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2000-462113lllllll�IlIIII Recording Requested by: A n r� District Engineer Gal J When Recorded, Mail to: District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District I DM Assessor's Parcel No. 264- 091 -60 DOC # 2000- 0462113 Aug 29a 2000 9:11 OFFICIAL RECORDS SAN DIEGO =TV RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES: 0.00 OC: HA WAYS: 3 )SPACE ABOVE USE ONLY SEWER EASEMENT FOR RECORDER'S Project CS 318 W.O. No. TPM 98 -140 PHILIP G. TgML(,)Ns TRUSTEE OF THE DECARIGN LIVING TR�UT DATED 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 exclusive easement and right -of -way upon, through, under, over and across tte 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 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. cov42.doc 07/06/2000 ra 2934 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 shall 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 along said easement by said Grantee, its successors or assigns. When authorized 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 all 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 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 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 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. cov42.doc 07/06/2000 2935 Executed this (A day o 20W. M By: 4eg 4 [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] 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 officer. Dated: �j /?, '©� WOO Alan D. Archibald, District Engineer Cardiff Sanitation District cov42.doc 07/06/2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2936 �r�t./II /.- % % %i- i�i..�- ice/ /j%i%%.ii %!,I %ill % % % %I! % %J l_i %!1 %I ✓jtl- / //l!I % /1- %-/��l I % i 1 on before - - personally appeared r .. rproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrurnmt and acknowledged to me that halsheAhey executed the i l = o 0 1' _ Instrument 0* persm(s), i.� CofnmlWon # 1189307 or the entity upon behalf of which the person(s) acted '., s'f my Comm. E4*es Jul ... WITNESS my hand and official seat. �4 c .� 01 OPnOMAL 1` i Description Document d Document .: 1, P P Other P Capecity(les) Claimed by Signer(s) 1, Signees Names. Signers Name: ■ Individual ■ Individual \0 0 Corporate Officer 0 Corpomle Officer 1 `1 kil 0 Partner — D Isirnited 0 General 0 Partner — 0 Umited 0 General 1 ■ _ ■ ■ Trustee ■ Trustee 1 ■ giGNT THU61gPgINT BIGHT iHUhiBPAINT OF SIGNER ■ Conservator OF SIGNER 1 ■•, Other. Top or "�b hete �I Signer Is Representing- Signer Is Representing: 1 /1/llJllllllJ. III%'/l IIJJIJ lrll,/Jf% /lJI/1!./!l /./1111I' 111 ll! / /!Il!! /!! /1 % %!�� 0 1994 Natrona) NNaryASaotlaSan •!1]5 A MAm. P.D. 11ox 7104 • CaaO9a Pad, CA 912W.71A4 Wed. No. 5907 � �Aco d . Ca9 iM+Frs 69W 878 -•B7 2937 SUBORDINATION AGREEMENT Whereas, t os Aarties concerned, desire to have the Deed of Trust recorded Q .Z as file /page No.8Z097Z4.ZJ4 subordinated to Easement For Public Sewers ("DOCUMENT" hereinafter) Required As Condition of Approval Of 98 -1.40 TM 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. s�I Of �4LI,Te &«iCL 1154 Va4m�-� DAT /9 BENEFICV YI2 OR TRUSTEE L cov42.doc 07/06/2000 By: STEPNEY G. /14 Title: A—lif TAGtl7IEf P"106Whwo BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or trustee to be notarized. Attach the appropriate acknowledgement. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 2933 No. 6907 01993.NATIONAL NOTARY ASSOCIATION • 8236 Rarnmet Ave., P.O. Box 7164 • Canoga Park, CA 91309.7164 , �(a %✓e,rOL State of County of —�!(u �" On ����1�,'ZA'X� before me, nP,R ,( DATE NAME. TITLE OF OFFICER, E.G., 'JANE DOE, NO WY PUBLIC' !aeyhen 6, k& personally appeared NAME(S) OF SIDNER(S) C 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 ac- knowledged 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. JOANN M. REDM�AN Commission If 1169424 l 0 - Notary Public- California WITNESS my hand and official seal. aba Son Com Diego County Com My m. F�:res Feb 6, 2p02 ' SIGNATURE OF NOTARY 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 1 ❑ CORPORATE OFFICER - I 1. IO�RATYPE rmE(s) TITLE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL � ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR G ❑ OTHER: DATE OF DOCUMENT SIGNER 1S REPRESENTING: YS.