIDER
~ )1;!~
Rand. Mar' 0
~
(Notarization of SUBDIVIDER signature is attached.)
Dated
SAN DIEGUITO WATER DISTRICT
by
Lauren M. Wasserman
District Manager
(Notarization not required)
g:sdwd\eng\forms\liencov.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
~~\A-
S/\ ~ "b.t.~ D
County of
On
to-'1- ~ ~
before me,
A-M '-{
-6, \J A-ێ/'D
Dale Name and Totle of OffICer (e,g" 'Jane Doe, Notary Public")
personally appeared ~'-( 7. M1'\-€.t N.O ,
Name(s) of Signer(s)
~OnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
U . . whose name(s) is/are subscribed to the within instrument
¡fit AMY E. VARGO 1. and acknowledged to me that he/she/they executed the
- Comm.' 1161753 ~ same in his/her/their authorized capacity(ies), and that by
(ß NOTARY PUBLIC.CAUFORNIA m his/her/their signature(s) on the instrument the person(s),
/, Sin Oil,'o Coun., : or the entity upon behalf of which the person(s) acted,
, COIIIftI. Exp,," Nov. 16,2001 executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TItle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
0 Individual
0 Corporate Officer
TItle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Top of thumb here
0 Individual
0 Corporate Officer
Tltle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association' 8236 Remmet Ave.. P.O. Box 7184' Canoga Park, CA 91309.7184
Prod. No. 5907
ReonIer: Can ToII-F.... 101100-878-6827
...
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ATTACHMENT A TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TPM 97-160
PROPERTY DESCRIPTION
Lot Seven in Block "X" of Seaside Gardens Annex, in the City of
Encinitas, County of San Diego, State of California, according to Map
thereof No. 1801, filed in the Office of the County Recorder of San
Diego County, August 6, 1924.
g:sdwd\eng\forms\liencov.doc
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ATTACHMENT B TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO, TPM97-160
SUBDIVIDER'S DUTIES AND OBLIGATIONS
SUBDIVIDER: Randy P. Marino
Tract or Parcel Map Number: TPM97-160
1 . 0 PROJECT REQUIREMENTS
1.01 No facilities will be installed prior to the acceptance by
the District:
A) Good and Sufficient Security,
B) Acceptable Certificate of Insurance.
1,02 Developer to provide compaction testing per the requirements
of the San Dieguito Water District.
1.03 Developer to provide for construction staking and surveying
for the proposed water facilities.
1.04 SUBDIVIDER
shall,
SUBDIVIDER'S
at
expense,
necessary permits
and
licenses
for
the
construction
g:sdwd\eng\forms\liencov,doc
obtäin
all
of
the
water
"
,
4IÞ . improvements and give all necessary notices and pay all fees and taxes
required by law,
1,05 All public water facilities shall be installed by a Class A
or Class C-34 licensed contractor,
1.06 The plans provided for in this
"Covenant"
conform to the
current sLandards of the DISTRICT.
The SUBDIVIDER will be required to
conform
to
the
standards
applicable
on
the
date
upon
which
construction is commenced on the development
if construction is not
commenced within six months of the date of the execution hereof by the
DISTRICT,
1.07 SUBDIVIDER
shall
convey to
DISTRICT
easements,
us ing the
8
DISTRICT Form of Easement covering the property in which the water
facilities are located at all instances where the facilities are not
located in a dedicated street.
Owner shall have his Engineer
provide
DISTRICT
1,-lith
a
legal
description
and
a
3
1/2"
x
11"
plat
of
easements.
1.08 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to
furnish
all
the
labor,
equipment
and
materials
to
perform
and
complete,
in accordance with the plans and specifications and to the
satisfaction
and
approval
of
the
District
Engineer,
all
of
the
improvements referred to below:
8
g:sdwd\eng\forms\liencov.doc
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A) 8" Gate Valve 1
B) 2" Blow Off 1
C) 8" PVC Main 347
D) 1" Water Service 5
E) Fire Hvdrant 1
F) Relocate Fire Hydrant 1
G) 4" PVC Water Main 33
H)
I)
J)
K) 10% Continqencies
Total Cost Estimate:
ea $ 1,700.00
ea $ 750.00
If $ 17,350,00
ea $ 3.000.00
ea $ 3,000.00
ea $ 1.400.00
If $ 891. 00
$
$
$
$ 2,809.10
$ 30,900.10
1.09 IMPROVEMENT SECURITY:
A) 100% of Cost Estimate
1,10 MISCELLANEOUS COSTS:
$ 30,900.10
$
-0-
1.11 CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Installation Capacity
5ea $ 800,00 $ 10,000.00
$ $
$ $
$ $
$ $
(Refer to Sec, 1.11) $< 6.000,00>
Totals $ 800,00 $ 4.000.00
Total SDWD Meter Fees:
Account Number
A) G069840
B)
C)
D)
Total Capacity
SDWD SDCWA
6,000,00 $ 4,755.00
$
$
$
6,000,00>$< 4,755.00>
$
$
$
$
Credit$<
1.12 SDWD METER FEES:
A) 3/4" meter
B)
C)
D)
E)
Capacity Credit
1-1/2" meter
g: sdwd\eng\forms\liencov. doc
$ 4,800.00
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1,13 SDCWA CAPACITY FEES:
A) 3/411 meter
B)
C)
D)
E)
Capacity Credit (Refer to
5ea
1.14 CAPACITY FEE: (FIRE)
A)
B)
1,15 INSPECTION DEPOSIT:
1.16 DEPOSITS & FEES:
Engineering Fees
SDWD Meter Fees
SDCWA Capacity Fees
Fire Capacity Fees
Inspection Deposit
$
$
$
$
$
Sec. 1,11) $<
Total Capacity
Capacity
7~925.00
4.755.00>
Fees: $ 3.170.00
$
$
Total Capacity Fees:
$
-0-
$
1. 175.00
$
$
$
$
$
-0-
4.800,00
3,170,00
-0-
1.175.00
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED:
$
9.145.00
1.17 The water meter fees including installation and capacity,
are established from time to time by the Board of Directors of the
DISTRICT and the San Diego County Water Authority,
The SUBDIVIDER
g:sdwd\eng\forms\liencov.doc
will by required to conform to the installation and capacity fees
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8 . which are applicable on the date of payment.
allowed to commence until all water fees have been received.
