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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 VV 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 0 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