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2014-216210 Y D 0 C ## 201 4-021 621 0 ' Recording Requested by: ) MAY 2 OFFFIICCIIA RECORDS PM City Engineer ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 When Recorded, Mail to: ) OC: NA City Clerk, City of Encinitas ) PAGES: 9 p` 505 South Vulcan Avenue 4 Encinitas, CA 92024 ) For the benefit of the City Space above for recorders use only n EMERGENCY ACCESS EASEMENT Assessor's Parcel No.'s: 216-030-62 ✓ Project No.: 13-197 CDP DOCUMENTARY TRANSFER TAX$_._ ____ Plan No.: 11903-G CP11- Christopher John Connolly and Rhonda Marie Connolly, Co Trustees of the Connolly Trust as Co Trustees of the Connolly Family Trust, dated July 11, 1997, hereinafter designated Grantor(s), are the owner(s) of the hereinafter described real property: See Exhibit "A"which is attached hereto and made a part hereof; Whereas Grantor(s) 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" and "C" which is attached hereto and made a part by hereof; 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 by: GRAN C hEVJ. o nolly, Owner/Trustee Date K &X�AA S Rh nda M. Connolly, Owner/Trustee Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. tdotarial Certificate Attached Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of2d " J On O/ before me, T�1� ,ghm C.CLk /yn ycc Date �1 Here Insert Name and Title of he Officer personally appeared to r l,o n rNQ J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(6) is/ere- subscribed to the within instrument and acknowledged to me that he/%he4hey executed the same in his/heFAheir authorized capacity(ies), and that by JOYE DAWN CATO his/weir signature(6) on the instrument the Commission # 1964382 z person(,), or the entity upon behalf of which the -c :) Notary y Public-California z San Diego County D persons) acted, executed the instrument. My Comm. Expires Jan 18,zoos 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: .4,9 - ja'c�x (�3i_ — Signature of Notary Public OPTIONAL Though this section is optional, completing this informati an deter alteration of the document or fraudulent reattachment of this for an unintended document. Description of Attached Document Title or Type of Document: Document Date: Nu s: Sign s) Other Than Named Above: Capacity(ies) Claimed by ' ner(s) Signer's Name: er's Name: ❑ Corporate Officer Title(s): ❑ Corpo fficer—Title(s): ❑ Partner— ❑ ' ited ❑ General ❑ Partner— ❑ . ed ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑ ney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guar or Conservator ❑Other: ❑ Other: Sign Is Representing: Signer Is Representing: 0 onal Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County ot-ei a On before me, 3e-)(-e pca y,O//G Date ff �/ Here Insert Na a d Title o the Officer personally appeared Hh o n d q " r7 n D Name(s) o Signers) who proved to me on the basis of satisfactory evidence to be the person(4 whose nameks) isfare subscribed to the within instrument and acknowledged to me that l4e/she/they executed the same in iris/her/their authorized capacity(ie*, and that by JOVE DAWN CATO Ws/her/t*eir signature(vo on the instrument the Commission # 1964382 person($9), or the entity upon behalf of which the Z Notary Public California z person(s) acted, executed the instrument. Z '+'`' San Diego County D My Comm. Expires Jan 1 B.2016 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. r Place Notary Seal Above Signature: S' ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration o e document or fraudulent reattachment of this form to an unintended doc nt. Description of Attached Document Title o �Document: ocument Date: Number Signers) Other Than ed Above: Capacity(ies) Claimed by Signer(s Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ rate Officer—Title(s): ❑ Partner— [] Limited eneral ❑ Partner— Limited ❑ General ❑ Individual ❑At hey in Fact ❑ Individual Attorney in Fact ❑Trustee uardian or Conservator ❑Trustee ❑ rdian or Conservator ❑Other: ❑ Other: Signer Is R presenting: Signer Is Representing: 0 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CITY OF ENCINITAS: 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, , as Resolution No. 94-107, and Grantee consents to the recordat' t of by i du authorized officer. Glenn Pruim Da e Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of 2-) 1 On OS'R_+ before me, a N- -. + Date Here Insert N d Title of the Officer personally appeared Cr,> OK N 1N m Name(s)of Signer(s) 