1999-791075
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jQQQ.07Qj075
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Recording Requested by:
Cardiff Sanitation District
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)
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When Recorded, Mail to: )
Clerk of the Board )
Cardiff Sanitation District )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District )
if
II Assessor's Parcel
~'\ No. 264-101-24
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DOC , 1999-0791075
Dee 03,
1999 8:43
AM
1560 IJFICIAL RElmDS
SAN DIEW lllilTY RECCW:R'S OFFICE
GRE60RY J. SMITH, C1DTY REImER
FEES: 0.00
OC: NA
SPACE ABOVE FOR RECORDER'S
USE ONLY
SEWER EASEMENT
Project No. CS 271
W.O. No. DCS 271
Beniamin J. Yarnell and Shirley G. Yarnell
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-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:
.
. 1561
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 ass~gns, 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.
't5 Ct~
Executed this ~'
day of
(], fr-J(sf
19.92..-.
OWNER:
By: ~#1.t~ ~ cr:---- (jJ
By:
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-1562
State of rft7bFJU4..)
County of -::h1-u at.go
On c;.uOO6f d5: 1m beforeme,~htJA 6:.,J:..I/.(4JtJ()<.~~ P06J..~C
-r;=-- om. ,... Md11lle at otrk:et (e.g., ...... Doli, NaWy PubIic1
personally appeared "~J..1I/J.v: ~ <J//lfliV ~ Y4RA1~i.L,
~.) 01 Slgrw(s)
o personally known to me - OR - ~ed to me on the basis of sa,*ctory evidence to be the person{s)
whose name(s) I8cJ"risUbscrtbed to the . in Instrument
and acknowle~me that helsh ecuted the
same~'n I~thorized capacity les), and that by
hlslh h nature(s) on the instrument the person{s),
or the en lty upon behalf of which the person(s) acted,
executed the instrument.
" ""~~, 1
- RANDA G. M/LLJOUR
i NOTARY PUBLlC'CALlFORNIAtl!
COMM. NO. 1204250 _
SAN DIEGO COUNTY
MY COMM. EXP. JAN, 6, 2003
WITNESS my hand and offICial seal.
~autlrv .$ ~J.~~
",-,..-
OPTIONAL
Though /he information below is not required by Ia.... It may pm... ...- to PfI/'SOfISIfIIyIng an /he document and coukJ prrwent
fraudulenl_vaI and __, of this form to another documenl
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
TllIe(s):
o Partner - 0 Limited 0 General
o Attomey-In-Fact
o Trustee
o Guardian or Conservator
o Other:
o Individual
o Corporate Officer
Title(s):
. 0 Partner - 0 Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other: Top of lf1umb here
Signer Is Representing:
Signer Is Representing:
o 1994 NaIlon~NoIaryAuoc:i8tlon -8231 ~Ave., P.O. Box 71B4 . c.noga Part!;, CA9t3Ot-7184
Prod. No. 5907
Reotder: c.II Toll-Free 1-800-878-6827
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1563
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: 11..23 ~q 1
By, ~ ~}J~
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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164
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of
Trust recorded March 31, 1998 as file/page No. 1998017901]
subordinated to Easement For Access and Maintenance of Public
Sewers ("DOCUMENT" 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.
loj" /~lf
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DATED
WASHINGTON MUTUAL BANK. FA
BENEFICIARY OR TRUSTEE
By:
mAo,,@1J'J-
Title: Vice President
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
I ',. ,r : .
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.1565
Stale of CALIFORNIA
County of SAN JOAQUIN
On 1}/9;(~~, '1999
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before me. Debbie A. Brand, Notary Public
NIme and 1lIIt 01 0fIIcer (e.g., ....... Doe, Notwy Public:'")
personally appeared F.l 1 en F. .
T,nT~n~_ Vire PTe~irlpn~
_0)01_.)
i{l personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso~
whose name,(8flsl!lW'subscribed to the within Instrument
and acknowledged to me that j:l@rfsh~executed the
same in}liMler/tl:leif"authorized capaclty(jMf, and that by
!Jia'I1erf!belf'signatur~n the instrument the perso~
or the entity upon behalf of which the person.(aYacted,
executed the instrument.
