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2012-371413DOC # 2012-0371413 Recording Requested By and I I I I II I I I II I V (I I I I II I II II I II II I I I II I I III I V II I V II I When Recorded Mail To: ) II II I II II I I I II I I I JUN 26, 2012 4:09 PM OFFICIAL RECORDS ~ # SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk Ernest J Dronenburg. Jr , COUNTY" RECORDER FEES 0.00 City of Encinitas ) ! OC NA 505 S. Vulcan Avenue ) PAGES: 10 Encinitas, CA 92024 K, C. t y) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT FOR STEEP ' SLOPE PRESERVATION Assessor s Parcel Case No. 05-050 TPM/CDP o. 259-130-28-00 Kathryn A. Harris, an unmarried woman and James P.E. Waggaman, an unmamed man, as tenants in common, ("GRANTOR" hereinafter), 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 The subject property is described in Exhibit "A" attached hereto. An easement over, upon, across, and under the lands hereinafter described as Exhibit "B" is attached hereto and shown as 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 or restored by the grading as shown on the approved project drawings for Case No. 05-050 TPM/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. 05-050 TPM/CDP, as said permit was issued by Notice of Decision No. PBD-2007-66 by the Planning and Building Director on November 27, 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. 05-050 TPM/CDP. (2) GRANTOR conveys the perpetual right, but not the obligation to enter upon the subject land and remove any buildings, strictures 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) GRANTOR covenants and agrees for itself and its successors and assigns as follows. PBD/TGM/t: \Covenant\05 -05 OTPMCDPopenspace (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. 05-050 TPM/CDP, as said permit was issued Notice of Decision No. PBD-2007-66 by the Planning and Building Director on November 27, 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. 05-050 TPM/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 Notice of Decision No. PBD-2007-66 by the Planning and Building Director on November 27, 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. 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. GRANTOR: Dated 3~f 3/ / ?"PI f Dated , l • i 1 (Notarization of GRANTOR'S signature is PBD/TGM/t: \Covenant\05-050TPMCDPopenspace CITY OF ENCINITAS ("CITY"): This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its T authorized officer. 5 )1 _ ~e- La4-ente A. Watt Dat Interim Director of Engineering Services City of Encinitas CITY OF ENCINITAS ("CITY")- This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its authorized officer. M La eFte A. Watt Dat Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofl i ~e On . / / before me,~,¢/G, ,1.7~~c1,SAM. 7jy~r~ f~UN3i 1G Date Here Insert Name and Tfficer'T personally appeared ~j/A7-7- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ghre subscribed to the within instrument and acknowledged to me that e he/they executed the same in i er/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR i er/their signature(s) on the instrument the Commission #1916144 < Notary Public - CaNforniaN person(s), or the entity upon behalf of which the San Diego County .4 person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 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 rtJ Place Notary Seal Above Signal 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 Number of Pages. Signer(s) Other Than Named Above _ Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer - Title(s) ❑ Individual ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other- Signer Is Representing- Signer's Name ❑ Corporate Officer- Title(s) ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: . c c c~cccxcx~~cxc ~~xcux~~ctc~c~cxcx~~~~T © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item k6907 EXHIBIT "A" Page I of 1 LEGAL DESCRIPTION - PROPERTY That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey thereof in 1881, described as follows- Commencing at the Northwest corner said Section 14, as said corner is defined by the location of a 1 1/2" iron pipe stamped "G.O.B NW COR SEC 14 OCT 1928" shown on Record of Survey Map No. 11782 filed in the Office of the Recorder of San Diego County on September 8, 1988 (RoS 11782) as being accepted for the Northwest corner of said Section 14, thence South 0°42'43" West (South 0°45'40" West per RoS 11782) along the Westerly line of said Section 14 and the Easterly boundary line of the land shown on Record of Survey Map No 11782, 190 82 feet to the True Point of Beginning; thence continuing along said Westerly line of Section 14, the Easterly boundary of RoS 11782, and the Easterly boundary line of the land shown on Record of Survey Map No 17711 filed in the Office of the County Recorder of San Diego County on February 14, 2003 (RoS 17711) South 0°42'43" West (South 0°45'43" West per RoS 17711) 185 53 feet; thence North 89°09'21" East along the "agreed location of the common boundary between DD1 and DD2" as shown on Record of Survey Map No. 17019 filed in the Office of the County Recorder of San Diego County on June 8, 2001 (RoS 17019), 675 12 feet; thence North 01 °05'03" East along the "agreed location of the common boundary between DD1 and DD5" as shown on RoS 17019, 170 60 feet; thence North 89°34'34" West along the "agreed location of the common boundary between DD1 and DD4" as shown on RoS 17019, 675 99 feet to the True Point of Beginning. 