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2012-371412Recording Requested by: City Engineer When Recorded, Mail to: City Clerk, City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 D O C # 2012-0371412 11111111111 IIIII IIIII IIIII IIIII 11111111 IIIII 11111 IIIII IIIII IIIII 1111 III JUN 26, 2012 4:09 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC. NA PAGES: 8 For the benefit of the City Space above for recorders use only EMERGENCY ACCESS EASEMENT Assessor's Parcel No.'s: 259-130-28 Project No.: 05-050 TPM/CDP Plan No : 10182-G/PM Kathryn A. Harris, an unmarried woman and James P.E. Waggaman an unmarried man, as tenants in common, hereinafter designated Grantor(s), are the 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 Exhibit "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 15 CL. day of .It444rs46a4- 2011 by- Kathryn A Ha `1 Ja es s, Grantor/Owner L agga , Grantor/Owner £s 3 20!/ Date Date N 3 k `1 [Signature of Grantee/Owner 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 municipal 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 th of y its duly authorized officer ~4 V12, 7 ~ ~~t ,,O ,V Lawrence kladt Date Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O. J? -~O// before me,;?,9 ,04 6,414.~U/< Date Here Insert Name and Title of the Officer Q personally appeared7WeV Al yys¢eej 5 G-AGL .7i~3l1.c~5 (r. n n~ n Name(s) of Signer(s) who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) tar subscribed to the within instrument and acknowledged to me he/s he executed the same in his/he th uthorize capacity(ies), and that by his/h /thei signature(s) on the instrument the a r RANDA GAIL MILLJOUR persons , or the entity upon behalf of which the Commission #1916144 < • Notary Public - California person(s) acted, executed the instrument. > San Diego County My Commission Exp. Jan. 6, 2015 1 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 Signature Place Notary Seal Above 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 Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer- Title(s) ❑ Corporate Officer - Title(s) ❑ Individual ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator ❑ Other- ❑ Other- Signer Is Representing: Signer Is Representing © 2009 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of,54-K- & On 1 before me,;?AAWA &414- A41j L;9Vt1R,,V07NC4 pL1415 / Date Here Insert Name and Title of the Officer personally appeared 4A h/ LEW G4 4. W A.T T Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~si 'are subscribed to Th within instrument and acknowledged to me that(he/they executed the same in RANDA GAtL MILLJOUR is er/their authorized capacity(ies), and that by ' Commission #1916144 < her/their signature(s) on the instrument the It ° Notary Public - California(N person(s), or the entity upon behalf of which the > - San Diego County A My Commission Exp. Jan. 6, 2015 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 Signature dai • Place Notary Seal Above azure of Notary POPTIONAL 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 ❑ Corporate Officer - Title(s) ❑ Individual ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: LcIlk! AM Top of thumb here Signer's Name Number of Pages. Corporate Officer- Title(s) ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) EXHIBIT "A" LEGAL DESCRIPTION - PROPERTY Page 1 of 1 That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey thereof in 1881, described as follows: Commencing at the Northwest corner said Section 14, as said corner is defined by the location of a 1 1/2" iron pipe stamped "G.O.B. NW COR SEC 14 OCT 1928" shown on Record of Survey Map No 11782 filed in the Office of the Recorder of San Diego County on September 8, 1988 (RoS 11782) as being accepted for the Northwest corner of said Section 14; thence South 0042'43" West (South 0045'40" West per RoS 11782) along the Westerly line of said Section 14 and the Easterly boundary line of the land shown on Record of Survey Map No. 11782, 190 82 feet to the True Point of Beginning; thence continuing along said Westerly line of Section 14, the Easterly boundary of RoS 11782, and the Easterly boundary line of the land shown on Record of Survey Map No. 17711 filed in the Office of the County Recorder of San Diego County on February 14, 2003 (RoS 17711) South 0042'43" West (South 0045'43" West per RoS 17711) 185.53 feet; thence North 89°09'21" East along the "agreed location of the common boundary between DD1 and DD2" as shown on Record of Survey Map No. 17019 filed in the Office of the County Recorder of San Diego County on June 8, 2001 (RoS 17019), 675 12 feet; thence North 01 °05'03" East along the "agreed location of the common boundary between DD1 and DDY as shown on RoS 17019, 170.60 feet; thence North 89°34'34" West along the "agreed location of the common boundary