2015-109755 DOC# 2015-0109755
Recording Requested By and) II IIIIIIIIIIIIII IIII IIII IIII III IIIIIIII IIIIIIIIIIII III
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When Recorded Mail To: ) Mar 10 2015 0442 PM
D ) OFFICIAL RECORDS
Nj Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
ol City Clerk ) FEES $2.00
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
L GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel DOCUMENTARY TRANSFER TAX$ ; Case No 14-100 CDP
No 254-163-37✓ Building Permit No. 15-020
Douglas L. Kurz, ("GRANTOR" hereinafter), do 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 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 over, upon, across and under
the subject land consisting of all steep slopes not disturbed by the grading as shown on the
approved project drawings for Case No. 14-100 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. 14-100 CDP, as said
permit was issued by Resolution No PC 2014-33 of the Planning Commission on
December 18, 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. 14-100
CDP, as said permit was issued by Resolution No. PC 2014-33 of the Planning
Commission on December 18, 2014 or as said permit may be hereinafter amended
or modified pursuant to the Municipal Code of the City of Encinitas
(B) That, except as authorized by Case No 14-100 CDP, it shall not use the subject
land for any purpose except as open space and to permanently maintain the steep
slopes.
PBD\AM\T\Covenant\14-100cdp.ssosesmt 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. 14-100 CDP, as said permit was issued by Resolution No PC 2014-33
of the Planning Commission on December 18, 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
� �( Z�t J ! .
Douglas L. Kurz
(Notarization of GRANTOR'S signatures are attached)
CITY OF ENCINITAS-
certify and accept on behalf of the Planning Commission of the City of Encinitas, pursuant to
authority conferred by Resolution No PC 2014-33 of said Commission adopted on December 18,
2014, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope
Preservation Open Space Easement and consents to recordation thereof by its duly authorized
officer.
Dated `✓3�L / 2 9/s by
Glenn Prium,
Engineering and Public Works Director
(Notarization is attached)
PBD\AM\T\Covenant\14-100cdp.ssosesmt 2
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the Individual
who signed the document to which this Certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
SS
County of SCE n D( 'E 0,�'
j— �� -Lo before me, 1�1�3,P�lGt I i�'1 ,Notary Public
On ,
DATE
personally appeared r Z ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) s/ re subscribed the within Instrument
and ack wle ged to me tha 0she/they executed the
same is er/their authorize capacity(ies), and that
by Is%cr/their signature(s) on the Instrument the
3 person(s), or the entity upon behalf of which the
ANGELA A. SIMON person(s) acted, executed the instrument
NO'AR','.'
0� .AUfOR IA N
N $AN DIEGO COUNTY
I certify under PENALTY OF PERJURY under the
Mr Cowl,EXP M Y,��� laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
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
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER.
OTHER )
RIGHT L )
SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT L )
NAME OF PERSONS)OR ENTITY(IES) OF E )
SIGNER )
G )
F -
APA O l'2015
NOTARY BONDS,SUPPLIESANDFORMSATHTTP WWw VALLEY-SIERRA.COM c?005-2015 VALLEY-SIERRA INSURANCE
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On March 9, 2015 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
Commission No.2067518 n
NOTARY PUBLIC CALIFORNIA ►
WITNESS my hand and official seal. SAN DIEGO COUNTY
CollanimW Ea➢=May 9,2018
Signature�/ Q���w (Seal)
. EXHIBIT "A"
OPEN SPACE EASEMENT
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 3, 1927,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE WESTERLY
ALONG THE SOUTHERLY LINE THEREOF NORTH 87 013'00" WEST (PER SAID MAP
NO. 2019), 437.26 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 32
NORTH 2 047'00" EAST, 39.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WESTERLY LINE NORTH 2 047'00" EAST, 27.19 FEET;
THENCE NORTH 61 012'55" EAST, 34.14 FEET ; THENCE NORTH 83 036'09" EAST, 36.96
FEET TO THE SOUTHERLY LINE OF PARCEL B PER RECORD OF SURVEY 19778;
THENCE ALONG SAID SOUTHERLY LINE AND THE PROLONGATION THEREOF
SOUTH 87 013'00" EAST, 44.42 FEET, THENCE SOUTH 47° 11' 43" WEST, 16.05 FEET;
THENCE SOUTH 72° 30' 28" WEST, 68.77 FEET, THENCE SOUTH 68° 12' 44" WEST,
37.67 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 2,511 SQ. FT., MORE OR LESS
SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
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TIM W. BREWER, PLS 7161 ATE
SHEET 1 OF 1
10-8208s Exhibit A(3)
EXHIBIT "B"
PORTIONS OF LOT 32 OF MAP 2019
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APN:254-163-51
APIA 254-163-52
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CAPRI RD /�T Construction Testing & Engineering, Inc
VICINITY MAP �,/ I Inspection I Testing I Geotechnical I Environmental 8 Construction Engineering I Civil Engineering I Surveying
NTS � 1441 Montiel Road,Suite 115,Escondido,CA 92026 Phone:(760)746-9806 Fax:(760)746-9806
\Engineering\e\CIVIL 3D 2014-Survey\10-8208s Kurz OpenSpacee\\DWG\MASTER\10-8208s kurtz open space.dwg