1986-245225F �
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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,
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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.
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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
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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
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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
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1,
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EXHIBIT C
)UNTY
0 LAS E
_ONY Ot
1S. 6110,