1993-659747
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1 RECORDHIG REQUESTEI8l:)
PASCûENGINEERING ,.,)
535 N.HWY 101, SUITE A ~
SOLANA BEACH, CA 92075 )
When Recorded Mail To: )
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530
CARDIFF SANITATION DISTRICT
505 S.VULCAN AVE.
ENCINITAS, CA 92024
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ACCESS EASEMENT
Assessor's Parcel
Project No. TH 91:.101
No. 264-030-32
W. O. No. 347fWH/r,S-154
GARY L. BUKAMIER
(hereinafter IIGRANTOR") 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 r
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
righot 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.
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533
EXHIBIT "A"
AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A 32.00 FOOT WIDE STRIP OF LAND WITHIN PORTIONS OF
PARCEL 1 AND 2 OF PARCEL MAP 16913 AS ADJUSTED PER CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 29, 1993 AS FILE/PAGE 93-0059447 AND
PARCEL 3 AND 4 OF PARCEL MAP 16913 AS ADJUSTED PER CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 29, 1993 AS FILE/PAGE 93-0059449 SAID
CERTIFICATES OF COMPLIANCE BEING SHOWN ON RECORD OF SURVEY 14100
ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID ADJUSTED PARCEL 1 BEING
THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A
RADIAL LINE TO SAID CURVE BEARS N 00 ° 52 ' 28" E; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE 102.46 FEET THROUGH A CENTRAL ANGLE OF
29°21'08" TO A POINT OF A REVERSE 200.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 197.02 THROUGH A
CENTRAL ANGLE OF 56°26'31"; THENCE N 63°47'05" E 16.81 FEET TO THE
POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP TO BE PROLONGATED OR SHORTENED TO BEGIN
IN THE WESTERLY LINES OF SAID ADJUSTED PARCEL 2 AND 4 AND END IN A
LINE THAT BEARS N 16 ° 50' 16" W AND PASSES THROUGH SAID POINT OF
TERMINUS.
GRANTEE may, in ~sole discretion, erect, ~tain, or use gates
i~. all fences wh~ 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.
531
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
not litigation is commenced, or if any arbitration proceeding,
administrative proceeding or litigation in law or in equity,
including an action for declaratory relief, is brought to enforce
or interpret the provisions or performance of said easement, the
prevailing party shall be entitled to an award of all attorney's
fees and the costs of the proceeding, which shall be determined by
the court of the presiding officer having authority to make this
determination.
GRANTOR expressly warrants and represents that GRA1-ITOR has the
power to grant said easement in accordance with its terms.
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GRANTOR has executed said Easement(s) this
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day of
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GRANTOR:
BY, ~ -t'. rLL-
GAIn. BUKAMIER
[Signature of GRANTOR must be notarized.
acknowledgement].
Attach the appropriate
Dated:
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT, a
poli tical 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 .~ ly authorized officer.
'1/:2-1 (c;¿;SÎ~' ..
-~ N H. SHAFER,' District Manager
! Cardiff Sanitation District
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