2000-299907 (2) I
5334 ~
a~ ~000-°0~~~ ~ ~
, l?ecording~ Requested by ) JL.I 8.i 0e--~ 2000 1m 55 Pt„''h
v,@4% ~,~~:~a~~3~~~~~~~~;,~
when Recorded, Mail to : ~ OF'FT.CIAL ~`ECO~DS
D i s t r i c t C 1 e rk ~ 5RN DTEGD CpUPlTY CikCORDEf~' SOF'FICE'
[iREG(]RY J. SMITHq COUNTY RECORDER
Cardiff Sanitation District FEES; OeQG
505 South Vulcan Avenue OC, NA
Encinitas, CA 92024 )
For the benefit of the District ) SPACE ABJFOR R '
USE ONLY i ~
SEWER ACCESS EASEMENT 2000-0299907
Assessor's Parcel Project No. CS 222
No . 264-27-13 W. O. No. DCS 222
Philip G. Decarion, Trustee of the Decarion Living Trust
hereinafter designated Grantor(s)e 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 access as required 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 a d to use the same in such manner and at such locations as
said ~.rantee may deem proper, needful or necessary to obtain
access as needed in the construction, reconstruction and
maintenance of said sewer lines or structures incidental thereto.
To have and to hold said access 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
, \ - 533 5
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 thereori,
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. I
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.
~
Executed this day of , 2000.
OWNER:
\
By e ~~~~~i!• ~I/~S i t'-+~
BY.
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
GOVERNMENT CODE SECTION 27281
. ~i
~CAL /
, IA ALL-PURPOS.. ~`3ACKNOWLEDGMENT .
IFORN ,
State of 0_AJF6&) l,7+
Cowty of M4A1(bP_
On before me~ AOBrUl ~~WkV6L
DaN ~ ^Nim~ and Ttl~ d OfNa► (s.g.,'lanw Ow, ►Mfary bhc')
personaliy appeared 9. ~
Name(s) d Sfy-1511 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 subscdbed to the within instrument
and acknowiedged to me that helshe/they executed the
~a--101116~ same in his/hedtheir authorized capacity(ies), and that by
NANCY H. WARPJER hisJhedtheir signature(s) on the instrument the person(s),
Cpmmissiqn # 118930
z @My Notary Public - Califcxnlai or the entity upon behalf of which the person(s) acted,
C?range Couniy executed the ir~ument.
Comm, Expires Jul 6,2002
w"W" ITNESS my hand and official seal.
s+~n.n~. a nod,i, P„eNe
opnon►ac
Though the in/ortnaofon be/ow is not requied by /aw. it may provs ~'raAuabfs to persons re'yft on the dxument and could p►ev"
. lraudulent removal and reaBacfiment ol d►is /am b anothei doaiment
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
II Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer p Corporate Oificer
Tdle(s): rne(s):
I ❑ Partner - O Limited 0 General ❑ PaNner - O Limited ❑ Generat
• Attomey-in-Fact ❑ Attomey-in-Fact
• Trustee O Trustee
O Guardian or Conservator . D Guardian or Conservator .
O Other. rap ot ►n„R,b nere D Other. rop of n,umn nere
Signer is Representing: Signer Is Representing:
0 1994 National Nolary Assoeiaqon • 8236 Remmel Ave., P.O. Box 7104 - Canoga Park, CA 91309-71 B4 Prod. No. 5907 Reorder. Call Tdl•Free 1-800-876-6iE7 '
~ 533~
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: (g ~
By. 14~
- Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
/ .
_ c 5338;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 Acceas and Maintenance of Public
Sewers ("DOCUMENT" hereinafter) Required
"Q;L for Dwg # CS222 ; 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.
April 24, 2000 Encinitas Union School District
DATED BENEFICIARY OR TRUSTEE
By:
Sharon R. South
Title . Chief Financial Officer
I
I,
DATED BENEFICIARY OR TRUSTEE
i
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
' .
CALIFORNIA ALL-PURPOSf ZCKNOWLEDGMENT
Stete of California
COUnty of San Diego
On April 24, 2000 before me, Sheryl Gillespie, Notary Public
DaM Nwm and Title d Oflica (ag., Jam 000. No" puW)
personaliy appeared Sharon R. south .
