1992-343263
, RECORDING REQUESTEL Y: ) ~,.,~19#~2-
03--JUN-1992 08=41 AM
City of Encinitas ~
) OFFICIRL REGORDS
> SP,{a QIEGO CDIINTY RECOitDER'S GfFICE
when Recorded Mail To: RIdNETTE EVRNS, COUIdTY RECORDER
City Engineer ) FEES: t 0100
City of Encinitas ) oC
527 Encinitas Blvd.
Encinitas, CA 92024
, ACCESS EASEMENT
Assessor's Parcel N~ot'IPX *P~ro~~j~ect No. TPM 8 8"- 0 5 2 ~
No. 264-030-53 OOOVh1EN W. O. No. 2559PM ~
Auerbach Trust AgreemPnt
recorded March 20, 1992 as File/Paqe No. 92-0156003 _
(hereinafter "GRANTOR") hereby grants to Cardiff Sanitation
D' t ict
: (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 deseribed 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 r;eal 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" 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 . SCANNED
e'j 9 1 or use gates
GRANTEE may, in ole discretion, erect, ma( .ain,
itl
in all fences'which now cross or later cross any Portion of the
cut or clear
` easement. GRANTEE shallal~hereveentitled getationtortflora from time to
away any trees, brush, or otime as GRANTEE determines in its sole discretion without any
additional compensation. _
GRANTEE shall be entitled to partition, assign, joint venture, or
ortion of said easement with any other public
share all or any p
agency or utility but not limited to, any agency
ig,
supplying'water or sewer services or facilities to the public as
GRANTEE may determine in its sole discretion without paying any
additional eompensation to GRANTOR or GRANTOR's heirs, successors,
or assigns, therefor.
the parties that the GRANTOR
it is also understood and agreed by
o decreasedn the increase
:
and the GRANTOR's heir~', to cbes increaseds r
the
or decrease or perml
elevations within the abovs-described easement which eTio written
time this document is executed, without obtaining the p
consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or
• . r
, . . . No.5179
; ALL-PURPOSE ACKNOWLEDGMENT
ssssssssss
. ~n ~ s ' ` State of CA~. ►+~o czia 1 ta hr f' CAPACITY CLAIMED BY SIGNER
,
County 0 INDIVIDUAL
j of Sa►rJ 1~ ~ECO 7
CORPORATE
' ~ L£,N N M 1 C4l A~L ATTN EV~I S , OFFICER(S)
On S- 22- DATE g2 before me, 1 ` NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC TITLE(S) PARTNER(S) ❑ LIMITED
personally appeared AM, NnM> oF sa'N REis'RaA~ oRNev-iN-O GENERAL
cT
I
4❑ personally known to me - OR X_P1r,0Vto ed to me on the basis of satisfactory evidenc TRUSTEE(S)
be the person(s) whose name(s) isla
GUAR DIAN/CONSERVATO R
subscribed to the within instrument and
acknowledged to me that he/she/they ❑ OTHER:
executed the same in his/her/their
authorized capacity(ies), and that by
OFF'fClklSEAL
. CIENN 91CNAEI ~iA'tT~E'WS his/her/their signature(s) on the instrument
^ , . • ' r►otAaro PuetIC C-ALiFORruAA
pRlHCEPAa.OFF1CE IN the person(s), or the entity upon behalf of SAG oER R oREoRESENES~NG:
~"D1E°O~1""'' which the person(s) acted, executed the
' 199:'i
t~y Canm~ssion Exp OQ. 2
4, instrument,
Witness my hand and offiicial seaL
i ~ Q-~-~---
I SIGNATURE OF NOTARY
! ATTENTION NOTARY: Although the information requested below is OPTIONAL, it couid prevent fraudulent attachment of this certificate ro an unauihorized document.
'II THIS CERTIFICATE Title or Type of Document
MU.ST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other than Na _
AEL
07992 NATIONAL NOTAR 4• Canoga Park, CA 91304-7184
Ul~tz'lc 1ianager
Cardiff Sanitation District
' - rw P611WCIPAL OFi'l6E iN
3AN S3400 190UPITY
3 My Commmioa► Exp. flct. 24,
'ON
ldt~'~ ~N~
I _
,~.A.f
- 59 s
EXHIBIT A
LEGAL DEaCR I PT I C]IV
PARCEL A ~
The Nnrth 30.00 feet af Parcel 2 of Parcel Map No. 3278, i n the
Gi. ty of Enci ni tas, County of San Di ego, State of Cal i f orni a,
fi l ed i n the CJ-f f i ce of thie County Recorder of sai d GQUnty on
December S, 1974 as Fi1e/Page No. 74-318065 of Of•ficial
Records.
SEE EXHIBIT 8 ATTACHED HERETQ AND MADC A PART f-IEREDF
~ . ~~f ~ ~ ~ . . . . ~ . . ~ . ~ . . - . . . . . .
I . . . . . . . ~ . . . . . .
I . ~ . . . . . . . . . . .
~ . . . . . ~ . . . ~ . . ~ ~ ~
I . . . . ~ . ~ . . . . . . . . . . ~ .
j . . . . . . . ~ .
; ~.,,HIBIT P~ 594 ; ~ .
TA.A,-r o~ Pp-e-~ z,
M NP M0. 3Z? 8 IZ's/ z4
/~S F~P Z4-312.x~~ c>r- O.Z.
v
PAV-c.EL p.
~
,
AP~1: zco4 - 03~ - 53
a~►~: AvER-MAc.H
WbRTN
;
, F SDC.7
; .
~Z~E`PIRR.iEO 8't~ ~ L7A~2-`~ '
OF