RECORDING REQUESTED BY: 2023-003826
Robert Benda 4:21 pm 01/25/2023 A3 Fee: $116.00
Count of Pages 9
Recorded in Official Records
County of San Mateo
When Recorded Mail Document to Mark Church
Assessor-County Clerk-Recorder
Robert Benda
52 Idlewood Dr
South San Francisco, CA 94080 R0003327101$
qf
Documentary Transfer Tax is $0
(X) computed on full value of property conveyed
() computed on full value less value of liens and encumbrances remaining ( ) Unincorporated area: (X) City of: Pacifica
City transfer tax is $ 0 yor eiderator agent determing tax: usual, tuseall,/23/23 Robert Benda
AMENDMENT TO GRANT OF EASEMENT
This AMENDMENTTO GRANT OF EASEMENT ("Amendment") is entered into as of Jam. 23 day of 2023 ("Effective Date"), by and between Robert Benda and John Spenker as successors-in-interest to Dan Doyle Wilson and Minnie Alice Wilson ("Grantor") and Nicholas D. Sablinsky and Janet B. Sablinsky, trustees under Declaration of Trust dated October 15, 1993 as successors-in-interest to Nicholas Demetri Sablinsky and Alice Janet Sablinsky ("Grantee") with reference to the following facts:
A. WHEREAS, Grantor is the owner of that certain real property located in Pacifica, California and described as Lots 6, 13, 14 and 15 in Block 21, as designated on the Map entitled "Rockaway Beach (subdivision No.1)", which Map was filed in the Office of the Recorder of the County of San Mateo, State of California on December 23, 1908, in Book 6 of Maps at Page 53 ("Servient Tenement").
B. WHEREAS, Grantee is the owner of that certain real property commonly known as 171 Bayview Road, Pacifica, California, and described as Lots 4 and 5 in Block 21, as designated on the Map entitled "Rockaway Beach (subdivision No.1)", which Map was filed in the Office of the Recorder of the County of San Mateo, State of California on December 23, 1908 in Book 6 of Maps at Page 53 ("Dominant Tenement").
C. WHEREAS, by Grant of Easement dated July 8, 1974 and recorded on July 10, 1974 in Volume 6653 of Official Records, County of San Mateo, Page 78 under the Recorder's Serial Number 61640AH ("Grant of Lot 6 Easement"), Grantor's predecessor-in-interest granted to Grantee's predecessor-in-interest a perpetual and exclusive easement appurtenant for the planting of 1 trees, planting of shrubbery, planting of grass, covering with gravel or other cover material and construction of a fence and all connected or associated purposes, together with the right of ingress or egress to and over said easement ("Lot 6 Easement"), covering all that certain real property situated in the County of San Mateo, State of California, described as follows:
A strip of land of the uniform width of 13 feet along the northerly boundary line of said Lot 6 of said Servient Tenement which adjoins the southerly boundary line of the Dominant Tenement.
D. Whereas, Grantor and Grantee now desire to amend the location of the Lot 6 Easement and certain terms and conditions of the Lot 6 Easement.
NOW THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Removal and Replacement of Walls. The parties hereto agree that Grantor shall have the right at any time after the Effective Date, to remove the wood retaining wall ("Wood Wall") and cinderblock retaining wall ("Cinderblock Wall") that currently run along the Lot 6 Easement and construct a new engineered retaining wall ("Replacement Retaining Wall") in a location that is approximately seven feet to the south of the northerly boundary line of Lot 6 of the Servient Tenement. The retaining wall shall be constructed in such a manner that the stem thickness is not greaterthan 12 inches and the entire structure does not encroach more than 16 inches into the new easement measured from the northerly line of the easement. The Replacement Retaining Wall design in all instances shall ensure feasible construction of a driveway not less than 16 feet in width along the Servient Tenement. Grantor shall retain a licensed contractor ("Contractor") to remove the Wood Wall and Cinderblock Wall and to construct the Replacement Wall (collectively the "Work") and shall give Grantee at least five days' written notice prior to commencement of the Work. At least five days prior to commencement of the Work, Grantor shall deposit the full amount of the construction cost of the Replacement Retaining Wall as determined by the construction contract for the Replacement Retaining Wall in escrow with Allison-McCloskey Escrow Company. During the construction of the Replacement Retaining Wall, Grantor shall be entitled to withdraw from escrow sums sufficient to pay for any amounts then due and owing under the construction contract for the Replacement Retaining Wall. In the event that for whatever reason, Grantor does not complete the Work in a reasonable amount of time (including any delay caused by inclement weather, labor or supply shortages, natural disasters, moratoriums or other governmental actions, pandemics, force majeure, or acts of God), Grantee shall have the right to withdraw from escrow an amount sufficient to complete construction of the Work. Upon completion of the Work, Grantor shall be entitled to withdraw all amounts remaining in escrow. It is the intention of the parties that the Contractor will remove and replace the Cinderblock Wall with the Replacement Wall in segments, but the actual method and order of the Work shall be determined by the Contractor in his reasonable discretion. Grantor shall be responsible for all costs associated with the Work. 2 2. Removal of Fencing. The parties hereto agree that Grantor shall have the right at any time after the Effective Date to remove the fencing ("Fencing") that currently runs along the southern side of the Lot 6 Easement and to install new fencing ("Replacement Fencing") of similar size, width, height and material as the Fencing in a location that is approximately seven feet to the south of the northerly boundary line of Lot 6 of the Servient Tenement along the top of the Replacement Retaining Wall. The Replacement Fencing shall tie into Grantee's remaining fencing. In addition, as part of the installation of the Replacement Fencing, Grantor shall repair that portion of Grantee's existing fence and gate next to Grantee's house that is currently leaning. Grantor shall be responsible for all costs associated with the removal of the Fencing, installation of the Replacement Fencing, and the repair of that portion of Grantee's existing fence and gate next to Grantee's house that is currently leaning.
