2007-720314 (2)
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DOC # 2007--0720314
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Recording Requested By:
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NOV 15, 2007
8:42 AM
City of Encinitas
DFFICl.il.L F:ECDRDS
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PAGES:
4
When Recorded mail to:
City of Encinitas
Attn: City Clerk
505 South Vulcan Avenue
Encinitas, CA 92024
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AP.N. 256-3oo-40-00~
AP.N. 256-300-39-00 V
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 A venue 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 Halrs 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.
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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 Avenue
Encinitas, CA 92024
and the proper address for Robert Miller and Caryn Hall is:
Robert Miller and Caryn Hall
327 North Vulcan Avenue
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: '//1/0 .1-'
1d/d:U
Robert Miller \ . ~
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Caryn H~l .
Dated: ~
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of S'AN
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before me, t1U\JIJ- FfA/V~t;;s 2E'N1'J!'::., NDT~~ fJu~/'e..
Name and Title of Officer (e.g., "Jane Doe, Notary Public") /
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On
NDVEm&~t. q :ll>D7,
Date
personally
appeared
Name(s) of Signer(s)
D personally known to me
OFFICIAl SEAl
GINA FRANCES ZENNSj
:l.RIK-
~ proved to me on the basis of satisfactory evidence
to be the person(.e-) whose name(-e) is/ew;e subscribed
to the within instrument and acknowledged to me that
he/sA13,4hQY executed the same in his/hufti'lcif
authorized capacity(.iee), and that by his/oor/tt<leir
signature(&) on the instrument the person(~, or the
entity upon behalf of which the person(-8) acted,
executed the instrument.
Place Notary Seai Above
WITNESS my hand and official seal.
~~M1ut-X1) ~
Signature 0 tary Public
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 4PtJ ;2. 5 (p - 3 oD ,.J..{ 0.. 00
Title or Type of Document: VEHt Cf4 L~R-,. ~ A'SEmENT: A-PrJJ 62.5 ~ -8DD-3q - 00
Document Date: Nbl/ IdYl f!:JBe.. 9/ -:lOD 7
Number of Pages: TuJ 0
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: IOB,;/t., rni L..L~
gJ Individual
[J Corporate Officer - Title(s):
[J Partner - [J Limited 0 General
[J Attorney in Fact
[J Trustee
[J Guardian or Conservator
o Other:
Signer's Name:
o Individual
D Corporate Officer - Title(s):
o Partner - 0 Limited D 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 Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of S,4fJ 7)//::;60
On fJDvemf3~)5,.J.()/)1,
Date
before
me,
}ss
(;11114 ff{lJ1Jtl5 1~1}17'5, JJ ~/,q~y IibLlG
Name and TItle of Officer (e.g., "Jane 'Doe. Notary Public")
HAIJ_
personally
appeared
C{lR.Y Ai
Name(s) of Signer(s)
'J personally known to me
OFFICIAl SEAl..
GINA FRANCES ZENNS.
:~RfE-
~ proved to me on the basis of satisfactory evidence
to be the person~) whose namefs) is/afe subscribed
to the within instrument and acknowledged to me that
Re/she/tokey executed the same in R+s/her.4Reir
authorized capacity(.jQe), and that by fI.is/herftfleir
signature(e:j on the instrument the person(~, or the
entity upon behalf of which the person~) acted,
executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
c/k/-'~~o~
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: V 121-11 tiA L /J~ (;; A 5 0?7 f: Ar/
Document Date: IJ OV 0Y113 ~ J 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: (!JJ~ytJ R ALL
~ Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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 Cons
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., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827