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2017-358809 DOC# 2017-0358809 IIIIIIIIIIIIIIIillllllllllllllilllllllllllllllllllllilllllllllllllllll Aug 08, 2017 04:03 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.. Recording Requested by: ) SAN DIEGO COUNTY RECORDER City Engineer ) FEES $0,00 PAGES' 8 When Recorded, Mail to: ) City Clerk, City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) Space above for recorders use only FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: $0.00 1 EMERGENCY ACCESS EASEMENT A.P.N.: 216-100-281 Permit#: 13160-G Address: 1748 Caudor St. Case #: 15-319 DR/CDP Keith Kelly and Claire Chateauneuf, trustees of the Kelly and Chateauneuf Family Trust, dated June 7, 2000, 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: GRANTOR-� 4/st ad►-I Keith Kelly, Trustee/Owner Date laire Chq eauneuf, Trust /Owner Date [Signature of Grantee/Owner must be notarized. Attach the appropriate acknowledgement.] ATTACHED FORM FOFt `1 FICATE SEE ATTACHED FORM FOR NOTARY CERTIFICATE 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 thereof by its duly authorized officer. �11� nk Belock Date Interim City Engineer City of Encinitas A notary public or other officer completing this certificate verities only the identity of the indivldual who signed the docu ngot to which this certficate is attached,and not the truthfulness, accuracy,or validity of that document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of �4 '.1 Pt 1, nn! yI, J} On Zo before me /��z ��C)✓f o', /V,) tof! Data Here Insert Name and Title el tr?Officer (' personally appeared 4 �� � I cA(V e C�4 1 e-twelP✓-C 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 OFFICIAL SEAL instrument the person(s), or the entity upon behalf of ADE ALBANNA which the person(s) acted, executed the instrument. NOTARY PUBLIC.CALIFORNIA COMM.NO.2107006 SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the laws MY COMM.EXP.MAY/1,2019 of the State of California that the foregoing paragraph is true and correct. WITNESS myy hanndand official seal. Signature al4a Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer(s) Signer's Name: Signer's Name: Individual - Individual - Corporate Officer—Title(s): - Corporate Officer—Title(s): - Partner—- Limited General _ - Partner— - Limited C General _ Attorney n Fact 21 = Attorney in Fact y Top of thumb here Top of thumb here - Trustee .-.Trustee _ Guardian or Conservator - Guardian or Conservator Other: - Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto AVe.,PO Box 2402•Cbatswonin CA 91313-2402•w Nationafttaryorg Item#5907 Re tel Call Toll-Free t-800-8]5b827 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS CONVEYED BY DEED GRANTED TO THE STATE OF CALIFORNIA RECORDED ON JUNE 30, 1954 IN BOOK 7769, PAGE 506 OF OFFICIAL RECORDS, AND AS DEPICTED ON RECORD OF SURVEY NO. 19723 FILED IN THE COUNTY RECORDER OF SAID COUNTY ON JUNE 8, 2007, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34 AS SHOWN AND DEPICTED ON SAID RECORD OF SURVEY NO. 19723; THENCE ALONG THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, SOUTH 1°00'47" EAST 251.18 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO LEE R. TERRY ET, UX, RECORDED ON JUNE 21, 1951 IN BOOK 4143, PAGE 347 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TERRY LAND,NORTH 37°55'30"WEST, 314.27 FEET TO THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34; THENCE LEAVING SAID TERRY LAND, SOUTH 26°19'25"WEST 68.03 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MELBOURNE E. WHEELER, ET UX, RECORDED ON JUNE 28, 1951 IN BOOK 4151, PAGE 405 OF OFFICIAL RECORDS; THENCE ALONG SAID WHEELER LAND, SOUTH 37°55'30" EAST 256.38 FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 054'43" A DISTANCE OF 19.33 FEET; THENCE SOUTH 1°00'47" EAST 30.24 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89 038'50" A