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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 P ,�J)� h A e I/ �..- NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT a OF E SIGNER o a 0 APA;194 �M_I.EY SIERRA R(N) -zQ-_� 09 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 P ,�J)� h A e I/ �..- NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT a OF E SIGNER o a 0 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 0 } w z o o �ul d 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