1997-414926
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RECORD ING REQUESTEDtpy:)
, CARDIFF SANITATION)
DISTRICT
When Recorded Mail To:
City of Encinitas
505 S. Vulcan Ave.
Encinitas, Ca. 92024
Attn: City Clerk
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For the benefit of the
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District
ACCESS EASEMENT
~'1247
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Assessor's Parcel
Project No. TM-4400
No. 264-241-07,264-240-30
W. O. No.
DCS 054
CHRISTOPHER S. LLOYD, Trustee of the Gregory Trust under the will of Margarita
A. Lloyd dated September 11, 1980; CHRISTOPHER S. LLOYD: and GREGORY CLEARY
(hereinafter "GRANTOR") hereby grants to the 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 I S rights of way situated in adj acent lands, without any
additional compensation therefor.
To have and to hold said
unto its successors and
to convey said easement,
public agencies.
easement and right-of-way unto itself and
assigns forever, together with the right
or any portion of said easement, to other
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.
m12723.doc bak 8-12-96
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. "1248
GRANTOR, its heirs, successors, or assigns, all 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.
GRANTEE may, in its sole discretion, erect, maintain, 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 permi t 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
power to grant said easement in accordance with its terms.
the
m12723.doc bak 8-12-96
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"1249
Executed this -æ day of ~
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OWNER :
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BY: , ,
CHRISTOPHER S. LLOYD, TRUSTEE OF
THE GREGORY TRUST UNDER THE WILL
OF MARGARITA Z. LLOYD DATED
SEPTEMBER II, 1980
BY: ~'¡
CHRISTO~¡ER CO LLþYD
c. Þ-
BY :./'-'~
GREGORY,/CLEAAY ,
./
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 ~aid Board adopted òn March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officer.
Dated: O7!.' ( I,~/-//
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/ A., c.".. ""fr.,c.,;:,...., ~
é----/ LAUREN WASSERMAN DistrJ.èt Manager
Cardiff Sanitatión District,
tf/04/COV2-251wp5 (3-18-91/1)
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'. 1250
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)SS.
)
On July 14, 1997, before me, Andrea D. Maraska, personally appeared Christopher S.
Lloyd, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name is/are subscribed to the within instrument and
acknowledged 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
tIle entity upon behalf of which the person(s) acted, executed the instrument.
S i (rna ture OtAl1L~t/) r~A_1LtJL~ ~
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WITNESS my hand and official seal.
(This area for official notarial seal)
)SS.
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On July 14, 1997, before me, Andrea D. Maraska, personally appeared Christopher S.
Lloyd personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name is/are subscribed to the within instrument and
acknowledged 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 behaJf of which the person(s) acted, executed the instrument.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Signature
W r¡j L VI ~ Bri/l! ( {j:~ t;c
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'í ~ g DREA D. MARASKA I
/1 e- ~M. 11005598 n
~ 0;, NOTARY PtØ.JC.<:N.(ORNIA \,'
"",. ""SANØlEOOCQYNTY t',
, j~ ' ' Comm!\Jmn E~¡1'::; : .
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WITNESS my hand and official seal.
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(This area for official notarial seal)
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dALI FORN IA A LL.PU RPol ACKNOWLE DG MEN T
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State of
C A;L 1 ~ (4...{ iA
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County of
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'1>I1i.t1G>
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,~v\..-l( (~I tCf\ ') before me, '~J,_Ji II, Pf'í'fJA Í M..71A\.{. (t:~'- ç-
Date Name and Title of Officer (eg" "Jane Do~, Notary Public')
personally appeared +~ Gr~(~~l{ ¿~*, -
me(s) of Signer(s)
~erSOnallY known to me - OR -~rg'/od to me on tl1o baðis of ~QtiofElct~ to be the person~
whose name~~ubscribed to the within instrument
and acknowledged to me that~hc/the} executed the
.JO... ..... ~, -^- ~, .' ~'^;.. A ~ ,;-r::;.1Ä f s~me in@§»,el,'tl,e;y4Dlhorized capacity~), and that by
)- ~.; 'I." , J t, ,?~:: ~ ~slgnature~on the Instrument the person~,
0 " ;:q /, ~~RNIAQ or the entity upon behalf of which the person()6 acted,
0 ...~ ':"-'";,.", .X,:Y ~ executed the Instrument
~ ' 7-¡ Oct. G 2000
On
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Title or Type of Document:
jv \\..f
WITNESS my hand and official seal.
