1999-350898Recording Requested by:
Cardiff Sanitation District
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
,4005
1 -03508 8
05ICll Ea]PJ~
~ ~I£~0 COL~ Ea]~ER'S OFFICE
C~EEiEY J. ~ilTH, ~ EEEER
FES: 0.00
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For~he benefit of the District ) SPACE ABOVE
?07~%~~i'" , , USE ONLY
~,'uu SEWER EASEMENT
Assessor's Parcel
No. 264-241-13
2
FOR RECORDER' S
Project TM 97-219 (phase I)
W.O. No. 5794-FM
Christopher S. Lloyd, a married man, as his sole and separate
property and Gregory Cleary, a married man, as his sole and
separate property
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 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:
BK/csewer.doc (08-17-98)
4006
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 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.
Executed this
OWNER:
By:
By:
BK/csewer.doc (08-17-98)
400',
(2ALIFORNIA ALL-PURP~_~ ACKNOWLEDGMENT
State of
County
personally appeared
ll~/personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person~D
whose name010 is/~m subscribed to the within instrument
and acknowledged to me that h~ executed the
same in his/he~li,m~-authorized capacity(k~), and that by
his, iher~m~ signature{~l~ on the instrument the person(s),
or the entity upon behalf of which the person{l{) acted,
executed the instrument.
. WITNESS m~y~be~ ~1 official seal.
OPTIONAL --
Though the information below ~s not required by law, it may prove valuable to pe~ons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
'Rue or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
[] individual
[] Corporate Officer
Title(s):
[] Partner- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other.
Signer Is Representing:
Top of thumb here
Signer's Name:
[] Individual
[] Corporate Officer
'RUe(s):
[] Attomey-in-Fact
[] Trustee
0 Guardian or Conservator
[] Other:.
Partner -- [] Limited [] General
Signer Is Representing:
Top ot thumb here
1994 National Notarf Association · 6236 Remmel Ave., P.O. Box 7164 · Canoga Park. CA 91309-7184 Prod. No. 5907 ~ CaJl Tog-Free 1-800-876-6827
4008
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stat,, of
On(~'~" / /'~o,~ ~~ bef°reme'~)~,~-~'~/'~/O~~,~,~5'N~~~'~/"-~(~
personally appeared ~K~~
D pemonally known to me - OR~oved to me on the basis o~sfa~o~ evidence to ~ the person(s)
whose name(s~e sub~db~ the within instrument
and aC~dged to me tha~~hey ex~uted the
............................. ~i~h~er~heir authodz~ c~aci~(ies), and ~at by
~ ~ OFFICIAL SEAL ~ ~r/their signature(s) on the instrument the person(s),
~[~~. ~ANDA G. MILLJOUR ~ or the enti~ upon behalf of which the person(s) acted,
t ~7 UOMM. NO. ]~2~ ~ execut~ the instrument.
~ ~~/ SAN DIEGO COUN~
~ MYCOMM EXP
~ ..... ~ ............... J~ ~_~ WITNESS my hand and offidal seal.
~h ~e info~ati~ ~low is not ~uired by la~ ~ ~y p~ v~uable to pe~s ~ng ~ ~ ~ment ~ ~uld prevent
fraudu~nt removal a~ ma~a~ment of ~is fo~ to ~o~er ~L
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner -- [] Limited [] General
[] Atlomey-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[]
[] Attomey-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Partner -- [] Limited [] General
Signer Is Representing:
Top of thumb here
1994 Natiortal Not'ar/Association · 8236 Remme! Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reocdef: Ca~ Toll-Free 1-800-876-6827
4009
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.
Alan D. Archibald, P~E.
District Engineer
Cardiff Sanitation District
4010 -
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned desire to have the Deed of Trust
recorded 8/30/90 as File/Page No. 90-474480 O.R. , and modified
by agreement recorded 10/30/92 as File/Page No.
92-0694799 O.R. , and modified by agreement recorded 2/22/94
as File/Page No. 94-0117932 O.R. , subordinated to Grant of
Easement for Sewer required as condition of approval of TM 97-219
(Phase 1) ("DOCUMENt' hereinafter);
of the same extent as
said Deed of Trust.
