2012-203931 DOC ## 201 2-0203931
Recording Requested B : 111111111111111111111111111111111111111111111111111111 IN
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APR 06, 2012 4:18 PM
City of Encinitas OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
When Recorded, Mail to: FEES 4700
OC. NA
City Clerk PAGES: 11
City of Encinitas I `
505 South Vulcan,Ave. IIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII
Encinitas, CA 92024
p SPACE ABOVE FOR RECORDER'S USE
,v
�!\�1 EASEMENT FOR ACCESS AND UTILITY PURPOSES
�\ Assessor's Parcel No: 260-183-01,-02,and-03�
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 access and utility 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.
Date
C- 14 r C Y 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
1,2
Gary S. gar,Trus Date
0.A I\n t�� y- 5 12
Jea ette K. Rugar,Tr tee Date
EXHIBIT"A"
LEGAL DESCRIPTION OF EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
THE CENTERLINE OF A 24.00 FOOT WIDE ACCESS EASEMENT OVER
THAT PORTION OF THE NORTHWEST QUARTER OF THE 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 0 AS DESCRIBED IN DOCUMENT NO.
2001-0339394 AND PARCEL N AS DESCRIBED IN DOCUMENT NO. 2001-
0339390 BOTH RECORDED MAY 25,2001, RECORDS OF SAID COUNTY OF
SAN DIEGO, BEING 12.00 FEET ON EACH SIDE OF THE CENTERLINE OF
SAID EASEMENT DESCRIBED AS FOLLOWS:
Commencing at the southwest corner of said Parcel 0;
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°41'30" West 7.92 feet to a
line to be known as " LINE A
Thence North 47 030'20" East 33 30 feet to the terminus of said LINE A;
Thence South 47 030'20" West along said LINE A 16.28 feet to the BEGINNING
of a curve in the centerline of said 24.00 strip, the radius point of which bears
NORTH 27°45'42" East 46.00 feet from said beginning;
Thence along said centerline the following eight courses;
Northwesterly along said curve19.22 feet through a central angle of 23 056'14":
North 38°18'04"West 10.36 feet;
Northerly 34.64 feet along a curve having a radius of 56.00 feet through a central
angle of 3502617" to the beginning of a compound having a radius of 1146.29
feet;
Northerly along said compound curve 129.90 feet through a central angle of
6 029'35"to the beginning of a reverse curve having a radius of 137.00 feet;
Northerly along said reverse curve 18.26 feet through a central angle of 7°38'12"
to the beginning of a compound curve having a radius of 1426.14 feet;
Northwesterly along said compound curve 302.15 feet through a central angle of
12008'21"to the beginning of a compound curve having a radius of 249.00 feet;
Northwesterly along said compound curve 55.89 feet through a central of
12 051'41"to the beginning of a reverse curve having a radius of 40.00 feet;
Northerly along said compound curve 19.46 feet through a central angle of
27 052'06" to a point in the northerly line of said Parcel N, distance thereon
N86°50'26" East 17.75 feet from the northwest corner of said Parcel N and the
terminus of said 24.00 foot wide strip.
The sidelines of said strip to be shortened or prolonged so as to begin in the
above LINE A and to end in said northerly of Parcel N.
All as more particularly shown on Exhibit B, attached hereto and by reference,
made a part hereof.
The above described parcel contains 0.319 Acres.
Prepared in the Office of
5�p LAWS S
,J4�G�Q,O CHgqz�G9�
NO.PAS 40
Leonard C. Stiles PLS 5023
N ' gyp. y �023 y
License expires 12/31/2011 9�
September 3, 2011 �p,�CALIfOQ�`P
EXHIBIT"B"
PLAT OF EASEMENT
EXHIBIT B
0 80' 160'
SCALE I"= 80'
r�
99 ia� N 86'51Y56"E 338.17'
17.75' 314.15'
+ GC7 North line Parcel N
C6 PARCEL N
poo Document No. 2001-0339390
` Recorded May 25, 2001
+
�+ Centerline
k+ CURVE RADIUS ARC DELTA
1 C1 46.00' 19.22' 23°5614"
+ C2 56.00' 34.64' 35°26'17"
C3 1146.29' 129.90' 6°29'35"
Z + C4 137.00' 18.26 7°38'12"
o I C5 1426.14' 302.15' 12°08'21"
+ C6 249.00' 55.89' 12°5141"
o I C7 40.00' 19.46' 27°52'06"
$_ +1 C5
+12
w . ..------Centerline 24.00'access easement
+ 0.319 Acres N
O I o
rn +
1 u'
w
LINE BEARING HORIZ DIST N
L1 N89 018'30"E 56.28' N
I L2 N0041'30"VV 7.92'
+ L3 N47°30'20"E 17 02' m
I L4 N38°18'04"W 10.36' o
I PCC
L5 N47°30'20"E 16.28'
.... -- C4
0
""- PRC
i
d C3
00 I
N S 89°18'30"W 306.04'
ti
W i PARCEL O
o ' Document No. 2001-0339394
0 0 ; Recorded May 25, 2001
O rn
cr) I... PCC «� o
Z I C2 '- o
C1 N? d o
--LINE A N47°30'20"E 33.30"
POC POB .... --
'Al
L2 L3 southerly line Parcel O '
L1
S 89 018'30"W 317.93'
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 Parcels N and 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 Access and Utility Purposes
The grant of Easement for Access and Utility 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
and utilities, 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 private sewer, water,
gas, power, cable, telephone lines, and other private utility services and appurtenances thereto
by Grantee, its successors and assigns Together with the perpetual right and requirement for
the maintenance of said private sewer, gas, power, telephone and other private utility services
serving solely Grantee's property and no other property, and the right and requirement to
perform pavement repair as necessary for the maintenance of said private utilities, 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. 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 and Utility 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
On before me kilo
�- (insert name and title of the officer
personally appeared ' Ck S
who proved to me on the basis of satisfactory evid ce to be the pe so (s whose n me(s)
subscribed to the within instrument and acknowledged to me that fae/s#e/they executed he same in
his/her/their authorized capacity(ies), and that by hisfher/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.MITCHELL-BINGHAMJ
o - Commission No.1863248 0
C NOTARYPUBLIC-CALIFORNIA w
SAN DIEGO COUNTY
Signatu ( Commission Expires AUG 30,2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of D
On MIT:D' k3L before me,
Date Here Insert a and Tit a of the Officer ^ '
personally appeared r---_xa?A
Name(s)of Signer(s)
r
who proved to me on the basis of satisfactory evidence to
be the person('whose name(s) is/aF subscribed to the
within instrument and acknowledged to me that
he/she4hey,executed the same in his/he##ieir authorized
capacity(iiee}, and that by his/he##4@if signature* on the
instrument the person(sj, or the entity upon behalf of
DEANA GAY which the erson
Commission# 1862433 p (acted, executed the instrument.
Z°`r Notary Public-California
Z
San Diego County > I certify under PENALTY OF PERJURY under the laws
My Comm.Expires Au 23,2013+ of the State of California that the foregoing paragraph is
true and correct.
WITNESS han and official seal
Signature
Place Notary Seal Above Signature of Notar ublic
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 I,sz'a' t-001 avc� - 03
Title or Type of Document: 'l
Document Date Number of Page .
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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