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2018-109791 a DOC# 201 5-0109791 - - 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I _ Recording Requested by: ) MarOFOFICIA�L RECORDS PM City Engineer ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SI32 Atkins: $0.00) When Recorded, Mail to: ) PCOR: N/A City Clerk, City of Encinitas ) PAGES: 13 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City Space above for recorders use only EMERGENCYACCESS EASEMENT Assessor's Parcel No.'s: 256-440-70 and 71 Project No.: ( Plan No.: 13474-G JAIANAND SINGH SETHEE and SONIA KAUR SETHEE, husband and wife as community property with rights of survivorship, collectively, 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; JOHN DARLINGTON and CYNTHIA DARLINGTON, trustees of the DARLINGTON TRUST dated July 7, 2004,hereinafter designated Grantor(s), are the owner(s)of the hereinafter described real property: See Exhibit"B" which is attached hereto and made a part hereof; 1 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 4pon, 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-0f--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"C"for the Legal Description,and Exhibit°Dn for the Plat,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: JaKatlod Singh Sethee Date Sonia Kaur Sethee Date John arlingto , stee Date -?l I� l � C �iaarlington, Trustee Date [Signature of Grantee/Owner must be notarized. Attach the appropriate acknowledgement.] 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. 2&LO Christoph L Magd0 w Date City Engineer, City of Encinitas EXHIBIT "A" Lot 71 of the City of Encinitas Tentative Map No. 09-089 and Modified Tentative Map No. 11-115, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 15910, filed in the office of the County Recorder of San Diego County, California, April 4, 2013. EXHIBIT "B" Lot 70 of the City of Encinitas Tentative Map No. 09-089 and Modified Tentative Map No. 11-115, in the City of Encinitas, County of san Diego, State of California, according to Map thereof No. 15910, filed in the office of the County Recorder of San Diego County, California, April 4, 2013. EXHIBIT "C" That portion of Lots 70 and 71 of City of Encinitas Tentative Map No. 09-089 and Modified Tentative Map No. 11-115, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 15910, filed in the Office of the County Recorder of San Diego County, California, April 4, 2013, described as follows: Commencing at the Southwest Corner of said Lot 71; Thence, along the southerly extension of the westerly line of said Lot 71, South 00 055'00" West, a distance of 2.00 feet to the POINT OF BEGINNING; Thence, South 89 105'00" East, a distance of 8.85 feet, to the beginning of a tangent 28.00 foot radius curve, concave northwesterly; Thence, northeasterly along said curve, through a central angle of 65 039'08" an arc length of 32.08 feet; Thence, tangent from said curve, North 25 015'52" East, a distance of 2.17 feet; to the beginning of a tangent 44.00 foot radius curve, concave southeasterly; Thence, northeasterly along said curve through a central angle of 31 001'08" an arc length of 23.82 feet; Thence, tangent from said curve, North 56 017'00" East, a distance of 83.82 feet; Thence, South 33043'00" East, a distance of 16.00 feet; Thence, South 56 017'00" West, a distance of 7.00 feet to the beginning of a tangent 28.00 foot radial curve, concave easterly; Thence, southerly along said curve, through a central angle of 90000'00" an arc length of 43.98 feet; Thence, tangent from said curve, South 33 043'00" East, a distance of 5.56 feet; Thence, South 56017'00" West, a distance of 16.00 feet; Thence, North 33 043'00" West, a distance of 5.56 feet to the beginning of a tangent 28.00 foot radius curve, concave southwesterly; Thence, westerly along said curve through a central angel of 90100"00" an arc length of 43.98 feet; Thence, tangent from said curve, South 56017'00" West, a distance of 4.83'feet to the beginning of a tangent 28.00 foot radius curve, concave southeasterly; Thence, southwesterly along said curve through a central angel of 31001'08" an arc length of 15.16 feet; Thence, tangent from said curve, South 25115"52" West, a distance of 2.17 feet to the beginning of a 44.00 foot radius curve, concave northwesterly; Thence, easterly along said curve through a central angle of 65 039'08" an arc length of 50.42 feet; Thence, tangent from said curve, South 89005'00" West, a distance of 8.85 feet; Thence, North 00 055'00" East, a distance of 16.00 feet to the POINT OF BEGINNING. Contains 3362.78 Sq. Ft. 0.077 Acres Legal Description prepared by Accurate Land Surveys. Robert J. Russell, PLS 8211 J. December 10, 2018 N0. 