2001-419312
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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
Encinitas, CA 92024
For the benefit of the District
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USE ONLY
SEWER ACCESS EASEMENT
Assessor's Parcel
No. 260-081-38
proj ect No. CS 343
w.o. No.
DOUGLAS LOVISON, A Married Man, as his Sole and Separate 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 access as required 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, flow~rs, and any other
obstructic,ns interfering wit'l the use of said easement and ri~hc"
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 to obtain
access as needed in the construction, reconstruction and
maintenance of said sewer lines or structures incidental thereto.
To have and to hold said access 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:
,
8
8
See Exhibit "A" and Exhibit
hereof by this reference.
"B" 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 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.
Executed this
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day of ~t!é- <{?"h/'f ':,j'Z ,
2000.
OWNER:
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By:
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
GOVERNMENT CODE SECTION 27281
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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On tx:- c
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oJe
. before me,l)J/)Æ:.IIN ""'-, L4:../-AC¡r:;¡¿c. I.L (rift-"../ r!r/t.;C
Name and Title of Officer (e,g" "Jane Dol. Notary Public") .
1-.( ¿. I-J- C N1
Name(s) of Signer(s)
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personally appeared
'-r¡L 'LL;L-fI £)
[J personally known to me
'~proved to me on the basis of satisfactory
evidence
^""""^-"'^"'^'^'^""^""'^""'f
) "::. MARTIN J. GRENETSKO m
CD . \ COMM. #1158126 (')
1-0' ,,; . NOTARY PUBLlC-CAUFORNIA -t
~ SAN DIEGO COUNTY 0)
m My Comm. Expires Oc1Obel7, 2001
to be the person(~ whose name(~) is/are-
subscribed to the within instrumenC-and
acknowledged to me that he/~ executed
the same in his/henltAetr authorized
capacity(ie6t. and -¡hat by his/hQrithgir
signature(s+ on the instrument the person(s+,. or
the entity upon behalf of which the person(st
acted, executed the instrument.
Place Notary Seal Above
WITNESS my ha
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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 Docu~nt
Title or Type of Document: .::;¡;¡:¿<... ( ,
I~r,..>," < C'
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LJ-f<)t',i 1::-1/ -1--
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[J Individual
[J Corporate Officer - Title(s):
l] Partner - [J Limited D General
D Attorney in Fact
D Trustee
[I Guardian or Conservator
lJ Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
(Ç) 1997 National Notary Association. 9350 De Soto Ave" P,O, Box 2402 . Chatsworth, CA 91313-2402
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
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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
AUG-30-2000 14:39
MORTGAGE SERUICES
847 330 4587
P. 12/16
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of
Trust recorded ~;"'" o", as file/page No. '
subordinated to Easement For Acc@ss and Maintenance of Public
Sewers (-DOCUMENT- hereinafter) Required Aa Condition of Approval
of CS 3J.¡3 ; City of Encinitas;
Now, therefore, for valuable consideration, the re~eipt of which
is hereby acknowledged, the undersi~led 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.
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DATED
BENEFICIARY OR TRUSTEE
By:
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Title:
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DATED
BENEFICIARY OR TRUSTEE
On this 6th day of September, 2000,
before me, personally appeared
Robert Blake, Vice President.
By:
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In witness Whereof, I hereunto
set my hand and officail seal.
Title:
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4pC~LCM l
ERiC C. BOWERM^,,~
Notary Public
My Comm;ss'on fIt",ir",
'iePle,",b?, 73
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
AUG 31 '00 16:08
847 330 4587
PAGE. 12
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State of r1ls <er¿j,J)t' )1.5
County of jy /IJ/J;,
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On this If) 1 day flf 1Ití!" ' .j} ,-200(1 , before me
personally appeared t;)/;lt,.../- iJ¡U¡ drc ,r/(/',: J~/ll
known to me (or proved to me on the basis of satisfactory evidence) to be the
individual(s) described in and who executed the foregoing instrument, and duly
acknowledged to me that he/she/ they executed the same as his/her/their free act and
deed.
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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:
Ç-2l-D (
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By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
8
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99-144
8/24/00
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
SEWER ACCESS EASEMENT
(APN 260-081-38)
The Southerly 15.00 feet of the North half of Lot 19 of Ridgeway Heights, in the City of Encinitas,
County of San Diego, State of California according to Map thereof No. 2163, filed in the Office of
the County Recorder of San Diego County, on July 3, 1929 and as shown on the Record of
Survey of said Ridgeway Heights, filed for the purposes of correcting errors in the Original Map,
being Record of Survey Map No. 1193, filed in the Office of the County Recorder of San Diego
County, on September 20, 1945, excepting therefrom the Westerly 15.00 feet thereof; said North
half of Lot 19 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 19; thence South 11017'50" East along the Easterly
line thereof, 98.25 feet; thence South 78042'10" West parallel with the Northerly line of Lot 19,
425.54 feet to an intersection with the Westerly line of Lot 19; thence North 19047'50" West along
said Westerly line, 99.34 feet to the Northwest corner of Lot 19; thence North 78042'10" East
along said Northerly line, 440.22 feet to the POINT OF BEGINNING.
Except therefrom that portion described as follows:
Beginning at the Northeast corner of said Lot 19; thence South 11017'50" East along the Easterly
line thereof 83.25 feet; thence South 78042'10" West parallel with the Northerly line of Lot 19,
121.00 feet; thence North 11017'50" West parallel with the Easterly line of Lot 19, 83.25 feet to an
intersection with the Northerly line of Lot 19; thence North 78042'10" East along said Northerly
line, 121.00 feet to the POINT OF BEGINNING.
Contains 6,172 square feet, more or less.
99144./g/3
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15' WIDE PUBLIC SEWER
EASEMENT PER DOC.
No.
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APN: 260-081-38
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15' WIDE EASEMENT FOR INGRESS & EGRESS
TO MAINTAIN SEWER LINES GRANÆD TO CARDIFF
SAN/TA nON DISTRICT HEREON,
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JOB No, 99-144 8 '24/00
~ ~ t ~ t:N6IN~1N6. JM;,
CONSULTING ENGINEERS
2187 NE'NCASlLE AVENUE SUITE 103
CARDJff BY THE SEA CA. 92007
TEL. 760/4-36-8500 tAX 76b/436-8603