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2001-58998 DOC 2001-0058998 Recording Requested by: Feb O1, 2OO1 9: 19 AM Cardiff Sanitation District When Recorded, Mail to: 8~ BIEGO g~TY E~BE~'8 BFFIOE ~3~¢(,~ District Clerk ~G~Y J. ~[TH, C~Y RE~RE~ Cardiff Sanitation District FEES: 0.~ ~-" 505 South Vulcan Avenue D~: ~ Encinitas, CA 92024 For the benefit of the District SPACE ~OVE FOR RECORDER'S uss ONLY -¢/ ~ SE~R EASE~ Case No. 99-014 Assessor's Parcel Application No. DCS 351 No. 264-091-59 W.O. No. DCS 351 ALVIN F. MAYO AND NANETTE MAYO, TRUSTEES OF THE MAYOFAMILY TRUST DATED FEBUARY 19, 0990 hereinafter designated Grantor(s). owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the Cardiff Sanitation 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 right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the 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 to the 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. Executed this ~ day of [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE; ss. On 1/26/01 ,beforeme, NANCY H. WARNER, NOTARY PUBLIC Date Name and I]tle of Officer (eg, "Jane Doe, Notan/Public") personally appeared ALVIN F. MAYO AND NANETTE HAYO, TRUSTEES Name(s) of Signer(s) Y~personally known to me [] proved to me on the basis of satisfactory evidence ~NCY~,,.W:.--.,ER --~l'b to be the person(s) whose name(s)is/are ~W_,L,,~k Cornrn~Jof~#1189307 [ subscribed to the within instrument and z~ ~ Notedly Public - Califomlo ~ acknowledged to me that he/she/they executed ] ~,,.~[~Jl/x/ Orange County ~' the same in his/her/their authorized ] '"~ MyComm. Expire~3ul6,2O(]2r capacity(les), and that by his/her/their ............. % signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =. WLT, NESS my hand and official seal. Place Notary Seal Above j~g Notary Public 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(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): Top of thumb here [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Asscciation· 9350 De Sote Ave, P.O Box 2402 · Chatswodh, CA 91313-2402 Prod. Ne. 5907 Reorder: Call Toll-Free 1-800-876-6827 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant to the Cardiff Sanitation District, is hereby accepted by the undersigned agent on behalf of the Cardiff Sanitation District pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: [/~t//~ f Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District I certify that on behalf of the Cardiff Sanitation District pursuant to authority conferred by Resolution of the Board adopted March 20, 1979, that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement and consents to recordation the~reof by it~ dulv.~ a~thor~zed~ ~/~ officer. /~ ~- (~ Dated:'I~/~/ By: Alan ~. Archibald, P.E. District Engineer Cardiff Sanitation District GOVERNMENT CODE SECTION 27281 This is to certify on behalf the Cardiff Sanitation District, pursuant to authority by Resolution of the Board adopted on March 20, 1979, the Cardiff Sanitation District accepts the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District EXHIBIT "A" SDE 4432 November 22, 2000 FILE: ...4432surv\ legals\seweresmt.doc LEGAL DESCRIPTION PUBLIC SEWER EASEMENT TPM 99-014 APN 264-091-60 THAT PORTION OF PARCEL "C" OF CITY OF ENCINITAS CERTIFICATE OF COMPLIANCE AS DESCRIBED IN DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 1997 AS DOC# 1997-0614690, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "C"; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 34°58'38'' EAST, 352.19 FEET; THENCE SOUTH 78°39'37'' EAST, 48.00 FEET TO A POINT ON THE ARC OF A 48.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78°39'37'' EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 157.21 FEET THROUGH A CENTRAL ANGLE OF 187°39'01", TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53°58'05"; THENCE NORTH 34°58'38'' WEST, 304.30 FEET; THENCE NORTH 74°32'31" EAST, 21.22 FEET TO THE POINT OF BEGINNING. IOFI EXHIBIT "B" PUBLI~ SEWER EASEMENT PLAT \ \ POS N74'32'31"E PM NO. 1845~ % ~ INDICATES SEWER LINE EASEMENT AREA -- SUBDIVISION l~ BOUNDARY \ PARCEL PARCEL "D" CITY OF ENCINITAS TPM 99-0 ] 4 C£RT/CATE OF COMPLIANCE DOC# 1997-0614690 PARCEL TPM 99-:207 R=2o.oo, \ "~ L=I..~' REMAINDER  PARCEL / '39'01" J I REMAINDER PARCEL 3 PARCEL PARCEL SDE 4432 U:1DATA/SURVEY/4432SUI~/DWG/PLATS/SEWER-ESMT 11/21/00