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2004-575708 15507 . DCC # 2004-0575708 6"1104 JUN 21v 2004 2 : 11 PM RECORDING REOUESTED BY WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAH DIEGO COIAIIY RECORDER'S OFFICE James P.E. Waggaman GUM J. SH1TH, COUNTY RECORDER Kathryn A.Harris FEES: 37.00 305 nitas Princehouse 9 Lane 4 I OC. 11A Encinitas CA 92024 \IIII�I�IIIIIIII�� III VIII VIII VIII �I 1IIII��I� InI� ,J, I��I RAYS: APN: 259-130-37, 28 EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES COVENANTS RUNNINMEM ANSFER TAX FOR VALUABLE CONSIDERATION,the sufficiency of which is hereby acknowledged,Kurt T.and Elizabeth M. Lievers(hereinafter"Grantors"),being the owners of that real property 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"A"attached hereto and incorporated herein by this reference,hereby grant to James P.E.Waggaman and Kathryn A. Harris(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 440.00 feet of the Southerly 12.00 feet of that property described as follows:That portion 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 Apri l 19, 1881, in the City of Encinitas,County of San Diego, State of California, shown as the property of Troy and Ann Lock on Record of Survey Map No. 17019 recorded 06/08/2001. Parcel 2: That portion of the real property located at 311 Princehouse Lane, Encinitas,California, commonly referred to as San Diego Assessor's Parcel No.259-130-37 and fully described in Exhibit A attached hereto and incorporated herein by this reference, described as follows: North of the Southerly 12.00 feet of said property and within 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 for Lock Residence, marked as Exhibit C and attached hereto and incorporated herein by this reference. The easement is appurtenant to,and for the benefit of,that real property owned by Grantees James P.E. Waggaman and Kathryn A. Harris 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"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. IN WITNESS WHEREOF the parties hereto have executed this easement agreement as of the day and year set forth below. "GRANTORS" APN 259-130-37—Kurt T.and Elizabeth M.Lievers Dated: &7 I O Ku Lieu Dated: ld/yzov� �i7f -�lla�cr cc.C_ 1 Eliza M. Lievers "GRANTEES" APN 259-130-28—James P.E.Waggaman and Ka s Dated: 4 , t'1• e 1 . . Wa Dated: 17' ay P1 . kKa rYn A. Harris 2 - 15508 ALL-PURPOSE ACKNOWLEDGMENT State of California o Die g } County of San On g 0 .a�aA before me, Koren Moriarty ( rEl turmRn personally appeared =nognc P., . Qa nrmn rand SIGNERM ❑ personally known to me OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 41are subscribed to the within instrument and acknowledged to me that bo Ake/they executed the same in h-i+,tjhcr/their authorized capacity(ies), and that by h4sfher/their KOREN MORIARTY signatures(s) on the instrument the person(s), COMM.#1364991 the entity upon on behalf of which the U NOTARY PUBLIC-CALIFORNIA or SANDIE00 CF�NTY acted, executed the instrument. My Commission xpires p erson(S) JULY 15.2006 I WITNESS my hand and official seal. V V ARY'S SIC 1 E 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 nI LIM ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHERS SIGNER IS REPRESENTING: RIGHTTHUMBPRINT g NA ME OF PERSON(S)OR ENTrrY(IFS) OF $ SIGNER s APA 5y9 VALLEY-SIERRA, 600.362-3369 15510 ALL-PURPOSE ACKNOWLEDGMENT i State of California County of San Diego SS. On ��xy %W _'20LY-� before me, Koren Moriarty 1UE I t.( ARYI personally appeared )6t w-N —S ' P yr ca SIGNER(SI ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personW whose nam*) is/ane subscribed to the within instrument and acknowledged to me that he/sha4hey executed the same in his/hethfreir authorized capacity(aes , and that by his/harftheir signatures(s*on the instrument the persort(T), or the entity upon behalf of which the KOREN MORIART/ " COMM. #1364991 person(a 'acted, executed the instrument. V NOTARY PUBLIC-CALIFORNIA SAN My�mtaslonE ides JULY 5,2006 WITNESS my hand and official sea). N ARY 5 qN E 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 rmF,a ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBEROFPAGES ❑ TRUSTEE(S) ' ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT . ❑ OTHER: — OTHER g SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTRY(IFS) OF SIGNER y S APA SN9 VALLEY-SIERRA. 8OD-362-3369 15511 ALL-PURPOSE ACKNOWLEDGMENT State of,Califomia I County of San Diego ss. On —S ,r,,_ - t�1.-?CY 4 before me, Koren Moriarty 6" (NOfARYI personally appeared !iNrir-.\tll \&N 4n_j �. �Iru-c SIGNER(SI ❑ personally known to me OR - ,� proved to me on the basis of satisfactory evidence to be the person(srwhose name(s) is/afe subscribed to the within instrument and acknowledged to me thaWw/she/tiley executed the same in W-slher/tkeiT authorized capacity(jee), and that by lTis/her/fbeir KOR�FN MORIARTY signatures(s -on the instrument the persons), CO M. #1364991 or the entity upon behalf of which the V NOTARY PUBLIC-CALIFORNIA aY ANNEGOCo�HTY persons) acted, executed the instrument. Commisslor piras JULY 15,20D6 i WITNESS my hand and official seal. i lj�l I Ab f 1.�. A) N A 'S..IGNANRE 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 i ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 7tnE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: i OTHER i SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENrrrY(I6S) OF n SIGNER 0 APA 3199 VALLEY-SIERRA, 800.762-7369 15512 EXHIBIT A (Lievers Property) The Easterly 218.77 feet of the North Quartet of the North West Quarter of the North West 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 06/082001. Together with the Southerly 20 fed of(excepting therefrom the Easterly 218.77 feet) of said North Quarter of the NordiWest Quartet of the Northwest Quarter of the North West Quarter of said Section 14. APN 259-130-37 3 � 1513 EXHIBIT B (WaggamaNHarris 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 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 06/00001. APN 259-130-28 i 4 �� ■�1r - .. I- I � - I -,. �� .� � �.. 1 '� Il �� l �� v � � N��'� � �4 �. �� , -.� �� ; I � ��1�.'�. - .. . . � �, �� _ \1� w y� , .�� r .R . *. h . , . .. , .,� � :;�� y 1� �.;.� v �� \ � a �� ,�G ' 1 1,� �� 1, � ��: �� ,` ��,-� �: . 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