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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 ' N � `^I 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 ----- _ \TR - S16.13'45"W N Qcl 0`1 0 0 i t� Jt � C) w e o wow � W pOO G3° o N d04 "M N 00 [PON. L04 M M �� 3� LOU 02 00 aOd° 949 to U) co Z � 74 37' SO4'08'12"W� cfl ). Lo P.O.B. --------------- 03'33'15"E 74 37' LEGEND: I P.O.B. POINT OF BEGINNING ® INDICATES WETLAND BUFFER EASEMENT, AREA=5,599 SQ. FT. ALES � tic o9 \ 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 } ) rx1 ) ) ) ) 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 ` )