between DD1 and DD4" as shown on RoS 17019, 675 99 feet to the True Point of Beginning ExhibitA.Lgl-Property Page I of I EXHIBIT" B" LEGAL DESCRIPTION - EMERGENCY ACCESS EASEMENT That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey thereof in 1881, described as follows Commencing at the Northwest corner said Section 14, as said corner is defined by the location of a 1 1/2" iron pipe stamped "G O B NW COR SEC 14 OCT 1928" shown on Record of Survey Map No. 11782 filed in the Office of the Recorder of San Diego County on September 8, 1988 (RoS 11782) as being accepted for the Northwest corner of said Section 14; thence South 1'26'56" West (South 0045'40" West per RoS 11782) along the Westerly line of said Section 14 and the Easterly boundary line of the land shown on RoS 11782, a portion of the Easterly boundary line of the land shown on Record of Survey Map No 17711 filed in the Office of the County Recorder of San Diego County on February 14, 2003 (RoS 17711), and the Westerly boundary of the land shown on Record of Survey Map No 17019 filed in the Office of the County Recorder of San Diego County on June 8, 2001 (RoS 17019) 376 53 feet to the True Point of Beginning; thence North 89°52'52" East along the "agreed location of the common boundary between DD1 and DD2" as shown on RoS 17019 (N89°09'21"E per RoS 17019) 30 01 feet; thence leaving said boundary North 01 °26'56" East 69 91 feet to the beginning of a tangent 62 00 foot radius curve, concave Southeasterly; thence 20.78 feet along the arc of said curve through a central angle of 19°01"21", thence tangent to said curve North 20°38'57" East 19 81 feet to the beginning of a tangent 62 00 foot radius curve, concave Southeasterly; thence 61 05 along the arc of said curve feet through a central angle of 56°25'01 thence tangent to said curve North 77°03'58" East 100.20 feet; thence South 88°51'17" East 192 11 feet to the beginning of a tangent 28 00 foot radius curve, concave Southwesterly; thence 43.98 feet along the arc of said curve through a central angle of 90°00'00", thence tangent to said curve South 01 °08'43" West 12 00 feet; thence South 88°51'17" West 16 00 feet; thence North 01°08'43" West 12 00 feet to the beginning of a tangent 28 00 foot radius curve, concave Southeasterly; thence 43 98 feet along the arc of said curve through a central angle of 90°00'00", thence North 01 °08'43" West 12 00 feet to a point on the "agreed location of the common boundary between DD1 and DD4" as shown on RoS 17019; thence North 88°51'17" West (North 89°34'34" West per RoS 17019) 339 32 feet; thence leaving said boundary South 77°03'58" West 29 15 feet to the beginning of a tangent 92 00 foot radius curve, concave Southeasterly; thence 90.59 feet along the arc of said curve through a central angle of 56°25'01 thence tangent to said curve South 20°38'57" West 19 81 feet to a point on the Westerly line of the land shown on RoS 17019; thence South 01 °26'56" West (South 00°42'43" West per RoS 17019) 70 73 feet to the True Point of Beginning BRIAN DO~'4LD No * c PPoft ~sional '3 3t - ?Z ~~FCF.L~Fi ExhibitB.LgI-FireAccessEsmt EXHIBIT "B" PLAT OF EMERGENCY ACCESS EASEMENT PROJECT No. 05-050 TPM/CDP APN 259-130-28 PAGE 1 OF 2 PROPERTY BOUNDARY SCALE. 1" = 100' 0 5,0 100 150 200 I s10 S11 S15 S14 I z ~ I i 1N M Z - - - - - - - - - - - - - - - - - - - - - - N 88°51'17" W 675.87' n~Te'~~~~ 303 91' 17''~/%'-1L/1L U11 ''✓1LU1L/11lJ11 L/ (~J11G/1 :1~~ G/ ~fT^771 . L/J SEE DETAIL, PAGE 2 / rig 17019 ~W PARCEL 1 PARCEL 2 T- 376.94' 29810' _ TPoB Easement N89°52'52"E 675.04' ~ I 1 I ~ I I CIV/~ ES EASEMENT PER BRIAN DO EXISTING PRIVATE ROAD AND UTILITI NALD p DOC No. 2005-0196785 Rec 03/0912005 No 26175 * CIVIL EXISTING PRIVATE ROAD AND UTILITIES EASEMENT PER Professional DOC No 2004-0575708 Rec 06/21/2004 -3i - I 9T F~FCAL EMERGENCY ACCESS EASEMENT GRANTED HEREIN - 12,303 sq ftr+ EXHIBIT "B" PLAT OF EMERGENCY ACCESS EASEMENT PROJECT No. 05-050 TPM/CDP APN 259-130-28 PAGE 2 OF 2 DETAIL - EMERGENCY ACCESS EASEMENT SCALE V=60' pommm" 0 25 50 75 100 I I I I I N88°51'17"W 443.96' ~~=-•-t~_ -rt--- _ - T mot -~T~-- _ x , \ \ -t--- T - - - - - - - - t----- r - \ ~ \ \ \~~26l~\2' - - .7\2 09''. ~T'77 , r~ '7-'-T-, ~ i rry 1-~ / L11J G11J LG1J GG11-/ G11-/ L11 . , , LG1~•~L11 1 N88°51'17"W 192.11' - 8 E 100• 0 ' ' ' ' ' ' % / / / a / i / Nil°035 / EASEMENT BOUNDARY DATA EASEMENT CURVE DATA O5 5 No. Bearing Length No. Delta Radius Arc Length N20°38'57"E 19.81' 1 19°01'20" 92.00' 30.83' / ~ / / ❑2 2 ) N01°08'43"W 12.00' 2 19°01'20" 62.00' 20.78' LJJ N88°51'17"W 16.00' 3 56°25'01" 92.00' 90.59' N01°08'43"W 12.00' 4 56°25'01" 62.00' 61.05' 90°00'00" 28.00' 43.98' PARCEL 1 PARCEL 2 o 1Aw N N N N89°09'21"E 30.01' TPaB EASEMENT ~C C' DONALD No 4617$ * CIVIL EMERGENCY ACCESS EASEMENT GRANTED HEREIN - 12,303 sq ft ~~~+B Ib11~I ~ PF D r P Ar