2012-465641j)
1p-
Recording Requested By and )
When Recorded Mail To:
I
)
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR BENEFIT OF THE CITY
DOC # 2012- 0465641
IIIIIII I 111111111111111111111111111111111111111111111111111111111111II
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 STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel /
No. 257-011-31 ✓
Case No. 10 -162 TPM/DR/CDP
Jaeson Galli, a married man as his sole and separate property ( "GRANTOR" hereinafter),
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 and described 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 not disturbed or restored by the grading as shown
on the approved project drawings for Case No. 10 -162 TPM /DR/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. 10 -162
TPM /DR/CDP, as said permit was issued by Planning Commission Resolution 2011 -23
approved on September 1, 2011, or as said permit 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 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
PBD /JD/T\Covenant \10 -162 TPMCDP Galli Quail Gardens Steep Slopes Easement.doc
Page 1 of 2
TPM/DR/CDP, as said Planning Commission Resolution 2011 -23 approved 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 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 Planning
Commission Resolution 2011 -23 approved 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 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 12— by
(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.
Dated ° `� A, �� 2v/ �- by �..
Tom Curriden, City Planner
(Notarization not required)
PBD /JDMCovenant \10 -162 TPMCDP Galli Quail Gardens Steep Slopes Easement.doc Page 2 of 2
ALL-PURPOSE ACKNOWLEDGMENT
T
State of California
County of
San Diego
ss
1 '�
On July - l 5 2012 before me, Ash Nickle, Notary Public
( DATE, 1 I I NOTARL
personally appeared
SIGNERS,
who proved to me on the basis of satisfactory evidence to be the person,(8) whose name( -s) Is /aF4 --
subscribed to the within instrument and acknowledged to me that he /4h&they executed the same In
hts/her44+c@tr authorized capactty(rers), and that by his/4=/their signature(g) on the instrument the
personfq, 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.
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)).
ASH NICKIE
COMM. #' 1825213
NOTA" FURIC-CALIFORNIA W
SAN kG9 COUNTY
MY COMM. Exr, Dec. 26, 2012
WITNESS my hand and official seal
OPTIONAL INFORMATION
NOTAR' ATI,RE
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
SIGNER IS REPRESENTING
NAME OF PER OR FN-TM( I FS i
DESCRIPTION OF ATTACHED DOCUMENT
__Cse�rn �Ai &IU 9.
TITLE OR TYP F DOCUMEN
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NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
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SIGNER o
a
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TITLE(Si
PARTNER(S)
ATTORNEY IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING
NAME OF PER OR FN-TM( I FS i
DESCRIPTION OF ATTACHED DOCUMENT
__Cse�rn �Ai &IU 9.
TITLE OR TYP F DOCUMEN
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NUMBER OF PAGES
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APA;194 �M_I.EY SIERRA R(N) -zQ-_� 09
EXHIBIT "A"
SLOPE PRESERVATION 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 WESTERLY ALONG THE BOUNDARY OF SAID
LAND OF GALLI, NORTH 89 °03'22" WEST, 440.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY NORTH
89 °03'22" WEST, 20.00 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH
34 °24'10" WEST, 38.97 FEET; THENCE SOUTH 03 °20'06" WEST, 29.91 FEET,
THENCE SOUTH 08 °23'31" EAST, 76.75 FEET, THENCE NORTH 67'30'13" EAST,
33.01 FEET; THENCE NORTH 00 °56'38" EAST, 125.00 FEET TO THE TRUE POINT
OF BEGINNING.
SAID EASEMENT CONTAINS 4,824 S.F.
C SV,�G ,6
ROB RT O S UP URCE 28302 w`
No. CO 8302
DA E gT�np
N
SCALE 1 " =40'
S 34'24'10" W
38.97'
S 03'20'06" W
29.91'
S 08'23'31 " E
76.75'
LEUCADIAJ BLVD
0
EXHIBIT "B"
CITY OF ENCINITAS
— N 89'03'22" W
20.00'
N 89'03'22" W
440.00'
.,a
N 00'56'38" E
125.00'
— SLOPE PRESERVATION
EASEMENT GRANTED HEREON
N 67'30' 13" E
33.01
SLOPE PRESERVATION EASEMENT
EASEMENT
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VICINITY MAP
NO SCALE
THOM. BROS. PG. 1067 B5
No. CO 830
Exp. 313) H
PREPARED BY:
ILI
THE SEA BRIGHT COMPANY
4322 SEA BRIGHT PLACE
CARLSBAD, CA 92008
(760) 720 -0098
ROB RT 0. SUKUP, RCE 28302 DATE
LICENSE EXPIRES: 03/31/14