1999-770716 (2) /
, „ , ~IIII~I
` 1999-0770716_ DOC 19,! ,!'.~770716
Recording Requested by: )
Cardiff Sanitation District ) Nov 22, 1•999
)
when Recorded, Mail to: ) OFFICTpL
~'~~`Q~~~
District Engineer ) SAN DIEGO C(11JNT'{.RECORIJER'S qFFICE
Cardiff sanitation District ) 0!~ rt GREGORY J. SMITH, GQUNTY RECO(iDFR
505 South Vulcan Avenue ) 1~ FEE5: 0a00
Encinitas, cA 92024 ) OC: NA
For the benefit of the District ) SPACE ABOVAM;OR RECORDER'S
USE ONLY
SEWE12 EASEMENT
Assessor's Parcel Project No. CS 271
. ~
~ No. 264-101-61:,.~: W.O. No. DCS 271
\
Alvin L. Sease and Donna J. Sease, Trustees of the Alvin and
jh o nna Sease 1990 Trust
ereinafter 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,
Ythrough, 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, arid 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 r'ight-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:
E
See Exhibit "A" and Exhibit "B'i 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 covenant and agree for themselves, their
heirs, successors and assigns, that there shall not be
coristructed 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 v.rill 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 assigris.
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; 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 i.t will backfill any such
excavation made by it so as to fill said excavation as nearly as
practicable to the level of iche surrouriding ground, and will
replace any oiled, asphalt or concrete surface with like material
and wi11 replace any fence removed by it.
Executed this ~ day of QA&VeA , 19
OWNERo
By .
BY. '
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
1066,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
, County of
On _Z~ N 7,199 5 before me, r~~l/~~✓ 66,7 r.
Da e Name and Title of O(iicer (e.g., "Jane Doe, Notary Public")
personally appeared Gv
Name(s) ot Signeqs)
❑ personally known to me - OR -Aproved 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
OFFICIAL SEAL his/her/their signature(s) on the instrument the person(s),
ANnREW GANZ or the entity upon behalf of which the person(s) acted,
N0TARY PUBLIC- CALIFORNIA~ executed the instrument.
a ~ C9MM. N0. 1213543
SAN pIECO GOUN1`Y
MY COMM. [XP, MAR.19, 2003 WITNESS my hand and official seaL
Signature oi tary Public
oPrroNac -
Though the information below is not required by law, it may nrove valuable to persons relying on the document and could prevent -
. lraudulent removal and reattachment of this fortn to another document.
Description of A#tached Document
Title or Type of Document: _
Document Date: Number of Pages:
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
❑ Atforney-in-Fact O Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator .
❑ OtFlef: Top of thumbhere p Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-860-876-6827
„ I . . . . .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEMT
State of
County of v lr o
On before me, Date Name and Title ot Oflicer (e.g., "Jane Doe, Notary Public")
personally appeared 4~l41 .Sl_ei s-e g n J ~o ~ , m , P
,
Name(s) of Signer(s)
❑ personally known to me - OR -41-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),
OFFICIAL SEAL or the entity upon behalf of which the person(s) acted,
ANDREW GANZ
i~ N07ARY PUBLIC-CALIFORNIA~ executed the instrument.
COMM. N0. 1213643
5AN DIEGO COUNTY WITNFSS m hand and official seal:
MY COMM. [XP, MAR.19, 2003 Y
Signature of otary Public
- OPTIONAL
Though the inlormation be%w 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:
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 ❑ Attorney-in-Fact
❑ Trustee ~ _ . . ❑ Trustee
❑ Guardian or Conservator O Guardian or Conservator .
