2012-465640L�
�116�
Recording Requested By and )
When Recorded Mail To: )
)
)
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR BENEFIT OF THE CITY
DOC p 2012- 0465640
IIIIII IN 111111111111111111111111111111111111111111111111111111 IN
' f AUG 07, 2012 3:53 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 0.00
OC. NA
PAGES: 5
SPACE ABOVE FOR RECORDER'S USE
GRANT OF RIPARIAN WETLAND/ BIOLOGICAL OPEN SPACE EASEMENT,
50 -FOOT WIDE BUFFER, AND FENCE EXHIBIT
Assessor's Parcel /
No. 257-011-31 V
Case No. 10 -162 TPM/DR/CDP
Jaeson Galli, a married man as his sole and separate property ( "GRANTOR" hereinafter), does
hereby grants, conveys and dedicates 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 as Exhibit `B" attached hereto, hereinafter referred to as the subject land, to
wit:
(1) GRANTOR conveys a perpetual easement for riparian wetland buffer zone easement and
buffer zone, over, upon, across and under the subject land as described in Exhibit "A" and
shown and depicted in Exhibit `B ". This riparian wetland easement and buffer zone shall
remain to perpetuity on the subject property. No building, structure, animal grazing or other
improvements (including landscape improvements) shall be constructed, erected, placed or
maintained on the subject land, nor shall grading be performed, except as is permitted by
Case No. 10 -162 TPM /DR/CDP, as said permit was issued by Resolution No. PC- 2011 -23
by the Planning Commission on September 1, 2011 or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas. Any future
improvements necessary in these areas shall be reviewed and approved by the City of
Encinitas and the California Department of Fish and Game.
(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,
PBD /JDMCovenant \10 -162 TPMCDP Galli Quail Gardens Open Space Covenant.doc Page 1 of 2
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. 10 -162
TPM/DR/CDP, as said permit was issued by Resolution No. PC- 2011 -23 by the
Planning Commission on September 1, 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. 10 -162 TPM/DR/CDP for
grading and landscaping, it shall not use the subject land for any purpose except as
open space to permanently maintain the riparian wetland easement and fence barrier
in perpetuity on the subject site.
(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. 10 -162
TPM/DR/CDP, as said permit was issued by Resolution No. PC- 2011 -23 by the
Planning Commission on September 1, 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 these easements 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. These easements shall bind the owner and its successors and assigns.
GRANTOR:
Dated -7 13
by
aon Galli
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
I certify on behalf of the City of Encinitas, pursuant to authority conferred by Planning Commission
Resolution 2011 -23 approved on September 1, 2011, that the City of Encinitas consents and accepts
to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and consents
to recordation thereof by its duly authorized officer.
A
Dated / 2el 71 by C- c?� ----
Tom Curriden, City Planner
/ (Notarization not required)
PBD /JD/T\Covenant \10 -162 TPMCDP Galli Quail Gardens Open Space Covenant.doc Page 2 of 2
ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of
San Diego SS
5 "'r
On July -3 ` 2012 before me, Ash Nickle, Notary Public
iDATE, (NOTAR7)
personally appeared �' n ro5� �� 17
SIGNERiS,
who proved to me on the basis of satisfactory evidence to be the personkw) whose name(- Is /are-
subscribed to the within instrument and acknowledged to me that he /-,+e/they executed the same In
his/hcP44+wr authorized capacity(ies), and that by his /+rm4their signature(g) on the Instrument the
person(srj; 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.
Cif. # 18 5273iA
N01SAAN DtEGS CuuM� •.
,( Mir Cowin, EV, DEC, 284
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189, rather than "substantially" in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code § 1189(c)).
WITNESS my hand and official seal
N'OT.4Rl 'S SIG \ATURE
OPTIONAL INFORMATION
The information below is not required by law However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
CORPORATE OFFICER
TITLDSi
PARTNER(S)
ATTORN El AN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING.
NAVE OF PERSON(S) OR ENT17Y (if S
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPEfor DOCUMEN
Ph ��MM � ��
✓ale �l
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
Q
OF E
SIGNER o
Q
0
APA 5/911 VAIJ.E7- SIERRA 800- 102 -3109
SCALE
EXHIBIT "B"
CITY OF ENCINITAS
BIOLOGICAL OPEN SPACE
EASEMENT GRANTED HEREON
SPLIT RAIL FENCE----_ N 22*53'57"
ENCE ----_N 22'53'57" E
® 50' SETBACK - 66'92
FROM OPEN SPACE
PER DETAIL HEREON
N 00'57' 19" E 28.00'
APN 257 - 011 -31
N 19'57'49" W -
N 50.45'
1 " =60'
5�
E�BPGK
S _
N 01'02'11" E
27.00'
-o
'O
S 89'03'22" E
168.15'
02
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N 88'57'49" W
62.2.8'
BIOLOGICAL OPEN SPACE EASEMENT
r 8'
108.00'
N 88'57'49" W
STANDARD SPLIT RAIL FENCE
N.T.S.
LEUCADIA BLVD rt
* No. CO a' 2 .
Exp.3131
EASEMENT OCIVI
Z
z o PREPARED BY:
a
N �pG THE SEA BRIGHT COMPANY
4 4322 SEA BRIGHT PLACE
a my z CARLSBAD, CA 92008
L (760) 720 -0098
VICINITY MAP A
NO SCALE
ROBERT 0. SUKUP, RCE 29,302 DATE
LICENSE EXPIRES: 03/31/14
THOM. BROS. PG. 1067 B5
EXHIBIT "A"
BIOLOGICAL OPEN SPACE EASEMENT LEGAL DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED TO
JAESON GALLI RECORDED AUGUST 27, 2010, AS DOC. NO. 2010- 0447018 OF
OFFICIAL RECORDS; THENCE SOUTHERLY AND WESTERLY ALONG THE
BOUNDARY OF SAID LAND OF GALLI, SOUTH 02 °39'41" WEST, 164.54 FEET
AND NORTH 88 °57'49" WEST, 108.00 FEET; THENCE LEAVING SAID
BOUNDARY OF GALLI, NORTH O1 -02'11 " EAST, 27.00 FEET; THENCE NORTH
88 °57'49" WEST, 62.28 FEET; THENCE NORTH 19 °57'49" WEST, 50.45 FEET;
THENCE NORTH 00'57'19" EAST, 28.00 FEET; THENCE NORTH 22 °53'57" EAST,
66.92 FEET MORE OR LESS TO AN INTERSECTION WITH THE NORTH LINE OF
SAID LAND OF GALLI; THENCE EASTERLY ALONG SAID NORTH LINE
SOUTH 89 °03'22" EAST, 168.15 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 27,336 S.F.
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RO Lu ERT O. SUKUP RCE 28302 IVo.."' 2
E. DAT . o �i y,