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2000-299907 III , . /' \ lD \"i--~i ,J\ .. ,-~ r',' J J \,\' ( r") / , \ \) , 8 r~f'"¡,r, , ,;¡J ~=~, L ',' 5334 Recording Requested by: Cardiff Sanitation District ) ) ) When Recorded, Mail to: ) District Clerk ) Cardiff Sanitation District) 505 South Vulcan Avenue) Encinitas, CA 92024 ) For the benefit of the District) L,¡n ~~~C~N~~O~~lín [~IRI m 11III 2000.0299907 , r: ~ .' SEWER ACCESS EASEMENT i" .~ Assessor's Parcel No. 264-27-13 Project No. CS 222 W.O. No. DCS 222 Philip G. Decarion, Trustee of the Decarion Living Trust 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 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 to obtain access as needed in the construction, reconstruction and maintenance of said sewer 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 subj ect 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: .' . 5335. 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, Executed this ~of) day of ¥-' OWNE~ By, \ R Þ~'I iíÏu'ì'-t< 2000. By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] GOVERNMENT CODE SECTION 27281 :CA~IFÓRNIA ALL-PURPO&CKNOWLEDGMENT 836 State of e..4Li FD R,Æ } {A- COll1ty of tV?A ^ J fa E-. 011- +/m/ðð before me, NA,AJW +/.. /l.JAf.,¡JE1'- .A)ð[~Ll[¡fj ¡(l.. I I DaI8 I Name 8Iá 1iII8 III 0IIICIIr Ct.g./' J- Cae. Hat8Iy , personally appeared ftl-Iu-P ro. bEiLA-{}j())J . "./ Nam8{st III S9*tst ~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in hislher/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ~------------J 'I NANCY H. WARNER Commission # 1189307 ~ . . z ~. Notary Public - California ~ z - ~ Orange County f My Comm, Expires Jul6, 2002 --------..---- "V!!!"ESS my hand and official seal. Ji ' , '-- ! '~ // dALÚ.1 / ~ ¿vflA./t[L,L- I ( SIgiI8\In III NaI8rr PIIIIIa OPTIONAL Though the inlomration below is not required by law. it may ptOWI Valuable to petSDnS relying on the document and could pnwenI fraudulent removal and reattachmenl 01 this form to ano/trer 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: 0 Individual 0 Corporate Officer Trtle(s): 0 Partner - 0 Umited 0 General 0 Attorney-in.Fact 0 Trustee 0 Guardian or Conservator 0 Other. . Top ollhumb here 0 Individual 0 Corporate Officer Tttle(s): 0 Partner - 0 Umited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other. RIGHT THur\1BPRINT OF SIGNER Top of tIn.mb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmel AYe,. P,O, Box 7194. Canoga Park, CA 91309-7194 Prod, No. 5907 Reonler. Call Toll-Free 1.9OO-87IHI27 ' . 533ï8 This is to certify that the interest in real property conveyed by deed or grant to the Cardiff Sanitation District, lS hereby accepted by the undersigned agent on behalf of the Cardiff Sanitation District pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: s- /~ ~fJ [) A ~ (tw UI ¡ -; ,! , - By: A~an D. Archibald, P,E. District Engineer Cardiff Sanitation District I -. . 53388 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded Nov. 14, 1982 as file/page No.82-341140 subordinated to Easement For Access and Maintenance of Public Sewers ("DOCUMENT" hereinafter) Required W IrLóÍJNJ/!t!.!Mi leV ßtr!f,i:if.Iái. ;¿i for D,.,q # CS222 ; City of Encini tas ; 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. April 24, 2000 Encinitas Union School District DATED BENEFICIARY OR TRUSTEE ~ ' ~,~,,:, '. . ~. ,';"'..J"')-"; \ '>.') :*-<>~~ , . . . . . . . . ,.",,'. . .'.'.'.'.-: :~:~:>:~>~:>: By: Title: Sharon R. South Chief Financial Officer DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgement. (:A~ìF9R"IA Ai..L-PURPOS8CKNOWLEDGMENT .39 State of California CoU1ty of San Diego On ApI:' i 1 24, 2000 Dale before me, Sheryl Gillespie, Notary Public N8m811'1t 1iII8 at 0IIIc8r (e.g.. . "- 0a8, NatIrJ PubIiI:1 personally appeared Sharon R. South N8m8(tI at Slpr(st ~ -- -. -- -- -- ;'E;YtGI~ES~I; -. J - Commission # 12M2.31 z ~, Notary Public - Califomia ~ I San Diego County f - - - ~,:c:r::.