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1974-124427Recording Requested By r%il And When Recorded Mail to Ponto Beach, Ltd, 333 Plaza, Suite 200 San Diego, California 92101 SPACE ABOVE THIS LINE FOR RECORDER'S ai ax Statements To USE Ponto Beach, Ltd. 333 Plaza, Suite 200 Documentary Transfer Tax $ San Diego, California 92101 Computed on Full Value of ra er y Conveyed Or Computed on Full Value Less Liens and "Encumbrances Remaining at Time of Sale Signatures Declararn determining tax Firm Name GRANT OF EASEMENT THIS AGREEMENT made this j -day of , 1974 by and between RAYMOND R. POLK and RUBY J. POLK, husband and wife, hereinafter referred to as Grantor, and PONTO BEACH, LTD., a Limited Partnership, hereinafter referred to as Grantee. WHEREAS, Grantor is the owner of certain real property located in the County of San Diego, State of California, hereinafter referred to as "Servient Tenement ", more specifically described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Grantee is the owner of certain real property located in the County of San Diego, State of California, hereinafter referred to as the "Dominant Tenement" more specifically described in Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Grantor hereby grants to Grantee an easement as hereinafter described. 2. The easement granted herein is appurtenant to the Dominant Tenement and is a non - exclusive right of way for ingress and egress. 3. Grantee shall have the duty and obligation to maintain and repair the easement. a '7'72 4. The easement granted herein is located on the easterly 125 feet of the southerly 10 feet of the Servient Tenement. 5. This instrument contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications con- cerning this instrument shall be of no force or effect except a subsequent modification in writing, signed by the party to be charged. 6. In the event of any controversy, claim or dispute relating to this instrument or a breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney fees and costs. 7. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: � RayiWond K. Falk .Ruby J . 1167 Hermes Avenue Street Number County of San Diego, California County and State GRANTEE: PONTO BEACH, LTD., a Limited Partnership By: EC WEST, INC, general partner thereof an ac enzie, r si ent -2- STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO ) On May 11 1974, before me, the undersigned, a Notary Public in and said State, personally appeared RAYMOND R. POLK and RUBY J. POLK, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. y� OFFICIAL SEAL otary klubiic" TALMADGE F. TUFTS NOTARY PUELIC CALIFORNIA `SSA PflINCIP1l OFFICE IN 148d a •F Tufts SAN DIEGO COUNTY ame Crypecl or rin e My Commission Expires June 30, 1971 y Commission expires June 30, 1977 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On Ma 11 1974, before me, the undersigned, a Notary u is in and Tor said County and State, personally appeared IAN MACKENZIE, known to me to be the President of Eco -West, Inc. , which corporation is known to me to be the general partner of the Limited Partnership of PONTO BEACH, LTD„ which executed the within instrument and further acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors as a general partner of said limited partnership. WITNESS my hand and official seal. OFFICIAL SEAL TALMADGE F. TUFTS of ry u ism �®r �:F�at� `��k- r`.q ° ?�• NOTARY PU©LIC CALIFORNIA 15 PRINCIPAL OFFICE 4d Talmadge F. Tufts ° °•� SAN DIEGO COUPITY Name pea or Printed) My Commission Expires June 30, 1977 My Commission expires June 30, 1977 -3- 1 _- i 1 '44 JjI1 7l L / IaACE T o`,..`2i RECORDED REQUEST OF GRANTEE MAY 13 z so OFFICIAL SAN DIEGO COfUNTY- CALIF. HARLEYF.GLOON RECORDER $7.00 1