1994-402431 (2) , _ .
# 1994-0402431
Y . . : 61 24-JUN-1994
10:57 AN
OFFICIAL RECORaS
SAN pIEGO COUNTY RECOF'DEfc`'S QFFICE
; GREGpRY SPlITHa GaUNTY fi'ECORDEfi'
! FEE5y 0.00
Recording Requested by:
rdiff Sanitation District ) w, NA .
WYien Recorded, Mail to:
District Engineer
' Cardiff Sanitation District
505 South Vulcan Avenue )
Encinitas, CA 9202.4 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
' ONLY
SEWER EASEMENT
Assessbr's Parcel Project T, M 88-038 ~
No, 264-151-51 W.O. No. DCS-137
David G. Miller, Trustee of the David G. Nliller Trust
hereinafter designate 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 exclusive 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, fences, 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 inaddition 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 nave 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.
tf/04/cov2-251wp5 (3-18-91/1)
SCANNED
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The real property referred to herein and made subject to' said
easement and right-of-way by this grant is situated in the City of
Encinitas, County of San Diego, State of California, and is
particularly described as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part by
. 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 use of said _easement and right-of way by
Grantee, 'its successors and assigns, provided no trees sha11 be
planted or grown thereon and the entire area encumbered by the
sewer easement shall be graded flat and unobstructed at all times,
unless authorized by the Grantee in writing.
The Grantors hereby covenant and agree for themselves, their heirs,
successors 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 buildings or structures of any
nature or kind that will interfere with the use of said easement
and.right-of-way unless authorized by said Grantee, its successors
or assigns, or that will interfere with the ingress or egress aiong
said easement by said Grantee, its successors or assigns. When
authoriaed by the Grantee, gates will be permitted as long as said
gates remain unlocked, or, if locked, then Grantee shall be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for ail existing
improvements within the sewer easement and Grantee will not be held
liable for any damages, thereto.
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 enjay the
continued use of the surface of said real property herein
described, subject to the conditions above stated; and the Grantee
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hereby covenants and agrees that after the installation of any pipe
line in any excavation made by it in the above described easement ~
and right-of-way Grantee will backfill any such excavation made by it so as to f ill 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.
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tf/04/cov2-251wp5 (3-18-91/1)
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EXHIBIT np,n
A STRIP OF LAND 15 FEET IN WIDTH BEING A PORTION DF PARCEL 4 OF
PARCEL MAP NO. 14489, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON SEPTEMBER 30, 1986 AS FILE N0. 86-434683,
LYING WITHIN THE CITY OF ENCINTTAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. SAID 15 FOOT STRIP OF LAND LIES 7.50 FEET ON EACH
SIDE OF, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING DE-
SCRIBED CENTERLINE:
BEGINNING AT A POINT WHICH LIES IN THE SOUTHWESTERLY BOUNDARY
LINE OF SAID PARCEL 4, DISTANT THEREON NORTH 62° 19'38" WEST
464.42 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE
NORTH 28° 25'00" EAST 115.00 FEET; THENCE NORTH 45° 17'00" EAST
142.00 FEET; THENCE SOUTH 44° 11100" EAST 148.00 FEET; THENCE
SOUTH 84° 42'00" EAST 155.72; THENCE SOUTH 80 50'00" EAST 42.36
FEET TO THE POINT OF TERMINUS WHICH LIES IN THE 50UTHERLY BOUND-
ARY LINE OF SAID PARCEL 4, DISTANT THEREON SOUTH 780 59'57" WEST
73.63 FEET FROM THE MOST EASTERLY CORNER OF SAID PARCEL.
THE SIDELINES OF SAID 15.00 FOOT STRIP OF LAND ARE TO BE LENGTH-
ENED OR SHORTENED TO TERMINATE IN SAID SOUTHWESTERLY AND SOUTHER-
LY BOUNDARY LINES OF PARCEL 4.
ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED HERETO, THERBY MADE
A PART HEREOF, BY THIS REFERENCE.
AND s ~
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L.S.5871
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Executed this ~ day of 19
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. OWNER:
. g
Y:
DAVID G. MILLEIZ, TFZUSTEE
By:
Acknowledgement
Stateof CALIFORNIA pn April 11, 1994 beforeme, Hermie G. Martine
county of S an D i e qo SS. ~
Notary Public, personally appeared David G. Mi 1leY' * * * * * * * * *
00-00 personally known to me (or proved to me on the basis of satisfactory evidence) to bb
~~F~ the person(s) whose name(s) is/are subscribed to the within instrument and ack-
~nie G, Niartir~e
Her z nowledged to me that he/she/they executed the same in his/her/their authorized
v' Notary f~ublic - California
SAN DIEGQ CIIUNTY capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or`
My Cornm. Exp Aug, •i ~i~, , the entity upon behalf of which the person(s) acted, executed the instrument:
WITNESS my hand and official seaL
(This arep for official notarial seaQ Signature •
r ATfENTION NOTARY Although the mformation r
equested below is OPTIONAL, it could prevent fraudulent attachment of this cerFificate to another document.
