1992-344263
" ( RECORDING REQUESTE~:)
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City of Encinitas )
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)
When Recorded Mail To: )
City Engineer )
City of Encinitas )
527 Encinitas Blvd. )
Encinitas, CA 92024 )
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ACCESS EASEMENT
,.~
"'S5iR 1~ ~C;j ect No.
rt'{ 'iRA-'"
--"" ,t,'\tN"l'w.
uvv- W. O. No.
TPM 88-052
Assessor's Parcel
No.
264-030-53
2559PM
Auerbach Trust Aqreement
recorded March 20, 1992 as File/Paqe No. 92-0156003
(hereinafter "GRANTOR") hereby grants to
Cardiff Sanitation
District
(hereinafter "GRANTEE") its successors, or assigns, the following
described easement for a right-of-way in, upon, over, and across
the land described below, for the construction, repair,
maintenance, and use of an access road at such location and
elevation, upon, along, and over the right-of-way described below
as GRANTEE may now or hereafter determine in its sole discretion
without any additional compensation therefor, together with the
right of ingress and egress from the easement by a practical route
or routes in, upon, over, or across the land described below,
together with the right to use said easement for access to
GRANTEE's rights of way situated in adjacent lands, without any
additional compensation therefor.
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 subj ect 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 more
particularly described as follows, to wit:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR, its heirs, successors, or assigns, shall not erect or
construct or permit to be erected or constructed, any building,
structure or improvement of any kind on, over or under any portion
of the easement, nor shall GRANTOR, its heirs, successors, or
assigns, plant any tree or trees or plant any other vegetation or
flora, nor dig or drill any hole or wells on any portion of the
easement.
m12723
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. ,t8 I d' . 591 ..
GRANTEE may, ln 1 0 e lscretlon, erect, ma aln, or use gates
in all fences which now cross or later cross any portion of the
easement. GRANTEE shall also be entitled to trim, cut, or clear
away any trees, brush, or other vegetation or flora from time to
time as GRANTEE determines in its sole discretion without any
additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or
share all or any portion of said easement with any other public
agency or utility including, but not limited to, any agency
supplying water or sewer services or facilities to the public as
GRANTEE may determine in its sole discretion without paying any
additional compensation to GRANTOR or GRANTOR's heirs, successors,
or assigns, therefor.
It is also understood and agreed by the parties that the GRANTOR
and the GRANTOR's heirs, successors, or assigns, shall not increase
or decrease or permit to be increased or decreased the ground
elevations within the above-described easement which exists at the
time this document is executed, without obtaining the prior written
consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or
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AL~PURPOSEACKNOWLEDGMENT ' ,
~=<::<-~~<'" No. 5179
,~); ^^~. '>...>-: :;..."'-XX^~:;sSSSSS~;SSSSSSSSS:~*: SS'S...~ >S':~~~~¥ ,
?~ In ~ . :jJ
~: State of (A \.. \ 'FO I2N ~þ.. } Drr f f CAPACITY CLAIMED BY SIGNER :,~,:,'
~ ;p
(/i ,. County of ~AN D \ E:f!O 5 9 Z 0 INDIVIDUAL '~i
~ \on 5. 2.2- q'2. before me, c:'\..'E.NN M \ c.\-\Ac:.L MÂ\-r\-\E:.,^,~ 0 CORPORATE ill
(/;""i,"" DATE NAME, TITLE OF OFFICER - E,G.. "JANE DOE, NOTARY PUBLIC" OFFICER(S) ~
, TlTLE(S) \~
" - D PARTNER(S) D LIMITED 7~
personally appeared lAM \ S. A \J E.(Z'BÂ~ 0 GENERAL f"¿I~'
~1 » NAME(S) OF SIGNER(S) 1('
~~ 0 ORNEY-IN-FACT ~
~ personally known to me . OR . proved to me on the basis of satisfactory evidenc ~~
9~ to be the person(s) whose name(s) isla TRUSTEE(S) ø
'/¡ subscribed to the within instrument and GUARDIAN/CONSERVATOR 1,\
~j acknowledged to me that he/she/they 0 OTHER: (1
~! M
executed the same in his/her/their ¡;~
~ ~~~~:~:~:~ s~;~a~~:~~~eos~ 'th~ni~s~~a~eb~ f~
the person(s) , or the entity upon behalf of SIGNER IS REPRESENTING: . ,
ø which the person(s) acted, executed the NAME OF PERSON(S) OR ENTITY(IES) ~
~~ instrument. ø
~ cß Witness my hand and official seal. ~
~Ii,',::.' I ~ SIGNA~REOFNOTARY ~~~~1
~ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it coL,id prevent fraudulent attachment of this certificate to an unauthorized document .
~;, THIS CERTIFICATE Title or Type of Document U.i
(;; MUST BE ATTACHED ~,
~ TO THE DOCUMENT Number of Pages Date of Document ~
ø DESCRIBED AT RIGHT: Signer(s) Other than Named AbQve , ~
y ,sssssssssss::;~::,sssssss~:>ss~:>.'<:;sssssssSSSSS'3SSS'S$<;;ssssS$.~;;..'~. ~ S ~~ ~
@1992NATIONAL NOTARY ASSOCIA-TJON. 8236 Rem'metAve.. P.o. Box 7184" Canoga Park, CA 91304-7184
~;rdifi~s;~it¡tio~-District
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL A
The North 30.00 feet of Parcel 2 of Parcel Map No. 3278, in the
City of Encinitas, County of San Diego, State of California,
filed in the Office of the County Recorder of said County on
December 5, 1974 as File/Page No. 74-318065 of Official
Records.
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF
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