Construction will not be
1,18 The above figures for deposits are estimates only and may
vary
accordingly,
Upon
completion
of
installation,
cost
will
be
computed and billing or refund will be issued to SUBDIVIDER.
1.19 In
the
event
a
90-day
period
elapses
from
the
date
of
recordation of the Covenant,
the above estimated deposits and fees
must
be
revised
and
are
subject
to
condition
of
agreement
with
DISTRICT,
1.20 Filing of the Notice of Completion shall not be accomplished
until the following requirements have been complied with:
8'
A)
All
work
has
been
completed
in
accordance
with
the
plans and specifications, all gate wells have been set flush
with
the
street
surface,
and
meter
boxes
set
to
finish
grade;
B)
A set of original plans
(sepia prints),
corrected to
conform with the work as constructed, has been submitted to
the DISTRICT.
2.0
PROGRESS OF WORK
2.1
Time is of the essence with this Covenant,
SUBDIVIDER
8
shall commence substantial construction of the improvements
required
g:sdwd\eng\forms\liencov,doc
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8 . by this Covenant not later than October 23,
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1999 and shall complete
the improvements no later than October 23,
2001.
In the event good
cause exists,
as determined by the Distric~ Engineer,
the time for
commencement
of
or
construction
completion
of
the
improvements
hereunder may be extended.
Any such extension may be granted without
notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way
affect the validity of this Covenant or release the Surety or Sureties
on any security given for the faithful performance of this Covenant.
The District Engineer shall be the sole and final judge as to whether
or
not
good
an
has
been
shown
entitle
SUBDIVIDER
to
cause
to
extension.
As a condition of such extensions,
the District Engineer
may
require
new
SUBDIVIDER
furnish
to
security
guaranteeing
performance of this Covenant,
as extended,
in an increased amount as
necessary to
for
increase
compensate
construction
costs
any
In
as
determined by the District Engineer,
2.2
If any of the public improvements are to be constructed or
installed
land
owned
by
not
SUBDIVIDER,
construction
on
no
or
installation
shall
be
commenced
prior
the
acquisition
to
and
acceptance by DISTRICT of appropriate property interests,
SUBDIVIDER
shall pay the actual costs of acquisition of such property interests.
2.3
SUBDIVIDER
shall,
SUBDIVIDER's
at
obtain
all
expense,
necessary
permits
the
and
licenses
for
the
construction
of
g:sdwd\eng\forms\liencov,doc
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taxes required by law,
fees and
2.4
SUBDIVIDER shall notify the District Engineer in writing at
least
15
days
prior
to
the
commencement
of
work
hereunder.
No
construction work shall begin until authorized by DISTRICT.
2.5
SUBDIVIDER shall not be entitled to obtain occupancy permits
for the buildings constructed on any lot created by the subdivision
until all required improvements have been provided to the satisfaction
of the District Engineer.
2.6
SUBDIVIDER shall
at
all
times maintain
safe
construction
facilities,
and provide safe access,
for inspection by DISTRICT,
to
8
all
parts
of
the
work
and
to
the
shops
wherein
the
work
is
in
preparation.
2.7
SUBDIVIDER
shall
give
good
and
adequate
warning
to
the
public to each and every existing danger relating to the construction
of the improvements, and shall protect the public from such dangers.
INSPECTION/ACCEPTANCE OF IMPROVEMENTS
3.0
3.1
The District Engineer or his duly authorized representative,
upon request of SUBDIVIDER,
shall inspect,
at SUBDIVIDER's expense,
the
improvements
herein agreed to be constructed and installed by
SUBDIVIDER. If determined to be in accordance with applicable DISTRICT
8
standards and the other terms of this Covenant, the District Engineer
g:sdwd\eng\forms\liencov,doc
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8 . shall approve the
improvements and recommend the acceptance
of the
public
improvements by DISTRICT
through
resolution of the
DISTRICT
Board of Directors,
3.2
The SUBDIVIDER agrees
to pay foE each inspection of the
improvements required by the District Engineer.
3.3
Approval of the improvements and acceptance of the public
improvements by District, shall not constitute a waiver by DISTRICT of
any defects in the improvements.
3.4
Until
such
time
as
the
improvements
required
by
this
Covenant are fully completed by SUBDIVIDER,
approved by the District
Engineer
and
the
public
improvements
are
accepted
by
DISTRICT,
8
SUBDIVIDER will be responsible for the care, maintenance,
repair and
replacement of such public improvements.
4.0
GUARANTEE/WARRANTY
4,1
ONE YEAR,
SUBDIVIDER hereby guarantees and warrants the
public improvements constructed pursuant to this Covenant for a period
of one year after final acceptance of said work to include design,
work,
labor and materials furnished.
