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2009-278522DO~@ 2009-0278522 1111111 IN 111111111111111111111111111111111111111111111111111111 IN r' (t {4 c Recording Requested By and When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 MAY 26, 2009 4:33 PM OFFICIAL RECORDS SAN DI E30 COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COLINTYRE CORDER FEES: 0.00 OC:: NA PAGES: 14 SPACE ABOVE FOR RECORDER'S USE L0 i rp GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel 00M.WNTARY TRANSFER TAX $ 1 Case No. 03-142MUP/CDP No. 216-100-36-00 v/1 Building Permit No. 07-1517 John W. Low and Diane G. Low ("GRANTORS" hereinafter), do hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State of California ("CITY" hereinafter), with terms, covenants and conditions as follows: An easement over, upon, across, and under the lands hereinafter shown on Exhibit "B" (Steep Slope Exhibit) attached hereto and as described on Exhibit "A" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTORS convey a perpetual easement for open space over, upon, across and under the subject land consisting of all steep slopes not disturbed or restored by the grading as shown on the approved project drawings for Case No. 03-142 MUP/CDP. No building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as is permitted by Case No. 03- 142 MUP/CDP, as said permit was issued by Resolution No. PC 2007-06 of the Planning Commission on March 15, 2007 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Planting and maintenance of new vegetation may be performed in and on the subject land provided that all new plantings are consistent with the landscape plan as approved by Case No. 03-142 MUP/CDP. (2) GRANTORS convey the perpetual right, but not the obligation to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material placed on the subject land contrary to any term, covenant or condition of this easement. PBD/TGM/g:\Covenant\03 -142MUPCDPopenspacerevised -1- (3) GRANTORS covenant and agree for themselves and their successors and assigns as follows: (A) That it shall not erect, construct, place or maintain, or permit the erection, construction, placement, or maintenance of any building or structure or other thing whatsoever on the subject land, nor shall grading be performed, other than such buildings, structures, grading, or other things as are permitted by Case No. 03-142 MUP/CDP, as said permit was issued by Resolution No. PC 2007-06 of the Planning Commission on March 15, 2007 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Case No. 03-142 MUP/CDP for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes. (C) That it shall not excavate or grade or permit any excavating or grading to be done or, place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of CITY or its successors or assigns; provided, however, that grantor may excavate, grade or place sand, soil, rock or gravel or other material on the subject land as is permitted by Case No. 03-142 MUP/CDP, as said permit was issued by Resolution No. PC 2007-06 of the Planning Commission on March 15, 2007 