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1986-245225F � qr 2323 245225 CCOROj&,Vi - . ` 11.IkA i to I RECORDING REQUESTED BY: 11 � "h' ; l3�6 JUN 18 AIR E: 54 VERA L. LYLE WHEN RECORDED MAIL TO: F- T �}s so �, LCOUNTY RcCORDERJ C, /1 F;fyA five. _E„k A A.P.N. OF The undersigned Grantor declares that the documentary OC transfer tax is $ S 6-0 and is computed on the full TXPD 5 value of the interest or property conveyed. 1!N MCCUSIQUANED AREA 0 GRANT OF EASEMENT AND AGREEMENT PREAMBLE M Thh }' g Grant of Easement and Agreement is made and effective this `'[# day of �J JL r-x e l glo , by and between F & J ASSOCIATES, a general par nership, ( "Grantor ") and LYNN E. SMITH and MARIE K. SMITH, husband and wife, (collectively "Grantee ") as joint tenants, with reference to the following 0 facts: I I RECITALS A. Grantor is the owner of record of that certain real property ( "Parcel 1 ") located in San Diego County, California, particularly described in Exhibit A attached hereto and incor- porated herein. rn B. Grantee is the owner of_ record of that certain real property ( "Parcel 2 ") westerly of and adjacent to Parcel 1 located in San Diego County, California, particularly des- cribed in Exhibit B attached hereto and incorporated herein. f r �s. C. The parties hereto desire that Grantor grant to Grantee an easement for road and utility purposes in and to a. portion of Parcel 1. AGREEMENT m, NOW, THEREFORE, it is agreed as follows: 1. For and in consideration of the sum of Five Thousand Dollars ($5,000.00), receipt of which is hereby acknowledged, Grantor agrees to and does hereby grant and convey to Grantee an easement ( the "Easement ") for the uses and purposes and upon the terms and conditions hereinafter set forth upon, under, - 1 - G 2324 over and across a portion of the westerly thirty feet (30') of Parcel 1 (the "Easement Area ") as shown on the map attached hereto marked Exhibit C and incorporated herein and partic- ularly described as follows: That portion of Parcel 1 commencing at a point ( "Point A ") on the westerly boundary of Parcel 1 which is 100 feet south of the point ( "Point B ") where the northerly boundary of Parcel 2 intersects the west- erly boundary of Parcel 1; thence easterly from Point A to a point ( "Point C ") which is 30 feet from Point A; thence northerly along a line which is parallel to point westerly boundary of Parcel 1 to a ( "Point D ") where said parallel line intersects the boundary of Parcel 1 in, at or on the roadway known as Camino del Rancho or Lone Jack Road; thence westerly along said roadway boundary to a point ( "Point E ") where said roadway boundary intersects the westerly boundary of Parcel 1; thence southerly along the westerly boundary of Parcel 1 to Point A. 09 2. The Easement is for private road and utility purposes and includes the right and privilege to construct, reconstruct, improve and maintain any road or utility which Grantee con- structs or installs in the Easement Area. 3. The Easement is solely for the benefit of Parcel 2 and ccupants thereof. Accordingly, Grantee shall the owners and o not convey the Easement or any portion thereof, a suffer any p erson to use the interest therein or permit or easement except re or become ownersropre occupants of Parcelt2 persons who . 4. Grantee acknowledges that easements upon, under, over or across the Easement Area previously have been granted or reserved to others ( the "Other Grantees") and that the Other Grantees have constructed improvements therein and use the Easement as so improved. Grantee agrees that Grantee's use of the Easement shall be non - exclusive and in common with the Other Grantees and that Grantee's use of the Easement, including construction and maintenance of improvements constructed by Grantee therein, shall not materially interfere with the rights or uses of the Other Grantees. - 2 - 5. In the event within five (5) years from the date hereof any action or proceeding is commenced by any of the Other Grantees or by any other person contesting the Easement or Grantee's use thereof, Grantee, at Grantee's option, may (i) at Grantee's sole cost and expense, defend against such action or proceeding; (ii) require that Grantor grant to Grantee an easement (the "Alternate Easement "), for sewer and water line purposes only, upon and under a strip of land parallel to the Easement easterly and immediately adjacent to the westerly sixty feet (60') of Parcel 1, which Alternate Easement will be of such width as to reasonably enable Grantee to use the same, including construction, installation and maintenance thereof, for sewer and water lines only; or (iii) both of (i) and (ii) above, provided that if Grantee successfully defends against the action or proceeding contesting the Easement or Grantee's use thereof, Grantee's rights to require Grantor to grant the Alternate Easement shall cease and terminate and Grantee shall abandon the Alternate Easement if the same previously has been granted. 6. In the event of any controversy, claim or dispute relating to this instrument or the breach hereof, the prevail- ing party shall be entitled to recover from the losing party its reasonable costs, expenses and attorneys' fees. 7. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their hands the day and year first above written. Grantor: Grantee: zX LY N E. SMITH ° MARIE K. SMITH - 3 - i 2326 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On -:K �cl before me, the undersigned, a N4t: Pu 1ic in an for said State, personally appeared -- - - GHQ ,�j .�'� , personally known to me or to me on the basis of satisfactory evidence to the be person who executed the within instrument as the general partner of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL BARBARA J CALABRESE 9 m NOTARY PUBLICGCALIFORNIA PRINCIPAL DIEGO COUNTYN NY CONMISSION EXPIRES FEB 27,1988 O2F_rG0 0 STATE OF GALjFQ--T-Q% SS. COUNTY OF On before me, the undersigned, a Notary Public in and for said State, personally appeared LYNN E. SMITH and MARIE K. SMITH, personally known to me or proved to me on the basis of satisfactory evidence 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. 7LAURIE - 4 - u i q o� i 2327 Parcel 4 of Parcel Map No. 9771, as per Parcel Map recorded March 6, 1980 as File No. 80- 077816 of Official Records, in the office of the County Recorder f San Diego County, being a division of a Dortion of Lot 17 of the Subdivision of the Rancho Las Encinitas, in the County of San_Dieeo. State of Califnrnia. EXHIBIT A f { �4 That portion o£ Colony Olivenhain, in the County of San Diego, State of California, according to the Map thereof No. 326, filed in the Office of the Recorder of San Diego County July 8, ldb5, described in full as follows: Lot 91 as shown on said Map, TOGETHER WITH that portion of the Easterly ?calf of "N" Street as shown on said I•lap, which adjoins said Lot 91 on the West, TOGETHER '•;ITH that portion of the Northerly Half of 13th Street as shown on said Map, Which adjoins said Lot 91 and said portion of "N" Street on the South, and also TOGETHER ;:ITH that portion of the Westerly Half of 110" Street as shown on said :iap, which does not lie within Lot 17 of Rancho Las Encinitas, in the County of San Diego, State of California, according to the Map thereof ?•io.848, filed in the Office of the iecorder of San Diego County June 27, 1898, and which adjoins said Lot 91 and said portion of 13th Strapet on the East. EXCEPTING T HEREFROI,11 the Northerly 2.00 acres thereof. EXHIBIT B ■ 1, ■ EXHIBIT C )UNTY 0 LAS E _ONY Ot 1S. 6110,