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1999-709215 (2) ~ , . DOC 19e" d -070921-5. 1999-0709215 Recording Requested by; ) Oc't 22, 1~.~99 ~ ~ 2:E.3 At„i Cardiff Sanitation District ) ~ when Recorded, Mail to ; OFf=ICIAL. RECQRllS District 3.~ 2 sA~~ DIEcO ca«NrY RECoRDrR'S OFFICF Engineer CiRFG(lliY J. SMIi'Hs COLINTY F:ECORDER anxtibn~rD,is-t~r~ict t~~p~ I 505 South Vulcan Avenue ) Q1*3 u NA Encinitas, CA 92024 ) ~ For the benefit of the District ) SPACE ABOVE~~FOR RECORDER'S USE ONLY ~ SEWER EASENTENT Assessor's Parcel Project No. CS 271 No. 264-101-22 W.O. No. DCS 271 J Paul L. Fox and Nancv N. Fox 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 wit.h 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 I, proper, needful or necessary in the construction, reconstruction I and mair.tenance 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: , S to ;A N N E , ~ 23~3 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 assignso provided no trees shall be planted.or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, su.ccessors 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 assi.gns, 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 cove~nants and agrees that after the installation of any pipe line by it in any exGavation made by it in the above described easement and right-of-way it will backfili 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 day of , 19 OWNER: ~ , By : ; ` ~ B Y. ; i , ; ~ [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] ~ ''I ~CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~3 79' Na.sso7 State of County of On 1-3) r l 9% before me, DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared )t 4nk , NAME(S) O SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name's~ is/®r subscribed to the within instrument and ao- - knowledged to me that he4sqe/ ey executed the same in h-i tti'ei authorized capacity 4, and that by t~i-e- t~ e signatur on the instrument the person @ or the entity upon behalf of which the persono acted, executed the instrument. Z15-= 9ar►et L. P~rsons WITNESS`my hand'and official seal. Comm ri1126007 NOTARY P, U@UC' CALIFORNIAO"~. : - ~ 1 . q,J~' , $AN•OIEOO COUNTV ~ _ / J °+uroa?.. COrt1fh,Exp FB6-5t,200Y••a,. , . r SIGNATURE OF NOTARY OPTIONAL Though the data below fs 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: • NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 23~t5 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 i Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: ~ Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District , 2376 SUBORDINP.,TION AGREEMENT LN# 65633598 Whe.reas, those parties concerned, desire to have the Deed of Trust recorded November 25, 1998 as file/page No, 1998-0769013 subordinated to Easement For Access and Maintenance of Public Sewers ("DOCUMENT° hereinafter) Required As Condition of Approval of 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 Trusto 9/7/1999 BANK OF AMERICA FSB DATED BENEFICIARY OR TRUSTEE By : iFNHAN TRAN Title : AUTHORIZED OFFICER DATED BENEFICIARY OR TRUSTEE By. Title. Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgement. ' . ' ;:.,.T _ . . . . ' . , 2 3'~~ "1 Ln# 0563359-8 - _ ~-tate of California County of Orange On SEPTEMBER Z, 1999 before me, DINA C. YOGI a Notary Public, in and for Orange, Califomia, said County and State, personally appeared NHAN TRAN AUTHORIZED OFFICER personally known to me (or proven to me on the basis of satisfactory evidence) to be the . person(s) whose name(s) is/ate-subscribed to the within instrument and acknowledged to me that 6efshe/tk7 executed the same in kris/her/0ie'rr authorized capacity(ies), and that by .kris/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h and official seaL DiNAC.vOG1 , ~ • GORUrtis31on # 119049 Signature ~ Z Cnmarria ~ omnae Notary Pubiic in and for said C un d State