1999-709215
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1999-0709215
Recording Requested by:
Cardiff Sanitation District
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District
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FECOF'DEF:
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~ Paul L. Fox and Nancy N. Fox
~ hereinafter designated Grantor (s), owner Is) of the hereinafter
described lands, for a valuable consideration, do(es) hereby
~f: GRANT and CONVEY to the Cardiff Sanitation District herein
\. .: designated Grantee, a perpetual easement and right -of -way upon,
, ¡ i\ 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.
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SPACE ABOVE FOR RECÔRDER'S
USE ONLY
SEWER EASEMENT
Assessor's Parcel
No. 264-101-22
Project No. CS 271
W.O. No. DCS 271
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:
~
, - . , .
2373
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
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day of
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OWNER:
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By:
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[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
" , ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
2374
No, 5907
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On /¿,--~~J I.? /7'71 before me, ~ ,--,:j('/;¿~-v,---,'
, DATE C1 NAME, TITLE OF OFFICER. E.G" "JANE DOE, NOTARY PUBLIC"
personally appeared L ~d~d J .~'? I. ~ -r ~~Jc. X -i-
'r ~~ME(S) Ofs,GNE:(S) ~?.,>
.EJ, personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person~l whose name@) is/é])
subscribed to the within instrument and ac-
knowledged to me that Re/She/~~ executed
the same,.!n ~authorized
capacity~s), and that by ~r
signaturøon the instrument the person@
or the entity upon behalf of which the
person({§) acted, executed the instrument.
State of
County of
~~,¿- ^ <:--.^.,A, '^- /'o./>"1/'. ~f
.,.."f?",~})~~~Janet L. Parsons ~
(.J~'IJ" Comm 111126007 Q
CJ ~"', ' . ., 'NOTARY PUBLIC CALI, FORNI~OJ
~ ".. ' " SAN DIEGO COUNTY
k ,,~"O" :'. Comm E.p Feb 5 20~
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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 relyinlj on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S)
0 LIMITED
0 GENERAL
0 ATrORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
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 Remme! Ave" P,O, Box 7184. Canoga Park, CA 91309-7184
2375
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed
or
grant
to
the
Cardiff
Sanitation
District,
is
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:
By:
, !"
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
" . <
2376
SUBORDINATION AGREEMENT
LNI! 65633598
Wh~reas, those parties concerned, desire to have the Deed of
Trust recorded November 25. 1998 as file/page No. 1998-0769013
subordinated to Easement For Access and Maintenance of Public
Sewers (IIDOCUMENTII hereinafter) Required As Condition of Approval
of N /4 ; 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.
9/7/1999
BANK OF AMERICA FSB
DATED
BENEFICIARY OR TRUSTEE
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NHAN TRAN
By:
Title: AUTHORIZED OFFICER
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
, - ~
--, -
2377
Ln# 6563359-8
~tate of California
County of Orange
On SEPTEMBER 7, 1999 before me, DINA C. YOGI
in and for Orange, California, said County and State. personally
appeared NHAN TRAN AUTHORIZED OFFICER
personally known to me (or proven to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/~subscribed to the within instrument and acknowledged to me
that ftelshe/tRey executed the same in fHslher/t./:te1r authorized capacity(ies), and that by
1:MslherltReir signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument,
, a Notary Public.
and official seal.
Signature . «-
Notary Public in and for said C un
)aU U ~~~oo:. -I
i HoIay P\IJIic - CaIfa'riEI ~
z Otrge Cou1ty f
t - - - ~_~~~2:~
State of
County of
On
a Notary Public. in and for
.before me.
. , said County and State, personally appeared
personally known to me (or proven to me on the basis of satisfactory evidence) to be the
person(s) \....hose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signatures(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 official seal.
Signature
Notary Public in and for said County and State
State of
County of
On
in and for -
, before me. , a Notary Public.
, said County and State. personally appeared
personally known to me (or proven 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 he/she/they executed the same in hislher/their capacity(ies), and that by hislher/their
signarure(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 official seal.
Signature
Notary Public in and for said County and State
"
.'
2378
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have ,the Deed of
Trust recorded May 5. 1997 as ~/page No. 1 QQ7-070R6.Qf>
subordinated to Easement For Access and Maintenance of Public
Sewers ("DOCUMENT" hereinafter) Required As Condition of Approval
of Cardiff Sanitation District ; 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.
Equitable Deed Company
BENEFICIÅRŸ OR~US~
By, Brock Piper ~ ~
DATED
September' , 1999
Title:
Assistant Secretary-
Bank Of America, N. A. formerly
Bank of America NT & SA
~NEFICI~R TRUSTEE
By, Brock Piper ~ V
DATED September'
,1999
Title:
Vice President
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)SS
2379
On September 1, 1999 before me, the undersigned, a Notary Public in and for said State,
personally appeared Brock Piper, Assistant Secretary, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
Signatur-e
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~ A..A.Á A A A~E~ ~I~E~ A):
~ @-"COMM. #1096893 ~
0.. NOTARY PUBUC ' CAlIFO. RNIA -I
ID ORANG£ COUNTY to
j ~ My c.._. exp;r.. Moy 8. 2000 t
-y y VY V Y"F' ':¡"'Y V
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)SS
On September 1, 1999 before me, the undersigned, a Notary Public in and for said State,
personally appeared Brock Piper, Vice President, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
J; .'/
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1~,~,AA A~E~~I~E~ ^):
~ @ COMM. #1096893 m
0 .. 0
ID NOTARY PUBUC - CAliFORNIA -I
j. ORANG£ COUNTY to
My Co_. ~
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GOVERNMENT CODE SECTION 27281
2380
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:
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
. '
"
JULY 27, 1999
SDE 4318
2381
PAUL L. FOX
NANCY N. FOX
APN 264-101-22
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THE EASTERLY 20,00 FEET OF THE WESTERLY 25,00 FEET OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY
5.00 FEET THEREOF, .
TOGETHER WITH THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 25.00 FEET OF
THE WESTERLY 5.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER.
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File: surveys\4318surv\264_101_22 revd.wpd
EXHIBIT "B" 2382
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
W 1/2 OF NE 1/4 OF
NW 1/4 OF SW 1/4
OF THE NW 1/4 ÖF
SEC 9, T13S
R3W, SBM
~ APli :;US4"':I.ù:l...;ã::l -=-
W~ ¿-;
/- -
(~
:111 d I
II I ,
I
h-- POR SE 1/4 OF NW 1/4
I~ ¡ II/ OF SW 1/4 OF NW 1/4
I It' OF THE NW 1/4 OF
II I SEC 9, T13S
-H I R3W, SBM
~ II! APli ~:Ð4"':I.ù:l"'~~
I' I" I
'rr: EXISTING AC DRIVE
I (PRIVATE)
to' II I
~ PIX:OPO:;;CO ~' PUBLIC II I" I
SEWER EASEMENT
5'-,1 I
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APli ~Jj4"':I.ù:l"'~W ./
------
------
SCAI_E 1" = 60'
,--
20'
25'
EXISTING 30' PRIVATE
ROAD EASEMENT
i
VICINITY MAP
NOT-TO-SCALE
~c:: SAN DIEGUITO ENGINEERING,INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING /ilANNING
LAND SURVEYING
THE PROPERlY LINE DIMENSIONS /
SHOWN HEREON WERE CALCULAT
FROM RECORD DATA AND TO NOT
REPRESENT A LAND SURVEY
4318plaL2.DWG, SCALE: 1 "=60', DATE: 7/19/99
SDE 4318