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2000-299918 . 5371 ¡;8 ;, ,'"'" '-' E' Recording Requested by: Cardiff Sanitation District l,,¡ ~ \lC' (/ \ .:;)1\) I,:)-f\ ÎìC, " ~ \\' ./ , , /) " When Recorded, Mail to: District Clerk Cardiff Sanitation District 505 South Vulcan Avenue ì Encinitas, CA 92024 ì For the benefit of the District) SPACE USE 0: 11 I~ nnmmn II 2000-0299918 , , ( :1.) .-, '" SEWER EASEMENT Assessor's Parcel No. 259-221-91-00 Project No. W.O. No. DCS267 DCS267 DuVivier Custom Homes, LLC 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 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 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: ': . 5372 . @{!,: 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 o~ 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. r' 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 f'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 .57h day of ,.;1 F I,;,' ¡' ( ,J ,~, ~~ , ~~~~L " / \, " """",' ¡,J' . I . J V//' " By: C r',L'.\, ¡<. I") '/ (\/ :¡.." \ v\"-...~",Gb(2- .)""/'" (:' <.. 'A le,"";-""" < LL( ! By: 41 BKjcsewer.doc (08-17-98) ',. . CALIFORNIA ALL.PURPOS KNOWLEDGMENT . No. 5907 State of County of r¡L¡j"/C.^.!I-, 5373 ,) /ï/1 [) /- E.:~ [, On /-111: i L .: " before me, "-", , J ,;;C Il ( C ','., r - ,> L.()', r .',' /')" !\¿~. r ,r"L'...1 NAME, TITLE OF OFFICER, E.G" "JANE dOE, NOTARY PUBlic" DAtE personally appeared C fJu C l( D U \i f V ¡' E' rz £] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(-s) whose name(-s-) is/.ar-e subscribed to the within instrument and ac- knowledged to me that heJsReitfley executed the same in hislh-e-rlthei-r authorized capacity(-ie.s-} , and that by hisf.he-r-lth&ir- signaturef&) on the instrument the person~), or the entity upon behalf of which the person(s) acted, execu1ed the instrument. NAME(S) OF SIGNER(S) ,_... ... ... -J;I~;S;~ ... J - a Commission II 1192673 ~' Notary Public. California f j San Diego County I - - - -My-~~~~~~ WITN ESS my hand and official seal. . ' . ~/r~"j .,/.. -- - / ,. '. . .!:-//.../// (,- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT / !~ t ."; IJ, L .~' TITLE OR TYPE OF DOCUMENT TITlE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-iN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERV A TOR 0 OTHER: LLC IV' c. N\ \SEe NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ~ @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 . 5374 . GOVERNMENT CODE SECTION 27281 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: / r fo/ç,/tlo , /uUp.t ,,/r\ !~'~ ,( \ ( /"r ( l' ' , f I I, l ~ Ñ rlJW-{;~ By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District ~. r,;' ,'\', ,:': ",C," (' ~.>."~ ~;) . .375 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded Jo.tIlJlIl991- as file/page No. ¡9f¡:- t)tJ/i'CJ55' subordinated to Easement For Aeeeaa a:aà UaiaËe:aaB,ce sf Public Sewers (IIDOCUMENT" h~reinafter) Required As Condition of Approval Of LJrCJ¿"J/'1Q C}5-ZfÎ17 ~ é /9?rMlf /)C.fZtP? ; "" 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. -Â FA';' L "1. ,-). GO v DATED :' ) /~~ By: Title: DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgment. BK/csewer.doc (08-17-98) CALIFORNIA ALL.PURPOS KNOWLEDGMENT ij76 No. 5907 St t f " 1 / t- ç~' -: 0 .': 4. a e 0 l..-. r" '-,. l/ Ii--- /"" J , I County .of '~) It ,"'- l () (\ ¡¿ c~ () ¡ One! /'/" ¡ 'c. -7 ,}.{)D ,.,' DAT~ before me, J~ nlL'~ ~- .:;Ù,' t I) '<7', j , ,^i()rftll "~I NAME, TITLE OF OFFICER. E,G" .JANE DOE, NOTARY PUBLIC. personally appeared ¡""\ , "E" ..1/1/'1 i ,--, -;--. ¡ , ,'I fE. I ' E ",') r'- .- I, -\, " , ~--- 'i NAME(S) OF SIGNEI'I(S) ß personally known to me - OR - 0 proved to me .on the! basis of satisfactory evidence ' to be the person(-s) whose namefs) isfa-re subscribed to the within instrument and ac- knowledged to me that he/shet'tfley executed the same in his/h-e-rfttTetr authorized capacity(-i&s) , and that by hisf-h-eTftfie+r: signature(s} on the instrument the person(s-), or the entity upon behalf of which the person(s-} acted, executed the instrument. I~ ~ ~ - ~~~;~~--I fit Commission f 1192673 I ~, Notay Public - CaØfartIk1 - ~ San Diego CountY I t - ,... - ~:oo:~~~~ WITNESS my hand and official seal. " " " , '/, '" "'(>'~~ , , I "to'l ://,( / /' ',,/$ ," ~IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ) ': f' TITLE(S) , . r "0 ,-l- Al f' v k J: í\,'; II ,~f\"'- .fr~l::::t=,ll e¡\.;' i TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-tN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERV A TOR 0 OTHER: r L') NUMBER OF PAGES L! / 07 ' :' bATE OF Doë~MENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 101993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave" P.O. Box 7184. Canoga Park, CA 91309,7184 . 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: &/~ /00 I By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District . .78 EXHIBIT "A" LEGAL D ESCRIPTI ON AN EASEMENT FOR SEWER LINE PURPOSES OVER, UNDER, ALONG, AND ACROSS A STRIP OF LAND 15.00 FEET WIDE LYING WITHIN PARCEL 3 OF PARCEL MAP 15393, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 27TH, 1988, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERL Y LINE OF SAID PARCEL 3 DISTANT THEREON 53.19 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE, SOUTH 19°36'17" EAST A DISTANCE OF 48.06 FEET TO A TERMINATION AT THE NORTHERLY LINE OF A SEWER EASEMENT GRANTED TO CARDIFF SANITATION DISTRICT PER DOc. RECORDED OCTOBER 1ST, 1988 AS FIP 88-441181 OF OFFICIAL RECORDS; THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHERLY AT THE NORTHERLY LINE OF SAID CARDIFF SANITATION EASEMENT AND TERMINATE NORTHWESTERLY AT THE WESTERLY LINE OF SAID PARCEL 3. I I I I I /Q ¡Iq Ü:' ~ l ~ ~¡ ;p ~ ~ ---~- \ ~ \ 5379 EXHIBIT 'BII SEWER EASEMENT 1"= 40' SCALE ,~I ~ ~CARDIFF SANITATION EASEMENT I REC. 96-1-1988 AS F/P 88-258215 AND O.M.W.D EASEMENT 6-1-1988 AS F/P 88-258216 BOTH OF O.R. S72"19'OO"E CARSIFF SANITATION EASEMENT REC. 10-1-1988 F/P 88-441181 OF O.R. INDICATES PROPOSED EASEMENT ~~~~~~~~ Ii PASCO ENGIt£ERING (858) 259-8212 535 N. HWY 101. STE. A SOLANA 8EACH, CA 92075