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2010-90005Recording Requested By and When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 A 1 FOR THE BENEFIT OF THE CITY oocu zoio-oosoooe IIIIIIIIIIIIYIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FEB 23, 2010 3:58 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 I~~III ~~III III ~~~I~ ~IIII ~~III ~~II~ ~~~II ~~I~I ~~III ~~III ~~III ~~III ~~III ~~II I~~I GRANT OF EMERGENCY ACCESS EASEMENT t Assessor's Parcel Case No. 09-107 MIN No. 264-241-25 ✓ Grading Permit: No. 10061-G John E. Dempsey and Michele L. Dempsey ("GRANTOR" hereinafter) are the owners of real property which is commonly known as 3403 Via Monte Verde which is described as follows: See Attachment "A", which is attached hereto and made a part hereto In consideration of the approval of Case No. 07-108 MIN and Grading Permit No. 10061-G 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\09-107MINlot l l.emergencyaccess -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 E. Dated 2 . J . 1O bye L. Dempsey (Signature of GRANTOR must be notarized; attach the appropriate 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 by 101-- Peter Cota-Robles City Engineer and Director of Engineering Services City of Encinitas PBD\TGM\\g:\COVENANT\09-107MIN1ot l l .emergencyaccess -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r✓~~gcD On (0 .7-010 before me, t N()'r yA j PV, 6 11 C~ Date Here Insert Name and Title he Officer personally appeared JOB n E DGr+~PSeln ar~C ry)i o 1 Le_ L. me(s) of Signer(s) N. GELARDO CommWlon #F 1787074 Notary Public - ColitOmla Son Diego County ~IComn 8 11~Jcn 23, 2012 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 hefsh hey executed the same in Wsfl9eetheir authorized capacity(ies), and that by Wefl°rerttheir 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 hand and official seal. Place Notary Seal Above Signature t~ k-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. Description of Attached Document Title or Type of Document: L[/v,--,t o-t- C.YVtfi✓ r t L Document Date: R, V~e I Number of Pages: 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 ❑ 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.NationalNotary.org Item #5907 Reorder: Call loll-Free 1-800-876-6827 EXHIBIT "A" LOT 11 FIRE TURNAROUND ALL THAT PORTION OF LOT 11 OF CITY OF ENCINITAS TRACT 97-219 (PHASE 2), IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN BY MAP THEREOF NO. 13947, FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON MARCH 24, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 11; THENCE ALONG THE WESTERLY LINE OF SAID LOT 11 SOUTH 15°25'47" WEST, 100.73 FEET; THENCE SOUTH 74034' 13" EAST, 1.73 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 60°54'03" EAST, 104.16 FEET; THENCE SOUTH 29°05'57" EAST, 16.00 FEET; THENCE SOUTH 60°54'03" WEST, 12.08 FEET TO THE BEGINNING OF A TANGENT 28.00 RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 43.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 29°05'57" EAST, 9.00 FEET; THENCE SOUTH 60°54'03" WEST, 19.00 FEET; THENCE NORTH 29°05'57" WEST, 9.00 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 43.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 60°54'03" WEST, 17.08 FEET; THENCE NORTH 29°05'57" WEST, 16.00 FEET TO THE TRUE POINT OF BEGINNING. (APPROXIMATELY 2,706 SQUARE FEET) THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION ~y)/' - ~20~0 U Zs /c~ DENNIS W. GOOD, LS 8084 EXHIBIT "B" POC SDG&E EASEMENT A ESM~ U % EXISTING EASEMENTS, LABELED BY TYPE II I,I 0 200 400 SCALE 1' = 200' PAGE 1 OF 2 f o v 7- lpO 7O 9` O ~~Ft > ~ N ROI'JpNC~SCQ ttppp^ ~ ~ I a0 / / TPOB 2 W LOT 11 LRq ,4 DEMPSEY I W c' I RIPARIAN ORptNk W I OPEN SPACE 1 1 ~ I flml 1 1 W zl 311 Z J ~r11 Nl 1 NDg Q.-"?R EXHIBIT "B" PAGE: 2OF2 / POC I / LOT 10 / / LOT 11 V $ sue, TPOB ,Ok' % rDgO*00'00* ooo, 1.73' S74'34'13"E NOT TO SCALE S6oy~ 0~ ti LS E lam. - ~ *s~r S~ w U~ 0 30 60 SCALE: 1" = 30' R=28.00 D=90'00'00" L=43.98' S60