2009-689114 DOCII# 2009-0689114
RECORDING REQUESTED BY: IIIINIIIIIIIIIIIIl IIIII0IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Kent Horner DEC 14, 2009 10:27 AM
1244 Berryman Canyon OFFICIAL RECORDS
5ncinitas, CA 92024 SAN DIEGO COUNTY RECORDERS OFFICE 5964
DAVID L. BUTLER,COUNTY RECORDER
FEES: 69.00 WAYS: a
WHEN RECORDED, PLEASE MAIL OC NA
THIS INSTRUMENT TO: 7
Rancho Coastal Engineering, Inc . I Mill Hill Hill Hill loll Hill Hill Hill Hill pill Hill Hill Hill Hill oil ldl
1635 S. Rancho Santa Fe Rd. , #204 \
San Marcos, CA 92078
\G
A.P.N. 262-080-04, 05, 06 FOR RECORDER' S USE ONLY
PRIVATE ROAD & UTILITY EASEMENT
Assessor ' s Parcel 00CUMEMARYTRANSFERIM-
No. 262-080-04 , 05, 06
FOR A VALUABLE CO-SIDERATION, receipt of which is hereby
acknowledged,
CARL G. STAHMER and AUBYN C. STAHMER, husband and wife (current
owners of A. P.N. 262-080-06) , hereinafter referred to as STAHMER,
along with FIRST REGIONAL BANK AS CUSTODIAN FOR BENEFIT OF
ANTHONY C. ALBIN IRA (current owner of A. P.N. 262-080-05)
hereinafter referred to ALBIN, and KENT J. HORNER and KIM LOUISE
HORNER, husband and wife (current owners of A. P:N. 262-080-04) ,
hereinafter referred to as HORNER, do hereby desire to establish
an easement for private road and utility purposes for the joint
benefit of all parties to this agreement . In consideration of
such, STAHMER and ALBIN do hereby mutually grant, convey and
dedicate both to each other and to HORNER a perpetual easement
for private road and utility purposes, along with the rich: to
install , construct , maintain, repair, remove and replace
pavement , utilities and appurtenances thereto, through, upon,
over and across that certain real property in the County of San.
Diego, State of California, described as follows :
See Legal Description. (Exhibit "A" ) and Plat (Exhibit "B - 1 )
attached hereto and incorporated herein by reference .
Grantor (s) shall allow Grantee (s) the reasonable right to extend
cut and/or fill slopes outside the limits, as described and shown
in the attached Exhibits, in order to construct a road to the
satisfaction of any/all local jurisdictions . 5965
Grantee (s) shall indemnify and hold Grantor(s) harmless from
any/all claims for damage or liability arising out of the right
to enter upon the property for the expressed purpose of this
easement as stated above .
Grantee (s) shall perform any/all construction and/or maintenance
in a professional and workmanlike manner in accordance with
accepted and normal construction practices and all applicable
building codes.
Upon completion of any/all construction and/or maintenance,
Grantee (s) shall restore the surface of Grantor ' s real prccerty
to a condition that is equal to or better than the condition
prior to the commencement of work.
Grantor (s) , their successors and assigns shall not erect or
construct, or permit to be erected or constructed, any buildinc
or structure on, over or across the herein described easement .
The Eas e cribed herein shall run with the land and shall
be bi n ipo any/all heirs, successors or assigns .
/o -az-off
C AHMER Date
C. VAHMff— Date
FIRST REGIONAL BANK CUST.
B /1
Y pp��.Rp�ca �U—/7 —�
FIR _ IONA FBO Date
ANTH ALBT ' IRA 000312
T J. HO ate
KI LOUISE Hb-R--NEA Date
(Signature of GRANTORS) /OWNER must be notarized. Attach t'ne
appropriate acknowledgement . )
5966
FLi,-CJRPOSEI:CIT:O�Yi..EC)Gf��F:fd�. ���wJV�
/����_Y.�✓fJ�JJJ�.�'J�ifJ✓JyY���:XY��'�v"_..✓_i�'/J v r _- r -
Y Slalcof(_alifomia i J
Count)of San Diego J �'
On QC'f obeY---zZ �Q: ,before me. Ash Nickle, Notary Public I
/I:.nran
personally apt-eared Aik✓o
) _ _J s.
who proved to the on (lie basis of satisfactory evidence to be the person(s) whose name(s�re
subscribed to the within instrument and acknowledged to file that hdsh4ihey executed the same in
hieAw/Their authorized capacity(ics), and that bylus /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,executed the instrument.
1 certify under PENALTY OF,PERIURY under the laws of the State of California that the foregoing
paragraph is true and correct.
