1 PREPARED AND REQUESTED RECORDING:
William Cumming
Cumming & Associates, APLC
3080 Bristol Street, Suite 630
Costa Mesa, CA 92626
WHEN RECORDED MAIL TO:
David Dyrnaes
668 N. Coast Highway, No. 504
Laguna Beach, CA 92651
SPACE ABOVE AVAILABLE FOR RECORDER’S USE ONLY
APN (Grantor): 644-321-36 (Parcel 2 Only - Parcel Map No. 2024-117) Address: 1560 Bluebird Canyon Drive, Laguna Beach, CA 92651 APN (Grantee): 644-321-30 (Parcel 1 - Parcel Map No. 2004000543149) Address: Bluebird Canyon Drive, Laguna Beach, CA 92651
Document Transfer Tax: $0.00 (Easement conveyed without consideration for public safety purposes.
________________________________________________________________________
FIRE SAFETY ACCESS PATH EASEMENT AGREEMENT
This Fire Safety Access Path Easement Agreement (“Easement”) is made and entered into as of July 1, 2026, by and between:
Grantor / Property Owner: The David Neil Dyrnaes and Mayumi Nagakura Living Trust dated August 11, 2010, whose address is 668 N Coast Hwy No. 504, Laguna Beach, California 92651 (“Grantor”); and
Grantee 1 / Property Owner: John Romita and Kathy Romita as member/managers of Romita World, LLC, 15511 W Hwy 71 Ste 110, Bee Cave, Texas 78669, Parcel 1 – Parcel Map No. 2004000543149 (“Grantee 1”).
Grantee 2 / City of Laguna Beach: City of Laguna Beach owns the public right-of-way, known as Bluebird Canyon Drive (“Grantee 2”)
(Grantor and Grantee 1 are sometimes referred to collectively herein as the “Property Owners.”)
RECITALS
A. Grantor is the owner of that certain real property located in the City of Laguna Beach, County of Orange, State of California, commonly known as 1560 Bluebird Attachment 4
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Canyon Drive, Laguna Beach, California 92651, and more particularly described in Exhibit C attached hereto and incorporated herein by this reference (the “Property”).
B. Grantee 1 is the owner of that certain real property located in the City of Laguna Beach, County of Orange, State of California, and more particularly described as LLC 04-01, Parcel 1, and associated with Parcel 1 Inst. No. 2004000543149 (the “Adjacent Property”). The Adjacent Property currently has no address.
C. Grantee 2 is the owner of certain real property located in the City of Laguna Beach, County of Orange, State of California, consisting of a public right-of-way, known as Bluebird Canyon Drive (the “Public Right of Way”).
D. On January 6, 2026, the City Council of the City of Laguna Beach conditionally approved Coastal Development Permit 24-2510 and Design Review 24-2509 for the construction of a single-family dwelling with an attached two-car garage, accessory dwelling unit, and other improvements at 1560 Bluebird Canyon Drive in the R-1 (Residential Low Density) zone (the “Project”). As part of the Project, Grantor is required to provide access to and around structures in accordance with the Laguna Beach Fire Department Standards and applicable provisions of the California Fire Code and California Building Code, including a minimum of a 3-foot-wide, all-weather, non-combustible firefighter access path around the structure with access to all emergency escape and rescue openings (the “Fire Safety Access Path”).
E. The Fire Safety Access Path is fully described in Exhibit A, which is attached hereto and incorporated herein by reference, and depicted in Exhibit B, which is attached hereto and incorporated herein by reference (the “Easement Area”).
F. The Grantor further desires to memorialize, grant, and record the rights and obligations set forth herein in the Easement Area as a covenant and easement running with the land, for the benefit and protection of the public, Grantee 1, and Grantee 2 for emergency purposes only.
G. The Parties now desire to formalize, record, and memorialize the terms of the easement in this instrument as a covenant running with the land.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual covenants set forth herein, the Parties agree as follows:
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TERMS
1. Grant of Easement Area
1.1 Grant. Grantor hereby grants to Grantee 1 and Grantee 2 a non-exclusive, perpetual easement and right of access for firefighting, rescue, emergency response, and fire prevention purposes over and across the Easement Area.
