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.