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2009-679928DO # 2000-0079928 1111111 IIII 111111111111111111111111111111111111111111111111111111 IN DEC 08, 2009 3:59 PM Recording Requested b OFFICIAL RECORDS y ) SAN DIEGO COUNTY RECORDER'S OFFICE ~Q City Engineer ) DAVID L. BUTLER. COUNTY RECORDER 7 ) FEES: 0.00 WAYS: 2 0 C:: NA When Recorded, Mail to: ) PAGES: 8 City Clerk, City of Encinitas ) ) 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII BIII IIIII IIIII IIIII IIII IIII 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City Space above for recorders use only EMERGENCY ACCESS EASEMENT a APNs: 262-080-05 -Project 04-147 TPM/CDP/BA 262-080-06/ 10013-G/I/PM DOCUMENTARY TRANSFER TAX $ FIRST REGIONAL BANK AS CUSTODIAN FOR BENEFIT OF ANTHONY C ALBIN IRA (current vested owner of 262-080-05), along with CARL G. STAHMER AND AUBYN C. STAMER, HUSBAND AND WIFE (current owners of 262-080-06) hereinafter designated Grantor(s), are the owner(s) of the hereinafter described lands, as described in Exhibit "A" and as shown on Exhibit "B" attached hereto and made a part hereof, for a valuable consideration, do(es) hereby GRANT and Convey to the City of Encinitas herein designated Grantee, a perpetual exclusive easement and right-of-way for emergency access purposes only upon, through, over and across the hereinafter described real property 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. 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 for purposes of public safety. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described as follows: See Exhibits "A" and "B" attached hereto and made a part by hereof by this reference. The Grantors 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- 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, Grantors, 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 with the exception of catastrophic damages caused by Grantee, successors, or assigns provided that the easement and improvements are maintained to public standard. The Grantor further agrees to indemnify and hold the City of Encinitas, it's agents, and employees, harmless from damages and negligence of the Grantor. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, 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. Executed this -I-- day of 2009 by: GRANTOR(S): FIRST REGIONAL BANK OUST. BY Su er Pretzer VP Signature for First Regional Bank FBO Anthony Albin IRA 000312, Owner /to ~CL-Q j Date l6 -ot Date /D, Date [Signature of GRANTOR(SuOWNER must be notarized. Attach the appropriate acknowledgement.] Attach the appropriate acknowledgement.] CITY OF ENCINITAS: 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. c. 6QQ1 C' Peter Cota-Robles Director of Engineering Services City of Encinitas Date F~1,I,-PE1E~P~SI: AXI-INOW€ EV)C:r1iu-,N11 State of CaIIfomia Count)'of San Diego On ockober aC09.be,fore me, Asli Nickle, Notary PLIWic personmy appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),k<are subscribed to the within instrument and acknowledged to rile that he~they executed the same in hts>4?,er/their authorized capacity(ies), arid that by44is;. er/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-. L91MY ASH NICKLE COMM. # 1825273 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY Comm. Exp. DEC 26, 6, 2012 Effective January 1, 2006, the California certificate of acknowledgment must be in the form set forth in Civil Code section 1189, rather than 'substantially' in the form set forth therein. The form se(forth in Civil Code section 1189 did not change, but variations in the California formi are no longer permitted- (The law regarding acknowledgments to be used with documents to be filed in other states has not changed (Civil Code § 11"c))- WITNESS my ha, d and official seal. NOL4R'r'S SfGN.4TURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLADIED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-T=ACT TP,USTEE(S) GUARDIAN/CONSERVATOR. OTHER SIGNER IS VLI'V ;SENTING: f~AMF OF PERSON(,) OP_ENTIT 11 IF;I o TITLE P. T1' E OF DOCUME NUMBER OF PAGES DATE OF DOCUNIENI OTHER - - FIGHT THUhlPIT,INT E)r _3~.J _ ~-rte _ ~ ~!