1999-483579
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1 ~199-04835 79
2623
81999-0483579
.JL11
1'3,
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When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
City
)
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)
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) SPACE ABOVE
USE ONLY
FOR RECORDER'S
Recording Requested by:
Cardiff Sanitation District
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,l'Assessor's Parcel
No.264-151-34
SEWER EASEMENT
Project: DCS ~89
W.O. No.
Frederick Frumin and Leslie E. Frumin, Trustees of the Frumin 1998
Trust, Dated June 16, 1998
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:
An Easement for sewer mains and appurtenances over, under, along,
and across a portion of Parcel 2 of Parcel Map No. 3008, in the
City of Encinitas, County of San Diego, State of California, filed
in the office of the county recorder of
I,
2624
.
.
San Diego County, August 29, 1974, as File No. 74-235893 of
Official Records.
See Exhibits "A" and "B"
hereof by this reference.
attached hereto and made a part
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 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, subj ect 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.
OWN
, 19 3{l.
J
Executed this
\~
day of
By:
By:
[Signature of OWNER must
appropriate acknowledgment.]
be
notarized.
Attach
the
BK/hz/2813.doc (10-26-95)
.
2625
.
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:
c - Z<ç/ ,,) (:1
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. '
,',.,>,ii-if,,/I, ¿;
l v J~ ~" \)c/; &Æ,kt~ ¡;
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
". '
.
2626
.
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed or
Trust recorded 9/30/98 as file/page No. 98 0626574
subordinated to Easement for Access and Maintenance of
Public Sewers ("DOCUMENT" hereinafter) Required as Condition
of Approval of Sewer easement in Cardiff Sani~ation District,Encinitas,CA.
**See attached exhibits "A" and "B"
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.
Pla-",;;>,- N.Þc1\.~AL- \1A:I--\.\?- cÇ
C---r\ \ c...h- é.A C>
t3Y:-r\u...."'E..C.c-,",,^ÅlN.C-_{~ Flt---L- N\::?Ç,
BENEFICIARY OR/TRUSTEE--)
(-_.::-- ---'
DATED
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At
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By:
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Title:
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DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or
TRUSTEE to be notarized.
Attach the appropriate
acknowledgment.
BK/hz/2813.doc (10-26-95)
.
2f)21
.
'i<i'Î ~~,
State of-baiiforHi~ " ,
County of Ù/1. /;f\
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On ~I /V Ii' ; before me, the undersigned,
for said!, St~t:e, perßo~ll y jiwear.ed,
II //' ( /1 ! ¡.¡j. ¿ ;'/'Æ / í /) [. r'
/
a Notary Public in and
, ,
personally known to roo (or proved ;to.. roo on the basis of satisfactory evidence)
to be the person(s) whose name~s ,Qj/are subscribed to the within...instrurœnt
and acknowledged to me that he sh~/they ex~ted the SaIæ in hisß1er/their
authorized capacity(ies), and t by his.(l.!ei/their signature(s) on the
instnnœnt the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrurœnt.
WITNESS my hand and official seal.
,,{~'?~Ip'¡;;¡,,- VINCENT J. VERE
~1~'i~ Notary Public, State 01 Texas
~~ ~.L~f My Commission Expires
,,~ ~~;r.:-
"',/¡Rf,llll" 08/04/2001
Signature
'7
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!z,¡u'» l' / l5\(1
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[/!í(tj¡,/' :/j j/tt«
(typed or printed)
Name
(Seal)
.
2628
.
GOVERNMENT CODE SECTION 27281
* * * *
This is to certify on behalf of the City Council of the City of Encinitas pursuant to
authority conferred by Resolution of the City Council of the City of Encinitas adopted on
November 9, 1994 that the City of Encinitas consents to the foregoing Subordination
Agreement and consents to recordation thereof by its duly authorized officer.
! -7 C '1~ ¿:;;
Dated' k) - // J - vi.
. "c "", r" ¡ ,. ;
By:, (' Œ¿t.J ~~, (l~{..~~
Alan D. Archibald, P.E.
Director of Engineering Services
'. '~~LI~ORNIA ALL-PURPO. ACKNOWLEDGMENT t
2.
("I (' Ft
~ (\ i ",,' 11 (G\
County of t.~" {!.... f' Q~ {;, ;"'\ , "1
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oniJlLU6.A/)~ I~ t~tL'L-beforeme,'( \Qcl'¡\ '1\. FC+-ersc'n,l)t.7,/!/" ~,L'7/)'(:.
