2000-299918
.
5371
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Recording Requested by:
Cardiff Sanitation District
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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
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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:
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.
5372
.
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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.
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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
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By:
41
BKjcsewer.doc (08-17-98)
',.
. CALIFORNIA ALL.PURPOS
KNOWLEDGMENT
.
No. 5907
State of
County of
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5373
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On /-111: i L
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before me,
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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.
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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:
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By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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.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 :'
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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
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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, -\,
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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.
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/' ',,/$ ," ~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:
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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.
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5379
EXHIBIT 'BII
SEWER EASEMENT
1"= 40' SCALE
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~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