Narnelsl a soa►(s)
0 personally known to me - OR - 0 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 acknowiedged to me that hee/sheAhey executed the
same in his/hedtheir authorized capaclty(ies), and that by
his/her/their signature(s) on the instrument the person(s),
SHERYL GILLESPIE
Commission # 1244231 or the entity upon behalf of which the Person(s) acted,
~ Notary Public - Califomia z executed the i►sWmBM.
San Diego Caunfy
My Comm. rxpkes Doc z, MM WITNESS my hand and oificial seal.
~"Illip ilip RIP'W
z
OPTIONAL
mongh rne IMa►,iatlan below is na reqwned br law, it may pvvvs vakraWs to pmam refying on fhs c►oanrmW end oada prevsnr
. Iraudt,renr.emoval and reaKachmenr ol aNs rom to enon,er aoaunern
Description of Attached Document
Title or Type of Documenr
Oocument Date: Number of Pages:
.
Stgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
,
O Individual 0 Individual
O Corporate Otftcer O Corporate Officer
Tide(s): Tine(s):
O Partner - Umited Gener
~ ❑ ai fJ Partner -
❑ Umited ❑ Generat
❑ Attomey-in-Fact ❑ Attomey-in-Fact
0 Trustee O Trustee
D Guardian or Conservator . O Guardian or Conservator .
❑ Other: rOP oi mu,+b nere p Other. rop of n,umn nere
~
Signer Is Representing: Signer Is Representing:
l ,
,
~
O 1994 National No1aryqssocr+tion • 9236 Remmel Avs., P.O. Bos 7184 • Gnoga Park, CA 91309-71 B4 Prod. No. 5907 Reorder. Call Tdl•Frn 1•800•87&l7 '
i
~,534~, .
I, certify 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 the of by its duly authorized
officer.
Dated: By:
Alan D. Archiba , P.E.
District Engineer
Cardiff Sanitation District
_ ` . " .
034
, SUBORDINATION AGREEMENT
Whereas, those parties concerried, desire to have the Deed_of _
Trust recorded Sept.` 2, 1982= as f ile/page No.$2=272624 ~
subordinated to Easement For Access and Maintenance of Public
Sewers ("DOCUMENT" hereinafter) Required pp~,q/v*
for Dwq. CS222 , 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.
*<12 41/6 0 DATED BENEFICIARY OR TRUSTEE
By.
Stephen G. Ma
Title e Dlrector, Facilities Planning
DATED BENEFICIARY OR TRUSTEE
By:
Title.
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
CAE.IFORNIA ALL•PURPOS6- ACKNOWLEDGMENT 517
,
~Q,Q, ~ r n IC~- .
State of
Cowty of SaAk
On C~00 before me, J oa►~ n 1~1. ~P~VY14L,{'1 ~j~"A. ~(I~- oa~. rr~m..~a ra. a om~ ~aa M-,
personally appeared f L-ee~n
Name(y d Sly"s)
)3ibrsonally known to me - OR - O proved to ine 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 heJshelthey executed the
same in his/hedtheir authorized capacity(ies), and that by
hislhedtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument
JOANNM. REDMAN
Commission # 1169424 z yyITNESS my hand and oWiaal seal.
L} o~ ~ Notary Pubiic - Cnlifornia 31
z San Qiego County
My Comm, Expires Feb 6, 2002 ~/a srgwim a Nw" PuW
opnoNaL
11►ough fhe in/omratlan be/ow is no1 reqLiired by /aw, if may prove vahiaWe to pmons reJying on Cm document end cvWd prev"
. Iraudulent iemova/ and roaftachment o/ dris lam b anoEher dowment
Description of Attached Document
,~-i~x ~
Title or Type of Document: ~'kbD rd-l rta Document Date: Number of Pages: ~ ijogo
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual O Individual
O Corporate Officer ❑ Corporate Ofiicer
Tdle(s): Title(s):
❑ ParMer - 0 Limited O General O Partner - O Umited ❑ General
❑ Attomey-in-Fact 0 Attomey-in-Fact
❑ Trustee O Trustee
' ❑ Guardian or Conservaror . O Guardian or Conservator .
