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1999-4837032'944 Recording Requested by: Cardiff Sanitation District When Recorded, Mail to: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District DOE SPACE A~ USE ONL5 OFFICI~ RECORDS DIEGO COUNTY RECORDER'S OFFICE GEGORY J. ~ITH, COL~T¥ RECORDER 5tS: 0.00 1999-0483703 SEWER EASEMENT Assessor's Parcel No. 260-081-6? Project TPM 98-119 W.O. No. DCS 298 DONALD E. CROTTY and SUSAN J. REDPATH, Husband and Wife as joint tenants, 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, t6gether 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) 2945 See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference. The Grantors may, aG 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 day of ~P~-' = , 19 ~ OWNER: By: By: [Signature of OWNER must be notarized. BK/csewer.doc (08-17-98) DONALD E. CROTTY SUSkN J .~R~DP~TH % Attach the appropriate acknowledgement] .. 29," CALIFORNIA ALL-PURP~..~ ACKNOWLEDGMENT No. 5907 State of County of before me, NAME, TITLE OF OFFICER - E.G., "JAI~E DOE, NOTARY~PUBLIC" ' On A~4,1 I . I DATE ' personally appeared ~,~,l~ ~. d_.~,z:)Tt'~ ~- ,...~u'5~r~ ~ /~e.~p~'l'~ , ! NAME(S) OF SIGNER(S) J~ 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 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY TERESA RENE DAVIS 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 [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 2947 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: Alan D~ Archibald, P.E. District Engineer Cardiff Sanitation District 2948 EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR SEWERLINE PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY 15.00 FEET OF PARCEL 1 OF PARCEL MAP 16615, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 2949 2950 Loan #: 4957246-591 Consent of Lienholder Norwest Mortgage, Inc. a California Corporation CLienholder"), hereby consents to the grant of the foregoing Sewer Easement dated April 1, 1999, by Donald E. Crotty and Susan J. Redpath, and Cardifff Sanitation District, and joins in the execution hereof solely as Lienholder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non- judicial proceedings, the same shall be sold subject to said Sewer Easement. Signed and Executed this 16th day of April, 1999. Norwest Mortgage, Inc. By: ~ fi---//~ Sandra E. Potter/Vice President State of Maryland County of Frederick Before Me, the undersigned authority, on this day personally appeared Sandra E. Potter, Vice President of Norwest Mortgage, Inc., a California Corporation, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the said corporation. Given under my hand and seal of office this 16th day of April, 1999. My commission expires: 295! ' 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