DISTANCE OF 31.29 FEET TO THE NORTHERLY SIDE LINE OF CAUDOR STREET (FORMERLY DIANA AVENUE); THENCE ALONG SAID NORTHERLY SIDELINE NORTH 88 038'03" EAST 79.88 FEET TO SAID EAST LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34; THENCE ALONG SAID EAST LINE, NORTH 1 000'47" WEST, 81.90 FEET TO THE TRUE POINT OF BEGINNING . LANss,;9`. SEAN NGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. u� LS. 7959 y T9��F CAIL5�4��P EXHIBIT "B" LEGAL DESCRIPTION OF EMERGENCY TURNAROUND EASEMENT THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS CONVEYED BY DEED GRANTED TO THE STATE OF CALIFORNIA RECORDED ON JUNE 30, 1954 IN BOOK 7769, PAGE 506 OF OFFICIAL RECORDS, AND AS DEPICTED ON RECORD OF SURVEY NO. 19723 FILED IN THE COUNTY RECORDER OF SAID COUNTY ON JUNE 8, 2007, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34 AS SHOWN AND DEPICTED ON SAID RECORD OF SURVEY NO. 19723; THENCE ALONG THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, SOUTH 01°00'47" EAST, 333.08 FEET TO THE SOUTHEASTERLY CORNER OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 25, 2007 AS DOCUMENT NO. 2007-0625407 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL, SOUTH 88 038'03" WEST, 9.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 88 038'03" WEST, 24.76 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS S44 050'49"E, SAID CURVE HAVING A RADIUS OF 28.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 450 06' 23", AN ARC LENGTH OF 22.04 FEET; THENCE NORTH 00°27'35" WEST, 16.23 FEET; THENCE NORTH 88 059'13" EAST, 16.00 FEET; THENCE SOUTH 01'00'54" EAST, 35.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 631 SQUARE FEET MORE OR LESS. / / 3/l 7 SEAN NGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. cn � LS. 7959 s 9�OF CAUF�P�\P EIMIT "C" SCALE: 1 " = 60 PLAT OF EMERGENCY TURNAROUND EASEMENT LECiffi�iD � P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING E77-1 PROPOSED EMERGENCY �I TURNAROUND EASEMENT G3 W9 �C3GA1 AREA = 631 S.F. - - - - - - -� - - - - - P.O.C. x NO% aOo o^�N NE CORNER I� p a o alb- (7 S 1/2, SW 1/4, SW 1/4 �o SEC. 34 T1 2S, R4W, Iti S�ByM� N 9/4�9��M9n {� .�i(�al�JLfS�C�1oMNfl7i1((����77 ,�. p]I N 4 d 2% mom go-IIuL 6 � \ °� I� N � � �j N O 2� 0 A S 0 �i 3 00 0 1U) v" w %06'� I} PCB C.O.C. INDICATES CERTIFICATE OF Z cn COMPLIANCE RECORDED SEPTEMBER 25, 2007 AS DOCUMENT NO. R• s�- 2007-0625407 OF OFFICIAL Ste- c�•. RECORDS. L=19.33' Rq iy� 0=36'54'43" � PJ LINE TABLE R=30.00' o LINE# LENGTH BEARING N01.00'47"W 30.24' L5 L1 9.00' N88'38'03"E L=31.29' L2 24.76' N88.38'03"E o=89'38'50" c F// L3 46.12' N88'38'03"E R=20.00' L4 35.76' NOt'00'S4"W L ` L5 16.00' N88'59'13"E N 3 L6 16.23' N00'27'35"W CAU170R 79.88' CURVE TABLE STRZET CURVE # LENGTH RADIUS DELTA (FORMERLY IANRA AVE.) T•P.O.B. C1 22.04' 28.00' 45.06'23" LAND Sv9 LES Fti��o c 9 ULS COASTAL LAND SOLLMONS,INC. n PH (760) 2230-6025 92024 R L.5. 7959 FAX (760) 230-6026 SEAN GLERT, LS. 7959 T/ DATE OF CAL CLS#1228 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Californ a ) County of On �t'Fs-'n before me, QYIAP 10, A • JiVI'ldtl Date �erle,Insert Name and Title of th Officer personally appeared F��A V11OGY� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th�s) erson(s) whose name(s is are scribed to the within instrument and ackno ged to me that he/they executed the s e in his her/their authorized capacity(ies), and that b his/ er/their signaturon the instrument the person(s), the entity upon behalf of which the perscn(s) a ed, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '-- I- gIMON WITNESS my hand and official seal. 1: Signature ��oL a. � S' nature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — - Limited General Partner — - Limited General Individual -Attorney in Fact Individual ❑Attorney in Fact Trustee - Guardian or Conservator -Trustee - Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907