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2000-299918 (2) 2~~0°~0299918 537 ~ 1 DOC kecording Requested by: ) JLJ1.-1 07,~ 2000 21~ ~~0 P~l Cardiff Sanitation District ) ~ OFFICIAL. RECORDS when Recorded, Mail to : ) $pN DIE'GO COIJNTY fiECQRDEh'S f)f FICI: D i s t,r i c t C 1 e rk ~ r REGORY tT o 5MIili 9 GCIIJNTY RECdFcDER f:1.00M?~rdA4--,E51~.~.111ri~4,9~.~~, ~DAI§;Pt~,zi~~~ EEES: 0e00 ~ 505 South Vulcan Avenue ) ~ Encinitas, CA 92024 P For the benefit of the District ) SPACE yS. REC6RDER'S ~ USE Oi ~ ~foo 2000-0299918 K /4 SETn7ER EASEMENT Assessor's Parcel Project No, DCS267 No. 259-221-91-00 W.O. No, DCS267 DuVivier Custom Homes, LLC 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 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 buildingso 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-P,vay and to use the same in such manner and at such locations as said Grantee may deem i proper, needful or necessarY in the construction, reconstruction and maintenance of said sewer lines or structures incidental j 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 ~ 53 72 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 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 ~n 'hereby covenants and agrees that after the installation of an Y pipe line by it in any exca"vation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to ti11 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 OWNER: By: ~ CC>~V' f il LEJL, e~11~M'~~(L L 1 G. By: . I , ~ BK/csewer.doc (08-17-98) ' s: i - CALIFORNIA ALL-PURPOS( CKNOWLEDGMENT !w No.5907 - - - - - - - - - - - - - - - - - - State of G4L-(~ 1-0 ta-Ai r,q- 5373 County of 75-6,~!j D► Ec. o On ,4 PP- i L- ,3 ; a-o o c7 before me, Jan. `r-,P- K-S w e , DA E NAME, TITLE OF OFFICER • E.G., "JANE OE, NOTARY PUBL C" - personally appeared CQ'-ttU,GL<. DI,CVlvi ei2, , NAME(S) OF SIGNER(S) ~personaliy known to me - OR proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/-ar-e subscribed to the within instrument and ac- ' knowledged to me that hekheA#ey executed the same in his/"°r~,-;; authorized capacity(.i-e&), and that by his/#~r'+-,~;;- JANicEK.swENSON signature(&) on the instrument the person(&)Commission # 1192673 ' MotcurPuaiic - cart«nx, or the entity upon behalf of which the SanDiegoCounty person(s) acted, execLrted the instrument. My Comm. 60res 11up8„ 20012 WITNESS my hand and official seaL SIGN RE OF NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ~ l 53q 3 Pc-L 3 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: I~C(2- ~ v TE O DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIN(IES) SIGNER(S) OTHER THAN NAMED ABOVE OO 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 ~ . _ ~374 ` 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 cluly authorized officer. Dated: 6Z~ Z,9 0 r Bye liij r Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District , ,S3 75 P SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded Tar1 d9 I99 as f ile/page No.!99'~- subordinated to Easement For -Aceeees-a "-interzanee-~ public Sewers (°DOCUMENT" hereinafter) Required As Condition of Approval Of _0/'GlG✓iCS-Zlo ~ Now, therefore,' for valuable consideration, the receipt of which is hereby: acknowledged, the undersigned BENEFTCIARY 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 ~ P . , DATED BENEFICIARY By : 7- Title: , DATED ~ BENEFICIARY OR TRUSTEE By: Title. Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgment. ~ :t s BK/csewer.doc (08-17-98) . :~f . ~ , 7CALIFORNIA ALL-PURPOS(CKNOWLEDGMENT ` ~ ` No. 5907 State of _CefL-i r-p0-,&, i A-- ~II County of _~'A-&r D a _ On AP2i't- -7, ;I-DQ C) before me, sa 'cP-k, Soe /u fig-V D AT ° NAME, TITLE OF OFFICER - E,G., " ANE DOE, NOTA Y PUBLIC" personallY appeared L. NqME(S) OF SIGN (S) fd~personally known to me - OR proved to me on the basis of satisfactory evidence ~ to be the person(* whose name(.s-) is/-a-re subscribed to the within instrument and ao- knowledged to me that he/z4eA4i~y executed the same in his/her/tfrufir authorized ---.y. capaci#y(-i-"), and that by hiskliefAT"r ~~~E IL S"ENW" signature(4 on the instrument the person rorr►n+ic~n # 1 t ~b73, ( ) ~ wtcay pubnc-eatqmb _ or the entity upon behalf of which the ~"~G~` person(-s- acted, executed the instrument. w+~►c.o~:r~~~~ WITNESS my hand and icial seaL SIGNATURE OF NOTARY OP IONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL I S 3~ 2j ❑ CORPORATE OFFICER 2E &-m~ rir~e~s~ TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1-5, ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: D - ATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEHSON(S) Ofl ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 F 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 officere Dated e L0 D , By: Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District l I' ..3) 78 EXHIBIT "A" ' LEGAL DESCRIPTION AN EASEMENT FOR SEWER LINE PURPOSES OVER, UNDER, ALONG, AND ACROSS A STRIP OF LAND 15.00 FEET WIDE LYING WITHIN PARCEL 3 OF PARCEL MAP 15393,1N THE CITY OF ENCMTAS, COUNTY OF SAN DIEGO, STATE OF CALIFOlZNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COLJNTY, SEPTEMBER 27TH, 1988, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS ; BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 3 DISTANT THEREON 53.19 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE, SOUTH 19°36' 17" EAST A DISTANCE OF 48.06 FEET TO A TERMINATION AT THE NORTHERLY LINE OF A SEWER EASEMENT GRANTED TO CARDIFF SANITATION DISTRICT PER DOC. RECORDED OCTOBER 1ST, 1988 AS F/P 88-441181 OF OFFICIAL RECORDS; THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHERLY AT THE NORTHERLY LINE OF SAID CARDIFF SANITATION EASEMENT AND TERMINATE NORTHWESTERLY AT THE WESTERLY LINE OF SAIDPARCEL 3. tipl'v'I~ r~1\ C' . . . _ . . . . , . . ~w'. . . ra . 0. 52 1 41 ; I ; ' . EXHIBIT'B" 53 79 ` SEWER EASEMENT ~ i 1"= 40' SCALE 1 ~ / • S74 °27' 13"E I / ~ c\j , Lr) 36 11 ~ ~ cNU ~ S19qg . ~6 ~ ~ w V~ N o0 ~ CARDIFF SANITATION EASEMENT REC. 96-1-1988 AS F/P 88-258215 z AND O.M.W.D EASEMENT 6-1-1988 AS F/P 68-258216 BOTH OF O.R. . S72 °19'00"E CARSIFF SANITATION FASEMENT REC. 10-1-1988 /P 88 441181 OF 0. R. C, y 1'i jl, INDICATES PROPOSED EASEMENT ~ Pio. 5211 , f PASCO ENGINEERING (858) 259-8212 535 N. HWY 101, STE. A SOLANA BEACH, CA 92075