2008-83527 �� 7205 DOC # I 2008-0083527
1111111 I I I III IIIII II,I II Ilill II 11111111 Il I i IIIII Ilil III
Recording requested by: 7f FEB 19, 2008 3:11 PM
OFFICIAL RECORDS
Chicago Title Company I
coo I o b'AP! DIEGO COLIN rY RECORDER'S OFFICE
When recorded, mail to: 1 GRE ORrJ SMITH,COI-ItM,RECORDER
FEES: MOO
Gregg B. Hovey, Esq. DCNA DC: NA
Hovey&Associates PAGES: 7
255 "G" Street, Suite 688 !!
San Diego, California 92101-6808
DEDICATION AND GRANT OF EASEMENT FOR SANITARY SEWER AND UTILITY
PURPOSES
The undersigned Grantor declares that the documentary transfer tax is$0.00,and is
computed on the full value of the interest or property conveyed.
The real property is located in the City of Encinitas, County of San Diego, State of
California.
PREAMBLE
THIS DEDICATION AND GRANT OF EASEMENT FOR SANITARY SEWER AND
UTILITY PURPOSES(the"Easement') is made on February 1, 2008,by Philip G. deCarion, as
Trustee of The deCarion Living Trust dated February 28, 1991, ("Grantor').
RECITALS
A. Grantor is the owner of that certain real property located in the City of Encinitas,
in the County of San Diego, State of California, more particularly described as Lot 4 of City of
Encinitas Tract No. 00-186, in the City of Encinitas, County of San Diego,State of California,
according to Map thereof No. 14928,filed in the Office of the County Recorder of San Diego
County,December 16,2004(the"Servient Tenement').
B. Grantor is also the owner of that certain real property located in the City of
Encinitas in the County of San Diego, State of California,more particularly described as Lot 3 of
City of Encinitas Tract No. 00-186 in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 14928,filed in the Office of the County Recorder of
San Diego County, December 16, 2004(the"Dominant Tenement').
C. Grantor intends to sell the Servient Tenement and wishes to reserve easements
and rights in favor of the Dominant Tenement, in,to,over and across the Servient Tenement,
respecting a sanitary sewer, utilities and appurtenant structures, located on or under the Servient
Tenement,as more particularly described herein. For all purposes under this Agreement,the term
"Grantor"shall refer to the owner of the Servient Tenement and the term"Grantee"shall refer to
the owner of the Dominant Tenement,and all of each of their respective heirs,personal
representatives, successors and assigns.
rlPrarinn/rinr¢/crwrrracPmrnt 1 1
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AGREEMENT
NOW,THEREFORE, for valuable consideration,the receipt of which is hereby
acknowledged, it is agreed as follows:
1. Grantor hereby grants to Grantee an easement for sanitary sewer and general
utilities, appurtenant structures, ingress and egress purposes and all uses incident thereto,
including the right to make connections therewith from any adjoining properties,upon, over, and
across the Servient Tenement as described below(the"Easement").
2. The Easement is granted appurtenant to the Dominant Tenement.
3. The Easement is located upon,under,over and across that portion of the Servient
Tenement described on Exhibit"A"attached hereto and shown on the Easement Plat attached
hereto as Exhibit 1113."
4. The Easement includes without limitation,a right of way to construct,operate,
maintain,repair,reconstruct, replace,and remove,at any time and from time to time the sanitary
sewer and general utility facilities located on or under the Servient Tenement for the benefit of
the Dominant Tenement,as now or hereafter developed, and all necessary and proper access
roads, curbs,drainage or other improvements necessary for access over,across and under the
Easement(collectively,the"Utility Facilities').
