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2014-387970 DOC # 201 4-0387970 Recording Requested By and 1111111 IN 111111111111111111111111111111111111111111111111111111 IN N When Recorded Mail To: ) SEP 09, 2014 4:41 PM / ) OFFICIAL RECORDS tD SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk ) Ernest J Dronenburg,Jr,COUNTY RECORDER FEES 31 00 l City of Encinitas ) OC. NA 505 S. Vulcan Avenue ) PAGES' 6 Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE I I��III��III�IIII��III I�II��IIII VIII��III��III��III��III��III 111111111111111 IN IN GRANT OF A 100-FOOT COASTAL WETLAND BUFFER EASEMENT �\ Assessor's Parcel Case No. 13-197 CDP A` , No. 216-030-88 '� Building Permit Nos. 14-714 and 717 Grading Permit No. 11947-G Tim A. Sullivan and Roseane Sullivan, Trustees of the Sullivan Trust dated August 12, 2011, ("GRANTOR" hereinafter), do hereby grant, convey and dedicate a 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 not disturbed by the grading as shown on the approved project drawings for Case No. 13-197 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. 13-197 CDP, as said permit was issued by Notice of Decision PBD 2014-32 of the Planning and Building Department on April 24, 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. 13-197 CDP, as said permit was issued by Notice of Decision PBD-2014-32 of the Planning and Building Department on April 24, 2014 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. PBD\AM\tACovenant\13-197 cdp.ssosesmt 1 Page 1 of I EXHIBIT `A' EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 8, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST SHOWN AS PARCEL "A" ON CERTIFICATE OF COMPLIANCE NO. 14-155 BA/CDP, AS EVIDENCED BY DOCUMENT RECORDED JULY 27, 2006 AS INSTRUMENT NO. 06- 531586 OF OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 10941, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 1981 AS FILE NO. 81-029896 OF OFFICIAL RECORDS, BOTH IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS PARCEL "B" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON JUNE 5, 2012 AS INSTRUMENT NO. 2012-0328690 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED ON JUNE 5, 2012 AS INSTRUMENT NO. 2012-0328690 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 89 000'24" EAST 100.67 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 48 013'57" WEST 71.05 FEET TO THE WESTERLY LINE OF SAID PARCEL `B"; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 46 016'54"WEST 65.95 FEET TO THE POINT OF BEGINNING. DS CONTAINS 2,335 SQUARE FEET, MORE OR LESS. �NT s, o�0 NO.'7655 ���CALI;'D4 SHEET 1 OF 1 EXHIBIT "B" P.0.8. N89VO'24'E 235.61' 100.67' 134.94' %% 20 i i /115 i �` �/ •�����j C 17807 IN I� 20'� 1 PCL B Imo• CDC 2012-0328690 / PCL 2 I �1 o / PM 10941 I i ENSANG 5.0'PRIVATE SEWER EASEMENT I i 7 10 15 �1 N89'04'59'E 142.94' SEC 33 26'I T 12 S R 4 W �\ 12 S B M NOM 1. PROPERTY BONDARY SHOHN HERE ON PER 'PARM B'OF C9MCA1E OF COMIPUANC£RECORDED ON JUNE 5, 2011 AS NSIRUMEIVT NO. 2011-0328690 OF OFFipAL RECORD. 2 A PMMHNARY M REPORT PREPARED BY RRST AMERM WILE DAZED APRIL 26, 2013 AS ORDER NO $ DIV-4375448 WAS RENENED FOR IXSnNG EASEMENTS OF RECORD. SAID EASDIE S HAW BEENV PLOTTED HEREON AS RETROM IN SW PREUMNARY REPORT. O LAND S DISDNG EASEMENTS Gj� L S GiQ L p (DAN EASEMENT FOR PIMUC UIXIDES AND INaDENTAL PUV7POSES, RECOY7OED OCIO9ER 11 1971 AS �`��' �'� m.4. .g g INSTRUMENT NO 235786 OF MIAL RECORDS N FAVOR OF SAN DIEGO GAS AND aEC7ffC COMPANY. J � No. 7655 O ®AN EASEMOT RETERRED TO N THE LEGAL DESMnON AS PROPOSED 20 FOOT PRIVAIE ROAD