_ ASH NICKLE
COMMJ 1825273 '
N WWIFuatrc,catcdavu N
Sm Dind COenr
w Caw.Erg.DEC, 25.2012
Elfadive January 1.200,-ow California cMificate of WITNESS m hand and official seal.
adlnwt_=rynml must bT in th form set forth in Civil Code y
secUan 1 rag,rm se Cran'sutrivil Colr'in Ua loon setd forh
m
therein.Tnc form set lorlh'n Ctw}Cod^section 1181 dd not
Burge,but v363t40rs in Ur.California loan are m lxtger
permitted.(The Uw regardir)admwted9menls to be used
with doaments to be filed in oUr r states has not dianOw wrnx rs src::.n;ve
(0'41 Coie§11 89(c))
1
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 CUMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
E] INDIVIDUAL
0 CORPORATE OFFICER r' -4
r
TIT}_ ORT1'PE OF DOCUMENT
un M
PARTNERS) _
0 AT'TORNE}-.IN-PACT NUMBER OF PACES
TRUSTEE(S) )
D GUARDIAN/CU,;SER-ATUR
DATE OF DOCUMENT
Ej OTHER: )
1 Il
1 )
OTHER p
SIGNEII IS I<GPRE.SENI INC: RI:H-1 THWMWI;TNT
) 1:,.:.lf.(F YEr.SO:'b V".0+•In Y16.
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1 f.
5967
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of O%dil �Dta�
OnN_,&hsf L9.3_9A before me, OG�ril'1l y RYA r.>n+� N[� 4`/ �tS 11/1
Date Nara Iraen Noma •ea a the r
personally appeared SLm rrrn.(
Neme(af a sg al
who proved to me on the basis of satisfactory evidence to
be the personydf whose name(o(eare subscribed to the
within instrument and acknowledged to me that
he/&hey executed the same in his Oheir authorized
capaclty(io and that by his.gtheir slgnature(?f on the
instrument the persono, or the entity upon behalf of
tlA e' iMO which the person acted, executed the instrument.
?i co.f�w.ef.tlana :
t{nOYpgotllffr 34. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS hand d official seal.
Signature
Place Notary Seal Aewe Signet •e of Notary PWic
OPTIONAL
Though the information below is not required by law. it may prows valuable to persons retying 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(les) Claimed by Signer(s)
Signers Name: Signer's Name:
❑ Individual ❑ Individual
C Corporate Officer—Title(s): ❑Corporate Officer—Tille(s):
❑ Partner—- Limited ❑ General _ C Partner—= Limited ❑General
❑ Attorney in Fact C Attorney in Fact
❑ Trustee Ton cf Ihumb here J Trustee Top of numb ne,e
❑ Guardian or Conservator C Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0200TNaeonel Notary Assoeabm•9350 On Soto"_PO.BOX 2=,C9atwwlh.CA 917112e026r ..NaliatelNoctryn eems5907 Reoder:Cal To&Fm 1410MCF&MV
5968
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of to
On Ak-\�p •0131 before me,
pap Nero mart aral Trost me Oacw
personally appeared `a
aVat anal
who proved to me on the basis of satisfactory evidence to
be the person(®whose named ware subscribed to the
within instrument and acknowledged to me that
ho4ske/lhey executed the same In hieNer/their authorized
DEANA GAY capacity(i, and that hisArer/their signature& on the
Commission a 1882433 = instrument the person, or the entity upon behalf of
Notary Public-County San Diego County which the person acted, executed the instrument.
Comm.Mires Aug 23.2013
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m nd a d official seal.
Signature
Placro NWry 9W ApWO aqm
OPTIONAL
Though the Information below is not required by law,It may prove valuable to persons relying on me document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached DDocumen\tQ
Title or Type of Document.
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capaclty(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual D Individual
❑ Corporate Officer—Tille(s): ❑Corporate Offiicer—Tille(s):
C Partner—❑Limited C General _ C Partner—❑Limited ❑General _
❑ Attorney in Fact 7 Attorney in Fact
❑ Trustee Too of thumb here ❑Trustee Too cl em—b trere
C Guardian or Conservator C Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Nafi WNWry Awode -SM Do SM AV .PQBm2402-CASW"M.CA 913112402•weaNnorallo yorg Ilem05907 R0~.Gl1o1~.eeDa766927
EXHIBIT "A" 5969
AN ACCESS EASEMENT FOR A PRIVATE DRIVEWAY OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDNO BASE AND MERIDIAN, N 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 000 39' 10" WEST, 167.92
FEET(RECORD SOUTH 000 03' 05" EAST 168.20 FEET)TO THE
SOUTHEASTERLY CORNER OF SAID HORNER LAND;THENCE CONTINUING
SOUTH 00039'10"WEST 33.54 FEET TO THE BEGINNING OF A NON-TANGENT
40 FOOT RADIUS CURVE CONCAVE WEST WITH A RADIAL BEARING OF
SOUTH 14 032'20" 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 80°52'21"
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 00 039'10" WEST;THENCE ALONG SAID EASTERLY LINE EXTENSION
NORTH 00039'10" EAST 97.84 FEET TO THE TRUE POINT OF BEGINNING.
N0. 5871
Ems. 12-31-2010 4
Ad
EXHIBIT "B"
5970
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n �4` 1D REPRESENTS NORTHEAST CORNER OF
°o wcr HORNER PROPERTY.
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• 02 REPRESENTS SOUTHEAST CORNER OF
HORNER PROPERTY.
O ® REPRESENTS AREA DESCRIBED IN
1n I R=20 EXHIBIT "A".
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° Z RANCHO COASTAL ENGINEERING
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a N N Singli Source Development Coosulleol
Z 1635 S. RANCHO SANTA FE #204
0_ SAN MARCOS, CA. 92078
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(760) 510-3152 Ph / (760) 510-3153 Fox