5. Grantor fiuther grants to Grantee:
a. The right of ingress and egress over and upon the remaining lands of
Grantor by means of roads and lanes thereon, if such there be, otherwise by such route or routes
as shall occasion the least practicable damage and inconvenience to Grantor, for the purpose of
maintaining,repairing or replacing the Utility Facilities;
b. The right from time to time to trim and to cut down and clear away or
otherwise destroy any and all trees and brush now or hereafter on the Easement,or on either side
of the Easement,which now or hereafter, in the opinion of Grantee,may (i) be a hazard to the
Facilities by reason of the danger of roots thereon, or(ii)interfere with the exercise of Grantee's
rights hereunder. Said right shall not relieve Grantor of the duty as property owner to trim or
remove trees and brush to prevent danger or hazard to property or persons;
C. The right from time to time to enlarge, improve, reconstruct,relocate and
replace any Facilities constructed hereunder with any other number or type of Facilities, either in
the original location or at any alternate location or locations within the Easement;
6. Grantee hereby covenants and agrees:
a. Grantee shall provide Grantor with twenty four(24)hours notice prior to
any normal maintenance, repairs or replacement of the Facilities. No notice shall be required to
,ir('.arinn/ring/gPwerracrmrnt I
7207
make emergency repairs or to inspect the Facilities upon interference with the service or
operation of the Utility Facilities.
b. Grantee shall indemnify Grantor against any loss or damage which shall
be caused by the exercise of said ingress and egress or by any wrongful or negligent act or
omission of Grantee or of its agents or employees.
7. Grantor hereby consents to Grantee's conveyance of the Easement,or any portion
thereof,and any and all rights herein conveyed, in the form of an easement in gross or
appurtenant, and/or an irrevocable offer to dedicate real property to any governmental agency,
and/or to grant an easement in gross to any utility company, for public purposes without
necessity for further consent or documentation of any kind by Grantor. Grantor hereby consents
to any such conveyance or Grant by Grantee, and agrees to execute,acknowledge,and deliver to
and in favor of any governmental agency or utility company,any instrument reasonably
necessary to implement the intentions expressed or implied herein,provided that such execution,
acknowledgement and delivery shall be at no expense to Grantor.
8. The Easement includes a right and power in Grantee to grant or convey the
Easement, or any portion thereof,and all other rights herein conveyed to Grantee to any assignee
or sublessee of Grantee's right,title or interest in and to the Dominant Tenement. The Easement
further includes a right and power in Grantee to hypothecate,pledge or otherwise encumber the
Easement to a third party (an"Easement Mortgagee')as security for an obligation of Grantee.
Grantor hereby consents to any such grant, conveyance,hypothecation,pledge or other
encumbrance by Grantee, and agrees to execute,acknowledge and deliver to and in favor of any
assignee or Easement Mortgagee any instrument reasonably necessary to implement the
intentions expressed herein,provided that such execution, acknowledgement and delivery shall
be at no expense to Grantor.
9. Grantor hereby waives any claim for severance damages to the remaining portions
of the Servient Tenement contiguous to the Easement hereby conveyed by reason of the
construction, location,or maintenance of the Easement.
10. The Dominant Tenement may be subdivided,rezoned, improved and otherwise
developed for such uses as may from time to time be permitted by law,and no amount or number
of uses or other facilities thereon utilizing the Easement shall constitute an overburdening
thereof Similarly,the Servient Tenement may be subdivided,rezoned,improved and otherwise
developed for such uses as may from time to time be permitted by law,provided that such action
does not abolish,reduce, limit or interfere with Grantee's use of the Easement or maintenance of
the Utility Facilities.
11. Unless otherwise specifically provided herein, all communications given
hereunder shall be in writing and shall be deemed to have been duly delivered upon personal
delivery,or as of the second business day after mailing by United States mail,postage pre-paid,
to the respective address of the recipient set forth below,or to such other address or person as
any party may designate to the other for such purpose in the manner hereinabove set forth:
rlr( arinn/rinrtc/crwrrracvmrntl Z
7` 08
If to Grantor: Philip G. deCarion
678 North Coast Highway
Laguna Beach,California 92651
If to Grantee: Philip G. deCarion
678 North Coast Highway
Laguna Beach, California 92651
In the event that Grantee provides Grantor with written notice stating(a)that Grantee has
pledged its rights hereunder as security for an obligation,and(b)the name and address of the
Easement Mortgagee,then from and after the date of such notice,no notice,demand or other
communication to be given to Grantee hereunder shall be effective unless such notice,demand or
other communicati on also is delivered to the Easement Mortgagee in the manner set forth herein
at the address set forth in the Grantee's notice(or at any other address thereafter designated by
the Easement Mortgagee by notice to the Grantor).
