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