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1999-483579 (2) 262 3 ~w~, ~w 999 -`0483579 - ~ 1959-0463579 1.999 `a a,.~.. PRI Recording Requested by: Cardiff Sanitation District "GTH';X RECG`S';~S „SAW13IELiO..COUNTY REI~GRDER"T~ OFFICE ( F~~90,V TqilRb,COUNTY REcIORIDER . When Recorded, Mail to: ) t City Clerk City of Encinitas 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ~ For the benefit of the City )SPACE ABOVE FOR RECORDER'S USE ONLY SEWER EASEMENT : Assessor's Parcel Project: DCS 289 ~ No.264-151-34 W.O. No. Frederick Frumin and Leslie E. Frumin, Trustees of the Frumin 1998 Trust. Dated June 16. 1998 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, repa;ir, 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 xemove 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. 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: An Easement for sewer mains and appurtenances over, under, along, ~ and across a portion of Parcel 2 of Parcel Map No. 3008, in the I City of Encinitas, County of San Diego, State of California, filed in the office of the county recorder of ~ ~~~~y, ANN'~ ~ ~ ~ 2624 ~ San Diego County, August 29, 1974,.as File No. 74-235893 of Official Records. See Exhibits "A" and "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 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 excavatiori 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. Executed this 13 day of N~ ~ , 19 OWNE : By. • iX,.~ .k1~~C~.~ C~ , ~/L(-~_/J'i'~•(N-~ By. [Signature of OWNER must be notarized. Attach the appropriate acknowledgment.] x~x~:m~-~:ax~~H~-xx~~xx~MxM~ xXx~x4H~~Kx -~xx~kiX~ ~ Of xMi ~~Ha4~~~ff~4AKX~~X~~K§~~KkKA~~ XXX X~X~~Xa K X4 A K A Xm i m ~X "X XXK~~~X~~~~X~~~XX xxF~~~~x~~~~~~~~R3~~ XHHHKX} ~~~t~~ss5zxuxxxsrx~zxXXXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ~ x ` ~kkR g kRRxRk x~~~~~~g:W~k:ffx§gXXV'4kM?X BK/hz/2813.doc (10-26-95) ~ ~ 2600-15 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 duly authorized officer. Dated: gy; , Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District ~ ~ . ~ ~ 2606 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed or Trust xecorded 9/30/98 as file/page No. 98 0626574 subordinated to Easement for Access and Maintenance of Public Sewers ("DOCUMENT" hereinafter) Required as Condition of Approval of Sewer easement in Cardiff Sanitation District,Encinitas,CA. **See attached exhibits "A" and "B° 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. FtR~T ►-~o.-r~dw~/~~ ~Act-k1~ c~ G~rt~ GJa. l.AO 6Y: -r~~►,,.~ ~~,~.c~s r=~ N. - o-~c DATED BENEFICIARY OR USTEE AlJe 'By: Uh tnt ~ A-U p Tit1e: ~.5~ , lldCe" lpeylvnw~- ~ ~ DATED BENEFICIARY OR TRUSTEE By. Title. Signature of BENEFICIARY or TRUSTEE to be notarized. Attach the appropriate acknowledgment. BK/hz/2813.doc (10-26-95) St:ate of~-' /~'X1 County ot On 0` before me, the undersigned, a Not-~.y Public in and for sai S~~ , perso lly ppea~ _ ~ persohally lmown to me (or proved Zare me on the basis of satisfactory evidence) to be the person ( s) whose natne ( s subscribed to the wi trutnent and acknowledged to me that he g?t /they ex ted the same in ~their author.ized capacity(ies), and by his~their signature(s) on the instnunent the person(s), or the entity upon behalf of which the person(s) acted, executed the instnunent. , WITNESS my hand and official seal. ; ,,PPy PGB ; VIIVCENT J. VERE Notary Public, State of Texas My Commissinn Expires Signature 08/04/2001 Name V-r (typed or printed) (Sea1) . 