1992-343262 (2)
RECORDING REQUESTE~ :.3Y: ) ~ ~ 1992~0343262
) 03--JUN° 1992 0$ :41 A'N
City of Encinitas ~
) OF'FICIRL RECORDS
) 5 H~ SAN DIEGO COUNTY RECORaEk'S OFFICE
When Recorded Mail To: ) ANEIETTE EVAFISi COUMTY RECII(tDER
City Engineer ) fEESe 0.00
City of Encinitas } Hf1
527 Encinitas Blvd.
Encinitas, CA 92024
ACCESS EASEMENT '
052
Assessor's Parcel SAR`( Project No. TPM 88-
~g f
No, 264-030-32 W. O. No. 2559PM
Garv L Bukamier ~
(hereinafter "GRANTOR") hereby grants to Cardif-f 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 subject to said
easement and right-of-way by this grant zs situated in the City oz
Encinitas, County of San Diego, State of California, and is more
particularly described"as follows, to wit:
SEE EXHIBITS "A" AND "B" A'PTACHED HERETO AND MADE A PART HEREOFe
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 we31s on any portion of the
easement.
m12723 :
, SCANNED
INDIVIDUAL ACKK'OWLEPGMENT J $ r
State of l/ A&ie~✓~~" On this the ~ day of 19_fZ; before me,
• SS.
couw(vof
the undersigned Notary Public, personally appeared
~¢-i~.~/ li • ,~v/G4- M~~""2. '
/
~ p personally known to me
pFFtC1l4L SEl4L X proved to me on the basis of satisfactory evidence
BARRY H. ELIAS -
° Notary Pub11C-CaNfornla to be the person*whose name(*--AS subscribed to the
ORANGE COl1NTY within instrument, and acknowledged that---~"'executed it.
~ My Commlaalon Explres
qUg~st 2T, 1993 WITNESS y hand and official seal. '
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIOMAL/, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document
THIS CERTIRCATE
MUST BE ATTACHED Number of Pages ~ Date of Document ~S
` i TO THE DOCUMENT frj/
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
~ NATIONAL NOTARY ASSOCIATION~• 8236 Remmet Ave • P.O. Box 7184 • Canoga Park, CA 91304-7184
586.
- GRANTEE may, in iti ~ole discretion, erect, ma'.: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
additionai compensation to GItANTOR or GRANT0R'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
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 commenced, or if any arbitration proceeding,
administrative proceedinq 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
194),- _
j GRANTOR:
OFFICIA~ L SF~.AL
BARRY H. EL1AS
y=~ ' Notary PubllaCalifornla Gary . Bukamier
ORANGE COUNN
• My Commission Exp Ires
Auqust 27. 1993
[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 DISTRICT, a
political corporation and/or governmental agency is hereby accepted
L 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 .
WARREN H. SHAFER, District Manager
Cardiff "Sanitation District
m12723
t;
~
rXHIBIT A 5 8 6
PARCEL A
A 30.00 font wide strio ot land lvinp within the Northwest
Quarter af. the Southwest Quarter o+ the $outhwest Quarter of
5eeticrn 4. i"ownship 13 Snuth. FZanne 3 West, 5an Ber-nardino Hase
and Mer-idia;n, in the Citv of Ehcinitas. Gountv of 5an Diecao.
atate of Cal i forni a, accordi no to Uni ted States Government
Survev. the West line of said 30.00 foot strip o-F land beina
described as follows;
Beoinnina at the Southwest corner of said Northwest Quarter o+
the SDU'rIlWeS't Quarte►^ of the 5authwest Quarter o-F Secti on '4;
thence alano the West boundarv line of said Northwest
Quar-ter of the Southwest Quarter of the Southwest Gtuarter of
Section 4, North 010 53' 29" East 355.50 feet tn Point A and the
PD I NT QF TERM I NAT T C1N .
"T'he 'si del i nes o+ sai d 30.00 foat wi de stri p of 1 and to be
prolonoecl ar shortened so as ta create a continuous strin at
1 ancl 30.00 feet i n wi dth cammenei na a,t a I i ne that bears South
890 14' 38" East from trie F'DINT OF HEGINNTNG and terminatinq at a
line that bears South 890 07' 23" East from thie PDINT OF
TERM I IdAT I ON.
PARCEL H
A32. UG foot wi de stri o ot 1 and 1 vi no wi thi n the Nor-thwest
Gluarter of the 5outhwest Gluar-ter of the Southwetit Gluarter o+
SectiDn 4. Tawnship 13 5outh, Ranae 3 West. 5an Bernardirio Base
and I'1er-idian. in the Citv of Encinitas. Countv of San Die4o,
State n+ California, accordina tn United States Government
ra'urvev. the centerl i ne of sai d32. 00 f oot wi de str i p of 1. and
beinU described as fnllows;
BeQinnina at thE herei.nabove described F'oint A; thence South
e9° 07' 23" East 350.12 feet ta the POINI" OF TERMINATION.
The sidelines af said 32.00 foot wide strio of land to be
prolonaed or shortened so as to create acontinuous striQ nf
i and 32.00 feet i n wi dth cnmmenci nq at tfie West bcsundarv 1 i ne nf
sai d fVarthwest Quarter of the 5outhwest Quarter- af the 5outhwest
Quarter o+ Section 4 anci terminatina Easterlv in a line that is
aer-pendi cu1 ar to the centerl i ne af sai d 32.00 fant stri o and
oasses thrauqh the PDIN7 OF 7ERMINATTQN.
PARCEL C
The South 30.00 feet nf the fVorthwest Quarter a-f the Southwest
Quarter of the 5outhwest Quarter a-F Section 4. TownshiQ 13
South, Ranqe 3 West. 5an Bernardino Base and lheridian, in the
Citv of Encinitas. Countv af San Dieao, State of Cali+ornia.
accordi, na ta lJni. ted States Gnvernment Survev.
SEE EXHIHIT B ATTACHED HERETO AND MADE A PARI` HEREDF
~ EXHIBIT 584~
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