� NAME OF PERSON(S) OR ENTDY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993.NATIONAL NOTARY ASSOCIATION • 8236 Rarnmet Ave., P.O. Box 7164 • Canoga Park, CA 91309.7164 , 2939 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded November 4,1982 as file /page No.82- 341144 subordinated to Easement For Public Sewers (" DOCUMENT" hereinafter) Required As Condition of Approval Of 98- 140TPM ; Now, therefore, for valuable is hereby acknowledged, the hereby waives the priority of DOCUMENT to the same extent as Prior to said Deed of Trust. ��a. ay2oo� DATED Cov42.doc 07/06/2000 consideration, the receipt of which undersigned BENEFICIARY OR TRUSTEE said Deed of Trust in favor of said if said DOCUMENT had been executed SCHOOL ENCINITAS UNION ELEMENTARY By: Sharon R. South Title: Chief Financial Off Signature of BENEFICIARY or trustee To be notarized. Attach the Appropriate acknowledgement. 2940 CALIFORNIA ALLo PURPOSE ACKNOWLEDGMENT State of California ` ss. County of O On �- -24 -0Q before me, Si)Cvl(� i�i�l Date Name aAn Ti9e of OBImr I personally appeared Sharon R . Swftl ���r SSHERYL GILLESPIE Commission # 1241731 ri y ri ::-,iory Public - Califomb s San D's:go County personally known to me ❑ 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 helshe /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. Place No" Seal Above 5gnaNn d Nepry Poblk 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 Document Title or Type of Document: SLt bo l"d�41 a-ppY, QC,!`Q.eyyie r.,- Document Date: k -2 q ^ o D Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Ll EJ EJ Corporate Officer— Title(s): Partner — ❑Limited [I General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHII THUMBPRINT OF SIGNER 0 1997 Na 91 Nc lary Association • 9350 De S,ao Ave., PO. Box 2402 • Cbab , CA 91313 -2402 Prod. Nu 5907 Reorder. Cal TbOW" 140"7&6927 I certify on behalf of the Sanitation District, pursuant of said Board adopted on Sanitation District consents Subordination Agreement, and its duly authorized officer. Date F!�? 'OC7 By 2941 Board of Directors of the Cardiff to authority conferred by Resolution March 20, 1979 that the Cardiff to the making of the foregoing consents to recordation thereof by Al D. Archibald, DI tr1C Engineer Cardiff Sanitation District April 27, 2000 SDE 4433 File: 4433sswr -es m t. rtf 2942 EXHIBIT 'A' LEGAL DESCRIPTION SEWER EASEMENT THAT PORTION OF PARCEL D -1 OF CERTIFICATE OF COMPLIANCE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 1997 AS DOC. NO. 1997- 0614690, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID PARCEL D -1; THENCE ALONG SAID LINE SOUTH 54 °34'36" WEST, 20.71 FEET TO A POINT ON THE ARC OF A 320.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40 000'24" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 46.10 FEET THROUGH CENTRAL ANGLE OF 08 015'18 "; THENCE SOUTH 58 °14'54" EAST, 172.29 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 18.84 FEET THROUGH A CENTRAL ANGLE OF 53058'05" TO A POINT OF REVERSE 48.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 85 °43'11" WEST; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE 132.63 FEET THROUGH A CENTRAL ANGLE OF 158 018'34" TO THE NORTHEASTERLY LINE OF SAID PARCEL D -1; THENCE ALONG SAID LINE NORTH 72 03523" WEST, 48.00 FEET; THENCE NORTH 58 014154" WEST, 227.28 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 38.01 FEET THROUGH A CENTRAL ANGLE OF 07 015'35" TO THE POINT OF BEGINNING. U\ I of PARCEL, No 2 N54 34'36 may- 329.41 Na6oezo; O 00. PUBLIC SEWER EASEMENT 2943 �o % °o\ o° .0 \ ® INDICATES SEWERLINE EASEMENT AREA \ O\ �O\ T P M 98'-140 \ \ L9 <<� PARCEL 3 ?� SUBDIVISION BOUNDARY TPIM 99-014 TJ L= 18.84'' D= 53'58'05" R= 20.00' SCALE 1" = 40' 1:7 DATA /SURVEY /4433SURV /DWG /PLATS /SEWER -ESMT 3122100 L PARCEL 4 1 REA AJND ER PARCEL SIDE 4433