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1999-791085R~CORDING REQUESTE~. jY: ) ) City of Encinitas ) ) ) When Recorded Mail To: ) 1999-07.qi08§ Dec O~, 1999 8: 49 A~ Clerk of the Board ) Cardiff Sanitation Dist.) I 5~'~ O~ICI~L RECORD$ ) SAN DIEGO OOB~TY REOOROER'80FFIOE 505 S. Vulcan Ave ................ "~'~R ~ncznz~as, u~ ~zuz~ FEES: 0.~ For the Benefit of the ACCESS EASEMENT ~: ~ District Assessor's Parcel Project No. TPM ~7-267 No. 265-5~1-20 & 265-0~5-~5 W.O. No. ~ JACK A _ (hereinafter "GR]%NTOR") 'hereby. grants to District Cardiff. Sanitation (hereinafter "GRA/qTEE") 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, ~ogether 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 subject 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" A~D "B" ATTACHED HERETO AND MADE A PART HEP~EOF. 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 1592 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's heirs, successors, or signs, 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 _~ day of [Signature of GRANTOR must be notarized. Attach appropriate acknowledgement]. 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 th~rrecorda/t~n thereof by its duly authorized officer. Dated: t ~ -~-'*, - CARDIFF SANITATION DISTRICT CALIFORNIA ALL-PURPOS~ ACKNOWLEDGMENT 593 No. 5907 State of ~.,~,/-_ i /~cJ ra ~ i z~ County of ._5~/,7 D;~o On (:~)c~T'. ~m~'~. /9 ? ? before me, DATE/ NAME, TITLE OF OFFICER - E.G., "JANE D(~E, NOTARY PUBLIC" personally appeared 0~-~'~ A. C~,~/$F'/'/~°~,'y ~ ?~L,,/ L. £~hei/~TA~'$'~A) , NAME(S) OF SIGNER(S) / [] personally known to me - OR - [~.proved to me on the basis of satisfactory evidence to be the person(s-), whose name(s)-is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hie/he, heir authorized capacity(ies), and that by hi-~!he~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. / SIGNA""TURE OF NOTARY ' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER )~ INDIVIDUAL CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-TORNEY-IN-FACT ~[~ TRUSTEE(S) GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER TH'AN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" SEWER ACCESS EASEMENT LEGAL DESCRIPTION 159 AN EASEMENT FOR ACCESS PURPOSES OVER, UNDER, ALONG &ACROSS ALL THAT PORTION OF THE COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.326, FILED IN THE OFFICE OF THE COUN'I~ RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT 60.00' FEET NORTHERLY MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF SAID 8TM STREET AND DISTANT EASTERLY 40 FEET MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF "E" STREET PER SAID MAP; THENCE SOUTH 72041' 18" EAST A DISTANCE OF 343.04' FEET; THENCE SOUTH 72°48'09" EAST A DISTANCE OF 60.02 FEET; THENCE SOUTH 15o36'25'' WEST A DISTANCE OF 60.03' FEET; THENCE SOUTH 72°48'09"EAST A DISTANCE OF 602.13' FEET; THENCE SOUTH 17°11'51" WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 72°48'09'' WEST A DISTANCE OF 660.99' FEET; THENCE NORTH 15o33'57'' EAST A DISTANCE OF 40.02 FEET; THENCE NORTH 72041' 18" WEST A DISTANCE OF 342.96' FEET; THENCE NORTH 15o30'28'' EAST A DISTANCE OF 60.03 FEET TO THE POINT OF BEGINNING. PE704 EXHIBIT "B" 1595 LIJ POB N72'41'18"W 343.04' 265-34J-20 96 342',18,, N72'41 NJ5'33'57"E 40.02 N72'48'og"w 60.02' S15'36'25"W 60.03 S72'48'09 265-341-t3. S72'48'09"E PARCEL STREET 602.13' 60.99' (CLOSED) S17't~'51"~ 40.00 -lq- GRAPHIC SCALE 1 "=200 ' 0 200 4OO 600 PASCO (858) 259-82J2 535 N. HWY JOt, STE. A SOLANA BEACH. CA 92075 PE704