2014-216212 DOC ## 201 4-021 6212
Recording Requested By And I IIIIIII IIII IIII VIII VIII VIII VIII(IIII(IIII VIII VIII(IIII IIII IIII
When Recorded Mail To: )
MAY 27, 2014 4:30 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 0.00
City Clerk ) OC: NA
Abi City of Encinitas ) PAGES: 8
( 505 S. Vulcan Avenue
IVA,'Q Encinitas,CA 92024 ) SPACE ABOVE FOl
0y, FOR THE BENEFIT OF THE CITY
GRANT OF EMERGENCY ACCESS EASEMENT
Ah� Assessor's Parcel Case No. 06-005 TM/DR/CDP/EIA
No. 259-180-SS,/DOCUMENTARY TRANSFER TAX$ —.
aej jL59-ISO-5(o/
'1 Warmington Encinitas 41 LLC, A Delaware limited liability Company("GRANTOR"hereinafter)is
the owner of real property which is commonly known as 923 to 940 Bluejack Road and 1002 to 1021
Scarlet Way and which is described as follows:
THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4
WEST, OF THE SAN BERNARDIONO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE GOVERNMENT SURVEY THEREOF, APPROVED APRIL 19, 1881, AS MORE
PARTICULARLY DESCRIBED IN THE QUITCLAIM DEED RECORDED AS
DOCUMENT NO. 1999-0629597 IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, SEPTEMBER 14, 1999.
In consideration of the approval of Case No. 06-005 TM/DR/CDP/EIA by the City of Encinitas
("GRANTEE" hereinafter), GRANTOR does hereby Grant and Convey to GRANTEE, two (2)
perpetual exclusive easements and right-of-ways for emergency access purposes only upon, through,
over and across those portions 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 easements and right-of-ways by GRANTEE, its successors or assigns, at the
expense of the GRANTOR, successors, or assigns expense, and to have and to hold said easements and
right-of ways 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.
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 easements and right-of ways by GRANTEE,
its successors and assigns, provided that the entire area encumbered by the emergency access
easements shall be unobstructed at all times,unless authorized by the GRANTEE in writing.
PBD\AM\\g:\Covenant\06-005emergencyaccessl.doc- 1 -
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
easements and right-of-ways, any buildings or structures of any nature or kind that will interfere with
the use of said easements and right-of-ways unless authorized by said GRANTEE, its successors or
assigns, or that will interfere with the ingress or egress along said easements 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 easements 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 of the surface of said real
property herein described, subject to the conditions above stated.
GRANTOR:
Warmington Encinitas 41 LLC, A Delaware Limited Liability Company
By: Warmington 2001 Pool LLC, A Delaware Limited Liability Company. Its member
By: WRG Builder I. L.P., A California Limited Partnership, Managing Member
By: Warmington Residential California, Inc. A California Corporation, General Partner
Dated L by
(Signature of GRANTOR must be notarized; attach the appropriate acknowledgement.)
PBD\AM\\g:\Covenant\06-005emergencyaccessl.doc-2-
GRANTEE:
This is to certify that the interest in real property conveyed by deed or grant to the City
of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on
behalf of the City Council of the City of Encinitas pursuant to authority conferred by
Resolution of the City Council of the City of Encinitas adopted on November 9, 1994
and the grantee conse is to recordation thereof by its duly authorized officer.
,,-
Masih Maher for Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
ACKNOWLEDGMENT
State of California
County of aity p
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j P,��Vtj-fl �
On . / 1c: ,
� _before me
(�i (insert name and title of the offic r)
personally appeared �"r LW�• /! /�-e
who proved to me on the basis of satisfactory evi en a to be the person(sj whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/s4eAhay executed the same in
his/her/their authorized capacityLes), and that by his/hed#heiLsignature(s) on the instrument the
person(a)-, 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. JACKIE L.VENTURELU
Commission#t 1856725 =
No Public-California
WITNESS my hand and official seal. Orange County
M Comm.Ex Tres Jul 4,2013
Signature (Seal)
SHEET 1 OF 1
EXHIBIT "A"
EMERGENCY VEHICLE EASEMENTS
AN EASEMENT FOR EMERGENCY VEHICLE ACCESS PURPOSES OVER,
UNDER, ALONG AND ACROSS LOTS 19 AND 20 OF MAP 15827 , IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF RECORDED MAY 25, 2011 AS DOCUMENT
NUMBER 2011-0275043 OF OFFICIAL RECORDS.
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MELBA ROAD �O
PASCO LARET SUITER DATE
& ASSOCIATES
535 N.COAST HI.101 STE A
SOLANA BEACH CA 92075 INDICATES EMENGENCY ACCESS EASEMENT
PH 858.259.8212
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of s G•v� �i e�4 SS.
On j— Z 1 — Z0 14 before me, 4y,Q,et o,- 14• Notary Public,
DATE
personally appeared M ASS 6,k-2-1'— ,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.
uoa'- ,roN ar3.MOa�w I certify under PENALTY OF PERJURY under the
o ioN laws of the State of California that the foregoing
111;8002/' 000 — paragraph is true and correct.
LN OPIIS 'V V130NV TVr
WITNESS my hand and official seal.
ANGELA A. SIMON
Coma.>t 2009314
NOTMY PWIC-WOIINU N
so DIEGO Wow � c
my Con.UP.m1111.2,2017
OTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
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