3. Removal of Other Improvements and Plants. The parties hereto agree that after the Effective Date, Grantorshall have the right to remove any other improvements (Other Improvements"), trees, plants, irrigation systems, and other materials located more than seven feet to the south of the northerly boundary line of Lot 6 of the Servient Tenement. Grantor shall replace any irrigation that is removed with comparable irrigation along the southern boundary of the Amended Lot 6 Easement Location (as defined below). Except for the replacement of the Cinderblock Wall, Fencing, and irrigation on the terms and conditions set forth herein, Grantor shall have no obligation to replace any Other Improvements, trees, plants or other materials that are removed pursuant to the rights granted herein.
Maintenance. After the completion of the Work, Grantor shall be solely responsible for the maintenance and repair of the Replacement Wall. After the completion of the Replacement Fencing, Grantee shall be solely responsible for the maintenance and repair of the Replacement Fencing.
5. Abandonment of Southern Six Feet of Lot 6 Easement. The Lot 6 Easement is amended to substitute the following location for the Lot 6 Easement:
A strip of land of the uniform width of 7 feet along the northerly boundary line of said Lot 6 of said Servient Tenement which adjoins the southerly boundary line of the Dominant Tenement ("Amended Lot 6 Easement Location").
As of the Effective Date, Grantee abandons all rights to any portion of Lot 6 of the Servient Tenement other than the Amended Lot 6 Easement Location and acknowledges that any continued use after the Effective Date of any portion of Lot 6 of the Servient Tenement other than the Amended Lot 6 Easement Location is with the express, revocable permission of the Grantor. Notwithstanding any other provision hereof, Grantee shall have the right to continue to maintain the Wood Wall and Cinderblock Wall in their current locations until such time as the Work has been completed and the right to continue to maintain the Fencing in its current location until such time as Grantor has exercised their right to remove the Fencing pursuant to paragraph 2 hereof.
Once the Work has been completed and the Replacement Fencing installed, Grantee 3 shall have no further rights to any portion of Lot 6 of the Servient Tenement other than the Amended Lot 6 Easement Location. Nothing set forth in this paragraph is intended to interfere in any way with Grantor's right to remove the Wood Wall, Cinderblock Wall and Fencing as set forth herein.
6. Further Assurances. Each party agrees to perform, execute, deliver and record any further documents and assurances as may be reasonably necessary to consummate the transactions and agreements contemplated hereby. If requested by Grantor in writing afterthe completion of the Work and installation of the Replacement Fencing, Grantee will execute and record any documents necessary to acknowledge the completion of the Work, installation of the Replacement Fencing and abandonment of all rights to any portion of Lot 6 of the Servient Tenement other than the Amended Lot 6 Easement Location.
7. Binding Effect. This Amendment shall run with the land and the benefits and burdens shall be binding on and shall inure to successors and assigns of the parties.
8. Any Controversy. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
9. Specific Performance. The parties agree that any party hereto shall be entitled to the equitable remedy of specific performance in the event of any breach or anticipatory breach of this Amendment or any provision hereof in addition to being entitled to recover damages.
SIGNATURES SET FORTH ON SEPARATE PAGE
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the date first appearing above.
tuscale 1123/23
Nicholas D. Sablinsky and Janet B. Sablinsky,
Robert Benda trustees under Declaration of Trust dated
October 15, 1993
-1123/23 Whichola D Lablinel 1/23/23
John penker
Nicholas D. Sablinsky, trustee
janer B Sallity Van 23,203
Janet B. Sablinsky, trustee
ACKNOWLEDGMENT
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 California -
County of SAN mAtEO
2023
On _ JANUARy 23RD, before me, JosepHine Swer (insert
name), a notary public, personally appeared ROBERT WILIAM BENDA - who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) islate 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(sy 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.
JOSEPHINE SUEN
Notary Pubiic • California
San Mateo County
Commission # 2360424
My Comm. Expires Jun 18. 2025
Signature (Seal)
6 ACKNOWLEDGMENT
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 California )
County of SAN mATEs
2023
On JANuARy 23Rp before me, Josepirit Suza (insert
name), a notary public, personally appeared JOHN HAYDEN SpENKER who proved to me on the basis of satisfactory evidence to be the person (s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized capacity(ies), and that by his/her/théir 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.
JOSEPHINE SUEN
Notary Public - California
San Mateo County
Commission # 2360424
My Comm. Expires Jun 18, 2025
Signature (Seal)
ACKNOWLEDGMENT
7 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 California
County of SAN WATBO)
On JANUARy 23R9.2073 before me, JosepHINz Suer (insert
name), a notary public, personally appeared JANET BRIMHAL SABLINSKY _ who proved to me on the basis of satisfactory evidence to be the person S) whose names) 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(sy 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.
JOSEPHINE SUEN
Notary Public - California
San Mateo County
Commission # 2360424
My Comm. Expires Jun 18, 2025
Signature (Seal)
ACKNOWLEDGMENT
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 California )
County of SAN mATEo
On JANUARy 23202023 'before me. Joseptine Suz insert
name, a notary public, personally appeared NicHOLAS DimiTKy SABLiNSKY 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/theif 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.
JOSEPHINE SUEN
Notary Public • California
San Mateo County
Commission # 2360424
My Comm. Expires Jun 18, 2025
Signature_ (Seal)