2012-205811 D O C ## 201 2-020581 1
Recording Requested By: 111111111111111111111111111111111111111111111111111111 IN
City of Encinitas APR 09, 2012 12:09 PM
C � OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded, Mail to: Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 38.00
OC. NA
City Clerk PAGES: 8
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
�N
EASEMENT FOR ACCESS, UTILITY,AND LANDSCAPE PURPOSES
Assessor's Parcel No: 260-183-34 DOCUMENTARY TRANSFER TAX$-0
Al 0 C ct4S i.D,E",-riUN
The City of Encinitas, a Municipal Corporation Organized and Established Under the Laws of the
State of California, hereinafter called GRANTOR, the owners of the real property in the City of
Encinitas, County of San Diego, State of California, described as follows:
SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF,
do hereby grant, convey, and dedicate for valuable consideration, the receipt of which is hereby
acknowledged, to Mitch C. Myers, a married man as his sole and separate property, hereinafter
called GRANTEE, an easement and right-of-way for access, utility, and landscape purposes,
subject to the terms and conditions set forth as EXHIBIT "D" which is attached hereto and made a
part hereof, the real property described as follows:
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR:
This is to certify that the interest in real property conveyed by deed or grant to the Grantee by
the City of Encinitas, a Municipal Corporation, is hereby granted by the undersigned agent on
behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution
of the City Council of the City of Encinitas adopted on November 9, 1994 and the Grantor
consents to recordation thereof by its duly authorized officer.
y
Greg Shiel Date
City Engineer
City of Encinitas
Signature of GRANTEE to be notarized.
Attach the appropriate acknowledgments.
This is to certify that the interest in real property conveyed by deed or grant by the City of
Encinitas, a Municipal Corporation, to the Grantee is hereby accepted by the Grantee, and the
Grantee consents to recordation of this grant deed.
GRANTEE:
Mitch C. Myers Date
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST
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, LYING WITHIN
PARCEL C AS DESCRIBED IN DOCUMENT NO. 2001-0339394 RECORDED
MAY 25, 2001, RECORDS OF SAID COUNTY OF SAN DIEGO DESCRIBED AS
FOLLOWS-
Beginning at the westerly terminus of the southerly line of said Parcel C distant
thereon South 89 018'30" West 615.13 feet from the point of beginning of said
Parcel C as described in said Document No. 2001-0339394;
Thence North 40 051'30" West 117.46 feet;
Thence North 49 008'30" East 20 71 feet;
Thence South 49 040'03" East 157 10 feet to said southerly line,
Thence along said southerly line South 89°18'30" West 58.59 feet to the Point of
Beginning
The above described parcel contains 4236 square feet, more or less.
All as more particularly shown Exhibit B, attached hereto, and by reference,
made a part hereof.
Prepared in the Office of
04ARRS9G��
O
Leonard C. Stiles PLS 5023 w No.PLS 5023 m
License Expires December 31, 2011 * Exp. 12/31/11
September 3, 2011 y
���OF CA``�oP
EXHIBIT B
0 30' 60'
SCALE 1"=30'
20.71'
N 49'08'30" E
PARCEL C
N, Document No. 2001-0339394
Recorded May 25, 2001
----- ----------Easement granted to the
VO. property owner at 1531 Starlight
110,
<1
4236 s.f.
1\ 7
<� 70, P.O.
Parcel C
.'Vol ------
58.59'
P-O.B S89°18'30" 61513' ..........
(easement)
Traverse PC
EXHIBIT"C"
LEGAL DESCRIPTION OF PROPERTY
All that portion of the Southwest Quarter of the Northeast Quarter of Section 22, Township 13
South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to the United States Government survey approved April 19, 1881,
described as follows.