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. (4) If this permit (Case No. 03-142 MUP/CDP, Building Permit No. 07-1517) is not issued or the building permit has expired, or if at anytime the facility is abandoned or terminated by the applicant or provider, the OWNER may petition the CITY for release of this open space easement covenant pursuant to the procedural requirements as outlined within State Law and Local regulations. However, the petition to release the open space easement covenant, does not in any way obligate or commit future Council members in approving the release of this covenant. PBD/TGM/g:\Covenant\03-142MUPCDPopenspacerevised 2 It is agreed that the grant of this easement and its acceptance by CITY shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the use to which the subject land may be put. This easement shall bind the owner and its successors and assigns. GRANTORS: Dated L ~Cj Q Dated (I (Notarization of GRANTORS' signature is attached.) CITY OF ENCINITAS: I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred by Resolution No. PC 2007-06 of said Commission adopted on March 15, 2007, that the City of Encinitas consents and accepts to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement, and consents to recordation thereof by its duly authorized officer. Dated ~C7 3 by v-t Patrick Murphy (Notarization not required) Director, Planning and Building Department PBD/TGM/g:\Covenant\03-142MUPCDPopenspacerevised 3 fi~f,>!,-EsEJEtt~O~l: /`,~CIf1~~~z1€,I:L~~;P;=1: i1 ~ State Of California 5. Count}' of Sall Diego T11 ~JIbefore me, Ash Nickfe, Notary Public On • AN _r TEI (tiOUF personally appeared Lot, s, yV «!ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/are subscribed to the within instrument and acknowledged to me that lirtffe/they executed the same in ; /their authorized capacity(ies), and that by er/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-. ASH NICKLE ~ COMM. # 1825213 jjnn NOTARY PUBLIC•CALIfORN1A Vl SAN DIEOS COUNTY MY COMM. EXP. DEC. 28, 2012 Effective January 1, 2006, the California certificate of ad=wf°d9ment must be in tie form set forth in Civil Code section 1189, raltler than "substantially" in the form set forth therein. The form set forth in Civil Code section 1189 did not change, but variations in the California foci are no lodger permitted- (The taw regarding aclmwledgments to be used with documents to be filed in other states has not changed (civil Code § 11 89(c))- WITNESS my hand and official seal. NOTARY'S 51CNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER. (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTOP,NEY-IN-FACT TP.USTEE(S) GUAPDIAN/CONSEP.VATOR OTHER: SIGNER IS r:EPRESI-NTING: ri5 r-Ir OF FEKSONr.S)UP. F-NTITYIICS1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OP. TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER PIGHT THUMV I)RINT OF c iI a EXHIBIT "A" SLOPE EASEMENTS ( LEGAL DESCRIPTION: PAGE 1 OF 3 ) THOSE PORTIONS OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF DESCRIBED AS PARCELS A THROUGH E AS FOLLOWS: PARCEL k BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION .34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF S,Ail) SECTION 34, NORTH 88' 6'13" EAST, A DISTANCE OF 23.87 FEET; THENCE, NORTH 20'00'23" EAST, A DISTANCE OF 6.24 FEET; THENCE, NORTH 75'46'52" WEST, A DISTANCE OF 3.99 FEET; THENCE, N 10'13'18" EAST, A DISTANCE OF 14.99 FEET; THENCE, N 90'00'00" WEST, A DISTANCE OF 3.91 FEET; THENCE, SOUTH 7655'03" WEST, A DISTANCE OF 4.00 FEET; THENCE, NORTH 12'03'07" WEST, A DISTANCE OF 9.99 FEET; THENCE, NORTH 64'04'53" WEST, A DISTANCE OF 0.79 FEET; THENCE, NORTH 0909'20" WEST, A DISTANCE OF 17.79 FEET; THENCE, NORTH 03'30'28" WEST, A DISTANCE OF 7.69 FEET; THENCE, NORTH 1943'30" WEST, A DISTANCE OF 7.84 FEET; THENCE, NORTH 02'17'12" EAST, A DISTANCE OF 35.19 FEET; THENCE, NORTH 05'50'59" EAST, A DISTANCE OF 12.24 FEET; THENCE, NORTH 21'12'54" FAST, A DISTANCE OF 8.92 FEET; THENCE, NORTH 36'53'09" EAST, A DISTANCE OF 4.21 FEET; THENCE, NORTH 08'15'58" EAST, A DISTANCE OF 2.33; THENCE, NORTH 41'42'33" EAST, A. DISTANCE OF 12.99 FEET; THENCE, NORTH 62'43'37" EAST, A DISTANCE OF 2.44 FEET; THENCE, NORTH 7T52'34" EAST, A DISTANCE OF 10.37 FEET; THENCE, NORTH 63'24'05" EAST, A DISTANCE OF 5.53 FEET; THENCE, SOUTH 88'16'13" WEST, A DISTANCE OF 50.28 FEET; THENCE, SOUTH 01'23'47" EAST, A DISTANCE OF 140.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,678.16 SQ. FEET MORE OR LESS PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 34, NORTH 88'16'13" EAST, A DISTANCE OF 109.67 FEET TO THE TRUE POINT OF BEGINNING: THENCE. NORTH 1504'48" EAST, A DISTANCE OF 4.42 FEET; NORTH 38'17'39" WEST, A DISTANCE OF 8.38 FEET; THENCE, NORTH 05'31'16" EAST, A DISTANCE OF 2.88 FEET; THENCE, NORTH 8932'05" WEST, A DISTANCE OF 3.89 FEET; THENCE, NORTH 11'38'56" EAST. A DISTANCE OF 8.61 FEET; THENCE. NORTH 15'20'03" EAST. A DISTANCE OF 11.52 FEET: THENCE, NORTH 18'47'23" EAST, A DISTANCE OF 13.21 FEET; THENCE, SOUTH 74'33'31" EAST, A DISTANCE OF 4.62 FEET; THENCE, NORTH 32'36'47" EAST, A DISTANCE OF 6.18 FEET; THENCE. NORTH 15'30'26" EAST, A DISTANCE OF 6.48 FEET: THENCE, NORTH 88'23'31" WEST, A DISTANCE OF 3.98 FEET; THENCE, SOUTH 83'38'09" WEST, A DISTANCE OF 4.24 FEET; THENCE, SOUTH 88'30'50" WEST A DISTANCE OF 3.96 FEET, THENCE, NORTH 03'19'48" EAST, A DISTANCE OF 7.07 FEET; THENCE, NORTH 79'53'17" EAST, A DISTANCE OF 12.08 FEET; THENCE. NORTH 13'46'15" EAST, A DISTANCE OF 10.14 FEET; THENCE NORTH 39'35'37" WEST, A DISTANCE OF 3.49 FEET; THENCE, NORTH 07'58'33" EAST, A DISTANCE OF 8.09 FEET; THENCE. NORTH 20'31'36" EAST, A DISTANCE OF 9.19 FEET; THENCE, NORTH 68'54'57" WEST, A DISTANCE OF 4.26 FEET; THENCE, SOUTH 08'39'10" WEST, A DISTANCE OF 15.89 FEET; THENCE, NORTH 39'35'37" WEST, A DISTANCE OF 9.86 FEET; THENCE, NORTH 09'19'47" WEST, A DISTANCE OF 3.47 FEET; THENCE, NORTH 00'53'27" WEST, A DISTANCE OF 4.70 FEET; THENCE, NORTH 10'38'56" EAST, A DISTANCE OF 6.47 FEET; THENCE. NORTH 31'10'04" EAST, A DISTANCE OF 7.52 FEET; THENCE, NORTH 29'25'34" WEST, A DISTANCE OF 4.57 FEET; THENCE. NORTH 6T04'37" WEST, A DISTANCE OF 7.80 FEET; THENCE, NORTH 34'17'51" WEST, A DISTANCE OF 4.84 FEET; THENCE, SOUTH 63739'20" WEST, A