2628 ~ ' GOVERNMENT CODE SECTION 27281 This is to certify on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 that the City of Encinitas consents to the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. Dated: By: 02 L41 2~ Alan D. Archibald, P.E. Director of Engineering Services 2 6, 1 CALIFORN1A ALL-PURP05c ACKIVOWLEDGMENT State of In i 6 d County of ( Pe4-pr ~ On ' before mec , ate Name end Title qROfficer (e.g.,'Ja` e Doe, Notary e ~ ~~n, ~ Y"~ ~ 1 ~ • ~ . ' personally appeared F Name(s) of Signer(s) }*kj*wA ~(proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument M, PEfERSON ;R ~k . ~,,f,,~.~M1~ ~~~~777 z and acknowledged to me that he/she/they executed the a;a;,~ Pub!kc - cal[tornia ; same in his/her/their authorized capacity(ies), and that by z tv ~ :S~ . • sAN DiEGO couNTY his/her/their signature(s) on the instrument the person(s), My Comm: ExpiresSEP 26,1998 or the entity upon behalf of which the person(s) acted, executed the instrument. s~r . WITN SS m hand and official seal. ~ PE~~Y C- T>~~ S~sf~ !?I~~CJ COUN71~n~a ~Y Comm. Expiras SEP 26, 1 99g Signature of Notary Public PTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I ~i Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ' ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ' ❑ Attorney-in-Fact ❑ Atto rney-i n- Fact I ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator . - ❑ Other: Top of thumb here ❑ Oth@r: Top of thumb here !I i ~ Signer Is Representing: Signer Is Representing: I ~ I , OO 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 'i _ . . . - 2e 30 ~ EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT TO CARDIFF SANITATION DISTRICT A PORTION OF PARCEL 2 OF PARCEL MAP NO. 3008, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COLJNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 29, 1974, AS FILE NO 74-235893, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 3008; THENCE NORTH 12°34'33" WEST A DISTANCE OF 248.00 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE NORTH WEST CORNF,R OF SAID PARCEL 2; THENCE NORTH 71° 00' 00" EAST, 39.53 FEET ALONG THE NORTHERLY LINE OF PARCEL 2; THENCE SOUTH 18° 19' 29" WEST, 258.12 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 2; THENCE SOUTH 81° 17' 15" WEST, 65.28 FEET ALONG THE SOUTH LINE OF PARCEL 2 TO THE POINT OF BEGINNING. - %,XNp s~ PETER C. GOLDING ATE ci a~.., LS 416$ ~ Q L.S. 4768 Exp 3•31 _Gb 41,F'Q►~~~~• i ; ~ I II y:winword/prj/rv4/frumines.doc ~ w.o.# 0017-10 ~ 2631 tfY OF ~EANSIDE 30' PRIVATE ROAD I HND t HIGHWAY 7e UTILITY EASEMENT Q CqN,HO „WA P A R C E L 3 ci P o M. 3008 CAR BAD C"Y OF ~ PACIFIC ~pg ~ OCEAN RANCHo O . . t ROADA FE O" ~ nn$ ::.k~A~EryV~, ~ . 4a oo~ O OtJUE ROAD N, ~moo cm oF ENO►+m►s NdNITY MAP N P A R C E L 2 No SCALE PARCEL MAP N0. 3008 W" pr ~I~~yl~ ~^PNpa ~ ~ *T~ V Yy~v EXISTING I.O.D. FOR PUBLiC ROAD PURPOSES. C. Z PER F/P 74-231941 U'~ 4<v y~, o ~n AND, EXISTING 30' WIDE PRIVATE ROAD EASEMENT PER F/P 73-001447 No. LS 4768 0~RECORDED 01-03-73, BOOK 1973 OF O.R. * Exp.3/31/2000 'o' * MddApp ~ ~ °p c`~LIFO ~ PROPOSED SEWER EASEMENT AREA=13.178 S.F. PETER C. GOLDING L.S. 476 EXISTING I.O.D. FOR PUBLIC ROAD PURPOSES. ~ PER F/P 74-231941 co N. •O ~ ~ A N~' EXIST. UMWD ~ PPdA°"` WATER EASEMENT p""000 > 17, 15„ E 2~5.00' woo 81 n PpndNp ` . , """d00 dNpPppeV asob 4010 ' . ~ ~y 65.28 P.o.B. P A R C EL 1 N P.M. 2774 scaLE 50' S H E E T 1 0 F 1 , Scale aTY OF ENCINITAS 1 „=50, Urawn By. JLM Dote: SEP7 29, 1998 wo' Ref. 17-10 Checked By. JLM Date: SEP7 29, 9998 EXH I B I T "B" Trocing No. APProved By.~ Datec i X:ACAD\PRJ\RV\RV4\M\PLATS~FRUMIN.DWG XREF:BNTCSD 01-21-99 RAN HO VERDE UNIT 4 JOB N0. 0017-10