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2009-176378 DOC # 2009-0176378 Recording Requested By And 11111111 IN 1111111111111111111111111111111111111111111111111111111111 When Recorded Mail To: ) I ~ j APR 07, 20019 3:37 PM OFFICIAL RECORDS AN DIEGO COUNTY RECURDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 WAYS: OC: NA Clerk City of Encinitas PAGES: 10 505 S. Vulcan Avenue Encinitas, CA 92024 ) SPACE ABOVE FOR _ FOR THE BENEFIT OF THE CITY ~t GRANT OF EMERGENCY ACCESS EASEMENT Assessor's Parcel / Case No. 07-193 DR/TM/CDP/EIA No. 260-351-31 DOCUMENTARY TRANSFER TAX $-Z'.._ 125 Mozart L.P., a California Limited Partnership ("GRANTOR" hereinafter) is the owner of real property which is commonly known as 125 & 133 Mozart Avenue and which is described as follows: LOT 1 OF KREMER PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3412, FILED IN THE OFFICE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 18, 1956, EXCEPTING THEREFROM THAT PORTION AS FURTHER DESCRIBED IN EXHIBIT "A" OF DOCUMENT #2007-0497629 FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE JULY 25, 2007. In consideration of the approval of Case No. 07-193 DR/TM/CDP/EIA by the City of Encinitas ("GRANTEE" hereinafter), GRANTOR does hereby Grant and Convey to GRANTEE, two (2) perpetual exclusive easements and right-of-ways for emergency access purposes only upon, through, over and across those portions 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 easements and right-of-ways by GRANTEE, its successors or assigns, at the expense of the GRANTOR, successors, or assigns expense, and to have and to hold said easements and right-of ways 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 easements and right-of ways by GRANTEE, its successors and assigns, provided that the entire area encumbered by the emergency access easements 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 easements and right-of-ways, any buildings or structures of any nature or kind that will interfere with the use of said easements and right-of-ways unless authorized by said GRANTEE, its successors or PBD\RS\\g:\Covenant\07-193emergencyaccess.doc- 1 - assigns, or that will interfere with the ingress or egress along said easements 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 easements 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: 125 Mozart, LP, a California Limited Partner By: 125 Mozart LLC, a California Limited Liability Company By: Brett Farrow By: Ron Gillies, Trustee of the Gillies-Jensen Family Trust U/T/A 9/21/01 By: Grand CRU INVESTMENTS, LLC, a California Limited Liability Company Dated by e arro a eral a finer (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. a n P Dated by Peter Cota-Robles City Engineer and Director of Engineering Services City of Encinitas PBD\RS\\g:\Covenant\07-193emergencyaccess.doc- 2 - "EXHIBIT A" EMERGENCY VEHICLE ACCESS EASEMENT AN EASEMENT FOR EMERGENCY VEHICLE ACCESS OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF LOT 1 OF KREMER PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 18, 1956 DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 1 OF MAP 3412 WITH THE SOUTHEASTERLY LINE OF THAT EASEMENT FOR PUBLIC ROAD AS GRANTED TO THE COUNTY OF SAN DIEGO PER DOCUMENT RECORDED MARCH 12, 1970 AS INSTRUMENT NO. 44368 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID EASEMENT SOUTH 43°21'59" WEST (RECORD SOUTH 42°51'00" WEST 32.38 FEET TO POINT A; THENCE CONTINUING ALONG SAID LINE SOUTH 43°21'59" WEST 43.34 FEET TO THE BEGINNING OF 211.34 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 22.21 FEET THROUGH A CENTRAL ANGLE OF 600I' 16" TO POINT B, A RADIAL LINE TO SAID POINT B BEARS SOUTH 40°36'46" EAST. EASEMENT A BEGINNING AT THE AFORESAID POINT A; THENCE SOUTH 46°17'48" EAST 87.19 FEET; THENCE SOUTH 43°42' 12" WEST 16.00 FEET; THENCE NORTH 46°17'48" WEST 87.10 FEET TO THE SOUTHEASTERLY LINE OF SAID EASEMENT FOR PUBLIC ROAD; THENCE ALONG SAID EASEMENT LINE NORTH 43°21'59" EAST 16.00 FEET TO THE POINT OF BEGINNING. EASEMENT