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1999-451058 f¿ (if ) ~~ ,,-1 r/I) I/"/C \/ . 8 ¡f'~1i r¡ t'¡' 8. i} ~J Li . , 3985 Recording Requested by: Cardiff Sanitation District ) mn F'~ë ) ) ) ) ) ) ) ) SPACE A USE ON] IIIIIIIIII II m" I III" I 1999-0451058 '. ( When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City SEWER EASEMENT Assessor's Parcel No.264-151-29 Project: DCS 289 W.O. No. Scott M. Hodges and Sherry M. Hodges, husband and wife, as community property 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 Parcell of Parcel Map No. 2774, in the City of Encinitas, County of San Diego, State of California, filed in the office of the county recorder of 8 8 3986 San Diego County, Official Records. June 21, 1974, as File No. 74-166438 of 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. þ-, );( ~ 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 condi t ions 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 /9" day of dIe'oi/ é/t:? , 19 /t:/ OWNER, -... ¿-If By. I/7/#rþ¿ 5}-'" ~ By: " . . 1\.J() ¿¡ ~ . ¡ . /~ .1- [Signature of OWNER must appropriate acknowledgment.] be notarized. Attach the I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution No. 94-1C7 of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing ~asement Dedica~ior: an~ consent~t: to reco~?ation~here~1 by ltS duly authorlzeC1 offlcer. /( f /. ; ~"'.'.'.\ ,.i... ../' U /~'/ Dated: 2 ~ ¿ -11 \.YA-4-v-J ~ J! j' -~'~Jvc.{~~/ Alan D. Archibald Director of Engineering Services BK/hz/2813.doc (10-26-95) 8 ~ 8 3987 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: / "-./ <i " - /, C; - q v, O¿. t/., , " , ! , I. ( I .' 0 Ii" ,i' 1/',,1/ j ¡ 'I. \",{,/ 'r-""'...), \"i ../~i V~ ~ 'Jt.-l~ . By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District 8 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 8 .j No. 5907 .' I [" [ ( t d t."\ - v \ , , ,! \,' (;, . (,/ \ I )L í 1'- I I . I ,',\ .. " >" I (. I ¡: L_, 3988 State of County of before me, ¡ ¡ I L (u ¡ ¡ l> (. U :. ( l \ ¡{"',if ( U l i ruL { (c, c [d II, u\ fi it¡ (, ,,"~ï: O¡ ~:';'t'/:n: <0'1""-"'" > ) NAME(S) OF SIGNER(S) I ,/ [J personally known to me - OR - 0 proved to me on tho baGi3 of satisfactory evidence to be the person(s) whose name(s) ..i~/are subscribed to the within instrument and ac- knowledged to me that -Re.L&Ae/they executed the same in h-j.sl-l1eí/their authorized , capacity(ies), and that by h+s,LM+ltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On , I I , DATE personally appeared r"'" N.'.......,...-. n...,.. N."'.' N N."'... .'\.' N. "'.""'."""".".1""1 .~~ M. LAMOUREUX ¡; COMM. # 1161687 ,... ~ . ' NOTARY PUBLIC. CALIFORNIA ~ , SAN DIEGO COUNTY - t . . My Comm, Expires Nov. 28.2001 J .'...Y. .'."", ."""""'.-.'¡f'.""""""...-.'W' _.""'.-.oww. -. WITNESS my hand and official seal. /.i'-/"¡).:~j,., >'V,\ ,. / \. . Q:¡/ ru, L / :; (( )(~ ./ SIGNATURE OF NOT~Y I ,; 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 tsJ INDIVIDUAL ::.. 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) 5~{(:'l /,/V/)"> Ie TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY.iN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERV A TOR 0 OTHER: ¡ /.- '>.1 NUMBER OF PAGES I .', / I I " J . I' i , ! I, / I ',' '. DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) .' I I 11 1>( II'); f. V ( II! (- l{ r' SIGNER(S) OTHER THAN NAMED ABOVE ro1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P,O Box 7184. Canoga Park. CA 91309-7184 8 8 LN 1164117898 3989 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire ,to have the Deed or Trust recorded April 4. 