Loading...
2015-311624 a ' DOC# 2015-0311624 Recording Requested By and) When Recorded Mail To: ) Jun 16, 2015 04 22 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, f ) SAN DIEGO COUNTY RECORDER U" ) FEES $2.00 City Clerk ) PCOR. N/A PAGES 6 City of Encinitas ) 505 S Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel / ,�;�'�; TgRYTRAt1 ' Building Permit No 14-1823 No. 265-354-05-00✓ Grading Permit No. 12126-G James E. Clark & Sherry L. Milner, Husband and Wife as Joint Tenants, ("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 Building Permit No.14-1823 and Grading Permit No. 12126. No building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed. Native plants may be planted and maintained in the steep slope easement. Above ground temporary irrigation may be installed and removed after the planting has been established (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 Building Permit No. 14-1823 and Grading Permit 12126-G or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Native plants may be planted and maintained in the steep slope easement. Above ground temporary irrigation may be installed and shall be removed after the planting has been established. jbd\g:\Covenant\14-1823.bp.ssosesmt 1 (B) That, except as authorized by Building Permit No. 14-1823 and Grading Permit 12126-G, it shall not use the subject land for any purpose except as open space and to permanently maintain the steep slopes (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 Building Permit No. 14-1823 and Grading Permit 12126-G 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 X//lJ- by mes E. Clark (Notarization of GRANTOR'S signatures are attached.) Dated wkhs by V,"Z44 Sherry Tner (Notarization of GRANTOR'S signatures are attached.) CITY OF ENCINITAS: I certify and accept on behalf of the City of Encinitas, 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 by Glenn Pruim, Public Works Director jbd\g:\Covenant\14-1823 bp.ssosesmt 2 EXHIBIT "A" OPENSPACE EASEMENT ALL THAT PORTION OF THE EASTERLY 171 FEET OF THE NORTHERLY 128 FEET OF THE SOUTHERLY 488 FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 8, 1884, AS DESCRIBED BELOW AND AS DEPICTED IN ATTACHED EXHIBIT"B" BEGINNING AT THE NORTHEAST CORNER OF THE SAID EASTERLY 171 FEET OF THE NORTHERLY 128 FEET OF THE SOUTHERLY 488 FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OF SAID MAP THEREOF NO 326, SAID POINT BEING THE POINT OF BEGINNING, THENCE S15 004'07" W 128 00' TO THE SOUTHERLY LINE OF SAID EASTERLY 171 FEET OF THE NORTHERLY 128 FEET OF THE SOUTHERLY 488 FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OF SAID MAP THEREOF NO 326, THENCE ALONG THE SOUTHERLY LINE N73 026'30"W, 65.86' TO THE TRUE POINT OF BEGINNING, 1 THENCE FORM THE TRUE POINT OF BEGINNING N73 026'30"W, 71 88, 2. THENCE N 05 005'28" E, 16 50; 3 THENCE N 63 003'03" E, 4 69, 4 THENCE S 82 016'05" E, 12.15, 5 THENCE N 00 026'31" E, 33 07, 6 THENCE N 76°07'29"W 10 94, 7 THENCE N 02 054'30"W, 13 86, 8 THENCE N 49 026'41" E, 4.27, 9 THENCE S 75 013'41" E, 32.23, 10 THENCE N 15 041'14" E, 5 82, 11 THENCE N 71030'58" E, 12.59; 12. THENCE N 12 026'.26" E, 8.25, 13 THENCE N 75 042'17" E, 3 94, 14 THENCE S 56 032'42" E, 5 81, ADC C/,Q 15 THENCE S 05 051'24" E, 8.88, g O 16 THENCE N 88 014'14" E, 7 95, 17 THENCE S 00 049'09" E, 8 17, G1 o O� 18 THENCE S 78 034'17" E, 7 47, J EXP 19 THENCE S 02 022'13"W, 38 14, t 20 THENCE S 14 053'12"W, 41 98 L 8253 TO THE TRUE POINT OF BEGINNING. r AREA. 5397 0 SF (0 123 AC) MORE OR LESS EXHIBIT "B" SHEET 1 OF 1 SHEET OPENSPACE EASEMENT AREA OF STEEP SLOPE PLAT CITY OF ENCINITAS SCALE 1'= 40' NOTE: BEARINGS AND DISTANCES SHOWN ON THIS PLAT ARE BASED ON RECORD DATA PER MAP NO. 326. Adjacent Residence 256-354-03 256-354-04 N W b121.0p 19J.00' P.O.B. 3 14 3 g 9. 11 2 16 AN ��• f0 g 6. S f9 •. N 226 3p. W •..r 4,•,n0 O h 1. 171. j Adacent Residence �ss•8e• :-:� ;, 256-354-07 MAP 326 T. .0.8. BLK 60 ,k AN 0 3G LEGAL DESCRIPTION c� AREA OF STEEP SLOPE lIt THE EASTERLY 171 FEET OF THE NORTHERLY 128 FEET 25X-40% SLOPES Co "- 0 OF THE SOUINERLY 488 FEET OF BLOCK 60 OF COLONY all ACRES � EXP h 31-is � OF OtJAWHAIAN, IN THE CITY OF DQNITASs IN THE COUNTY OF SAN DIEGO, STALE OF CALIFORNIA, LS 253 ACCORDING TO MAP 1HEREOF NO 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON p F� JULY 8, 1884. OWNERS s A APN: 265-354-05 23811 WASHINGTON SUITE C PREPARED BY MURwEra ca 92562 � ��Gc1u' THIS PLAT WAS PREPARED INTH MY KNONELEDGE AND CONSENT. GREGOIRY A UOILL, LS- 825J DAZE JAMES a" DATE LICENSE DOFIREB 12-JI-14 u G.A.C.ENGINEERING and LAND SURVEYING 41993 VIA RENATE,TEMECULA,CA 92591 Voice:760.594-4889 Email:gcaudill.gac(ggmail.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 d u/4&5 O before me, <�IZZ?A ate Here Insert Name and Title of the Officer personally appeared if k' k 19AIb ��NE R�/ 1L lvrc Name(s)of Signer(s) 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 Califomia that the foregoing paragraph _ is true and correct. GIIIA 110 WITNESS my hand and official seal. COMMON 0 2108045 Z Wotary pvo:-Calilornia r Ri w"I� Signature CgMI 19 2019 Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 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: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 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 �0//2 2ot5-" before me, Samantha Morrow, Notary Public �^ (insert name and title of the officer) personally appeared 61/7/? Pom 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. ;AMSIAMANTHA MORROW Commission No.2087518 %F"Comrrussion OTARY PUBLIC CALIFORNIA WITNESS my hand and official seal SAN DIEGO COUNTY Expires May 9,.2M8 Signature /�' (Seal)