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2014-207077 D O C # 2014-0207077 Recording Requested By and , '� I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII 11111 IN 1111 When Recorded Mail To: ) MAY 20, 2014 4:59 PM OFFICIAL RECORDS ' SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 City of Encinitas ) OC: NA 505 S. Vulcan Avenue ) PAGES: 5 Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE I I��III��III��III��III��I�I IIII��III��III��III'�III��III��III��III 11111 11111 IIII IIII GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT AND 100-FOOT COASTAL WETLAND BUFFER EASEMENT �\( Assessor's Parcel Case No. 13-194 DRMOD/CDP `J No. 216-030-87 Building Permit No. 14-340 Grading Permit No. 11903-G Christopher J. Connolly and Rhonda M. Connolly, Co-Trustee's of the Connolly Family Trust dated July 11, 1997, ("GRANTOR" hereinafter), do hereby grant, convey and dedicate an open space easement and 100-foot coastal wetland buffer 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 on Exhibit"B" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTOR conveys a perpetual easement for open space and a 100-foot coastal wetland buffer over, upon, across and under the subject land consisting of all steep slopes not disturbed by the grading as shown on the approved project drawings for Case No. 13-194 DRMOD/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. 13-194 DRMOD/CDP, as said permit was issued by Resolution No. PC 2014-02 of the Planning Commission on March 6, 2014 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. 13-194 DRMOD/CDP, as said permit was issued by Resolution No. PC 2014-02 of the Planning Commission on March 6, 2014 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. PBD\AM\g:\Covenant\13-194 drmodcdp.ssosesmt 1 (B) That, except as authorized by Case No. 13-194 DRMOD/CDP, it shall not use the subject land for any purpose except as open space and to permanently maintain the steep slopes and 100-foot coastal wetland buffer. (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. 13-194 DRMOD/CDP, as said permit was issued by Resolution No. PC 2009-14 of the Planning Commission on March 6, 2014 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 by y, Co-Trustee of Connol a ily Trust (Notarization of GRANTOR'S signatures are atta ched.) Dated �- Rhonda M. Connolly, Co-Trustee of Connolly Family Trust (Notarization of GRANTOR'S signatures are attached.) CITY OF ENCINITAS: I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred by Resolution No. PC 2014-02 of said Commission adopted on March 6, 2014, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and 100-foot Coastal Wetland Buffer Easement and consents to recordation thereof by its duly authorized officer. Dated Sl 3h7 by Glenn Prium, Engineering and Public Works Director (Notarization not required) PBD\A1V1\g:\Covenant\13-194 drmodcdp.ssosesmt 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 4 State of California County of 4 On before me, ti' kwA Date Here Ins"Me antle of the Office personally appeared 1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DEANA GAY person(s), or the entity upon behalf of which the Commisa°"*M7575 person(s) acted, executed the instrument. Notary Pum-CWw" San oleo Cm* MY "InI. Am I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Signature: Place Notary Seal Above -OPTIONAL Signature of Notary Public 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual 91201 IWO!11, ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association-National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 SHEET 1 OF 1 EXHIBIT "A" STEEP SLOPE AND BIOLOGICAL PRESERVATION EASEMENT AN EASEMENT FOR STEEP SLOPE AND BIOLOGICAL PRESERVATION PURPOSES OVER UNDER ALONG AND ACROSS THOSE PORTIONS OF LOTS 7 AND 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, LYING WITHIN THAT LAND DESCRIBED IN A DEED TO BRIAN SMITH PER DOCUMENT RECORDED JUNE 27, 1996 AS DOCUMENT NO 1996-325319 OF OFFICIAL RECORDS OF SAID COUNTY, SAID EASEMENT LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SMITH LAND DISTANT THEREON N89°04'59"E (N89°00'37"E RECORD) 73.09 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE S33°07'37"W 69.58 FEET TO THE POINT OF TERMINUS IN THE SOUTHERLY LINE OF SAID SMITH LAND, DISTANT THEREON S66°5335"E 64.34 FEET FROM THE MOST WESTERLY CORNER THEREOF. CONTAINING 3,360 SQ. FT. OF LAND MORE OR LESS. ';3 ` H c LS 3211 I 9�OF CA�1F� O _ O Z6'8L 37 0.55. oos m � I N = IQ co W I 3 (n to "' Q ul Q W(O^ n c °rnN °' L W W z^LQ o N LU co cz oz� a LU ui Q) Q m o 1 0 o a ° Ln a / rn \ h JF'y1R PS 11 br�L L. � i Ln U .h JI� I N Q �p N � °p Vl ' � w iR L / W C) _ CV) U 1p Z = 0 � a U) in .6w g 00 ce �d9 O a Ci XA E Z W aje.)s Q � U