2017-219803I
Recording Requested by:
City Engineer
When Recorded, Mail to:
City Clerk, City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2017 - 0219803
111111 11111 11111 11111 1111 111111 11111 11111 11111 11111 11111 11111 1111 illl
May 16, 2017 04:33 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR N/A
PAGES 10
For the benefit of the City Space above for recorders use only
EMERGENCY ACCESS EASEMENT
Assessor's Parcel No.'s: 264- 101 -27 Project No.: 09 -054 ADR
L Plan No.: 11314 -G
T.�,�s Fir 7c.�. $ C�,C�O
The Bridges Club at Rancho Santa Fe Inc. a California non - profit mutual benefit
corporation, 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:
for The B "ridges Club ai f
:ho Santa Fe, Inc. C C
C7 M'' AR
tint Name
Date
le
[Signature of Grantee /Owner must be notarized.
Attach the appropriate acknowledgement.]
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189
- r.�.rccctcaa: tar.' erg:+„ �r•,�s��cct�rrres;rre-- r.:�csrs :�xcxe::ne,:..
A notary public or other officer completing this ce I fcate verifies only the identity of the individual who signeo the
tlocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. '
State of California i
County of Snr1
On Q n) I
Date r jl —+ before me. 1:Y1gC�.J_- �_a'�LL Q�g
Dafe �f--
Nere Insert Name and Ti of the Officer
Personally appeared —�,°� m . �, b I
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) s taro
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
his/her /their authorized Capacity(ies), and that by his /her /their signatures) on the instrument the persurl(sl.
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
MAGGIE JUEL is true and correct.
Commission # 2042567 WITNESS my hand and official seal.
-o r; Notary Public • California z
z ' San Diego County '
My Comm. Exes Sep 22, 2017 Signature _��—
at"" of Notary Public
Place Notary Seat Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages: Signer(s) Other Than Named Above -
Capacity(ies) Claimed by Signers)
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited D General
❑ Individual ❑ Attorney in Fact
❑ Trustee O Guardian or Conservator
❑ Other: __ - - -- __-
Signer Is Representing:
Signer's
❑ Corporate Officer — Title(s):
iJ Partner — ❑ Limited Q General
IJ Individual O Attorney in Fact
rI Trustee C7 Guardian or Conservator
I I Other:
Signer Is Representing
02014 National Notary Association • www.NalionalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) ftem 9590?
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 recordation
th reof b 'ts duly authorized officer.
n ign ity o Encinitas
� k Z h6
Print Name
5112jI�
Date I
Title
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, The Bridges Club at Rancho Santa Fe, Inc., a
California non - profit mutual benefit corporation, as Trustor and HCC Investors, LLC as
Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder
of San Diego County on January 30, 2015, as Document No. 2015 - 0044018 of official
records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT -OF -WAY, CITY OF
ENCINITAS ( "DOCUMENT' hereinafter).
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.
BENEFICIARY:
Print Name
i6 VVO
Title
Signature
yl ZL2V t7
Date '
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
sents to recordation thereof by its duly authorized officer.
.�i I 111 1-7
Sig f r ity of ncinitas Date
�pt t 0- �Ltl�,D SAA-C lw C�h, ✓LG�✓1eQf
Print Name Title
ALL - PURPOSE 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 5'-n Di t Flo SS.
On 5 — 15 - 2 d 1% before me, H A e 0' A - S 1' i 0Y) Notary Public,
DATE
personally appeared h b 21 J zc�"' n ( who proved to me on the
basis of satisfactory evidence to be th
, lod 0, cow. EIP. kW-
PLACE NOTARY SEAL IN ABOVE SPACE.
e person(s) whose name(s is are subscribed��PP��the within instrument
and ackn� ged to me thatlha hhe /they executed the
sa I is er /their authorize 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.
WITNESS /m� y hand and official seal.
/ti l/t
Q 4
-1� NOTARY'SSIGNATURE
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S) TITLE(S)
ATTORNEY -IN -FACT
GUARDIAN /CONSERVATOR
SUBSCRIBING WITNESS
OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
L
APA01 ?015 NOTARY BONDS, SUPPLIES AND FORMS AT IT I T P:i WWWNAELEY- niMu.wm I._mu 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 SAf; lAtecb ) / /
On g -71� before me, L /V0 Ir.��AUb�C-
Date Here Insert Name and Title of the Officer
personally appeared y>10. S Ivux -4-; . A)oo [ (ax-, L
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(sKwhose namee are
subscribed to the within instrument and acknowledged to me that 0 she /they executed the same in
toher /their authorized capacity(iesl'and that by 1Qher /their signature(sKon the instrument the person(ar
or the entity upon behalf of which the person( 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.
