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1997-414926 (2) RECO CARDIFFNSANI~TATIOND t3Y : j ~,D ~ 19~ 7-0414 ~ ~ 26 DISTRICT AIJG , 1997 12g53 Pri When Recorded Mail To: cit of Encinitas OF'~'irIAL RECL1RJS y SAN DIE~ ~O ~.D~i~iTY REC~1RDEf~9S OFF~~,~ 505 S. Vulcan Ave. GRE60RY L SrilTHn COUNTY RELPORDER FzESe 0. 00 Encinitas, Ca. 92024 ) r~ Attn : City Clerk OC_ MA For the benefit of the District IN 111111 IIIIIIIIIIIIIIIIIIIII I I III _ a ACCESS EASEMENT 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. L1oyd 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, mairitenance, and use of an access road at such location and elevation, upon, along, and over the right-of-way deseribed 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 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 SA""ANNED , '.1948 GRANTOR, its heirs, successors, or assigns, a11 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 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 diepute 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. I m12723.doc bak 8-12-96 ~ r -f1Z49 Executed this da.y of 1Od OWNER: _ gy • _ ~ CHRISTOPA R. 0~~, U EE OF THE GREGORY TRUb UNDE THE WILL • OF MARGARITA Z. LLOYD DATED - SEPTEMBER 11, 1980 CHRISTOP R S. YD ~ t BY: GRE RY LE . . 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 the recordation thereof by its duly authorized officer. ~ 7 , Dated : ~ ~ ~ ~ UREN WASSERMAN, Distri Manager Cardif€ Sanitation District- tf/04/cov2-251wp5 (3-18-91/1) r 1260 STATE OI` CALIFQRNIA. )SS. CQUNTX OF SAN DTCGO) ~ On July 1.4, 1.997, before me, Ancjrea D. Maraslca, personally appeared Christapher S. Lloyd, personally 1<nown to me (or provec3 to me on the basis of satisfactary evidence) to be the person(s) whose name is/are subscrihed to the within instrument and acknowledgeci to me that he/she/they executed the same in his/her/their authorized capacity(ies), anci that by his/her/their signature(s) on the instrument the person(s) or the entrty upon behalf c>f which the person(s) acted, executed the instrument. W:ITNESS my hand and official seaL IINDREAD.MAFiASKA~ COMAA. 98 ~ . ~ n~ ~ ~ m Expkos Signature V~°~ ~ ~ SER tt. t~7 ~ , bi (This area for official notarial seal) ' STATE OT' CAT,ITORNIA )SS. COUNTY OF SAN DIEGO ) - ~ On July 14, 1997, before me, Andrea D. Maraslca, personally appeared Christopher S. Lloyd persona(ly lznown ta me (or proved to me an the basis of satisfactory evidence) to be the person(s) w:hose name is/ar.e subscribed to the within instrument and I aclcnowleclged to 1ne that heJshe/they executed the same in his/her/their authorized capacity(ies), ailcl that vy his/her/their signature(s) on the instrument the person(s) or tbe entity upon behalf of which the persan(s) acted, executed the instrument. WITNESS xnq hapd and o£f.icial seaL IINDiEI►QMARAgI M. #1006598 ~ Conarva~~an E BEb9 npu,~~ a ~1, 1~~T.