1999-451058
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3985
Recording Requested by:
Cardiff Sanitation District
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1999-0451058
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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
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)
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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:
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By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
8
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
8
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No. 5907
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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
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,;
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:
¡
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NUMBER OF PAGES
I .', /
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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
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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)
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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
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~ ~ Notary Public - ColnCffiIC ~
Z , Orange Coun1y t
j - - - :_c:c:r:.~~2~
.
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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.
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L.S.4768
J M :cp/y :winword/prjlrv4/hodgcs,doc
w,o.# 0017-10
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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