2023-43413Recording Requested by:
City Engineer
When Recorded, Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
DOC# 2023-0043413
II I I I II I III I II I II li I IIIII II I II Illil II
Feb 21, 2023 12:47 PM
OFFICIAL RECORDS
JORDAN 7 MARKS,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SF32 Atkins: $0.00)
PAGES: 6
Space above for recorders use only
FOR THE BENEFIT OF THE CITY
DOCUMENT TRANSFER TAX: $0.00
EMERGENCY ACCESS EASEMENT
AP N: 254-590-20
Address: 713 Normandy Road
Case No: CDP-004726-2021
Permit No.: LDEV-020994-2022
Robert Weir and Christina Weir, husband and wife as Community Property,
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" 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:
Robert Weir and Christina Weir, husband and wife as Community Property
J/
,Husband
Christina Weir, Me
I /,S)
Date
1/ -2, C) / -2- 3
Date
[Signature of Grantor/Owner must be notarized.
Attach the appropriate acknowledgement.]
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 San Diego )
On January 30,2023 before me, Anarizza Caliguiran Fabian,Notary Public
(insert name and title of the officer)
personally appeared Robert Weir and Christina Weir
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.
WITNESS my hand and official seal.
Signature
(Seal)
Anarizza Caliguiran Fab
Cian
omm. #2402141 z
$ Notary Public - California o
z San Diego County
M Comm. Expires Apr. 26, 2026+
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.
2 �Z 17-
tJ II T. .Bankston Date
ity Engineer
City of Encinitas
[Notarization of CITY OF ENCINITAS signature not required]
EXHIBIT "A" TO COVENANT
LEGAL DESCRIPTION OF REAL PROPERTY
PARCEL 1 OF PARCEL MAP NO. 1465, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,
1973.
RESERVING THEREFROM AN EASEMENT FOR ROAD PURPOSES,
OVER, UNDER, ALONG AND ACROSS PARCEL 1 OF PARCEL MAP
NO. 1465, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AS DELINEATED AND
DESIGNATED ON SAID MAP AS " PROPOSED PRIVATE ROAD
EASEMENT".
APN: 254-590-20-00
■
713 NORMANDY ROAD - ENCINITAS, CA
04620"W 142.00' 117.007 APN: 254-270-07
5 ;u
0
=v
m n)
Ko
;�
O
z0
0�
'0
0 m
m0
cl)
��
z
LEGEND
col0
rn —
LO
04
u�l
zI
r v�
m No. 71651
Exp. 12/31 /23
25' TO CL
PER MAP 1465
PROJECT SITE
713 NORMANDY ROAD N
APN: 254-590-20 N
P
27' EASEMENT FOR PUBLIC
STREET RIGHT-OF-WAY
PER LDEV 020994-2022
PROPERTY LINE
FUTURE PROPERTY LINE
CENTER LINE
EASEMENT LINE
RECORD DATA PER PM NO. 1465
EMERGENCYACCESS EASEMENT
EXISTING RIGHT OF WAY
(N00°46'20"W 142.00'} 117.00'APN: 254-590-19
I
I
I
I
(ROAD CL & PL
(PER MAP 1465
I
I
; � �
0
SCALE: ,
*01 T
�,� A��titlATE
PLSA 3626