01 BRIAN " DONALD r No. 26175 CIVIL j Professional ~Q. ~3-'~-t2 ra M ExhibitA.Lgl-Property EXHIBIT "B" Page I of 2 LEGAL DESCRIPTION PARCEL "A" That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey thereof in 1881, described as follows. Commencing at the Northwest corner said Section 14, as said corner is defined by the location of a 1 1/2" iron pipe stamped "G O B. NW COR SEC 14 OCT 1928" shown on Record of Survey Map No 11782 filed in the Office of the Recorder of San Diego County on September 8, 1988 (RoS 11782) as being accepted for the Northwest corner of said Section 14, thence South 01 °26'56" West (South 0°45'40" West, RoS 11782) along the Westerly line of said Section 14 and the Easterly boundary line of the land shown on RoS 11782, 190 82 feet to the NorthWesterly corner of the property shown as owned by James P.E Waggman and Kathryn A. Harris on Record of Survey Map No 17019 , filed in the Office of the Recorder of San Diego County on June 8, 2001 (RoS 17019), thence continuing along the Westerly boundary of said Waggaman and Harris property South 01 °26'56" West (South 0°42'43" West, RoS 17019) 185.53 feet to the Southwesterly corner of said Waggaman and Harris property to a point on the "agreed location of the common boundary between DD1 and DD2 as shown on RoS 17019, thence North 89°52'52" East (North 89°09'21" East, RoS 17019) along said "agreed location of the common boundary between DD1 and DD2" 565 38 feet to the True Point of Beginning of Parcel "A"; thence continuing along said agreed line between DD1 and DD2 109 66 feet to a point on the "agreed location of the common boundary between DD1 and DD5" as shown on RoS 17019 , thence North 01 °48'35" East (North 01 °05'03" East, RoS 17019) along said "agreed location of the common boundary between DD1 and DD5" 42 07 feet; thence South 69°08'55" West 118 77 feet to the True Point of Beginning of Parcel "A". PARCEL "B" That portion of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey thereof in 1881, described as follows. Commencing at the Point of Beginning of Parcel "A above; thence continuing along said agreed line between DD1 and DD2 North 89°52'52" East 109 66 feet to a point on the "agreed location of the common boundary between DD1 and DD5" as shown on RoS 17019; thence North 01 °48'35" East (North 01 °05'03" East, RoS 17019) along said agreed location of the common boundary between DD1 and DD5, 142 54 feet to the True Point of Beginning of Parcel "B; thence continuing along said agreed line between DD1 and DD5, North 01 048'35" East 28 00 feet to a point on the "agreed location of the common boundary between DD1 and DD4" as shown on RoS 17019; thence North 88°51'17" West (North 89°34'34" West, RoS 17019) along said agreed location of the common boundary between DD1 and DD4, 145 87 feet to the beginning of a non-tangent OpenSpace.Lgl Page 2 of 2 28 00 foot radius curve, concave Northeasterly, to which a radial line bears North 88°51'17" West; thence Southeasterly along the arc of said curve 43.98 feet through a central angle of 90°00'00" to a point on the arc of said curve to which a radial line bears South 01 008'43" West; thence tangent to said curve South 88°51'17" East 117.55 feet to the True Point of Beginning of Parcel "B" BRIAN DONALD R No. 26175 CIVIL N~ rwiCSSwna~ Q. OF CA1~FO~ OpenSpace.Lgl EXHIBIT "C" PLAT OF STEEP SLOPE OPEN SPACE EASEMENT PROJECT No. 05-050 TPM/CDP APN 259-130-28 PROPERTY BOUNDARY SCALE 1" = 100' 0 50 100 150 200 s10 I s11 51514 NI cc~ C) I I RoS 12444 RaS 11782- ----_J M 88°51'1 " W 675.87' « R-~Z ..T7 ~ZrR~T n'C~n~Z , L/1i L/1' 1 /1 ii ii ~ N T7i T~JT'~i7 ~-~~.L L/11LLG6/1Gl11L LLI CO r' i % co N ; cr) Z i PARCEL 1 2 Roy 1 019 00 SEE DETAIL PAGE 2 o 0 , //11 o N , ~11,1 Z RoS 17711 I 376.94' I I I N89°52'52"E 675.04' PAGE 1 OF 2 PARCEL 2 EXISTING PRIVATE ROAD AND UTILITIES EASEMENT PER 1luj DOC No. 2005-0196785 Rec 03/09/2005 EXISTING PRIVATE ROAD AND UTILITIES EASEMENT PER J>J~ DOC No 2004-0575708 Rec 06/21/2004 -t. LLI STEEP SLOPE OPEN SPACE EASEMENT GRANTED HEREIN - 217 sq BRIAN DONALD No. 26175 CIVIL >rofessional 0 w M co 0 0 0 Z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMFUT State of California County of_~~~ On _ 3~ 6l before me,-JvJ Date ' Here Insert Name and Title of the Officer personally appeared kr4f6 Name(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the withi n ument and acknowle ged to me t he/sh th e executed the same in his/her/ uthorized capacity(ies), and that by RANDA GAIL MILLJOUR his/he thei signature(s) on the instrument the `r • Commission #1916144 < to X ;Notar Public - C llt i X persons, or the entity upon behalf of which the y a orn a( ~ > San Diego County person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 1 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- G2Qi aL~µ_ Place Notary Seal Above Si azure 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 ❑ Corporate Officer- Title(s) ❑ Individual Top of thumb here ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Signer's Name- Number of Pages: ❑ Corporate Officer - Title(s) ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other- Signer is Representing. ~.~,~c.~c.~;c.~c 2009 National Notary Association • NationalNotary orq • 1-800 -US NnTARV n_nnn-- -71 Item #5907