M~►Carm.Eyqxes 24,Zd2 State of County of On before me, , a Notary Public, in and for said County and State, personally appeared ~ personally known to me (or proven 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/hedtheir signatures(s) on the instrument the person(s), or the entiry upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seaL Signature Notary Public in and for said Counry and State State of County of On , before me, , a Notary Public, in and for said County and State, personally appeared , personally known to me (or proven 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/her/their capacity(ies), and thatby his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seaL Signature Notary Pubiic in and for said County and State 23"18 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have,the Deed of Trust recorded Mav 5, 1997 as f il /page No. 1997-n9f1R496 subordinated to Easemen,t For Access and Maintenance of Public Sewers ("DOCUMENT° hereinafter) Required As Condition of Approval of Cardiff Sanitation Distx!icr ; 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. Equitable Deed Company DATED September r, 1999 BENEFICIPRY OR RUSTEE ~ gy ; Brock Pi er Z.044d - i Title • Assistant Secretary Bank Of America, N. A. formerly j Bank of America NT & SA DATED September ~ ,1999 BENEFICIARY R TRUSTEE . gy; Brock Vi er i Title : Vi.ce President ~ Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgement. : . , 2J 79 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS On Septernber l, 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared Brock Piper, Assistant Secretary, personally known to me (ar proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her/their signature(s) on the instrument, the person(s), ar the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~ JE°(TA MILES ~ ~ COMM. #10968~3 ~ ~ ~ NOTARY PUBLIC - CALIFORNtA ~ . ~ OqANGE COUNTY My Comm. E~1res Moy B, 2000 Signat STATE OF CALIF012NIA ) COUNTY OF ORANGE )SS On September 1; 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared Brock Piper, Vice President, personally known to me (ar proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JETTA MILES COMM. #1096893 W NOTARY PUBLIC - CALIFORNIA ~ ORANQE COUNTY ~ S i g n a t u r e My Camm. F_xpirea Mey 8, 2000 I I : 2384 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 officero Dated : ~ aye . ~ Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District JULY 27, 1999 23 81 SDE 4318 PAUL L. FOX NANCY N. FOX APN 264-101-22 EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT THE EASTERLY 20.00 FEET OF THE WESTERLY 25.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY , ' 5.00 FEET THEREOF, ` TOGETHER WITH THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 25.00 FEET;OF THE WESTERLY 5.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER. LAND 0 O ~ EX Ili ~ ..~OF C ~ ~ 1 File: surveys\4318surv\264_101_22 revd.wpd , I I EXHIBIT "B" 2382 EASEMENT PLAT CARDIFF SANITATION DISTRICT W 1/2 OF NE 1/4 OF OF THE4 W /4 10F ~ SEC 9, T13S R3W, SBM ~ APi1 S.3-d-^101rSzO APJ`1 3.3~d1~iJ~.3 i / - - - - ~ / SCALE 1 60' P _ = = - 20' I I~ 'I II I~I II I I EXISTING 30' PRIVATE ROAD EASEMENT I 25' POR SE 1 4 OF NW 1 4 I~ OF SW 1 OF NW 1 I II I I OF THE NW 1/4 OF SEC 9, T13S R3W, SBM ~OII S ITE I I ( I ( Ry,ryCN ~I EXISTING AC DRIVE ( P R IVATE) loJ~ Po ~ au~ ~ f qOAD ~ P NHO ~ p I ZVI II I c ~ o M o5 N PUBLIC SEWER EASEMENT 04,C' ENCINIiqg I EL AM/NO OEl N0RT£ G GpJ` OF ~N bifCO 5~ ~ l II VICINITY MAP NOT-TO-SCN.E 1 ~ LAND l. Mc o N ~ o~~N N c) SANDIEGUITOENGINEERINGJNC. THE PROPERTY LINE DIMENSIONS P 6 . 4407 MANCHESTER. SUrrE 105 SHOWN HEREON WERE CALCULAT ~ No.-4 6 . ENCINITAS, CA 92024 PHONE: (780) 753-5525 FROM RECORD DATA AND TO NOT 9~'F CIVILENGINEERING PLANNING REPRESENT A LAND SURVEY Of CA~-~ LAND SURVEYING 4318p1at_2.DWG, SCALE:1"=60', DATE: 7/19/99 SDE 4318