DEBBIE A. BRAND ~
COMM. # 1203855 CO)
. NOTARY P\lBUC.cAUFllRNIAO
SAN JOAQUIN COUNTY ..
COMIL 1lCP. OEC. 3, 2OIl2
OPTIONAL
TllOfJI1Ir /he Infotmatlon below is not required by law,./I may ptOV8 valuable to __ fBIyfng on /he document snd could prevent
fraudulent remoVlll and flJ/Jrtachmanr 01 rhis 101m to IUIOIIIar documenI.
Description of Attached Document
TIlle or Type of Document:
Document Date:
Number of Pages:
Slgnsr(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Slgnsr's Name:
Signer's Name:
o Individual
o Corporate Officer
TllIe(s):
o Psrtner - 0 Limited 0 General
o Anomey-In-Fact
o Trustee
o Guardian or Conservator
o Other:
o Individual
o Corporate Officer
TIlIe(s):
o Partner - 0 Umited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Signer Is Representing:
01994 National Notal'yAuocfatlon. 8238 F1ernme1l4.ve.. P.O. 8oJl7184. Canoga Pant, CA 91309.7184
Prod. No. 5907
Reorder. CaW ToIl-F,.. 1-800-878-6827
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.1566
GOVERNMENT CODE SECTION 27281
This is to certify on behalf the Cardiff Sanitation District,
pursuant to authority by Resolution of the Board adopted on March
20, 1979, the Cardiff Sanitation District accepts the foregoing
Subordination Agreement and consents to recordation thereof by
its duly authorized officer.
Dated: j(. 1-'3 -q 1
By: -()J~~ i:r. (1JJJJ
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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1567
JULY 27,1999
SDE 4318
BENJAMIN J. YARNELL
SHIRLEY G. YARNELL
APN 264-101-24
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
A STRIP OF LAND, 20.00 FEET IN WIDTH LYING WITHIN THE NORTHERLY 245.00 FEET
OF THE SOUTHWEST 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, SAID STRIP OF LAND LYING
5.00 FEET EASTERLY OF AND 15.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID NORTHERLY 245.00 FEET
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89047'57" EAST,
18.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH
6055'44" EAST, 141.27 FEET; THENCE NORTH 11039'30" EAST, 107.14 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID NORTHERLY 245.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER DISTANT
THEREON NORTH 89047'46" EAST, 52.24 FEET FROM THE NORTHWESTERLY CORNER
THEREOF.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS
TO TERMINATE SOUTHERLY ON SAID SOUTHERLY LINE OF THE NORTHERLY 245.00
FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER AND NORTHERLY ON SAID NORTHERLY LINE OF THE
NORTHERLY 245.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER.
File: surveys\4318surv\264_101_24 revd.wpd
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.68
EXHIBIT "B"
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
CJ
SCALE 1" = 60'
EXISTING 60' PRIVATE
ROAD EASEMENT
!::5' PROPOSED PUBLIC
SEWER EASEMENT
,/" ---.
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BUMANN RD, \. I
:>:
'-
N 89'47'57"E
18.22'
@ SAN DIEGurro ENGlNEERING,INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA 9202.
PHONE: (760) 753-5525
CIVIL ENGINEERING IlLANNfNG
lAND SURVEYING
UlI 2.Uo:lJtHbl
.AJllI ~UI4-uI'HI1
/
POR N 1/2 OF SW 1/4 OF
SW 1/4 OF NW 1/4 OF SEC 9.
T13S, R3W, SBM
-HI
10
~I
...J
20'
~~
~~
7
1
I
15'
5'
,
VICINITY MAP
NlJI'-lO-SCoILE
THE PROPERTY UNE DIMENSIONS
SHOWN HEREON WERE CALCULATED
FROM RECORD DATA AND TO NOT
REPRESENT A LAND SURVEY
4318plaL5.DWG, SCAlE: 1 "-60', DATE: 7/19/99
SDE 4318