Loading...
2001-462681 DO8 2001-04a2as1 Recording Requested by: ) City of Encinitas ) Ju 1 06, 2001 11: 02 When Recorded, Mail to: ) ~[I~IAL City Clerk ) S~N DIE~ C~TY RE~OR~R'8 OFFICE ~G0~ L SMITH, COUNTY 505 South Vulcan Avenue ) FEES: 0.00 Enclnitas, CA 92024 ) For the benefit o~ the City ) ~": IRR'iOATION ACCESS EASEMENT Assessor's ~a~//., Project No. 6850 G No. 2J?-J00-02,03,0J-07,29,30 N.C. No. 94-066 Encinltas Town Center Associates II, A Delaware Limited Liability Compan~y 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 access as required for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of irrigation facilities, equipment, lines and/or mains, 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 sa~id Grantee may deem proper, needful or necessary to obtain access as needed in the construction, reconstruction and maintenance of said irrigation lines or structures incidental thereto. To have and to hold said access 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 o~ San Diego, State of California, and is particularly described as follows: ~'~ 0880-G8~ (G~G) uosI~Ho~N ue~ ~0:~0 IO ~! ~eN 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. The Grantors hereby~ covenant and agree ~or 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 o[ 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 an~ 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. Executed this ! ~- day of ~/ 2001. t . By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ , personally appeared /A~:~ ":~~s) of Signer(s) ~personally known to me ~ proved to me on the basis of satisfacto~ evidence  to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. WITNESS my hand and o~icial s~l. OPTIONAL Though the information below is not ~quired by la~ it may prove valuable to pe~ons relying on the document and could prevent fraudulent removal and rea~achment 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 Signer's Name: ~ Individual ~ ~ Corporate Officer~Title(s): Topofthumbher~ ~ Padner ~ ~ Limited ~ General ~ Attorney in Fact ~ Trustee ~ Guardian or Conse~ator ~ Other: Signer Is Representing: © 1997 National NoraW Association - 9350 De Soto Ave, P.O BOX 2402 · Chatsworlh, CA 91313 2402 Prod No 5907 Reorder: Call Tolr Free 17800 876-6827 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or ~ant to the City of Encinitas, a Municipal Corporation, is h~reby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authohty conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated:/~/~-'//,0 Alan D. Archibald Director of Engineering Services City of Encin/tas SUBORDINATION AGREEMENT Whereas, those parties~concerned, desire to have the Deed of Trust recorded ~-I~-%oo~ as file/page No. ZoOI-OB9 ~O~ subordinated to Easement For Access and Maintenance of P%ublic Irrigation Facilities ("DOC%~M~I~T" hsreinefter); City of Encinitas; 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 BENEFICIARY OR TRUSTEE DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgement. STATE OF CALZFORNZA COUNTY OF SAN DIEGO ss. On this 16tbday of May , 2001, before me, Jacquelyn E. Alexander a Notary Public in and for the State of California, personally appeared Jeffrey R. Reed , ' .. me (or proved on the basis of satisfactory evidence) to be the person(,~ whose name(M') is/_e~ subscribed to the within instrument and acknowledged to me that he/s)~e/tJ~y execut,ed the same in his/he/r/~vneir authorized capacity(je~), and that by his/h~/tb/eir signature,'0 on the instrument the person(,~'), or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal Signature  ota ~Pu~ic NOTARY STAMP I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas accepts and consents to the making of the fore~oin~ Subordination Agreement and consents to recordation thereof by its duly authorized officer, Alan D. Archibald Director of Engineering Services City of Encinitas EXHIBIT A (LEGAL DESCRIPTION)- SHEET I OF 1 IRRIGATION EASEMENT Those portions of Lots 5, 7 and 8 of Amended Map of Encinitas Map No. 13258, City of Encinitas Tract No. 94-066, Units I, II and III, In the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13333, filed in the Office of the County Recorder of San Diego County, June 3, 1996, described as follows: The Southwesterly 5.00 feet o'f the Northwesterly 52.00 feet of Lot 5 of said Map No. 13333. Together with the Southwesterly 5.00 feet of Lot 7 of said Map No. 13333. Also together with the most Southwesterly 5.00 of Lot 8 of said Map No. 13333. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ( ~Exp. 06/30/01 ¢ ) / ,o. 7 2o .4 SHEET 1 OF 1 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) IRRIGATION EASEMENT '- VICINITY MAP t,.~ NO SCALE LOT 0 ~- LOT 6 / LOT 7