EASEMENT °v AND INMENTAL PURPOSES Q5-AN EASEMIENT FOR UNW ES AND MODUAL PURPOSES RECORDED GUSr 29 2003 AS INSNWENT N0. U3 1059582 OF O MAL RECORDS N FAVOR OF PAOFIC SELL 1EIEPFILWE CQIMPA�VY, A CACMNA T �� CORPORAPOV. FOF CA��F ® THE IERUS AND PRONSypYS CONTMED N DIE DoCUMIENT ENnnID 6 RANr OF STEEP SLOPE AND 6a710c17 A OF MAL TArm V OPEN SPACE Eimer REOgw AVUARYA 20016 AS INSTRUMQVT NO 1 SAMPO ENGINEERING, INC. © III TERMS; PRONSION$ AND EASOIEI S)COVTNNED N )NE DOCIUMENIS EN97LED °ONNERS AGREEMENT OF EASEUEN _COVENANTSs AND REMICnGONSS'RECORDED AUGUST OZ 2006 AS NSTRUMENT NO. 06-548699 TEL. (760)4.T6-0660 FAX (760)436-0659 OF OTOAL R CORDS JNi 1J-126 SULUVAN 6124/14 (B) That, except as authorized by Case No. 13-197 CDP, it shall not use the subject land for any purpose except as open space and to permanently maintain the 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. 13-197 CDP, as said permit was issued by Notice of Decision PBD- 2014-32 of the Planning and Building Department on April 24, 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 — - < Tim . Sullivan, Trustee of the Sullivan Trust dated August 12, 2011 (Notarization of GRANTOR'S signatures are attached.) l ` Dated Z �-�7 by Roseane Sullivan, Trustees of the Sullivan Trust dated August 12, 2011 . (Notarization of GRANTOR'S signatures are attached.) „ „_4 c -r CITY OF ENCINITAS: I certify on behalf of the City of Encinitas, pursuant to authority conferred by Notice of Decision No. PBD 2014-02 of said decision adopted on April 24, 2014, that the City of Encinitas consents to the making of the foregoing Grant of a 100-foot Coastal Wetland Buffer Easement and consents to recordation thereof by its duly authorized officer. Dated Srpr. 3; 2- 0/if by 62z-,,- Glenn Prium, Engineering-and Public Works Director (Notarization required) PBD"tACovenant\13-197 cdp.ssosesmt 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On 1' ` i ' before me, iAto k ipylpl L , (Here irAert name and title of the offic r) personally appeared I\VA A . S n �S�t� -_��``l\fA J , 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 person(s), 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. BIANCA ROSE HAYNES . : Commission # 1979499 WITNESS my ha and offic"alse 1. < �=� o Notary Public -California Z t Z ''"' San Diego County D My Comm.Expires May 25,2016 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, anv alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notay in California (i.e certifying the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional infonnation) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. • Individual(s) 4w/she4ke!, is,4w)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. • Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. • Attorney-in-Fact c'Q Additional information is not required but could help to ensure this 13 Trustee(s) acknowledgment is not misused or attached to a different document. 13 Other cQ Indicate title or type of attached document,number of pages and date. CA Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ACKNOWLEDGMENT State of California County of San Diego ) On September 3, 2014 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Glenn Pruim ------------------------------------------------------------------ , 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 person(s), 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 SAMANTHA MORROW y Commission No 2067518 0 U NOTARY PUBLIC CALIFORNIA i; WITNESS my hand and official seal. SAN DIEGO COUNTY Comnession Expires May 9,2018 Signature M (Seal)