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2002-40629 DO0 002-0040629 JAN 16~ 2002 4:25 P~i Recording Requested by: ~FIOI~ R~ District Engineer SM QIEGO O~NTY ~00~[R'S OffIC£ G~GORY J. ~ITH, COUNTY REARER When Recorded, Mail to: FEES: 0.~ District Clerk ~: NA Cardlff Sanitation Dlstrlct WAYS: 2 505 South vulcan Avenue Enclnitas, CA 92024 Eor the bene£1t of the District SPACE ABOVE ~OR RECORDER'S USE ONLY ~ SEWER EASEMENT Assessor's Panel Project 00-291 No.260-430-67%,68~ W.O. No. DCS 388 JOHN HAYWARD 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 exclusive 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, fences, 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. Cov. HAYWARD DCS 388.doc 12/11/01 The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, 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 by 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 use of said easement and right-of way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon and the entire area encumbered by the sewer easement shall be graded flat and unobstructed at all times, unless authorized by the Grantee in writing. 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 buildings or structures of any nature or kind that will interfere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key at all times. In addition, Grantors, their successors or assigns, will be responsible for all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. 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 in any excavation made by it in the above described easement and right-of-way Grantee 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. Cov. HAYWARD DCS 388.doc 12/11/01 [Signature of OWNER must be notarized. Attach the appropr±ate acknowledsement. ] This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and Grantee consents to the recordation thereof by its duly authorized officer. LEROY BODAS, District Engineer Cardiff Sanitation District Cov. HAYWARD DCS 388.doc 12/11/01 CALIFORNIA ALL-PURPOSE ACKI,;OWLEDGMENT t? [] personally known to me - OR - I~roved to me on the basis of~satisfactory evidence to be the person(s) t~ whose name(~"i~a re subscribe~o the within instrument ~' and acknowleo~'ed to me tha'dhe~she/they executed the ' ] ~ ""FEI ........ ! s~aj~je ~l~her/the~r authorize'e~ ~pacity(ies), and that by I~ ARTHUR'~ ~"'"'P ARQUILLA°='*" E (~his~er/their. signature(s) on the instrument the person(s), ,~NOT^RY PUBLtC-CALIFORNIA~ 'Or the ent,ty upon behalf of which the person(s) acted, ~ COMM. NO 1334102 ~ x ' - ~ ~,N DiE~)'COUNTY e ecuted the ~nstrument. OPTIONAL Description of Attached I~ocumerrt~ Titte or Type of Document: r~~ Document Date: Number of Pages: ' Signer(s) OtherThan Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): _ [] Partner-- [] Umited [] General [] Partner-- [] Limited [] General [] Attorney'in-Fact [] Affomey-in-Fact [] Trustee [] Trustee [] Guardian or Conservator ~ [] Guardian or ConserVator [] Other: Top of thumb here [] Other: ro~ of thumb her~ Signer Is Representing: Signer Is Representing: SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have ~he Deed of Trust recorded 4-19-0! as file/page No. 20OI-0240813 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As Cond/~ion of Approval Of P C 00291 ; 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 prier to said Deed of Trust. January 4, 2002 Community National Bank DATED BENEFICIA~R TRUSTEE Donald W. Mur a~y Title: Executive Vice President January 4, 2002 CoI ~ N~tional Bank DATED BEN i~I~R~ORTRUSTEE By: \ [ichard Visser Title: First Vice President Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. COV,HAYWARD DCS 38@.doc 12/11/01 I certify on behalf of the Board of Directors of the Cardiff Sanitation District, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979 that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. LEROY BODAS, District Engineer Cardiff Sanitation District Cov. HAYWARD DCS 388.doc 12/11/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ss. County of San DieRo ~ On January 4, 2002 , before me, Mary T. Fry~ notary public Date Name and Title of Officer (e g "Jane Doe NotaP/ Public) personally appeared Donald W. Hurray** ,¢~ Name(s) of Signer(s) ""'~'personally known to me I proved to me on the basis of satisfactory i~ evidence to be the person(s) whose name(sC~'are subscribed to the within instrument and acknowledged to me that~she/they executed  the same in ..