DISTANCE OF 9.39 FEET; THENCE, SOUTH 0944'05" WEST, A DISTANCE OF 22.60 FEET; THENCE, SOUTH 7T16'18" WEST, A DISTANCE OF 1.70 FEET; THENCE, SOUTH 15'47'58" WEST, A DISTANCE OF 7.95 FEET; THENCE, SOUTH 00'26'35" WEST, A DISTANCE OF 8.60 FEET; THENCE, SOUTH 17'58'44" WEST, A DISTANCE OF 16.04 ELT; THENCE, NORTH 61'18'11" WEST, A DISTANCE OF 4.36 FEET; THENCE, NORTH 18'59'31" EAST, A DISTANCE OF 10.13 FEET; THENCE, NORTH 71'00'29" WEST. A DISTANCE OF 4.78 FEET; THENCE, SOUTH 85'54'10" WEST, A DISTANCE OF 5.13 FEET; THENCE, NORTH 48'51'05" WEST, A DISTANCE OF 4.49 FEET; THENCE, NORTH 12'02'57" EAST, A DISTANCE OF 4.88 FEET: THENCE, NORTH 28'07'59" EAST, A DISTANCE OF 9.03 FEET; THENCE, NORTH 73745'22" WEST, A DISTANCE OF 3.37 FEET; THENCE, SOUTH 27*41'51' WEST, A DISTANCE OF 12.36 FEET; THENCE, SOUTH 19'27'59" WEST, A DISTANCE OF 7.33 FEET; THENCE, SOUTH 0032'56" EAST, A DISTANCE OF 6.75 FEET; THENCE. SOUTH 12'23'07" EAST, A DISTANCE, OF 10.20 FEET; THENCE, SOUTH 33'10'14" EAST, A DISTANCE OF 3.01 FEET; THENCE, SOUTH 03'47'25" WEST, A DISTANCE OF 3.59 FEET; THENCE, SOUTH 4942'28" WEST, A DISTANCE OF 1.71 FEET; THENCE, SOUTH 00'19'30" WEST, A DISTANCE OF 1.17 FEET; THENCE, NORTH DISTANCE OF 8.589FEETOT THENCE, NORTH 7623'37" E 0WEST, A DISTANCE OF 1.48 4EET T THENCE, NORTH R1 Hq spy` 70'30'23" WEST, A DISTANCE OF 3.22 FEET; THENCE, SOUTH 87'31'27" WEST, A DISTANCE OF 4.64 p~ 0 IF C FEET; THENCE. SOUTH 59'13'18" WEST, A DISTANCE OF 3.04 FEET; THENCE, SOUTH 47'09'39" WEST, A y °o DISTANCE OF 2.78 FEET; THENCE, SOUTH 87*44'23' WEST, A DISTANCE OF 3.99 FEET; THENCE, SOUTH No. 7211 60'00'00" WEST, A DISTANCE OF 3.34 FEET; THENCE, SOUTH 18'24'46" WEST, A DISTANCE OF 17.78 FEET; THENCE, SOUTH 21'57'53" WEST, A * Exp. 3-31-10 10 0 N (?(dam SIGNED BERT H PLS 7211 DATE z EXHIBIT °A" SLOPE EASEMENTS ( LEGAL DESCRIPTION: PAGE 2 OF 3 ) I DISTANCE OF 16.13 FEET; THENCE, SOUTH 45'30'09" EAST, A DISTANCE OF 4.10 FEET; THENCE, NORTH 88'16'13" EAST, A DISTANCE 73.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: GROSS=5,107.80 SQ. FEET MORE OR LESS NET=4,048.79 SQ. FEET MORE OR LESS EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 34, NORTH 88'16'13" EAST, A DISTANCE OF 99.66 FEET: THENCE, NORTH 00'46'53" WEST, A DISTANCE OF 5.95 TO THE TRUE POINT OF BEGINNING: THENCE, SOUTH 8759'31" WEST, A DISTANCE OF 20.57 FEET; THENCE, NORTH 00'29'50" WEST, A DISTANCE OF 0.32 FEET; THENCE, NORTH 76'13'32" WEST, A DISTANCE OF 11.02 FEET; THENCE, NORTH 90'00'00" WEST A DISTANCE OF 14.38 FEET; THENCE, NORTH 00'00'00" EAST, A DISTANCE OF 2.17 FEET; THENCE, SOUTH 90'00'00" EAST, A DISTANCE OF 0.38 FEET; THENCE, NORTH 0900'00" EAST, A DISTANCE OF 11.30 FEET; THENCE, NORTH 90'00'00" WEST, A DISTANCE OF 0.38 FEET; THENCE, NORTH 00'00'00" EAST, A DISTANCE OF 0.22 FEET; THENCE, NORTH 90'00'00" WEST, A DISTANCE OF 4.28 FEET; THENCE, NORTH 00'00'00" EAST, A DISTANCE OF 10.05 FEET; THENCE, SOUTH 90'00'00" EAST, A DISTANCE OF 4.67 FEET; THENCE, NORTH 0900'00" EAST, A DISTANCE OF 2.12 FEET; THENCE, NORTH 90'00'00" WEST, A DISTANCE OF 0.38 FEET; THENCE, NORTH 00'00'00" EAST, A DISTANCE OF 2.17 FEET; THENCE, SOUTH 