I
JA=, :;~i /' "" .' "0<," e""",
MV PUBLIC èoutnv 0 " / )
SANDtEGO . ... OPTlON~' " .. \ ,
. q Ire by law, it may prove val able to péí-;ons relying on the document and could prevent
fraudulent removal and reattachment 0 this fl)dn to another document
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Description of Attached Document c ..
.J .~ V t?/l... fztb ~Ñtj -I
L 4. ( (Q6('ì
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Document Date:
Number of Pages: ..~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's l\Jame:
b¡Z~b~/ ~
signer's(N~ -
I individual '"
I Corporate Officer~r~r
Title(s):
Partner - Limited In eral
I Attorney-in-Fact '""
.1 Trustee "-
Guardian or Conservator
Other:
, Individual
j Corporate Offl
Title(s):
Partner - Limite
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is ,Representing:
Signer is ,Representing:
1995 National Notary Assoc,at,on . 8236 Remmet Ave.. P,O Box 7184 . Canoga Park, CA 91309,7184
Prod No 5907
ReonJer: Call TolI,Free 1,800,876,6827
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EXHIBIT' A'
" 1252
LEGAL DESCRIPTION - ACCESS EASEMENT
A PORTION OF LOT 7 OF THE SUBDIVISION OF TRACT 87041, ACCORDING TO MAP
THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 21, 1991, AS MODIFIED BY CERTIFICATE OF
COMPLIANCES'S RECORDED FEBRUARY 19, 1993 AS DOc. NO.'S 1993-0106697 AND
1993-0106698, O.R.,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF LONE JACK ROAD AND
DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP NO. 12816, SAID
INTERSECTION ALSO BEING A POINT ON A NON-TANGENT 570.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH
70°38'44" EAST (NORTH 70°44'37" EAST - MAP 12816); THENCE NORTHERLY ALONG
SAID CURVE AND THE CENTERLINE OF SAID LONE JACK ROAD THROUGH A
CENTRAL ANGLE OF 3°00'57" A DISTANCE OF 30.00 FEET (3°00'58" - MAP 12816) TO
A POINT, A RADIAL TO SAID POINT BEARS NORTH 67°37'47" EAST; THENCE
LEAVING SAID CENTERLINE SOUTH 69°06'03" WEST 30.01 FEET (SOUTH 69°08'08"
WEST - MAP 12816) TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT OF
WAY LINE OF LONE JACK ROAD AND THE NORTHERLY RIGHT OF WAY LINE OF
DOUBLE LL RANCH ROAD AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 69°06'03"
WEST 154.48 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE
NORTH 06°27'09" EAST 33.78 FEET TO A POINT ON A LINE WHICH IS 30.00 FEET
NORTHERLY AND PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE OF
DOUBLE LL RANCH ROAD; THENCE NORTH 69°06'03" EAST 137.31 FEET TO A
POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID LONE JACK ROAD, SAID
POINT BEING ON A NON-TANGENT 540.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 64°21'34" EAST;
THENCE SOUTHERLY ALONG SAID CURVE AND SAID WESTERLY RIGHT OF WAY
LINE THROUGH A CENTRAL ANGLE OF 3°11'18" A DISTANCE OF 30.05 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 4,381 SQ. FT., MORE OR LESS.
A.P.N.264-241-07
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Ð"O!'\i1A5
VI CNTY MAP
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1(,53
Mi.\P -j28-j 6
LOT 7
A.P.N. 264-241-07
b.= 03'11'18"
R= 540. 00'
L=3O.OS'
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R= 570. 00'
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7
LOT -J
MAP -]3320
A.P.N. 264-240-30
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2-12-1cm
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LEGAL œSCRIFTl~
A PŒ1l~ Œ" LOT 7 Œ" M: 3.IDVI~ Œ" TRACT 87041, ACa:mNG TO MAP
ltfR(]'" NO. 12816, flED ~ M: Œf1Œ Œ" 11"£ COJNTY RECœŒR Œ" SAN OEGO
~TY, MAY 21, 1qq]" AS M<DFED 6'1' CfRlflCA1E Œ" WftJAN<LS RECCJm)
rnRUARY 1'1, 1CR3 AS roc. NO.'S 1'R3-01066'U Af'I) l'R3-O1066o,s, O.R.,
~ lHE OTY Œ" ENCll'fTAs, CQJNTY Œ" SAN OEGO, STA1E Œ" CAlf"(]~NA.
EJ
ACŒSS EA~
4,381 SO.fT.
PLAT TO IWJSlRAlE ACCESS EA~T
IJJŒK & ASSOOA1E5, ~c. EXHIBIT "B"
605 Jd. 51RffT
ENONITA5, CA '12024 (61'1) '142-5147
æœ:AÐ.D\lG 8-23-C¡)