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2000-159676 "" , ,~:~L'joRDED AT THE REQU..~T ~ ,, DOC 2000-0159676 10812 Mar 29, 2000 4:36 Recording Requested by: ~FICI~ REC~ Cardiff Sanitation District ~ ~IE~ ~[~DE~'8 ~FIOE J. SMITH, When Recorded, Mail to: FEE~: 0.00 District Engineer ~: Cardiff Sanitation District ~: 505 South Vulcan Avenue E ncinitas, CA 92024 ~ ~ ~ For the benefit of the District SPACE ABOV USE ONLY ~.~ SEWER EASEMENT ~ Assessor's Parcel~ ~ Pzoject CS 289 ~(t.~¢ NO. ~q-~St-G ,~%,~% W.O. No. DCS 289 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. cov42.doc 1/12/2000 ·, 10813 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 additior, 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. cov42.doc 1/12/2000 10 14 Executed this I~- day of ~]~3WL7 , 19 OWNER:~. d~4~O~. L%,~T~D [Signature of OWNER must ,be notarized. Attach the appropriate acknowledgement. ] 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. Dated: _~//.~//~,~) /~/~ ~a ~'~ f~f i ~ a~-~ ~ ia~r~t~ger cov42.doc 1/12/2000 CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT County of personally appeared~O~ A. ~ ~ ~ ~. ~ ~a Name(s) of Signer(s) ~ personally known to me ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that ~/they  executed the same in ~r/their authorized capacity(les), and that by hi3,'h~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~ ~Co~/~5=~ } acted, oxoeutod tho ,nstrumont. WII~ESS mg hand and official soal. Signature of Nota~ Publ}c OPTIONAL Though the information below is not required by lam it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another d~ument. Description of A~ached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer ~tle(s): Title(s): ~ Padner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General ~ Attorney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Consewator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary Association · 8236 Remmet Ave., P.O Box 7184 · Canoga Park, CA 91309-7184 Prod NO. 5907 Reorder: Call Toll-free 1-800-876-6827 SUBORDINATION AGREEMENT 10816 Whereas, those parties concerned, desire, to h~ve the Deed of Trust recorded I~*[--~Z as file/page No.~ ~~ subordinated to Easement For Public Sewers ("~OCIAqENT" hereinafter) Required As Condition of Approva~ O~ ~l-~ T~ , Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY ~ 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 BEN~FICIA~Op.~2USTEE Title: Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. cov42.doc 1/12/2000 CALIFORNIA ALL-PURPOOACKNOWLEDGMENT County of r~C,,r~ "~ ¢...~ On FC.~lrl. tClcC..,~D!~I ~-CX2O beforeme, ~ m.~,{13,.E.J¢-, Name(s) of Signer(s) C),,,~ ~ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~/are subscribed to the within instrument and acknowledged to me that he/cbc/they ecuted the same n ,, 3,,,~r/the~r authorized capac~ty0es), and that by hi'~Ch~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~'C~m--'~m' 'E~C~5' 20001 acted, executed the instrument. ............ ~. WITNESS my hand and official seal. Signature of Notaw 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(s) Signer's Name: Signer's Name: E] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 10818 SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded November 30, 1998 as File/Page No. 1998-0772422 subordinated toEasement for Public Sewers ("DOCUMENT" hereinafter) required as condition of approval of 91-198 TM; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY cz 7TJ,,'.?,"~E hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had be~,m executed prior to said Deed of Trust. Dated The David G. Miller Trust dat~ 12/11/87 By: ff72'...? // "X ,/ David O. Miller/ Title: Trustee 7_ } ~, 1 o--o The Marcus G. Daniels Trust dated 9/1/91 Dated BENEFICIARY OP. TPJdSTEE By: Paul R. Noble Title: Trustee The Melinda M. Daniels Trust dated 9/1/91 Dated BENEFICIARY OR TP. USTEE By: ~ ~ fl~ ~ Paul R. Noble Title: Trustee The Megan Brown Trust dated 10/1/91 Dated BENEFICIARY~ By: P ~ fL ~ Paul R. Noble