90'00'00" EAST, A DISTANCE OF 14.38 FEET; THENCE, SOUTH 00'00'00" WEST, A DISTANCE OF 6.40 FEET; THENCE, NORTH 49'21'13" EAST, A DISTANCE OF 5.59 FEET; THENCE, SOUTH 9900'00" EAST, A DISTANCE OF 1.84 FEET. THENCE, SOUTH 04'11'38" EAST. A DISTANCE OF 3.88 FEET; THENCE, SOUTH 20'50'12" WEST, A DISTANCE OF 4.14 FEET; THENCE, SOUTH 14'38'16" EAST, A DISTANCE OF 5.05 FEET; THENCE, NORTH 81'34'49" EAST, A DISTANCE OF 4.44 FEET; THENCE, NORTH 00'29'50" WEST, A DISTANCE OF 3.19 FEET; THENCE, NORTH 86'45'51" EAST, A DISTANCE OF 20.49 FEET; THENCE, SOUTH 00'46'53" EAST, A DISTANCE OF 19.86 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,059.01 SQ. FEET MORE OR LESS PARCEL C: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET; THENCE, NORTH 88'16'13" EAST, A DISTANCE OF 109.67; THENCE, NORTH 16740'01" EAST, A DISTANCE OF 111.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 22'00'27"EAST, A DISTANCE OF 2.69 FEET; THENCE, NORTH 24'38'52" WEST, A DISTANCE OF 5.18 FEET; THENCE, NORTH 22'56'07" EAST, A DISTANCE OF 14.38 FEET; THENCE, NORTH 86'53'31" EAST, A DISTANCE OF 3.60 FEET; THENCE, SOUTH 22'30'48" WEST, A DISTANCE OF 15.49 FEET; THENCE, SOUTH 4842'53" EAST, A DISTANCE OF 4.22 FEET; THENCE, SOUTH 22'52'32" WEST, A DISTANCE OF 5.32 FEET; THENCE, NORTH 6707'28' WEST, A DISTANCE OF 3.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 77.63 SQ. FEET MORE OR LESS PARCEL D: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 34, NORTH 88'16'13" EAST, A DISTANCE OF 109.67 FEET; THENCE, NORTH 19'08'59" EAST, A DISTANCE OF 35.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE, SOUTH 7725'00" EAST, A DISTANCE OF 4.07 FEET; THENCE, NORTH 19'12'26" EAST, A DISTANCE OF 6.77 FEET; THENCE, SOUTH 74'49'00" EAST, A DISTANCE OF 3.92 FEET; THENCE, NORTH 19'51'06" EAST, A DISTANCE OF 5.90 FEET; THENCE, NORTH 14'46'37" EAST, A DISTANCE OF 1.59 FEET; THENCE, SOUTH 75'13'23" EAST, A DISTANCE OF 4.25 FEET; THENCE, NORTH 05'43'52" WEST, A DISTANCE OF 1.78 FEET; THENCE, NORTH 15'02'43" EAST, A DISTANCE OF 3.97 FEET; THENCE, NORTH 79'29'43" EAST, A DISTANCE OF 3.91 FEET; THENCE, NORTH 14'05'49" EAST, A DISTANCE OF 3.94 FEET; THENCE, NORTH 76'02'35" EAST, A DISTANCE OF 3.98 FEET; THENCE, NORTH 12'18'04" EAST, A DISTANCE OF 6.82 FEET; THENCE, NORTH 28'10'40" EAST, A DISTANCE OF 3.20 FEET; THENCE, NORTH 34'44'12' WEST, A DISTANCE OF 4.44 FEET; THENCE, NORTH 26'22'00" EAST, A DISTANCE OF 10.54 FEET; THENCE, NORTH 3453'13" EAST, A DISTANCE OF 4.10 FEET;" SIGNED BERT HAZE, PLS 7211 DATE z EXHIBIT "A" SLOPE EASEMENTS ( LEGAL DESCRIPTION: PAGE 3 OF 3 ) THENCE, NORTH 62'07'49" WEST, A DISTANCE OF 4.45 FEET; THENCE, NORTH 27'52'11" EAST, A DISTANCE OF 6.22 FEET; THENCE, NORTH 10'15'54" EAST, A DISTANCE OF 6.76 FEET; THENCE, NORTH 62'38'46" WEST, A DISTANCE OF 4.15 FEET; THENCE, SOUTH 19'47'31" WEST, A DISTANCE OF 12.53 FEET; THENCE, SOUTH 23'22'54" WEST, A DISTANCE OF 12.29 FEET; THENCE, NORTH 79'35'21" WEST, A DISTANCE OF 4.16 FEET; THENCE, SOUTH 24'11'53" WEST, A DISTANCE OF 9.24 FEET; THENCE, NORTH 86'20'25" WEST, A DISTANCE OF 3.70 FEET; THENCE, SOUTH 08'48'49" WEST, A DISTANCE OF 9.43 FEET; THENCE, SOUTH 16'18'37" WEST, A DISTANCE OF 13.98 FEET; THENCE, SOUTH 20'30'56" WEST, A DISTANCE OF 11.12 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 677.99 SQ. FEET MORE OR LESS PARCEL E BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 01'23'47" WEST, A DISTANCE OF 115.64 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 34, NORTH 88'16'13" EAST, A DISTANCE OF 109.