2012-203929 D O C ## 2012-0203929
1111111111111111111111111111111111111111111111111111111111 IN
Recording Requested By:
APR 08, 2012 4:18 PM
City of Encinitas OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
1 Ernest J Dronenburg,Jr,COUNTY RECORDER
When Recorded, Mail to: FEES 41 00
OC. NA
City Clerk PAGES: 9
..� City of Encinitas III'lll I�III�IIII��III I�III VIII��III VIII�IIII��III I�III VIII I�III��III�IIII III III
(J 505 South Vulcan Ave.
f- Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
EASEMENT FOR WATER METER AND MAILBOX PURPOSES
Assessor's Parcel No: 260-183-03 VI/
J 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,
does hereby grant, convey, and dedicate for valuable consideration, the receipt of which is hereby
acknowledged, to the Rugar, Gary and Jeanette Family Trust, hereinafter called GRANTEE, an
easement and right-of-way for Water Meter and Mailbox 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.
cf
' Date
City Engineer
City of Encinitas
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:
Rugar, Gary and Jeanette Family Trust
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Gary S. gar,Trustee Date
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Jeanette K. Rugar,Tr tee Date
EXHIBIT A
LEGAL DESCRIPTION
THOSE PORTIONS OF THE NORTHWEST 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, LYING WITHIN PARCEL O AS DESCRIBED IN DOCUMENT NO.
2001-0339394 RECORDED MAY 25, 2001, RECORDS OF SAID COUNTY OF
SAN DIEGO DESCRIBED AS FOLLOWS:
WATER METER AND MAIL BOX EASEMENT
Commencing at the southwest comer of said Parcel O;
Thence North 89 018'30" East 56.28 feet along the southerly line of said Parcel O;
Thence departing from said southerly line North 00 041'30" West 7.92 feet to the
TRUE POINT OF BEGINNING;
Thence North 47 030' 20" East 4.43 feet to the beginning of a non-tangent curve
in the southwesterly line of a 24.00 foot wide access easement, the radius point
of which bears North 31057'54n East 58.00 feet from said beginning;
Thence along the said access easement the following three courses;
Northwesterly along said curve 19.98 feet through a central angle of 19°44'02";
Thence North 38 018'04" West 10.36 feet to the beginning of a curve, concave
northeasterly and having a radius of 68.00 feet;
Thence northwesterly along said curve 9.79 feet through a central angle of
8°14'50";
Thence departing form said access easement South 1 000'00 West 32.77 feet;
Thence North 89 018'30" East 24.03 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 424 square feet, more or less.
The above described parcel is more particularly shown Exhibit B, attached
hereto, and by reference, made a part hereof.
Prepared in the Office of
Leonard C. Stiles PLS 5023 �0 LAND SG
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EXHIBIT"C'
LEGAL DESCRIPTION OF PROPERTY
A 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, lying
within Parcel O as described in Document No. 2001-0339394 recorded May 25, 2001 in the
Office of the County Recorder of San Diego County.
EXHIBIT"D"
Terms and Conditions
Easement for Water Meter and Mailbox Purposes
The grant of Easement for Water Meter and Mailbox 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 water meters and mailboxes, together with the right of ingress and egress over and along
said easement and right-of-way; together with the right to construct, maintain, and replace
water meters and mailboxes and appurtenances thereto by Grantee, its successors and assigns.
Together with the perpetual right and requirement for the maintenance of said water meters
and mailboxes serving Grantee's property at Grantee's sole expense, including the restoration
of improvements within said easement to pre-maintenance condition. 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. 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 Water Meter and Mailbox 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.
ACKNOWLEDGMENT
State of Ca' is
County of t°
On L before m
t":�rt6e ame and title of the Icer
personally appeared who proved to me on the basis of satisfactory e the per s) whose n e(s) isfare
subscribed to the within instrument and acknowledged to me that 4e4aHe/they executed the same in
his/her/their authorized capacity(ies), and that by hf,�/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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. CLAUDIA A.MITCHEL L-BINGHAM�
j Commission No.1863248 0
v NOTARYPUBLIC-CALIFORNIA y
f SAN DIEGO COUNTY
omm Expires AUG 30,2013 I
Signatu al)
P�'`�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On C•C;e)' before me, . 1 ti �}?� A .O�
Date Here In ert me and Title of the Office
personally appeared
Name(s)of Signer(s
who proved to me on the basis of satisfactory evidence to
be the person(a) whose name* is/a4;9-subscribed to the
within instrument and acknowledged to me that
he/ehe*tey executed the same in his/heFA eir authorized
DEAN A GAY capacity(ies), and that by his/f4ef#reir signature(,sj on the
Commission# 1862433 Z instrument the person(!1), or the entity upon behalf of
_,� Notary Public-California > which the personJraj'acted, executed the instrument.
Z San Diego County
my Comm.Expires Aug 23,2013 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h n janofficial seal
Signature
Place Notary Seal Above Signature of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �^�� &(S D- l�`C3
Title or Type of Document:601 �� �'l ��� '��OaA)ox VA wses
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
❑ 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:
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