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
89d18'30" WEST ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST WUARTER OF THE
NORTHEAST QUARTER A DISTANCE OF 565 FEET; THENCE NORTH Od02'30" EAST 323.91 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89d18'30" WEST 615.13 FEET; THENCE
NORTH 40d5l'30" WEST 251.21 FEET, MORE OR LESS TO A POINT ON THE WEST LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER WHICH BEARS NORTH Od01'30" WEST
515 77 FEET FROM THE SOUTHWEST CORNER OF SIAD SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG SAID WEST LINE NORTH Od01'30" WEST 467 08 FEET TO
THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO YUJI FUNAKI AND WIFE,
RECORDED MARCH 16, 1959 IN BOOK 7548, PAGE 534 OF OFFICIAL RECORDS; THENCE NORTH
89d18'30" EAST 780.24 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE ALONG THE
EAST LINE OF SAID LAND AND THE PROLONGATION THEREOF, SOUTH Od02'30" WEST 659.06
FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT"D"
Terms and Conditions
Easement for Access, Utility, and Landscape Purposes
The grant of Easement for Access, Utility, and Landscape Purposes made by the Grantor named
herein for the benefit of the Grantee is for valuable consideration and is subject to the following
terms and conditions This grant shall be for a perpetual non-exclusive easement and right-of-
way upon, through, under, over, and across the real property described in Exhibits "A" and "B"
for access, utilities, and landscaping purposes, including the installation, construction,
maintenance, repair, and replacement of irrigation systems, appurtenant facilities, and all
facilities incidental thereto; together with the right to plant, maintain, replace, and remove
landscaping, together with the right of ingress and egress over and along said easement and
right-of-way; together with the right to construct, maintain, repair, and replace driveway
improvements including a driveway gate, together with the right to construct, maintain, and
replace sewer, water, gas, power, telephone lines, and other utility services and appurtenances
thereto, together with the right to deposit tools, implements, and other materials thereon by
Grantee, its successors and assigns Together with the perpetual right and requirement for the
maintenance of said easement and any appurtenances therein solely by Grantee, its successors,
or assigns, at Grantee's sole expense. To have and to hold said easement unto itself and unto
its successors and assigns forever
The real property referred to herein and made subject to said easement by this grant is situated
in the City of Encinitas, County of San Diego, State of California, and is particularly described in
Attachments A and B hereto
The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns,
that there shall not be constructed or maintained within said easement any building or
structure of any nature or kind that will interfere with the use of said easement by Grantee, its
successors or assigns
The Grantees hereby covenant and agree for themselves, their heirs, successors, and assigns,
that there shall not be constructed or maintained within said easement any building or
structure of any nature or kind that will interfere with the use of said easement by Grantor, its
successors or assigns, and that the Grantees, their heirs, successors, and assigns shall be solely
and perpetually responsible for the maintenance of said easement and any appurtenances
therein Grantor maintains the perpetual right to remove buildings, structures, and any other
obstructions interfering with the use of said land by Grantor
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to this Easement for Access, Utilities, and Landscape Purposes.
If either Grantor or Grantee is required to incur costs to enforce the provisions of this
easement, the prevailing party shall be entitled to full reimbursement of all costs, including
reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted
by the performance of this easement the right to enforce this easement against the Grantor
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
fi State of California
fi County of
On%}�� /�G'f>'Z/ ZO/I before me,_-R"o A 64 14- R[,L A,7V U&, A)o-INlf 7 Pu 434,J c
C Date I Here Insert Name and Title of the Officer
fipersonally appeared y_1 /T of f/ e. 114 y&7
Name(s)of Signer(s)
fi
fi who proved to me on the basis of satisfactory
fi evidence to be the person(s) whose name(s)ire
fi subscribed to th within instrument and acknowledged
fi to me that�he/they executed the same in
fi RANDA GAIL MILLJOUR gis r/their authorized capacity(ies), and that by
re� Commission#1916144 r/t heir signature(s) on the instrument the
fi � Notary Public CatiforniaN person(s), or the entity upon behalf of which the
fi > San Diego County A
fi My Commission Exp. Jan. 6, 2015 person(s) acted, executed the instrument.
fi
fi I certify under PENALTY OF PERJURY under the
fi laws of the State of California that the foregoing '
fiparagraph is true and correct.
fiWITNESS my hand and official seal
fi
Sig nature
F Place Notary Seal Above nature of Notary Public
I� OPTIONAL
fi Though the information below is not required by law, it may prove valuable to persons relying on the document
fi and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
fiTitle or Type of Document:
fi Document Date Number of Pages.
fiSigner(s) Other Than Named Above.
fi Capacity(ies) Claimed by Signer(s)
fiSigner's Name Signer's Name
fi ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
fi ❑ Individual M. ❑ Individual
fi ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here
fi ❑ Attorney in Fact ❑Attorney in Fact
fi ❑ Trustee ❑Trustee
fi ❑ Guardian or Conservator ❑Guardian or Conservator
fi ❑ Other- ❑Other-
Signer Is Representing: Signer Is Representing
fi
0 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 9 20/2-., before me, 04/4- IVI&Z–0UR, 1_0-1WyC7 10 , C
Daig Here Insert Name and Title of the Officer
personally appeared 6&ey
Name(s)of Signer(s)
e
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s6�Are subscribed to the
w in instrument and acknowledaed to me that
he he/they executed the e i his/ r/their authorized
RANDA GAIL MILLJOUR capacity(ies), and that �h�iis/ r/their signature(s) on the
Commission#1916144 < instrument the person(s e entity upon behalf of
•"�' :Notary Public -CaliforniaN which the person(s) acted, executed the instrument.
> San Diego County
My Commission Exp.Jan. 6, 2015 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Place Notary Seal Above Signature Q/_W,G,l& '
Y gnature of Notary 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
Title or Type of Document:
Document Date Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General
El Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other, ❑Other'
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827