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.
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J U No. LS 5267 m O
N�
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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
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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 _ -�. L- -
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