2007-679698
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DOC # 2007-0679698
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Recording Requested By and
When Recorded Mail To:
OCT 25, 2007
10:03 AM
OFFICI.6.L F:ECOF,DS
':;,6.N DIECiO DJUrH',' RECOF:DEW:; OFFICE
CiF:ECiOF,'( J. ':;t',,1ITH COUNn' F,ECOF,DEF:
FEE~; D.DD \\/,il:'(S 2
OC r'J.il.
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
PAGES: 8
(SP A~
/1111111111I1111I111111111111111111111111111111111111111111/11111111111I11111111
GRANT OF EMERGENCY ACCESS EASEMENT
Assessor's parcel;
No. 216-082-27
Case No. 06-210 BA/CDP
DOCUMENTARY TRANSFER TAX $ /?
Marian E. Weber ("GRANTOR" hereinafter) is the owner of real property which is commonly known
as 305 Hillcrest Drive and which is described as follows:
THE EASTERLY 225.56 FEET OF LOT 30 OF AVOCADO ACRES NO.3, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE MAP THEREOF NO. 2063, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 3, 1927, AS MORE
PAR TICULARL Y DESCRIBED IN THE GRANT DEED RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOCUMENT NO. 2005-
0311345, APRIL 15,2005.
In consideration of the approval of Case No. 06-210 BA/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
PBD\KK\ \g:\COVENANT\06-21 Oemergencyaccess.doc
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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.
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.
GRANTOR:
Dated 3//'1 /07 by,' / ({: ~~~~"E ';0 k--i__
(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 of the City Council adopted on November 9, 1994, as Resolution No. 94-107,
and GRANTEE consents to the recordation thereofby its duly authorized officer.
Dated It)/~/o=r
(l(). f1L
by
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
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CALIf:ORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Counly 01 ,II, r u0' .
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, Date m ~metiaAvJilliiur~,~~,i?cUbti&liC")
Zer nally appeared ,~ / I ~1tr/ ~'/v7 ~,k R N-v ,
Name(s) of Signer(s)
personally known to me - OR - 0 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 ins.trument.
WITNrf;f;d and?~~Ci"2?C
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On
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.
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Description of Attached Document
Title or Type of Document:
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Document Date:
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Nvrtl'r of Pages:
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Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
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/Slgner's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact , /
o Trustee ///
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o Guardian or Conservator /'
o Other: /
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o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
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RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
@ 1994 National Notary Association. 8236 Remmet Ave" P.O, Box 7184. Canoga Park, CA 91309-7184
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
Name of the Notary:
a
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2/ j-~7f
Commission Number: / .5f3 .:<1/
County Where Bond is Filed: , _a
Date Commission Expires:
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Manufacturer or Vendor Number:
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(Located on both sides of the notary seal border)
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Fir ame (if applicable)")
Place of Execution:
[1c; /u/:vJ
Date:
10/2</0 1
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Rae. Form #R10 (Rev 8/13/97)
Oo-CO:(SS-WW) NOllWna . :also . t'l6!;:SINa . i!:llOO"1YaMXV":~S .lawll Jl./6u,wa l8JJua:l] Mid ~i!::6!;:!; lOOi!:lHIC lV (]J\:lll .619 i1DVd
, SUBORDINATION AGREEMENT
0"N "J E"l2:-: J\.-1~ q?\ () -E". W d~ I I 17ve;A-o('"
Whereas those parties concerned desire to have the Deed of Trust recorded A~ t l::1,. 2J::;c::Jq;
as Document No. Z::vS - t::> !Ill ~ of Official Records subordinated to Grant of
Emergency Access Easement ("DOCUMENT" hereinafter) Required As Condition of Approval
Of Case Noo 06-210 BA/CDP;
Now, therefore, in consideration of the approval of Case No. 06-210 BAlCDP, the undersigned
BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of
Trust.
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(Signature)
BENEFICIARY OR TRUSTEE:
Dated....M .1- Y
Title: -V ; c.(
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BE1\TEFICIARY OR TRUSTEE:
Dated
by
(Print Name)
Title:.
(Signature)
(Signature of BENEFICIARY OR TRUSTEE must
be notarized; attach the appropriate
acknowledgement. )
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred. by
Resolution of the City Council adopted on November 9, 1994. as Resolution No. 94-107, that the City
of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to
recordation thereofby its duly authorized officer. ~ /) /) n J
Dated 10 II z.-/O? by ~ Lit.:' VL-
.
Peter Cota-Robles
City Engineer and Director of Engineering Services
City ofEncinitas
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STATE OF TEXAS S
S
COUNTY OF DALLAS S
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jJBefore me, the un~ersigne? authority, on this day personally appeared -:;:; ALl., the
If r' of WAR::. H7,uc, TOI..J. MU7ukU . personally known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 1 th day of July, 2005
SEAL
PARAS VAlLIANt
My Commtllton .....
JanucHy 24, 2011
~~
NOT Y PUBLIC - State of Texas
My commission expires:
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT FOR EMERGENCY VEHICLE ACCESS
That portion of the Easterly 225.56 feet of Lot 30 of Avocado Acres No.3, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof No. 2063,
filed in the Office of the County Recorder of San Diego County, October 3, 1927,
described as follows:
Commencing at the Southeasterly corner of said Lot 30; thence South 74009'00" West
along the Southerly line of said Lot 30, 161.56 feet, more or less, to the True Point of
Beginning; thence continuing along said Southerly line South 74009'00" West 40.00 feet
to a point that bears North 74009'00" East 24.00 feet along said Southerly line from the
Southwesterly corner of the Easterly 225.56 feet of said Lot 30; thence North 16001'30"
West, parallel to the Westerly line of the Easterly 225.56 feet of said Lot 30, 47.91 feet to
a point on the arc of a 28.00 foot radius curve, concave Northeasterly, to which a radial
line bears South 73058'30" West; thence Southerly and Easterly along the arc of said
curve 43.90 feet through a central angle of 89049'30" to a point on the arc of said curve
to which a radial line bears South 15051 '00" East; thence tangent to said curve North
74009'00" East 12.09 feet; thence South 16001'30" East 20.00 feet to the True Point of
Beginning.
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EXHIBIT II BII
PLAT - EASEMENT FOR EMERGENCY VEHICLE ACCESS
APN 216-082-27
- EASEMENT FOR EMERGENCY VEHICLE ACCESS GRANTED TO THE CITY OF ENCINITAS
_ N 16001'30" W 241.25'
- T - - - * - 96.50'- -, - 144.75'
i I i EXISTING 20' EASEMENT FO TREET PURPOSES PER MAP 2063
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EXIST 24' PRIVA+E OAD & UTILITIES
ESMT PER DOC No. 2005-0311345 Rae 4/15/05
EXIJT 20' PRIVATE ROAD ESMT
PfR MAP 2063 & PM 2224
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