2009-278358E ' fir,
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2009-0278358
MAY 26, 2009 4:16 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER: COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
I INIII NIII NIII IIIII IIIII NIII IIIII VIII IIIII IIIII NIII NIII IIIII VIII NII IIII
Encinitas, CA 92024 )
For the benefit of the City
Space above for recorders use only
Recording Requested by: )
City Engineer )
When Recorded, Mail to: )
City Clerk, City of Encinitas )
505 South Vulcan Avenue )
V EMERGENCY ACCESS EASEMENT
APN: 262-032-0 3q Project 09-016 CDP / 10187-G
GAIL EWING, a single woman hereinafter designated Grantor(s), owner(s) of the
hereinafter described lands, as shown on Exhibit "A" 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.
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-
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, 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.
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 L Z day of CA / 2009.
By:
[Signature of OWNER must be notarized
r
Gail Ewing, Owner
Date
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
thek0fby its duly authorized officer.
,V wPPeter Cota-Robles Date
Director of Engineering Services
EXHIBIT "A"
LEGAL DESCRIPTION
EMERGENCY VEHICLE ACCESS EASEMENT GRANTED TO THE CITY OF ENCINITAS
A portion of the land described in Deed to Gail Ewing recorded September 09, 2004 as
Document No. 2004-0858732, being also a portion of Lot 19, in Block "E" of Palomares
Heights, in the City of Encinitas, County of San Diego, State of California, according to
Map thereof No. 2114, filed in the Office of the County Recorder of San Diego County,
June 19, 1928, more particularly described as follows:
Commencing at the SouthWesterly corner of said Lot 19; thence North 79°42'11" East
along the Southerly line of said Lot a distance of 254.50 feet; thence northerly 122.00
feet to a point in a line which is parallel with and 122.00 feet northerly, measured at right
angles from the Southerly line of said Lot, distant along said parallel line 254.40 feet
Easterly from the Westerly line of said Lot; thence along said parallel line South
79°42'11" West 254.50 feet to said Westerly line of said Lot 19; thence Northerly along
said Westerly line to a point in a line which is parallel with and 150.00 feet Northerly,
measured at right angles from the Southerly line of said Lot 19; thence along said
parallel line North 79°42'11" East 259.20 feet to an angle point in the boundary line of the
land described in Deed to George A. Moore, et ux., recorded August 17, 1959, in Book
7831, Page 431 of Official Records; thence along said boundary line North 69°12'11"
East 96.31 feet; thence North 79°42'11" East 63.52 feet; thence South 24°20'00" East
20.62 feet; thence South 870East 77.94 feet to a point on the Westerly line of the land
described in Quitclaim Deed to William W. Kazmierowicz and Adelina M. Kazmierowicz
recorded October 3, 2008 as Document No. 2008-0522961; thence South 01°25'23"
East along said Westerly line 18.08 feet to the True Point of Beginning; thence
continuing along said Westerly line South 01 °25'23" East 23.90 feet; thence North
10°18'00" West 3.94 feet to the beginning of a tangent 28.00 foot radius curve, concave
SouthWesterly; thence along the arc of said curve 29.01 feet through a central angle of
59°21'54'; thence South 86°04'22" East 17.97 feet to the True Point of Beginning.
J261 Q.
EXHIBIT "B"
PLAT OF EMERGENCY VEHICLE ACCESS EASEMENT
PROJECT No. CDP 09-016
APN 262-032-39
PROPERTY BOUNDARY
SCALE: 1" = 150'
0 50 100 150 200 250 300
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PAGE 1 OF 2
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262-022-43
N 79'58'20"E 63.49' \ N24'1 9'34"W 20.62' PARCEL 2
N69°12'11"E 96.31'- N86°04'22"W 77.94' 2
N 79 4211 E 259.18' N86°04'22"W 67 55' 022-42 262-060-10
7S - LNE_.Cor. Lot_1..9..
1-47934~1" E 7254.50- EE DETAIL
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262-032-47 N $9 5p'Sl w 339 32.t _ Z'^~62-160-08
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I EXISTING PRIVATE ROAD AND UTILITIES EASEMENT PER GRANT DEED c
RECORDED MAY 15, 2008 AS DOC No. 2008-0263368 BRIAN
DONALD
No. 26175
CIVIL
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EXHIBIT "B"
PLAT OF EMERGENCY VEHICLE ACCESS EASEMENT
PROJECT No. CDP 09-016
APN 262-032-39
DETAIL - EMERGENCY VEHICLE ACCESS EASEMENT
SCALE: 1" = 30'
0 25 50 75 100
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PAGE 2 OF 2
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252-032-40
BRIAN '
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No. 26175
CIVIL
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EMERGENCY VEHICLE ACCESS EASEMENT GRANTED HEREI - sq
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S,v,~ b/r-G o SS.
r
On A10 2~;z 'L-M, , before me, _ (~C
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DATE
personally appeared C Cj L who proved to me on the
basis of satisfactory evidence to be the person(X) whose name( is Xe subscribed to the within instrument
and acknowledged to me that sh~e fey executed the
same in er tr authorized capacrty(*S), and that
by he /t 'ir signature on the instrument the
personN , or the entity upon behalf of which the
person acted, executed the instrument.
CASIMIR R.KAZYNEROWICZ
• NOTARY RMLIC-C"ORNA
SAN CHO 0=1TY
MY COMM. UP, 81FT. 2E, 2011
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.
~FARVS PLACE NOT
ARY SEAL INABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL
CORPORATE OFFICER
❑ PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
RIGHT
THUMBPRINT
OF
SIGNER
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DESCRIPTION OFATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
~'U Lt !'w
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
NU 1AKY BUNDS,SUPPL.IES AND FORMS AT H-FTP://WWW.VALLEY-SIE,RRA.COM ,ci2005-2008VALLEY-SIERRAINSURANC'P:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California j~
County of 5ayy
On before me,
~ Dam ,
personally appeared
Name(s) of signer(s)
who proved to me on the basis of tisfactory evidence to
be the person(s) whose name( is/ re subscribed to the
in instrument and acknowledged to me that
he he/they executed the e i hi er/their authorized
_ apacity(ies), and that b his r/their signature(s) on the
RAMA G. 1ML instrument the person(s), or the entity upon behalf of
L~OUR
commbo"
`4t709W which the person(s) acted, executed the instrument. Ra"M Iyr EW JOL 6.20tt certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS nd and official seal.
Place Notary Seal Above Signature ~t Clew -
Signatur Notary Public
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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:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General OWNS
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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