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2014-22259Recording Requested By And When Recorded Mail To: C�"rt 3��K5 7o2GS2.5t�1 hltGlfwA'Y 101 97C A IS05�0gcH , CA '720 7S �lv City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY Assessor's Parcel No. 254- 324 -55 a a c # 2014mOO22259 II III III I I IIII III I II IIII II II I I I I I IIII II I IIII IIII JAN 16, 2014 4:29 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dwnenburg,Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 GRANT OF EMERGENCY ACCESS EASEMENT DOCUMENTARY TRANSFER TAX $ 0 Christina McDowell, formally known as Christi Brewster, a Married Woman ( "GRANTOR" hereinafter) is the owner of real property described as follows: LOT 22 IN BLOCK 1 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 22 LYING NORTHERLY AND EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF SAID LOT WITH THE SOUTHERLY LINE OF THE NORTHERLY 70 FEET THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 162 FEET; THENCE WESTERLY TO A POINT WHICH BEARS SOUTH 15 043 "30" EAST 62 FEET FROM A POINT ON THE NORTHERLY LINE OF SAID LOT DISTANT THEREON SOUTH 74 016'30" WEST 172 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE NORTH 15 °43'30" WEST 62 FEET TO SAID POINT. GRANTOR does hereby Grant and Convey to The City of Encinitas ( "GRANTEE" hereinafter), 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 undo 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 that 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. 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 ol'the surface of said real property herein described, subject to the conditions above stated. GRANTOR: Christina McDowell, formally known as Christi Brewster, a Married Woman Dated by (Signature of GRANTOR must be notarized; att 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 thereof by its duly authorized officer. Dated 0-51ZI by ate...,, Pruim Crle�rn Director of Public Works and Engineering Services City of Encinitas CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California )ss. County of PLACER On December 12 2013 before me, L. KOCH, Notary Public, personally appeared CHRISTINA MCDOWELL, 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 he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /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. WITNESS my hand and official seal. Signature /�k/�. (Seal) 2oosacn.mc EXHIBIT "A" THAT PORTION OF LOT 22 IN BLOCK 1 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924, DESCRIBED AS FOLLOWS: THE EASTERLY 150.00 FEET OF SAID LOT 22, EXCEPTING THEREFROM THE NORTHERLY 70.00 FEET. CONTAINING 1500 SQUARE FEET, MORE OR LESS. PLAT EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PAUL E. GOEBEL LS 8486 PAUL E. GOEBEL, LS 8486 DATE EXHIBIT "B" PLAT ti, c�1 S U7-J CJASi7 PARK N 74 016'30" E 227.50' DOC. I DOC. # I DOC, # #2013- 0604666 I 1006 - 0018427 2002- 0085450 ml REC, 08/12/2013 R1 C. 01/12HDD6 REC. 01/31/2002 - - M n Z N 74 016'30" E 150.00' N 15 043'30" W 10.00' 10.0( 150.00' _ N 74 016'30" E 227.50' 1�ilr \� -1118 NOTE: BEARINGS AND DIMENSIONS SHOWN ON THIS PLAT ARE RECORD PER MAP 1776. 171 HATCH INDICATES EMERGENCYACCESS EASEMENT (1500 SQUARE FEET + / -) 25' h wI EXHIBIT "B" PLAT ti, c�1 S U7-J CJASi7 PARK N 74 016'30" E 227.50' DOC. I DOC. # I DOC, # #2013- 0604666 I 1006 - 0018427 2002- 0085450 ml REC, 08/12/2013 R1 C. 01/12HDD6 REC. 01/31/2002 - - M n Z N 74 016'30" E 150.00' N 15 043'30" W 10.00' 10.0( 150.00' _ N 74 016'30" E 227.50' 1�ilr \� -1118 NOTE: BEARINGS AND DIMENSIONS SHOWN ON THIS PLAT ARE RECORD PER MAP 1776. 171 HATCH INDICATES EMERGENCYACCESS EASEMENT (1500 SQUARE FEET + / -) 25' N E s DATE OF PLAT: DECEMBER 3, 2013. 0 40 80 O�u zlicilze2a PASCO LARET SUITER PAUL E. GOEBEL, PZS 8486 1 a ASSOCIATES 535 Non In Highway 101, Ste A, Solana Beach, CA 92075 ph 858.259.82121 (x 858-259-4812 1 plsaenginecHng.com 25' wI n Z W a W 0p0 M o Z CO) co r Z Z U 25' N E s DATE OF PLAT: DECEMBER 3, 2013. 0 40 80 O�u zlicilze2a PASCO LARET SUITER PAUL E. GOEBEL, PZS 8486 1 a ASSOCIATES 535 Non In Highway 101, Ste A, Solana Beach, CA 92075 ph 858.259.82121 (x 858-259-4812 1 plsaenginecHng.com ALL - PURPOSE ACKNOWLEDGMENT State of California l County of yn DI /SAS. On �- s -� 4 before me, JJJ fl qeA OA f rY10 h-, Notary Public, DATE p personally appeared lT Le Y, Y) T r U 1 YY1 who proved to me on the basis of satisfactory evidence to be the person(s) whose names is are subscribed the within instrument and ackn edged to me that %she /they executed the sam h' /her /their authorized capacity(ies), and that by i her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. `0 PLACE NOTARY SEAL M ABOVE SPACE 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. rzLe�la���, NOTARY'S SIGNATURE 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) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) ATTORNEY -fN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(TES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER v L F E `o n H APA I /2012 NOTARY BONDS, SUPPLIES AND FORMS AT HTTPI/WNW. VALLEY -SI ERRA.COM 02005- 2008VALLEY- SIERRAINSURANCE