1999-770716
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1 999-0770716
DOC t 1999-0770716
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~. Assessor's Parcel SEWER EASEMENT Project No. CS 271
~ No. 264~101-61\. W.O. No. DCS 271
~~ Ai vin L. Sease and Donna J. Sease. Trustees of the Ai vin and
Donna Sease 1990 Trust
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.
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024 .
For the benefit of the District
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~ 1067
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Nav 22,1999 8=15
(ffICIAI.. REfmS
SAN DIEm WMrVREcœDER'S OFFICE
GREGORY J. SMITH, CIlIfTV RECORŒR
FEES: 0.00
OC: HA
SPACE ABOV~~OR REC~DER"S
USE ONLY
AM
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Recording Requested by:
Cardiff Sanitation District
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:
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1068
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See Exhibit "A" and Exhibit riB" attached hereto and made a part
hereof by this reference.
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; 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 7 J:,L day of ~1
OWNER:
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By:
By:
~~.
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
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CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
¿~ ¡, ~/'", ~
County of -..$;; 'f ~ ~~¿I
On 4;? '1S -I oi / j 9' before me, Ao~;i!eA) 6Ct/l r. ~~
Name 8IId Tille øI 0IIICIIr Ce.g., '.I8M Doe, PublIc:")
personally appeared ~~;, S-£4.r~ ¿:?-7# A'ÞM";' 5ë~rL
. N8m8 e) øI Slgner(e)
0 personally known to me - OR -KProVed to me on the basis of satisfactory evidence to be the person(s)
whose name(s) isfare subscribed to the within instrument
and acknowledged to me that helshelthey executed the
same in hislherltheir authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
f------------~;~;~~;;A~----l
. ANDREW GANZ
~ NOTARY PUBLlC.CALIFORNIAI
II! . COMM. NO. 1213643 ...
l SAN DIEGO COUNTY J
~_~_n__~~~~~~,_E~P.~~~.19,~
WITNESS my hand and official seal.
c<~.~/ .~
Sign8tur8 01 'r'" PublIc
. OPTIONAL
Thof.Igh 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 01 this form '° another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
Signer's Name:
0 Individual
0 Corporate Officer
Tltle(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
Top of thumb here
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RIGHT TfIUrclrJPHINT
OF SIGMR
RIGHT THUi.1lJPRINT
OF "IGrJf'fi
Top of thumb here
Signer Is Representing:
Signer Is Representing:
0 1994 Nation.. Notary AssocI8tton. 8236 Remmel Ave., P.O. Box 7184 ' Cenoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Cd ToI~F- 1-800-876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
170
State of
C¿;'/,h/~, ~
..s;., Þ:"'ð
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/' J9? before me, A,~û.I ¿"¿¡ "'~, /(/014,,'7
Name 8I1d Tille of 0IIIc:8r Ce.g., ..... Doe, NaIary PublIc")
~~ ¿¡.sf! 4 .... ,/ ;::::> éJ ,., o't .. ,5;,. of"
Nwne(8) øI Slgner(8)
0 personally known to me - OR -~roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that helshelthey executed the
same in hislherltheir authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
County of
On 4L~uf I- ~
personally appeared 4 /t'l ~
!8'U-"U:¡~i~:J
II! COMM. NO. 1213643 -
SAN DIEGO COUNTY J
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WITNESS my hand and official seal.
~~
+-
OpnONAL .
ThCf,I{1h the infotmatJon below is not required by law, it may prove valuable to peISOIJS relying on the document and could prevent
fraudul8nt 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:
0 Individual
0 Corporate Officer
Tltle(s):
0 Partner - 0 Limitéd 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
Top of thumb here
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RiGHT THIJI.'fjPRINT
OF ~;IGm:R
Top of thumb here
Signer Is Representing:
Signer Is Representing:
01994 National NoI8Iy AssocIation' 8236 Remmel Ave., P.O. Box 7184 'Canoga Parle, CA 91309.7184
Prod. No. 5907
ReonIer: CaR ToI~F,..'-800-876-6827
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GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed or gran t
to the
Cardiff
Sanitation District,
is hereby
accepted by
the
undersigned
agent
on behal f
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:
f/)- (8-q q
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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1072.
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of
Trust recorded November 10, 1993 as file/page No. 1993-0756127
subordinated to Easement For Public Sewer (IIDOCUMENTII
hereinafter) Required As Condition of .Approva1 of
City 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.
October 13, 1999
WASHINGTON MUTUAL BANK, FA SUCESSOR TO
HOME SAVINGS OF AMERICA, FSB
BENEFICIARY OR TRUSTEE
DATED
By, ~aA:)
Suzanne L, Breaker
Title: Assistant Vice President
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
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.73
. .CALIFOßNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of
SAN JOAQUIN
On
)tvl17A:J
OIlt8
before me. Michele J. Tuttle, Notary Public
~ IIId 11118 III 0IItC8r ,.,g.. . J- Doe, NoIeIy Publfl:")
personally appeared Suzanne L, Breaker, Assistant Vice President
Nllme(e) øl8I nerCe)
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Islare subscribed to the within instrument
and acknowledged to me that helshelthey executed the
same In hislherltheir authorized capaclty(ies), and that by
hlslherlthelr slgnature(s) on the Instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the Instrument.
,....---' .