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 77'05'06" EAST, A DISTANCE OF 7.18 FEET; THENCE, NORTH 54'14'27" EAST, A DISTANCE OF 6.52 FEET; THENCE, NORTH 85'02'36" EAST, A DISTANCE OF 3.85 FEET; THENCE, NORTH 69'07'00" EAST, A DISTANCE OF 2.99 FEET; THENCE, SOUTH 50'00'31" EAST, A DISTANCE OF 7.03 FEET; THENCE, NORTH 73'17'14" EAST, A DISTANCE OF 3.92 FEET; THENCE, SOUTH 44'50'55" EAST, A DISTANCE OF 2.95 FEET; THENCE, NORTH 87'29'44" EAST, A DISTANCE OF 14.49 FEET; THENCE, NORTH 68'00'11" EAST, A DISTANCE OF 9.04 FEET; THENCE, NORTH 14'26'31" WEST, A DISTANCE OF 5.21 FEET; THENCE, SOUTH 65'15'36" EAST, A DISTANCE OF 4.92 FEET; THENCE, NORTH 89'33'27" EAST, A DISTANCE OF 6.87 FEET; THENCE, NORTH 78'47'24" EAST, A DISTANCE OF 8.76 FEET; THENCE, SOUTH 87'08'15" EAST, A DISTANCE OF 18.66 FEET; THENCE, NORTH 84'08'31" EAST, A DISTANCE OF 7.23 FEET; THENCE, NORTH 85'58'15" EAST, A DISTANCE OF 2.00 FEET; THENCE, SOUTH 90'00'00" EAST, A DISTANCE OF 4.25 FEET; THENCE, NORTH 59'11'01" EAST, A DISTANCE OF 17.79 FEET; THENCE, NORTH 46'38'59" EAST, A DISTANCE OF 2.08 FEET; THENCE, SOUTH 67'27'58" EAST, A DISTANCE OF 7.84 FEET; THENCE, SOUTH 89'18'03" EAST, A DISTANCE OF 30.83 FEET; THENCE, NORTH 70'30'12" EAST, A DISTANCE OF 0.92 FEET; THENCE, NORTH 48'18'45" WEST, A DISTANCE OF 2.47 FEET; THENCE, NORTH 03'04'37" WEST, A DISTANCE OF 3.81 FEET; THENCE, NORTH 69'08'08" WEST, A DISTANCE OF 11.24 FEET; THENCE, SOUTH 87'55'57" WEST, A DISTANCE OF 19.41 FEET; THENCE, NORTH 59'27'49" EAST, A DISTANCE OF 10.89 FEET; THENCE, NORTH 89'32'15" EAST, A DISTANCE OF 9.40 FEET; THENCE, SOUTH 67'53'57" EAST, A DISTANCE OF 14.35 FEET; THENCE, SOUTH 34'15'57" EAST, A DISTANCE OF 8.17 FEET; THENCE, SOUTH 68'22'52" EAST, A DISTANCE OF 5.79 FEET; THENCE, SOUTH 54'57'52" EAST, A DISTANCE OF 9.29 FEET; THENCE, NORTH 63'18'38" EAST, A DISTANCE OF 11.91 FEET; THENCE, SOUTH 52'31'55" EAST, A DISTANCE OF 9.33 FEET; THENCE, SOUTH 60'35'34" EAST, A DISTANCE OF 6.91 FEET; THENCE, SOUTH 84'51'05" EAST, A DISTANCE OF 8.27 FEET; THENCE, SOUTH 72'28'29" EAST, A DISTANCE OF 4.39 FEET; THENCE, SOUTH 88'16'13" WEST, A DISTANCE OF 213.73 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,777.70 SQ. FEET MORE OR LESS PARCELS A THROUGH E ALL AS SHOWN IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF SIGNED BERT HAZE, PLS 7211 DATE z EXHIBIT "B" EASEMENT OVERVIEW ( EASEMENT DETAIL: PAGE 1 OF 7 ) I PARCEL C Q U 0 PARCEL D QP T 0 O \ SCALE: 1 60' '9jLO 77 PARCEL E - - O~ Oti I EXCEPTION TO PARCEL B i i i S.W. COR. OF SEC. 34 SIGNED BERT HAZE, PLS 7211 DATE m 0 0 z No. 7211 * Exp. 3-31-10 .BIT ~ EXB1 SLOPE B * SEE PacES s _ EASEMEN r EASEMENT'S ~ FOR LINE TABLE INFO, DETAIL. PAGE 2 of SC41Z. y a 20, ~v