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2001-419312 (2) ~ l ~ ~ i ,@J'!~~ ~ ~:.001 Recording Requested by: , ~.~7u!'"1 21~ 2001: 4.i w 06 1=111 Cardiff Sanitation District ' ~ when Recorded, Mail to: OFFaCIpL kEC[;kDW I SAN DIEGQ CO11N1`1' RECORDER'S I]F'FTCE:: District Clerk CiREGORY J. SMi:THq COUNTY RECOfiDER ~ Cardiff Sanitation District FEES: 0„00 505 South vulcan Avenue OC: NR Encinitas, CA 92024 ' VIAYOU, - For the benefit of the District! ' _ USE ONL7C_ A~~ .r - . . - . . SEWElt ACCESS EASEMENT ~V Assessor's Parcel Project No. CS 343 No. 260-081-38 w. O. No. ; ~ ` DOUGLAS LOVISON, A Married Man, as his Sole and Separate Property 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 i property for access as required 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, i together with the perpetual right to remove bui_ldings, st.ruc:!tures, trees, bushes, tznde.rgrowth, flowers, and arAy other obst_ructiuns iriterferirig wit?:-i the use: of said eE.Lsement arid r.ic~,.ht-- of-waY bY Grantee, its successors or assigns and in addiLion ght-of- thereto, to remove soi 1 and other materials within said ri way and to use the same in such manner and at such locations as ! said Grantee may deem proper, needful or necessary to obtain access as needed in the construction, reconstruction and i maintena:nce of said sewer lines or structures incidental thereto. ~ . i To have and to hold said access 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. l 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: ; ~ ~ ; , . SCANNED ~ See Exhibit "A" and Exhibit "B" attached hereto and made a part ~ hereof by this r.eference. I~ 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 hereblr covenant and agree for themselves, trieir ~ heirs, successors and assign.s, 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 assigns, 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. Executed th.is _day of ~C'-``'~~ ~ 2000. ' I I OWNER : ~ By _ i ~ i , i BY ~ j ~ j [Signature of OWNER must be notarized., Attach the appropriate i ; ~ acknowledgement.] ~ ~ GOVERNMENT CODE SECTION 27281 ~ i ~ `i i ; ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ss. ' County of -V~j On ,)eCe q 1~ a0 0 , before me,~'1~i~I~~i~ f~~~~/ ' D e Name and Title of Officer (e.g., "Jane Do , Notary Public") personally appeared 7DaJ&",5 X' /-00 /l -Name(s) of Signer(s) ❑ personally known to me 'Kproved to me on the basis of satisfactory evidence to be the person(o whose name(4) is/are- subscribed to the within instrument and acknowledged to me that he/sd~e/thte~~ executed the same in his/IaeFt+~err authorized .e MARTIN J. GRENETSKO ~ capacity(4es}; an hat by h, is/4&;4he+F- ~ • • COMM. #1158126 NOTARYPUBLICrCALJFORNIA ~ signature(* on the instrument the person(s}, or ~ 'Myco mNExplaeso°w~"eri,aoo+O9 the entity upon behalf of which the person(sr} acted, executed the instrument. WITNESS my ha and 'cial seal. . ~ Place Notary Seal Above Signa e f tary Public OPTIONAL 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 Documpnt Title or Type of Document: "4QA)e_e- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: , ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ' ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - O 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 I _ This is to certify that the interest in real property conveyed by r iff ani a i n Distri i hereb deed or grant to the Ca d S t t o ct, s y i i 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: i ~ By. Alan D. Archibald, P.E. I District Engineer Cardiff Sanitation District , AUG-30-2000 14:39 MORTGAGE SERUICES 847 330 4587 P.12/16 I SUHORI?INATION AGREEMEPI'T ! Whereae, Chose parties concerned, desire to have Che Deed of Trust reCOrdecl as {vo. subordinated to Banemen't For Access and Madineenammce of Public Seaers ("DCK.VMENT" herainafter) Reguired As Cosidition of Apprsnral of C$ 3q-3 ; Citv of Encinitas; I Now, thex°efore, for valuable consideration, C.he receapt vf which is hereby acknowl.edged, the undersigzied BENEFICTARY OR TRUSTtE hereby maives t12e priority of sa,id Deed of Trust ira favor of sabcl DOCUMENT to the same extent as i£ said bOCU'MENT had been eacecuted przor Lo said Deed of Trust. . 