MICHELE J. TUTTLE 7
COMM. , 1185241 ~
NOTARY PUBlIC.cALIFORNJA (;)
SAN JOAQUIN COUNTY 0
COMM. EXP, MAY 30.2002 ...
WITNESS my hand and official seal.
'---\'Y\ Air Ào ~ ~
SIgnùn øI PuIIIIa
OPTIONAL
TfHJc gh the Infomlatlon below is not requited by law, It may prove VaIuabIIi to pènIons t8Iyinø on the document and could ptevent
fr8uduIent removal and reattIIchment 01 thI8 fonn to another document
Description of Attached DoCument
l1tle or Type of Document:
Sewer Easement
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
Signer's Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
0 Individual
0 Corporate OffIcer
TlUe(s):
0 Partner - 0 Limited 0 General
0 Attorney-In-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
lilCH1 1!1I-;1I'P;iI1<1
CF "'C"IU,
Top of thumb here
Top of thumb here
Signer Is Representing:
Signer Is Representing:
0 1994 Nallonaf Nol8ry'Aasoclation .8236 Remme' Ave., P.O. Box 7184 ' C8I\Oge P8rk, CA 913011-7184
Prod. No. S907
R8o,d8~ Ce"ToU.Freel.aOO.876-1 12J
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I certify that on behalf of the Cardiff Sanitation District
pursuant to authority conferred by Resolution of the Board
adopted March 20, 1979, that the Cardiff Sanitation District
consents to the making of the foregoing Subordination Agreement
and consents to recordation ther of by its duly a thor'zed
officer.
Dated:
/ð-t6-tl1
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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1075.
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Úeed of
Trust recorded October 1, 1999 as file/page No .99-0667954
subordinated to Easement For Public Sewer ("DOCUMENT"
hereinafter) Required As Condition of ~pproval of
City 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,
/0" 0/ - q 9
DATED
DATED
~~
BENEFICIARY OR TRUSTEE
By : Lisa Hill
Title:
Vice President of Lending
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement,
'. "."', .
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
1076
State of California
County of San Diego
On 10-1-99
C818
before me, KILl ~rA- H6P1¡fS~ tJð-n+Il..~LJ~
Name 8IId Tille øI DIIIc8r Ce.g., . Doe, NoI8ry Public") ,
personally appeared
Lisa Hill
Nllm8(e) øI Slgner(e)
IS personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) isfara subscribed to the within instrument
and acknowledged to me that helshelU1ey executed the
same in hislherltheir authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
~-""'-""'~=""""~""
J0 ~~- 1
S Me: NoIaryN*-CaIfOmIO
! . San DIego Ccu11v -
~ - - -- - ~cœm ~s:~zm t
WITNESS my hand and official seal.
~ <iJ~ - - -;1
SIgn8IuIe øI '**" PublIc ð ~
OPTIONAL
ThocIgh the information below is not required by law, It may prove Valuable to petSOtIS t8Iying on the document and could prrwent
fraudulenl removal and I88ttachment 01 this fonn to another document
Description of Attached DoCument
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Signer's Name:
0 Individual
0 Corporate Officer
Tltle(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
Top of thumb here
0 IndMdual
0 Corporate Officer
Title(s):
0 Partner - 0 limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other.
RIGHT THUf.iBPRL'H
OF SIG'-i~R
Top of thumb here
Signer Is Representing:
Signer Is Representing:
01994 National NOIaryAssociation' 8236 Remmel Ave., P.O. Box 7184 'Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Fr.. 1-800-876-6827
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.
1077
GOVERNMENT CODE SECTION 27281
, '.
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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: II>.. /P;-~1
BY:~~W4l
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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JULY 27, 1999
SDE 4318
ALVIN L. SEASE, TRUSTEE
DONNAJ.SEASE,TRUSTEE
APN 264-101-61
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 25.00 FEET OF PARCEL 1 OF
PARCEL MAP NO. 9274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 19,1979 AS FILE NO. 79-439399 OF OFFICIAL RECORDS.
File: surveys\4318surv\264_101_61 revd.wpd
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~ SAN DIEGUITO ENGINEERING,INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA 92024
PHONE: (760) 753-5525
CIVil ENGINEERING /lLANNING
LAND SURVEYING
EXHIBIT "B"
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
POR SE 1/4 OF NW 1/4
OF SW 1/4 OF NW 1/4
OF THE NW 1/4 OF
SEC 9, T13S
R3W, SBM
UlJ ~à4"1.f)1--ì2
==- -==- -==- -==- - - -==- -==- -==- -==- -I
:=r=- LL-rL-Y-r~ I
I ,\
111
11\1
II
III 110
I ~
II ~ II~
20~~
II I II:
II I
---+i 11.1
VICINITY "AP PARCEL 2 OF II I I
NOr-1O-SCALE P.M, 9274 .H
jplJ ~.:M"1.f)1--U I I
THE PROPERlY UNE DIMENSIONS II/III
SHOWN HEREON WERE CALCULATED
FROM RECORD DATA AND TO NOT II II
REPRESENT A LAND SURVEY I I
II/ II~
III 1%1
JÐ~
SCALE 1" = 401
20'
Ct ø' PROPOSED PUBLIC
SEWER EASEMENT
PARCEL 1 OF
P,M, 9274
jp lJ ~.:M"1.ÙJ.o à"J
EXISTING 30' PRIVATE
ROAD EASEMENT
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7'
1
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25'
4318plaL3.DWG, SCALE:1--40', DATE: 7/19/99
SDE 4318