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2012-416683D O C 20 1 2-04 1 6683 Recording Requested By and ) No IIIII IIIII 1111111111111111111111111111111111 IN When Recorded Mail To: ) C 1~ JUL 18, 2012 11:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE p A Ernest J Dronenburg, Jr , COUNTY RECORDER City Clerk ) FEES 0.00 rr"I OC NA City of Encinitas ) PAGES: 5 505 S. Vulcan Avenue ) Encinitas, CA 92024 8983 ) I I~~III ~~III ~~III ~~II~ ~~I~I ~IIII ~~III ~~III ~~III I~III ~~III ~~III ~~III ~~III ~~III ~~II I~~I FOR THE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE V ~d 1A~ GRANT OF COASTAL BLUFF & STEEP SLOPES CONSERVATION OPEN SPACE EASEMENT Assessor's Parcel No. 254-040-13 Case Nos.: 10-129 CDP & 11-130 SUBC Grading Permit No.. 11087-G John D. Mendlem, an unmarried man ("OWNER" hereinafter), does 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 described on Exhibit "A" attached hereto and as shown on Exhibit "B" 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 and bluff face not disturbed or restored by the grading as shown on the approved project drawings for Case Nos. 10-129 CDP and I 1-130 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 Nos. 10-129 CDP & 11-130 SUBC, as said permits were issued by Resolution No. PC 2011-18 of the Planning Commission on June 2, 2011 and Substantial Conformance approval by the Planning and Building Director dated October 26, 2011 respectively or as said permits may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (2) GRANTOR conveys 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. (3) GRANTOR covenants and agrees for itself 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 things whatsoever on the subject land, nor shall grading be performed, other than such PBD/RS/T Covenant\10-129 CDPOpenSpaceEasement 8984 grading or other things as are permitted by Case Nos. 10-129 CDP & I 1-130 SUBC, as said permits were issued by Resolution No. PC 2011-18 of the Planning Commission on June 2, 2011 and Substantial Conformance approval by the Planning and Building Director dated October 26, 2011 respectively or as said permits may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and coastal 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 Nos. 10- 129 CDP & 11-130 SUBC, as said permits were issued by Resolution No. PC 2011- 18 of the Planning Commission on June 2, 2011 and Substantial Conformance approval by the Planning and Building Director dated October 26, 2011 respectively 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 rant 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 by John D. Mendlem (Notarization of GRANTOR'S signature is attached.) CITY OF ENCINITAS: I, Greg Shields, the 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 Slopes Conservation Open Space Easement all as granted hereon. Dated 07. l b ".L ,tA J^ Greg Sh'el Interim Director of Engineering Services (Notarization not required) PBD/RS/T \Covenant\10-129 CDPOpenSpaceEasement 2 8985 EXHIBIT "A" APN 254-040-13 OPEN SPACE EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 2 OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY THEREOF, APPROVED APRIL 19, 1881, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 30, 2007 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE, AS DOCUMENT NUMBER 2007-0746179 OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 70°33'15" WEST, 109.03 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING WESTERLY ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 70°33'15" WEST, 79.50 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LAND, NORTH 21 °06'45" WEST, 100 04 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND, NORTH 70°33'15" EAST, 86.00 FEET, THENCE LEAVING SAID NORTHERLY LINE, SOUTH 19°26'45" EAST, 6.30 FEET, THENCE SOUTH 01 002'24" EAST, 14.32 FEET, THENCE SOUTH 17°33'54" EAST, 40.26 FEET, THENCE SOUTH 22°40'58" EAST, 39.94 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.184 ACRES MORE OR LESS EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. LAND S ARMAND A. AR AND A. MAROIS PLS 5941 Ir MAROIS o a ~ 7 PLS 5941 7 DATE (PA 15>1 Page 1 of 1 OF CAL~~O/ PPRf ^ 3 ~ 06 t N O \ ,v W J o ° Q a L'i o = Cli d~ \ b i z O ct Q V Z0~ l~j Q ¢ O J ~ 'tj d a:~ d N- Q o 0 0 I _N I RA V gNnidgN U 3 O O ~ ~ ~ m N I O Or I- U Q W0~I WN~V U O ~O WWWW to Oo~O J Z Z OZI I ~nm~ N I3 ~ 2 Z c'~N~~ W I ~OOjN V NO►~7v DWI ~ ~NZ~ I~ ~m~ moo^N ~I N I Z Q Io ~ p ~ ~~~N I I I Q 03 q) O ~Q N 17 e7 £'7 -pi a 2 W 2~ ^N~v 0 J J J J Z O 00 V Q O O ~ II II II W W 3 W U p c O LO LO O Z-i U ^ 3 o n 3 I c Z Z N N c o - c N 21 '06'45 "W 100.04' m o U c `o W . C V 000 C C C 0/ M v a J Gf y ^w=0 Iwo NNC)v 8987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S iIag State of California County of /}~2i F;If~% On, 1.14 td, 2-C1 Z- before me, d ~ ,,t)) }4-l~c 16 t D16 s e G- , y Here Insert Name and Title of the Officer personally appeared Name( of Signer(F4 TARRA-JAANC BROWN Commission # 1949908 Notary Public - California San Diego County M Comm. Expires Au 27, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(A whose name(,K) is/are- subscribed to the within instrument and acknowledged to me that he/stie,41 ey executed the same in his/here} - authorized capacity(ie,~, and that by his/her,4heir signature(IQ on the instrument the person($), or the entity upon behalf of which the person( 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 C - 1 Signature of Not 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 r7 17i Number of Pages Signer(s) Other Than Named Above ~ 51 t ~i ri ~~r1 L i vl t (l Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name -1 Corporate Officer - Title(s) ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing ❑ Corporate Officer - Title(s) Individual ❑ Partner - ❑ Limited G General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other- Signer Is Representing _...-,,..,„..y-y I— nnI ki -ouu-oio-ooett Item #5907