2012-203932 DOC ## 201 2-0203932
Recording Requested By: �1111111 IN 111111111111111111111111111111111111111111111111111111 IN
City of Encinitas APR 06, 2012 4:18 PM
OFFICIAL RECORDS
When Recorded Mail to. SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr COUNTY RECORDER
FEES 4700
City Clerk OC NA
'
City of Encinitas PAGES: 11
505 South Vulcan Ave I IIIIII��III�IIII��I�I II�II II�II��III VIII VIII I II)��III I�III��III��III 11111 IN IN
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
,nn EASEMENT FOR ACCESS AND UTILITY PURPOSES
�'v, Assessor's Parcel No- 260-183-03
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 ,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
OA_
Gary S.�Iar,Trustee Date
0. , H, - � 1
Jean tte K. Rugar,Tr stee Date
EXHIBIT"A"
LEGAL DESCRIPTION OF EASEMENT
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 0 AS DESCRIBED IN DOCUMENT NO.
2001-0339394 RECORDED MAY 25, 2001, RECORDS OF SAID COUNTY OF
SAN DIEGO DESCRIBED AS FOLLOWS:
PARCEL A
Commencing at the southwest corner of said Parcel 0;
Thence North 89°18'30" East 56.28 feet along the southerly line of said Parcel 0
to the TRUE POINT OF BEGINNING.
Thence departing from said southerly line North 00 041'30"West 7.92 feet;
Thence North 47°30' 20° East 33.30 feet;
Thence North 87°53'13" East 215.36 feet;
Thence South 47 028'59" East 5.21 feet;
Thence South 4 049'19" East 31.98 feet to the southerly line of said Parcel 0;
Thence along said southerly line South 89°18'30 West 246.22 feet to the POINT
OF BEGINNING.
The above described parcel contains 7697 square feet, more or less.
PARCEL B
BEGINNING at the above described POINT OF BEGINNING
Thence South 89 018'30" West 56.28 feet along the southerly line of said Parcel
0 to the westerly line of said Parcel 0 and the easterly line of Ridgeway Heights;
Thence along said westerly and easterly lines North 1 000'00" East 8,50 feet;
Thence North 89 053'51" East 56.03 feet to the west line of the above described
Parcel A,
Thence along said west line South 00 041'30" East to the POINT OF
BEGINNING
The above described parcel contains 461 square feet, more or less
Both parcel are more particularly shown Exhibit B, attached hereto, and by
reference, made apart hereof.
Prepared in the Office of
NO Sv
GNARC�cs
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O No.PLS 5Q23 m
Leonard C. Stiles PLS 5023 * p,, �n� Co
License Expires December 31, 2011
Revised 12/09/2010
September 3, 2011 d+�q OF CAS-���Q�
EXHIBIT"B"
PLAT OF EASEMENT
EXHIBIT B
0 50' 100'
SCALE 1- 50'
N 89°18'30"E 306.04'
f N
_ PARCEL O N
Document No. 2001-0339394 rn
5, w Recorded May 25, 2001 0
Q o
P0
W ° S 47 028'59"E
U' N 47°30'20"E• 5.21'
C Z 33.30' N87°53'13"E215.36' _ � - - _ — _ j
S 89°53'51"W PARCEL A S 4°49'19"E I
C0 56.03' N 0°41'30"W 7697 s.f. 31.98'
— —� — — -� 7.92' �......
56.28' 246.22'
------
-A............ P.O.B S 89°18'30"W 317.93'
'PARCEL B Easement granted to the property
461 s.f. to the property owner to the south
Revised 12/09/2010
Traverse PC
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 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, cable, power, 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. 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 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 Cali nia ^ .
County of
On 1
before me, Ct�,► , I ,
(insert name and title of the officer)personally appeared Cj. eT#i d s pub
who proved to me on the basis of satisfacto evide to be the pers ) whose e(s)+s/are
subscribed to the within instrument and acknowledged to me that he/. kr /they executed the same in
his/her/their authorized capacity(ies), and that by his/ger/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.
CLAUDIAA.MITCHELL-BINGHAM
Commission No.1863248 A
^, NOTARYPUBLIC-CALIFORNIA
SAN DIEGO COUNTY
Signatu Commission Expires AUG 30,2013
Gc,oeme,�fi � (��ss -� l,C-+� � ►� Pw� 5-LS
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.cc•<e�.ecc�.cc•.cc�'.cCc�.e�.c�.cre<?cGc�.cr<e�-..�=c- - - - - - - - - - - - - - - - -
State of California
County of p>f)NN`L)�eCAc
OnCJ` , ���� before me,
Date Here Insert Nam a d Title of the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personW whose name(s'J is/aye subscribed to the
within instrument and acknowledged to me that
DEANA GAY 1862433 executed the same in his/her-ftheir authorized
Commission ts2433 capacity(ies), and that by his/he4their signature(e) on the 4
°-� Notary Public-California z instrument the person(s), or the entity upon behalf of
Z San Diego County which the person(a)`acted, executed the instrument.
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 nd d official seal
Signature �X
Place Notary Seal Above Signature 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:t
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.NationaiNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6827