If within the one year period,
any public improvement or part of any public improvement furnished,
installed
or
constructed,
or
caused
to
be
furnished,
installed
or
constructed by SUBDIVIDER, fails to fulfill any of the requirements of
8
this Covenant or otherwise fails to function to the satisfaction of
g:sdwd\eng\forms\liencov.doc
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,
8 . the DISTRICT,
DISTRICT, repair,
SUBDIVIDER shall without delay and without any cost to
replace or reconstruct any failing part or parts of
the public improvement.
4,2
TEN
YEARS,
For
ten
years
following
the
acceptance
by
DISTRICT of the public improvements, SUBDIVIDER shall remain obligated
to cure all identified defects in the design,
construction, materials
of the public improvements,
5.0
SECURITY
5,1
FOR CONSTRUCTION OF IMPROVEMENTS
A,
Prior to the sale or transfer of all or any portion of
this Subdivision, or prior to the issuance of any development permits
8
for this Subdivision,
SUBDIVIDER shall furnish to DISTRICT good and
sufficient security in the form of a cash deposit, a letter of credit
or other security as approved by the Distric~ Engineer in ~he amount
of
100%
of
the
~hen-current
estimate
of
construction
cos~s
of
the
improvements to assure faithful performance of this Covenant.
B.
In the event that changes, alterations or additions to
the improvement plans and specifications or to the improvements add
10%
or more
to
the
original
estimated
costs
of
the
improvements,
SUBDIVIDER shall provide additional security in a form satisfactory to
DISTRICT in an amount equal to 100% of the total estimated increase in
8
the
construction
cost
of
the
improvements.
The
amount
of
the
g:sdwd\eng\forms\liencov,doc
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8 . additional security may be adj usted by the amount of work completed
and any prior, partial releases of security.
5,2
FOR ONE YEAR GUARANTEE/WARRANTY.
SUBDIVIDER shall furnish
to
DISTRICT
good and
sufficient
security,
in
the
form of
a
cash
deposit,
letter
of
credit
or
other
secur"ity
as
approved
by
the
District Engineer, in the amount of 25% of the estimated total cost of
the public improvements, to secure SUBDIVIDER's guarantee and warranty
specified herein for a period of one year following the acceptance by
DISTRICT of the public improvements,
6.0
CURING OF DEFAULTS
6.1
In the event that SUBDIVIDER fails to perform any duty
8
or
obligation
imposed
by
this
Covenant,
SUBDIVIDER
hereby
authorizes DISTRICT, at DISTRICT's option, to perform such duty or
obligation twenty (20) days after DISTRICT ~ails written notice of
default to SUBDIVIDER and SUBDIVIDER fails to cure such default.
SUBDIVIDER agrees to pay the actual costs of such performance by
DISTRICT,
The
securi ty posted by SUBDIVIDER pursuant
to
this
Covenant
ma y be
used
by
DISTRICT
for
the
completion
of
such
performance, but shall not limit SUBDIVIDER's liability.
6,2
In the event of SUBDIVIDER'S uncured default, DISTRICT
may take over the work and prosecute the same to completion, by
8
contract or by any other method DISTRICT may deem advisable,
for
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the account and at the expense of SUBDIVIDER.
SUBDIVIDER shall be
liable to
costs' or damages
for the actual
DISTRICT
occasioned
DISTRICT thereby.
Wi thout liability for so doing,
DISTRICT may
take
possession
of
the
construction
site
the
and
work.
In
completing
the
may
work,
DISTRICT
utilize
such
materials,
appliances, plants and other property belonging to SUBDIVIDER as
may be on the site of the work and necessary therefore.
6.3
Should
exigencies
the
of
the
require
repairs,
case
replacements, or work to be done before SUBDIVIDER can be notified
and
given
days
perform,
to
DISTRICT may,
at
DISTRICT's
seven
option
without
and
liability,
make
the. necessary
repairs
or
replacements or perform the necessary work and SUBDIVIDER shall
pay to DISTRICT the actual costs of so doing.
7.0
HOLD HARMLESS
7.1
SUBDIVIDER agrees to indemnify and hold DISTRICT and
DISTRICT's
officers,
officials,
employees
and
agents
harmless
from, and against any and all liabilities, claims, demands, causes
of
action,
losses,
damages
and
including
all
costs,
costs
of
defense
thereof,
arising
of,
in
out
manner
connected
or
any
directly or indirectly with, any acts or omissions of SUBDIVIDER
or
SUBDIVIDER's
officials,
employees,
subcontractors,
agents,
officers or representatives.
Upon demand,
SUBDIVIDER shall,
at
its
defend
DISTRICT
and
DISTRICT's
officers,
own
expense,
g:sdwd\eng\forms\liencov.doc
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officials, employees and agents, from and against any and all such
liabilities,
claims,
demands,
of action,
losses,
damages
causes
and costs.
7.2
herein
includes,
SUBDIVIDER's
obligation
but
limited
alleged
plans,
specifications
defects
in
the
to,
design of the improvements;
but does not extend to liabilities,
claims, demands,
causes of action,
losses,
damages or costs that
is
not
and
arise out of a defect in the plans, specifications or design that
is a result of a change required by DISTRICT to the SUBDIVIDER's
proposed plans, specifications or design so long as such change is
obj ected to,
in writing,
by the SUBDIVIDER,
and the writing is
filed with the District Engineer more than ten days prior to the
commencement of work.
