2008-440732
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DOC # 2008-0440732
11111111111111111 11111 1111111111111111111111111 111111111111111 11111111
AUG 18,2008 4:18 PM
OFFICI,LI,L RECORD'3
~3MJ DIEGO COUNT')' RECDRDEFi'~; OFFICE
GREGOR'.,' J ':;HITH CO U tHy' RECORDER
FEES: [100
DC N,II,
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
PAGES: 6
1~111~1111111~lllil
FOR THE BENEFIT OF THE CITY
Assessor's Parcel /
No. 258-161-11 v
GRANT OF' EMERGENCY ACCESS EASEMENT /)
DOCUMENTARY TRANSFER TAX $ L/
Case No. 05-237 TM/MUPlDR/CDP/EIA
Pacific Station Property LLC, a Delaware limited liability company ("GRANTOR" hereinafter) is the
owner of real property which is commonly known as 687 South Coast Highway 101 and which is
described as follows:
A PORTION OF PARCEL 9 OF PARCEL MAP NO. 12092, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 6,1982, AND LOTS 4 AND 5 IN
BLOCK 60, ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 148, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1883, AS MORE
PARTICULARLY DESCRIBED IN THE GRANT DEED RECORDED AS DOCUMENT NO.
2005-1007295 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 21,2005.
In consideration of the approval of Case No. 05-237 TM/MUP/DR/CDP/EIA 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 O\\'n 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 that the entire area encumbered by the emergency access easement
shall be unobstructed at all times, unless authorized by the GRANTEE in writing.
PBD\KK\\g:\Covenant\05-237emergencyaccessESt - 1 -
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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
danlages, thereto.
The GRANTOR further agrees to indemnify and hold harmless the City of Encinitas, its agents, and
employees from damages and negligence ofthe 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:
Pacific Station Property LLC, a Delaware limited liability company
By: Pacific Station Holdings LLC, a Delaware limited liability company, its sole Member
By: Pacific Station LLC, a cali.fo. mia li~m't. ed l'a bi.lii.ty compan. y'. it.s Manager
/ ) /' -
Dated U" ",<( ) ~'t'1:, by 1'(/' 'V ~
~ W. Neil Fo , III, ana
By: John DeWald & Associates, L
Dated~~ ~~ by
(Signature of GRANTOR must be n 'zed; 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
~/~/o&>
by
t!)! (1.~
Peter Cota-Robles
City Engineer and Director of Engineering Services
City of Encinitas
PBD\KK \ \g: \Covenant\05-23 7 emergencyaccessESt - 2 -
"
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
,;;r//J';':~Y /1~Z?//(';'
On May 8, 2008 before me, Christina 1. Cahall,tpersonally appeared W Neil Fox, III
who proved to me on the basis of satisfactory evidence to be the person( 5) whose name( 5)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/hef/theH= authorized capacity(ies), and that by his/hef/theH=
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.
My Commission Expires: October 2,2009
CHRISTINA l. CAHAll
Commission # 1609874
Notary Public - California ~
San Diego County
My Comm. Expires Oct 2, 2009
Document:
GRANT OF EASEMENT
(E Street)
..
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO .. .. . /-J,., /'
. t;)f/7l:r/y //6//(
On May 8, 2008 before me, Christina L. Cahall,Lpersonally appeared John DeWald 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/hef/tfieH: authorized capacity(ies), and that by his/hef/tfieH:
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 hapd and official seal.
'''t. .", '.1
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" . CHRISTINA L. CAHAll
.>"';;"" Commission # 1609874
~ : ~G . Notary Public - California ~
z ~ \.. 0 .-
.7~ , San Diego County -
My Comm. Expires Oct 2,2009
, ,-
,,--.. --
My Commission Expires: October 2, 2009
Document:
GRANT OF EASEMENT
(E Street)
.
"EXHIBIT A"
EMERGENCY ACCESS EASEMENT
AN EASEMENT FOR EMERGENCY ACCESS PURPOSES OVER, UNDER ALONG
AND ACROSS THAT PORTION OF PARCEL 9 OF PARCEL MAP 12092, IN THE
CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARCEL MAP THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 6, 1982, AS FILE
PAGE NUMBER 82-134066 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 9;
THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LAND,
S5058' 17"E 40.00 FEET TO A POINT ON THE SOUTHERL Y RIGHT OF WAY OF
"E" STREET (80.00 FEET WIDE) SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY
S5058' 17"E 84.53 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S84001 '30"W 22.02 FEET; THENCE N5058'30'W 84.52 FEET TO A POINT ON THE
SOUTHERL Y LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID RIGHT OF
WAY N83059'42"E 22.03 FEET TO THE POINT OF BEGINNING.
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