1999-483579 (2)
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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
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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►~~~~•
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~
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