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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 ^�Fr F . - F +F-N�YieRO' ""- F+A'.Y.�rY2i�C-.L^G.L-1,C`C'.J�K - - — _ - •(?�•�-F.C-:PiESY 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 u���•O X04 D SpF� J X Exp' OF CAL1F�R��P I 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 O A.P.N. 216-030-21 All O� y� 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 s' SATQU M 6' .S STANDARD FENCE N.TS LA C06TA z 91 VD. LAND 8 PREPARED BY• iu��o SON D SPF� LA COSTA ENGINEERING 2226 FARADAY AVENUE 6� CARLSBAD, CA 92008 06 (760)931-0290 P. VICINITY MAPS OF cAUFo��s N.T.8 RAYMON SPE CER, LS 3065 D TE