DATED
Now, therefore, the valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby
waves the priority of said Deed of Trust in favor of said DOCUMENT
~__had been executed prior to
By: RST CHOICE FORECLOSURE SERVICF~
Title:
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
DATE: BY:
ssl-subl .doc
4011
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On 0z]/19/99
Date
personally appeared
:~,~ proved
~ ~L,~ DANTE C CAULEY
--- ."~ CON' ~ 1059281
~-~ ' ~' ]- ~'"a P~ '--Ca fornia
before me, DANIEL H. MCCAULEY ,
Name a.,xl r~le of Officer (e.g., 'Jane D~e, N(Xary Pub~")
JENNIFER MCCAULEY
Name(s) of ,~j~s)
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/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.
WITNESS my hand and offi~cial seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to per~ons relyfng on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: SUBORDINATION AGREEMENT
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
NONE
Capacity(les) Claimed by Signer(s)
Signer's Name: __
[] Individual
I-I Corporate Officer
T'me(s):
CI Partner -- 1-1 Limited [] General
[] Attomey-in-Fact
[] Trustee
I-I Guardian or Conservator
[] Other.
Signer Is Representing:
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner'-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
0 lg94 Nm~n~l Na~y Assodation * 8236 ~ Ave.. P.O. Box 7184 · Cmnoga Pad(. CA 91309-7184 Pm¢l. No. 5g07 Fleordec ~ Tcgl-Free 1-800-876-6827
4012
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 to the foregoing Subordination Agreement and consents to recordation thereof
by its duly authorized officer.
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
EXHIBIT ~' ~-~
3
L4EOG~L DESCRIPTION
PUBLIC SEWER EASEMENT
An easement 10.00 feet wide for public sewer purposes over a portion of Lot 4 of TM 97-
219 (Phase 1), said lot being a portion of the lot designated as Remainder Parcel of Map
No. 13566, in the City of Encinitas, County of San Diego, State of California, according to
Map thereof No. 13566, filed in the Office of the County Recorder of San Diego County on
April 22, 1996, said sewer easement described as follows:
Commencing at a point on the centerline of Double LL Ranch Road, whence the
intersection of the centerlines of Double LL Ranch Road and Lone Jack Road bears South
69039'35'' West 584.10 feet;
thence North 10020'00'' West 12.56 feet to the Point of Beginning;
thence North 10o20'00'' West 41.02 feet to the beginning of a tangent 200.00 foot radius
curve, concave East;
thence along said curve through a central angle of 14°43'31" a distance of 51.40 feet;
thence North 4°23'31'' East 327.23 feet to the beginning of a tangent 200.00 foot radius
curve, concave Southwest;
thence along said curve through a central angle of 78057'44'' a distance of 275.63 feet;
thence North 74°34'13" West 300.60 feet;
thence South 15°25'47'' West 10.00 feet;
thence South 74°34'13'' East 300.60 feet to the beginning of a tangent 190.00 foot radius
curve, concave Southwest;
thence along said curve through a central angle of 78°57'44'' a distance of 261.85 feet;
thence South 4°23'31'' West 327.23 feet to the beginning of a tangent 210.00 foot radius
curve, concave East;
thence along said curve through a central angle of 14°43'31'' a distance of 53.97 feet;
thence South 10°20'00'' East 42.34 feet;
thence North 72°09'43'' East 10.09 feet to the Point of Beginning.
This legal description was prepared by Jon Blake, PLS 4368 on April 15, 1999.
Jon Blake PLS 4368
Expires 9/30/01
ssl-esmb.doc
S7~ ,
PARCEL
EXHIBIT 'B'
4014
97-219
F)l I ^
r-lf-~o £_
PHASE 1
SUBDIVISION
LIMIT
10' SEWER V
EASEMENT ,~.~
iX/iA P
LOT 4
TM 97-219
PHASE 1
1356.6
I0' SEWER
EASEMENT
'r--. LOT 3
·
TM 97-2
DOUBLE LL RANCH
80' 40' 0 80' ROAD - PHASE 1
SUBDIVISION LIMIT
SCALE: 1"=80'
POINT OF
BEGINNING
Conway & Associates, Inc. Telephone (760)753-1453 SHEET