7.3
herein
includes,
SUBDIVIDER's
obligation
but
limited
alleged
in
the. construction
defects
of
to,
improvements;
is
not
the
alleged defects in the materials furnished in the
construction of the
improvements;
alleged inj ury to persons
property;
alleged
property
inverse
condemnation
of
consequence of the design,
construction,
or maintenance
or
or
a
of
the
work or the improvements; and any accident, loss or damage to the
work
improvements
same
the
prior
the
of
to
acceptance
or
DISTRICT.
g:sdwd\eng\forms\liencov.doc
by
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7.4
By approving the improvement plans,
specifications and
design;
inspecting
by
approving
the
improvements;
or
or
by
accepting the public improvements, DISTRICT shall not have waived
the
projections
afforded
herein
to
DISTRICT
and
DISTRICT's
officers,
officials,
employees
and
diminished
agents
the
or
obligation of SUBDIVIDER who shall remain obligated in the same
degree to indemnify and hold DISTRICT and DISTRICT's officers,
officials, employees and agents, harmless as provided above.
7.5
SUBDIVIDER's
obligation
herein
does
extend
not
to
liabilities, claims, demands, causes of action, losses, damages or
costs
that
acts,
arise
of
intentional
out
DISTRICT's
wrongful
DISTRICT's
violations
of
law,
DISTRICT's
sole
active
or
negligence.
8.0
INSURANCE
8,1
The SUBDIVIDER shall obtain and maintain a policy of
motor vehicle liability, public liability,
general liability and
property damage insurance from an insurance company approved by
DISTRICT and authorized to do business in the State of California,
in
insurable
of
amount
less
than
million
not
an
dollars
one
($1,000,000,00)
for each occurrence.
The.insurance policy shall
provide that the policy shall remain in force during the life of
this COVENANT and shall not be canceled, terminated, or allowed to
g:sdwd\eng\forms\liencov.doc
'"
8.
8
8
...
expire without thirty (30) days prior written notice to DISTRICT
from the insurance company.
8.2
DISTRICT shall be named as an addi,tional insured on
SUBDIVIDER's policies.
8.3
SUBDIVIDER
shall
provide
Certificate
of
Workers'
a
Compensation insurance to the DISTRICT.
8.4
SUBDIVIDER shall furnish certificates of said insurance
to DISTRICT prior to commencement of work under this COVENANT.
9.0
NOTICES
9.1
notices
Any
be
given
to
this
under
COVENANT,
or
otherwise, shall be served by certified mail.
9.2
For the purposes hereof, unless otherwise provided in
wri ting by the parties hereto,
the address of DISTRICT and the
proper person to receive any such notice on its behalf is:
District Engineer
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas, CA 92024
and the address of SUBDIVIDER and the proper person to receive any
such notice on its behalf is:
Randy Marino
4405 Manchester Ave" Ste. 106
Encinitas, CA 92024
g:sdwd\eng\forms\liencov,doc
..
8.
8
8
"'
10.0
SUBDIVIDER'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
SUBDIVIDER
certifies
that
SUBDIVIDER
is
of
the
aware
requirements of the Immigration Reform and Control Act of 1986 (8
USC
§§ 1101-1525)
and
will
comply
with
these
requirements,
including
but
limited
verifying
not
eligibility
to
the
for
employment
of
all
employees,
agents,
subcontractors
and
consultants
that
included
in,
satisfy
the
duties
and
are
obligations contained herein.
11.0 PREVAILING WAGES
11.1 SUBDIVIDER
has
been
alerted
the
requirements
to
of
California Labor Code section 1770 et seq:, which would required
the payment of prevailing wage rates and the performance of other
requirements if it were determined that this Covenant constitutes
a public works contract,
SUBDIVIDER has also been advised and
understands that the Office of the Attorney General of the State
of California has rendered an Opinion (No. 86-803) concluding that
prevailing wages must be paid by a private developer where
a
public agency retains control over construction of the project and
the
facilities
are ultimately dedicated to
the
public
agency.
SUBDIVIDER has further been advised that the California Department
g:sdwd\eng\forms\liencov.doc
~
8.
8
8
'.
of
Relations
position
Industrial
presently
disagrees
with
the
taken by the Office of the Attorney General in Opinion No. 86-803.
11.1 It shall be the sole responsibility of the SUBDIVIDER
to determine whether to pay prevailing wages for any or all work
required by this Covenant.
As a material part of this Covenant,
SUBDIVIDER agrees to assume all risk and liability arising from
SUBDIVIDER's
decision
wages
prevailing
not
to
for
work
pay
required by this Covenant.
11.2 As a further material part of this Covenant, SUBDIVIDER
agrees
to
hold
and
its
harmless
and
indemnify
the
DISTRICT
officers,
employees,
consultants,
and
from any and
all
agents
claims,
liability,
expenses,
loss,
damages,
fines,
costs,
and
penalties
of
whatever
including
all
type
costs
of
nature,
or
defense and attorney's fees, arising from any alleged failure of
the SUBDIVIDER, or SUBDIVIDER's contractors or subcontractors, to
comply with the prevailing wage laws of the State of California.
If the DISTRICT or any of the indemnified parties are named as a
party in any dispute arising from the failure of SUBDIVIDER or
SUBDIVIDER's
contractors
subcontractors
pay
prevailing
to
or
wages,
SUBDIVIDER
agrees
that
the
DISTRICT
and
the
other
indemnified parties may appoint their own independent counsel, and
SUBDIVIDER agrees to pay all attorney's fees and defense costs of
g:sdwd\eng\forms\liencov.doc
..
8.
8
8
"
the
other
parties
as
billed,
indemnified
and
the
in
DISTRICT
addition
penalties,
losses
all
fines,
other
damages,
and
to
incurred by the DISTRICT and the other indemnified parties as a
result of the action.
12.0 GENERAL PROVISIONS
12.1
Nei ther SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be considered to be agents of DISTRICT in
connection
SUBDIVIDER's
and
with
duties
the
performance
of
obligations under this Covenant.
