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2015-342296 DOC# 2015-0342296 IIIII IIIII IIIII IIII IIII IIII I IIIII IIIII 11111 IIIII IIIII IIIII IIII II Jun 30, 2015 03 29 PM Recording Requested by: } OFFICIAL RECORDS City Engineer } Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER /�l ) FEES $2.00 1 When Recorded, Mail to. ) PCOR. N/A City Clerk, City of Encinitas PAGES 8 I� 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City Space above for recorders use only EMERGENCY ACCESS EASEMENT vA, { Assessor's Parcel No.'s: 264-101-28 V Project No.: 09-054 ADR DOCUMENTARY TRANSFER TAX$ O Plan No.: 11314-G BRETT HEERS AND LORRAINE HEERS, TRUSTEES OF THE BRETT HEERS AND LORRAINE HEERS LIVING TRUST 2007, 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 Grantors)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 Brett Hee "trustee/Owner Date Y�v A- T I_ ai a Heers, Trustee/Owner 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, 199 as R lion No. 94-107, and Grantee consents to the recordation thereof its aut riz officer. lenn Pruim Date Director of Public Works City of Encinitas ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On 10Z3 �20 1 S- 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 I WITNESS my hand and official seal Commission No.2061518 NOTARY PUBLIC CALIFORNIA SAN DIEGO COUNTY Comm=ion Exom Mr/Y,M8 Signatur, an (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of ao On_Torl?,22 n�. Z�l3before me, i,vi No's'y Py Date Here Insert Narre and Title of th6 Officer ' personally appeared ire+� Hec°1 s Q U ra j,7P r-5 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names V/ re subscribed to the within instrument and acknowledged to me that 0/40(6/(!ie)'o executed the same in hil/her , authorized capacity i( , and that by JEREK KIMBLE W/der/ signature(sa on the instrument the Commission# 1928478 perso s , or the entity upon behalf of which the Z ,.m Notary Public-California D person(s) acted, executed the instrument. Z San Diego County A My Comm.Expires Mar 14,2015 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 Signature Place Notary Seal Above ignature of Notary Public OPTIONAL p Though the information below is not required by law, it may prove valuable to persons relying on the document G and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ,/7,,1onc 1,/ r CESS �C4SC�Z�v7� I�$ Document Date Number of Pages. S Signer(s) Other Than Named Above 3 pp Capacity(ies) Claimed by Signer(s) IG Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑Corporate Officer — Title(s) Cl Individual ONE ❑ Individual ( ❑ Partner — ❑Limited ❑General Top or thumb Here ❑ Partner — ❑Limited El General of thumb General -here 5� I ❑ Attorney in Fact ❑Attorney in Fact [ ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator rz ❑ Other- ❑Other• I� Ir (r Signer Is Representing Signer Is Representing f' ©2010 National Notary Association-National Notary.org-1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT `A' LEGAL DESCRIPTION APN 264-101-28 THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT LAND OFFICE. EXCEPTING A PORTION OF LAND 20 00 FEET IN WIDTH, ALONG THE SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, BEGINNING AT THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, AND CONTINUING WESTERLY APPROXIMATELY 660.00 FEET TO THE EXISTING ROADWAY, AS SAID ROADWAY EXISTED SEPTEMBER 4, 1957. ALSO EXCEPTING THEREFROM THE NORTHERLY 970 00 FEET THEREOF. `yp,L LAN G. O o. 7 ;o 613 14 �c �T9TFOF CAt\FO����/�JJ3 U:\1 data\surveys\4444surv\letters&documents\legats and dots\Unit 6 New TM 5270\COE Emergency Access\New U6 Panhandle COE Emergency Access Heers Exhibit'A'Legal Description.doc EXHIBIT`B' LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT LAND OFFICE, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEASTERLY CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9; THENCE ALONG THE EASTERLY LINE OF SAID EAST HALF NORTH 01017'14" WEST, 20 00 FEET TO A LINE RUNNING PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9; THENCE ALONG SAID PARALLEL LINE NORTH 89-58'14" WEST, 217.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 72 014'09" WEST, 26.24 FEET; THENCE NORTH 89°58'14" WEST, 40.36 FEET; THENCE SOUTH 72 015'15" WEST, 26.18 FEET TO SAID LINE RUNNING PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID EAST HALF; THENCE ALONG SAID PARALLEL LINE SOUTH 89°58'14" EAST, 90.29 FEET TO THE TRUE POINT OF BEGINNING. N� LA G. a SG �N 0 0. 7 2 ��9TFOFCa����`������f�3 UAl datMsurveys%4444survUetlers&documentsUegals and docs\Unit 6 New TM 52701COE Emergency Access\New U6 Panhandle COE Emergency Access Heers Exhibit'B'Legal Descriplion.doc EXHIBIT "C" EASEMENT PLAT APN: 264-101-28 0 a El/2, SW 1/4 N NW1/4, SEC. 9 W T. 13 S., R. 3 W. a c £ O Z o N89'58'14'W N S72'15'15"W, 26.18' 40.36' N72'14'09'W, 26.24' 72 t x W N89'58'14"W _ 217.04' T P.O. S89'58'1 4"E, 90.29' P.0.8 0 E c' a SE CORNER C a N E 1/2, SW1/4 NW1/4, SEC 9 W T.13S., R.3W. ,y o o NE1/4, NW1/4 0 0 SW1/4, SEC. 9 T. 13 S., R. 3 W. APN: 264-102-02 Q pNPL LAIC ���5� G. GAL N z O 4 0. 74 X o z xp. 6/3 SCALE: 1" a 100' 0 100 cs�gTfiO 200 Z FCAu uj m SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 ® INDICATES EASEMENT AREA °, PHONE. (750) 753-5525 c CIVIL ENGINEERING • PLANNING LAND SURVEYING SDE 4444