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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 , . ( ~ , 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 "