12,2
Sale or other disposition of the PROPERTY will not
relieve
obligations
set
forth
from
duties
and
the
SUBDIVIDER
herein.
12.3
provide
improvements
as
an
the
shall
SUBDIVIDER
independent contractor and in pursuit of SUBDIVIDER's independent
calling, and not as an employee of DISTRICT,
SUBDIVIDER shall not
be under control of the DISTRICT except as to the result to be
accomplished.
SUBDIVIDER may confer with DISTRICT as required to
perform this Covenant.
12.4
No verbal agreement or conversation with any officer,
official, agent or employee of DISTRICT, either before, during or
after the execution of this Covenant, shall effect or modify any
of the terms or obligations herein containèd.
g:sdwd\eng\forms\liencov.doc
'.
~:ORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
FOR THE BENEFIT OF THE DISTRIC
WHEN RECORDED MAIL TO:
SAN DIEGUITO WATER DISTRICT
P.O, BOX 231010
ENCINITAS, CA 92023-1010
GRANT OF EASEMENT FOR WATER LINE
The undersigned, Randy p, Marino, a married man as his sole and separate property, as to an undivided 55% interest, and Randy p,
Marino, Trustee of the Mae C, Block Revocable Trust, as to an undivided 45% interest, as tenants in common, as to Parcels 1 and 2; and M.
Alberta Kruger as Trustee under Declaration of Trust dated September 24, 1986 as to Parcel 3 herein, hereinafter designated GRANTOR, for
a valuable consideration, hereby grants to the SAN DIEGUITO WATER DISTRICT, an irrigation district organized and existing under and by
virtue of the laws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito
Water District, its successors and assigns, an exclusive and pennanent easement of right of way in, upon, over and across the lands hereinafter
described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes
lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses
and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right-of-way, together with the
right to clear and keep clear said right-of-way from buildings, structures, explosive, trees, and other material or growths detrimental to the uses
herein granted.
The lands in which such easement of right-of-way is hereby granted are situated in the County of San Diego, State of California, and
particularly described as follows, to wit:
. The route of said easement of right-of-way across the aforesaid lands shall be as follows: SEE EXHIBITS "A" & "8"
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for
agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the
installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as
are or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant tree$ or construct or cause to the be constructed
and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or pennillo be stored or use upon said
right-of-way any blasting supplies or explosives commonly used for blasting purposes.
And the Grantee hereby agrees that il will avoid unreasonable interference with the use by Grantor and his successors of said right-of-way,
and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of the land herein described, subject 10 the conditions above
stated; and agrees to pennit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across
the right-of-way in a manner which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line, it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installation of its pipe lines, to restore
the surface grade above the pipe to as near the original elevation as practicable. All present installed utilities will be interfered with as little as
possible and if interrupted will be promptly restored to use at the expense of the Grantee.
Witness
~
hand
this
\ß~ day of ~ .19C1ð.
1£. ~ iç:f
~~~~
, Witness
8
, Witness
280l.doc (07-10-95)
-.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
c.M_.,,;'~ , ~
~ DI~O
\\ -\ '3--9 B before me, ~'-f 6- \!A-e90) /..\dìfril.-y PùðU~
Date ...--:::> ~ I ~ '--'" <. \c N~me :~tI: 0: O:i~~C.9.' 'Jane Doe, Notary Publicì
personally appeared ~ì \ I~~ \ ~ ~ '-Y'--'
State of
County of
On
Name(s) 01 Signcr(s)
~perSOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscr~'be to the within instrument
~ - - and ac~n wledged to me th h Vshe/they executed the
¡. AMY E. VARGO~ ~e i i her/their authorize capacity(ies), and that by
- Comm.' 1161753 ( ) is er/t eir signature(s) on the instrument the person(s),
U).. NOTARY PU~LlC'CALlFORNIA - r the entity Upon behalf of which the Person(s) acted
Sin 0"'0 Count, . '
W, Comm, bpi"l Nay. IS. 2001 executed the Instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on ¡the document and could prevent
fraudulent removal and reattachment of this form to another documMt.
Description of Attached Document
TItle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Signer(s}
Signer's Name:
Signer's Name:
0 Individual
0 Corporate Officer
Tltle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
0 Individual
0 Corporate Officer
TItle(s):
0 Partner - 0 Limited! 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Top of thumb here
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
lQ 1994 National Notaoy Association' 8236 Remmel Ave.. P.O. Box 7184' Canoga Park, CA 91309.7184
Prod. No, 59at
ReonIer: CaD ToI.f'- I-BOO-876-6827
~,
8
This is to certify that the interest in real property conveyed by the deed or grant dated
. from Randy P. Marino, a married
man as his sole and separate property, as to an undivided 55% interest, and Randy p, Marino, Trustee of the Mae C. Block Revocable
Trust, as to an undivided 45% interest, as tenants in common, as to Parcels 1 and 2; and M. Alberta Kruger as Trustee under Declaration of
Trust dated September 24,1986 as to Parcel 3 herein to the SAN DlEGUITO WATER DISTRICT, a governmental agency is hereby accepted
and SAN DlEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer.
Dated
.19-
By
Lauren M. Wasserman, District Manager
8
8
280I.doc (07-10-95)
8.
