2014-86745 DOC # 201 4-0086745
Recording Requested By and 11111111 IN 1111111111111111111111111111111111111111111111111111111111
•
Whet Recorded Mail To: )
�(� ) MAR 04, 2014 4:06 PM
n� ) OFFICIAL RECORDS
lY� SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
City Clerk Ir/ ) FEES: 0.00
OC: NA
City of Encinitas 1� ) PAGES: 6
Vulcan 505 S.
Enci n ita s CA 2024 Avenue ) 111111111111111 IN IIII
FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE
\ GRANT OF STEEP SLOPE PRESERVATION AND
'�l7\� WETLAND BUFFER OPEN SPACE EASEMENT AND FENCE EXHIBIT
,N\ S^
C Assessor's Parcel No. Case No. 12-145 CDP
216-030-21 ✓ DOCUMENTARY TRANSFER TAX$
Amanda Katherine Cameron, a married woman as her 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 Steep Slope Preservation and Wetland Buffer
Open Space easement shall remain in 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. 12-145 CDP, as said permit was issued by
Resolution No. PC-2013-16 by the Planning Commission on August 1, 2013 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:
PBD/JD/T\Covenant\12-145 CDP Cameron Sheridan Steep Slope Wetland Buffer Covenant Page 1 of 3
(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. 12-145
CDP, as said permit was issued by Resolution No. PC-2013-16 by the Planning
Commission on August 1, 2013 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. 12-145 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. 12-145 CDP, as said permit was issued by Resolution No. PC-2013-16 by
the Planning Commission on August 1, 2013 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.
PBD/JDMCovenant\12-145 CDP Cameron Sheridan Steep Slope Wetland Buffer Covenant Page 2 of 3
GRANTOR:
Dated al �W H by kAA1"ti1S< t rNM-LA-Uo
Amanda Katherine Cameron
(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 2013-16 approved on August 1, 2013, that the City of Encinitas consents and accepts to
the making of the foregoing Grant of Steep Slope Preservation and Wetland Buffer Open Space
Easement and consents to recordation thereof by its duly authorized officer.
Dated by
Jeff Murphy, Planning and Building Director
(Notarization not required)
PBD/JD/T\Covenant\12-145 CDP Cameron Sheridan Steep Slope Wetland Buffer Covenant Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of S&n 'D.uo a o
On ,1,44 before me, I/1R� f s^G.nc�a 5 �2V1/\S OLFLfkl
Date I
�1 n ere Insert Name and Title of the Officer
personally appeared Am&n" -I-G�eYI n C�fnQ r pl \
ame(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/afe subscribed to the
within instrument and acknowledged to me that
he/she/t#ey executed the same O bis/her/their authorized
MINA mc� capacity(ies), and that by leis/her/their signature(s) on the
ZENNS Cannbsion 0 2053069 instrument the person(s), or the entity upon behalf of
Nowt'pum.Camornis which the person(s) acted, executed the instrument.
sae ONpo cou"
t6 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.
Signatur R- /�✓�t °
Place Notary Seal Above Signature of Notary 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 A&n•• a)(p -0 3 D-P-(/
Title or Type of Document: A uh p
r 9 / Cu v"M'
Document Date: k&u i rq--ONE, �`t' Number of Pages: 7�)ree_
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: AM&A" 6ja44wi✓4- CAVYel-b(I Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General D Partner—D Limited ❑ Gene
❑ Attorney in Fact • ❑Attorney in Fact Top of thumb here
Top of thumb here D Trustee
D Trustee
❑ Guardian or Conservator ❑Guardian or Cons ator
❑ Other: ❑Other:
Signer Is Representing: 0 Signer Is epresenting:
0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
STEEP SLOPE AND WETLAND BUFFER OPEN SPACE EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF LOT 8, IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST;
SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT, DISTANT THEREON
NORTH 89058'EAST, 514.05 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 8,
BEING A POINT IN THE CENTERLINE OF COUNTY ROAD AS SHOWN ON MAP OF
COUNTY ROAD SURVEY NO. 346 IN THE OFFICE OF THE COUNTY SURVEYOR OF
SAID SAN DIEGO COUNTY; THENCE NORTH 01033' WEST, 701.80 FEET; THENCE
NORTH 00°55'01"WEST, 94.50 FEET; THENCE SOUTH 89°04'59" WEST, 182.99 FEET
TO THE NORTHWESTERLY MEANDER LINE OF SAID LOT 8, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID MEANDER LINE SOUTH
37°36'32"WEST, 120.79'; THENCE NORTH 89°04'59" EAST, 78.96 FEET; THENCE
NORTH 34°00'08" EAST, 82.96 FEET; THENCE NORTH 29 045'48" EAST, 30.78 FEET;
THENCE SOUTH 89°04'59" WEST, 66.91 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6986.74 S.F.
RAYMO D SPENCER LS 3065 DATE
LAND
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EXHIBIT "B"
STEEP SLOPE AND WETLAND BUFFER
Q Og OPEN SPACE EASEMENT
S 89'04' 59 W 182.99'
O 66.91' tom-
A
OF
TOE OF SLOPE
(8' CONTOUR) 41 v �<c,� SCALE: 1'=40'
1 1 0 F
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A.P.N. 216-030-21
All
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6' FENCE ALONG EASTERN EDGE OF
wry. OPEN SPACE EASEMENT CONSTRUCTED
TO THE SATISFACTION OF CITY OF ENCINITAS
PLANNING & BUILDING DEPT'S.
78-96,
S 89'04' 59' W
MEANDER LINE OF
BATIQUITOS LAGOON
STEEP SLOPE&WETLAND BUFFER OPEN SPACE EASEMENT
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SATQU M 6'
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STANDARD FENCE
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LAND
8 PREPARED BY• iu��o SON D SPF�
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2226 FARADAY AVENUE 6�
CARLSBAD, CA 92008 06
(760)931-0290 P.
VICINITY MAPS OF cAUFo��s
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RAYMON SPE CER, LS 3065 D TE