1994-572543
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27-SEP-1994 01~40 PM
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Recording Requested by:
Cardiff Sanitation District
124-0
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)
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) 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
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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.
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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($) OF SIGNEA(S)
[i] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
..... .... .... ...... .... .... .... .... .... .... ..... (
Nancy H. Warner ~
Comm. '10~lM6
'Nf'fPUalC
WW..COUNrY
c... ........Iuno24.1_..
.. .
WITNESS my hand and official seal.
~ru'Atl.rii t1)~
SIGNATURE OF NOTARY
.
OPTIONAL
Though the data beiow is not required by law, it may prove valuable to persons relying on the document and could prevent
frauduient reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SiGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184
.. . ~ ..
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1250
Executed this
/6/ day of ---.d.t ~ I.J.U.. ,
OWNER:
, 19..$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.
.'
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EXHIBIT /18/1
.253
EXISTING
PUBLIC SEWER EASEMENT
PER F/P #91-0396307
----.s-- N 86'44'00.
30' W
I 176.00' \-+-
1
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1 - -
60.67'
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I PROPOSED PUBLIC II')
1 - ....
3 '" SEWER EASEMENT
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21 ....
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I SCALE: 1" = 20'
SUBDIVISION BOUNDARY
352.9,02
~ :.~.D;~~c;.,..~EERIHG.INC.
9J _"'00\._
--
CIVil. E_U1IIHG . PI.AHNlNG
LAND SURvn'ORS
,/",
.' . .
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.
-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)
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-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
.
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.
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___