❑ Qthef: Top of thumb here ❑ Othgr: Top of Ihumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Associafion • 8236 Remmet Ave., P.O. 9ox 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Frae 1-800-876-6827
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: Ia'lg"q_1
l
By: Ndo L. - Lt w
Alan D. Archibald, P.E. ,
District Engineer
Cardiff Sanitation District
107
2 ( SUBORDINATION AGREEMENT
Wliereas, those parties concerned, desire to have the need of
Trust recoided November 10, 1993 as file/page No. 1993-0756127
subordinated to Easemeni: For Public Sewer ("DOCUMENT"
lzereinafi:er) Reguired As Con.dition of Approval of ;
CiLy of Encin=i_t.as;
Now, tlierefore, Lor valuable consideration, the receipL oL wliich
is heieby aclcnowledged, the undeisigned BENEFICIARY OR TRUSTEE
liereby waives the priority of said Deed of Trust in Lavor of said
DOCUMENT to i_he same extenL as if said DOCUMENT had bcen execuLed
pi°ior to said Deed oi TrusL.
October 13, 1999 WASHINGTON MUTUAL BANK, FA SUCESSOR TO
HOME SAVINGS OF AMERICA, FSB
DATED BENEF'ICIARY OR TRUSTEE
By.
Suzanne L. Bzeaker
Title : Assistant Vice President
DA`1FD BENEFICIARY OR 'I'RLTSTPE
By:
Title:
Signature of BENEFICIARY or TRUSTEE
to be notarized. Attach the
appropriate aclcnowledgement.
~-073
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of CALIFORNIA
County of SAN JOAQUIN
On ~ b" before me, Michele J. Tuttle, Notary Public ,
De el Name mid Title d OfNcer (e,g., "Jene Ooa, Ndeuy PubI(C')
personally appeared Suzanne L. Breaker, Assistant Vice President Name(s) of Signer(s)
personally known to me - OR - O proved #o me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscrlbed 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
MICHElE J. TUTTLE his/her/their signature(s) on the (nstrument the person(s),
Q cQMM. # 11852a1 ~ or the entity upon behalf of whfch the person(s) acted,
; NOTARY PUBLIC-CALIFORNIA 6)
sAN JoaQuira cou►vnr 0 executed the instrument.
` COMM. EXP, MAY 30,2002 - ~
WITNESS my hand and aificial seaL ;
~
i
i
I
Sipnaturo ot le PubNa ~
OPT/ONAL
Though the lnlom►atlon belowls not requ/red by faw, !t rrray prove valuable to persons ►Wng on the document and could prevent
fraudulenf removal and reatfaahment of thls torrn to another document.
Description of Attached Document
Title oY Type of Document: Sewer Easement
Document Date: Number of Pages:
Signer(s) Other 7han Named Above: ~
i
i
Capacity(ies) Clalmed by Signer(s) i
~
Signer's Name: Signer's Name: i
O Individual ❑ Individual i
O Corporate Officer O Corporate Officer
Title(s): Title(s):
❑ Partner - ❑ Limited O General O Partner - O Limited ❑ General ~
❑ Attorney-in-Fact D Attomey-in-Fact ~
Q Trustee ❑ Trustee j
❑ Guardian or Conservator O Guardian or Conservator
❑ OthBr: Top of thumb here ❑ Oth@f: Top of Ihum6 here i ~
Il
I
Signer Is Representing: Signer Is Representing: +
I
~
. ~
I
I
i
,0 1994 Natlonal Nolary Assoclallon • 8236 Remmal Ave., P.O. BoM 7104 • Cenogo Park, CA 91309•7184 Prod, No. 6907 Reorder. Call Td4Froe 1-800-076•1 327
,
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1074
I certify that on behalf of the Cardiff Sanitation District
pursuant to authority conferred by Resolution of the Board
adopted March 20, 1979, that the Cardiff Sanitation District
consents to the making of the foregoing Subordination Agreement
and consents to recordation ther of by its duly a thor'zed
officere ~
Dated: By: jl~~
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
10"l5'
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the need of
Trust recorded October 1, 1999 as f ile/page No.99-0667954
subordinated to Easement For Public Sewer ("DOCUMENT°
hereinafter) Required As Con.dition of Approval of ;
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 executecl
prior to said Deed of Trust. •
/0' 0/" '7 y4z
DATED BENEFICIARY OR TRUSTEE
By; Lisa Hill
Title : Vice President of Lending
DATED BENEFICIARY OR TRUSTEE
By.
