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.