2000-299908 (2)
5347
DOC ~ 0.~029~.~908
~
Recording Requested by: )
Ca'rdif± Sanitation District ) JLjn 07~ 2000 1:55 E:=°r°1
When Recorded, Mail to : ) OFFICIAL CiECORDS
D i s t r i c t C 1 e rk ) 5AN DIEGfI COUNTY RECOfiDER' SOFFICE
o5~sou~th~vulcnvenue~~C~ f'REGQ~iY J. SMITNr COIJNTY fiECOFcDER
FEFSn 0.00
.p Encinitas, CA 92024 ) OL;: NA
I~ 1 For the benefit of the District ) SPACE ABOWSPOR RECbRDER' S
~
q~~ USE ONI:.`
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\pF SEWER ACCESS EASEMENT 2000-0299908
~
Assessor's Parcel Project No. CS 222
No. 264-27-13 W. O. No. DCS 222
Philip G. DeCar'iOn, Trustee of h_ Tkec-arinn T iVinTTrltist
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 access as required for the installation,
construction, operation, maintenance, repa' , 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 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 aacess 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
,
5
348 .
See ExYiibit "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.
~
P~'+
Executed this day of , 2000.
OWNER:
~
By : Vw5"t'C'«
~
By:
[Signature of OWNER must be notarized. Attach the,appropriate.
acknowledgement.]
GOVERNMENT CODE SECTION 27281
CALIF6RNIA ALL-PURPOt ACKNOWLEDGMENT .
State of 5349
l FD ~tll ~v~"
Cowry of C~~-~t9~aF
On 0 before me,
DaN am~ and Tift d Olliar (e.g,'J Oor, Nofyr pu
personally appeared ~&W
r►„na(y a sve,~s)
>6*9~rsonally 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 acianowledged to me that helshe/they executed the
s v - same in hislhedtheir authorized capacity(ies), and that by
~ NANCY H. WARNER hisJhedtheir signature(s) on the instrument the person(s),
Commission # 1189307 or the entity upon behalf of which the person(s) acted,
~ Notary Public - Califvmia
z Omnge Cpunty it executed the irmtrument.
0My Comm. Expires Jul 6, 2002 WITNESS my hand and offiaal seal.
s+gnawe a No" we~
opnoNac
Though Ihe lnbmratla► be/ow is no► requhed by /aw. it may prove vekiab/e to persans nelying on the davment and coWd prevent
. haudlulent renroval arM reaffachmenf ol d►is /orm to enother doament
Description of Attached Document
Tdle or Type of Document:
Document Date: Number of Pages:
Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
O Individual O individual
O Corporate Officer p Corporate Oificer
Tdle(s): Title(s):
❑ Partner - O limited ❑ General C] Partner -0 Umited ❑ Generai
❑ Attomey-in-Fact D Attomey-in-Fact
❑ TNStee O Trustee
O Guardian or Conservator .
O Guardian or Conservator . `O Other. Top of muFnb nere ❑ Other. rop ot mumb nere
Signer Is Representing: Signer Is Representing:
O 1994 National Nolary Assoeialion • 8236 Remmel Ave., P.O. Box 7104 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Tdl•Frae 1•800-6764127 '
. . ( 535() ~
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:
gy. ~
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
/
, . l
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
Sewers ("DOCUMENT" hereinaftex) Required
/df for DwrL # 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 D,2st.
DATED BENEFICIARY OR TRUSTEE
By:
Shar R. South
Chief Financial Officer
Title:
DATED BENEFICIARY OR TRUSTEE
By:
Title:
~
II Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
~ .
i
I
I
CAI . L IFORNIA ALL-PURPOS7 1CKNOWLEDG- IIAENT
~ St3te of California
County of San Diego
On April 24, 2000 before me, Sheryl Gillespie, Notary Public
oam Mam and TiW d Olllar (s.g.. JaM Ooe, NoWr pubw)
personally appearesi sharon R. south
Nwn•(s1 a sv"sl
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 instrumeM
and acknowledged to me that helsheJthey executed the
same in his/hedtheir authorized capacRy(ies), and that by
his/hedtheir signature(s) on the instrument the person(s),
sNEKYL GILLEsPiE or the entity upon behalf of which the person(s) acted,
commission # 124423t L executed the irntrumeM.
