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
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7 PLS 5941
7
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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