-Y ~!>!_~Y ,~~y _ v - - i_' . _T - / _ I~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SIC, OG 10--19 actin before me, Date e Insert ~Name a d Title of the Officer personally appeared rn Na F~ o ~7 PATRICIA B. MEt J Commi:lion # tA07Tfd I Vo~ 2 Son oipo Cower A Jrl SI 1 who proved to me on the basis of satisfactory evidence to be the person whose name/)(2/are subscribed to the within instrument and acknowledged to me that he/@~Vthey executed the same in his/ ie heir authorized capacity(), and that by hisf(Jheir signature(Von the instrument the person, 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. WITNESS han official seal. Signatur Place Notary Seal Above Signat 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s): ❑ Partner - ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here Signer's Nal ❑ Individual Number of Pages: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Tall-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S~ `D1,c m On -1 before me' MOO 1007W V )dG/C Date Here Insert Name and Title of the Officer personally appeared I 0 % e Name(s) of Signer(s) RANDA G. MIWOUR tommissiou 01709664 < Notary Publk - caWarnia~ an ON9o cm ty Exp. Jan. 6, 20111 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the fn instrument and acknow ged to me that e he/they executed the nhiN e i his/ er/their authorized capacity(ies), and that b er it 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 Imhand and official seal. I/lit r Signature Sign re 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General • ❑ Attorney in Fact • Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 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 I EXHIBIT "A" AN EMERGENCY ACCESS EASEMENT OVER, UNDER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE, 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THERE OF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO KENT J. HORNER AND KIM L. HORNER RECORDED AUGUST 25, 1993 AS DOC. NO. 0556369 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND SOUTH 00° 39' 10" WEST, 167.92 FEET (RECORD SOUTH 00° 03' 05" EAST 168.20 FEET) TO THE SOUTHEASTERLY CORNER OF SAID HORNER LAND; THENCE CONTINUING SOUTH 00°39' 10" WEST 33.54 FEET TO THE BEGINNING OF A NON-TANGENT 40 FOOT RADIUS CURVE CONCAVE WEST WITH A RADIAL BEARING OF SOUTH 14°32'20" EAST ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE EASTERLY SOUTHERLY AND WESTERLY THROUGH A CENTRAL ANGLE OF 186°03'51" AN ARC LENGTH OF 129.90 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE WITH A RADIUS OF 20 FEET CONCAVE SOUTHEASTERLY; THENCE ALONG SAID CURVE WESTERLY AND SOUTHERLY THROUGH A CENTRAL ANGLE OF 80052'21 AN ARC LENGTH OF 28.23 FEET TO A POINT TANGENT TO SAID CURVE ALONG THE EXTENSION OF SAID EASTERLY LINE WITH A BEARING OF SOUTH 00°39' 10" WEST; THENCE ALONG SAID EASTERLY LINE EXTENSION NORTH 00°39' 10" EAST 97.84 FEET TO THE TRUE POINT OF BEGINNING. r • f ~ O I 0 0% 00 W O z , ry N O co Z N Z m Q w~ _o o~ `O o~ cn~ ao rn W s O_ 0 0 z rr) O V) I Y O CO Q J OI Q N Y O U) N ~ Z Q EXHIBIT $$B" Ln O I O 00 Z O m I J N Q Cfl N 2 Z a_ Q P.O.B. ;7 -~40' `p0 'O R=20' L=28.23' D=80'52'21 " C0 O I ~ O W 00 ~ O =I Q N O ~ (n N Z m Q N 30 15 0 30 60 90 SCALE IN FEET SCALE: 1" = 30' I No. 5871 I Exp. 12-31-2010/ Avy '41 10 REPRESENTS NORTHEAST CORNER OF HORNER PROPERTY. 02 REPRESENTS SOUTHEAST CORNER OF HORNER PROPERTY. REPRESENTS AREA DESCRIBED IN EXHIBIT "A". ENGINEERING Single S 0 u I c 0 D 0 v 010pm0PI C0Asul1811 1635 S. RANCHO SANTA FE #204 SAN MARCOS, CA. 92078 (760) 510-3152 Ph / (760) 510-3153 Fax