1999-709216
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DOC # 1999-0709216
Oct 22, 1999 8:28 AM
Recording Requested by:
Cardiff Sanitation District
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2383
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USE ONLY
OffICIAL RECORDS
SAN DIEGO CillNTV REa:RDER'S OFFICE
GREGORY J. SMITH, CIlINTV RECORDER
FEES: 0.00
HA
2
oc:
When Recorded, Mail to:
District Engineer
e"'-:,I.I ..t1ili'''S_~ation Dil!itrtct '''1",
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District
WAYS:
FOR RECORDERS'S
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SEWER EASEMENT
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Assessor's Parcel
No. 264-101-40
Project CS 271
W.O. No. DCS 271
Brad T. Thornburgh and Leslie Peters Thornburgh, husband and wife
as joint tenants
_~..J hereinafter designated Grantor (s), owner (s) of the hereinafter
\Pr e described lands, for a valuable consideration, do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
~ Grantee, a perpetual exclusive 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, fences, 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 wi thin 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 City of
','
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2384
Encinitas, 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 by
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 use of said easement and right-of way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon.
The Grantee hereby covenants and agrees 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.
~o
2.~ - day of ~P"fe;MOEi'L.
, 19~.
Executed this
By:
By:
~~4'
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
"
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CALlFORItIA A~L.PURPOSE ACKNOWLEDGMENT
2385
State of
C~\\~r",,,
County of ~.." O\~~C.
On--.St;t."~l'r 'd-'>,!'\'\,\ before me, ~()~tt M. tJe:l\ I tJo~r'f P,,~I,c
personally appeare; Bc.J T \\or"hur')\., ""'~ i:;;r:..t'~:';$'~~~~:::'''''
NarM(a. 01 Slgnet(s)
o personally known to me - OR -)Q proved to me on the basis of satisfactory evidence to be the personQ)
whose name@i~ subscribed to the within instrument
and acknowted~to me that hils~executed the
SB.!.!'~ in~)r~authorlzed capacity es. and that by
hi/ll'tl~ignaturalSbon the instrumen the P,.\rsor0
or the entity upon be'liaif of which the persorqy acted,
executed the instrument.
WITNESS my hand and official seal.
~~~
Slgnalufe of NoIary PubIk:
OPTIONAL
Though the InlormarJon below is not required by law; it may prove valuable to personslfJiylng on /he document and could prevent
fraudulent ramoval and raaltachmanl of It>Is form to anollrar cJocumant.
Description of Attached Document
Tille or Type of Document: Sew.r t<).~~o,,~
Document Date: S<r\....l.,.r do}, 1'\ '1'1
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
TllIe(s):
o Partner - 0 limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top ollhumb here
RIGHT THur.18PRINT
OF SIGI\ER
o Individual
o Corporate Officer
11l1e(s):
o Parlner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top 01 thumb here
RIGHT THur 18PRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
o 1994 National Notaf'll Associatio" . 8236 Remmel AYfJ., P,O. BOll 71 S" . Canag8 Park, CA 91309.7184
Prod. No. 5907
ReOl'der: Call ToIl.Free 1-800.876-6827
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2386
This is to certify 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, and Grantee
consents to the recordation thereof by its duly authorized
officer.
Dated: q-1-q- qq
Oiw~r
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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SUBORDINATION AGREEMENT
2387
Whereas, those parties concerned, desire to have the Deed of Trust
recorded ". to. \"6 as file/page No. \'~f.. 012&557 subordinated to
Easement For Publ.ic Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval. Of SElJ.)E"/L MA...... ;
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.
-3...~~-tf1
DATED
By: ~(U UJr..o+t-<(j
Ti tle : As~/, C;Cc J-e,fcay
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
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2388
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of californiJ A J . J
Counlyof ~~~
On q-J.H - 21
Date
} ss.
personally appeared
~ersonally known to me
o proved to me on the basis of satisfactory
evidence
~ ROXANNE ARMAUN
_ Commission. 1176348
I' Notary Public - Catlfom/Q
j' Los Angeles County (
_ -' _ _My,::~m~~~l~~
to be the WlWlO(S) whose name(s) ~are
subscribed to the within instrument and
acknowledged to me that he/@they executed
the same in his/~/their authorized
caoacitv(ies), and that by his~heir
sianature(s) on the instrument the p~s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
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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.
Place Notary Seal Above
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
o Individual
D Corporate Officer - litle(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THlm1BPRINT
OF SI(,NER
Top of thumb here
Signer Is Representing:
C 1997 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
Prod. No. 5907 Reorder: Gall Toll-Free 1-800-876-6827
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2389
I certify on behalf of the Cardiff Sanitation District, pursuant
to authority conferred by Resolution of the Board adopted on March
20, 1979 that the Cardiff Sanitation District accepts and consents
to the making of the foregoing Subordination Agr ement, and
consents to recordation thereof bits d au 0 iz officer.
Date
q- 'Z-q-tt'1
By
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
SEPTEMBER 23,1999
SDE 4318
2390
BRAD T. THORNBURGH
LESLIE PETERS THORNBURGH
APN 264-101-40
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 25.00 FEET OF THE OF THE
WESTERLY 21.00 FEET OF THE EASTERLY HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
FILE: L:\1DATA\SURVEYS\4318SURV\264_101_ 40WPD
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EXHIBIT "B"
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
r _~"57''':>_ 165.10~ -l
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.AP1I 2:l~HgHUJ
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~I E 1/2 or NE 1/4 or NW 1/41~
or '!N/ 1/4 or NW 1/4 I')
I or SEe 9, T13S, R3W, SSW :
i APN 2'4-10'-'" I
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10
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13.8'
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S89'55 '18"W 165.32'
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21.00'
.AP.II 2:l.;l~1m~22
8l SAN DIE\lUITC ENGINEERING. INC. THE PROPERlY UNE DIMENSIONS
"," "",","ESTER. SUITE '0' SHOWN HEREON WERE CALCULATED
tNClNlTAS. CA 02024
PHONE, ('50) "'-,'" FROM RECORD DATA AND TO NOT
CIVIL ENGINEERING. PlANNING REPRESENT A LAND SURVEY
LAND SURVEYING
431BplaL6 DWG. SCALE: I "-60'. OATE:7/19/99
2391
SCALE 1" = 60'
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VICINITY WAP
NOT -TO-5CoIIL
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SDE 4318