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1999-791075 ,. . . . 1111111111111111111111 ~ jQQQ.07Qj075 JI ";'. .. Recording Requested by: Cardiff Sanitation District ) ) ) 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 ~ 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 . . 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 . 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 I . 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 : . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .1565 Stale of CALIFORNIA County of SAN JOAQUIN On 1}/9;(~~, '1999 - 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 . .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 . .' . . 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 . . . .68 EXHIBIT "B" EASEMENT PLAT CARDIFF SANITATION DISTRICT CJ SCALE 1" = 60' EXISTING 60' PRIVATE ROAD EASEMENT !::5' PROPOSED PUBLIC SEWER EASEMENT ,/" ---. "- 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