1993-659747 (2)
' RECORDII~,TG REQiJESTEL'' -Y: )
L R I~ Ir 6 PASCC ENGINEERING . ~ ~ ~r
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. 535 N.HWY 101, SUITE A
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SOLANA BEt1CH, CA 92075 F
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When Recorded NI31.1 TO : {~'rT~•- r~~3~ ~n~~~irv ~~t.~~~~i'~+-~,
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CARDIFF SANITATION DISTRICT n
505 S.VULCAN AVE. ~
ENCINITAS, CA 92024 ~
ACCESS EASEMENT '
Assessor's Par. cel Proj ect No. TM 92-101
No. 264-030-32 W a O. No . 3478ry_1/CS 1.54
~ GARY L. BUKAMIER
(hereinafter "GRANTOR") hereby grants to
_ CARDIFT SANTTATT(1N DT.STRTCT
(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 CRANTEE may now or hereafter determine in its sole discretion
without any additional compensation therefor, tagether 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 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 cr
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
531
,
. GRANTFE may, in i( sole discretion, erect, m:Ztain, or use gates
in all fences whi,-n now cross or later cross any portion of the
easement. GRA.NTEE shall also be en"titled to trim, cut, or clear
away any trees, brush, or other vegetation or flora from time to
time as GRANTEE determines in its sole dis.cretion without any
additional compensation.
GRANTEE sha11 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 GR.ANTOR
and the GRANTOR's heirs, successors, or assigns, shall not increase
or decrease or permit to be increased -or decreased the ground
el.evations 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 commenred, 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 detex-mined 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 lS day of XWNE~
' 19 ~3 .
GRAVTOR:
, BY :
GARY . BUKAMIER
[Signature of GRANTOR must be notarized. Attach the appropriate
acknowledgement].
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DI5TRICT, a
' political corporation and/or governmer.tal 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 't *SSH authorized officer.
Dated :
W N ER,'District Manager
ardiff Sanitation District
m12723
}
' STATE OF CALIFORNIA . }ss. 532
COUNTY OF jr4-N T)/~GD } -
' E On .-77/~vE IS' l~l~l3 before me, ~~A-N~c~'f ~ Sw~ENSoN
o .
U ` ~
g personally appeared
,r. personally known to me (or proved
~
a 4 to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
LL 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 behaff of which the
w
L
q person(s) acted, executed the instrument. on
' I NIA
~ r WITNESS my nd and official al 1994
c.?
. O C,
M Signatur ,
~ (This area for official notarial seal)
I ~
533 EXHIBIT "A"
AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROS3 A 32.00 FOOT WIDE STRIP OF LAND WITHIN PORTIONS OF
PARCEL 1 AND 2 OF PARCEL MAP 16913 AS ADJUSTED PER CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 29, 1993 AS FILE/PAGE 93-0059447 AND
PARCEL 3 AND 4 OF PARCEL MAP 16913 AS ADJUSTED PER CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 29, 1993 A3 FILE/PAGE 93-0059449 SAID
CERTIFICATES OF COMPLIANCE BEING SHOWN ON RECORD OF SURVEY 14100
ALL IN THE CITY OF ENCINITAS, COTJNTY OF SAN DIEGO, STATE OF
CALIFORNIA THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID ADJUSTED PARCEL 1 BEING
THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A
RADIAL LINE TO SAID CURVE BEAR3 N 00052128" E; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE 102.46 FEET THROUGH A CENTRAL ANGLE OF
29021108" TO A POINT OF A REVERSE 200.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 197.02 THROUGH A
CENTRAL ANGLE OF 56026131"; THENCE N 63047'05" E 16.81 FEET TO THE
POINT OF TERMINUS.
THE SIDELINES OF 3AID STRIP TO BE PROLONGATED OR SHORTENED TO BEGIN
IN THE WESTERLY LINES OF SAID ADJUSTED PARCEL 2 AND 4 AND END IN A
LINE THAT BEARS N 16050'16" W AND PASSES THROUGH 3AID POINT OF
TERMINUS.
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