1998as f!~~f~å~*N~. Doc. 111998-0185965 subordinated to Easement for Access and Maintenance of Public Sewers ("DOCUMENT" hereinafter) Required as Condition of Approval of Sewer Improvement Plans by the ~ity 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, December 30, 1998 DATED Bank of America, FSB BENEFICIARY ~~ By: ,;/;7 /:?é?C>7 Nhan Tran <- '----' - ..>Y ¿/¿'" é '7 Title: Authorized Officer December 30, 1998 DATED Bank of America, FSB BENEFICIARY ~Æx~~~~~ By: j" ' Mary J'o . Pe;:{¡" ,/ Title: Assistant Vice President Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgment. BK/hz/2813.doc (10-26-95) . . 3990 LN #64117898 State of California County of Orange On December 30, 1998 before me, Dina C. YoQi, a Notary Public, in and for Orange, California, said County and State personally appeared Nhan Tran, Authorized Officer and Mary Jo Petri. Assistant Vice President of Bank of America, FSB, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. :~: :~u~: ~:Z;~~;---------- Notary Public in and for sair¡Tc°bty and State DINA C. YOGI Comrnissio:: jii 9(H2B z .. . z ~ ~ Notary Public - ColnCffiIC ~ Z , Orange Coun1y t j - - - :_c:c:r:.~~2~ . . 3991 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. , e) -'- "" Dated' to"'- ¿.S~Cj '~! , ',i.,: 1\..>' 7//'1 Ii. .""." l ~1 '. if. By: . ~ .( ,-1(,,""...1 "'-)' r D'l t/ V1/(/~i.,-t't.{-,' .' 'j ~ V' Alan D. Archibald, P.E. Director of Engineering Services . . 3992 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT TO CARDIFF SANITATION DISTRICT A PORTION OF PARCEL I OF PARCEL MAP NO. 2774, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18,1974, BEING 20 FEET IN WIDTH, 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWEST CORNER OF PARCEL I OF SAID PARCEL MAP NO. 2774; THENCE NOR TI-I 8 I °5 I '22" EAST A DISTANCE OF 54.3 I FEET ALONG TI-IE NOR THERL Y LINE OF SAID PARCEL TO TI-IE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 18° 23' 40" EAST, 17.80 FEET; THENCE SOUTH 72° 37' 13" WEST, 36.33 FEET TO A POINT ON TI-IE ARC OF A NON-TANGENT 1,250 FOOT RADIUS CURVE, CONCAVE WESTERL Y, A RADIAL LINE TO SAID POINT BEARS NORTH 78° 00' 36" EAST; THENCE SOUTI-IERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08° 28' 49", AN ARC DISTANCE OF 185.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 03° 30' 34" EAST, 42.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL], SAID POINT BEARS SOUTH 12° 00' 26" EAST, 251. 10 FEET FROM SAID NORTHWEST CORNER OF PARCEL I, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED SO AS TO BEGIN AT THE NORTH LINE OF SAID PARCEL I AND TERMINATE AT THE WEST LINE OF SAID PARCEL I. I~~'!ff: ¿ ~ /~;~?? L.S.4768 J M :cp/y :winword/prjlrv4/hodgcs,doc w,o.# 0017-10 - - -;-6~ ((F! Ñ 78'00 3 Z -" Ñ Ó 0. ~: ~ .... -\(2 . -\ ~-<.. 2:0 O-r'1 "f""\ <.OZ .->(J \- ..->~ <.0-\ OJ):>' (j) N SCALE: 1" '= 50' Drown By. Checked By. JlM Approved By. JLM L~M -=8- 54.31' .3993 20' EASEMENT TO OMWO REC'O 7-:30-74 AS FIN 74-203729 P.o.B. N81.51'22"E T.P'O.B.~-- -- 18.23' 40"W -- 17,8()' ~:53Ü' ROAD EASEMENT PER ~ -- DOC, REC'D 4-4-1974 -- AS FIN 74-085415 EXISTING 1.0.0. FOR PUBLIC ROAD PURPOSES, PER FIP 74-156276 N72"37'13"E 36,33' PARCEL 1 10' 10' RANCHO SANTA FE ROAD CITY or ENCINITAS PARCEL MAP NO. 2774 MCINITY MAP NO SCALE N 03.30'34"W 42.48' 30' EASEMENT FOR PRIVA1E ROAD AND UTILITY PURPOSES PER DOC. ~REC'O 7-8-1966 AS FIN 111515 EXISTING I,O.D. FOR ~ PUBLIC ROAD PURPOSES. PER F/Þ 74-156276 - PARCEL 2 GOLDING \ \ SHEET 1 OF 1 CITY OIF ENaNiT AS Scale 1"=50' Dote: Date:S£PT 29, 1996 w.o, Ref. 17-10 Tracing No. EXHIBIT "B" Dote:SEPT 29, 1996