1 . I~ DATED SENEFICIARY OR TRUSTEE I ~ f gy : T i t 1 e: I ~r ~ DATEI7 BENEFICIARY pR T'12US'TEE On this 6th day of September, 2000, ~ before me, personally appeared By • Robert Blake, Vice President. I~ ~ In witness Whereof, I hereunto ~ set my hand and officail seal. Title: Szgnature of BENEFICZARX or Z'12C7STEE to be notarizecl. Attach the ERIC C. BOVVER1utAN apProprxate acknowTedgement. Nofary Publie My Commission Eatpjp'N September 23, 2005 ~ ~ I AUG 31 100 16:08 847 330 4587 PAGE.12 State of d4SSa6lJSe ~S County of ,ss: 2vd/ On this ~'6~ day f~P~ ~ ,~666 , before me personally appeared ,~lj~~~ known to me (or proved to me on the basis of satisfactory evidence) to be the individual(s) described in and who executed the foregoing instrumeAit, and duly acknowledged to me that he/she/ they executed the same as his/her/their free aet and deed. [SEAL] Notary Public ` My Commission Expires: _ 5 _ I . . . . . . . . ( GOVERNMENT CODE StCTION 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 officer. I Dated: ?f By: ~,LLW i Alan D. Archibald, P.E. ~ District Engineer Cardiff Sanitation District I I I I ; (r99-144 8/24/00 EXHIBIT `A' LEGAL DESCRIPTION FOR SEWER ACCESS EASEMENT (APN 260-081-38) The Southerly 15.00 feet of the North half of Lot 19 of Ridgeway Heights, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 2163, filed in the Office of the County Recorder of San Diego County, on July 3, 1929 and as shown on the Record of Survey of said Ridgeway Heights, filed for the purposes of correcting errors in the Original Map, being Record of Survey Map No. 1193, filed in the, Office of the County Recorder of San Diego County, on September 20, 1945, excepting therefrom the Westerly 15.00 feet thereof; said North half of Lot 19 being more particularly described as follows: Beginning at the Northeast corner of said Lot 19; thence South 11 °17'50" East along the Easterly line thereof, 98.25 feet; thence South 78°42'10" West parallel with the Northerly line of Lot 19, 425.54 feet to an intersection with the Westerly line of Lot 19; thence North 19°47'50" West along said Westerly line, 99.34 feet to the Northwest corner of Lot 19; thence North 78°42'10" East along said Northerly line, 440.22 feet to the POINT OF BEGINNING. Except therefrom that portion described as follows: Beginning at the Northeast corner of said Lot 19; thence South 110 17'50" East along the Easterly line thereof 83.25 feet; thence South 78°42'10" West parallel with the Northerly line of Lot 19, 121.00 feet; thence North 11 °17'50" West parallel with the Easterly line of Lot 19, 83.25 feet to an intersection with the Northerly line of Lot 19; thence North 78°42'10" East along said Northerly line, 121.00 feet to the POINT OF BEGINNING. Contains 6,172 square feet, more or less. ~Ak KD 406 ~ 99144.I913 EX . 9l30/AO ~ klW E KHIBIT 'B' RUBENSTE1N AVENUE ~ ~ P.o.e. N1177'50"W 98.25' - i R/W 83.25' i i i ~l I ~ ✓ / 1 ~ 15. 00' I I I y • ~ O~ ° ~ C? i ~ = Jr I ~ ~ ~ o ( LL I C!~ I~' L C) L- 'QD I I ~ c,3 635 I L ~ ~ L I (15 ~ CD~ 0 S ~ (n + (7~ , C?-1 QD ~ L ' S11'17'50"E 83.25 15' WIDE EASEMENT FOR INGRESS & EGRESS i TO MAINTAIN SEWER LINES GRANTED TO CARDIFF ; 15.00 SANITATION DIS7RICT HEREON. I ✓ o ~ ~ ~.Z rv APN: 260-081-38 Q::) ~ ` o LL L ~ `Z? ►v C!~' ~ ? I ~ ul N.) Ll~ C~3 I I o c" ~ y1 L L c= I o ~ v L N I I I - - - - C0 I , l~ ~ ~ ( C~ ~ I ✓ ~ ~ ' °Y ~ I ✓ I ~ r~ y I lv I ~I ~ _ ~ ~ 06 ~ ~ Exp. g/io/00 15' WIDE PUBLIC SEWER ~ I EASEMENT PER DOC. ` L j~op,~ : No. L 3 I REC. 't ~ 15.17' N19'47'SOpW - ~ W 99 34JOB No. 99-144 8124100 ° - - N19'47'50~ 3oWiUTD_C~ 8' PROWN CM6INCCR/N6. IIvG U s- ENGINEER oo 2187 N WC SL1LE AVENUE SUSTE 103 TEL. 760~43688500E SFAS(C76b~43678603 Ci i ~