1999-251243
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DOC' 1999-0251243
Apr 14, 1999 4:39
(JfICIIl RECIRDS
St'tl DIEGO COIMY REimER'S (JfICE
GREGOR\' J. SMITH, CllMV REImER
FEES: 49.00
OC: tt1
WAYS: 3
IIIIIIIIIIII~I
1 ;1lQ.02S1243
Recording Requested by:
Cardiff Sanitation District
PM
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District
SPACE ABOVE
USE ONLY
SEWER EASEMENT
Assessor's Parcel
No. 260-081-02
Project
W.O. No.
-rft\\ ~~ ~ \\ ,
1)t:'i . Z. 'S
DOIIALD LEE SIIOWBARGER All>> LOUISA THEIlFSA SIIOWBARGER. TRUSTEES OF THE
SIIOWBARGER IIITER VIVOS TRUST DATED APRIL 10. 1990.
hereinafter designated Grantor (s), owner (s) of the hereinafter
described lands, for a valuable consideration, doles) 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- 1
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 subject 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:
BK/csewer.doc (08-17-98)
.
9831
.
See Exhibit "A" and Exhibit "B" 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 wibhin
said easement and right-af-way any building or stru'cture. 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 ta 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
1 st
day of
OWNER:
Aoril
, 19 99
By:
~~A1LALf 7iu~
ALD LEE SIlO
(Trustee)
,-f~/;'/ /~ ~ tk~
LOUISA THERESA SII0WBARGER
(Trustee)
By:
BK/csewer.doc (08-17-98)
9832
[Signature of OWNER must be notarized.
acknowledgment.]
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Attach the appropriate
I certify on behalf that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby
accepted on behalf of its Board, pursuant to authority conferred
by Resolution of said Board adopted on March 20, 1979, Grantee
consents to the making of the foregoing Easement Dedication and
consents to recordation thereof by its duly authorized officer.
Dated:
'f/b/Q'f
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ALAN D. ARCHIBALD, District Engineer
Cardiff Sanitation District
BK/hz/sewerc.doc (10-19-98)
"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF San Diego
)SS
)
On April 1, 1999
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be Ihe person(s) whose name(s) are subscri
and acknowledged to me that lUle/they executed the same in hisJher/their authorized capacity(ies) and that li&r/their s'
the person(s) or the entity upon behalf of which the person(s) acted. executed the instrument.
before me,
Joanne Marzo, Notary Public
to the within instrUment
en'
Signa
JOANNE MARZO
CamIlI. .10l121lll8
fNrf PUBLIC CAI.I'ORNlI'
SAN DIEGO 00UHrY
MfOomm. Elcp. J.... 22,1-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the
document.
[ XI INDIVIDUAL
[ I CORPORATE OFFICER(S)
[ I PARTNER(S) - [ ] LIMITED
[ I ATTORNEY-IN-FACT
[ I TRUSTEE(S)
[ I GUARDIAN/CONSERVATOR
[ I OTHER
SIGNER IS REPRESENTING:
TlTLE(S)
] GENERAL
Name of Person or Entity
Name of Person or Entity
u~
Though the date requested here is not required by law. it could prevent fraudulent reattachment of this form.
TIllS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: EASEMENT
NUMBER OF PAGES 7 DATE OF DOCUMENT April 1, 1999
SIGNER(S) OTHER THAN NAMED ABOVE
"
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9834
.
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded Hav 26. 1978as file/page No. 78-216268 subordinated to
Easement For Access and Maintenance of Public Sewers ("DOCUMENT"
hereinafter) *Required As Condition of Approval Of 'T'P\ ~. 1Iq.
;
* SEE ATTACHED EXHIBIT 'A'.
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.
MARCH 31. ] 'l'l'l
DATED ~\\\\\I\IlllflJll"",
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7111Ii1lJ/JIIII\\\\\\~
STATE OF KENTUCKY
COUNTY OF JEFFERSON
BE
By:
B
Title: ASSISTANT SECRETARY
On March :31, 1999 before me, Amy Castaneda, Notary Public,
personally appeared Brooke Willman, personally known to me
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
a1~.-~
Z /NOTARY PUBLIC'
Nota Public. State al Large. KY
My c~mmission expires Feb. 17.2003
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9.5
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 9/20/90 as file/page No. 90-514322 subordinated to
Easement FoX' Access and Maintenance of Public Sewers ("DOCUMENT"
hereinafter) Required As Condition of Approval Of
;
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.
March 15. 1999
DATED
WASHINGTON MUTUAL BANK. FA
formerly known as
Great Western Bank
BENEFICI OR TR
By:
Title: Vice President
WASHINGTON MUTUAL BANK. FA
formerly known as
Great Western Bank
BENE~ARY OR TRUSTEE
By: . t...J
Su anne L. Breaker
March 15. 1999
DATED
Title: Asst. Vice President
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgment.
BK/csewer.doc (08-17-98)
. ~Aa:IFORNIA ALL-PURPO.CKNOWLEDGMENT 9836.
No. 61107
State of CALIFORNIA
County of SAN JOAQUIN
On '3-\?J1.~
DATE
before me, Michele J. Tuttle, Notary Public
NAME" TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC"
personally appeared Ellen E. Lorenz, Vice President and Suzanne L. Breaker, Asst,
......ElSlOFSIGNEIl(S) Vice President
og personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Aa/are
subscribed to the within instrument and ac-
knowledged to me that kl8'ISMfthey executed
the same in Mi'sAb'etltheir authorized
capacity(ies), and that by t1Vlf/h'~r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
MICHELE J. TUTTLE ~
COMM. .1185241 "
NOTARY PUBUC.cALfFORNIA 0.'
SAN JOAQUIN COUNTY
COMM. EXP. MAY 30.2002 ..
WITNESS my hand and official seal.
~~
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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TllLE4S}
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARolANlCONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIONER IS RErn......,'fTfNO:
NAME OFPERSON(61 OR ENmV(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION. 92311 Remmel Ave.. P.O. Box 7184' CanOIlll Paff<, CA 91399.7184
.
9837 .
I certify on behalf to the CARDIFF SANITATION DISTRICT a political
corporation and/or governmental agency is hereby accepted on
behalf of its Board, pursuant to authority conferred by Resolution
of said Board adopted on March 20, 1979, and consents to the
making of the foregoing Subordination Agreement, and consents to
recorda"on 'hereof by"" ~~ au'~r~aedl o~
Dated: ~/f, 1tt1 fJlb2 ~
~ ALAN D. ARCHIBALD, District Engineer
Cardiff Sanitation District
BK/hz/sewerc.doc (10-19-98)
~ ,'" '.
.
9838 .
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT FOR SEWERLINE PURPOSES OVER, UNDER, ALONG AND
ACROSS THE SOUTIIERLY 15.00 FEET OF THAT LAND DESCRIBED IN A DEED
TO DONALD LEE AND LOUISA THERESA SNOWBARGER, TRUSTEES PER
DOCUMENT RECORDED DECEMBER 3. 1990, AS FIP 90-841953, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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