~~o::~~ 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that helshel\hey executed the same in hlslher/their authorized capacity(ies). and that by hlslherltheir 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 offidal seat ,eMf //(/ Ú ~ . / ---- PIIIII8 f, OPTIONAL Though the infømraIJon below is noIteqUired by law, it may ptfN8 Valuable 10 petSØI1S relying an the docum8nt and œuId ",..", fraudulent remavaI and I1181factom811' 01 this fotm 10 8IIOthfIt'dxunent. Description of Attached DoCument liUe or Type of Document: Document Date: Number of Pages: Slgn9r(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Umited 0 GeneraJ 0 Attorney-in.Fact 0 Trustee 0 Guardian or Conservator 0 Other. T oø oIlhumb here 0 Individual 0 Corporate Officer TiUe(s): 0 Partner - 0 Umited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other. RIGHT THUr.iBPRINT OF SIGNER Top of ttnmÞ h... Signer Is Representing: Signer Is Representing: 01994 Nationa' NOIary Assocnllon. 8236 RemmetA...., P,O. 80. 7184. Canoga Park, CA 91309.7184 Prod. No. 5907 R.onI8r. Call rcll,F... 1-8oo.876-ØIl1 . 53. L certify that on behalf of the Cardiff Sanitation District pursuant to authority conferred by Resolution of the Board adopted March 20, 1979, that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement and consents to recordation the of by its duly authorized officer. 1\('\ ~ Dated:: )-e -ðO By: Alan D. Archibald, District Engineer Cardiff Sanitation District . . 5341 SUBORDINATION AGREEMENT Whereas, those parttes concerned, desire to have.tþ~ Deed of Trust recorded Sept. 2, 1982 as file/page No. 82-272624 subordinated to Easement For Access and Maintenance of Public Sewers ("DOCUMENT" hereinafter) Required ~;;f/Pw5Ìj.ho/9f1/m/~.pm?Y'¥' hit for Dwq. CS222 ¡ 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. ¿' "'), .J / ;u " ') -c-/- -)J¡) ¿J/~'J¡.f~C/ !/:1J/Ù/1 ¡l)/J-<;c.'Í1(..V/ L/dtlíCI yO I I "/2'1 (;) D ~- , ,-- /Y'- ( --)-': " DATED / BENEFICIARY OR TRUSTEE By: Title: Stephen G. Ma Dlrector, FaciHties Planning DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE to be notarized, Attach the appropriate acknowledgement. CALIFOR~IA ~LL.PURPOS.CKNOWLEDGMENT 5. State of (1(J;iì r y \ '~ County 01 ~ Cu \. --PI t to; Z -. . f ), , On -!#!( I i J Lj ) ()ODC before me, J Dilh n /.1. Ice d rniH \ , t-.it-j "'-':if'b (I(', . personally appear: 'Skf~\£n b; .l{C\. . -- "'InITilleIllOlftC8f(.....'""Dae,NaWy' - NameCS» at Slgner(st 'Gpèrsonally known to me - OR - 0 proved to rne on the basis of satisfactory evidence to be the person(s) , whose name(s) isfara subscribed to the within instrument and acknowledged to me that heisheJthey executed the same in hisiherMeir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. J~~~~-~-----~f ~ JOANN M. REDMAN . ~.~- Commissior: # 1169424 z ~ ~?~~æ'. Notary. Public - California ~ "'-'¡::i!fJ San Diego County ~C My Comm. Exp'res Feb 6, 2002 WITNESS my hand and official seat. JÞ-~rvVl) II/JdvfW ~" , Sign8Iure III NDI8rp PuIIIIa V OPTIONAL , Though the infomratJon below is not required by law, it may ptDII8 Valuable to perscns relying on the document and could ¡nvenI fraudulent removal and reattachment 01 this fonn 10 another document.. Description of Attached DoCument Title or Type of Document: ~)k.b~~dìf1£L-1I't:", r\cJ WA'rllA\' - -£)("CIL~ ~Cr Document Date: Lj - 'J L{ - ÙL Number of Pages: c.~) r)j J SI9O9r(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Corporate Officer Tltle(s): 0 Partner - 0 Umited 0 General 0 Attorney-in.Fact 0 TNstee 0 Guardian or Conservator 0 Other. . Top of Ihumb here 0 Individual 0 Corporate Officer TIUe(s): 0 Partner - 0 Umited 0 General 0 Attorney-In-Fact 0 Trustee 0 Guardian or Conservator 0 Other. RIGHT THUf.18PRINT OF SIGNER Top of Ihumb here Signer Is Representing: Signer Is Representing: 0 t994 National NolaryAssociation. 8236 Remmel Ava,. P,O. Box 7184 . Canoga Pari<, CA 9t309-7184 Prod. No. 5907 R"order. Call ToIl.F,.. 1-800-876-827 . 53~ GOVERNMENT CODE SECTION 27281 This is to certify on behalf the Cardiff Sanitation District, pursuant to authority by Resolution of the Board adopted on March 20, 1979, the Cardiff Sanitation District accepts the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. Dated: 5/6-08 By, iliw fj ~jJ¿() Alan D. Archibald, P.E, District Engineer Cardiff Sanitation District . 5344 . SDE 4224.00 April 17, 2000 EXHIBIT "A" LEGAL DESCRIPTION SEWER ACCESS EASEMENT NO.2 THAT PORTION PARCEL "An OF CERTIFICATE OF COMPLIANCE RECORDED, DECEMBER 5, 1997 AS DOCUMENT NO. 1997-0614690 OF OFFICIAL RECORDS, BEING PARCEL 4 OF PARCEL MAP NO. 12666, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14,1983, AND OF PARCELS 3 AND 4 OF PARCEL MAP NO. 1918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1973, AND OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP NO. 12666, BEING A POINT ON THE ARC A 390.