12. In the event of any controversy,claim or dispute relating to this instrument or the
breach hereof,the prevailing party shall be entitled to recover from the losing party its
reasonable costs,expenses and attorneys' fees.
13. This instrument shall bind and inure to the benefit of the respective heirs,personal
representatives,successors and assigns of the parties hereto, including without limitation any
party who acquires the rights of Grantee hereunder following foreclosure, or transfer in lieu
thereof,of any pledge of Grantee's rights hereunder described in Paragraph 9 above.
IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day
and year first above written.
GRANTOR: GRANTEE:
Philip G. deCarion,Trustee of The Philip G. deCarion, Trustee of The
deCarion Living Trust dated February deCarion Living Trust dated February
28, 1991 28, 1991
By: 616� By: L
Nam Philip G.1heCiiiion Name: Philip G. detArion
Its: Trustee Its: Trustee
(Exhibits A and B have been provided by San Dieguito Engineering and will be attached)
cl P.C.n Ann/dnrc/c .wrrracPment1 4
7209
EXHIBIT"A"
LEGAL DESCRIPTION
A STRIP OF LAND OF LAND, 10.00 FEET IN WIDTH, LYING WITHIN LOT 4 OF CITY OF
ENCINITAS TRACT MAP NO. 00-186, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14928, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 16,
2004, BEING 5.00 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 4; THENCE
ALONG THE WESTERLY LINE OF SAID LOT SOUTH 4 022'44"WEST, 175.04 FEET TO THE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 43°28'58"
EAST, 107.07 FEET; THENCE SOUTH 77°25'10" EAST, 174.22 FEET TO THE BEGINNING
OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE, 34.15 FEET THROUGH A CENTRAL
ANGLE OF 6 031'20" TO THE EASTERLY LINE OF SAID LOT.
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No.7442
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1'0408
U:\Idata\sumeys\4545sum\letters,memos,lots\LEGALS\4545 LOT 4 SS LAT EASE EXB A.rtf
7210
STATE OF CALIFORNIA )
ss.
COUNTY OF
On Fd�.o. �y Rr mec X before me,N: c,2- w,'46^ (•tea&y P�bo-'�)
personally appeared ,wY-io G, DEG i who proved to me on the basis of satisfactory
evidence to be the person(&)whose name(a) islam subscribed to the within instrument and
acknowledged to me that heAheAhey executed the same in his/her/their authorized capacity(ies),
and that by his/her/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.
NICK WILSON
"22e- , 2L�_ (Notary Seal) � NOTA PUBLtir oesu 1
Signature of Notary Public m My T EE W 1.1.2011
riPr arinn/dnrc/arwrrrncPmrntl 7
7
EXHIBIT "B " 721
EASEMENT PLAT
SCALE 1"=60' /
0 60 120
POINT OF /
COMMENCEMENT
4 X45 6',3 WiLOFL /
LOT 2 R\
MAP 14928 1239 00' (R� LCf
X68 VA
TF) Y OR��F
58?g„w
237 79,
v S77.
0 25'10 O&
in ^ 174,22' E R 0�0.
,n / ` 0 . 0
3 / Q
NO
O� L c N
R,30. 15'
N
LOT 4 dc6• 0 00
MAP 14928 31 20"
LOT 3
MAP 14928 POINT OF
BEGINNING 2�Q
o° ^� LOT 8
o vN MAP 14928
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N �^
II � II
582'48'05' II
�E 241.70' �
LOT 5 tt,� G kqq
MAP 14928 P
U) O
7442
SAN DEGWO ENOPEEM06 NC. cq�I FOR��P
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525 I/by
CIVL ENG EEM0 • PLANNiO
LAND SURVEYM
U\!data\surveys\4545sury\dwg\PLATS\4545 LOT 4 SS LAT EASE.dwg 9/26/2007 SDE 4545