2004-1079903
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o. # 2004-1 079903
1111/1111111 11111111111111111111111111111111111111111111111111111' 1111
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Recording Requested by:
Cardiff sanitation District
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When Recorded, Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue)
~D Encinitas, CA 92024 )
r1 For the benefit of the District)
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'I{ :"1,"2 .~y
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\ Assessor's Parcel
No. 260-430-22
NOV 15, 2004 4:02 PM
OFFICIAL RECORDS
SAt-J DIEGO DJUNT'r' REClJRDER'S OFFICE
GRECiORY J SMITH, COUNn' RECORDER
FEES 0.00 WP,'r'S
oc. NA
P.4GES 10
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11111111111111111/11111111111111111111111111111111111111111111111111111/11111
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SEWER EASEMENT
Project No. 01-090
W.O. No. 7828-G,I
BEST IN THE WEST DEVELOPMENT. LLC
hereinafter designated Grantor (s). owner (s) of the hereinafter
described lands, for a valuable consideration, do (es) hereby
GRANT and CONVEY to the City of Encinitas 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:
See Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof by this reference.
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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.
:¿f? t!:L day of rJv/ùkr-
Executed this
2004.
OWNER:
By:
Br
es, Managing Partner
Be5r //} 7W€ d/è~':.T ~¡/~a:)/mP//,
//1::' -
By:
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
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Cl\t~r;Q¡RNIA, ALL.PURPOSE ACKNOWLfJ1DGMEN~F
, ,
State of California
County of 3M i1'~ '
On l2t1zhu Jt 1111. before me, ~
Date I ~. -. J L 1_. - Name and lltie of Officer (e.g" "J ne Doe, Notary Pc")
personally appeared ~ ~
Name(s) of SI9ner(s)
'ti personally known to me
b proved to me on the basis of SE tisfactory
evidence
~¡
l58.
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18- JeÂÑNE PLÀNTE I
."... COMM. #1467833 n
U NOTARY PUBUC-CALIFORNIA ~
en'; SAN DIEGO. COUNTY ...
(,) ,. My CommissIon Expires I
I . FEBRUARY 3, 2008
to be the person(s) whose name(s) is/c;w:e.
subscribed to the within instrument an<:
acknowledged to me that he/sh8.4R8y executed
the same in his/her/tABU' authorized
capacity(ies), and that by his/h~ir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
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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 DoculTent
Ti":le or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
"
Capacity(ies) Claimed by Signer
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:
RIGHT'THUMBPRINT
OF SIGNER ft
Top of thumb here
Signer Is Representing: -
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@ 1997 National Notary Association' 9350 De Soto Ave" P.O. Box 2402. Chatsworth, CA 91313-2402
Prod. No, 5907
Reorde~ Call Toll-Free 1-800-876-6827
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GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed or 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:
l~h,A~
f2t œ () 1--
By:
Peter Cota-Robles, P.E.
City Engineer
City of Encinitas
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of
Trust recorded Oc..\ri...-. '3/l.OO~ as file/page No. ~()O~ - '2'2.4lo~'
subordinated to Easement For Access and Maintenance of Public
Sewers (nDOCUMENTn hereinafter) Required As Condition of Approval
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.
DATED
\\/)./~o~
BENEFICIARY OR TRUSTEE
Title: M"~~ / w12.\.. 1V\\)#~""'~ LL'-
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
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Ac R. I\,owLe~ g eVVle l\,t
stCite of GCI LL fOYV\ÆCI
SClV\, ÞLego GouV\,tk:j
OU'd.OL\ befoye VlAe,jClcqueLLV\,ej°k:j CiClyV\,ey, Notli!Yk:j PubLLc, -peysoV\,Ii!LLk:j Ii!-p-pwyed:
lú- ~ ()
PeysoV\,Ii!LL RV\,OWV\, t 01" -pvoved to VIAe ov\, tVle bli!s~s of sli!hsfli!ctovk:j ev~dev\'ce) to be
-pevsov\' (s) WVlose V\,Ii!VlAe (s) ~s/Ii!Ye subscv~bed to tVle W~tVl~v\' ~v\'styuVlAeV\,t li!V\,d
li!cRv\'owLedged to VIAe tVlli!t Vle/sVle/tVlek:j executed tVle sli!VlAe ~V\, VlLs/Vlev/tVle~v ClutVlov~zed
W-pIi!C~t¡j (~es), li!V\,d tVlli!t b¡j Vl~s/Vlev/tVle~v s~gv\'li!tuve (s) ov\, tVle ~v\'stvuVlAeV\,t tVle -pevsoV\, (s)
01" tVle eV\,t~tk:j u-pov\' beVlIi!L f of WVl~CVl tVle -pevsoV\, (s) Ii! cted, executed tVle ~v\'stvuVlAeV\,t.