L. AWERUM WITNESS my hand and official seal.
Notary Gu01k - Cahill
_ San " 2172
= Coarrrhatorr121725l1 Signature
Corms. t!. 2010 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — l Limited _. General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — I I Limited - General
Individual Attorney in Fact
Trustee I Guardian or Conservator
-- Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
EXHIBIT A'
LEGAL DESCRIPTION
BEING A SUBDIVISION PARCEL "A" OF CERTIFICATE OF COMPLIANCE B/C00 -0260, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED APRIL 11, 2003, AS
DOCUMENT NO. 2003- 0412924, OF OFFICIAL RECORDS, BEING LOT 215 OF COUNTY
OF SAN DIEGO TRACT NO. 4569 -6, ACCORDING TO MAP THEREOF NO. 13887, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 8, 1999, AS ADJUSTED BY
CERTIFICATES OF COMPLIANCE B/C00 -0131, RECORDED OCTOBER 27, 2000, AS
DOCUMENT NO. 2000- 0583082, B/C00 -193, RECORDED JUNE 1, 2001, AS DOCUMENT
N0, 2001- 0359313, B/CO1-0137, RECORDED SEPTEMBER 21, 2001, AS DOCUMENT NO.
2001- 0680272, AND BC03 -0250, RECORDED MAY 22, 2008, AS DOCUMENT NO. 2008-
0276786, ALL OF OFFICIAL RECORDS.
�07I11
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Access Bumann Exhibit'A' Legal Description.doc
EXHIBIT V
LEGAL DESCRIPTION
APN: 264 - 101 -27
THAT PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE B /C00 -0260,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED APRIL 11,
2003, AS DOCUMENT NO. 2003- 0412924, OF OFFICIAL RECORDS, BEING LOT 215
OF COUNTY OF SAN DIEGO TRACT NO. 4569 -6, ACCORDING TO MAP THEREOF
NO. 13887, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER
8, 1999, AS ADJUSTED BY CERTIFICATES OF COMPLIANCE B /C00 -0131,
RECORDED OCTOBER 27, 2000, AS DOCUMENT NO. 2000 - 0583082, B /C00 -193,
RECORDED JUNE 1, 2001, AS DOCUMENT NO. 2001 - 0359313, B /CO1 -0137,
RECORDED SEPTEMBER 21, 2001, AS DOCUMENT NO. 2001 - 0680272, AND BC03-
0250, RECORDED MAY 22, 2008, AS DOCUMENT NO. 2008 - 0276786, ALL OF
OFFICIAL RECORDS., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9;
THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89 058'14" WEST,
663.66 FEET TO THE WESTERLY LINE OF SAID EAST HALF; THENCE ALONG SAID
WESTERLY LINE NORTH 01 025'43" EAST, 20.01 FEET TO A LINE RUNNING
PARALLEL WITH AND DISTANT 20.00 FEET NORTHERLY OF THE SOUTHERLY
LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 9; THENCE ALONG SAID LINE SOUTH 89 °58'14"
EAST, 663.61 FEET TO THE EASTERLY LINE OF SAID EAST HALF; THENCE
ALONG SAID EASTERLY LINE SOUTH 01 017'14" WEST, 20.00 FEET TO THE POINT
OF BEGINNING.
\Or1AL LA/Vo
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No. 4 «
s
T9TFOFCAL \FO rI
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Access Bumann Exhibit 'B' Legal Description.doc
EXHIBIT 'C'
EASEMENT PLAT
APN: 264 -101 -28
0
E1 /2, SW1 /4 CD
NW1 /4, SEC. 9
T. 13 S., R. 3 W.
r
0
0
V APN: 264 - 101 -27
589'58'14 "E 663.61'
N89'58'1 4"W 663.66'
P.0.6 0
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SE CORNER �_ o
E1 /2, SW1 /4 Z a
NW1 /4, SEC 9 z
N o w
T.13S., R.3W. o
ZiN NE1 /4, NW1 /4 o it
SW1 /4, SEC. 9 0 00
T. 13 S., R. 3 W.
APN: 264 - 102 -02 Q
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No.7 2
107117
SCALE: 1" = 100' OF CALIF
0 100 200
SAN DIEGUITO ENGINEERING, INC.
QUM 462 STE VENS AVENUE, SUITE 305
SOLANA BE4CH, CA. 92075 INDICATES EASEMENT AREA
PHONE: (858) 345 -1149
CIVIL ENGINEERING • PLANNING
LAND SURVEYING
JUC 44,