2007-474550
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DOC # 2007-0474550
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DFFICI.t..L RECDFiD':;
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Recording Requested By and
When Recorded Mail To:
JUL 16, 2007
4:00 PM
City Clerk
City ofEncinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
IIOOOO~~UOOWWWWW~Wllil
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GRANT OF EMERGENCY ACCESS EASEMENT
Assessor's Parcel /
No. 254-181-04 v
Case No. 05-273 DR/TPM/CDP
DOCUMENTARY TRANSFER TAX $ 0
Lawrence W. Holland and Jill B. Holland ("GRANTOR" hereinafter) are the owners of real property
which is commonly known as 1415 Rainbow Ridge Lane which is described as follows:
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See "A", which is attached hereto and made a part hereto
In consideration of the approval of Case No. 05-273 DR!TPM/CDP by the City of Encinitas
("GRANTEE" hereinafter), GRANTOR does hereby Grant and Convey to GRANTEE, a perpetual
exclusive easement and right-of-way for emergency access purposes only upon, through, over and
across that portion of the above-described property, as described in Exhibit "A" and as shown on
Exhibit "B" attached hereto and made a part hereof, as required for the use of emergency vehicles,
personnel and appurtenances, incidental thereto, together with the perpetual right to remove buildings,
fences, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the
use of said easement and right-of-way by GRANTEE, its successors or assigns, at the expense of the
GRANTOR, successors, or assigns expense, and to have and to hold said easement and right-of way
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.
GRANTOR 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 use of said easement and right-of way by GRANTEE,
its successors and assigns, provided no trees or fences shall be planted or grown thereon and the entire
area encumbered by the emergency access easement shall be unobstructed at all times, unless
authorized by the GRANTEE in writing.
The GRANTORS hereby covenant and agree for themselves, their heirs, successors and assigns, that
there shall not be constructed or maintained upon the above described real property or within said
easement and right-of-way, any buildings or structures of any nature or kind that will interfere with the
use of said easement and right-of-way unless authorized by said GRANTEE, its successors or assigns,
or that will interfere with the ingress or egress along said easement by said GRANTEE, its successors
or assigns. In addition, GRANTOR, their successors or assigns, will be responsible for all maintenance
of improvements within the emergency easement and GRANTEE will not be held liable for any
damages, thereto.
PBm TGM\ \g:\COVEN ANT\05-2 73 emergencyaccess
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The GRANTOR further agrees to indemnify and hold harmless the City of Encinitas, its agents, and
employees from damages and negligence of the GRANTOR.
The GRANTEE hereby covenants and agrees for itself, its successors and assigns, not to prevent the
GRANTOR, their successors or assigns, from crossing over said real property and agrees that the
GRANTOR, 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.
Dated
GRANTOR:
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by
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Jill B. Holland (' -
Dated
by
(Signature of GRANTOR must be notarized; attach the appropriate acknowledgement.)
This is to certify that the interest in real property conveyed by the foregoing deed or grant to the City of
Encinitas, a political corporation and/or governmental agency is hereby accepted, pursuant to authority
conferred by Resolution ofthe City Council adopted on November 9, 1994, as Resolution No. 94-107,
and GRANTEE consents to the recordation thereof by its duly authorized officer.
Dated
~/;~ /Or
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by
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
PBm TGM\ \g:\COVEN ANT\05-273emergencyaccess
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County of
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
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On '. lJVl e l ,706)
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before me,
personally appeared ~ Ck lAJ
J l Ll .~. tt1ili.ALLO ~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) ~/are subscribed to the within instrument and acknowledged to me that Rfflfle/they executed the
same in ~/their authorized capacity(ies), and that by Rf.s/Rer/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Signature
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JOMNA HMII
@ CornmIIIIort # 1640200 ,
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tan DIego County -
MrComm.IllpRIJan22,201
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WITNESS my hand and official seal.
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
~~; . Additfon~1 tn,.o;'~tion ~~ '
Method of Signer Identification
~ Personally known to me
. I Proved to me on the basis of satisfactory evidence:
- 0 form(s) of identification 0 cred,ble witness(es)
Identification is detailed in notary journal on:
Page # Entry #
containing
pages, and dated
The signer(s) capacity or authority is/are as:
o Individual(s)
o Attorney-in-Fact
o Corporate Officer(s)
Notary contact:
Other
Additional Signer(s) 0 Signer!" Thumbprint(s)
T,rel"))
o Guardian/Conservator
Partner - Limited/General
o Trustee(s)
o Other:
representing:
Name(s) of Person(s;:' :;it'~i"es) Signer is Represi?ntirg
<&'l Copyright 2005 Notary Rotary, Inc. 925 :?th St Des Moines. I/- S:312-~iS12 Form ACK02 la/OS. To fe-order, call toll-free 1-877-349..6588 or visit us on the Internet,:;~ http//Nww.n0~:Hyrot.::'Jconl
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EXHIBIT "A"
EMERGENCY VEHICLE EASEMENT
AN EASEMENT FOR EMERGENCY VEHICLE ACCESS OVER, ALONG AND
ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION THREE, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED TO LAWRENCE AND
JILL HOLLAND MAY 13TH, 2005 AS DOCUMENT NO. 2005-0408059; AND MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 1, AS
DESCRIBED IN SAID GRANT DEED; THENCE ALONG THE WESTERL Y
BOUNDARY LINE OF SAID PARCEL 1, N05057'52"W 104.57' TO THE POINT OF
BEGINNING OF THE PORTION OF LAND DESCRIBED HEREON; THENCE
LEAVING SAID BOUNDARY LINE, N84033'08'E 216.95' TO A TANGENT 28'
RADIUS CURVE CONCAVING SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 43.98' THROUGH A CENTRAL ANGLE OF
90000'00"; THENCE TANGENT TO SAID CURVE, S05026'52"E 10.50'; THENCE
N84033'08"E 24.00'; THENCE N05026'52"W 94.00'; THENCE S84033'08"W 24.00';
THENCE S05026'52"E 10.50' TO A TANGENT 28' RADIUS CURVE CONCAVING
NORTHWESTERL Y; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE 43.98' THROUGH A CENTRAL ANGLE 90000'00"; THENCE TANGENT
TO SAID CURVE, S84033'08"W 217.11' TO THE WESTERLY BOUNDARY LINE
OF SAID PARCEL 1; THENCE ALONG THE WESTERLY BOUNDARY LINE OF
SAID PARCEL 1, S05057'52"E 17.00' TO THE POINT OF BEGINNING.
EXCEPTING THE WESTERLY 24' THEREOF.
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