2014-399710 DO # 201 4-0399710
SEP 16, 2014 3:54 PM
i OFFICIAL RECORDS
i SAN DIEGO COUNTY RECORDER'S OFFICE
Recording Requested by: ) Ernest J Dronenburg,Jr,COUNTY RECORDER
City Engineer FEES 000 WAYS 2
,1 ) OC. NA
PAGES: 10
When Recorded, Mail to: )
City Clerk, City of Encinitas �������������������������� 11111 IN IN
I" 505 South Vulcan A
a venue )
Encinitas, CA 92024 )
For the benefit of the City Space above for recorders use only
EMERGENCY ACCESS EASEMENT
VIA Assessor's Parcel No.'s: 216-030-88 Project No.: 13-197 CDP
r'OCOMENTARY TRANSFER TAX$ Plan No.: 11947-G
TIM A. SULLIVAN AND ROSEANE SULLIVAN, TRUSTEE OF THE SULLIVAN
TRUST DATED AUGUST 12, 2011, 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:
GRANTQR-
AZ�
Tim
4 axo <�q- �Sullivan Date
B
Roseane Sullivan Date
[Signature of Grantee/Owner must be notarized.
Attach the appropriate acknowledgement.]
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 1994, as Resolution No. 94-107, and Grantee consents to the
record a n t eof b s my authorized officer.
p�jG�j7
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
A PORTION OF LOT 8, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST SHOWN AS
PARCEL "A" ON CERTIFICATE OF COMPLIANCE NO. 04-155 BA/CDP, AS EVIDENCED BY
DOCUMENT RECORDED JULY 27, 2006 AS INSTRUMENT NO. 06-531586 OF OFFICIAL
RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 10941, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 1981 AS FILE
NO. 81-029896 OF OFFICIAL RECORDS, BOTH IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A" BEING THE TRUE POINT
OF BEGINNING, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A", SOUTH
00°55'01" WEST, 177.34 FEET, THENCE SOUTH 89°04'59" WEST 142.94 FEET (RECORD
142.95 FEET); THENCE SOUTH 44°04'59" WEST, 49.50 FEET, THENCE NORTH 00°55'01" WEST
32.09 FEET; THENCE NORTH 44°04'59" EAST 48.10 FEET; THENCE NORTH 00°55'01" WEST,
55.41FEET; THENCE NORTH 46°16'54" WEST, 128.83 FEET TO A POINT ON THE NORTH
LINE OF SAID PARCEL 2; THENCE NORTH 89°00'24" EAST, 235.61 FEET TO THE TRUE
POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL "B" OF THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED ON JUNE 5, 2012 AS INSTRUMENT NO. 2012-0328690 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
t
No.7655 i
CALF
EXHIBIT "B"
LEGAL DESCRIPTION
FOR
EMERGENCY ACCESS EASEMENT
THAT PORTION OF LOT 8, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST SHOWN AS
PARCEL "A" ON CERTIFICATE OF COMPLIANCE NO. 14-155 BA/CDP, AS EVIDENCED BY
DOCUMENT RECORDED JULY 27, 2006 AS INSTRUMENT NO. 06-531586 OF OFFICIAL
RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 10941, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 1981 AS FILE
NO. 81-029896 OF OFFICIAL RECORDS, BOTH IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS PARCEL `B" OF THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED ON JUNE 5, 2012 AS INSTRUMENT NO. 2012-
0328690 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL `B" OF CERTIFICATE
OF COMPLIANCE RECORDED ON JUNE 5, 2012 AS INSTRUMENT NO. 2012-0328690 OF
OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00°55'01"
WEST 26.29 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 30.50 FEET, A RADIAL TO SAID POINT BEARS SOUTH 39°59'07" EAST; THENCE
LEAVING SAID WESTERLY LINE OF PARCEL "B" NORTHEASTERLY ALONG THE ARC OF
SAID CURVE 3.49 FEET THROUGH A CENTRAL ANGLE OF 06 032'49"; THENCE NORTH
43 027'47" EAST 9.54 FEET; THENCE SOUTH 46'32'13" EAST 16.00 FEET; THENCE SOUTH
43 027'47" WEST 18.15 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 28.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 46032'13"
WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 11.22 FEET
THROUGH A CENTRAL ANGLE OF 22 057'37" TO A POINT ON THE SOUTHEASTERLY LINE
OF SAID PARCEL `B"; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 44 004'59"
WEST 2.74 FEET TO THE POINT OF BEGINNING.
CONTAINS 354 SQUARE FEET, MORE OR LESS.
5�9 LAND
GHQ G�XAT L. g, cpf
p�P
No.7655
0 CA
v
-- N89170'24'E 235.61'
--- EXHIBIT C
ti PCL A NOTES:BOUNDARY DATA SHOWN
CDC 14-15 5 B A/C D P HEREON PER CERIIF/CATE OF
COMPLIANCE RECORDED JUNE
2006-0531586 5, 2012 AS DOCUMENT NO.
2012-0328690 OF OFFICIAL
RECORDS
PCL B 3
a
PCL 2 CDC 2012-0328690 g
R3
PM 10941
o °
_ a °
DETAIL "A
NK-
------�-3 - N89'0459E 142.94
SEC 33 N
T 12 S R 4 W °
S B M
EXISRNG EMERGENCY ACCESS EASEMENT
-- RECORDED ON MAY 27 2014 AS DOC. NO.