❑ Qther Top of thumb here ❑ Other. Top of ihumb here
~
; Signer is Representing: Signer Is Representing:
~
I I
~
;
D 1994 National Natary AssoeiaUon • 8235 Remmel Ave.. P.O. Box 7194 • Canoga Park, CA 91309-71 84 Prod. No. 5907 Reader. Call Tdl•Fres1•800-976-627 '
~ J 3(
43
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.
v
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
;)3 4 4 LANO s ,
SDE 4224.00
April 17, 2000 ~
D
. *
EXHIBIT "A"
LEGAL DESCRIPTION OF C
SEWER ACCESS EASEMENT NO. 2
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, GOUNTY 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 W
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:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP
NO. 12666, BEING A POINT ON THE ARC A 390.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°58141"
EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 15.44 FEET
THROUGH A CENTRAL ANGLE OF 2016'06" TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 49.50 FEET, A RADIAL LINE
THROUGH BEARS SOUTH 85039'17" WEST; THENCE SOUTHERLY AND SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 44.83 FEET THROUGH A CENTRAL
ANGLE OF 51 °53'43"; THENCE SOUTH 56°14'26" EAST 85.22 FEET TO THE BEGINNING OF
A TANGENT 503.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 28.11 FEET THROUGH A CENTRAL
ANGLE OF 3011'56" TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
36°57'30" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 9.58 FEET
THROUGH A CENTRAL ANGLE OF 13°43'40" TO THE BEGINNING OF A COMFOUND 350.00
FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 23°13'49" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE
ARC OF SAID CURVE 30.02 FEET THROUGH A CENTRAL ANGLE OF 4°54'51"; THENCE
SOUTH 71 °41'01" EAST, 26.90 FEET TO THE BEGINNING OF A NON-TANGENT 70.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 39035'00" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
84.36 FEET THROUGH A CENTRAL ANGLE OF 69°03'40"; THENCE SOUTH 60°31'50" EAST,
12.76 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 10.16 FEET THROUGH A
CENTRAL ANGLE OF 11°38'18"; THENCE SOUTH 72°10'08" EAST, 175.77 FEET TO THE
BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE ALONG THE ARC OF SAID CURVE 15.37 FEET THROUGH A CENTRAL ANGLE OF
12°34'38'; THENCE SOUTH 84°44'46" EAST, 37.48 FEET TO THE BEGINNING OF A
TANGENT 90.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC
OF SAID CURVE 19.76 FEET THROUGH A CENTRAL ANGLE OF 12°34'38' ; THENCE SOUTH
72°10'08" EAST, 185.78 FEET; TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.98
FEET THROUGH A CENTRAL ANGLE OF 90°00'00' ; THENCE NORTH 17°49'52" EAST, 22.00
FEET; THENCE SOUTH 72°10'08" EAST, 20.00 FEET; THENCE SOUTH 17°49'52" WEST,
22,00 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE
U:\t dala\surveys\4224Uegallsew access esmnt 2.doc 1
I
5345
` NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.98 FEET THROUGH A
CENTRAL ANGLE OF 90°00'OQ'; THENCE SOUTH 72°10'08" EAST, 22.00 FEET; THENCE
SOUTH 17°4952" WEST, 20.00 FEET; THENCE NORTH 72°10'08" WEST, 283J8 FEET; TO
THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE 15.37 FEET THROUGH A CENTRAL ANGLE OF
12°34'38"; THENCE NORTH 84°44'46" WEST, 37.48 FEET TO THE BEGINNING OF A
TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE
ARC OF SAID CURVE 19.76 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE
NORTH 72°10'08" WEST, 175.77 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE
14.22 FEET THROUGH A CENTRAL ANGLE OF 11 038'18"; THENCE NORTH 60°31'50" WEST,
12.76 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 46.32 FEET THROUGH A
CENTRAL ANGtE OF 53°04'58'; THENCE NON-TANGENT TO SAID CURVE NORTH
71 °41'01" WEST, 25,89 FEET TO THE TRUE POINT OF BEGINNING.
U:\1 datalsurveys\4224Uegal\sew access esmnt 2.doc 2
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