B BEGINNING AT THE AFORESAID POINT B; THENCE SOUTH 46°17'48" EAST 109.59 FEET; THENCE SOUTH 43°42' 12" WEST 16.00 FEET; THENCE NORTH 46°17'48" WEST 111.80 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID EASEMENT FOR PUBLIC ROAD SAID POINT BEING ON THE ARC OF A 211.34 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 36°13'57" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 16.16 FEET THROUGH A CENTRA GLE OF 4°22'48" TO THE POINT. OF BEGINNING. D S Q\A c. LS 52 1 Exq.06/3010D F ~F CAS-eFo4 31-c: W mm Q co ~~.4.4 ~o ¢n,R,N J~y~~g 1 Q~~' O1 b J J ~ ~ "R "140 co e Ov> tY~ x a w 5~P u) om-czn ~j7 r o Q- ~ N N o W~~t to ti ~ ddW zi17z z 10-1 v v cmi 5T' EET M. BZ, , 98'L6 , 60.5E I Q' cy) ~p0 9ti ~ I ti PQ 20 u o h W p9.031 m Q C\jq ¢ V M db ao. f9 I r~i S N / Q mr, 0 ° V OR m r M-E ni cn "(D m ` W mOZ ~ wt~a\' 3 v\z~~ 3 H (n EL a wx W ° N ¢az IrR •~LZ~Z!\1 in `r ''KcE'n~l co LL Im -O~ ay cq to oI NIA W~ Ito w / rW O F V N Z H m w U3 C; v \ 2 a Wiz y z o. Z \I W ;o z W~aa 100'9 PE'Le OrN PIE' rra=b T9'69=b Q En 6T, Z9. 8T p ~ u - H Q n O (!J Cali) C'n ~n d VZOW m =xa At En j vmm ~ ZQa a CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT State of California County of On z 5~ before me,tldA ~i. Dal - ,p ,p Here Insert Name and Title of the Officer personally appeared /E mil 4607W - P061,256 Name(s) of Signer(s) r who proved to me on the basis of tisfactory evidence to be the person(s) whose name( is re subscribed to the whin instrument and acknowledged to me that he/they executed the s me i hi er/their authorized capacity(ies), and that b his/ r/their signature(s) on the _ instrument the person( , the entity upon behalf of RANDA Mlt, which the person(s) acted, executed the instrument. urm commission $17099" Nocmry ►t*c - 1 certify under PENALTY OF PERJURY under the laws San Dill" Co--Y of the State of California that the foregoing paragraph is W . 'on Exp. Jan. 6.2011 true and correct. WITNESS m hand and official seal. ~G~Q/ Signature Place Notary Seal Above Si ture 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact - • - ❑ Attorney in Fact - • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder Call Toll-Free 1-800-876-6827 SUBORDINATION AGREEMENT Whereas those parties concerned desire to have the Deed of Trust recorded 5u ix dS d oo 7 as Document No. (x) ? - of Official Records subordinated to Grant of Emergency Access Easement ("DOCUMENT" hereinafter); Now, therefore, in consideration of the approval of Case No. 07-193 DR/TM/CDP/EIA, the undersigned BENEFICIAR 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. Tom/Gjli/' BENEFICIARY ft Preferred Bank Los Angeles Headquarters 601 S. Figueroa Street, 29th Floor Los Angeles, CA 90017 Dated by Ted Hsu (Pri e) Title: Senior Vice President (Signatur n Dated - CI by Brian Jurczak (Print Name) Title: Assistant Vice President (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 9 by - 4 Peter Cota-Robles City Engineer and Director of Engineering Services City of Encinitas PBD\RS\\g:\Covenant\07-193emergencyaccess.doc- 3 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT. '~,'<',c~'.c'~34~'. .c'f.c~C.cF3cC`.cC'.c=f`.c'~f State of California County of Dy CSo On/(/ ll~✓ 200 /before me, 7/4-~/CJ f 1111-l V-7)0le,, AM 7reh Date Here Insert Name and Title of the Officer personally appeared fE7E/(f e4~ - r~,c ~S Name(s) of Signer(s) who proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s) is subscribed to the in instrument and acknoXW,s to me that he a/they executed the s e in their authorized RAtrbA ~MLtJOl1R capacity(ies), and that by is/ r/their signature(s) on the e1>'09664 instrument the person(s), or the entity upon behalf of YNOtWy Vubk - VV which the person(s) acted, executed the instrument. San D"o County My m. Exp. Jan. 6, 2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. Signatures da'y' Place Notary Seal Above Sig ure 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact - • ❑ Attorney in Fact - • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 - www.NationalNotaryorg Item #5907 Reorder. Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los e tes On (GUl t Loo before me, - GADV1 Yll'L L1 a t D, (Here insert name and title of t officer) personally appeared Te GQ ~3 y- who proved to me on the basis of satisfactory evidence to be the person( whose name( is/af.- subscribed to the within instrument and acknowledged to me that he/sl ey executed the same in his/hen4hQi; authorized capacity(.iesj, and that by his/h eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(' 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. - - - - - - - - - - - - - - - - - 8001W LIU WITNESS my hand and official seal. ConaM111on #ti9mis G r tlotuy Pvbk - C*WMS Los A#"" Cewity (Notary Seal) 1 Sig turc of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or descript'o of a c ed document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in QSQVI'1P,Ut Su~jO~~~tOUtV~~F(M"~ California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document c n6nAued) document carefully for proper notarial wording and attach this form if required. Number of Pages 3 Document Date • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). j • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this / information may lead to rejection of document recording. G!J Corporate Officer • The notary seal impression must be clear and photographically reproducible. 3& l* once RE~L4e -t Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county El Attorney-in-Fact clerk. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California I County of On(( Z(}0~ before me, F26 01a 1 WiWiL" (Here insert name and title of th fficer personally appeared F7~ ZR((ZAL who proved to me on the basis of satisfactory evidence to be the person(a) whose name(,) is/are subscribed to the within instrument and acknowledged to me that he/shekhey-executed the same in his/hen4heir authorized capacity(tes), and that by his/heF4heir signature(4 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. ~ BONNI~CIU WITNESS my hand and official seal. Ca mnissioe # 1664016 Nobly Public - Csllfo tt Loss Anples Coo" (Notary Seal Comm. i "Mt 4 2010 Si rc of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be afaot r properly completed and attached to that document. The only exception is if a 6 e fr' AA C,e O document is to be recorded outside of California. In such instances, any alternative (Title or descriptio o ittache ocurrent) acknowledgment verbiage as may be printed on such a document so long as the FA SC f verbiage does not require the notary to do something that is illegal for a notary in FASC IM& 1 l~ / S"ot L, K al 104A &^'(1•P MUrt California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document c nued) ` document carefully for proper notarial wording and attach this form if required. Number of Pages --,3 Document Date • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. El Individual (s) he/she/*ey- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. @1 orporate Officer _ . The notary seal impression must be clear and photographically reproducible. t Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California I County of 5Alu D icc, c> i On -3 z4 before me, J G~ E17PI4 c yG,14 4 S r 6 (here insert name and title of the fficer) -T j personally appeared f 3 Q =7T K'0 (_L~ I 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/their 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. JOSEPH C. YUHAS COMM. #1806409 WITNESS my hand and official seal. NOTARY PUBIC • CALIFORNIA SAN DIEGO COUNTY Commission Expires Jul 13, 2012 i xzxu/ Signature of Notary Public (Seal) j ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dkey- is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. ~ Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. [I Partner(s) • Signature of the notary public must match the signature on file with the office of j the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. ❑ Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPA vl2.10.07 800-873-9865 www.NotazyClasses.com