~ PM-AAALA- Signature (This area for official notarial seal) ~ CALIFORNIA ALL-PURPOSe ACKNOWLEDGMENT ; F 1251 State of County of ~ ~IR40 On P 19-k) before me, ~ nk39~1 Date Name and Title of Officer (e.g., "Jane D, Notary Public") personally appeared ~ 6xxV 6~* me(s) of Signer(s) Lpersonally known to me - OR - to be the person(,§~ whose nameW i~a*e-subscribed to the within instrument and acknowledged to me that&414e4hey executed the same in is horized capacity~Dg), and that by hi signat reKon the instrument the person,Q~, j ~~~A. ~2766 Q or the entity upon behalf of which the person(~ acted, G:' ;~dRN1A executed the instrument. c i oa `P n ``m. Exp. Oct. G. 2000 ~ WITNESS my hand and official seal. Jp1A. ~ .Comn.#1112766 Siga otary Public ItRY RIlBLiC - CALIFLiPW1A~„~ 01Ea0couc~ OPTION am • Th qT7re by law, it may prove val able to rsons relying on the documenYand could prevent fraudulent removal and reattachment o this f to another document. Description of Attached Document Title or Type of Document: SKIVAIL Document Date: ( 1ct Li -1 Number of Pages: Signer(s) Other Than Named Above: - A/,A Capacity(ies) Claimed by Signer(s) Signer's Name: tw Signer's~Na ❑ Individual ❑ Individual ❑ Corporate Offi r ❑ Corporate Officer Title(s): Title(s): ❑ Partner - ❑ Limite ❑ General ❑ Partner - ❑ Limited ❑ eral ❑ Attorn ey-i n- Fact ❑ Attorney-i n- Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator . ❑ Other: To of thumb here ❑ Other: Top of th b here Signer Is Representing: Signer Is Representing: O 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . i. ' . . . . . , . . . . ~ ~ . . . . . . EXHIBIT 'A' .fi 1262 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 3000'57° A DISTANCE OF 30.00 FEET (3000'58" - MAP 12816) TO A POINT, A RADIAL TO SAID POINT BEARS NORTH 67°37'47° EAST; THENCE LEAVING SAID CENTERLINE SOUTH 69006'03" 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; RIGHT OF WAY THENCE SOUTHERLY ALONG SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 3011' 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 , . . . . . . ~ ~ f. l i . . . . . II . . . '•`i~ .~j 1:1. V t ~a } - v p : } I LD D. HARV Y, JR. ^3~,~S ~92 . L. . 5292 EXPIRES 12/31 / 9 9 c„ r . . . i . .r<~~/' ~ . - - ~ . - ` n . . . .~^lj ~ T, . i . . . . . . . . . . . . . . . . . ~ . . . _ . . . . ~ . 100 . . . O . . 100 . 200 . - 1 L . . . . . . . DOUBIF~ Htla-~W ~ auvrNhairv Ra"`" `m. 1 INCH = 100 FT. ~ 4h,~ o 1253 Z QdGNITAS VICNw MAP I I NTS I I ~ II I I \9` JVl AP J 2 J J J 0 03*lf ie" I , I L D-r t I► R=sao.oo L=30.05 A.P.N. 264-241-07 N6T3747'E(Rj ~ ~ ~ • ~ ~ p_0300'57" R=570.00' L=so.oo'~ _rr7o'3s' '~(R) ~,'t~'",~n. ~ a~ .n~ ~ ~`~p"• ~ P.O.B. - ~ SE CAR. LOT 7 ROAD F11`E r ~ l AND SU 9-7-1961 a&- CS1~ 15596z QR. pALE itq,f,'~LF : ll~ ^ < / I I C,~~, i JVJAr' 13320 xp, 1 1~. ~ \ I I A.P.N. 264-240-30 No. 5292 I ~11ER EA`~. ~ ~ l ! 2-12-1993 93-926536 O.R ~ \ \ LFGAL DESCRIP110N ~ A POR110N OF LOT 7 OF THE SUECIVISION OF 1RACT 87041, ACCOFd.1NG TO MAP a ACCESS FJaSTENT TtiFROF N0. 12816, FLfD N 111E OFFlCF OF T11E COUN17 RECOFdER OF SAN DEGO 4,381 SQ.fT. COUNTY, MAY 21, 1`i91, AS MCM BY CFRMCATE OF COhPIJANCE'S RECOFUD FEBRUARY 19, 1993 AS DOG NO.' S 1993- 0106697 AND 1993-- 0106698, 0. R., N TmE GTY OF FNGNfTAS, COUNTY OF SAN DEGO, STATE OF CALFORNA. PLAT TO ILLUSTRATE ACCESS EASEMENT ~ ~ aM & assouaTEs, wc. DUIIBIT "B" 605 3rd STI~'f I~ ENGNITAS, CA 92024 (619) 942-5147 1 I 860EATA.DVG 8-23-96 ; ; .