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1994-572543 ~' . LI 4 '--~""- il 'I"\r. '.... ,- ,. '.... '. n ,'. -.!, ~'"" .' t i ,,~ j). . r. .l.1~ _ '1'.1 I L..,lfJ 27-SEP-1994 01~40 PM . Recording Requested by: Cardiff Sanitation District 124-0 ) ) ) ) ) ) ) ) r f' F/l:j L"4- ) SPACE ABOVE FOR RECORDERS'S USE t'i- ONLY !'"i[P~1 {);i RCTnRne: SA~;;~~~'~~ C~~j!~!T f~~~~~E~~Eo~b~IC:. DO . When Recorded, Mail to: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 264-091-27 Project ~8-183TM W.O. No. DCS144 WILDFLOWER ESTATES ASSOCIATES. A CALIFORNIA GENERAL PARTNERSHIP 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 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 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. tf/04/cov2-251wp5 (3-18-91/1) , "I ..... . ') . . ." ';' . . 124' The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of 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 and the entire area encumbered by the sewer easement shall be graded flat and unobstructed at all times, unless authorized by the Grantee in writing. 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 buildings or structures of any nature or kind that will interfere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key at all times. In addition, Grantors, their successors or assigns, will be responsible for .all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. 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 in any excavation made by it in the above described easement and right-of-way Grantee 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. tf/04/cov2-251wp5 (3-18-91/1) "..J. 'w. . 1_ Executed this 301:l day of ,19ft. 4fi).J\7~~ PARNER A . [Signature of OWNER must be acknowledgement. ]. llWf/Dllitr' ~M notarized. Attach 'Ates he appropriate 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: 11;"/1 If D~str~ct Manager tation District. tf/04/cov2-251wp5 (3-18-91/1) , , , . . C~L~FORNIA ALLoPURPOStlCKNOWLEDGMENT .249 No. 5907 State of CALIFORNIA County of ORANGE ()n AUGUST 30. 1994 DATE before me, NANCY H. WARNER. NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared AL F. MAYO AND JESSE R. OAKLEY NAME($) OF SIGNEA(S) [i] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ..... .... .... ...... .... .... .... .... .... .... ..... ( Nancy H. Warner ~ Comm. '10~lM6 'Nf'fPUalC WW..COUNrY c... ........Iuno24.1_.. .. . WITNESS my hand and official seal. ~ru'Atl.rii t1)~ SIGNATURE OF NOTARY . OPTIONAL Though the data beiow is not required by law, it may prove valuable to persons relying on the document and could prevent frauduient reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SiGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184 .. . ~ .. ,'. . . 1250 Executed this /6/ day of ---.d.t ~ I.J.U.. , OWNER: , 19..$f.. PARTNER B By: Mansour Heidari -~ ';V . ~;9,.".-t~ tv,/A/r.-...eyl..:t>-<L . By: [Signature of OWNER must be notarized. acknowledgement. ]. Attach the appropriate 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. anager Dated: ~//>M tf/04/cov2-251wp5 (3-18-91/1) . SUB~CRIBING.WITNESS ~TIFICATE (''WITNESS .JURAT,,)e 1251 No. 5908 State of County of On this the CALIFORNIA ORANGE 1ST day of SEPTEMBER 19 94 MAHMOUD HEIDARI , before me, the undersigned Notary Public, personally appeared NAME OF SUBSCRIBING WITNESS a personally known to me - OR - 0 proved to me on the oath/affirmation of ,who is personally known to me, NAME OF PERSON (CREDiBlE WITNESS) WHO IDENTIFIES SUBSCRIBING WITNESS to be the person whose name is subscribed to the within instrument as a witness thereto, who, beinQ by me duly sworn, deposes and says that liE (he/she) was present and saw MANSOUR HEIDARI ~ Na~ H. W~~e; f Comm. '1023~ NOTAIIY I'IaIC CAL ORMG[ COUNTY c:-. ..... ......14. ,_ .. "'.....