~i.s~her/t heir authorized capacity(ies), and that by ~her/their ,0 signature(s) on the instrument the person(s), or ~ the entity upon behalf of which the person(s) ~ ~ ~ Mvc.,.,,.r::~im. ju~22, _~-~,~, acted, executed the instrument. - , WITNESS my hand and official seal. OPTIONAL - Though the information below is not required by/aw, it may prove valuable ~o persons relying on the document and could prevent fraudulent removal and reattachment of this forn7 to another document. Description of Attached Document Title or Type of Document: Subordination Agreement "~ Document Date: ,January 4, 2002 Number of Pages: 2 ~i Signer(s) Other Than Named Above: Richard Visser* d Capacity(ies) Claimed by Signer Signer's Name: Donald W. Murray* ~ LJ Individual ' L;~ Corporate Officer Title(s): Executive Vice President Top of thumb hero ½ Partner-- ~ Limited General ~' L Attorney in Fact Trustee · Guardian or Conservator L J Other: ? Signer Is Representing: Community National Bank CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 sS. ~ County of San DieAo On January 4, 2002 , before me, Mary T. Fry~ notary public i personally appeared Richard Visser** · Name(s) of Signer(s) ersonally known to me L I proved to me on the basis of satisfactory evidence to be the person(s) whose name( are subscribed to the within instrument and acknowledged to me th.~/she/they executed the same in~ ~h e r/t h eir.~,_a~ut horized capacity(,~...s_), and that by h(.__~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 official seal. Place N°tary Seal Ab°ye ~.,.~/ ~re of Notary Pub'ic ' ~__J OPTIONAL < Though the information below is not required by law, it may prove valuable to persons relying on the document ~5 and could prevent fraudulent removal and reattachment of this form to another document. ,:~ Description of Attached Document ¢; Title or Type of Document: Subordination Agreement ~· Document Date: January 4, 2002 Number of Pages: 2 ~ Signer(s) Other Than Named Above: Donald W. Murray " Capacity(les) Claimed by Signer ~ Signer's Name: Richard Visser* I] Individual X Corporate Officer-- Title(s): First ¥ice ?resident Top of thumb here ~ F 1 Partner-- F Limited ! ~ General Attorney in Fact Trustee I ' Guardian or Conservator E I Other: Signer Is Representing: CofEmunity National Ban~ EXHIBIT "A" LEGAL DESCRIPTION A SIXTEEN (16) FOOT W1DE STRIP OF LAND OVER, UNDER, ACROSS AND ALONG A PORTION OF THAT LAND DESCRIBED AS PARCEL 2 IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 1999, AS DOCUMENT NO. 1999-0816056, THE EASTERLY LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY LINE THEREOF 50.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER NORTH 89°31'16"WEST 205.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH I°04'58"WEST 171.03 FEET TO THE BEGINNING OF A 92.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 1 I8.53 FEET THORUGH A CENTRAL ANGLE OF 73°49'11" TO THE POINT OF TERMINUS. THE WESTERLY LINE OF SAID STRIP OF LAND SHALL BE EXTENDED OR CONTRACTED SO AS TO TERMINATE ON A LINE BEARING NORTH 89°31'16" WEST FROM THE TRUE POINT OF BEGINNING AND ON A LINE BEARING SOUTH 1°04'58,' WEST FROM THE POINT OF TERMINUS. EXHIBIT "B" BIRMINGHAM DR. ~ - N89'$1'16"W -.. f.- . N89'31'16"W _..j//~ ~ / i~o,¼ T15S, R4W I~,~ __ N89'51'16"W -!,,J 31850' ~ ~ GRAPHIC SCALE 80 0 40 80 160 520 ( IN FEET ) 1 inch = 80 fL.