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1983-220305�x 2229 Recording Requested by: Grantee When Recorded Mail to: Mr. Robert Brody P. 0. Box 285 Encinitas, California 92024 ATPN ATPN ATPN ATPN ATPN ATPN ATPN ATPN ATPN ATPN 83-220305 "u JUA 20 Q• 25 1 0 Llal—j n Space Above For Recorder' r M DOCUMENTARY, TRANSFER TAX $..77.4 � GRANT OF EASEMENT The undersigned grantors hereby declare that the documentary I' transfer tax is $0.00 computed on the full value of the easement hereby conveyed. Ali . 0 In consideration of the covenants of grantee as hereaf- 0 ter set forth, the undersigned, RHEINGOLD, INC. ( "Rheingold "), a C Z California corporation, TADASO TSUDA and ETHEL TSUDA, husband and wife ( Tsuda ) , 4a2SSSD� JOSEPH J. MANNO and NANCY A. MANNO, husband and wife, and WALLACE m L. KNUTE, an unmarried man (collectively referred to as "Manno- Knute "), hereby grant to ROBERT BRODY, a married man as his sole and separate property ( "Brody "), an easement appurtenant for s road purposes only (that is, ingress and egress) for the express and exclusive use of present and future owners of all or any portions r' • rri of the following described real property: y That portion of the Dorothy Ann Placer Mining Claim, situated in M the Encinitas Mining District, described as follows: The west half 0 of the south half of the south half of the northwest quarter of the southwest quarter of section 4, Township 13 south, Range 3 west, San Bernardino` Base and Meridian, in the County ORIGINAL � q'1 of San Diego, State of Calif- ornia, according to United States government survey. Ex- cepting therefrom the northerly 26.00 feet. NOTE: Parcel 1, is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place hearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits sub- sequent to and from the United States of America to the California Clay Products Company dated September 30, 1925 and recorded November 17, 1925 in Book 14, Page 349 of Patents. 2230 The above - described road easement is 60 feet in width, and is over, upon, across and co- extensive with the route of that certain easement commonly known as Lone Hill Lane, which Lone Hill Lane is depicted upon the following- described parcel maps: Parcel Map No. 9156, which Map was filed for record on Sept- ember 20, 1975 at File No. 79- 394359; Parcel Map No. 7656, which Map was filed for record on August 3, 1978 at File No. 78- 329197; Parcel Map No. 6585, which Map was filed for record on November 23, 1977 at File No. 77- 485875; and Parcel Map No. 3765, which Map was filed for record on May 8, 1975 at File No. 75- 111073. Rheingold is the owner of fee title to Parcels 1 through 4 of Parcel Map 9156; O'Brien is the owner of fee title to Parcel 2 of Parcel Map 3765, as well as that parcel commonly known as Tax Parcel No. 73001 264 220 45 and more particularly described in Exhibit A attached hereto; Tsuda is the owner of fee title to Parcel 1 of Parcel Map No. 6585; and Manno -Knute are the owners of fee title to Parcels 1 and 2 of Parcel Map No. 7656. Each of said grantors hereby grants the above - described easement only as to that portion of such easement as encumbers the fee title of such respective grantor. K 2231 Anything in this Grant of Easement to the contrary notwithstanding, in consideration of the conveyance of the above - described easement by grantors to Brody, Brody, as covenantor, covenants to the above - described grantors and each of them to do and to not do the following acts relating to the use of the above - described easement, which covenants are for the benefit'of the real property which is encumbered by the above - described easement, and which covenants shall be (i) binding upon the successive owner(s) of said easement and of the dominant tenement or any portion(s) thereof, and (ii) for the benefit of each and all of the grantors and their successor owners of the burdened real property: 1. The above - described easement will be used for ingress and egress purposes only; 2. In the event that Dove Hollow Road becomes a ded- icated public road from Lone Jack Road easterly to an intersection with the Easterly 40.00 feet of the Southeast Quarter of the South- east Quarter of Section 5, Township 13 South, Range 3 West, San Bernardino Base and Meridian, Brody and his successors and assigns promise to promptly quitclaim all right, title, and interest which they may have - whether hereunder or otherwise - to utilize Lone Hill Lane. In the event any covenant or condition contained herein shall be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining covenants and conditions hereof shall, nevertheless, be and remain in full force and effect. 3 11 0 Dated: �� ��93 2232 Rheingold, Inc., a California corporation( ByZ- J By Grantors Approved as to form and content and accepted as of this 2$' day of `1'tJNG 1983. ROBERT BRODY Grantee (Attach corporate acknowledgment for Rheingold, Inc.; attach individual acknowledgments for other signators) 4 a r O � 1 t M i n v� cn STATE OF CALIFORNIA )) l COUNTY OF ��d } SS. 3 d On this -�� day of . in the year X983 v t �` 33 , before me, the undersigned, a Notary Public in for County State, rn and said and personally appeared ����� personally known to me (or proved to me on the basis of satisfactory evidence) to be the c r e��naunuuoonnnnomNinnnumimmumtnumun umuuanmuuuurnunuuunumuummm OFFICIAL SEAL _ ' m ^ j known to (or to ¢ personally me proved me on the basis of satisfactory 'sue LINDA BRUMMETT i� n W evidence) to be Secretary of the corporation that executed the within Instrument, and - NOTARY PUBLIC- CALI-'ORNIA PRINCIPAL OFFICE IN o t acknowledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. a "" '" LOS ANGELES COUNTY = My Commission Expires August 18, 1985 fiuuuuuuuuuuunuumiuuwiuunuunuunninuuaunmmuumnmmnumuuunuuuuuunuir� O v Signature ��IN�A lde(.) V1M�T% N Name (Typed or Printed) Notary Public in and for said County and State ■ F. 2467 F. 11 /82 (This area for official notarial seal) C M r i M M n O v Dated: T��a-5 TSAnn TSUDA ETHEL TSUDA Grantors 2234 State of California) County of San Diego)ss. �1 On this day of 9�L L C. , in the year ��j , before me Terry L. Monk, Notary Publ c, personally appeared Tadaso Tsuda and Ethel Tsuda, known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed same. ?j _ Notar� Public OFFICIAL SEAL TERRY L MONK "•m NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires JUL 5. 1985 Approved as to form and content and accepted a_s of this )-g, day of v'VNE 1983. ROBERT BRODY Grantee (Attach corporate acknowledgment for Rheingold, Inc.; attach individual acknowledgments for other signators) 4 Dated: " . 2235 State of California) ss. Grantors County of San Diego) On this 'V�111 day of J(,,LA) , in the year , before me, a Notary Public, personally appeared Joseph J. Manno, Nancy A. Manno, and Wallace L. Knute known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same. ENOTA, FFTr.TAL SEAL Trm— I A"nNK .nun SAN DIEGO COUNTY comm. expires JUL 5, 1985 (� e, tea, q �� y Terry L. Monk Commission expires: July 5, 1985 RMSEAL ONK ALIFORNIA OUNTY JU L 5, 1985 Approved as to form and content and accepted as of this day of '1%0E 1983. ROBERT BRODY Grantee (Attach corporate acknowledgment for Rheingold, Inc.; attach individual acknowledgments for other signators) 4 2 2236 EXHIBIT A THAT PORTION OF LOT 7 IN THE SUBDIVISION OF THE RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING EASTERLY OF THE CENTER LINE OF EASEMENT PARCEL 1 IN DEED TO GREGORY H. BROWN, RECORDED MAY 1, 1975 AS FILE NO. 75- 103227 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND 'NORTHERLY OF THE CENTER LINE; OF EASEMENT PARCEL 2 P_V SAID BROWN'S DEED