2007-720314
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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
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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 ~
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ROb. ert Mi. ller \ A ~
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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~/'~
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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: ____
------
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@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