8
8
",
EXHIBIT "A"
LEGAL DESCRIPTION
Portion of APN 256.412.15 (Marino)
To Be Granted as a Public Water System Easement
to San Dieguito Water District
That Portion of Lot Seven in Block "X" of Seaside Gardens Annex, in the City of Encinitas,
County of San Diego, State of California, according to Map thereof No, 1801, filed in the Office
of the County Recorder of San Diego County, August 6, 1924, described as follows:
Commencing at the NorthWest comer of said Lot 7; thence South 88 ° 48'42" East (Record North
89°30'30" West) along the Northerty line of said Lot 7, 8.16 feet to the True Point of Beginning
of the herein described Easement; thence continuing South 88 o 48'42" East along said Northerly
line 489.20 feet; thence leaving said Northerty line South 1 °11'18" West 12.00 feet; thence North
88 ° 48'42" West 12,00 feet to the beginning of a tangent 28,00 foot radius curve, concave
SouthEasterty; thence Westerly and Southerly along the arc of said curve 43.98 feet through a
central angle of 90°00'00"; thence té!ngent to said curve South 1 °11 '18" West 8.00 feet; thence
North 88°48'42" West 24.00 feet; thence North 1 °11' 18" East 8,00 feet to the beginning of a
tangent 28,00 foot radius curve, concave SouthWesterly; thence Northerly and Westerly along
the arc of said curve 43,98 feet through a central angle of 90°00'00"; thence tangent to said
curve North 88°48'42" West 23.31 feet; thence South 1 °11'18" West 2,00 feet; thence North
88°48'42" West 4.00 feet; thence North 1 °11'18" East 2,00 feet; thence North 88°48'42" West
23.00 feet; thence South 1 °11'18" West 5.00 feet; thence North 88°48'42" West 10,00 feet;
thence North 1 °11'18" East 5.00 feet; thence North 88°48'42" West 63.00 feet; thence South
1 °11'18" West 2.00 feet; thence North 88 o 48'42" West 4.00 feet; thence North 1 ° 11 '18" East
2,00 feet; thence North 88 ° 48' 42" West 111.00 feet; thence South 1 °11' 18" West 2.00 feet;
thence North 88 ° 48'42" West 4.00 feet; thence North 1 °11'18" East 2,00 feet; thence North
88°48'42" West 109,00 feet; thence South 1 °11'18" West 2.00 feet; thence North 88°48'42"
West 4.00 feet; thence North 1 ° 11 '18" East 2.00 feet; thence North 88 ° 48'42" West 44.42 feet
to a point on the arc of a 588.00 foot radius curve, concave Westerly to which a radial line bears
South 76 ° 18'29" East; thence Northerly along the arc of said curve 12.26 feet through a central
angle of 1 °11'43" to a point on the arc of said curve to which a radial line bears South 77°30'12"
East, said point being also the True Point of Beginning.
"""...... ""1 1""
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..'~ <.. ~~ """"'0 ~c. I",
.$' ~v ,., 0'0 ~ ";,.
i ~ .0' BRIAN '0, ~ ~
~~.- DOI\.I"LD '.~~
-I.LJ- ,.¡-\ '-,..",
âe:::: No.2Gî76 : '" ~
=-* ~ CIVIL Eoq:{!
'\ ~\ ~ofession31 /;:,-/
~ ." ";~r ~'-O~. ~\.'
~'. / j:' "..,......, Co ~~~~.
.,~ , O. \..\ '\ ;,.'
'h ~ . "
,."""""'" ,..,
8
EXHIB"'B"
EASEMENT FOR PUBLIC WATER SYSTEM TO SAN DIEGUITO WATER DISTRICT
.
.
.
sc,ALE: 'I : 60'
~
0 25 50 75 100
J\¡J a p J\j 0 ~ -J B O-J
Delta = 1°1.2'25'
R 580.00' L = 1.2.2.2'
I ~~ \/ ~~
BJ 0 01\ ./\
Lot B
Extstilg PrIvate Road aid ADliG 11111tles Easement Privc:i6 Roads to be Mantai1ed
DoamenI: tb.lC q&.ol4ð14ð ~ded SJlC ~ ., aGGOrdcru with Privc:i6 Road
AAD Proposed Eœønent for AbIiG }'tier StJst6m.. r Mailtenau Þqeement recorded SJ1C Að
to be 6ra1ted Þj others to SaI DieqlIto N:2ter DistrlGt /I as DoG. No. C C &-oI4ðI4'1
N 88°4ð'4.2" ri 4'15.06' t:.. - S1+L - - - - - - - - ~
N 00°48'4.2' ~ 565.56' ë.lot 6 t; -- -
. ._~//// ////- / ,"l/////~//, ~8.00'
/g~-.JIEW -- ---./.t..t./ / / /. / / / /// ' 108.00'
N 88°4ð'4.2 Yi 9q'1.1S' . ~{j / // / Nð8°4ð'4.2"~ /.2
11 00' l' 1 .1': ~ °00'00' .
. ~ DeltCI = '10° R 7 .21;.00' /:" // ~J~ð.d8 :
l = 49.Cfð / / L = 49.'18' J
NI°1I'18"E 8.00' 8.00'
Nð8°48'4.2'ri 24.00' ParceJ 5
ParceJ 4 í'L
iii
I
P/L.
.42:
De/ta = 1°11'49'
R 58800' L = 1.2..2tpA.
Pan~eJ -J
Portion of Lot 1 D6diGated tor fìbliG
~ FU-poses on Pacel ~
AND Proposed Eœ6rœnt tor ÁbIiG ttUr System
to be 6raied Hereon to SaI ~Ito ttUr DlstrlGt
-r P J\¡J 9 7 -' -J B 0
Lot 7
.,'0\\""""""'" .
..",,!, . . ç ~ C \V It II,..
.' <. ~~....\.I ~ ".
