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2011-502395D O C 2011-0502395 Recording Requested By and ) SEP 27, 2011 3:33 PM When Recorded Mail To: ) OFFICIAL RECORDS ~T SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk ) r' OC: NA PAGES: 9 City of Encinitas 505 S Vulcan Avenue 1111111111111111111111111 IN IIII Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE ICI GRANT OF COASTAL BLUFF & STEEP SLOPES CONSERVATION OPEN SPACE EASEMENT DOCUMENTARY TRANSFER TAX $ Assessor's Parce ✓ Case Nos.: 02-052 MUP/CDP, No. 256-011-04 & -12 10-104 MUPMOD/CDP & 11-086 SUBC Richard A. & Patricia A. Sorich, husband and wife as joint tenants (97.801% interest), Michelle Dawn Farnam (0.733% interest), Austin Anthony Sorich (0.733% interest), and Christopher Dalton Sorich (0.733% interest) ("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 hereinafter described on Exhibit "B" attached hereto over, upon, across, and under the land hereinafter described on Exhibit "A" attached hereto and as shown on Exhibit "C" 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 and bluff face not disturbed or restored by the grading as shown on the approved project drawings for Case No. 02-052 MUP/CDP, Case No. 10-104 MUPMOD/CDP and Case No. 11-086 SUBC. No building, structure or other improvements whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as is permitted by Case No. 02- 052 MUP/CDP and Case No. 10-104 MUPMOD/CDP, as said permits were issued by Resolution Nos. PC 2003-10 & PC 2011-05 of the Planning Commission on February 20, 2003 and February 17, 2011, respectively, and Case No. 11-086 SUBC issued by the Director of Planning and Building on July 12, 2011, or as said permits 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 consist of native species consistent with the approvals of Case Nos. 02-052 MUP/CDP, 10-104 MUPMOD/CDP and Case No. 11-086 SUBC. (2) GRANTORS convey the perpetual right, but not the obligation to enter upon the subject PBD/RS/T:\Covenant\ 10-104MUPMODCDPCoastalBluffOpenSpaceEasement. doc 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. (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 grading or other things as are permitted by Case No. 02-052 MUP/CDP and Case No. 10-104 MUPMOD/CDP, as said permits were issued by Resolution Nos. PC 2003-10 & PC 2011-05 of the Planning Commission on February 20, 2003 and February 17, 2011, respectively, and Case No. 11-086 SUBC issued by the Director of Planning and Building on July 12, 2011, or as said permits 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 Nos. 02-052 MUP/CDP, 10- 104 MUPMOD/CDP & 11-086 SUBC for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and bluff face. (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. 02-052 MUP/CDP and Case No. 10-104 MUPMOD/CDP, as said permits were issued by Resolution Nos. PC 2003-10 & PC 2011-05 of the Planning Commission on February 20, 2003 and February 17, 2011, respectively, and Case No. 11-086 SUBC issued by the Director of Planning and Building on July 12, 2011, or as said permits 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. 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 owners and its successors and assigns. PBD/RS/T:\Covenant\10-104MUPMODCDPCoastalBluff0penSpaceEasement.doc 2 GRANTORS: Dated 11.0 1 t by pw;~ Richard A. SoriDated by Patricia A. Sorich Dated Dated 8 SP, Dated by tQ 1- Michelle Dawn Farnam Austin ony Sorich b Y Christopher Dalton Sorich 5ec er)qt---1)0 (Notarizations of GRANTORS' signatures are attached.) L~ f'l C~ CITY OF ENCINITAS: 4, t'.at 3r`#Athe Interim Director of Engineering Services of the City of Encinitas by authority conveyed by Resolution No. 94-107 adopted by the City Council of the City of Encinitas on November 9, 1994, have accepted on behalf of the City of Encinitas the Coastal Bluff and Steep Slope Preservation Open Space Easement all as granted hegAm.-- Dated bye' We f+ Interim Director of Engineering Services (Notarization not required) PBD/RS/T:\Covenant\ 10-104MUPMODCDPCoastalBluffnpenSpaceEasement. doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S60 D Q- 0 On 1 3 11 before me, A iT name and title of the officer) personally appeared bir1 Gia A. SOrs'&b . m iclieIle J awn FaCnann ~r\~ Aus~~nAnN,onuS'o~~c1, who proved to me on the basis of satisfactory evidence to be the persons whose name is/ subscribed to the within instrument and acknowledged to me that he/shade executed the same in his/he> authorized' capaci Ie and that by his/her a signatureon the instrument the perso%Q or the entity upon behalf of which the persolloacted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGEL M. SMITH Commission # 1800723 W1:01 my h d a toff al seal. Notary Public • California San Diego County M Comm. Expires Jun 8. 2012 (Notary Sea]) ignat of t lic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT rfi C Cna W $l ~ iee~ S 6 s (Title or description of attached document C6nServt-t)n noe„.S(Yce .F._._.t serr)o-A (Title or descriptionbf attached document continued) Number of Pages ( Document Date 9- 13 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception a if a docranent is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed an such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this farm if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ke/she/#w) is /am ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California . q~ County of .Ll U 1 On 160 before me, TW4frZ1 _j 2D / IV F (Here personally appeared C4 ✓'i S44 lit name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(4 whose nam;Ware subscribed to the within instrument and ac nowledged to me that&-he/they executed the same in r/their authorized capacity0o, and that by ,61 41er/their signature(4 on the instrument the persons4, or the entity upon behalf of which the persono acte, 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. 