1989-674944t
RECORDING REQUESTED BY ) ftit C OfiG'Cr IN
RECORDED REQUEST OF FIRST ANIERICEIPI TITLg W. )
89DEC 13 AM 11' 09
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AND WHEN RECORDED MAIL T0:
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VERA L. LYLE
OLIVENHAIN COLNTY :ofu)Eft
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FARMS ) _
786 POINSETTIA PARK NORTH )
LEUCADIA,
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CA 92024 )
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ATTEN: RICK DAY )
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(SPACE ABOVE FOR RECORDER'S USE
GRANT OF ACCESS EASEMENT
This GRANT OF ACCESS EASEMENT is made as of the (o day of NO 1,
1989, by and between WILLIAM S. BANNASCH and RENEE' S. BANNASCH, Husband and Wife,
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( "Grantor "), and OLIVENHAIN FARMS, a California general partnership ( "Grantee ")
,
with reference to the facts set forth in the Recitals below.
RECITALS
A. Grantor is the owner of a certain parcel of real property located in
San Diego County, California "Parcel
•
1.
and referred to herein as A," which is more
fully described on the attached Exhibit "A'.
B. Grantee is the owner of a certain parcel of real property located in
Sun Diego County, California, and referred to herein as "parcel B ", which is more
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fully described on the attached Exhibit "B ".
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C. Grantor wishes to grant' to Grantee an exclusive easement for the purposes
' described below across
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a portion of Parcel A.•
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t D. Grantor and Grantee desire to execute and have recorded this Grant of Access
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Easement in order to grant the Easement as a covenant running with the land for the
benefit of Parcel B.
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NOW, THEREFORE, in consideration of the above Recitals and other good and
valuable consideration, the parties hereby agree:
1. Easement. Grantor hereby grants to Grantee and its agents, representatives,
successors, and assigns, an exclusive easement and right -of —way in, over, upon,
across and through a portion of Parcel A for vehicular and pedestrian ingress,
egress and access to and from Parcel B. The easement (the "Easement ") shall extend
forty (40) feet in width and 518.70'feet in length, and shall include the right to
construct, maintain and repair a paved road. The portion of Parcel A burdened by
the Easement shall be referred to as the "Easement Property ", which is more fully
described "C
on the attached Exhibit ".
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2. Reciprocal. Covenants. Grantor and Grantee each agree that (a) it will. not
.
interfere with the use of the Easement or obstruct the Easement Property, and (b)
it will not use the Easement for any purpose which would unreasonable interfere
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with any property adjacent to the Easement.
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3. Continued Effect. This Grant of Access Easement shall directly benefit
Parcel B and shall burden Parcel A and run with the land, and be continuously
binding upon and inure to the benefit of Grantee and Grantor and their respective
successors and assigns, and shall not terminate unless released by (a) a written
agreement signed by Grantee and Grantor or their respective authorized representatives,
successors or assigns to the e ' ffect that this instrument or any condition herein
is released and extinguished, or (b) a written declaration of abandonment and
relinquishment of this instrument and all rights and obligations contained herein,
signed by Grantee and Grantor or their respective authorized representatives,
successors or assigns. Such agreement or such declaration shall be effective only
upon recordation in the offices of the County Recorder of San Diego County,
California.
4. Governing Law. This Grant of Access Easement shall be construed in
accordance with the laws of the State of California.
5. Headings. The paragraph headings of this Grant of Access Easement are
for purposes of reference only and shall not be used for limiting or interpreting
the meaning of any paragraph.
IN WITNESS WHEREOF, this Grant of Access Easement is executed as of the date
first written above.
"GRANTOR" "GRANTEE"
WILLIAM S. BANNASCH and OLIVENHAIN FARMS,
RENEE' S. BANNASCH a California General Partnership
By
William S. Bannasch Richard ay, Partner
By:
David t art.
Re e-e Davi anni General
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1003
STATE OF CALIFORNIA
ss
COUNTY OF SAN DIEGO
On 1989, before me, the undersigned, a Notary Public
in and for said State, personally appeared WILLIAM S. BANNASCH, personally
known to me or proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged
that such person executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
s jPi
ROBIN PICKET] Notary Public
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY Commission Ezp, June 19, 1992
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
On , 1989, before me, the undersigned, a Notary Public
in and for said State, personally appeared RENEE' S.. BANNASCH, personally
known to me or proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged
that such person executed the same.
