2000-583819 (2) ~
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' DO~ ~ 2000-0583819 ~
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Recording Requested by: ,
Cardiff Sanitation District ; QFF'ICjqL REGpRDS i'
sAN nlEca couNrtr REGaRDER'S aFFzcc
when Recorded, Mail to : G~GCIRY J. SMITN9 COiJNTY f~ECpkUEk
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City Clerk ~ FEES~ 0p00
~ City of Encinitas ' OC: NA ~
505 South Vulcan Avenue j~AY~I
, h
Encinitas, CA 92024 i
r'U For the benef it of the City
p ~ USE ONLY
~SEWER EASEMENT
Assessor's Parael Project: DCS 054
No. 264-391-18 W.O. No. TM 4400
Barratt American Incorporated, a Delaware Corporation
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.
I The real property referred" to herein and made subject to said
~ easement and right-of-way by this grant is situated in the County
I of San Diego, State of California, and is particularly described
` as follows:
See Exhibits "A" and "B" attached hereto and made a part hereof by
this reference.
BK/hz/sewerc.doc (10-19-98)
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"CAND
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 arid assigns, that there shall not be constructed I
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.
BK/hz/sewerc.doc (10-19-98)
Executed this 8-tih day of February ~ 19 99
OWNER; Barratt America.n Incorporated, A Delaware Corp.ay. , A/4je~"~ J,
David A. Jacinto, Vice President
By.
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgment.]
I certify on behalf that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby
accepted on' behalf of its Board, pursuant to authority conferred
by Resolution of said Board adopted on March 20, 1979, Grantee
consents to the making of the foregoing Easement Dedication and
consents to recordation thereof by its duly authorized officer.
Dated : -ao
. 1~t?~X~~~~XuXXNXKX4XX
Cardiff Sanitation District
~ Alan D. Archibald, P.E.District Engineer
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BK/hz/sewerc.doc (10-19-98)
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~ ~Optional Information
State of California
County of San Diego Capacity claimed by signer(s)
❑ Individual(s)
On February 8, 1999 before me, Kelly Fralish, Notary Public, personally
appeared David A. Jacinto, personally known to me (or proved to me on ~ Corporate Vice President
the basis of satisfactory evidence) to be the person whose name is ~ Partner(s)
subscribed to the within instrument and acknowledged to me that he ❑ Attorney in Fact
executed the same in his authorized capacity, and that by his signature on ❑ Trustee(s)
the instrument the person or the entity upon behalf of which the person p Guardian/Conservator
acted, executed the instrument.
❑ Other:
WITNESS my hand and official seaL
Signer is representing:
(Name of person(s) or entity(ies))
KELLY FRALISH
t X; COMM. #1169350 ~ Barratt American Incor orated NO7ARY PUBLIC-CALIFORNIA tn
cn
V My C mlmGssionOExpires j
L JANUARY 12, 2002 ~
Kelly Fralis otary Public
Attention Notary: The information requested below is OPTTONAL. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE MUST BE Title or Type of Document: Sewer Easement
ATTACHED TO THE Number of Pages 3 Date of Document 02/08/99
DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named above
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust which
was recorded 1/22/99 as instrument No. 1999-0036159 subordinated to
Easement For Access and Maintenance- of Public Sewers ("DOCUMENT"
hereinafter) 12equired As Condition of Approval Of Resolution No. PC 88-12
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.
Bank of America>National Trust
March ll, 1999 and Savings Association, as_beneficiary
DATED BENEFICIARY OR TRUSTEE.
By:
•~"'Gerald P. Gamble
Title : Vice President
DATED BENEFICIARY OR TRUSTEE
By:
i : Titl.e _
Signature of BENEFICIARY or TRUSTE
to be notarized. Attach the
appropriate acknowledgment.
I certify on behalf to the CARDIFF SANITATION DISTRICT a political
corporation and/or governmental agency is hereby accepted on
behalf of its Board, pursuant to authority conferred by Resolution
of said Board adopted on March 20, 1979, and consents to the
~ making of the foregoing Subordination Agreement, and cons nts to
I recordation thereof by its duly au orized officer
Dated
kMEMe r
Cardiff Sanitation District
Alan D. Archibald, P.E.
District Engineer
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II BK/hz/sewerc.doc (10-19-98)
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On March 11, 1999 before me, D. K.Calvert , a Notary Public in and
for the State of California, personally appeared Gerald P. Gamble , personally
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal ~,~.,.;.,~►.r~,,,,~w.,~r
D. L cnt.vERr
~ Conmission # 1178620
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~ ~ ~ ` L~~Q~~~ ~ Nfitary Public - Cpfifotnka ~
prange Counfy
( Sig natu re) my Comm. wires ~x s, 2ooz
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SubordAcknow.Doc
EXHIBIT ' A'
LEGAL DESCRIPTION
THAT PORTION OF LOT NO. 30 OF TRACT N0. 4400, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 12780, FILED ON FEBRUARY 20,
1991, AS INSTRUMENT NO. 91-0076030, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
THE WESTERLY 20.00 FEET OF SAID LOT 30.
CONTAINING 7,974 SQ.FT., MORE OR LESS.
A.P.N. 264-391-18
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0 LS W92
EG N LD . HARV Y, JR.
P.L. . 5292 EXPIRES 12/31/19
~ EXH I BI T 'B'
15' PUBU, REL^REATIDNAL
TRAIL EASEa(L'NT
PER a(AP 12780.
:
N89'48'45"E 273.39
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- - - ~ - - - - -
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20' EX. PRIYATE
SEII'ER EASE,YENT
R!f'C. 1->6-1991
F/P. 9f-0022f22, O.R
30' O.~U. II.D. EASE.
J ~ f0%29'%197'> N ~ \
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F/P 71-247288, O.R
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28 30 , w I
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20.00' I
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~I PROPbSF.D f0'
, UTIIJTY EASIs'XENT
PER a/AP f2780.
0
B=se•4s;1o' \ ~6 1~JJ r~ ' J21 8J ~
~ R-80.00 \
BRID00 L=54.06' 6'54'277"'~R~- i
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- - ~ -PNGlNJ rME3 7rilAG7 NJ, %%JJ ~
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33 2
~ AND S
AL
Exp. 12/31 /1999
S I T E 5292 ~
La n ~
~ R
ioo o 100
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PROA'ISED PZIBLIC „ .
~ SEN'ER EASE~i/ENT SCALE: 1 =100
VICINITY MAP ~ TD CARDIFF
NTS SANIT.4TION DISTRICT
7.974 SQ.F7: SHEET 1 OF 1
LOT 30 - MAP 12780
DUDEK & ASSOC. JN 860 960EASE26.DWG