Title.
Signature of BENEFICIAUY or TRUSTEE
to be notarized. Attach the
appropriate acknowledgement.
~CALIFORNiA ALL-PURPOSE ACKNOWLEDGMEMT 107 6 State of California
County of San Diego
~ .
On 10-1-99 before me, ~L., S7'r4- ~bMf}$~¢y~ /U07y¢2Y_-A?t.4*,
Date , Name and Title of Officer (e.g., •Ja Doa, Notary Public")
personally appeared Lisa xill
Name(s) ol Sgner(s) '
P§ personally known to me - OR - 0 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 b me that he/she/they executed the
same in hislhedtheir authorized capacity(ies), and that by
his/hedtheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
, MMA HEMnsnv
Commisslon N 1110276 executed the instrument.
R ~
NOtafY PubllC - CaAtOmlo
' so"ok*0c0""tv
My Comm, Expres Sep 3.2000 WITNESS my hand and official seaL
~•0,.•6
44alre oi Notary Publlc
OPTIONAL
Though the informaBon below is not required by law, it may prove Valuab/e to persons re/ying on the document and could prevent
Iraudulenc removal and reattachmenf of this form to another documenL
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: ' Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual O Individual
O Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner - ❑ Limited D General O Partner - 0 Limited ❑ General
• Attorney-in-Fact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Gonservator .
❑ Qthgf: Top of thumb here ❑ Othg(: Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Associalian • 8236 Remm¢t Ave., P.O. Box 7184 • Canoga Park, CA 91309•7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
,
' 1077 GOVERNMENT CODE SECTION 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 officero
Dated a
~
By:
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
,
~ ~
1078.
JULY 27, 1999
SDE 4318
ALVIN L. SEASE, TRUSTEE
DONNA J. SEASE, TRUSTEE
APN 264-101-61
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 25.00 FEET OF PARCEL 1 OF
PARCEL MAP NO. 9274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 19, 1979 AS FILE NO. 79-439399 OF OFFICIAL RECORDS.
yAND
P.
Ptr
aF cAVW ; .
File: surveys\4318surv\264_101_61 revd.wpd
4, I
. . j,0'l 9
EXHIBIT "B"
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
POR SE 1/4 OF NW 1/4
OF SW 1/4 OF NW 1/4
OF THE NW 1/4 OF
SCALE 140' SEC 9, T13S
R3W, SBM
AP31 34440-23
~ - - - I
~T--fi
~
I
'2p1 I J ~
~ $9' PROPOSED PUBLIC
SEWER EASEMENT Il ~
I ~ EXISTING 30' PRIVATE
PARCEL 1 OF I~I ROAD EASEMENT
P.M. 9274 I
II I
SITE ~ lO
~ 0
(6
00
~P RPNCH
I I II ~
J
BUMANN ~ no~ I
~ ROAD L
0 m I I I I
~ PG~ AN~H L < o I I I
F~ctio o m
J A I
Y
0,90 2~ I I I
o~ ENCINITAS J I
fL CqMINp pfL NORT f G~oJ~~ OF SAN DIEGp ~ I I 25,
VICINITY MAP PARCEL 2 OF I I I I
NoT-TO-scuE P. M. 9 274
Rd'd
TME PROPERTY LINE DIMENSIONS I I ~S~p LAND
SHOWN HEREON WERE CALCULATED I I I I v`~ o~ 1, McF ~~o
FROM RECORD DATA AND TO NOT I I I I I ~o `
REPRESENT A LAND SURVEY I ~
I I I I I P. 00
SAN DIEGUITO ENGINEERING,INC. ~ NO. 43W
~
4407 MANCHESTER, SUITE 105
PHONE:A(7 0) 7532-5525 I I I I~ (OF ` m, 0
CIVIL ENGINEERING PLANNING
LAND SURVEYING
4318pIat-3.DWG, SCALE:1 =40', DATE: 7/19/99 SDE 4318
"