2005-196785 25456 DOC # 2005-0196785
• , 'RECORDIId(3 REGUESiED BY 1 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
3/4/05 MAR 09, 2005 4:08 PM
WHEN RECORDED MAIL TO: OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Kurt T.and Elizabeth M.Lievers FEES: J.S 0100,COWA S:RECORDER Z
675 Requeza Street OC: NA
Encinitas,CA 92024 PAGES: 9
ev APN: 259-130-28,37 1 loll UIII Bill 11131111101111 pill Hill oil Hill Hill 11111II1 Hill oil I
2005-0196785
EASEMENT FOR ROAD AND PUBLIC UTILM PURPOSES
IP COVENANTS RUNNING WITH THE LAND
The parties hereto intend that this deed supersede that Easement Deed recorded in the Official
Records of the San Diego County Recorder's Office as Document#2004-0575707, inasmuch as
said deed contains an error in the description of Parcel 1. That error has been corrected by means
of this Amended Deed,with the consent of all of the Grantors and Grantees.
FOR VALUABLE CONSIDERATION,the sufficiency of which is hereby acknowledged,
James P.E. Waggaman and Kathryn A.Harris(hereinafter"Grantors'j,being the owners of that
real property located at 305 Princehouse Lane, Encinitas,California,commonly referred to as San
Diego County Assessor's Parcel No.259-130-28 and fully described in Exhibit"A"attached
hereto and incorporated herein by this reference,hereby grant to Kurt T.and Elizabeth M. Lievers
(hereinafter"Grantees")an easement for road and public utility purposes, including the right to
install and maintain pipelines serving said utilities,to be used in common with Grantor and
others,over,under,along,and across the land described as follows:
Parcel 1:
The Westerly 525.00 feet of the Northerly 12.00 feet of that property described as
follows: The South Half of the North Half of the NorthWest Quarter of the NorthWest
Quarter of the NorthWest Quarter of Section 14,Township 13 South,Range 4 West,San
Bernardino Base and Meridian according to United States Government Survey approved
April 19, 1881, in the City of Encinitas,County of San Diego,State of California,shown
as the property owned by James P.E. Waggaman and Kathryn A.Harris on Record of
Survey Map No. 17019 recorded 06/08/2001.
Parcel 2:
The Westerly 20 feet South of the Northerly 12.00 feet of that property described as
follows:The South Half of the North Half of the NorthWest Quarter of the NorthWest
Quarter of the NorthWcst Quarter of Section 14,Township 13 South, Range 4 West,San
Bernardino Base and Meridian according to United States Government Survey approved
April 19, 1881, in the City of Encinitas,County of San Diego,State of California,shown
as the property owned by lames P.E.Waggaman and Kathryn A. Hams on Record of
Survey Map No. 17019 recorded 06/08/2001.
Parcel 3:
That portion of the real property located at 305 Princehouse Lane,Encinitas,California,
commonly referred to as San Diego Assessor's Parcel No.259-130-28 and fully
described in Exhibit A attached hereto and incorporated herein by this reference,
I
25457
described as follows: South of the Northerly 12.00 feet of said property and East of the
Westerly 20.00 feet of said property and within(i)the area of the common driveway
shown and labeled as"Existing and Proposed New AC Pavement"upon that portion of
Sheet 2 of 4 of the Grading plan marked as Exhibit C and attached hereto and
incorporated herein by this reference,and(ii)the present Southerly extension of such
area to the Southern boundary of said property, but excluding the area of the branching
driveway serving the Easterly portion of said property shown and labeled as"Existing
Driveway"on said Exhibit C.
The easement is appurtenant to,and for the benefit of,that real property owned by Grantees Kurt
T.and Elizabeth M. Lievers located at 311 Princehouse Lane, Encinitas,California,commonly
referred to as San Diego County Assessor's Parcel No.259-130-37 and fully described in Exhibit
"B"attached hereto and incorporated herein by this reference.
The parties, in entering into this grant of easement,further agree as follows:
A. Neither Grantors nor Grantees shall install or affix within the boundaries of the
easement any item that obstructs, interferes,or is otherwise inconsistent with the
easement's intended purposes.
B. This grant of easement shall be binding upon and inure to the benefit of the parties
hereto and to their respective heirs,personal representatives,successors and assigns.
Each and every obligation hereto and the benefits the respective parties derive from
said obligations and conditions shall constitute covenants running with the land in
accordance with the terms and provisions of Section 1468 of the California Civil
Code, shall burden and benefit the lands as described above,and shall,for the life of
the above referenced grant,bind the successors,heirs,and assigns of the parties
hereto.
This instrument contains the entire agreement between the parties relating to the rights granted
herein and the obligations assumed hereby. This agreement may only be modified by a written
agreement mutually signed by parties or their successors hereto and recorded in the official
Records for the County of San Diego.
2
25458
IN WITNESS WHEREOF the parties hereto have executed this easement agreement as of the day
and year set forth below.
"GRANTORS"
APN 259-130-28–James P.E. Waggaman and Kathryn A.
Dated: �-
aBgam
Dated: OS�
K A. Harris
"GRANTEES"
APN 259-130-37–Kurt T.and Elizabeth M. Lievers
Dated: All
levers )
Dated:
ElizabettrM. Lievers
3
25459
ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On J Or before me, JJfAL (r&K7,
1 ATEI ' / INITfARY)
personally appeared S m 07� 65 , !/VCS u 4 W1 A cif
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NFRi51
❑ personally known tome - 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
acknowledged to me that he/she/they executed
the same in his/her/their authorized
/ -------� capacity(ies), and that by his/her/their
7 OFFICIAL SEAL signatures(s) on the instrument the person(s),
7 NOTARY PU L GANZ or the entity n behalf of which the
COMM.B 1
NO.1309685 y u p
SAN DIEGO COUNTY on
acted, executed the instrument.
