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1992-343262 . . \ . : RECORDING REQUESTE~Y:) ) ) ) ) ) ) ) ) ) ~ !.-! ~ ¡¡n', (,-"),: ".1'1 /:~ ~ )~ l'>f7/-U,ji.l-JLnl "n,'," .;. '.. '. ,. -; Q"';; ': '.'ì. D -. '~.'. _1 ~ L". "1 ',.'".J'-.,¡'!:~';-,-!'?'¿-.. ',-u"",~ d!, City of Encinitas 58ä "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 ~I"O¡" t. '.'H¡'<~ ~ . FiTS: . " ~¡t, 264-030-32 ACCESS EASEMENT 1~ ~".- ~~Si'~ . ()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. m12723 , , r . . ~ \ -., , . 58ô . 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 m12723 . . . . >::^Hi8IT H 58ô 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. 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