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2012-255962DOC ## 201 2 - 0255962 11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III Recording Requested By and ) jMAY pjQ1 4:4fi PM Recorded Mail To: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC NA City Clerk ) PAGES: S City of - 505 S Vulcan tAvenue ) I I��III IIII ��III ��III ��I�I IIII ��III ��III ��III ��III ��III ��III ��III ��III ��III IN IN Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcey / Case No. - 07 -188 DR/V /CDP � No. 260 - 413 -17 & -18 DOCUMENTARY TRANSFER TAX $ Michael A. Clark, Trustee of the Michael Ames Clark Revocable Trust dated March 2, 2000 ( "GRANTOR" 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) GRANTOR conveys a perpetual easement for open space over, upon, across and under the subject land consisting of all steep slopes not disturbed by the grading as shown on the approved project drawings for Case No. 07 -188 DR/V /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. 07 -188 DR/V /CDP, as said permit was issued by Resolution No. PC 2011 -20 of the Planning Commission on July 21, 2011 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (2) GRANTOR 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/RS /T. /Covenant \07 -188 DRVCDP OpenSpaceEasement (Lots 25 & 26) (3) GRANTOR covenants and agrees for himself and its 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. 07 -188 DR/V /CDP, as said permits were issued by Resolution No. PC 2011 -20 of the Planning Commission on July 21, 2011, 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. 07 -188 DR/V /CDP for grading, stormwater facilities 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. 07 -188 DR/V /CDP, as said permit was issued by Resolution No. PC 2011 -20 of the Planning Commission on July 21, 2011, 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. 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 z"— (& by Mic ael A. Clark, Trust e f the Michael Ames Clark Revocable Trust dated March 2, 2000 (Notarizations of GRANTORS' signatures are attached.) PBD/RS /T. /Covenant \07 -188 DRVCDP OpenSpaceEasement (Lots 25 & 26) 2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of :5 L11 7D, e,-n, a On prl 0�0 oC before me, _Ja Ue 11,or, o� tp rjo P ru ub It Dat f Here Insert Name and Ti e of the Officer IF I personally appeared )'q t Lha e I (Q ✓ K Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is /are- subscribed to the within instrument and acknowledged to me that he /s i@Ahey executed the same in hisi`49 !# &k authorized capacity(ies&), and that by his /kerkheif signature(S) on the instrument the person($), or the entity upon behalf of which the JOVE DANK CATO person(g) acted, executed the instrument. Cortwnh:bn 1 196486? Notary Public - C&WorMa I certify under PENALTY OF PERJURY under the MV San Dlapo County laws of the State of California that the foregoing Conte. & 6196" Jan 16 2016 paragraph is true and correct. WITNESS my hand and official seal Signature Place Notary Seal Above Signature of Notary Public K�ld OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , i x Title AT�GQf�ocument R t I"r e5er Docume t Date 0 �/ �� y✓✓/ ��— r Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed d by Sig %�r(s) 4 Signer's Name ,l Ile- e I (-1 . r� R ✓� Signer's Name ❑ Cpfporate Officer— Title(s) ,Individual Partner — ❑ Limited ❑ General Top of th7here 1:1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 6" ❑ Other- Signer Is Representing Officer — Title(s) ❑ Individual ❑ Partner — ❑ Li ' d ❑ eneral ❑ Attorney in Fact ❑ Trustee ID Guardian o onservator ❑ Other Si6er Is Representing IW © 2009 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Jv — —v Y Y —~ ~� Item #5907 CITY OF ENCINITAS: I, Greg Shields, the Deputy 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 Steep Slope Preservation Open Space Easement all as granted hereon. Dated G 5 2c, Z by k Greg S s Deput Director of Engineering Services (Notarization not required) PBD,,RS,'T 'Covenant 07 -188 DRVCDP OpenSpaceLasement (Lots 27 28) EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 25 AND 26, IN BLOCK 42 OF CARDIFF "A ", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911. COMMONLY KNOWN AS: APN NOS. 260- 413 -17 AND 260- 413 -18. EXHIBIT B STEEP SLOPE EASEMENT APN: 260 - 413 -17 & 18 THOSE PORTIONS OF LOTS 25 AND 26 IN BLOCK 42 OF CARDIFF "A ", IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 26 OF BLOCK 42 OF MAP 1334: THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 580 50' 00" WEST 67.39 FEET; THENCE SOUTH 31'0 10'00" EAST 20.72 FEET; THENCE NORTH 27 °15' 57" EAST 17.70 FEET; THENCE NORTH 31"10'00" WEST 6.37 FEET; THENCE NORTH 58050'00" EAST 31.33 FEET; THENCE SOUTH 310 10'00" EAST 27.08 FEET; THENCE SOUTH 58050'00" WEST 9.78 FEET; THENCE SOUTH 31 °10' 00" EAST 17.84 FEET; THENCE ALONG THE SOUTHERN LINE OF LOT 25 NORTH 58 050' 00" EAST 14.53 FEET; THENCE ALONG THE EASTERN LINE OF LOTS 25 AND 26 NORTH 13 °11' 00" WEST 52.57 FEET TO THE POINT OF BEGINNING. EASEMENT AREA DESCRIBED HEREIN = 1219.50 SQ. FT. EXHIBIT - C STEEP SLOPE EASEMENT APNS: 260 -413 -17,18 POINT OF BEGINNING 9 4A 613 BUILDING FOOTPRINT Z 20.Oft 0. P ' L01�K 4 N 2 ° ELF Is . o� . /15 ,� N6 . . ' °o _ / / 20.Oft Off' STEEP SLOPE AREA = 1219.50 SQ. FT. LEGEND PROPERTY LINE BUILDING FOOTPRINT SCALE 1"= 20' STEEP SLOPE AREA BEARINGS/DIST. / 1 S 580 50' 00"W 67.39' 2 S 31* 10'00"E 20.72' N 27° 15'57-E 17.70' e 5 N 580 50'000 E 31.33' 6 S 310 10'00" E 27.08' 7 S 580 50' 00" W 9.78' RAY SPENCER ® S 31 ° 10' 00" E 17.84' LS 3065 - EXP. 6130/12 09 N 580 50' 00" E 14.53' ® N 130 11' 00" W 52.57' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of. � On 6 before me, Date Here Insert Name and Title of the Officer ' personally appeared �/�°�� 4/2� 115�41C�f Name(s) of Signer(s) • RANDA GAIL MILLJOUR v U) Commission #1916144 < , ��► Notary Public - Californiao) > San Diego County 4 My Commission Exp. Jan. 6, 2015 Place Notary Seal Above who proved to me on the basis of tisfactory evidence to be the person(s) whose name(srare subscribed to the ge/they instrument and acknowle to me that executed the same in h' /he heir authorized capacity(ies), and that bher /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 min gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other - Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder Call Toll -Free 1 -800- 876 -6827