2000-299906 I
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Reco.rding Requested by: )
Cardiif Sanitation District ) Jurs 0°a~ w 2000 1.. .-5,-P`, E::°~''N
)
when Recorded, Mail to : ) aFFICIAL RECORllS
D i s t r i c t C 1 e rk ) SAN DIEGO COUNT'( RFCaRDFh' S(JF'FICF
~~t~at~~°n sth~;i.,~<~,~~~~~ ) C('EGfJ(~Y J. SPirTN, COUNTY h'ECORI]ER
505 South Vulcan Avenue ) FEES: OoQO
Encinitas, CA 92024 ) aC: NA
For the benefit of the District ) SPACE
USE ON 1
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SEWER EASEMENT - 2000-0299906
Assessor's Parcel Project No. CS 222
No. 264-27-13 W. O. No. DCS 222
Philip G. Decaxion, Trustee of the Decarion Living Trust
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:
SCANNED
:
#
. ~See Exhibit "A" and Exhibit "B° attached hereto and made a part
hereor 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 'O day of C3A-P , 2000. '
OWNER s
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By :
~
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
CALiF0RN1A ALL•PURPOSf ';CKNOINLEDGNIENT
5tate of
County of (o ~
On zoo before me, A 14 d I 011I A,) 1PP .l 1~1T'4-D pU/~(JL ~
p Nan» and Title d OfNar (s.g, :lanwO". No Pu6ik')
personally appeared kd,4-,PM,f 1
Nam.ls► a si~t~
Js~ersonally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrumerrt
and acknowledged to me that helshe/they executed the
same in his/herltheir authorized capacity(ies), and that by
NANGY H. WARNER hisJhedtheir signature(s) on the instrument the person(s).
commission # 1189307 or the entity upon behalf of which the person(s) acted,
Notc~r public - Califomia ~ the insdvmeM.
Urange County
My Comm. Ecpires Jul 6, 20p2
• WITNESS my hand and official seal.
-amowy P
svmw" OPT/ONAL
nmugon uhe innvrnratlon nelow is,w► reqwred by law, it mar prvvs vakiaWs ro persons,elyjig on Ms aocumenr and aourd prevenr
Iraud►der►t isnwval and isaffachment ol dNs /am b snorher dbcvmeft
Description of Attached Docurnent
Title or Type of Documenr '
Oocument Date• Number of Pages:
Signer(s) Other Than Named Above:
Capacifiy(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual O individual
❑ Corporate Officer 0 Corporate Oificer
liNe(s): '17tte(S);
O ParMer - O Umited 0 Generai ❑ Partner - 0 Umited ❑ General
O Attomey-in-Fact D Attomey-in-Fact
❑ Trustee O Trustee
O Guardian or Conservator . O Guardian or Conservator . `p Other: Top ot tMmb here O Other. rop or mnvib nera
Signer is Representing: Signer Is Representing:
0 11994 Natlonal No1ary Assoeiolion • 9236 Remmel Ave„ P.O. Box 7104 • Gnoga Park, CA 91309•7184 : Prod. No. 5907 Reorder: Call Tdl•Free1•00-E76-61127 '
7~ .
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 :
v
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of
Trust recorded Nov. 14, 1982 as file/page No.82-341140
subordinated to Easement For Access and Maintenance of Public
Se1wers ("DOCUMENT" hereinafter) Required
~df for Dwa # CS222 ; City of Encinitas;
Now, theretore, 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.
April 24, 2000 Encinitas Union 8chool District
DATED BENEFICIARY OR TRUSTEE
By:
- N4~1_1
Sharon R. South
Title: Chief Financial Officer
DATED BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
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CALOFORNIA ALL-PURPOi _ ACKNOWLEDGMENT ( . .
State of California ~
Cowty of San Diego
On April 24, 2000 before me, Sheryl Gillespie, Notary, Public '
DsN Nam and Ti" d Offlea (a.g.. Jaft Ow. Nohry Public')
personally appeared Sharon R. south _
Nwm(y a sq"s)
❑ personally known to me - OR - O 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
- -.,-.i his/her/their signature(s) on the instrument the person(s).
E70oZ'LoGamxcbG 'U111O:) Aw or the entity upon behalf of which the person(s) acted,
Atuna:) oBqa ubS executed the instrument.
~ q=1111OZ) - oilqnd AIoIoN
IEZ"ZI # uoiniwwoo
31dS31110 U.H3HS WITNESS my hand and offidai seal.
sg~.N. a iZWV Pueft
OPTIONAL
Though rhe inlormatlon be/ow is not required by /aw, it may provs vaNiab/s to persans re4ft an the dxvment and could preve►K
haudiufent ismoval arM ieaBachmertt of dris lam b anofher documenL
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Abuve:
Capacity(ies) Ciaimed by Signer(s)
Signer's Name: Signer's Name:
D lndividual O Individual
O Corporate Officer O Corporate Officer
rdle(g): rtie(s):
❑ Partner - O Limited ❑ Generai ❑ Partner - 0 Umited ❑ General
❑ Attomey-in-Fact D Attomey-in-Fact
O Trustee O Trustee
O Guardian or Conservator . O Guardian or Conservator .
