2016-13758 DOC# 2016-0013758
II I II II I III I I I I II III II II III I I III II I II IIII
Recording Requested By: ) Jan 12, 2016 03:49 PM
�P ) OFFICIAL RECORDS
1/ Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
l� ) FEES: $0.00
When Recorded Mail to: ) PCOR: N/A
PAGES: 7
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC SLOPE EASEMENT
Assessor's Parcel No: 262-062-35 Building Permit#: 15-2281
CAROL STEAD TUGGEY CO-TRUSTEE OF THE ROBERT ELLWOOD TUGGEY
FAMILY TRUST DATED APRIL 9, 1975 hereinafter called GRANTOR(S), are the
owner(s) of the real property in the City of Encinitas, County of San Diego, State of
California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
do(es) hereby grant and convey for valuable consideration to the City of Encinitas, State
of California, hereinafter called GRANTEE, a Public Slope Easement with the right to
extend and maintain drainage facilities, excavation and embankment slopes beyond the
limits of the right-of-way, subject to the terms and conditions set forth in City of Encinitas
Resolution 2009-59 adopted October 28, 2009, included as EXHIBIT "B" which is
attached and made a part hereof, the real property described as follows:
SLOPE AND DRAINAGE LIMITS AS SHOWN AS AO ON PARCEL MAP 14420, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15,
1986 AS INSTRUMENT NO. 86-351097, OFFICIAL RECORDS. SAID EASEMENT
BEING 60 FEET PERPENDICULAR TO THE CENTERLINE OF MANCHESTER
AVENUE PER SA 670.
GRANTOR(S): �7
Carol Stea Tuggey, Ownet Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
GRANTEE:
This is to certify that the interest in real property conveyed by deed or grant to the City
of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on
behalf of the City Council of the City of Encinitas pursuant to authority conferred by
Resolution of the Cit ouncil of the City of Encinitas adopted on November 9, 1994
and th gr e c s is to recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies
STATE OF CALIFORNIA only the identity or the individual who signed the document to which
this certificate is attached,and not the truthfulness,accuracy,or
validity of that document.(Civil Code 1189(1)(a)amended 20151
County of
On
--V�``i�A n o'/� before me, A. Vasvani, Notary Public
�a
Date Here Insert Name and Title of the Officer
personally appeared GA
R�L � ►`�_ vI G�y
Name(s)of Sig er(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that Iiiiie/she/tkay
executed the same in his/her/t"r authorized capacity(ies),
A. VASVANI and that by bis/her/tlwir signature(s)on the instrument the
COMMA 1988049 < person(s), or the entity upon behalf of which the person(s)
N acted,executed the instrument.
NOTARY PUBLIC-CALIFORNIA _r
SAN DIEGO COUNTY A I certify under PENALTY OF PERJURY under the laws of
MY Comm.Exp.AuG.16,2016 1 the State of California that the foregoing paragraph is true
and correct.
Witness my h d fficial seal.
Signature
Place Notary Seal Above Signature of Notary Pudic
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:
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 11 1=1=11M ❑ Attorney in Fact
❑ Trustee
• ❑ Trustee • .
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Calif
County of
On d before me, >� pa 0/ICs
Date Here Insert Name and Title of the o1ficer
personally appeared / YI
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they 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.
I Q.—
SAMANTHA MORROW
Comnrssion No.2W7518 0 WITNESS my hand and official seal.
NOTARY PUBLIC-CALIFORNIA arm►
SAN DIEGO COUNTY
co,,,,,, ,Expreswys.2ole Signatur �ZL
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 3 OF PARCEL MAP NO. 14420, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1986 AS INSTRUMENT NO. 86-
351097, OFFICIAL RECORDS.
EXHIBIT "B"
Terms and Conditions for
Grant of Public Slope Easement
The grant of public slope easement made by the Grantor named in the easement
document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable
consideration and is subject to the following terms and conditions. The public slope
easement shall be for a perpetual easement upon, through, over, and across the
hereinafter described real property for the installation, construction, maintenance,
repair, replacement, and reconstruction of earth embankment slopes and embankments
and facilities incidental thereto. The slope easement prohibits installation of any
buildings, structures, fences, trees, shrubs, landscape, underground or above ground
utilities, and changing the surface grade, or placement of other facilities that may
interfere with the use of the easement by the Grantee.
The Grantors grants to the Grantee continued use of the said easement and the right to
grade within the easement and remove buildings, structures, fences, trees, shrubs,
landscape, underground or above ground utilities, or any facilities that interfere with the use
of the easement by the Grantee, to remove soil and other materials within said easement
and to use the same in such manner and at such locations as said Grantee may deem
proper, needful, or necessary in the construction, reconstruction, and maintenance of said
slope easement.
To have and to hold said easement unto itself and unto its successors and assigns
forever, together with the right to convey said easement, or any portion of said
easement, to other public agencies.
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 the document granting the easement.
The Grantors may, at their own risk, use the surface of the above described real
property in a manner that will not interfere with or be detrimental to the use of said
easement by Grantee, its successors and assigns, provided no trees shall be planted or
grown thereon.
The Grantors hereby covenant and agree for themselves, their heirs, successors, and
assigns, the terms and conditions of this easement.
The Grantee hereby covenants and agrees for itself, its successors and assigns, not to
prevent the Grantors, their successors or assigns, from crossing over said real property
and agrees that the Grantors, their heirs, successors and assigns, may enjoy the
continued use of the surface of said real property herein described, subject to the
conditions above stated. The Grantee hereby covenants and agrees that after the
installation and completion of the slope in the above described easement it will restore
landscape, irrigation, erosion control., any utilities, and any fence removed by the
construction, unless the fence interferes with the easement use.
This easement may be terminated in accordance with the vacation procedures in
Section 8300 et seq. of the Streets and Highways Code of the State of California unless
an expiration date is specified in the easement grant.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the grant of public drainage easement.
Grantor agrees that Grantor's duties and obligations under this easement are a lien
upon the subject property. Upon notice and opportunity to respond, Grantee may add
to the tax bill of the Grantor any past due financial obligation owing to the Grantee by
way of this easement.
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 public slope easement the right to enforce
this easement against the Grantor.