2008-44515Recording Requested By and
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
V OR THE BENEFIT OF THE CITY
r i ' :Fly-E_i~
P.A C 1, S:
(SPAL.1: C113111 V L'. 1'1-1111 1\L:V Vl\LL'1\ J U01 )
GRANT OF EMERGENCY ACCESS EASEMENT
Assessor's Parcel / Case No. 06-168 TM/D INCDP
No. 254-181-02 ✓ DOCUMENTARY TRANSFER TAX T. r-
Rainbow Ridge Estates, LLC ("GRANTOR" hereinafter) is the owner of real property which is
commonly known as 1435 Rainbow Ridge Lane which is described as follows:
BIr
V See Agent "A", which is attached hereto and made a part hereto
In consideration of the approval of Case No. 06-168 TM/DR/M1N/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.
PBD\TGM\\g:\COVENANT\06-168tmdrmincdp.emergencyaccess.doc - 1 -
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 i Z- f l %rle- 7 by
inbow Ridge Estates, C
(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 thereof by its duly authorized officer.
Dated ~~2Z! 08 by
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
PBD\TGM\\g:\COVENANT\06-168tmdrmincdp.emergencyaccess.doc -2-
STATE OF CALIFORNIA
COUNTY OFSan Diego
} SS:
personally known to me (or 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(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
n
1. ~ - ~ "
Signature of Notary ublic
RECEIVED IN POOR CONDITION
NANCY CAMARENA
M
COMM,# 1869978 N
WARY PyRIC4ALIFORNIA
SAN 01foo COUNTY
MY Gomm. Exp. MAY 25, WO "t
(This area for official notarial seal)
1
On_ `L.L~1 / ! / before me, Nancy Camarena
SUBORDINATION AGREEMENT
COMM1UN11rY NATIONAL BANK (5ENEr=1C1AR1()
Whereas those parties concerned desire to have the Deed of Trust recorded /,',ra S4 Zp06
as Document No. Zv 6 - 65-< G Z 7 2 of Official Records subordinated to Grant of
Emergency Access Easement ("DOCUMENT" hereinafter) Required As Condition of Approval
Of Case No. 06-168 DR/TPM/CDP;
RAINBOW RIDE -STATES, LLC (BbREDWcR)
Now, therefore, in consideration of the approval of Case No. 06-168 DR/TPM/CDP, 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.
BENEFICIARY
C,(,'AAivkUV17Y hiftT10IVAL V5(V A3V-'
Dated 2 - ZI - 01
Title: - P (r C,
BENEFICIARY OR TRUSTEE:
Dated ~ Z - z ( - 01
Title: by
by crc-V N J,~
rint Nam
4-7~7
(Si ature)
(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 thereof by its duly authorized officer.
Dated ~ by
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
PBD\TGM\\g:ACOVENANT\06-168tmdrmincdp.emergencyaccess.doc - 3
State of California ) CALIFORNIA ALL-PURPOSE
County of Sctn A P f d ) CERTIFICATE OF ACKNOWLEDGMENT
On PI ell r before me, ~ ~ ~c~ ~ l ~~l ,L
(here insert name and title of the officer)
personally appeared ~ f rr y VP~~
personally known to me ( to be the person whose
name( s/ re subscribed to the within instrument and acknowledged to me that he .sh hey executed the
same in his~",their authorized capacity(i, and that by hi he their signature on the instrument the
person(, or the entity upon behalf of which the person( acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
ROOM HRWM
Commission # 16301W
Notary Public - CaAfbilli
son DWW Coul
Comm. AAOr 19, 1
(Seal)
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to on 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
containing pages, and dated
The signer(s) capacity or authority is/are as:
Individual(s)
AthTmev in-Faci
! orrror )te Officer(s)
rirlels)
Crrrlydian/Conservator
"',Wne' Llmrted/General
__-rustee(si
O[hec
- - - -
representing:
',lam=(sl of Personts) , bttiMies) Signer is Representing
Method of Signer Identification
❑ Personally known to me
❑ Proved to me on the basis of satisfactory evidence:
E 0 form(s) of identification O credible witness(es)
Identification is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
_I
i r rv Rota In ??t I I tii_, nes Moines, IA 50312-3612 Form ACK02. 10/05. To re order, call toll-free 1-877-349-6588 or visit us on the Internet at http.//www. notaryrotary. corn
SUBORDINATION AGREEMENT
LO,5 LC>BOS ENTERPRISES INC. (BENEFICt4CY)
Whereas those parties concerned desire to have the Deed of Trust recorded A/0✓!,i`zbu' jr., UGC
as Document No. 1.007 - o7 2'/ 117 t of Official Records subordinated to Grant of
Emergency Access Easement ("DOCUMENT" hereinafter) Required As Condition of Approval
Of Case No. 06-168 DR/TPM/CDP;
(RAIN.BOW Ri[w..E e5TA-ras, LLC (BO(ZPUWER~
Now, therefore, in consideration of the approval of Case No. 06-168 DR/TPM/CDP, 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.