1.2 Purpose and Connectivity. The Easement Area is granted to Grantee 2 to allow fire and emergency personnel to access critical operational points, emergency openings, and all portions of all structures at all times. The location of the Easement Area shall not be relocated, altered, or reduced without formal amendment in accordance with the terms of this Easement.
1.3 Maintenance Costs. Grantor hereby agrees to maintain the Easement Area in good working order and free of debris at all times. Grantor hereby agrees to maintain the Easement Area in accordance with the terms of this Easement, including the minimum standards and set forth herein. The Grantor is responsible for all costs and expenses of maintenance, repair, and replacement of the Easement Area. This obligation runs with the land and is binding upon the Grantor’s successors, heirs, and assigns.
1.4 Minimum Standards. The Easement Area shall at all times conform to the following minimum requirements:
(a) Surface Standard. The Easement Area shall be an all-weather, non-combustible surface capable of supporting firefighter foot access under all weather conditions.
(b) Continuity. The Easement Area shall remain continuous and unobstructed at all times, except for temporary obstruction necessary for maintenance, repair, or construction work, as described below, and an authorized fence, wall, or gate, as described below.
(i) Temporary Obstruction. Any temporary obstruction
necessary for maintenance, repair, or construction work shall be limited to the minimum time reasonably necessary, and the affected Property Owner shall provide the other Property Owner and the City of Laguna Beach with at least seventy-two (72) hours’ advance written notice, except in the case of emergency repairs. (ii) Fence, Wall, or Gate. In addition to any necessary entitlements or permits and compliance with law, any future fence, wall, gate, or barrier must remain unlocked and readily accessible without the need for any tools, equipment, special knowledge, clearance, permission, or assistance of any other person. 48 4
2. General Provisions
2.1 Covenant Running with the Land. This Easement, and all obligations, restrictions, covenants, and conditions set forth herein, are intended to and shall constitute a covenant and easement running with the land pursuant to California Civil Code Sections 1468 and 1471, binding upon Grantor and Grantee 1, and their respective heirs, personal representatives, successors, and assigns in perpetuity. Every person or entity who acquires any interest in the Property or the Adjacent Property, by acceptance of delivery of a deed or other conveyance, shall be deemed to have accepted and consented to be bound by the terms and conditions of this Easement.
2.2 Recordation. This Easement shall be recorded in the Official Records of the County of Orange, State of California. Upon recording, this Easement shall constitute constructive notice to all persons of the rights and obligations created herein.
2.3 Non-Exclusive Rights. The rights granted in this Easement are nonexclusive. Each Property Owner retains all rights of use and enjoyment of their respective property to the extent not inconsistent with the rights granted herein.
2.4 No Interference. Neither Grantor nor Grantee 1 shall take any action, construct any improvement, place any object, or permit any condition that obstructs, impedes, reduces, or otherwise interferes with the rights granted herein. Any such obstruction or interference shall be removed or corrected by the responsible Property Owner within forty-eight (48) hours of written notice from the City of Laguna Beach, or the other Property Owner.
2.5 Indemnification. Grantor shall hold harmless, indemnify, and defend the City of Laguna Beach and its officers, officials, employees, agents, and contractors (collectively “Indemnified Parties”) from and against all claims, causes of action, judgments, liabilities, penalties, costs, damages, including, without limitation, reasonable attorneys’ fees, (collectively “Claims”) arising from failure to maintain and keep clear the Easement Area, in accordance with the Minimum Standards of the Easement Agreement set forth in Paragraph 2, including, but not limited to, injury to or death of any person, or physical damage to any property, except for Claims arising exclusively out of the negligence or intentional misconduct of the Indemnified Parties. In the event any such Claims are caused by the concurrent negligence or intentional misconduct of both Grantor and one or more of the Indemnified Parties, Grantor’s obligation to indemnify, defend, and hold harmless shall apply only to that portion of the Claims attributable to the negligence or intentional misconduct of Grantor, and each party shall be responsible for its own proportionate share of fault.
2.6 Enforcement. Each Property Owner shall have the right to enforce the obligations of the other Property Owner hereunder. The City of Laguna Beach shall have the independent right to enforce the terms of this Easement. The prevailing party in any enforcement action shall be entitled to recover reasonable attorney's fees and costs pursuant to California Code of Civil Procedure Section 1021.