oTR eEc PorN / C EL EL q r J~~ ~ I/V I GO~:~tx OF ~ F rn o o SIGNED r BERT HAZE PLS 7211 ~~~~C DATE 11V '/fir SLOPE EASEMENT l 41 CJ 34 sj1 jj EXHIBIT "B" SLOPE EASEMENTS EASEMENT DETAIL: PAGE 3 OF 7 * SEE PAGES 5 - 7 FOR LINE TABLE INFO. TRUE POINT OF BEGINNING L147 PARCEL C Q) Ord, \JV, -114119 r r, 0% 1 o VL142 PARCEL C i ; 77.63 SQ. FT O °o 167 L143 47, cv 1 0, 3g crn O c d CD (0 co 00 cj L43444 ~075 SCALE 1" = 20' SLOPE EASEMENT L105 L26 28 "D" 3 L24 L25 421- n L23 L22 L84 L82 7j- O / j L83 L103 L86 rLp - 20.49' ! a 8 L88 EXCEPTION TO PARCEL B cr) 6.45' NL92 L9 L94 \ -J L95 - NB 16'13"E 99.66' N88°16'13"E 109.57' TRUE POINT OF BEGINNING EXCEPTION TO PARCEL 01'23'47"W 115.64' ' S.W. COR. SIGNED t' OF SEC. 34 BERT HAZE, PLS 7211 0 z i DATE r lS~ L691-70 6 ~ ~ J LO ti co L163 / L164 PARCEL D L167 677.99 SQ. FT. /iL769 L168 TRUE POINT OF BEGINNING 41c)') PARCEL D L77 (f & o~ / X9 7= TRUE POINT OF BEGINNING 0 PARCEL B EXHIBIT "B" SLOPE EASEMENTS ( EASEMENT DETAIL: PAGE 4 OF 7 ) SEE PAGES 5 - 7 FOR LINE TABLE INFO. -I POT I F-1 4 \j V, I TRUE POINT OF BEGINNING FOR PARCEL E I 47 9 ~_127 S87'08'15"E L132 N 8816'13 " E S88'16'1YW 213.73' j I - 109.67' - L134- % L139 ,lo S. W. COR. J OF SEC. 34 1 I~ PARCEL E 1,777.70 SQ. FT. SLOPE EASEMENT I i I I I N59°11'01"E 17.79' I I~ L125 ~I I I I I I N 51 "E 17.79 L115 J-JT11 ~,`J`1 Z~) :J r J J I L123 I 122 S89°18'03"E_7 ~~0 70 0 SCALE: 1" = 20' / PA% C rJ E J/J 9 ~ /J J~' 7 j~C// TJ e i 21 0 ''0 L 1 --7 106 S88'1613'W 213.73' I SIGNED BERT HAZr,~ LS 7211 DATE o, 0 I No. 7211 I Exp. 3-31-10 EXHIBIT "B" SLOPE EASEMENTS ( EASEMENT DETAIL: PAGE 5 OF 7 ) L4 12.99' N41'42'33"E L37 7.33' S1 9'27'59"W Li L27 3.22' N70'30'23"V11 L60 15.89' S08°39'10"W o. 7211 Exp.3 SIGNED BERT HAZE, PLS 7211 DATE OF - c 31 N-10 ~~F 0 z LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L1 5.53' N63'24'05"E L34 8.01' S33'10'14"E L2 10.37' N77'52'34"E L35 10.20' S1 2'23'07"E L3 2.44' N62'43'37"E L36 6.75' S00'32'56"E L5 2.33' N08'1 5'58"E L38 12.36' S27°41'51 "W L6 4.21' N36'53'09"E L39 3.37' N73°45'22"W L7 8.92' N21 °12'54"E L40 9.03' N28°07'59"E Q L8 12.24' N05'50'59"E L41 4.88' N12'02'57"E w L9 7.84' N10'43'30"W L42 4.49' N58°51'05"W w ~ L10 7.69' N03'30'28"W L43 5.13' S85°54'1 0"W ~ ~ L11 17.79' N00'09'20"W L44 4.78' N71'00'29 "W ~ L12 0.79' N64'04'53"W L45 10.13' N18°59'31"E L13 9.99' N1 2'03'07"W L46 4.36' N61'18'11 "W L14 4.00' S76°55'03"W L47 16.04' S1 7°58'44"W L15 3.91' N90'00'00"W L48 8.60' SO0°26'35"W L16 14.99' N10°13'18"E L49 7.95' S1 5'47'58"W L17 3.99' N75'46'52"W L50 1.70' S77°16'18"W L18 6.24' N20'00'23"E L51 9.39' S63'39'20"W L19 4.10' S45'30'09"E L52 4.84' N34°17'51 "W L20 16.13' S21 *57'53"W L53 7.80' N67'04'37"W L21 17.78' S1 8'24'46"W L54 4.57' N29'25'34"W L22 3.34' S60°00'00"W L55 7.52' N31 °10'04"E L23 3.99' S87'44'23"W L56 6.47' N10°38'56"E L24 2.78' 547'09'39"W L57 4.70' N00'53'27"W L25 3.04' 559'13'18"W L58 3.47' N09°19'47"W L26 4.64' 587°31'27"W L59 9.86' N39'35'37"W ~ L28 1.48' N76'23'37"W L61 4.26' N68°54'57"W ~ L29 8.57' S44'33'33"W L62 9.19' N20°31'36"E L30 0.99' N 89'40',30"W L63 8.09' N07°5 '33"E L31 1.17' S001 