.i; A...;,v' ..,....... (1/ ~I
~ ~;, .-- -', 'c. I,.
l~' ~~. En It~N "" ~- .~,
J c,~: DC!,J~.LD ". ~ t
~.;) "~,~~:75 ¡:~
':: ,". PI'" ,- : ~
,,:. .' , '. e,. Ij~,slorlc.1 . ~ ~
",(0"'2. ~ .,'-
~,.' ",.~..;-",.~1~'" -~'f
~I t. ".c..."- (,,"- ,'"
",I.,. 0 F " \. \ "" :..,..-
,0",..,.", ", .:...-",
"
.C~RDING REQUESTED BY:
SAN DIEGUlTO WATER DISTRICT
FOR THE BENEFIT OF THE DISTRIC
WHEN RECORDED MAIL TO:
SAN DIEGUITO WATER DISTRICT
P.O. BOX 231010
ENCINITAS, CA 92023-1010
GRANT OF EASEMENT FOR WATER LINE
11ßc..
The undersigned, M, Alberta Kruger, as Trustee Under Declaration of Trust, dated September 24,.J..H6"', hereinafter designated GRANTOR,
for a valuable consideration, hereby grants to the SAN DIEGUITO WATER DISTRICT, an irrigation district organized and existing under arid by
virtue of the laws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito
Water District, its successors and assigns, an exclusive and pennanent easement of right of way in, upon, over and across the lands hereinafter
described, for the purpose of locating, relocating, constructing. reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes
lines, and all fixtures and appurtenances incidental thereto for use in connection thcrewith, for the transmission and distribution of water and all uses
and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right-of-way, together with the
right to clear and keep clear said right-of-way from buildings, structures, explosive, trees, and other material or growths detrimental to the uses
herein granted.
The lands in which such easement of right-of-way is hereby granted are situated in the County of San Diego, State of California, and
-J~rticularly described as follows, to wit:
8
The route of said easement of right-of-way across the aforesaid lands shall be as follows: SEE EXHIBITS "A" & "B"
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for
agricultural uses except for the planting and growiflg of trees; and the right to cross or make use of the surface in a manner not detrimental to the
installation, construction. operation. inspection, repair. maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as
are or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he wiII not plant trees or construct or cause to the be constructed
and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or stIne or pennit to be stored or use upon said
right-of-way any blasting supplies or explosives commonly used for blasting purposes.
And the Grantee hereby agrees that it will avoid unreasonable interference with the 'use by Grantor and his successors of said right-of-way.
and agrees not to fence the samc. and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above
stated; and agrees to pennit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across
the right-of-way in a manner which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line, it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installation of its pipe lines. to restore
the surface grade above the pipe to as near the original elevation as practicable. All present installed utilities wilI be interfered with as little as
possible and if interrupted will be promptly restored to use at the expense of the Grantee.
~~~
~~ .19C:¡S,
Þn. ~f-~~ /~ A J 1--VV'
N.. ~.... ~~ ét&e-.-
Witness
~ .1"r1T~and
this
day of
. Witness
. Witness
8
2801.doc (07-10-95)
to,
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.
On
~-k
~ D>~D
\l - ~ B
before me,
¡4M"!€ ' a ~ t>~G,
Name and TiUe of OffICer (e.g., Jane Doe, Notary Public'
. State of
County of
Date
personally appeared
Name(s) 01 Signer(sþ .
0 personally known to me - OR -~oved to me on the basis of satisfactory e idence to be the person(s)
- - "( whose name(s) is/are subscri ed to the within instrument
.r (I AMY E. V ARGO and acknowl ed to me tha h~they executed the
- Comm.11161753 sam On hl~elr authorize capaclty(les), and that by
U) NOTARY PU~UC.CAUFORNIA ~ hi~heir slgnature(s) on th instrument the person(s),
~ SID 011.'0 County.. o~~ntity upon behalf of hich the person(s) acted
lIy Camlll. bpI!" NoY.16,2001 i d h . '
- .. . execute t e Instrument.
-
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on he document and could prevent
fraudulent removal and reattachment of this form to another docum nt.
Description of Attached Document
TItle or Type of Document:
Document Date:
Num er of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
Top of thumb here
0 Individual
0 Corporate Officer
TItJe(s):
0 Partner - 0 Limite 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conse ator
0 Other:
0 Individual
0 Corporate Officer
TItle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Top of thumb here
Signer Is Representing:
Signer Is RepreseIJting
«)1994 National Nolary Association. 8236 Remmel Ave.. P.O. Box 7184 . Canoga Park. CA91309-7184
Prod. No. 59
R~er: CaB Toll-Free 1-801).878-6827
:"",~:, <"
'-
..
8
This is to certify that the interest in real property conveyed by the deed or grant dated
from M. Alberta Kruger. u
"~'"
Trustee Under Declaration of Trust, dated September 24, 1966 to the SAN DIEGUITO WATER DISTRICT, a governmental agency is;k
"'.,~.,,¡-~<"
hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. ',~\'zt.*.
" "',' :',
, ",' ,~,;>£".;
'i1:~i~i
, , ':i~'<~T~'f
: ~;:f::~'1.}~~'.
Dated
,19-
By
Lauren M. Wasserman, District Manager
8
,,"~),~,;,;;t~;;J:
"""~.;.,~ '
',' " '~"4~'
,.: .~~~~~¡(~:
""'~$o~
, "~::~~i};~~/:
"~:- ",~",..
8
2801.doc (07-10-95)
;~;);;,~~itJ1~f
8.
8
8
...