WITNSSS VIA¡j VlIi!V\,d li!V\,d off~c'~Ii!L swL.
18- ;.;Q,;..¡ ~ ;,.;,,: J
- Commlaalon # 1508361
I -a: Notary PublIc . Callfomla j
j' San DIego County d
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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 therea by it duly a tho ized
officer.
Dated:
JI I ~ /tJ4'
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By:
Peter Cota-Robles
City Engineer/District Engineer
City of Encinitas
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EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of land in the City of Encinitas, County of San Diego, State of California as shown
on Lot 2 of City of Encinitas Tract No. 01-090, according to map thereof No. 14745, filed in the
office of the County Recorder on February 25, 2004 described as follows:
Beginning at the northeast corner of Lot 2 as said map No. 14745; thence S.01°13'02"W., a
distance of 266.11 feet; thence N.88°46'58"W., a distance of 15.00 feet; thence N.01°13'02"E.,
a distance of 265.91 feet; thence S.89°32'27"E., a distance of 15.00 feet to the POINT OF
BEGINNING.
The above described easement of land contains 0.0916 acres, more or less.
All as shown on exhibit "8" attached hereto and by this reference made a part thereof.
Prepared by:
REC Consulting Inc.
Miguel A. Martinez
Lic. Exp. 6/30/06
8
L£GœD
1//) INDICATES SEWER
VJ-LJ EASEMENT DEDICATION
CONTAINS 0.092 ACRES
P.O.B. POINT OF BEGINNING
P¡Vi
15.00'
N89'32'27"W
Lor 2
Lor 1
¡ViAP ¡VOJ
CRESTVIEW DRIVE
@
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0 40
SCALE: 1 "= 80'
I I 1
80 160 240
Civil Engineering. Environmental
7445 Mission Valley Road, Suite 109
San Diego, CA 92108
(619)688-0305 (619)294-9394 Fax
I-~ 'I~: . ( ~
Consultants, Inc.
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ra&CtICt OF ...NOS
NORTH LINE OF LOT 2 AS SHOWN
ON MAP NO. 14745
RD'I:KNΠDRAWINGS
MAP NO. 14745
19125
~
646.20'
--
P.O.B.
N.E. CORNER
LOT 2
Lor a
14745
.....
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.....
a
(/)
Lor 4
VICINI TY MAP
NOT TO SCALE
CL& ¡ZE
Clt-LC. 5
15' SEWER EASMENT ON LOT 2 OF MAP NO. 14745
SWR.txt
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parcel name: SWR-EASMNT
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North: 53739.8021
Line Course: N 89-32-27 W
North: 53739.9223
Line Course: S 01-13-02 W
North: 53474.0723
Line Course: S 88-46-58 E
North: 53473.7536
Line Course: N 01-13-02 E
North: 53739.8036
East: 50454.1620
Length: 15.00
East: 50439.1625
Length: 265.91
East: 50433.5138
Length: 15.00
East: 50448.5104
Length: 266.11
East: 50454.1633
Perimeter: 562.02
Area: 3,990.162 sq. ft. 0.092 acres
Mapcheck closure - (uses listed courses, radii, and deltas)
Error closure: 0.0020 Course: N 41-31-51 E
Error North: 0.00152 East: 0.00135
precision 1: 281,010.00
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