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2018-27401 DOC# 2018-0027401 IIIIIIIIIIIIIIIIIIIIIIIIIiillllllllllllllllllllllllllllllllllllllllill Jan 23, 2018 04:18 PM OFFICIAL RECORDS Recording Requested by: ) Ernes SAN DIEGO O COOUNTY UNTY RECORDER RDER City Engineer ) FEES: $0.00 (S132 Atkins: $0.00) PCOR: N/A When Recorded, Mall to: ) PAGES 8 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 EMERGENCY ACCESS EASEMENT 1 � APN: 254-112-61 Case No: 15-130 CDP/TPM CT Dream Realty LLC a Connecticut Limited Liability Company, 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: GRA T R: 0cl , b 200 JD s jian, Authorized gent Date for Dream Realty, LLC. [Signature of Grantee/Owner must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 SGf\ �Yt c) } On \OlaAl before me, n \520 m• WY�I }2 o�. .il'J���� ar•�mx cam•a c�rt�l���` T personally appeared ' S 0 \ LOCI 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. CHELSEA M. WHITE WITNESS my hand and official seal. cotnrni�sior, M. WHITE Moury wxwcu,vo�u atw DECO cotnm heAsPa fi?.� wCa,na eapn.SEt'tEMEA 7.2a¢, 'Nolgfry Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INsrxuCTiorr rI FOR COMPLETING THIS FORM Thic form comp lies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary c�mmeC` law. (Title or description of attachIV document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages b?Document Date 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. C CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/diey—is/ere)or circling the correct forms.Failure to correctly indicate this idual (s) information may lead to rejection of document recording. rate Off cer • ne notary seal impression must be clear a nd photographically reproducible. impression must not cover text or lines. If seal impression smudges,re-seal if a It @ sufficient area permits,otherwise complete a different acknowledgment form. ers Signature of the notary public most match the signature on file with the office of ( ) the county clerk. ney-in-Fact Additional information is not required but could help to ensure this ee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. r Indicate the capacity claimed by[he signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). �.NotaryClasses.cem 800-873-9865 • Securely attach this document to the signed document with a staple. 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. 7 Christopher C. Magdosku Date City Engineer— Development Services Dept. City of Encinitas EXHIBIT "A" Parcel 3 of Parcel Map No. 3605, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 6, 1975. Legal Description prepared by Accurate Land Surveys. Robert J. Russell,PLS 8211 c j RU October 2, 2017 y NO. a2„ 7 ,e �q 'OP cA1�� EXHIBIT "B" (LEGAL DESCRIPTION) That portion of Parcel 3 of Parcel Map No. 3605, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 6, 1975, described as follows: COMMENCING at the Southwest Corner of said Parcel 3; Thence, along the southerly line of said Parcel 3,North 74 014'44"East, a distance of 13.18 feet; Thence, at right angles,North 15045'16" West, 12.00 feet; Thence, at right angles, North 74°14'44" East, a distance of 18.00 feet to the POINT OF BEGINNING; Thence, at right angles,North 15045'16" West, 8.00 feet to the beginning of a 28.00 foot radius non- tangent curve, concave northwesterly, a radial line to said point bears South 15 126'49"East; Thence, northeasterly along said curve through a central angle of 77 156'05", an are length of 38.09 feet; Thence, non-tangent from said curve,North 74°14'44" East, a distance of 16.00 feet; Thence, at right angles, South 15"45'16"East, a distance of 60.00 feet; Thence, at right angles, South 74°14'44" West, a distance of 16.00 feet to the beginning of 28.00 foot radius non-tangent curve, concave southwesterly, a radial line to said point bears North 61 052'22" East; Thence, northwesterly along said curve through a central angle of 77 156'05", an arc length of 38.09 feet; Thence, non-tangent from said curve,North 15045'16" West, 8.00 feet to the POINT OF BEGINNING. Contains 1705.27 Sq. Ft. Legal Description prepared by Accurate Land Surveys. ovd� _ Robert J. Russell, PLS 8211 , 13. Res October 2, 2017 y NO. 8211 T tie �9 'OF C)LO. EXHIBIT °C" SCALE: 1" = 50' CURVE DATA Cl A-77"56'05" R=28.00' L=38.09' LINE DATA L1 N15 045'16"W 8.00' PARCEL 3 PM 3605 N15"45'16"W 60tc- L 00' N74'14'44"E N74'14'44"E 16.00' 16.00' R1/ \ R4 N74'14'44"E 18.00' P.O.B. N74"14'44"E 13.18' N15"45'16"W 12.00' P.O.C. PARCEL 2 RADIAL DATA R1 N87'12'15"E (R) R2 N14"51'40"W (R) R3 N15"28'35"W (R) PARCEL 1 I R4 N62"27'31"E (R) (NOT A PART) L4mj� Wo HYGEIA AVENUE �( NO. 8211 — 10/2/17 of CAt lF° ~: ROBERT J. RUSSELL, PLS 8211 DATE ACCURATE LAND SURVEYS (619)445-0110 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 California ) County of 1;6,V\ 1:x!fan n ) a Q On — Z ' �) o before me, IT1" ne. 00 A - StM (� On , MAC V 1 l) bIl� Date i Here Insert Name and itl of the Officer personally appeared C h(�\ S o1�er L. AAacgskk) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s�re scribed to the within instrument and acknoyged to me tha he/ he/they executed the same in hi er/their authorized capacity(ies), and that bo his/ier/their signature s on the instrument the person(s), or the entity upon behalf of which the person(s) d, 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. ANGELA A 81 N WITNESS my hand and official seal. COMM4 21182396 sm Dew MY Cary.EXP.MM.T.20V"I Signature Sigilature 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: FE Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited E General ❑ Individual ❑Attorney in Fact C 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