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 DEANA GAY his/her/their signature(s) on the instrument the Commission*2037575 person(s), or the entity upon behalf of which the Notary Pum-cdow" person(s) acted, executed the instrument. = San DIIW Cowes I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and official seal. Signature: Place Notary Seal Above Signature of Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying document and could prevent fraudulent removal and reattachment of this form to another docu th 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: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 aCH1t31T�i�" LEGAL DESCRIP'11ON Those portions of Lots 7 and 8 In Section 33,Township 12 South, Range 4 West, San Bemardino Base and Meridian, in the City of Encinitas,County of San Diego, State of Califomia, according to United States Government Survey approved October 25, 1875, being also a portion of Parcel 1 of Parcel Map No. 10941 filed In the Office of the County Recorder of San Diego County January 29, 1981 as Fie No. 81-029896 described as follows: Commencing at a pant on the South line of said Lot 8 distant thereon South 89 024'01" East (record North 89°58'East) 144.92 feet from the Southwest comer of said Lot 8, said point being also a pant on the center line of La Costa Avenue as shown on County Road Survey No. 346 filed in the Office of the County Surveyor, thence North 0°55'01"West 188.57 feet to the True Point of Beginning; thence South 89 00037" West 145.22 feet; thence Norttr 66°5335" West WAS feet (record 117.01 feet) to an intersection with the Northwesterly meander line of said Lot 7; thence North 3300632" East along said meander line 4.24 feet (record 4.00 feet) to an angle point In said meander tine; thence North 37 03632"West along said meander line 35.72 feet to a point on the Southerly line of Parcel 2 of said Parcel Map No. 10941;thence North 89004'59"East (record North 89 00037"East) along said Southerly line 227.60 feet; thence South 0055101" East 78.97 feet to the True Point of Beginning. . Excepting therefrom that portion, if any,heretofore or now lying below the mean high tide line of the Pacific Ocean or any so-called Arm of the Sea. t�5211 SHEET 1 OF 1 EXHIBIT "B" FIRE ACCESS EASEMENT AN EASEMENT FOR FIRE DEPARTMENT ACCESS PURPOSES OVER THAT PORTION OF LOT 8 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN THAT LAND DESCRIBED IN A DEED TO CHRISTOPHER JOHN CONNOLLY AND RHONDA MARIE CONNOLLY, AS CO-TRUSTEES OF THE CHRISTOPHER JOHN CONNOLLY AND RHONDA MARIE CONNOLLY FAMILY TRUST, DATED JULY 11, 1997 AS AMENDED AND RESTATED AS DOCUMENT NO 2014-128878 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT SOUTHEASTERLY CORNER OF SAID CONNOLLY LAND; THENCE ALONG THE SOUTHERLY LINE THEREOF S89°00'37"W (S89°00'37"W RECORD) 24.00 FEET TO A POINT THAT IS 24.00 FEET WESTERLY OF MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LAND; THENCE PARALLEL WITH SAID EASTERLY LINE N00°55'01"W 22.93 FEET TO THE BEGINNING OF A 28.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 43.48 FEET THRU A CENTRAL ANGLE OF 88°58'37";THENCENON-TANGENT TO SAID CURVE NO°55"01"W 16.00 FEET; THENCE N89°52'10"E 31.86 FEET TO THE BEGINNING OF A 30.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 21.22 FEET THRU A CENTRAL ANGLE OF 39°51'17" TO A POINT IN THE EASTERLY LINE OF SAID CONNOLLY LAND; THENCE ALONG SAID LINE SOO°55'01"E 73.27 FEET TO THE POINT OF BEGINNING. CONTAINING 2,240 SQ. FT. OF LAND MORE OR LESS. O � �H C '--�1.8 5211 � CAUF EXHIBIT "C" SHEET I OF i FIDE ACCE55 EASEMENT PCL "A" CERT. OF COMP. PCL '•B" CERT. OF COMP. REC. 6-5-12 AS DOC N0. � REC. 6-5-12 AS DOC NO. 2012-328690 OF O.R. 2012-328690 OF O.R. `S�• APN 216-030-88 APN 216-030-89 N89 '04'27"E 227.55' A 39 '51 '17" A=21.22' P=30.50 ' 3 / o N 9 '52'10" / Lr)0 31.86' In L6 / z / � o ^ of PCL "B" CERT. OF COMP. 3 I ^ REC. 7-27-06 AS DOC NO. o I 3 2006-531586 OF O.R. A 88 '58'37" I o APN 216-030-74 A=43.48' 'n' I Ln R=28.00' O - I o 3 I Z CONNOLL Y PROPERTY PER DEED o I REC. 4-02-2014 AS DOC NO. Lo 2014-128878 OF O.R. r APN 216-303-87 O °z 24.00' c°v N89 '00'37'E 145.22' J P. 0. B. PCL "D" CERT. OF COMP. REC. 7-27-06 AS DOC NO. 2006-531586 OF O.R. APN 216-030-78 ^ Ln c6 INDICATES EASEMENT AREA 2240 SO. FT. +- ��� i-AND S�9 QN C yGy`�o 7 N LS 5211 PASCO LARET SUITER LA COSTA AVE. srglF ��~P ASSOCIATES OF CA�ZF C1710.E7GVWbG•UND R-AWbG•LOG 9 WEr8G 535 N.lilt'101 "A"SUM 8M G 92075 858-299-8272 Pl5AE1G8EFA8G7Dl PLSA 2100