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2014-262762 D O C ## 2014-0262762 f 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII JUN 24, 2014 4:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Requested b : Ernest J. Dronenburg,Jr.,COUNTY RECORDER Recording q y ) FEES: 0.00 WAYS: 2 City Engineer ) OC. NA PAGES: 11 When Recored, Mail to: City Clerk, City of Encinitas 111111111111111 IIII IIII 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City Space above for recorders use only EMERGENCY ACCESS EASEMENT ✓ �• �\`\ Assessor's Parcel No.'s: 261-280-02 Project No.: 12-159 TPM/ADR/CDP Plan No.: 11756-G 2323 EDINBURG AVENU E LL C, hereinafter designated Grantor(s), are the owner(s) of the hereinafter described real property: v9CUMENTARY TRANSFER TAX$._.------ 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: GRANTOR: W u,r-* 1J\,-dM S-16-It Wyatt achtel for Date 2323 Edinburg Avenue LLC [Signature of Grantee/Owner must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S14tq On_���- /t / ff before me, JC IS P/a C y[ll i+lf Q- ;N (here insert name and title of the officer) personally appeared Ire V tq 7T 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. .��• JOSEPH C.YUHAS WITNESS my hand and official seal. Commission#► 1963940- Notary Public-California San Diego County r ` M Comm.E res DOC 16,2015 .2_4' ignature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/dwy—is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. [I Other a Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 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 Nove ber 9, 1 9 , as Resolution No. 94-107, and Grantee consents to the recordat'ori t of by its ly uthorized officer. Glenn Pruim Date Director of Engineering and Public Works City of Encinitas ACKNOWLEDGMENT State of California County of San Diego ) On June 24, 2014 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Glenn Pruim ------------------------------------------------------------------ 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. SAMANTHA MORROW Commission No.2087518 0 NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. SAN DIEGO COUNTY Commission Expires May 9.2018 Signature (Seal) SUBORDINATION AGREEMENT WHEREAS,those parties concerned, WYATT JOSEPH WACHTEL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY as TRUSTOR, and THE MOAN COMPANY OF SAN DIEGO,A CALIFORNIA LIMITED PARTNERSHIP as BENEFICIARY desire to have the 12@gd of Trust recorded in the office of the County Recorder of San Diego County on February 13, 2014, as Document No. 2014-OQ61542 of official records, subordinated to EMERGENCY ACCESS EASEMENT("DOCUMENT' hereinafter)and the City of Encinitas. Now, therefore,for valuable consideration,the receipt of which is hereby acknowledged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. BENEF 1 2 TH AN CO A Y OF SAN DIEGO, Date A CALIFORNINKIMITFD PARTNERS HIIP� Be ficiary °� WeA Bene ciary Date itiotarial ce ' cafe Attached Date f no Signature of Beneficiary to be notarized. Attach the appropriate acknowledgments. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas accepts and consents to the making of the foregoing Subordination Agreement and con nts recorda ereof by its duly authorized officer. Glenn Pruim Date Director of Engineering and Public Works City of Encinitas State of California ) CALIFORNIA ALL-PURPOSE County of le"K CERTIFICATE OF ACKNOWLEDGMENT On before me, (here inset[name an4 title-of t officer) personally appeared 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 MOAN=,LLOYD State of California that the foregoing paragraph is true and correct. COMM. 02050486 z � c Cana Nov.28 2017 WITNESS my hand and official sea[ Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document = The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose Of Proved to me on the basis of satisfactory evidence: — L0 form(s)of identification Q credible witness(es) Notarial event is detailed in notary journal on: i containing pages,and dated Page n Entry a _ The signer(s)capacity or authority is/are as: Notary contact: - ❑ Individual(s) Other _ ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)[humbprint(s) ❑ Corporate Officer(s) - 7itle(s) U ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: _ representing: _ Name(s)of Person(s;or Entity(ies)Signer is Representing 0 Copyright 2007-2013 Notary Rotary,Inc.PO Box 41400,Des Moines,IA 50311-0507 All Rights Reserved Item Number 101772. Please contact your Authorized Resetfer to purchase copies of this form_ ACKNOWLEDGMENT State of California County of San Diego ) On June 24, 2014 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Glenn Pruim ----------------------------------------------------------------- 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. SAMANTHA MORROW a Commission No.2067518 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA to SAN DIEGO COUNTY Comrnission Expiraa May 9,2018 Signature (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 1 OF COUNTY OF SAN OF DIEGO TRACT NO. 4503-1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11455, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1986. F.IT pLS 8548 off{ EXHIBIT 'B" EMERGENCY VEHICLE ACCESS EASEMENT PLAT LOT 1 I �Q 70 • .o MAP 11 4 5 5 s p�L �tk o00 I y °5 O I i L=5.51' i' R=170.00' A=1°51'31" �°`� N87°52'49"E- GG� ------ POINT OF BEGINNING IQ 11�g51 1�1 7 �� N L=11.99' R=28.00' l ro�� 0=24°31'55„ / FO EMERGENCY VEHICLE ACCESS EASEMENT IL=15.24' (238 S.F.) • R=28.00' D=31°10'34" LOT 2 N LEGEND. • FOUND 3/4" IRON PIPE MARKED"LS 4605" VICINITYMAP W E N.T.S. F� S GNP�o t<a N 0 20 40 PREPARED BY: m Ln m PACIFIC OCEAN BLAKE E. TORGERSEN Pi.S $ a� SITE PLS 8548 PASCO LARET SUITER &Ass(Do UATM2) 535 North Highway 101,Ste A,Solana Beach.CA 92075 ph 858.259.8212 1 fx 858.259.4812 1 plsaengineering.com EXHIBIT "C" EMERGENCY VEHICLE ACCESS EASEMENT DESCRIPTION THAT PORTION OF LOT 2 OF COUNTY OF SAN OF DIEGO TRACT NO. 4503-1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11455, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1986, DESCRIBED AS FOLLOWS: BEGINNING NORTH 59°52'40" EAST (RECORD = NORTH 59°54'05" EAST) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2 A DISTANCE OF 61.23 FEET FROM THE NORTHWESTERLY CORNER THEREOF; RUNNING THENCE NORTH 59°52'40" EAST ALONG SAID BOUNDARY 17.10 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY CONTINUING ALONG SAID BOUNDARY 5.51 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 051'31" TO THE BEGINNING OF A NON-TANGENT 28.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE RADIUS POINT BEARS NORTH 87°52'49" EAST; THENCE DEPARTING SAID LINE SOUTHERLY 11.99 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°31'55"; THENCE SOUTH 48°12'48" WEST 16.57 FEET TO THE BEGINNING OF A NON-TANGENT 28.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE RADIUS POINT BEARS SOUTH 63°20'54" WEST; THENCE NORTHWESTERLY 15.24 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°10'34" TO THE POINT OF BEGINNING. CONTAINING 238 SQUARE FEET. PREPARED BY: 4 -/ 7-14¢ PLS 8548 � Q BLAKE E. TORGERSEN, PLS 8548 DATE