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2007-720314 \.-~ \ \ \ ~ ~~ ~fJ Recording Requested By: r HE ORIGINAL OF THiS DOCUMENT WAS RECORDED ON NOV 1 S. 2007 L.)OCUME~,T NUMBER 20U7-0720314 G:~E.C.DRY J SMITH. CCUNTY RECOFmER SA"\j DiEGO COUNTY RECORDER'S OFFICE TIME 842 AM City of Encinitas ) ) ) ) ) ) ) ) ) ) AP.N. 256-300-40-00; /. AP.N. 256-300-39-00 When Recorded mail to: City of Encinitas Attn: City Clerk 505 South Vulcan A venue Encinitas, CA 92024 COVENANT REGARDING VEHICULAR EASEMENT REQUIRED AS CONDITION FOR BUILDING PERMIT A Robert Miller and Caryn Hall are the owners of certain real property located at 327 North Vulcan A venue, Encinitas, California and identified as San Diego County AP.N. 256-300-40-00 and AP.N. 256-300-39-00. Robert Miller and Caryn Hall received from the City of Encinitas a permit to construct an addition to the residence at said 327 North Vulcan Avenue and, as a condition for issuing such permit, the City of Encinitas required said Miller and Hall to execute a Covenant providing for vehicular access to and from AP.N. 256-300-40-00 over and across AP.N. 256-300-39-00 in the event there is uncommon ownership of said parcels. B. Robert Miller and Caryn Hall hereby covenant and agree that prior to transferring ownership of either of said parcels in a manner that results in uncommon ownership of such parcels, they will prepare, execute and record with the San Diego County Recorder a private easement up to sixteen feet wide for vehicular access to and from A.P.N. 256-300-40-00 commensurate with the existing driveway across AP.N. 256- 300~39-00. C. This covenant shall run with the land and be binding and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of said Robert Miller and Caryn Hall. D. Failure of said Robert Miller and Caryn Hall to comply with the terms of this Covenant shall constitute consent to the filing by the City of Encinitas a Notice of Violation of Covenant. E. Upon said Robert Miller and Caryn HaIrs satisfactory completion of their duties under this Covenant they may require the City of Encinitas to execute a Satisfaction of Covenant in a form satisfactory for recordation with the San Diego County Recorder and deliver the same to Robert Miller. F. The City of Encinitas may assign to any person or persons impacted by any non-performance of this Covenant the right to enforce this Covenant against said Robert Miller and Caryn Hall. G. Any notices to be given under this Covenant, or otherwise in connection herewith, shall be served by certified mail. For purposes hereof, unless otherwise provided in writing by the party to be notified, the proper person from the City of Encinitas to receive any such notice on its behalf, and the proper notice is: City of Encinitas Attn: City Engineer 505 South Vulcan A venue Encinitas, CA 92024 and the proper address for Robert Miller and Caryn Hall is: Robert Miller and Caryn Hall 327 North Vulcan A venue Encinitas, CA 92024 H. Neither Robert Miller nor Caryn Hall or any of their agents or contractors are or shall be considered to be agents of the City of Encinitas in connection with the performance of their duties and obligations under this Covenant. No verbal agreement or conversation with any officer, official agent or employee of the City of Encinitas before, during or after the execution of this Covenant shall affect or modify any of the terms or obligations contained herein. This covenant is binding on current and future owners of properties referred to as A.P.N. 256-300-40 and 256-300-39-00 until such time that said vehicular easement is granted and recorded with the County of San Diego Recorders office. Dated: fJ fer /0 ~ ~1JL ROb. ert Mi. ller \ A ~ ~~\~ Caryn H~l . Dated: ~ ~I!~~~_E ACKNOWLEDGMENT State of California County of SA-A) D I l26D personally appeared } ss before me, a./rJl1 FfJltJ~!;S 2EN/IJ~ I tV DTA-f.-'1 .p~/'~ . ." Name and Title of Officer (e.g., "Jane Doe, Notary Public") ;"0 8~~T m /'I.-/..BL.J Name(s) of Signer(s) On NDVen6~t:. q :lb07, Date o personally known to me 0FACIAl SEAl . GINA FRANCes ZENNSj ;]l~- ~ proved to me on the basis of satisfactory evidence to be the person(.e-) whose name~) is/;;w;Q subscribed to the within instrument and acknowledged to me that he/sRe/thElY executed the same in his/hel','tReif authorized capacityfiee), and that by his/hQF/tlgeir signature(.8.) on the instrument the person(~, or the entity upon behalf of which the personfe) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. ~~::',:~L) ) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document jtPrJ '!)"'5(P -30D ~J..{o- DO Title or Type of Document: VeJ-ll c.Lj L.JU(.., ~ A'5emENi: APN cQ5 0 -.!jw-3q - aD Document Date: N'OI/ QYJ /!3eR... 9, .:lOb 7 Number of Pages: TW 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: iot3~ rni L.L~ ~ Individual o Corporate Officer - Trtle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 Gene o Attorney in Fact o Trustee o Guardian or Conse o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ____ ------ ---- @2004 National Notary Association' 9350 De SOlo Ave., PO. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . ~I!~~~_E ACKNOWLEDGMENT State of California County of S,4,v 7)/ & 6 D On lJovemt3~)~.J..D01, Date before me, }ss GI/vtf f/fA-NClS "kn/J'5. JJ~/ffl?-Y !ibLI(!.J Name and Title of Officer (e.g., "Jane 'Doe, Notary Public") H AI.L personally appeared (3/)((,/ Ai Name(s) of Signer(s) o personally known to me OFFICIAl SEAl.. GINA FRANcES ZENNS ';a~~ .~ proved to me on the basis of satisfactory evidence to be the person~) whose namefs) is/at'e subscribed to the within instrument and acknowledged to me that Re/she/#;tey executed the same in fI.i.s/her.4Aeir authorized capacity(.iQe), and that by flis/herAfleir signature(~ on the instrument the person(-8:l, or the entity upon behalf of which the personfs) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. In,,,~~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: \t tC1-I { tu. L IH<.. {; A 5 en l? Nt Document Date: JJ OV l<<n I:> Iff<... /5 I ..2 0 ~ '7 Number of Pages: TW D Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (].Ae. y ~ HALL ~ Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 Gene o Attorney in Fact o Trustee o Guardian or Conse o Other: Signer Is Representing: @2004 National Notary Association' 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827