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