- NAME OF ABSENT PRINCIPAL SIGNER the same person described in and whose name is subscribed to the within and annexed instrument as a party thereto, execute the same, and that said affiant subscribed HIS (his/her) name to the within instrument as a witness at the request of MANSOUR HEIDARI 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 (PRINCIPAL) o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT ABSENT SIGNER (PRINCIPAL) IS REPRESENllNG: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 401993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184- Canoga Park, CA 91309-7184 . . EXHIBIT MAM SOE 3529.02 5-17-94 FUe No. 3529swr.est PUBUC SEWER EASEMENT LEGAL DESCRIPTION That portion of lot 4 of City of Encinitas Tract No. 88-183, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 12882, filed in the OffICe of the County Recorder of San Diego County, october 23, 1991, described as follows: Commencing at the northwest corner of said lot 4, said point also being the intersection of the easterly line of Wildflower Drive with the Subdivision Boundary of said Map; thence along said easterly line South 3016'00" West, 15.00 feet to the southerly line of that Public Sewer Easement in favor of the Cardiff Sanitation District recorded in the office of the County Recorder of San Diego County on August 7,1991 as FJP No. 91-0396307, said point being the TRUE POINT OF BEGINNING; thence along the southerly line of said Cardiff Sanitation District Easement South 86044'00" East, 60.00 feet; thence leaving said easement line South 84044'09" West, 60.67 feet to a point on the easterly line of Wildflower Drive, distant thereon South 3016'00" West, 9.00 feet from the TRUE POINT OF BEGINNING; thence along said easterly line North 3016'00" East, 9.00 feet to the TRUE POINT OF BEGINNING. All shown for clarity on Exhibit "B" attached hereto and made a part hereof by reference. .' . EXHIBIT /18/1 .253 EXISTING PUBLIC SEWER EASEMENT PER F/P #91-0396307 ----.s-- N 86'44'00. 30' W I 176.00' \-+- 1 I - Jt- 1 - - 60.67' I a: 1 . c I.U c I PROPOSED PUBLIC II') 1 - .... 3 '" SEWER EASEMENT I.U ..,. 0 WI '" ~I- :> .... ....J .... c'" IJ.. ;"i~ ..... W ....'" . 0 . .... a: c "'..... c - ....J I 0 '" M A P 1 2 8 8 2 21 .... . ..... '" I 2 3 I I I L 0 T 4 I I I 1 I I SCALE: 1" = 20' SUBDIVISION BOUNDARY 352.9,02 ~ :.~.D;~~c;.,..~EERIHG.INC. 9J _"'00\._ -- CIVil. E_U1IIHG . PI.AHNlNG LAND SURvn'ORS ,/", .' . . , . . -1254 SUBORDINATION AGREEMENT . Whereas, those parties concerned, desire to have the Deed of Trust recorded-9-2-82 as file/page No. 82-272624 subordinated to !las_ent: Por Public Sewers ("DOCOH!:NT" hereinafter) Required As Condition of Approvat'Of TM 88-183 ; 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 DO~ to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. ~ 16' /41f I 5PrN 1I1~VITD UNION H1qltsc.ttwL "'])/S11tICr BJ;NEFIC~. T~ . . By: ~ , - Title: ERIC. .J: HALL.. 13lJSl rJe~s HA1VPrC7E~ DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. I certify on behalf of the Board of Directors of the Cardiff Sanitation District, pursuant to authority conferred by Resolution of said Board adopted on March 20. 1979 that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to re ordatio thereof by its duly authorized officer. Date ~~~ By TF/HZ/COV2-251wp5 (10-27-93-2) . .. J .. . -1255 STATE OF CAliFORNIA SS. COUNTY OF SAN DIEGO ON THIS /&--f!:::: DAY OF ~ ,1994, BEFORE ME, JOANN M. REDMAN, NOTARY PUBUC. PERSONAlLY APPEARED ERIC J. HAlL, PERSONAlLY KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS 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. . JCWIIIM.. l"fl - COMM.