9'30"W L32 1.71' S40'42'28"W dal LAND S0 RZ H `'S\~ L33 3.59' S03°47'25"W ~ q ~ , o`` 0 1F EXHIBIT "B" SLOPE EASEMENTS ( EASEMENT DETAIL: PAGE 6 OF 7 ) LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L64 3.49' N39'35'37"W L98 4.44' N81°34'49"E L65 10.14' N13*46'15"E L99 5.05' S14'38'16"E L66 12.08' N79'53'17"E L100 4.14' S20'50'1 2"W L67 7.07' N03'1 9'48"E L101 3.88' S04'1 1'38"E L68 3.96' S88'30'50"W L102 1.84' S90'00'00"E F L69 4.24' S83'38'09"W L103 5.59' N49'21 '13"E C L70 3.98' N88'23'31 "W L104 6.40' S00'00'00"W L71 6.48' N18'30'26"E L105 14.38' S90'00'00"E w L72 6.18' N32'36'47"E L106 4.39' S72'28'29"E L73 4.62' S74'33'31 "E L107 8.27' S84'51'05"E L74 13.21' N18'47'23"E L108 6.91' S60'35'34"E L75 11.52' N1 5'20'03"E L109 9.33' S52'31'55"E L76 8.61' N11'38'56"E L110 11.91' N63'1 8'38"E L77 3.89' N80'32'05"W L111 9.29' S54'57'52"E L78 2.88' N0531'1 6"E L112 5.79' S68'22'52"E L79 8.38' N38'1 7'39"W L113 8.17' S34'1 5'57"E w L80 4.42' NI 5'04'48"E L114 14.35' S67°53'57"E w L81 2.17' N00'00'00"E L115 9.40' N89'32'1 5"E L82 0.38' N90'00'00"W L116 10.89' N59'27'49"E a- L83 2.12' N00'00'00"E L117 19.41' S87'55'57"W L84 4.67' S90'00'00"E L118 11.24' N69'08'08"W L85 10.05' N00'00'00"E L119 3.81' N03'04'37"W L86 4.28' N90'00'00"W L120 2.47' N48'1 8'45"W o L87 0.22' N00'00'00"E L121 0.92' N70',30'1 2"E LL M L88 0.38' N90'00'00"W L122 7.84' S67'27'58"E o v L89 11.30' N0TO0'00"E L123 2.08' N46'38'59"E m L90 0.38' S90'00'00"E L124 4.25' S90°00'00"E w a- L91 2.17' N00'00 '00"E L125 2.00' N85'58'1 5"E x L92 14.38' N90'00'00"W L126 7.23' S84'08'31 "W w L93 11.02' N76'1 3'32"W L127 8.76' N78'47'24"E L94 0.32' N00'29'50"W L95 20.57' S87'59'31 "W L96 19.86' S00'46'53"E L97 3.19' N00'29'50"W 0 0 SIGNED BERT HAZE, PLS 7211 DATE z D ~m L 7 J ~w U L Q ~w K EXHIBIT °B99 SLOPE EASEMENTS ( EASEMENT DETAIL: PAGE 7 OF 7 ) 0 J Li c~ o% Q o_ LINE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L128 6.87' N89'33'27"E L152 6.22' N27*52'11"E L129 4.92' S65'1 5'36"E L153 4.45' N62'07'49"W L130 5.21' N14'26'31 "W L154 4.10' N34'53'1 YE L131 9.04' N68'00'11"E L155 10.54' N26'22'00"E L132 14.49' N87'29'44"E L156 4.44' N34'44'1 2"W J L133 2.95' S44'50'55"E L157 3.20' N28'1 0'40"E `u U L134 3.92' N73°17'14"E L158 6.82' N12'18'04"E Q L135 7.03' S50*00'31"E L159 3.98' N76'02'35"E L136 2.99' N69'07'00"E L160 3.94' N1 4'05'49"E L137 3.85' N85'02'36"E L161 3.91' N79'29'43"E o L138 6.52' N54'1 4'27"E L162 3.97' N1 5'02'43"E L139 7.18' N77'05'06"E L163 1.78' N05'43'52"W C) L140 14.38' N22'56'07"E L164 4.25' S75'11 3'23"E Q L141 5.18' N24°38'52"W L165 1.59' N1 4'46'37"E L142 2.69' N22°00'27"E L165 5.90' N19'51'06"E Li L143 3.48' N67'07'28"W L167 3.92' S74°49'00"E Of L144 5.32' S22'52'32"W L168 6.77' N19*12'26"E a L145 4.22' S48'42'53"E L169 4.07' S77'25'00"E L146 15.49' S22'30'48"W L170 11.12' S20'30'56"W L147 3.60' N86*53'31"E L171 13.98' S16'18'37"W L148 12.29' S23°22'54"W L172 9.43' S08'48'49"W L149 12.53' S19'47'31"W L173 3.70' N86'20'25"W L150 4.15' N62'38'46"W L174 9.24' S24'11'53"W L151 6.76' N10'15'54"E L175 4.16' N79'35'21"W J SIGNED BERT HAZE, PLS 7211 DATE 0 Z ( No. 7211 l Exp. 3-31-10