1009342 A. STUART Commissi n #t 1903240 -r' Notary Public -California = WITNESS my hand and official seal. Z; son 01e90 county M Comm. Ex as Au 29, 2014 (Notary Seal) Signatu of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ( Eyrie or aescnption or anacneu qoyncny itle or des ption of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED Y THE SIGNER ❑ Individual (s) ❑ Corporate O icer (Titl ❑ Partner(s ❑ Attorne in-Fact ❑ Truste s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/rkey; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, is Indicate title or type of attached document, number of pages and date. fo Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NoteryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On t'J before me, ; personally appeared S 4A-441-11 ro4 bl, (Here insert name and title to who proved to me on the basis of satisfactory evidenc oo be the person whose name I re subscribed to the within instrument and acknowledged to me thatf'3"Ae/they executed the same i i er/their authorized capacityi jj, and that by~er/their signature(#on the instrument the person or t e entity upon behalf of which the person(Wacte K 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. - BARBARIC A. STUART CommisSlon #t 1902240 Notary Public - Caliternia WITNESS my hand and official seal. Spn Ditto Counq► M Coptm I 79.2014. (Notary Seal) Signat of Notary ublic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tit] o description of attach doc t (title or desc ' ion of attached document continued) Number of Pages `Document Date (Additional information) CAPACITY CLAIMED Y THE SIGNER ❑ Individual (s) ❑ Corporate O cer (Title) ❑ Partner(s) ❑ Attorney n-Fact ❑ Trustee ) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ire/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. S~ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. d• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT A PARCEL A: LOT 17 IN BLOCK 11 OF SOUTH COAST PARK NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 1859, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1925. PARCEL B. ALL THAT PORTION OF BLOCK "D° OF SOUTH COAST PARK NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1859, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1925, DESCRIBED AS FOLLOWS: BEGINNING AT TI ►E NORTHWESTERLY CORNER OF LOT 17 IN BLOCK 11 OF SAID SOUTH COAS I PARK NO 2: THENCE WESTERLY ALONG THL WESTIRLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 17, BLOCK 11, 1Q ITS INTERSECTION WITH THE EASTERLY LINE OF THAT TRACT OF LAND CONVEYED BY THE SOUTH COAST LAND COMPANY TO THE COUNTY OF SAN DIEGO BY DEED DATED JANUARY 10, 1930 AND RECORDED IN BOOK 1731, PAGE 258 OF DEEDS, THENCE SOUTHERLY ALONG THE SAID EASTERLY LINE TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 17, BLOCK 11, THENCE EASTERLY ALONG THE SAID WESTERLY PROLONGATION TO THE SOUTHWESTERLY CORNER OF SAID LOT 17, BLOCK 11; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 17, BLOCK 11, TO THE POIN1 OF BEGINNING. EXCEPTING THEREFROM ANY PORTION THEREOF, HERETOFORE OR NOW LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. EXHIBIT B ALL THAT PORTION OF LOT 17, BLOCK 11, MAP NO. 1859 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON SEPTEMBER 21, 1925, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE ALONG THE NORTH LINE OF SAID LOT 17 NORTH 74°16'30" EAST 6.90 FEET; THENCE SOUTH 16°14'54" EAST 50.00 FEET TO THE SOUTH LINE OF SAID LOT 17; THENCE ALONG SAID SOUTH LINE SOUTH 74°16'30" WEST 0.48 FEET TO THE SOUTHWEST CORNER OF SAID LOT 17; THENCE ALONG THE WEST LINE OF SAID LOT 17 NORTH 23°33'50" WEST 50.47 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL THAT PORTION OF BLOCK "D", OF SAID MAP NO. 1859 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON SEPTEMBER 21, 1925, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 17, BLOCK 11 OF SAID MAP NO. 1859; THENCE WESTERLY ALONG THE WESTERLY PROLONGATION OF THE NORTHTHLY LINE OF SAID LOT 17 TO ITS INTERSECTION WITH THE EASTERLY LINE OF THAT TRACT OF LAND CONVEYED BY THE SOUTH COAST LAND COMPANY TO THE COUNTY OF SAN DIEGO BY DEED DATED JANUARY 10, 1930 AND RECORDED IN BOOK 1731, PAGE 258 OF DEEDS; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 17: THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION TO THE SOUTHWESTERLY CORNER OF SAID LOT 17; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 17 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION THEREOF, HERETOFORE OR NOW LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. C CHRIS CIREMELE, LS 5267 D. c/ * V No. LS 5267 m 0 CALI EXHIBIT "C" L W DATA TA BLE NUMBER DIREC77ON DISTANCE L1 N 7416'30" E 6.90' L2 S 18'1454" E 50.00' L3 S 74'1630" W 0.48' BLOCK MAP NO. LOT \ . 6130°E ~a _ N X41 Z I S: o 0 L; 'V, 0. ' L1 159'5 z / cA BLOCK D/A-V x(c) 00 O -o 103 11 1859 18 272'93 113'18/ 816 NEPTUNE AVE. LOT 17 160 -10' 20, 20' \ z al o / 27p' LOT 16 64' 3p"E LOT LINEN 74-16* TOP OF \ SCALE. 1"--40' SEE /X % BLUFF DETAIL uk I 1 ~ LA 1 \ 106'06 164.6DETAI N.T.S. MAP PREPARED BY CHRIS D. CIREMELE, LS 5267 164 S. ESCONDIDO BLVD. ESCONDIDO, CA 92025 (760) 489-2200 c- CHRIS D. CI EMELE LAND S NO.5267 j ~ CAL\F0~ INDICATES PROPOSED OPEN SPACE EASEMENT CONTAINS 8,294 S.F.