8211 s� �tiQ 9 ,OF CALZ�� EXHIBIT "D" � o 101 44 LOT 7i n r �... w a U In LOT 48 LOT 70 CURVE DATA _ SCALE: 1" = 20' Cl b-65*39'030 =2 C2 �'01'08' R= --28.00' L15.16' LINE DATA L1 S89005'00'E 8.85' L2 N25'15'52"E 2.17' L3 S33'43'00'E 16.00' .� L4 S56017'DO'W 7.00' •� L5 S33'43'00'E 5.56' •�1 L6 N33043'00'W 5.56' � L7 S56'17'00"W 4.83' 1g� 0000, �. L8 S25'15'52'W 2.17' 4.• o� L9 N89005'00 0W 8.85' L10 N00055'00'E 16.00' j g .o'`cPti S ,',`��J"ry'y• 000 ooft sag, L2 '�► v 00000 \0, g 00000 100 0 /ve'Q� 75 L8 L1 tides' . m Lo r 70 � 9 o � 0 Ddb N0. 8211 0:-a-2 01/10/18 of cnLl�° ROBERT J. MGM I RS 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 ofG-Y� On before me, h , Date Here Insert Name and Title of t e Officer personally appeared d.'1 S 1 Name() of Signer(s) who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s I Yare scribed to the within instrument and ackno ed to me tha he/ he/they executed the same in his her/their authorized capacity(ies), and that b his/ br/their signatur 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 � ANGELA A "FqN Contra.#2182396 ,A WITNESS my hand and official seal. 8 NOTARY PUBLIC-CALIFORNIA =' SAN DIEGO COUNTY MY Comm.Exp.MAR.2,2021 /f Signature (- gnature 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 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 s Mh fJ / On M6 It) �_before me, l h V l" 4 & , Date /1 / Here Insert Name and Title o e Officer Lt personally appeared (56{- At, att r &4A if -e- Name(s) of Signer(s) 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 SAMANTHA MORROW is true and correct. Commission No.2067618 n V NOTARY PUBLIC-CALIFORNIA 5; WITNESS my hand and official seal. { SAN DIEGO COUNTY } Commission Expins May 9,2018 Signature �/' .�i�� /(n►-n� 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: 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 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 Calif or is ) County of t Vk On I Z before me, f�n 6,42,(0. r - 1 M& J"d6 r- P0 lC� Date J Here Insert Name and Tit a of the Offic r personally appeared in --lDo"C \Y1 G-kn In Narr (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(soare scribed to the within instrument and ackno dged to me tha a he/they executed the same in his/ er/their authorized capacity(ies),and that b is her/their signat on the instrument the person(s), the entity upon behalf of which the person(s) 8eed, 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 my hand and official seal. ---------------- o"`�� ANGELA A. SIMON /f- .. Z, Co�aM.lk 2182396 ++en Si nature (/t 8 NOT ARY PUBLIC-CAUFORNIA VJ g SAN DIEGO COUNTY Sig ature of Notary Public �vmoo' WY CGNM.EXP.W.2.2021'' 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: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 y\ bi CAC) ) c I W(C IJ On — I S_— ?_k 9 before me, � m k, ;\ o r� u Date JHe re Insert Name and Tit/ of the Offi er personally appeared Name ) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p on(s) whose name(s) is re ibed to the within instrument and acknowle Vher to me that he she/hey executed the sa a in er heir authorized capacity(ies),and that by his heir sig natures)on the instrument the person(s), or t enti u on behalf of which the erson s actecuted the instrument. tY p P O I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph oI ANGELA A. SIMON is true and correct. •� COMM.#2182398 WITNESS my hand and official seal. NOTARY pMUC-CWFORNIA SAN DIEGO COU?M Yr Comm.ExP.Mm.2,2021-' Signature ignature 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: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 SaN, -D 1 LG ) I ,/� I I On �— 1 � ZdI T before me, 210. 1`t . Si,mdn ��T�r el Date Here Insert Name nd Title of the Officer personally appeared On 1 S 12k-e— .kka. ©S U Name(s) of Sign-64(s) who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) is are Prthecribed to the within instrument and ackno ged to me that e/ he/they executed the same in er/their authorized capacity(ies),and that b hi her/their signatures on the instrument the person(s), 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. 9"nom--, ANGEL A A. SIMON WITNESS m hand and official seal. COMM.#2182396 +n y NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY /J Idr Comm.EXP.MAR.2.2021`' (/tea Signature ignature 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: 02016 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907