"
"
EXHIBIT "A"
LEGAL DESCRIPTION
Portion of APN 256.412.13 (Kruger)
To Be Granted as a Public Water System Ease ent
to San Dieguito Water District
The Southerly 12,00 feet of Lot Six in Block <IX" of Seaside Gardens Annex, in the City
of Encinitas, County of San Diego, State of California, according t Map thereof No,
1801, filed in the Office of the County Recorder of San Diego Coun ,August 6, 1924,
exceotina therefrom the Easterly 68.00 feet.
....,
".
EXHIBIT "B"
EASEMENT FOR PUBIJC WATER SYSTEM TO SAN DIEGUITO WATER DISTRICT
"
,
SCALE: 'I = 601
~
0 25 ~ 75 100
JvJ a Þ J\J 0.. -J B O-J
8J 0 C}\ )(~
Lot 6
Existing Private Road aid PtbIIc Utilities Easement
Doo.ment tb. IQQ&-oI4ðI4ð Recorded S/lCfft1ð
AND Proposed Eœernent for PIbIIc rtater :ystem
to be 6ralted Her6Gn to SaI Dfe9lJ~ District
, .11 .._-_..///~/~~0;~';~:~..4C¡5:~'.t--
~.I. / / / / / ~~~/ / / / / /~.t. / / / / / (~~fN 88°48'42" ri 565.36'
~ -- ~-
- - - -- E6H"F- - - - - OC~EW TER~CE
DeltGI = 1°1143. ,~ N 88°48'42. W 3'1Cf,13' - - -
R 588.00' L = 12.26'
parce] -] P/L arce] 2 P/L. parce]
Exlstilg Private Road and Utilities Eœement
Document No. IQQð-Ol4ð14"1 ReGor,
Proposed 12' Ytde Public Set'l8r Easement
be D~kated QnPa~ Mcf f«' TfM!t1.tQO
DeltGI = 1°12'25"
R 500.00' L = /222'
Portion of Lo~ "1 Dedicated for Fib'Ic
Ro~ RIrposes on Paul Map
Private Roads to be Malntai1ed
tJ auada1G6 rtlth Private Road
HatJtenau Aq'eement reGOt'ded SAW
as Doc. tb. IQQð-Ol4ð14tl
/77 m :¡:T/7T /'TT /77 /77/77 d
L Þ / / / / / ~-"-"/ / / / / '-I. / ~~--
Lot "1 .OO~ 68 Oði
- - - "b 108.00' '
Delta = CfOoOO'OO \ Q / Nð8°48'42"ri 12.4>0
~R = 28.00' * DeltGI = CfOoOO'OO.
L - 43Cf8' R = 28.00' í
- Nioll'18"E ð.OO' L, = 43."8' J
Nð8°48'42"ri 24.00' 8.00
Paroe] Lj. Parcel 5 11..
i
P/L
Lot 7
f"
to.
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SAN
DIEGUITO
WA
ER
DISTRICT
59 EAST" 0" STREET
ENCINITAS, CALIFORNIA 92024
(619) 753-1145
SUBORDINATION OF BENEFICIARY OF DEED OF TRU T
In consideration of the mutual benefits arising fro
the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiary under that certain deed 0
trust, recorded
in the Office of the San Diego County Recorder at File/Pa e No.1997-0392D40,
encumbering said property, consents to the granting of th
aforesaid easement
8
and unconditionally waives, relinquishes and subordinates the lien or charge
of said deed of trust to said easement, and agrees that t e easement shall at
all times be an interest in said property prior and super'or to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM or
TPM Number
97-160
--~
(Signatures must be acknowledged)
8
~~IFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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~ State of CAJ-i ¡::;.()erJi,~
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County of ORAAlGe.
On NöVE-Mflf;fL. ~. 9'ÿ before me,
Date
J.l.AIl) ~ Ú
personally appeared
L'Ñ':a~andT~~~~~~Jne~~!;~l PvblJ,CJ
F. )-fAR..Ml:;;S. TRU:tTe-£: ,
Name(s) of Signer(s) ------,-
,
0 personally known to me I
ErProved to me on the basis oflsatisfactOry evidence
to be the person(~ whose nam (ÎJ is/are subscribed to the
within instrument and acknowle ged to me that he/s~/t~y
executed the same in his/he'r/t ir authorized capacity(iøS),
and that by hislhér/tMir signat re(s) on the instrument the
person(~, or the entity upon b half of which the person(s)
acted, executed the instrument
I
I
WITNESS my hand and officiallseal.
I
OP ONAL
Though the information below is not required by'Iaw, it may prove valuable to persons relying 0 the document and could prevent
fraudulent removal and reattachment of this form to another docu ent.
rJ 0 tV ç;;;
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!;Jeflle¡: ICIAAr
I
Numfer of Pages:
I
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Signer's Name: -I
0 Individual I
0 Corporate Officer I
TItle(s):
0 Partner - [] Limite 0 General
0 Attorney-in-Fact
0 Trustee I
~ g~h~~ian or conserator
I
Top of thumb here
~ ... - - - - ~N;A;;~D - - ~
- ~ Commission * 1049558
~ ....-. Notay Public - California ~
i-orange County f
. MyComm. Ðcpies.Jon 12. 1999
------------
Description of Attached Document
TItle or Type of Document: Su h OR D , ~ R r, ¿,ú
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<XI
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Document Date:
fJO ~DA-nE
(j{:
0 ¡:. P Ea) () F T f2,()S r
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representin~:
I
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Signer's Name:
-
to 1996 National Nolary Association' 8236 Remmel Ave.. P.O. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 590
Reorder. Call ToIl-Free 1-8Q0.878-@27
I
_J
0 Individual
0 Corporate Officer
TItle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
1$ Trustee
0 Guardian or Conservator
0 Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
. .