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2.7 Amendment. This Easement may be amended only by a written instrument executed by all then-current owners of record of the Properties and executed by the City Manager for the City in a form approved by the City Attorney, and recorded in the Official Records of the County of Orange.
2.8 Severability. If any provision of this Easement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2.9 Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
2.10 Entire Agreement. This Easement, together with all Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, understandings, or agreements relating thereto.
2.11 Authority of Signing Parties. Each person signing this Easement represents and warrants that they are duly authorized to execute and deliver this Easement on behalf of themselves and, if applicable, on behalf of any entity, trust, or other legal person they represent.
ACCEPTANCE BY CITY OF LAGUNA BEACH
The undersigned, on behalf of the City of Laguna Beach, hereby accepts the easement rights granted herein on behalf of the City and its Fire Department.
CITY OF LAGUNA BEACH/GRANTEE 2
Signature: _____________________________
Printed Name: _________________________
Title (if entity): _________________________
Date: _________________________________
GRANTOR:
Signature:
_____________________________
Printed Name:
_________________________
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Title (if entity):
_________________________
Date:
_________________________________
GRANTEE 1:
John Romita and Kathy Romita, Member/Managers Romita World, LLC Signature: _____________________________
Printed Name: _________________________
Title (if entity): _________________________
Date: _________________________________
Signature: _____________________________
Printed Name: _________________________
Title (if entity): _________________________
Date: _________________________________
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 Orange } ss.
On this ___ day of ________________, 20__, before me,
________________________________,
a Notary Public, personally appeared
________________________________________________,
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 signatures(s) on the 51 7
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.
____________________________
Notary's Signature
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 Orange } ss.
On this ___ day of ________________, 20__, before me,
________________________________,
a Notary Public, personally appeared
________________________________________________,
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 signatures(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.
____________________________
Notary's Signature
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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 Orange } ss.
On this ___ day of ________________, 20__, before me,
________________________________,
a Notary Public, personally appeared
________________________________________________,
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 signatures(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.
____________________________
Notary's Signature
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 Orange } ss.
On this ___ day of ________________, 20__, before me,
________________________________,
a Notary Public, personally appeared
________________________________________________,
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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 signatures(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.
____________________________
Notary's Signature
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EXHIBIT A
LEGAL DESCRIPTION
55 PREPARED BY ME OR UNDER MY DIRECTION ON : ________________ S T A T E O F C A L I F O R N I A PROFES I ONA L LA ND SURVEYO WM. ALAN RBROOKS No. 6921 ALSO AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. INGRESS/EGRESS AND FIRE ACCESS EASEMENT #3 LYING WITHIN PORTION OF PARCEL 2, IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 2024-117, P.M.B. 418/4-5. THAT PORTION OF PARCEL 2 IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON PARCEL MAP NO. 2024-117 FILED IN PARCEL MAP BOOK 418, PAGES 4 THROUGH 5, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEASTERLY FOUR (4) FEET OF SAID PARCEL 2. CONTAINING 476 S.F., MORE OR LESS. 56 11
EXHIBIT B
LEGAL DEPICTION
57 PARCEL 1
LLA 04-01 PARCEL 1PARCEL 3 LLA 04-01 PREPARED BY ME OR UNDER MY DIRECTION ON : ________________ INGRESS/EGRESS AND FIRE ACCESS EASEMENT #3 LYING WITHIN PORTION OF PARCEL 2, IN THE CITY OF LAGUNA BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 2024-117, P.M.B. 418/4-5. S T A T E O F C A L I F O R N I A PROFES I ONA L LA ND SURV EYO WM. ALAN RBROOKS No. 6921 58 12
EXHIBIT C
Legal Description of Grantor’s Property
PARCEL 2 OF PARCEL MAP NO. 2024-117, IN THE CITY OF LAGUNA BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP ON FILE IN BOOK 418 OF PARCEL MAPS, PAGES 4-5 INCLUSIVE, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Commonly Referred to as 1560 Bluebird Canyon Drive, Laguna Beach, California 92651 APN: 644-321-36
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