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2014-525332 ' 1 D O C ## 2014-0525332 Recording Requested By and 11111111 IN 111111111111111111111111111111111111111111111111111111 IN When Recorded Mail To ) DEC 02, 2014 10:52 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE CI Clerk Ernest J Dronenburg,Jr,COUNTY RECORDER City ) FEES 0.00 City of Encinitas ) OC. NA 505 S. Vulcan Avenue ) PAGES: 7 Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ) GRANT OF COASTAL BLUFF & STEEP SLOPES CONSERVATION OPEN SPACE EASEMENT Assessor's Parcel Case No • 06-229 MUP/CDP No 258-073-43 ✓ DOCUMWMYTRAN sFER Tax$ D � William Charles Geierman, an unmarried man ("OWNER" hereinafter), does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State of California ("CITY" hereinafter), with terms, covenants and conditions as follows- An easement hereinafter described on Exhibit "A" attached hereto over, upon, across, and under the lands hereinafter described on Exhibit "C" 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 over, upon, across and under the subject land consisting of all steep slopes and bluff face not disturbed or restored by the grading as shown on the approved project drawings for Case No 06-229 MUP/CDP. No building, structure or other improvements whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as is permitted by Case No. 06-229 MUP/CDP, as said permit was issued by Resolution No. PC 2011-28 of the Planning Commission on November 7, 2011 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 things whatsoever on the subject land, nor shall grading be performed, other than such grading or other things as are permitted by Case No. 06-229 MUP/CDP, as said permits was issued by Resolution No PC 2011-28 of the Planning Commission on November 7, 2011 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas (B) That it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and coastal bluff face P13D/RS/T•\Covenant\06-229 MUPCDPCoastalBluffOpenSpaceEasement 1 (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 06-229 MUP/CDP, as said permit was issued by Resolution No. PC 2011-28 of the Planning Commission on November 7, 2011 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 %J / — =�Uj`/ by William Charles Geierman (Notarization of GRANTOR'S signature is attached ) CITY OF ENCINITAS. This is to certify and accept that the foregoing Grant of a Coastal Bluff and Steep Slopes Conservation Easement 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 Resolution No PC 2011-28 of said decision adopted on November 7, 2011, and the grantee consents to recordation thereof by its duly authorized officer Dated N0 V- / 8 2-011 by Glenn Pruim Engineering and Public Works Director (Notarization required) P13D/RS/T-\Covenant\06-229 MUPCDPCoastalBluffOpenSpaceEasement 2 ACKNOWLEDGMENT State of California County of San Diego ) On November 18, 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 MO JA Commission No 2057518 0 WITNESS my hand and official seal v ?�- NOTARY PUBLIC CALIFORNIA In SAN DIEGG�OUNTY Commission Expires May 9,2018 Signatur I `�V �(J''Y�l.�f(Seal) EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF LOT 14 OF BLOCK 41 MAP NO. 148 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF FIFTH STREET ADJACENT TO SAID LOT 14 WHICH WAS VACATED AND ABANDONED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY ON APRIL 4, 1967, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID BLOCK 41; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 3 AND A PROLONGATION THEREOF AND THE NORTHERLY LINE OF SAID LOT 14 SOUTH 83 020'34 WEST 160 14 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 07 040'56"EAST 50 05 FEET TO THE SOUTH LINE OF SAID LOT 14 CltA� -CV�� CHRIS CIREMELE L.S 5267 IAN SG o. � s -4 J U No. LS 5267 m O N� ��F CAU\ o EXHIBIT FOURTH STREET pOB N 06'3537"W 10.00' z BLK. 41 z � w MAP w o o MAP 148 9068 oy r o "' 3 4 rq ALLEY N 0635'37"W 40.05' (VA CA TED) 1 14 13 N 07.40'56"w z P M LEGEND 7P2250 o5'T (A 16428 BLUFF / UNE o rq PROPOSED OPEN o SPACE EASEMENT 0 0 0 0 FIFTH a S TREE T (VA CA TED) N 063537"W PACIFIC OCEAN u4No °.cl14 CITY OF ENCI NI TAS C OPEN SPACE EASEMENT PLAT sjq N0.5267 520 FOURTH STREET of o ENCINI TAS, CA 92024 SCALE: 1"=50' DATE: 121312012 EXHIBIT C LOT 14 OF BLOCK 41 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO MAP THEREOF NO 148 , SAID MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, ON JUNE 12, 1883 TOGETHER WITH ONE HALF OF THE ALLEY ADJACENT TO SAID LOT 14, WHICH WAS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION 111518 AND RECORDED IN BOOK 5767, PAGE 499 OF SUPERVISORS RECORDS OF SAID SAN DIEGO COUNTY, AND THAT PORTION OF FIFTH STREET ADJACENT TO SAID LOT 14, WHICH WAS VACATED AND ABANDONDED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY APRIL 4, 1967; AND THE NORTH TEN OF LOT 3 AND OF THE ALLEY AND WALK WAY FORMALLY VACATED AND CLOSED TO PLUBIC USE, ADJOINING SAID LOT 3, IN BLOCK 41, ENCINITAS ACCORDING TO SAID MAP 148 CHRIS CIREMELE L.S. 5267 O�,,ND 8 cu��Q V.C►R, �F O U No.LS 5267 m �TF OF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif ni County of On before me, Arthur P.Argu la,Notary Public Here Insert Name and Title of the Officer personally appeared �1�`�I¢,�j L_, C� �°)-e ✓' W d^"- Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($ is/ re subscribed to the �Lhin instrument and acknowledged to me that ARTHUR p fRR�llll.t�/1 he/ a/they executed the s it fii ter/their authorized A capacity(les), and that by is er/their signature(s) on the CDm"ji"m No.2051358 94 instrument the person(s), or the entity upon behalf of u NOTARY PUBLIC CALIFORNIA snNDIEGOCOUNTY which the person(s) acted, executed the instrument. mmission Co E> os Jer+�+efY 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is r true and correct. WITNESS my h d nd Signature PI3ce Notary Seal Above Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons rely; on document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D ument 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 Individual C Individual Corporate Officer—Title(s) L'Corporate Officer—Title(s) Partner Limited = General E Partner—:: Limited = General Attorney in Fact :1 Attorney in Fact Trustee Top of thumb here n Trustee Top of thurrb here Guardian or Conservator Guardian or Conservator Other Other- Signer Is Representing:- Signer fs-Fiepresentimg: ♦. . ..-�.•dC. �nJ4VYC. ._ _ �.art.- •�. .V-�. �.Yt.'-C...'b4'_ �._ �. . � S _ -�. 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