Title: Trustee Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgment. I certify on behalf of the Board of Directors of the Cardiff San±tat±on Distr±ct, pursuant to authority conferred by Resolution of said Board adopted on ~ ~, ~ that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. /~rdY'~i]~l~,~'~ District Manager iff Sanitation District cov42.doc 1/12/2000 10820 STATE OF HAWAII CITY AND COUNTY OF HONOLULU , pe me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as trustee, and that by his signature on the instrument the trust has executed the instrument. WITNESS my hand and official seal. My Commission Expires on CALIFORNIA ALL-PURPOOACKNOWLEDGMENT State of ~,~'~1~1~.,, ~. 082]. County o, On F~[~,~, ~ before me, ~ ~[~: ~ame(~) of Signor(s) ~ porsonally known to me ~ provod 1o mo on tho basis of satisfacto~ to bo the porson~) whoso namo~) is/~ subscribod to tho within instrumont and acknowlod~od to mo that oxocutod tho same in his/~ authodzod capacity~, i~-- :~_:--_ _ .~ and that by his/her/thor signature~)on the instrument the person~), or the entity upon behalf of which the person~ acted, executed the instrument. .... ~._ _ ~lr~_ -~_~5'_~_ WITNESS my hand and official seal. ~ [ ~ ~ignature of Nota~ Public OPTIONAL Though the info~ation be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this fo~ to another document. Description of Aaached Document Tit~e or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaci~(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary Association * 8236 Remrnet Ave., RO. Box 7184 · Canega Park, CA 91309-7184 Pred. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" THOSE PORTIONS OF LOTS 9,10 & 11 OF CITY OF ENClNITAS TRACT NO. 91-198 ACCORD- lNG TO MAP THEREOF NO. 15689 FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE NOVEMBER 25, 1998, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 20 FOOT WIDE STRIP OF LAND 10 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT THAT LIES IN THE SOUTHERLY BOUNDARY OF SAID TRACT DISTANT THEREON SOUTH 79'34'35" WEST 75.63 FEET FROM THE MOST EASTERLY CORNER OF SAID TRACT, BEING ALSO THE CENTERLINE TERMINUS OF A 15 FOOT W~DE SEWER EASEMENT IN FAVOR OF CARDIFF SANITATION DISTRICT PER DOCUMENT-NO. 94-0402451 RECORDED JUNE 24, 1994 IN SAID RECORDER'S OFFICE; THENCE NORTH 8`14'47" WEST, ALONG SAID CENTER- LINE, 42.41 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 29'14'24" EAST 8.17 TO THE NORTHERLY SIDELINE OF SAID SEWER EASEMENT, THE SOUTHERLY BOUNDARY OF SAID LOT 9 AND THE TRUE POINT OF BEGINNING WHICH BEARS NORTH 84'07'52" WEST 2.61 FEET FROM AN ANGLE POINT IN SAID SIDELINE AND IN SAID SOUTHERLY BOUNDARY LINE OF SAID LOT 9; THENCE NORTH 8'28'41" EAST 72.68 FEET; THENCE NORTH 5'29'55" WEST 187.50 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 10; THENCE CONTINUING NORTH 5'29'55" WEST 85.54 FEET TO TERMINATE IN THE WESTERLY BOUNDARY OF SAID TRACT DISTANT THEREON NORTH 11'59'45" WEST 586.44 FEET FROM THE MOST EASTERLY CORNER OF TRACT NO. 91-198. THE SIDELINES Of SAID EASEMENT ARE TO TERMINATE NORTHERLY IN THE WESTERLY BOUNDARY AND SOUTHERLY IN THE SOUTHERLY BOUNDARY OF SAID TRACT. t L.S. 5871 1 EXPIRES ~;A~Y-I'~ I~IAGI£L, ~L.S. 5871 FILE NAME: MILL-SWR. DWG PLOT DATE: 2-10-00 SCALE : 1" = 60' (~)15' SEWER EASEMENT GRANTED TO CARDIFF ..~ ~ SANITATION DISTRICT PER Doc.g4-0402431. ,~) (~) PROPOSED FLOOD PLAIN BUFFER ZONE 1 PER MAP 13689.~'-w ~.) (~ ~, --1 ~)PROPOSED PRIVATE FLOWAGE EASEMENT PER MAP 15689. (~ROAD & U~UTY.EASEMENT PER DOC. ~ REC. 4-7-64 AS FILE N0.62581. " (~)15' WIDE DRAINAGE EASEMENT GRANTED ~ ~ I ~'",,, TO SAN DIEGO COUNTY FLOOD CONTROL ~ ~ PER DOC. F/P NO. 81-169790. ~ (~ 20' WIDE STRIP OF LAND DESCRIBED -'1 / '~' IN EXHIBIT "A". (~) PROPOSED 8' WIDE TRAIL EASEMENT. BEARINGS AND DISTANCES SHOWN ARE PER /,'" RECORD MAPS OR CALCULATED THEREFROM. S75'58'23"E. 61.6,3' FILE NAME: MILL-SWR.DWG -~ ~'~ \ >-~ ' T.P.OI.B. L.S. 5871 , ~ NO. ~[AmN~ LEN~m ~ ~ N 8~4'47' W 42.41' ~A~Y ~. . . 587~ i~ N 3~'~3' W 1~7.50' ~1~1 N 3~'~3" W S3.3~'