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°58'41" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 15.44 FEET THROUGH A CENTRAL ANGLE OF 2°16'06" TO THE BEGINNING OF Ä NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 49.50 FEET, A RADIAL LINE THROUGH BEARS SOUTH 85°39'1 T' WEST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 44.83 FEET THROUGH A CENTRAL ANGLE OF 51 °53'43"; THENCE SOUTH 56°14'26" EAST 85.22 FEET TO THE BEGINNING OF A TANGENT 503.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 28.11 FEET THROUGH A CENTRAL ANGLE OF 3°11'56" TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 36°57'30" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 9.58 FEET THROUGH A CENTRAL ANGLE OF 13°43'40" TO THE BEGINNING OF A COMPOUND 350.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 23°13'49" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 30.02 FEET THROUGH A CENTRAL ANGLE OF 4°54'51"; THENCE SOUTH 71 °41'01" EAST, 26.90 FEET TO THE BEGINNING OF A NON-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39°35'00" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 84.36 FEET THROUGH A CENTRAL ANGLE OF 69°03'10"; THENCE SOUTH 60°31'50" EAST, 12.76 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 10.16 FEET THROUGH A CENTRAL ANGLE OF 11 °38'18"; THENCE SOUTH 72°10'08" EAST, 175.77 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 15.37 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE SOUTH 84°44'46" EAST, 37.48 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 19.76 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE SOUTH 72°10'08" EAST, 185.78 FEET; TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.98 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 1r49'52" EAST, 22.00 FEET; THENCE SOUTH 72°10'08" EAST, 20.00 FEET; THENCE SOUTH 1r49'52" WEST, 22.00 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE U:\1datalsur'eys\4224~egallsew access esmnt 2.doc - ~ . 5345 . . NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 43,98 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 72°10'08" EAST, 22.00 FEET; THENCE SOUTH 17°49'52" WEST, 20.00 FEET; THENCE NORTH 72°10'08" WEST, 283.78 FEET; TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 15.37 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE NORTH 84°44'46" WEST, 37.48 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 19.76 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE NORTH 72°10'08" WEST, 175.77 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 14.22 FEET THROUGH A CENTRAL ANGLE OF 11 °38'18"; THENCE NORTH 60°31'50" WEST, 12.76 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 46.32 FEET THROUGH A CENTRAL ANGLE OF 53°04'58"; THENCE NON-TANGENT TO SAID CURVE NORTH 71 °41'01" WEST, 25.89 FEET TO THE TRUE POINT OF BEGINNING. U:\1 datalsur'eys\4224~egallsew access esmnt 2,doc 2 .- .- / CURVE TABLE CURVE LENGTH RADIU5 DELTA C1 84.36' 70.00' 69.03' 10" C2 10.16' 50.00' 11.38'18" C3 15,37' 70.00' 12"34'38" C4 19.76' 90.00' 12"34'38" C5 43.98' 28.00' 90.00'00" C6 43.98' 28.00' 90.00'00" C7 15.37' 70,00' 12"34'38" C8 19.76' 90.00' 12"34'38" C9 14.22' 70,00' 11.38'18" C10 46,32' 50,00' 53"04'58" C11 15.44' 390,00' 02"16'06" C12 44.83' 49,50' 51.53'43" C13 28.11' 503.50' 03.11'56" C14 9.58' 40.00' 1 3.43' 40" C15 30.02' 350.00' 04.54'51" 4407 MANCHESTER, SUITE 1 05 ENCINITAS, CA 92024 PHONE: (760) 753-5525 SAN DIEGUITO ENGINEERING, INC CIVIL ENGINEERING. PLANNING LAND SURVEYING EXHIBIT .B. PUBLIC SEWER ACCESS EASEMENT NO.2 SCALE: 1 "=100' ;111 1~:l:l:l ;I !I!. J ;111 1~:l:l:l LINE TABLE LINE BEARING LENGTH L1 560.31'50"E 12.76' L2 572.10'08"E 175.77' L3 584.44'46"E 37.48' L4 57Z10'08"E 185.78' L5 N1 7"49'52"E 22.00' L6 572" 1 0'08"E 20.00' L7 51 7"49'52"W 22.00' L8 572.10'08"E 22,00' L9 51 7"49'52"W 20.00' L1 0 N7Z10'08"W 283.78' L11 N84.44'46"W 37.48' L 12 N7Z10'08"W 175.77' L 13 N60.31'50"W 12.76' L14 N71.41'01"W 25.89' L 15 556.14'26"E 85.22' L16 571.41'01"E 26.90' !! \ 1 fì^T'\ ,-'wli". "ri!l'l\ '1')"'1 P\ r-í'~I,P\ í~~lt.-""--' ~1,t7 rl""l nntC" n1 ')'1 nn I f ---I I I I i8 I , I c:J ;I!I!. J ;111 1~t¡) I .~ ;A C"")