❑ Qther Top of thumb here ❑ Qthgr Top of thumb here
Signer Is Representing: Signer Is Representing:
O 1994 Nalional Notary Associalion • 0236 FiemmH Ave., P.O. BoR 7104 • Canoga Park, CA 9 t309•7184 Prod. No. 6907 Reorder. Call Tdl•Frat 1•800•976-s27 '
I cer°tify that on behalf of the Cardiff Sanitation District
pursuant to authority conferred by Resolution of the Board
adopted March 20, 1979, that the Cardiff Sanitation District
consents to the making of the foregoing Subordination Agreement
and consents to recordation thereof by its dul a tho ized
officer.
✓ ~ ~ ,
Dated: V ~ By: •
Alan o Archibald, P.E.
District Engirieer
Cardiff Sanitation District
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. SUBORDINATION AGREEMENT
Whereas, those narties concerned, desire to have the.Deed of
Trust recorded Sept. 2,1982 as f ile/page No.82-272624
subordinated to Easement For Access and Maintenance of Public
Sewers ("DOCUMENT" hereinafter) Required
for Dwg. C5222 ; 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.
kl
-'1/ ~/o0 .
DATED BENEFICIARY OR TRUSTEE
By,
Stephen G. Ma
Title : Director, Facilities Planning
DATED BENEFICIARY OR TRUSTEE
By.
Title.
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
CALIFORNIA ALL-PURP05E ACKNOWLEDGMENT
,
State of a County of 5ax, -Di
On o~4 'a _W~ before me, `.Joan n~• I~-~Cll'V~ ~ j~~1~ ~~i G
Dah Nsma and Titla d Ofliar (e.g.,'Jarw , NWary PuWic')
personally appeared ~ ~ ~ ket
,
Name(s) a sfy"s)
XOrsonally known to me - OR - O 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/hedtheir 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,
JOANN M. REDMAN eXeCllt@d th6 inStRJR1@flt.
Commissiqn # 1169424
Z_~~ , Notary Public - Califomtp ~ WITNESS my hand and oKcial seal.
~ Son D1ego County
My Comm. Expires Feb 6, 2U02 92LMf y' I ka 4M,Q_4~
sipnatun ol Nomry P~hNa
OPTIONAL
Though 1he inlormatlat below is not requlred by /aw, it may prove Vahrab/e to pwsons relylig on Me docvment and onuJd prewnf
. haudulent removal arrd reatfachment ol tlris fam ro another dwxrment
Description of Attached Document ,
Title or Type of Document:
Document Date: q- aL1 rUb Number of Pages: S
Signer(s) Other Than Named Above:
Capacity(ies) Clairned by Signer(s)
Signer's Name: Signer's Name:
❑ Individual . O Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner - O Limited ❑ General ❑ Partner - O Limited ❑ Generai
O Aitomey-in-Fact D Attomey-in-Fact
O Trustee ❑ Trustee
O Guardian or Conservator . O Guardian or Conservator .
O Other: Top ol lhumb here ❑ Othgr Top of thumb here
Signer is Representing: Signer Is Representing:
0 1994 National Nolary Assaialion • 8236 Remmel Ave., P.O. Box 718I • Canoga Park, CA 91309-71 B4 Prod. No. 5907 Reader. Call Tdl•Free 1-800-876-927
, GOVERNMENT CODE SECTION 27281 ~
This is to certify on behalf the Cardiff Sanitation District,
pursuant to authority by Resolutiori 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 . 5~ 6 -06
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By. W./w ' c
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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SDE 4224.00
April 17, 2000 ~
EXHIBIT "A"
LEGAL DESCRIPTION
! SEWER EASEMENT
THAT PORTION PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED, DECEMBER 5, 1997 AS
DOCUMENT NO. 1997-0614690 OF OFFICIAL RECORDS, BEING PARCEL 4 OF PARCEL MAP NO. 12666,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14, 1983, AND OF PARCELS 3 AND 4 OF
PARCEL MAP NO. 1918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 20, 1973, AND OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP
13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS:
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A STRIP OF LAND, 15.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP NO. 12666,
BEING A POINT ON THE ARC OF A 390.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
i RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°5841" EAST; THENCE SOUTHWESTERLY
i ALONG THE ARC OF SAID CURVE 157.19 FEET THROUGH A CENTRAL ANGLE OF 23°05'38"; THENCE
NON-TANGENT TO SAID CURVE SOUTH 64°05'39" WEST, 110.96 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 70°56'28" EAST, 241.75 FEET; THENCE SOUTH 72°03'44" EAST, 235.68
FEET; THENCE SOUTH 72°20'50" EAST, 244.88 FEET; THENCE SOUTH 73°36'21" EAST, 291.85 FEET TO
THE BEGINNING OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 51 °49'S7" WEST; THENCE SOUTHEASTERLY AND
I~ EASTERLY ALONG THE ARC OF SAID CURVE 110.45 FEET THROUGH A CENTRAL ANGLE OF 31 °38'26";
THENCE SOUTH 69°48'30" EAST, 238.13 FEET; THENCE SOUTH 68°5829" EAST, 171.90 FEET; THENCE
SOUTH 21 001'31" WEST, 66.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE
~ SOUTHWESTERLY ON THE NORTHWESTERLY LINE OF SAID PARCEL 4 OF PARCEL MAP NO. 12666.
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