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2004-581688Recording Requested By: and When Recorded Mail To: Charles Marvin III, Esq. Charles Marvin III, A.P.C. 120 Birmingham Drive, Suite 200 Cardiff, CA 92007 DOC # 2004- 0581688 JUN 220 2004 4:59 PM OFFICIAL RE SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY REORDER FEES: 23.00 CC: NA 26'20 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (Space Above For Recorder's Use) GRANT DEED - EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1320 SUMMIT AVENUE, LLC, a California limited liability company ( "Grantor "), hereby grants to MARK LANGER, an unmarried man as his sole and separate property, his heirs, successors and assigns ( "Grantee "), and the property described in Exhibit A attached hereto and incorporated herein ( "Grantee's Property"), an easement and right of way running with the land for ingress, egress, driveway and underground utilities, limited to power, telephone and cable lines and appurtenances thereto, and for landscaping (including irrigation thereof), if any, and maintenance purposes under, along and across those portions of the property described in Exhibit B attached hereto and incorporated herein, and as depicted on Exhibit C attached hereto and incorporated herein. Said easement and right of way shall be appurtenant to and for the benefit of the Grantee's Property, provided, however, that in the event the Grantee's Property 26721 is subdivided further, this grant shall be limited to only one (1) subdivided lot on the Grantee's Property and not front on Summit Avenue. This Grant Deed — Easement, and all amendments and supplements to it, maybe executed in counterparts, and all counterparts together shall be construed as one document. DATED: Tu A e I S .2004 1320 SUMMIT AVENUE, LLC A California Limited Liability Company STATE OF CALIFORNIA ) L S TeL 9 ) ss. S o COUNTY OF ) her On :mac — /<�_ 2004,beforeme, Mtclkt l(� K_ S L; mse_wlor, , Notary Public, personally appeared MICHAEL F. AULERT, or proved to me on the basis of satisfactory evidence, to be the person(s'f whose nameks) is /afe-subscribed to the within instrument and acknowledged to me that he /s13eFtkey executed the same in his/hen4kir authorized capacity(ios), and that by his /hef4heir signature(.4on the instrument the person(&j, or the entity upon behalf of which the person(s- acted, executed the instrument. WITNESS my hand and official seal. N'otary Public 2 26722 EXHIBIT A LEGAL DESCRIPTION OF LANGER PROPERTY That portion of the Northwest Quarter of Section 22, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19,1881, described as follows: Beginning at the intersection of the Westerly prolongation of the North boundary line of Cardiff Villa Tract, according to Map thereof No. 1469, filed in the Office of the County Recorder of San Diego County, August 10, 1912, with the Northeasterly line of County Highway, Route 1, Division 1; thence North 31 °38' West along said Highway Line, 213.03 feet to the Beginning of a curve, concave to the Northeast, having a radius of 1,275.82 feet and a central angle of 8001% thence Northwesterly along said curve, 178.49 feet; thence tangent to said curve North 23 °27' West, 1437.98 feet; thence North 23 °27' West to a point distant 80 feet at right angles Easterly from the Westerly line of said Northwester Quarter of said Section 22, thence North 0 °30'40" East parallel to and distant 80 feet at right angles Easterly from said Westerly line of said Northwest Quarter of said Section 22, a distance of 98.09 feet; thence North 66 °48' East, 290 feet to the True Point of Beginning; thence North 66 °48' East, 278.03 feet to an intersection with the Southerly line of Clearman's Addition, according to Map thereof No. 207, filed in the Office of the County Recorder of San Diego; thence North 89 °51' East, 13.90 feet along said Southerly line of said Clearman's Addition to a point 60 feet South 89 °51' West from the Westerly line of Ridgeway Heights, according to Map thereof No. 2163, filed in the Office of the County Recorder of San Diego County; thence South 0 °23' West, 103.17 feet; thence South 66 °48' West, 273.07 feet; thence North 40° West 14.15 feet; thence North 0 °23' East, 79.56 feet thence North 40° West 14.15 feet to the True Point of Beginning. Assessor's Parcel No: 260 - 620 -07 Exhibit A EXHIBIT B 26723 LEGAL DESCRIPTION PRIVATE ACCESS EASEMENT THAT PORTION OF PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN THE BOOK OF PARCEL MAPS AT PAGE 912 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 25, 19723 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, SAID CORNER BEING IN THE WESTERLY SIDELINE OF SUMMIT AVENUE AS SHOWN ON SAID PARCEL MAP 912 AS EXISTING RIGHT OF WAY PER RS 1156; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 66 043130" WEST 126.83 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE, SOUTH 23016'30" EAST 10.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 28.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 23 °16'30" WEST; THENCE NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 14.53 FEET THROUGH A CENTRAL ANGLE OF 29 043'28" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 06 °26'58" WEST; THENCE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE 24.90 FEET THROUGH A CENTRAL ANGLE OF 29 043'28" TO A POINT IN THE SOUTHEASTERLY LINE OF THE PANHANDLE PORTION OF SAID PARCEL 2; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 66 043'30" EAST 80.39 FEET TO A POINT IN THE WESTERLY SIDELINE OF SAID SUMMIT AVENUE; THENCE ALONG SAID WESTERLY SIDELINE OF SAID SUMMIT AVENUE AND THE EASTERLY LINE OF SAID PARCEL 2, NORTH 00 022'05" EAST 21.83 FEET TO THE POINT OF BEGINNING. CONTAINS 2278 SQUARE FEET, MORE OR LESS. Exhibit B EXHIBIT C DEPICTION OF PRIVATE ACCESS EASEMENT Exhibit C 26724 04/20/2004 09:02 rn .� u VALERIE SHERRIFF 26725 a� N< iJ t PAGE 05 rrrrrrr O(b y � A C rrIJ`wC_r O y K y O 1C/1 PUR ■ f G VALERIE SHERRIFF 26725 a� N< iJ t PAGE 05 rrrrrrr O(b V( W& rrIJ`wC_r N y K y O x �z rb y V CA V y y r rul ,h # al _ y V c n t CAA 17 ti �1 w% L / \1� r} r w ti SUA M� A vE