Ntstory Public - Califcxnia ~
- Stsn Dic=;;rn C`.Left)Z- , ~~tycc-~;yr~. Ex;;;,~.S 2oo3 WI TNESS rtry hand and Official Seal.
j■,~•.~~~~~._,~^~~v~~~
sqnOO.+ Pueft
OPT/ONAL
lbouyh rNe In/onnacron below is rror requirisd br law. R n►a}► prvvs vakmWe to persons,elyft a, no abciarieirt anar o=rd prevarK
lraudulent removal arM reattachment ol fhb /am b enorher dbcrrnenL
Descriptton of Attached Document
Tide or Type of Oocument•
Document Date: Number of Pages:
S(gner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: Signer's Name:
D Individuai O Individual
0 Corporate Officer p Corporate Otficer
T~ne(s): Tlde(s):
0 Partner - 0 Limited ❑ General O Parfier - 0 Umited ❑ General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
0 Trustee 0 Trustee r
O Guardia
n or Conservator O Guardian or Conservator 7hem
O Other: r~ I m~b nere p Other Signer is Representing: Signer Is Representing:
.
0 1994 NaHond NolaryAssoehtlon • 8236 RemmN Ava., P.O. 8ox 7164 • Canoga Park, CA 91309-71 B4 Prod. No. 5907 Raorder. Call Tdl•Frea1•800•076-6127 '
i . 5353 (
I certi,fy 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 ther of by its duly e-autho 'zed
officer.
Dated : By :
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
. , 535
4 ~
SUBORDINATION AGREEMENT
Whereas, those~parties concerned, desire to have ~he Deed of
Trust recorded -se~?t 2~ Ig82" as f ile/page No .~2- 72624 subordinated to Easement For Access and Maintenance of Public
Sewers ("DOCUMENT" hereinaf ter) Required
,
/V~,f for Dwg. CS222 • City of Encinitas;
Now, therefore, for valuable corisideration, 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. /
l~ la/dJ/0ia
c/
-
2 DD e~~ /
DATED BENEFICIARY OR TRUSTEE
By:
Stephen G. Ma
Ti t 1 e: Director, Facilities Planning
DATED BENEFICIARY OR TRUSTEE
By:
Title,
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
w.
CALlFORNIA ALL•PURPOS~ ACKNOWLEDGMENT
~ _ .
State of
Cowty of
On A, before me, ~DGlv1r1 R2c~Va'IGI~'1 ~ Nd-~-ar~ P(,lb ~►C....
_ Dah Nan and Tift d OINon (e.g.. Jam Ow. Novr1 Pudk-I
personally appeared st2'p h~n ~ . ~Q
Namely a sv"s)
P$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 instrument
and acknowledged to me that hdsheJthey executed the
same in his/herJtheir authorized capacity(ies), and that by
hisJhedtheir signature(s) on the instrument the person(s).
' or the entity upon behalf of which the person(s) acted,
executed the instrument.
e.
JpANN M. REDMAN
"Commissibn+s
: # i 169424 WITNESS my hand and oKdal seal.
z Notary PubliC - Californfa San Diego Couniy
~
o r^ ►
►
sipnMw. a No" Pu6Nn
oPnoNac
mough un inlomradon below is nor requftd by law, it rnay pmve vatuabls ro pe►scns,elying Ihe daxuneM and oould Prevenr
. haudufent removal and ieattachment ol dNs Iam b enother dmment
Description of Attached Document -
Title or Type of Document: Swz r&Aa-t(&YA
Document Date: Number of Pages: _POA'O
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual O Individual
❑ Corporate Officer ❑ Corpomte Oificer
Trtle(s): Title(s):
• Partner - O Limited ❑ General ❑ Partner - 0 Umited ❑ General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
❑ Trustee O Trustee
O Guardian or Conservator . O Guardian or Conservator .
