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2003-497524 Recording Requested by: ~- City of Encinitas ) When Recorded, Mall to: ~i~ District Clerk +' City of Encinitas ) 505 South Vulcan Avenue Encinitas, CA 92024 ~!~ Fo~~.the benefit of the District. SPACE ABOVE FOR RECORDER,S~/~7~.S~W~R ~AS~M~TUSE ONLY Assessor's Parcel Project No. 00-04~ No. 260-0~1-3~ Douqlas I Lovlsion. and his successors, as Trustee of th,. Douqlas I_ Lovislon Trust dated Norther 15. hereinafter designated Grantor(s). owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the City of Encinitas 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 '~ ~ r~7~ day of ~/~/~// , 2003. By: ~ [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 5'~',,/ ~'~ ~"~-u ~ ss. On ~'~ f~/'r personally appeared Name(s) of Signer(s) [] personally known to me ~p. roved to me on the basis of satisfactory evidence to be the person(e-~hose name(s) is/am subscribed to the within instrument and ~ ~ OFFICIAL SEAL ~ acknowledged to me that he/ehe/they executed _~ .~v~_ ._~I~E.~ DAVID P. WOOD ~ the same in his/her/their authorized ~I~q~-/'r,,~I~NOTARY PUBLIC-CALtFORNIA~ capacity(~6), and that by his/ber.~their ~ t'~3.~-~'l COMM. NO, 1244~74 ~ signature(s)-on the instrument the person(s-~, or · \'~/ SAN DIEGO COUNTY ! the entity upon behalf of which the persor~) ~ "~,~ MY COMM. EXP, DEC. 5, 2003 ~ acted, 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: ~f~"~'~ Document Date: ~ /I./..~ .~ Signer(s) Other Than Named Above: ~ "-"' Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- [] Limited L~ General / [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~" ~ .~. [] Other: Signer Is Representing: / GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, is hereby accepted by the undersigned agent on behalf of the City of Encinitas pursuant to authority by Resolution 94-107 adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: ~it¥ Engineer ~i~y of En¢inlt~s SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded _ ~ I t~ as file/page No.,l~q -O~6~o;~b- subordinated to Easem~n~ For Access and Maintenance of Public Sewers ("DOCUMERT. hereinafter) Required As Condition o£ ApDrova1 of - 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 Title: W,?~ DATED BENEFICIARY OR TRUSTEE Title: Signature of BENEFICIARy or TRUSTEE to be notarized. Attach the appropriate acknowledgement. STATE OF ~[¥.~SS~/~,~.~ ) COUNTY OF ~'~o t ~' ) SS: ) ON THIS ~¢~ day of March, 2003, before me, the undemigned o~cer, personally appeared Robed R. Blake, who acknowledged himself to be the Vice President of Meflon Bank, N.A., and that he as such Vice President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Mellon Bank, N.A. by himself as such Vice President. Nota~ Pu~ My Commission Expires: ~C C. BOWERMAN Semem~er 23, 2O05 McBrearty / TBC 1010066641 GOVERNMENT CODE SECTION 27281 This is to certify on behalf the City of Encinitas, pursuant to authority by Resolution of the Board adopted on March 20, 1979, the city of Encinitas accepts the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. Dated: ~ ,///~,/'£ ~ .ii~ By: ! ~ {~ ~ Peter Cota-Robles, P.E. City Engineer City of Encinitas 99-144 8/24/00 EXHIBIT 'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT (APN 260-081-38) The Westerly 15.00 feet of the North half of Lot 19 of Ridgeway Heights, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 2163, filed in the Office of the County Recorder of San Diego County, on July 3, 1929 and as shown on the Record of Survey of said Ridgeway Heights, flied for the purposes of correcting errors in the Original Map, being Record of Survey Map No. 1193, filed in the Office of the County Recorder of San Diego County, on September 20, 1945, said North half of Lot 19 being more particularly described as follows: Beginning at the Northeast corner of said Lot 19; thence South 11 °17'50' East along the Easterly line thereof, 98.25 feet; thence South 78°42'10'' West parallel with the Northerly line of Lot 19, 425.54 feet to an intersection with the Westerly line of Lot 19; thence North 19°47'50' West along said Westerly line, 99.34 feet to the Northwest corner of Lot 19; thence Nodh 78°42'10" East along said Northerly tine, 440.22 feet to the POINT OF BEGINNING. Except therefrom that portion described as follows: Beginning at the Northeast corner of said Lot 19; thence South 11°17'50'' East along the Easterly line thereof 83.25 feet; thence South 78°42'10'' West parallel with the Nodherly line of Lot 19, 121.00 feet; thence North 11 °17'50" West parallel with the Easterly line of Lot 19, 83.25 feet to an intersection with the Northerly line of Lot 19; thence North 78°42'10" East along said Northerly line, 121.00 feet to the POINT OF BEGINNING. Contains 1,490 square feet, more or less. ,. E~ IIBIT 'B' RUBENSTEIN -~ A VENUE APN · 260-081-38 I L 15' ~flE PUBUC EA~T ~S~ICT H~E~. 760DJF~_~0 SEA CA, 2007 TEL.