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
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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.
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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.
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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
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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
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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
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BLAKE E. TORGERSEN, PLS 8548 DATE