I I 2014-0216210 OF OFfCIAL RECORDS
I I
I- -v
0
U ETA_
IN
PCL B
CURVE RADIUS DELTA LENGTH
Cl 3 50 0 06:3249- 3-.49
C2 2 0 225777' 11.22' PCL A o� / }�}�BIERWY ACCESS WaEff
/�����// TO }/E=OF
fNWAS hffZ N
JN4J27'47°E SEC 33
/i 18.15
° FaB �� �C2`. T 12 S R 4 W
�\ Nom.?1
S MOST S'LY
AND S B M
N COR PCL B `'2 74, 9Sp�
J � No. 765 0 K z^� �DETAIL �A
J� c` �� ° •- -a SAMPO ENGINEERING, INC.
T�OF r V��\"0� a
TEL. (760)436-0660 FAX (760)436-0659
JN, 13-128 SULLIVAN 8/151114
Document Prepared by-
Lillie Griffin
Bank of America,N.A.
Partial Release Department
7105 Corporate Drive
Plano,Tx 75024
AND WHEN RECORDED MAIL TO-
Document Recording Services
PO Box 3008
Tallahassee, FL 32315-3008
MIN# 1000157-0008795931-4
SIS#888-679-6377 p�
This Consent to Easement (the "Consent") is made this day of 14, by and
between MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. whose address is
1901 E VOORHEES STREET, SUITE C, DANVILLE, IL 61834, P. O. BOX 2026, FLINT, MI
48501-2026 as nominee for BANK OF AMERICA,N.A.,ITS SUCCESSORS AND ASSIGNS
(the "Lender") and the CITY OF ENCINITAS (the "Grantee").
WITNESSETH
WHEREAS, the Lender is the beneficiary of that certain Mortgage granted by TIM A
SULLIVAN AND ROSEANE SULLIVAN, TRUSTEE OF THE SULLIVAN TRUST DATED
AUGUST 12, 2011 (together, the "Grantor") to Lender, dated JUNE 28, 2013 and recorded on
JULY 5, 2013 in the official records of SAN DIEGO COUNTY, CALIFORNIA at Instrument
number 2013-0422954 , encumbering certain real property (the "Property") described therein.
WHEREAS, the Grantor has granted to Grantee that certain Easement ("Easement") over
a portion of the Property, which Easement is attached hereto and incorporated herein as Exhibit
"A"
WHEREAS, Grantor and Grantee have requested that the Lender consent to the grant of
such Easement and subordinate its Mortgage lien to the Grantee's rights under the Easement.
NOW THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, Lender consents to the grant of the Easement to Grantee and agrees that the
Mortgage lien is subject to such Easement; provided however, that nothing contained in this
provision shall operate to alter, change or modify the terms, provisions or conditions of the
Mortgage, or any instrument described or referred to therein, or to release or affect the validity or
priority of the lien, security interest and other rights of Lender arising under or by virtue of the
Mortgage. The lien, security interest and other rights of the Lender to the Property by virtue of
the Mortgage shall not be affected in any manner by the execution of this Consent other than to
subordinate the lien to Grantee's rights under the Easement such that in the event the Lender
forecloses its lien, Grantee's rights under the Easement shall not be extinguished.
Witness the following signature:
Mortgage Electronic Registration Systems, Inc as
Nominee for Bank of America,N.A., its successors
and sigT
B
N James Di Paola
Title: Assistant Vice President
CERTIFICATE OF ACKNOWLEDGMENT
State of Texas
County of Collin
This instrument was acknowledged before me on %&ADNtgAC 11.Q01 date)by James Di Paola
(name of corporate officer), Assistant Vice President (title of corporate officer)
of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR BANK OF AMP-RICA,
N.A., ITS SUCCESSORS AND ASSIGNS (name of corporation acknowledging), a NATIONAL (state of
into oration)corpor . n,on behalf of said corporation
(SEAL)
(Notary Public Si ature) SEA FD
O
z k
47Le Of
0 r�20��p�,r
-PURPOSE
CALIFORNIA ALL
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �
On k kk 2_-1 U 1+before me, ?)i 4 tZA k PL)b`t t,
(Here insert name and title of the officer)
personally appeared 'T%VA pt SU��N-A N At4 n S U I k i q At- ,
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.
r , BIANCA ROSE HAYNES
"' Commission # 1979499
a ='.e` a; Notary Public -California z
WITNESS hand and offici se I. zf`t:` San Diego County
My Comm.Expires May 25,2016
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION WO
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 notmy to do something that is illegal for a notary in
California (i.e. certifving the authorized capacity of the signer) Please check the
(Title or description of attached document continued) document carefullvfor proper notarial wording and attach this form ifrequired.
• 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.
j 4w/shek4wyLr is�4w)or circling the correct fors.Failure to correctly indicate this
0 Individual(s) information may lead to rejection of document recording.
0 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 for.
Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney-in-Fact cu Additional information is not required but could help to ensure this
0 Trustee(s) acknowledgment is not misused or attached to a different document.
13 Other cQ Indicate title or type of attached document,number of pages and date.
CA 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
2008 Version CAPA 02.10.07 800-873-9865 www.NotaryC]asses.com
ACKNOWLEDGMENT
State of California
County of San Diego )
On September 16, 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.
MSAMANTHA MORROW
WITNESS my hand and official seal y Conwnumm No.2087518
v NOTARY PUBLIC CALIFORNIA 60
SAN DIEGO COUNTY 2
Comm=*n Expire MMy 9,2018
Signature %1111 L' (Seal)