2004-57570715999
RECORDING REWESTED SY 000 # 2004- 0575707
�CP 6/15/04 JUN 21." 2004 2:1M
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
Kurt T. and Elizabeth M. Lievers SM DIEGO COUNTY RECORDER'S OFFICE
675 Requeza Street GRfGOR/ J. SMITH COUI(fY RECORDER
l�i'� � p Encinitas, CA 92024 FEES: 37.00
APN: 259-130-28,37 WAYS' 12
EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES
COVENANTS RUNNING WITH THE LAND
DOCUMPTARY TRANSFER TAX $ a 00
FOR VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged _
James P.E. Waggaman and Kathryn A. Harris (hereinafter "Grantors"), being the owners of that
real property 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 "A" attached
hereto and incorporated herein by this reference, hereby grant to Kurt T. and Elizabeth M. Lievers
(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 Northerly 12.00 feet of that property described as
follows: 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 06/0812001.
Parcel 2:
The Westerly 20 feet South of the Northerly 12.00 feet of that property described as
follows: 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. Hams on Record of
Survey Map No. 17019 recorded 06/082001.
Parcel 3:
That portion of the real property located at 305 Princehouse Lane, Encinitas, California,
commonly referred to as San Diego Assessor's Parcel No. 259- 130 -28 and fully
described in Exhibit A attached hereto and incorporated herein by this reference,
described as follows: South of the Northerly 12.00 fed of said property and East of the
Westerly 20.00 feet of said property and within (i) 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 marked as Exhibit C and attached hereto and
incorporated herein by this reference, and (ii) the present Southerly extension of such
area to the Southern boundary of said property, but excluding the area of the branching
PM
1550'0
driveway serving the Easterly portion of said property shown and labeled as "Existing
Driveway" on said Exhibit C.
The easement is appurtenant to, and for the benefit of, that real property owned by Grantees Kurt
T. and Elizabeth M. Lievers 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
"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 hews, 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- 130-28 — James P.E.
Dated: 1e • 17 • e, 4
Dated:
"GRANTEES"
APN 259- 130 -37 — Kurt T. and Elizabeth M. Lievc
Dated:
Dated: 4PI140t
i
ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of
San Diego
15501.
I SS.
On Mwrve. %—t - 2xu before me, Koren Monarty
(OATE) (.NMARY)
personally appeared �s .P, _Ii Y Qg! .J v� 44- N*A!&S.
SIGNERIS)
❑ personally known to me OR proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
... a re subscribed to the within instrument and
acknowledged to me that kelehe /they executed
the same in {rrs{her /their` authorized
capacity(ies), and that by his/her /their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
URYISe.0YRE
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)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLEUI
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OE PERSON(S) OR EMrrYIIES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT E '
OF S
SIGNER 9
15
S
APA 5199 VALLEY - SIERRA. 800- 362.3369
State oHCalifomia l
San Diego } SS.
County of JJJ
15502
On before me, Koren Moriarty
(PATE, INOTARY)
personally appeared �,� - -c • Lie .,�
-� SIGNERISI
❑ personally known tome . OR -
proved to me on the basis of satisfactory
evidence to be the personj< whose name(5)
is /mrsubscribed to the within instrument and
acknowledged to me that he /sheAhey executed
the same in his /4e4444reir. authorized
capacity(ies), and that by his/her/"r
signatures@Sron the instrument the persott(s)T
or the entity upon behalf of which the
person(6 acted, executed the instrument.
WITNESS my hand and official seal.
V NOTARY'S r:MATURE Q
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)
INDIVIDUAL
❑ CORPORATE OFFICER
A
i
PARTNER(S)
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTnYOES(
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
OF
SIGNER
APA 5N9 VALLEY- SIERRA. M362 -3369
ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of
San Diego
15503
I SS.
On ,,.� �q before me, Koren Moriarty
IDA (N ARYI
personally appeared �F')S•�^x��_ (Y1 urmm c
S GNER(S)
❑ personally known tome - OR -
a .•
proved to me on the basis of satisfactory
evidence to be the person(f) whose names)
is /are - subscribed to the within instrument and
acknowledged to me that 4*1she/thry executed
the same in his/her /+he-rr authorized
capacity(jue), and that by�3" /her /their
signatures(Won the instrument the person(-T),
or the entity upon behalf of which the
persott,(s*acted, executed the instrument.
WITNESS my hand and official seal.
ssl
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorised document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTr Y(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHTTHUMBPRINT
OF
SIGNER y
B
APA 5/99 VALLEY- SIERRA, 800.362-3369
15504
RS
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 /08/2001.
APN 259- 130-28
15505
EXHIBIT B
(Lievers Property)
The Easterly 218.77 feet of the North Quarter of the North West Quarter of the NorthWest Quarter of the
North West 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 008/200 1. Together with the Southerly 20 feet of (excepting therefrom the Easterly 281.77 feet)
of said North Quarter of the North West Quarter of the NaYhWest Quarter of the North West Quarter of said
Section 14.
APN 259 - 130-37
L
t .. �.._........ 15506
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p.2
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