❑ Other; Top ot thumb here ❑ Othgr Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Assxiatlon • 8236 Femmel Ava., P.O. Box 7104 • Canoga Park, CA 91309-71 B4 Prod. No. 5907 Reorder. Call Tdl•Free1-800•976-61127 '
r5356 I.
I..
, 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 :
By. IL
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
- ( 5357 S~p IAND
SDE 4224.00 v ~p
April 17, 2000
'f f~Gb!!~ ~ Yr
EXHIBIT "A•' ~j. r,
LEGAL DESCRIPTION FOF CqOSEWER ACCESS EASEMENT NO. 1
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
CAUFORNIA, 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:
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 85°39'17° WEST, SAID POINT BEING THE TRUE POINT OF
BEGINNING; 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 SOUTMEASTERLY 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 COMPOUND 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,
837.69 FEET TO THE BEGINNING OF A TANGENT 425.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 20.10 FEET THROUGH A
CENTRAL ANGLE OF 2°42'33'; THENCE SOUTH 68°58'29" EAST, 311.79 FEET; THENCE
SOUTH 21 001'31"WEST, 50.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; A RADIAL LINE THROUGH SAID POINT
BEARS S 21 °01'31 "W; THENCE ALONG THE ARC OF SAID CURVE 31.42 FEET THROUGH A
CENTRAL ANGLE OF 90°00'00"; THENCE NON-TANGENT N68°58'29"W 40.00 FEET TO A
POINT ON A NON-TANGENT 20.00 RADIUS CURVE CONCAVE SOUTHWESTERLY, A
RADIAL THROUGH SAID POINT BEARS SOUTH 68°58'29" EAST; THENCE ALONG THE ARC
OF SAID CURVE 31.42 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH.
68°58'29" WEST, 231.79 FEET TO THE BEGINNING OF A TANGENT 375.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 17J3 FEET
THROUGH A CENTRAL ANGLE OF 2°42'33"; THENCE NORTH 71 °41'01" WEST, 837.69 FEET
TO A POINT ON . A 400.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE 40.59 FEET THROUGH A CENTRAL ANGLE
OF 5°48'53" TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 24°07'18" EAST;
U:\7data%urveys\4224VepaIW424 sew access esmnt 1.doc /
- ` ~ 5358 (w
THENCE WESTERLY ALONG THE ARC OF SAID CURVE 19.64 FEET THROUGH A
CENTRAL ANGLE OF 28°08'10'; THENCE SOUTH 83°32'52" WEST, 10.78 FEET TO THE
BEGINNING OF A 73.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE 53.36 FEET THROUGH A CENTRAL ANGLE
OF 41 °35'51"; THENCE NORTH 56°14'26" WEST, 32.81 FEET TO THE BEGINNING OF A
53.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF
SAID CURVE 34.48 FEET THROUGH A CENTRAL ANGLE OF 36°55'18'; THENCE NORTH
19°19'08" WEST, 21.04 FEET TO THE BEGINNING OF A 31.50 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 29.93 FEET
THROUGH A CENTRAL ANGLE OF 54°26'22" TO A POINT OF CUSP ON A CURVE
CONCAVE TO THE NORTHWESTERLY HAVING A RADIUS OF 390.00 FEET, A RADIAL
THROUGH SAID POINT BEARS SOUTH 35°21'13" EAST; THENCE NORTHEASTERLY
ALONG SAID CURVE A DISTANCE OF 77.30 FEET THROUGH A CENTRAL ANGLE OF
11 021'22" TO THE TRUE POINT OF BEGINNING.
1
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