WITNESS my hand and official seal.
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[4A =NOTARYPUBLIC L SEAL
ICKET' Notary Public
- • CALIFORNIAOFFICEIN COUNTY p, June. 19, 1992
—3—
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10011
EXHIBIT "A"
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Legal Description of [ ;
PARCEL A
s (BANNASCH)
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
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of San Diego County, being a division of a- portion of Lot 17 of the subdivision
of the Rancho Las Encinitas, in the County of San Diego, State of California.
Said land is included within the boundaries of records of Survey Nos. 6110 and '
8026 and 9293, filed in the Office of the County Recorder. `_
EXHIBIT "B„
Legal Description of
PARCEL B
(OLIVENHAIN FARMS)
Those partions of Lots 3 and 4, in Section 8, Township 13 South, Range 3 West,
San Bernardino Base and Meridian, according to the Official Plat thereof and
Lot 17 of the SUBDIVISION OF THE RANCHO LAS ENCINITAS, according to Map
thereof No. 848, filed in the Office of the County Recorder of San Diego County,
July 27, 1898, all the County of San Diego, State of California, described as a
whole as follows:
BEGINNING at the Southeast corner of land described in deed to Robert E. Anderson,
et ux, recorded December 29, 1972 as File NO. 346350' of Official Records; thence
along the Southerly line of said Anderson's land to and along the Southerly line
of land described in Deed to Angus B. MacAdam, recorded December 31, 1973 as
File No. 73- 359116 of Official Records, North 86 °18'56" West (Record -North 83 °40'00"
West) 690.00 feet oto�an�rangle point in said MacAdams boundare; thence leaving said
boundary South 16 35 56 West 448.86 feet to the Southerly line of said Lot 17;
thence along said Southerly line North 84 °23'53" East 357 feet to the Westerly
line South 8 °59'20" East 906.73 feet to the Southwest corner therely; thence
along the Southerly line of said Lot 4 South 89 °48'12" East 375.95 feet to the
Southeast corner; thence along the Easterly line of said Lot 4 North 1 °01'29" East
1256.99 feet to the Point of Beginning.
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EXHIBIT 11CH
Legal Description
-EASEMENT PROPERTY
1006
An easement and right of way for ingress, egress, and road
purposes and incidentals thereto, over, along and across that
portion of the Westerly 40.00 feet of Parcel 4 of Parcel Map
No. 9771, in the City of Encinitas, County of San Diego, State
of California, filed in the Office of the County Recorder of
San Diego County March 6, 1980 as File No. 80-077816 of
Official Records, lying Southerly of the Southerly sideline of
Camino Del Rancho (formerly, Lone Jack Road) as 'Shown on said
Parcel Map No. 9771 and described in Deed to the County of San
Diego recorded September 17, 1961 as File No, 155962.
Except,_ng therefrom that Portion lying within the Southerly
40.00 feet of said Parcel 4.
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On rz— ,�,_, 1989 before me, the undersigned, a
Rotary Public ••• in � -- and '.- for, _,said-, - State, -- personally appeared"
RICHARD •R:•'DAY," personally' known to -me.-or :proved - "to me ..on, the -
basis -of •'- satisfactory evidence to be- the person- who - executed
the within instrument .as, Managing.- Partzier' bf OLIVENHAIN FARMS,
the . partnership that, executed• the.- within' instrument and
acknowledged to me that such partnership eaecuted•the same.
WITNESS my hand and-official
OFFICIAL SEAL
CARL M GRISWOLD
m NOTARY PUBLIC - CALIFORNIA
SM DIEGO COUNTY
My comm. expires APR 30, 1991
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On 1989, before me, the undersigned, a
Notary Public in and for said State, personally appeared.
DAVID J. MANNING, personally known to me or proved- to me on the
basis of satisfactory evidence to be the person who executed
the within instrument .as. General Partner of OLIVENHAIN FARMS,
the partnership that executed- t
acknowledged to m,; that such partner