#...... I ....., 1IIMlI- {"' A 1N...1I0 1lOI r, Myc-........ ... ~,0ex~ L.S. 1111111111 111111_111111 111111111111111111111111111 11()ffT1()~ ..........................11111111111111.........~ DESCRIPTION OF ATTACHED DOCUMENT . ~ TITLE OR TYPE OF DOCUMENT ~- NUMBER OF PAGES 8-/5 -o,t{ DATE OF DOCUMENT j{)~~-SD SIGN R(S) OTHER THAN NAMED ABOVE . . 1256 SUBORDINATION AGREEMENT ( . Whereas, those parties concerned,. desire t~ have the Deed of Trust recorded- 11-4~82 ,as file/page No. 82-,411io subordinated to Easement For Public Sewers ("DOCOHENT" hereJ.nafter) Required As Condition of Approval Of TM 88-18, ; 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. , ',,!-;", ~.. ~~ )~Cl...'\ OAT ~ <tJ'\~~~~\~i~S.~~~ B~R TR 'TEE By: ~ Title: ~~~",'~~,","', BENEFICIARY OR TRUSTEE DATED By: Title: Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. ~ I certify on behalf of the Board of Directors of the Cardiff Sanitation District, pursuant to authority conferred by Resolution of said Board adopted on March 20. 1979 that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. ~ e;/I'!>/~y By / TF/HZ/COV2-25lwp5 (10-27-93-2) Date . C~~iFORNIA ALL.PURPO~ACKNOWLEDGMENT . 1257 No. 5907 :;:'0' X/2:;~' Do f7 .J;J /P P~~m me.k ~~". -~"_OO""AA.~ personally appeared . L~ ';t: >-~ l!<.r/ - NAME(S) OF SIGNER(S) 6C:1 personally known to me . OR - 0 proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and ac- knowledged to me that ~/she/t#y executed the same in tfS/her/t~r authorized capacitY(itrsl. and that by W>/her/t~r signature~ on the instrument the personV(l, or the entity upon behalf of which the person~ acted, executed the instrument. r - - - - U H - - - Hi @ VIVIAN I. AlEXANDER ~ COMM.#~ z ~ ~ Notary NlIIc - CalIfornia ~ . SAN DIEGO COUNIY - J_ _ _ _~c~.~.~:2~.1~1 WITNE S my hand and official seal. . . SIGNATURE OF NOTARY 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 T1TlE(S) ~ ~c-'<-t..- (... ~ ~ u'" d TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL )/~ 11I(' -../ NUMBER OF PAGES o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANI ONSERVATOR ~ OTHER: . DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASQN(S) OR ENTITY(lES) ~'t{.,.~~ )4./N~ SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 9130g...7184 . .' . .' ,. . . - . . 1258 SUBORDINATION AGREEMENT . Whereas, those parties concerned,. desire to have the Deed of Trust recorded.- 11-13-92 as file/page No. 92-07~qfi~'i subordinated to Easement For Public Sewers ("DOCUMENT" here1nafter) Required As Condition of Approval Of TM 88-1 R1 ; 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. ~ ::J S /97'''7 DATEIIV' ..z;;/I:fu....~..I.....= c/",u' .&...A "';? rdr;'A..... BENEF IARY OR TRUSTEE , By: 7f~ ~~- . ~:.. -/!... ./..;r . Title: DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. ... I certify on behalf of the Board of Directors of the Cardiff Sanitation District, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979 that the Cardiff Sanitation District consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date 11/)/~Y By TF/HZ/COV2-25lwp5 (10-27-93-2) . . CALlFORNIJ STArE OF CALIFORNIA COUNTY OF tJt~ On 7~';'1-'f'i DATE .ll-PURPOSE ACKNOvr ":DGEMENT ) 1259 before me, ~~~,J~!lhA~ NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, R~ ;e,H~.. 7L:~4v.A./tI'.-tt- . . personally known to me (or proved 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 he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~,~.ltt<L'Jd NOTARY PUBLIC SIGNATURE (SEAL) Vivian E. Wisehart Comm. ftIII515 TAIf'( PUIUO . CAI.. ~ COUNTY _~_I,l_" WITNESS my hand and official seal. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES l___