THIS CERTIFICATE MUST BE AITACHED Title orType of Document SeWeY' Easement
TO TFiE DOCUMENT DESCRIBED AT RIGHT: Number of Pages • 5 Date of Document 4-11- 9 4
Tf-1100(Rev.9/92) S2 Signer(s) Other Than Named Above Cardiff Sanitation DiS ri t
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officere
Dated:
~y
• District Manager
- Cardi f S itation District
tf%04/cov2-251wp5 (3-18-91/1)
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 1-23-91 as file/page No. 91-0030804 subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of Te M, 88-038 ;
Now,. therefore, for valuable consideration, the receipt of which is
hereby aeknowledged, 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.
FIRST NATIONAL EANK OF NORTH COUNTY
May 16, 1994
DATED BENEFIC RY ;,R TRU BE
~Y: By:
R. E. HAHN, PRESIDENT & J SI1 ONS
CEO
Title: VICE PRESIDENT
. DATED BENEFICIARY OR TRUSTEE
BY:
Title:
Signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
I certify on behalf of the Board of Directors of the Cardiff
Sanitation District, pursuant to authority conferred by Resolution
of said Board adopted on March 20, 1979 that the Cardiff
Sanitation District consents to the making of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
Date Cl, Lq BY
TF/HZ/COV2-251Wp5 (10-27-93-2)
_
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iAttached to Sub,,rdination Agreement dated i,ady 16, 1994 executed
by First National Bank of North County.
_ 67
,
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
On May 16 , 1994 , before me, Hermie G. Martinez , I
Notary Public, personally appeared Joe simmons and R. E. Hahn
, personally known to me (or proved
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 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 hand and official seal.
-'So 40
dFFte:tat SEA`
~
v r' Fiermie G. Martinez
P,iotary Public - Califnrnia
~ ' ~i -A" Sl',N GIEGO C)DUNTY
S1g11dtU1"e of Notary Publ C nqYCnmm.Exp.Aug.~p,~:g5
. . . . . . ;r,. ..;~.,~ia:- R~..Ai.a- e~e"drp~,. . .
STATE OF CALIFORNIA° S ~
}ss.
- COUNTY OF San. Dsego }
On Ma.y 20, 1994 beforeme, Doreen M. Kistler, notar public
GOEFFREY B. DANIELS------------------------- ~
personally appeared
~
, personally known to me (or proved
' 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 me that he/she/they executed the same in his/her/their authorized capaciry(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. ~ ~
r s e
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WITNESS m d off'cial eal
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Signature lY qq t'~i~" IP q! F`
. . . . ~ ~1 S~ 1 -.cfL f (~/l(~~/./.'S
(This area for official notarial seal)
:
_ -
~ STA7E OF CALIFORNIA }ss.
COUNN OF San. Diego }
On Mav 18, 1994 beforeme, Doreen M. Kistler, "notary public
,
personally appeared GREGORY H. BROWN
~
personally known to me (or proved
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 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.
~ ~ \ c? ~°J~'R p E"L ~ t r
WITNESS my d and official se lo,
F%
Signature 0 t 1?aE -16
(This area for official notarial seal)
68
TO WHOM IT MAY CONCERN
Please allow this letter to serve as formal notification that
Gregory H. Brown and Goeffrey B. Daniels, Plaintiffs for the Lis
Pendens, Case No. N58775, particulars as described more fully in
document recorded February 18, 1993 as File No. 1993-0102458, are
aware of a proposal for a Public Sewer Easement across the
property affected by said Lis Pendens. This property is more
accurately described as Parcel 4 of Parcel Map 14489, in the City
of Encinitas, County af San Diego, State of California, filed in
the office of the County Recorder of San Diego County, September
30, 1986 as File No. 86-434683 of Official Records.
The Plaintiffs are also aware of a Deed of Trust secured against
said property by David G. Mi11er, Trustee of the David G. Miller
Trust, recorded January 23, 1991 as File No. 1991-0030804 with
the beneficiary being First National Bank of North County. The
above statements are for information only, and do not constitute
' an admission regarding the ownership of said property or validity
of said Deed of Trust.
It is our understanding that certain parties have concern regard-
ing the subject Lis Pendens and the potential legal ramifications
with reference to the proposed Public Sewer Easement for the
benefit of Baywood Builders adjacent subdivision. Therefore, we
hereby state that should we be successful in our legal claim ( s)
to impress a constructive trust on the above described property,
we do not or would not object to the recordation of the proposed
easement as we feel it is a benefit to the property. Also, it is
our understanding that the recordation of this easement will in
no way affect the lawsuit, the current title and/or the Deed of
Trust other than providing senior rights to the proposed Public
^ Sewer Easement.
GREG Y. ROWN, PLAINTIFF DATE
~C L~r~
GOE B. DANIELS, PLAINTIFF DATE