1992-343262
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: RECORDING REQUESTE~Y:)
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City of Encinitas
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"AL F:ECJEDS
SAN DIEGO COUN.V RECORDE~'S OFF!C=
When Recorded Mail To:
City Engineer
City of Encinitas
527 Encinitas Blvd.
Encinitas, CA 92024
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264-030-32
ACCESS EASEMENT 1~ ~".-
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()OCOt-.\t.N,.~t\'l1tl proj ect No.
W. o. No.
TPM 88-052
Assessor's Parcel
No.
2559PM
Gary L. Bukamier
(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.
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. GRANTEE may, in it- ole discretion, erect, m~ain, 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
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 GRANTOR has the
power to grant said easement in accordance with its terms.
GRANTOR has executed said Easement (s) this Lt-::::
19 qy
day of
:1/,
GRANTOR:
'~i ¿t.L.
Gary. Bukamier
OFRCIAL SEAL
BARRY H. ELIAS
. Notary Publlc-CoDfornio
ORANGE COUNTY
My CommtSllon EAPlrea
August 27. 1993
[Signature of GRANTOR must be notarized.
acknowledgement].
Attach the appropriate
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 ~ its duly authorized officer.
Dated: (;, 1-91-- W~ ~
WARREN H. SHAFER, Distrlct Manager
Cardiff Sanitation District
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PARCEL A
H 30.00 +oot wide stria of land Ivlna wIthIn the Northwest
~uarter of the Southwest Quarter of the Southwest Quarter oT
SectIon 4. Townshio 13 South. Ranae 3 ~est. San Bernardino Base
and Meridian. in the Citv of Encinitas. Countv of San DIEao.
State 0+ California. aCCOrdinG to United States Government
Survey. the West line of said 30.00 foot stria of land OElna
descrIbed as tollows:
Bealnnlna at the Southwest corner of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of SectIon 4:
thence alOnG the West boundary line of saID Northwest
Quarter of the Southwest Quarter of the Southwest Quarter ot
SectIon 4. l\Jorth 01° 53' 29" East 355.50 feet to Point A and the
POINT OF TERMINATION.
The sidelines of said 30.00 foot wide stria of land to be
orolonaed or ShorteneD so as to create a contInuous stria o~
lanD 30.00 feet in width commenCInG at a line that bears South
89° 14' 38" East from the POINT OF BEGINNII\J5 and terminatinG at a
line that bears South 89° 07' 23" East from the POINT OF
TERr"! I I\JAT ION.
PARCEL B
A 32.00 foot wide strIa of lanD lyinG wIthin the Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of
Section 4. TownshlO 13 South. Ranae 3 West. San Bernardino Base
and MeridIan. In the City of EnClnltas. County of San DIeao.
State ot CalifornIa. acCOrdinG to United States Government
Survev. the centerline of said 32.00 foot wIde stria of land
beinG described as tollows:
BeOlnnina at the hereInabove described Point A: thence South
89° 07' 23" East 350.12 feet to the POINT OF TERMINATION,
The sidelines of said 32.00 foot wide stria 0+ land to be
orolonaed or shortened so as to create a contInuous strIP of
land 32.00 feet in width commenClno at the West boundary line of
said Northwest Quarter of the Southwest Quarter of the Southwest
Quarter 0+ Section 4 and terminatinG EasterIv In a line that is
oeroendlcu1ar to the centerlIne of said 32.00 foot stria and
Gasses throuGh the POINT OF TERMINATION.
PARCEL C
The South 30.00 feet of the Northwest Quarter 0+ the Southwest
Quarter of the Southwest Quarter of Section 4. TownshlO 13
South. Ranae 3 West. San Bernardino Base and Meridian. in the
Citv of Encinitas. County of San DIeoo. State of CalIfornIa.
accorOIna to United States Government Survev,
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF
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