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2021-715571DOC# 2021-0715571 Recording Requested by: City Engineer IIIII IIII IIIII IIII IIII IIIIII IIIII IIIII IIIII IIII IIIII IIIII III IIII Oct 14, 2021 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:7 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 EMERGENCY ACCESS EASEMENT APN: 260-212-26 & 41 Case No: SUB-002833-2019 Address: Vacant Santa Fe Drive Permit No.: LDEV-012172-2020 Bessemer Trust Company of California, N.A., Trustee of the Seaview Trust u/t/a dated June 12, 2014, 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: CC]:7s\��ri7:i Bessemer T u Company of California, N.A., The Sea,ie rust u/d/t June 12, 2014 By Terrance Chun Its Principal Trustee Dat� [Signature of Grantee/Owner must be notarized. Attach the appropriate acknowledgement.] see_ &KnOwle_IwVA- C-ev-4�(r'ra.(" CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Santa Clara On �I�%�U d �� before me, Deisy Zamora Chavez, DLtpersonally appeared K Notary Public, who proved to me on the basis of satisfactory evidence to be the persore),whose namo<is/ap' subscribed to the within instrument and acknowledged to me that he/shy executed the same In his/4et�ftir authorized capacity, and that by his/hel it signature on the instrument the person(91" 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. WITNESS my hand and official seal. DEISY ZAMORA CHAVEZ No COMM. # 2286855 rn NOTARY PUBLIC-CALIFORNIA N SANTA CLARA COUNTY MY COMM. EXP. APR. 28, 2023'' Notary Seal Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons rel}gig 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: 10/01 /2020 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. Jil T. Bankston Date Acting City Engineer Development Services Dept. City of Encinitas CALIFORNIA 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 1 County of San Dj neo J} On cl21 .C.IJ ( before me,-"nAj Date ` Here Insert Name and Title of the Offic r personally appeared i �� Ta n k5,►� Nome(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. BRANDI L. LEWIS Not Public California ••,. - San Diego County .; Commission N 2242688 My Comm. Expires May 14, 2022 Place Notary Seal and/or Stamp Above 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. Signature Signature of Notary PQWI -i.tiar�IW,M Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ��11 Title or Type of Document: 9j77& Aeaeu mare Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator X Other: Signer is Representing: aj�,CF Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .:25:'4.. .tom 'PINFINP NO.y;•: 'yri IN ti...i... ^aF' Y'>�>. •,'tr¢.° #*ES .. d,:: >r (D2019 National• Association EXHIBIT "A" DESCRIPTION PORTION OF LOT D CARDIFF PROPERTIES UNIT NO. 8 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1977 BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT D; THENCE ALONG THE EASTERLY LINE OF SAID LOT EXTENDED SOUTHERLY SOUTH 00011'03" WEST 93.19 FEET TO THE BEGINNING OF A NON -TANGENT 723.00 FOOT RADIUS CURVE CONCAVE EASTERLY (A RADIAL TO WHICH POINT BEARS NORTH 80"07'55" EAST); THENCE SOUTHERLY 172.40 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'39'44" TO THE BEGINNING OF A COMPOUND TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY 41.68 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85017'01"; THENCE NORTH 71'11,10" EAST 40.18 FEET TO THE EASTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT 658.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (A RADIAL TO WHICH POINT BEARS NORTH 63045'03" EAST); THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE 16.16 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °24'27", (A RADIAL TO WHICH POINT BEARS SOUTH 62'20'37" WEST); THENCE DEPARTING SAID CURVE SOUTH 71°11,10" WEST A DISTANCE OF 32.72 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY 49.22 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100°42'32", (A RADIAL TO WHICH POINT BEARS SOUTH 60°28'38" WEST) TO THE BEGINNING OF A COMPOUND TANGENT 723.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY 10.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00049'36", (A RADIAL TO WHICH POINT BEARS SOUTH 59-39-02" WEST); THENCE DEPARTING SAID CURVE SOUTH 59039'02" WEST 19.00 FEET TO THE WESTERLY LINE OF SAID LOT AND THE BEGINNING OF A NON -TANGENT 742.00 FOOT RADIUS CURVE CONCAVE EASTERLY (A RADIAL TO WHICH POINT BEARS NORTH 60°28'33" EAST); THENCE NORTHERLY ALONG SAID WESTERLY LINE 344.05 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°34'00" TO THE BEGINNING OF A REVERSE TANGENT WITH A RADIUS OF 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTHWESTERLY 29.91 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85-40'53", (A RADIAL TO WHICH POINT BEARS NORTH 00-32'24" EAST) TO A POINT OF CUSP AND THE NORTHERLY LINE OF SAID LOT; THENCE DEPARTING SAID CURVE SOUTH 89°27'52" EAST A DISTANCE OF 48.15 FEET TO THE POINT OF BEGINNING. CONTAINING 8875 SQUARE FEET (0.204 ACRES). EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. GARY ��*t, D. MELLOM c GARY D. MELLOM, PLS 8537 LS 8537 � \\T9r cJ� DATE: PASCO LARET SUITER EMERGENCY ACCESS ASSOMG'TES EASEMENT San Diego I Solana Beach I Orange County PLSA 2878 SHEET 1 OF 2 Phone 858.259.8212 I www.plsaengineering.com N 00'32'24" E (R) POB L1 .�- EXHIBIT "B" PLAT SANTA FE DRIVE M o, N 86'13'01" E (R) -- N r N 7W29'48" E (R) LOT 12 L3 I MAP 15926 LOT 642 r N 80'07'55" E (R) MAP 7820 « cr o -) (L=334.05' R=658.00' D=29'05'17") --� N LOT 11 C3 L6 C� `j62� MAP 15926 EMERGENCY ACCESS ESMT C� o� 8875 SF (0.204 AC) (91 �3 019, S 50°24'29" E (R) r� LOT D p MAP 7820 A 1 CARDIFF PROPERTIES UNIT NO 7 MAP NO 78080 I11104"molu LOT 10 MAP 15926 N t� o LOT 5 MAP 15926 LINE TABLE L1 - (S 89'27'52" E 48.15') L2 - IS 00'11'03" W 88.60') L3 - (S 89'26'44" E 65.32') L4 - S 00'11*03" W 93.19' L5 - N 71'11'10" E 40.18' L6 - N 71'11'10" E 32,72' L7 - N 59'39'02" E 19.00' (R) CURVE TABLE C1 - (L=29.91' R=20.00' D=85'40'53") C2 - L=172A0' R=723.00' D=13'39'44" C3 - L=41,68' R=28.00' D=85'17'01" C4 - L=49.22' R=28.00' D=100'42'32" C5 - L=344.05' R=742.00' D=26'34'00" C6 - L=16.16' R=658.00' D=1'24'27" C7 - (L=334.05' R=658.00' D=29'05'17") C8 - L=10,43' R=723.00' D=0'49'36" PROPERTY LINE — ADJOINING PROPERTY LINE RIGHT-OF-WAY LINE EASEMENT LINE CENTER LINE EMERGENCY ACCESS EASEMENT () RECORD DATA PER MAP NO. 7820 PASCO LARET SUITER SCALE` 1" = 100' N EMERGENCY ACCESS ASSOCIATES S _.. W E EASEMENT San Diego I Solana Beach I Orange County PLSA 2878 SHEET 2 OF 2 Phone 858.259.82121 www.ptsaengineering.com