1999-451058 (2)
3 9 85 POC ~18~ 1999-0451058
Recording Requested by: ) LJN 29. 1999 9:4•9 ~'~m
Cardiff Sanitation District ) OFF~~~~~ Rf'J~~~~
~ SAfd I~IEG~i CDtIMTY ~iCCQRtiF~R'S OFFICE .
v~hen xecorded, Mail toe ~
COUNTY I~ECORDE~'
City Clerk liREGORY J a S~~. hiIf{~, pe~~
)
City of Encinitas ) ~
~ 505 South Vulcan Avenue ) WAY°
Encinitas, CA 92024 )
~ For the benefit of the City ) SPACE A
USE ON]
san-nasio~a _
1
SEWEIt EASENIENT
Parcel Pro'ect: DCS 289
~
Assessor's ~
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No.264-151-29 _ W.O. No.
Scott M. Hodges and Sherry M. Hodges, husband and wife, as
community property
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GRANT i
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 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 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 1 of Parcel Map No. 2774, in the
City of Encinitas, County of San Diego, State of California, filed
in the office of the county recoxder of
SUANNE"Uo'
3986
r`" . . San Diego County, June 21, 1974, as File No. 74-166438 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 wi11 not
interfere with or be detrimental to the use of said easement
,
and right-of-way by Grantee, its successors and assigns,
provided noytrees shall be planted or grown thereon. ,
1'n o~tP,
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
excavation 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 1~f day of 19 .
OWNER:
BY: ~ - (
~
By:
[Signature of OWNER must be notarized. Attach the
appropriate acknowledgment.]
I certify on behalf of the City Council of the City of
Encinitas, pursuant to authority conferred by Resolution No.
94-107 of said Council adopted on November 9, 1994 that the
City of Encinitas consents to the making of the foregoing
by
Easement Dedication and consents to recoI i on t
its duly authorized officer.
.
Dated: L h, Alan D. Archibald
Director of Engineering Services
BK/hz/2813.doc (10-26-95)
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3987
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:
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ No. 5907
3988
State of ~Aq ~ County of
On 11 IfCl before me,
DATE NAME, TITIE OF OFFICER - E. JAN DOE,'NOTA PUBLIC"
7personally onallY aPPeared AME(S) OF SIGNER(S)
known to me - OR -
to be the person(s) whose name(s) 4s/are
subscribed to the within instrument and ac-
knowledged to me that -I:I~e/they executed
the same in #~/-~-ef'/their authorized
capacity(ies), and that by his~h-s-r/their
M. LAMOUREUX signature(s) on the instrument the person(s),
O CAMM. # 1161687 y or the entity upon behalf of which the
~ . NOTAHY PUBUC *CALIFORNIA p
SAN DIEGO COUNTY d person(s) acted, executed the instrument.
~ Nly Comm. Expires Nov. 28, 2001
WITNESS my hand and official seal.
SIGNATURE OF NOT Y
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
~ CORPORATE OFFICER
- TITLE OR TYPE OF DOCUMENT
TffLE(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) Ma'h'
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
I,N #64117898
.
3989
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire-to have the Deed or
Trust recorded Anril .4. 1998as ~.**N~. Doc. ~~1998-0185965
subordinated to Easement for Access and Maintenance of
Public Sewers ("DOCUMENT" hereinafter) Required as Condition
of Approval of Sewer Improvement Plans by the 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.
December 30, 1998 , Bank of America, FSB _
DATED BENEFICIA.RY GqZcxTR9:9~
By .
Nhan T.ran.
Title : Authorized Officer
December 30, 1998 Bank of America, FSB
DATED BENEFICIARY 9X-XTI~U,9T1KZ
B y : ;
ary Jo. i
Title : Assistant Vice President
Signature of BENEFICIARY or
TRUSTEE to be notarized.
Attach the appropriate
acknowledgment.
BK/hz/2813.doc (10-26-95)
- 3990 LN #64117898
State of California
County of Orange
On December 30, 1998 before me, Dina C. Yoqi, a Notary Public, in and
for Orange, California, said County and State personally appeared Nhan
Tran Authorized Officer and Marv Jo Petri. Assistant Vice President of
Bank of America, FSB, personally known to me (or proven to me on the
basis of satisfactory evidence) to be the person 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 authorized capacity(ies),
and that by 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 han nd official seal.
. •
Signature _
- _ ~
Notary Public in and for sai Co ty and State
L)fNA C. YOGI
~ Commissiorl # i 1 "r0428 Z
~ Notary Public - G0lii0rni3 >
z prange CourdY
1 9 Mh, Comm, aq*esJu124.M~2
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3991
GOVERNMENT CODE SECTION 27281
This is to certify on behalf of the City Council of the City of Encinitas pursuant to
I 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:
Alan D. Archibald, P.E.
