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2001-419312 {/? ¡ (ell , , \~'~ . \X Dcr 8 ¡: ' , ':...J n' . ',." '-"" ',"- Recording Requested by: Cardiff Sanitation District , , ," " ,,! '- ,¡ ,; , .J ,L- '" When Recorded, Mail to: District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District f~/ 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 /I day of ~t!é- <{?"h/'f ':,j'Z , 2000. OWNER: ,.""""""-.- .... """, €~~G -- / ----" By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] GOVERNMENT CODE SECTION 27281 8 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .;j¡:¡ "- ' ì~), l.d_? [' } 55 On tx:- c tf 'Å C' t' l ' 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) --. L 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 'Y7 t'- í...-.,...;, ' ,1-""',-,- / 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' '-- '- .... J .. 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 8 8 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 - 0 r ~JJ.[W1M By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District AUG-30-2000 14:39 MORTGAGE SERUICES 847 330 4587 P. 12/16 8 8 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. . '~~ i.. I, '1 .', 1(,//)1/ , ! ,.- ' , ','^> .., ,-j~' ~":';>_.."\ ,'>' ,~."~ ~.-- DATED BENEFICIARY OR TRUSTEE By: ~j" / ,'. ~ ' " .....- /'" '.,~,//// "-<",,, .' Title: ',I , .' ( ,,~:' /7, "; ,;" ." . , DATED BENEFICIARY OR TRUSTEE On this 6th day of September, 2000, before me, personally appeared Robert Blake, Vice President. By: / ' .- In witness Whereof, I hereunto set my hand and officail seal. Title: ,~ '~~¡J 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 8 8 State of r1ls <er¿j,J)t' )1.5 County of jy /IJ/J;, ,ss: ~ ¡J / ¿Ô()! 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. ~ - 5- 8 8 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 ( 0 t \ ~" LíJJ.Ji \~~, ,./ . By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District 8 8 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 .~;:::-~-;?:~, ~R/W I I I I I I CP- Ir- II ~ I I I I 'L__- I I I I j> \J Z L~ OJ 0 L 0 (J;). <--...!... L L ".} ..t' :J:. )? r- "\.\. '-,- .J.--- \J Z L ".} OJ 0 - L \: 00 (J:J.-\. I I I I I I I I I I I +--\ <--...!... L L ".} OJ 15' WIDE PUBLIC SEWER EASEMENT PER DOC. No. REC. ~ P,O.8. . . R/W 8 RUBENSTEIN /- Nl1ï7'50"W 98.25' /" ,'- 83.25' / \ I I r-\ r- I a a I -l-l I ~I~ 0 CD Þ \J Z ~ )? '\J L~ OJ I~--Z 0 :-" .<---... L C)r- <::) Iq~ ~ CJj CD f- 511 1 7'50 'c 8J.f5 '..\ I \ I I 15.00' I ::r:1 I I <: ~ ~ ~ c) n,': :J:. 0 )? ..-\. ~ r- "\.\. ..¡:.. ..¡:.. ~ ~ <: ~ ~ "-.:> -... a M' APN: 260-081-38 I I cP <...,¡ <...,¡I~ -... c) ~1Ú"1 "-.:> ~ ~ ~ --.J ...-!- o~ OJ I I.~ I \\~ - -. - ~'47'50 W \ 8<HIBIT '8' A 'ÆNUE . \', \ , '-~15.00 ...-/ .... ..J> \J Z \J L~ C'J OJ L- 0 L OJ 0 (J;). ~~~ SCALE.. J ~ <--...!... L 01. <--...!... \] <" 15' WIDE EASEMENT FOR INGRESS & EGRESS TO MAINTAIN SEWER LINES GRANÆD TO CARDIFF SAN/TA nON DISTRICT HEREON, --- ~ z 0 '- » \J \JZ 0 L- L~ OJ 0 L".} L <--...!... 0 0"7; (J:J CD <--...!... L~ L 01. 0 V) ~ ~ ~I\ )~ ~I\ ~..¡:.. -~~ ---- .-. j> /" ~c J o...-L L ..t' \ CD 1517' . ~--N19'47'50"W ~ ...- - --- - - \ 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