2014-467450 D O C 2014-0467450
� � 1 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By and /P
When Recorded Mail To ) �/l OCT 28, 2014 4:16 PM
OFFICIAL RECORDS
Y SAN DIEGO COUNTY RECORDER'S OFFICE
C� Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 0.00
City Clerk ) OC. NA
City of Encinitas ) PAGES: 6
505 S Encinitas, CA 2024 Avenue ) 11111111111111 IIII
FOR THE BENEFIT OF THE CITY ) SPACE
GRANT OF A WETLAND BUFFER EASEMENT
\\ Assessor's Parcel Case No 13-213 CDP
No 254-163-18 V Building Permit Nos. 13-1936 and 13-1937
Grading Permit No 12027-SG
Kevin Dalzell, Managing Member of DG Properties Fund, LLC, a Delaware Limited Liability
Company, ("GRANTOR" hereinafter), do hereby grant, convey and dedicate a 50-foot 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 a 50-foot riparian 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 13-213 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 13-213 CDP, as said
permit was issued by Notice of Decision PBD 2014-85 of the Planning and Building
Department on September 16, 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 13-213
CDP, as said permit was issued by Notice of Decision PBD-2014-85 of the Planning
and Building Department on September 16, 2014 or as said permit may be
hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas
PBD\,W\t:\Covenant\13-213 cdp.ssosesmt 1
(B) That, except as authorized by Case No. 13-213 CDP, it shall not use the subject
land for any purpose except as open space and to permanently maintain the 50-foot
riparian 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. 13-213 CDP, as said permit was issued by Notice of Decision PBD-
2014-85 of the Planning and Building Department on September 16, 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 `d — 2 �T by
Kevin zell, Mana ing Mem r of DG
Pr rties Fund, LL a Delaw re Limited Liability
Company
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
This is to certify and accept that the foregoing Grant of a 50-foot Coastal Wetland Buffer Easement
LJHI
to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on
behalf of the City Council of the City of Encinitas pursuant to the authority conferred by Notice of
Decision No. PBD 2014-85 of said decision adopted on September 16, 2014, and the grantee
consents to recordation thereof by its duly authorized officer
Dated 0/2--711y by �Z.
Glenn Pruim
Engineering and Public Works Director
(Notarization required)
PBD\AM\t:\Covenant\13-213 cdpmetlandosesmt 2
SHEET 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 33 OF CREST ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON MAY 3, 1927, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF THE LAND CONVEYED BY
THAT DEED TO DG PROPERTIES FUND, LLC, RECORDED NOVEMBER 14, 2013
AS DOCUMENT NO. 2013-0675171 OF OFFICIAL RECORDS; THENCE ALONG THE
WESTERLY LINE OF THE LAND CONVEYED BY SAID DEED TO DG PROPERTIES
FUND, LLC, NORTH 03°33'15" EAST 74.37 FEET TO THE NORTHWEST CORNER
OF THE LAND CONVEYED BY SAID DEED TO DG PROPERTIES FUND, LLC;
THENCE ALONG THE NORTHERLY LINE OF THE LAND CONVEYED BY SAID
DEED TO DG PROPERTIES FUND, LLC, SOUTH 86°28'01" EAST 75.66 FEET;
THENCE LEAVING THE NORTHERLY LINE OF THE LAND CONVEYED BY SAID
DEED TO DG PROPERTIES FUND, LLC, SOUTH 04-08'12" WEST 74.37 FEET TO A
POINT ON THE SOUTHERLY LINE OF THE LAND CONVEYED BY SAID DEED TO
DG PROPERTIES FUND, LLC, THENCE, ALONG THE SOUTHERLY LINE OF THE
LAND CONVEYED BY SAID DEED TO DG PROPERTIES FUND, LLC,NORTH
86 028'01"WEST 74.91 FEET TO THE POINT OF BEGINNING.
CONTAINS 5,599 SQUARE FEET MORE OR LESS.
Abw azj� G
-11,7114 '
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SEAN C EWLERT, P.L.S 7959 DATE LS. 7959
COASTAL LAND SOLUTIONS, INCq�OFCAUF���\P
SCALE: I " =50 ' EXHIBIT ),B), SHEET 1 OF 1
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LEGEND: I
P.O.B. POINT OF BEGINNING
® INDICATES WETLAND BUFFER
EASEMENT, AREA=5,599 SQ. FT. ALES
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\ COASTAL LAND SOLUTIONS, INC. D C
577 SECOND STREET �? N L.S. 7959
ENCINITAS, CA 92024
PH (760) 230-6025 SEAN C. ERT DAT It
FAX (760) 230-6026 L.S. 7959 q7F CAS
CLS#1210
ALL-PURPOSE ACKNOWLEDGMENT
F ate of California unty of �j^ Dl eAc SS
��,2D i y before me, Sl flriO n Notary Public,
DATE
personally appeared -P \;I in 'T�Ct 2�£ ( who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)(t)are subscribed the within instrument
and ac ledged to me tha he she/they executed the
sa h> /her/their authorized capaclty(ies), and that
by hi /her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the Instrument.
rq:;q-?� ANGELA A• I certify under PENALTY OF PERJURY under the
C�,m.,2009314
WIN"PUBLIC-c►a►�o N laws of the State of California that the foregoing
(� S�"DE
coo"2,'a
10 caw. paragraph is true and correct.
WITNESS my hand and official seal. )
)
NOTARY'S SIGNATURE }
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) )
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PLACE NOTARY SEAL IN ABOV E SPACE )
OPTIONAL INFORMATION
The information below Is optional. However, It may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER. DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)ORENTITY(IES) RIGHT c )
THUMBPRINT � )
OF t
SIGNER o )
)
APA 1/2012 NOTARY BONDS,SUPPLIESANDFORMS kTHI"FP://WW"lVALLEf-SIERRA.COM 0005-2008 VALLEY-SIERRAINSURANCE
ACKNOWLEDGMENT
State of California
County of San Diego )
On October 27, 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
Coftriesion No.2087518
WITNESS my hand and official seal NOTARY PUBLIC CALIFORNIA f
SAN DIEGO COUNTY 2
Commission Expires Mmy 8,2018
(Seal)
Signature ` )