Director of Engineering Services
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EXIIIBIT "A"
LEGAL DESCRIPTION
FOR
SEWER EASL;ME-NT TO
CARDIPF SANITATION
DISTRICT
. . . . . . " F 1
A PORTION OF PARCEL 1 OF PAR.CEL MAP NO. 2774, IN TIIE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN TIIE OrFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JUNE 18, 1974, BEING 20 PEET IN WIDTH, 10 FEET ON EACH SIDE OF
THE POLLOWING DESCRIBED CE-NTERLINE:
BLGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 2774;
THE-NCE NORTII 81 °51'22" EAST A DISTANCE OF 54.31 FEET ALONG THE NORTHERLY LINE
OF SAID PARCEL TO TIIE TRUE POINT OF 13EGINNING; TIIENCE ALONG SAID CE-NTERLINE
SOUTH 18° 23' 40" EAST, 17.80 PEET; TIILNCE SOUTI3 72° 37' 13" WEST, 36.33 FEET TO A
POINT ON THE ARC OF A NON-TANGENT 1,250 POOT RADIUS CURVE, CONCAVE
. WI;STERLY, A RADIAL LINE TO SAID POINT BEARS NORTII 78° 00' 36" EAST; TIIE-NCE
SOUTIIERLY ALONG TIIE ARC OF SAID CURVE TI-IROUGII A CENTRAL ANGLE OF 080 28'
49", AN ARC DISTANCE OF 185.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 030 30'
34" EAST, 42.48 PEET TO A POINT ON THE WESTERLY L1Nr OF SAID PARCEL 1, SAID POINT
BEARS SOUTH 12° 00' 26' EAST, 251.10 FEET FROM SAID NORTHWEST CORNEK OF PARCEL
1, SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTIIE-NED OR SHORTI;NED SO AS -
TO BEGIN AT THE NORTH LINE OF SAID PARCEL 1 AND TrRMINATE AT TIiE WEST LINE OF
SAID PARCEL 1.
O `ypND sC~
~w ~ ~o l- Za 99
LS Q~s Z~•G PETER C. GOLDING D A T E
, 8 n 0 L.S.4768
Exp..7-31-00 ~
41pQ
JM:ep/y:winword/prj/rv4/hodges. doc
w.o.# 0017-10
II
i
J~~~
PAR'~ 2 PM 3008
20' EASEMENT TO OMWD
REC'D 7-30-74
AS F/N 74-203729
Na1•51'22"E 54.31'
T.P.O.B. P.O.B. 1 8*23'40, w
1 ~ 7$ > 30' ROAD EASEMEN7 PER
DOC. REC'D 4-4-1974
AS F/N 74-085415
EXISTING I.O.D. FOR
PUBLIC ROAD PURPOSES.
N'8 3g~E N72'37'13nE PER F/P 74-156276
36.33'
Z
~
Crff OF OCEAMDE
O 0 HIGHWAY 78 . .
0 ~o
PARCEL 1 Q
J' PROPOSED PACiFic CAR BAD ~°F
~ SEWER EASEMENT OCEAN ir MARCOS
AREA= 5,630.4 S.F. RANCHO
SANTA FE
1 O' %A Qpg` AVEiy ROAD
10' !11'E
ouvaHar+
N ~ CENTERLINE cm o~ ENCiNrc,~s
SEWER EASEMENT N
Na~wrY Mi~►
,a A NO SCALE
0~ N 86 29, 2611ER) PARCEL MAP
NO, 2774
03•30'34"W
~ Z 42.48'
co y 30' EASEMENT FOR PRIVATE ROAD
~ AND UTIUTY PURPOSES PER DOC. LA1j,D s
REC'D 7-8-1966 AS F/N 111515 ~
EXISTING I.O.D. FOR C. - ~j
PUBUC ROAD PURPOSES. ~j <v y
~ PER F/P 74-156276 U a "0
~ No. LS 4768
Exp.3/31/2000 *
c~LrFO
PARCEL
~ 2, PETER C. GOLDING L.S. 4768
SCALE 50' S H E E T 1 0 F 1
qTY OF ENqNITAS _ scale 1 5 0'
Drown By. Date: W. 0.
8y. JLM . Date:SEPT 29, 199e Ref. 17-10
Tracing No.
EXHIBITChecked "g!!
Approved By. JLM DaterSEPT 29, 1998
X:ACAD PRJ R RV4 PLATS HODGES.OVNG XREF.BNTCSD Ot-20-99
RA CHO VERDE UNIT 4 JOB N0. 0017-10