Loading...
2012-203933 DOC ## 201 2-0203933 Recording Requested By: 111111111111111111111111111111111111111111111111111111 IN APR 06, 2012 4:18 PM City of Encinitas OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr ,COUNTY RECORDER tj When Recorded, Mail to- FEES 4700 OC NA City Clerk PAGES: 11 City of Encinitas I��III��III��III��I�I II��I II�II��III��III��III��III��III��III��III��III 11111 1111 IN 505 South Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE EASEMENT FOR ACCESS AND LANDSCAPE PURPOSES Assessor's Parcel No: 260-650-01 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 the Rugar, Gary and Jeanette Family Trust, hereinafter called GRANTEE, an easement and right-of-way for access 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. t Date %�L Stfi 7C t7.i ,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: Rugar, Gary and Jeanette Family Trust Gary S. gar,Trust4e Date Jea ette K. Rugar, ust e ( Date EXHIBIT"A" LEGAL DESCRIPTION OF EASEMENT EXHIBIT A LEGAL DESCRIPTION THAT PORTION 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, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, LYING WITHIN PARCEL A AS DESCRIBED IN DOCUMENT NO. 2001-0339394 RECORDED MAY 25, 2001, RECORDS OF SAID COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: Beginning at a point in the northerly line of said Parcel A, distant thereon South 89 016'00"West 26.55 feet from the northeast corner of said Parcel A to the Point of Beginning, Thence continuing along said northerly line South 89 016'00" West 302.24 feet to the westerly line of said Parcel A; Thence along said easterly line South 00 051'00"West 4.17 feet; Thence North 890 16'00"East 92.56 feet; Thence South 78 043'39" East 57.60 feet; Thence North 89°16'00" East 140.51 feet; Thence North 37 059'17" East 20.70 to the Point of Beginning; The above described parcel contains 3332 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 �p LANp 3 cHAR<�s9G��. V N v�=No.PLS 5023 r M Leonard C. Stiles PLS 5023 * Exp. 1 /31/1 License Expires December 31, 2011 (P September 3, 2011 a OF CALIF EXHIBIT"B" PLAT OF EASEMENT EXHIBIT B 0 80, 160' .N' SCALE 1"---80' P.O.B - (easement) ------ S 89°16'00"W 328.79' ` 302.24' __+ 26.55' Soo°51100"W — _ 3332 s.f. �•. ME Corner 4.17' N89°16'00"E j— _- - - - - - - - - -� 92.56' N 89 016'00"E 140.51' .P=g'B 57.60' 20 70' Parcel A S 78°43'39"E N 37°59'17" E "R Easement 9 ranted to the 0 N the property owner to the north �, w"ft W w = o a PARCEL A o m W Z Document No. 2001-0339394 G Recorded May 25, 2001 N 7°24'00"W 67.23' S 89°16'00"W 344.47' Traverse PC EXHIBIT"C" LEGAL DESCRIPTION OF PROPERTY That portion of the Norwest 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 A as described in Document No. 2001-0339394 recorded May 25, 2001 in the Office of the County Recorder of San Diego County. EXHIBIT"D" EXHIBIT"D" Terms and Conditions Easement for Access and Landscape Purposes The grant of Easement for Access 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 and landscaping purposes, including the installation, construction, maintenance, repair, and replacement of irrigation systems, appurtenant facilities, and all facilities incidental thereto, and for the right to plant, maintain, replace, and remove landscaping, together with the perpetual right and requirement for the maintenance of said easement and any appurtenances therein solely by Grantee, its successors, or assigns, and at Grantee's sole expense. Together with the non-exclusive right of ingress and egress over and along said easement and right-of- way and the right to deposit tools, implements, and other materials thereon by Grantee, its successors and assigns 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 Grantor shall continue to enjoy access along and use of said easement as Grantor deems necessary and in any fashion that does not conflict with use and enjoyment of said easement by Grantee Grantors additionally covenant and agree for themselves, their heirs, successors, and assigns, that the real property described in Exhibits "A" and "B" is not for access or use by the general public but may be accessed and/or used by City, its heirs, successors, and assigns The Grantees hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained within said non-exclusive 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 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. ACKNOWLEDGMENT State of Calif a County of e On before me, nandtitle(insert nam the officer) /personally appeared ,who proved to me on the basis of satisfactory evi ce tc be thwhos me(s) is/are subscribed to the within instrument and acknowledged to me that 4e4he/they executed the same in his/her/their authorized capacity(ies), and that by hi,4her/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-BINGHAM y Commission No.1863248 n 0 NOTARY PUBLIC-CALIFORNIA y SAN DIEGO COUNTY Signatu Commission Expires AUG 30,2013 Pk CACC,5 S "r Lan" JeA8�p& eal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California C- County of OnCM CED ' 13 before me,- Date C Here Insert a and Title of the Officer personally appeared ame(s)of Signer(s) L e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8) is/are subscribed to the within instrument and acknowledged to me that he/sbQ4hoy executed the same in his/heAheir authorized DEANA GAY capacity(j*, and that by his/hefAheir signatureW on the Commission# 1862433 Z instrument the person(sl, or the entity upon behalf of i ,-: Notary Public-California > which the person(21 acted, executed the instrument. Z San Diego County M Comm.Ex ires Aug 23,2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd an official seal Place Notary Seal Above Signature Signature of otary 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: ep � C- o-i5 �; •��'�'` 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: ©2007 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