BENEFICIARY /L
Dated
Title:
by Lass 3. r A cii~ As
(Print Name)
(jWature) _
I
BENEFICIARY 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 thereof by its duly authorized officer.
Dated ` by
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
PBDvTGM\\g:ACOVENANT\06-168tindrmincdp.emergencyaccess.doc -3 -
State of CalifZ11 a ) CALIFORNIA ALL-PURPOSE
County of \J(/) CERTIFICATE OF ACKNOWLEDGMENT
On o before me,
here insert name and title of the officer)
personally appeared .k o-y / S" J, Fu-Iii -
personally known to me (or 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.
WITNESS my hand and official seal. 4.i; NANCY CAMARENA e
COMM. # 1669978 ►tnn
Y PUBLIC•CALIFORNIA VI
NOTAR
SAN DIEGO COUNTY
MY COMM. EXP. MAY 25, 2010
P
Signatur ~ J/( (Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of~cknowledgment is attached to a document
titled/for the purpose of E al i)n
containing pages, and dated fz)--M^ /
The sic r(s) capacity or authority is/are as:
ndividual(s)
Attorney in fact
Corporate Officer(s)
Title(s)
Method of Siqner Identification
❑ Personally known to me
roved to me on the basis of satisfactory evidence:
❑ form(s) of identification O credible witness(es)
Identification is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer(s) ❑ Signer(s)Thumbpr'int(s)
❑ Guardian/Conservator
Partner - Liniited/General
Trustee()
Other.
representing:
"Jane of Per in(s) or l Signer is Repiesentinq
nuns - iCUtIf r -'-H v in, _vtn _t., I les nsoines, IA SOi12-,612 Form AcK02. 10/05. To re-order, call toll-free 1 877-349-6588 or visit us on the Internet at http.//www. notaryrotary _com
"EXHIBIT A"
EMERGENCY VEHICLE ACCESS EASEMENT
AN EASEMENT FOR EMERGENCY VEHICLE ACCESS OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN A DEED TO
RAINBOW RIDGE ESTATES RECORDED AUGUST 4, 2006 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY AS DOCUMENT
NUMBER 2006-0556271 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID RAINBOW
RIDGE ESTATES LAND; THENCE EASTERLY ALONG THE NORTHERLY
BOUNDARY OF SAID LAND, N84°3227"E 24.00 FEET TO A POINT THAT IS
24.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO THE WESTERLY
LINE OF SAID LAND, SAID POINT BEING THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY BOUNDARY, N84°32'27"E 260.58
FEET; THENCE LEAVING SAID BOUNDARY, S05°27'33"E 16.84 FEET; THENCE
WESTERLY AND PARALLEL TO SAID NORTHERLY BOUNDARY, S84°32'27"W
15.68 FEET TO THE BEGINNING OF A 28.00 FOOT RADIUS TANGENT CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE 44.23 FEET THROUGH A CENTRAL ANGLE OF 90°30' 19";
THENCE TANGENT TO SAID CURVE S5°57'52"E 15.68 FEET; THENCE
S84°02'08"W 16.50 FEET; THENCE N05°5752"W 15.65 FEET TO THE
BEGINNING A 28.00 FOOT RADIUS TANGENT CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE 43.74 FEET THROUGH A CENTRAL ANGLE OF 89°29'41"; THENCE
TANGENT TO SAID CURVE AND PARALLEL TO SAID NORTHERLY
BOUNDARY, S84°32'27"W 172.25 FEET TO A POINT ON THE EASTERLY LINE
OF THE WESTERLY 24.00 FEET OF SAID LAND; THENCE ALONG SAID LINE
N05°57'52"W 17.50 FEET TO THE POINT OF BEGINNING.
O O RAINBOW RI DGL R AO D
_ N05.57'52 "W 163.07'----
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