~ate ,-' Name Qnd Title r¡f"°fflcer (8,g" 'Jan,e Doe Notary f'~?Î, J, - .;
personally ~ppeared F(,¿tl('\( K ~~-LU"l \ V'" ~ LRs" Ù~ (,~\
Name(s) ot Signer(s) .
f'"'"" ,~Lt~~H~"", ~"',, " ,'", ,"'..anr>o. L'\Q.f')(prOVed to me on the basis of satisfactory ~vidence to be t,h~ person(s)
.. ":'~.:i:, ". s,. , \f.I,\1 ~.A PETERSON whose name(s) Is/are subscribed to the within Instrument
:;: !-"/,J:'~ ,'\ C"Y,1M #:037777 z and acknowledged to me that he/she/they executed the
~ :."t¡'~"þJj No:o:'1-' ':'~:b!'~ - California ~ same in his/her/their authorized capacity(ies), and that by
'" V/ SAN L;¡EGO COUNlY h' /h /th' . t () th' t t th ( )
;~ My Comm. Expires SEP 26 1998 IS er elr signa ure s on e inS rumen e person s ,
, ' or the entity upon behalf of which the person(s) acted,
executed the instrument.
State of
~~'"
~~"~,<í~' : SHAWN M P"Tr', ;~" .
22 '-~'I'" r"',,' c"")1\
<,t.,',',',,',J',',A,,"-' ""',',"""'<""""""'" J ,
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. , omm EXpi ~' r
- ",',,',re,',sSEP,,26,19
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WITN,i' S S my handa",n,d, O"ffiC,i,a, I sea,!.
, .!) J-,
oc,/j (\LL(L 1-- V] l , 1-. lCt J-~ "-
Signature of Notary 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(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name: -
Individual
:J Corporate Officer
Title(s):
i Partner - [ Limited
Attorney-in-Fact
,J Trustee
Guardian or Conservator
Other:
Top of thumb here
Individual
LJ Corporate Officer
Title(s):
i Partner - ~ Limited c: General
_J Attorney-in-Fact
~ Trustee
~J Guardian or Conservator
[J Other:
General
Top of thumb here
Signer Is Representing:
Signer Is Representing:
iþ 1995 National Notary Association' 8236 Remmet Ave.. P,O, Box 7184 . Canoga Park. CA 91309- 7184
Prod, No, 5907
Reorder Call TolI.Free 1.800.876-6827
.
2630
.
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
SEWER EASEMENT TO
CARDIFF SANITATION
DISTRICT
A PORTION OF PARCEL 2 OF PARCEL MAP NO. 3008, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 29, 1974, AS FILE NO 74-235893, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 3008;
THENCE NORTH I2°34'33" WEST A DISTANCE OF 248.00 FEET ALONG THE WESTERLY LINE
OF SAID PARCEL TO THE NORTH WEST CORNER OF SAID PARCEL 2; THENCE NORTH 71 ° 00'
00" EAST, 39.53 FEET ALONG THE NORTHERLY LINE OF PARCEL 2; THENCE SOUTH 18° 19'
29" WEST, 258.12 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 2; THENCE SOUTH 81°
IT 15" WEST, 65.28 FEET ALONG THE SOUTH LINE OF PARCEL 2 TO THE POINT OF
BEGINNING.
Qvc ø £a J- ZtJ-C¡<f
PETER c. GOLDING ATE
loS.4768
y :wi nword/prj/rv4/trumines,doc
w,o.# 0017-10
SCALE: 1" = 50'
JO' PRIVATE ROAD to
UTILITY EASEMENT
2631
RANaiO
SANTA FE
ROAD
PARCEL 3
P.M. 3008
00'
~~ß.
., t.
00
PARCEL 2
PARCEL MAP NO.
VICINITY MAP
NO SCALE
3008
--
---
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---
81' 17' 15" E.
N.
--
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---
(
P.O.8.
--
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---
N
PARCEL 1
P.M. 2774
SHEET 1 OF 1
QTY OF ENQNTAS
Scale
1"=50'
Drown By.
JLM
Dote: SEPT 29, 1998
Checked By. JlM
Dote: SEPT 29, 1998
EXHIBIT
UB"
W.O.
Ref. 17-10
Approved By.
Dote:
Tracing No.
X:ACAD\PRJ\RV\RV4\M\PLATS\FRUMtN.DWG XREf:BNTCSD 01-21-99
RANtHO 'ÆRDE UNIT 4 JOB NO, 0017-10