MY COMM.EXP.JULY 16,1006
WITNESS my hand and official seal.
NOTARY'SSIONArURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
nn EIS)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
❑ OTHER:
OTHER
Se
SIGNER IS REPRESENTING: RIGHT THUMBPRINT e
NAME OF PERSON(S)OR ENTtrY(IES)
OF r
SIGNER s
S
APA S199 VALLEY-SIERRA. 800.362-3369
25460
ALL-PURPOSE ACKNOWLEDGMENT
State of California
San Diego
SS.
Countyy�of g
On /' l� C� �¢� aW5 before me, Ash Nlekle
(DATE) (NOTARY)
personally appeared 1togn1 f ✓1 98810"/5
5 ERM
❑ personally known tome OR - , 'proved to me on the basis of satisfactory
evidence to be the person
'whose name
is/are-subscribed to the within instrument and
acknowledged to me that4wlsheAhey executed
SE the same in h.is/her/t4oir authorized
Y
OFFICIAL NICKLE ca acit and that b ll.is/her/t. a4f
ASH NICKLE P YG�� Y
NOTARY signaturek<on the instrument the persop<,
SAN DIEGO COUNTY or the entity upon behalf of which the
MY COMM.EXP.DEC.26,2008
....... persogKacted, executed the instrument.
WITNESS my hand and official seal.
SIG
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TFrLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATEOFDOCUMENT
❑ OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHTTHUMBPRINT Z
NAME OF PERSON(S)OR ENTITY(IFS)
OF
SIGNER o
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M
APA 5/99 VALLEY-SIERRA. 800-362-3369
25461
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
San Diego } ss.
/� �h
On 1'IPtreS before me, Ash Nickle
(I?1lE) .,�1. -7- (NOGRY)
personally appeared kyr'/ ! e L;PyPr,-5
SIGNER(S)
❑ personally known to me - OR proved to me on the basis of satisfactory
evidence to be the persor[ 4 whose name(-.T
is/aee subscribed to the within instrument and
acknowledged to me that hekkeittmy executed
OFFICIAL SEAL the same in his/keT tlTett authorized
ASH NICKLE capacity(eeS); and that by his/ rr
�y
NOTARY COMM. O.IW8900 si natures on the instrument the erson
COMM.N0.1538900 g � P fer
SAN DIEGO COUNTY or the emit u on behalf of which the
MY COMM.EXP.DEC.26,2M Y P
perso acted, executed the instrument.
WITNESS my hand and official seal.
� NOTA IGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
Trrms)
❑ PARTNER(S)
❑ ATrORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ (YTHER:
OTHER
e
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSONS)OR ENTrrY(IFS)
OF E
SIGNER e
a
a
APA 5199 VALLEY-SIERRA. NO-362-3369
25462
ALL-PURPOSE ACKNOWLEDGMENT
State of California I
.
San Die ss.
County of g o
+h
On MO e'(h before me, Ash Nickle
IDATEI q,, (NOTARY)personally appeared Ell 1 uJ. 1-1�°I/n�1
' GNERIA
❑ personally known tome OR - 2Cproved to me on the basis of satisfactory
evidence to be the person whose namekW
is/w.subscribed to the within instrument and
f acknowledged to me that ke/shektruy executed
ASH NICKLE the same in h4 -r authorized
ASH NICKLE
NOTARY PUBLIC-CALIFORNIA, capacity(jes.), and that by 4ris/her1, 4N�;:
x COMM.NO. 1538900
SAN DIEGO COUNTY signature5S)-on the instrument the persort.(s)7
MY COMM.EXP.
- - - ----1 or the entity upon behalf of which the
mow• persons acted, executed the instrument.
WITNESS my hand and official seal.
NCTARTSS40NATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
nnE(s) i
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
❑ OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT e
NAME OFIPERSON(S)OR ENTRY()ES) `n
OF E
SIGNER o
S
• APA 5N9 VALLEY-SIERRA. 800.362-3369
25463
EXHIBIT A
(Waggaman/Herris Property)
The South Half of the North Half of the NorthWest Quarter of the NorthWest Quarter of
the NorthWest Quarter of Section 14,Township 13 South,Range 4 West, San Berardino
Base and Meridian according to United States Government Survey approved April 19,
1881, in the City of Encinitas,County of San Diego, State of California,shown as the
property owned by James P.E. Waggaman and Kathryn A. Harris on Record of Survey
Map No. 17019 recorded 06/08/2001.
APN 259-130-28
I
4
25464
EXHIBIT B
(Lievers Property)
The Easterly 218.77 feet of the North Quarter of the NorthWest Quarter of the NorthWest Quarter of the
NorthWest Quarter of Section 14,Township 13 South,Range 4 West,San Bernardino Base and Meridian
according to United States Government Survey approved April 19, 1881,in the City of Encinitas,County
of San Diego,State of California,shown as APN 259-130-37 on Record of Survey Map No. 17019
recorded 06/08/2001. Together with the Southerly 20 feet of(excepting therefrom the Easterly 218.77 feet)
of said North Quarter of the NorthWest Quarter of the NorthWest Quarter of the NorthWest Quarter of said
Section 14.
APN 259.130-37
5