2016-209602 DOC#II 2016-0209602
Recording Requested By/ and
When Recorded Mail To
lD } May 03, 2016 04:32 PM
} OFFICIAL RECORDS
NErnest J. Dronenburg, Jr.,
I SAN DIEGO COUNTY RECORDER
City Clerk } FEES: $0.00
City of Encinitas } PCOR: N/A
505 S.Vulcan Avenue ) PAGES: 6
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF PASSIVE AND ACTIVE OPEN SPACE EASEMENT
�P��j�- Assessor's Parcel Ny Case No. 15-008 TMDB/MUP/DR/EIA/CDP
lJ+-� 258-121-12 and-13 Grading Permit No. 12582-1
RequezaM 2013, LLC, a California Limited Liability company ("OWNERS" hereinafter) are the
owners of real property which is commonly known as 560 Requeza Street, ("PROPERTY"
hereinafter) do hereby grant, convey and dedicate an open space easement to the CITY OF
ENCINITAS, State of Califomia ("CITY"hereinafter), with terms, covenants and conditions as follows:
An easement over, upon, across, and under the lands hereinafter attached hereto and as shown
on Exhibit"A" 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 "Private Open Space", "Private Open Space for Stormwater
Treatment Purposes", "Passive Open Space" and "Active Open Space" and as shown on
attachment Exhibit "A". 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
permitted as part of Case No. 15-008 TMDBIMUP/DR/EIAICDP (PC Resolution No. 2015-26)
said permit may be hereinafter amended or modified pursuant to the Municipal Code of the
City of Encinitas. Each open space easement is defined as follows:
(A) "Private Open Space": Is defined as the rear yard areas for personal use of each
individually owned Lots (Lots 1-14) for each individual owner as shown on Exhibit "A".
(B) "Private Open Space for Stormwater Treatment Purposes": Is defined as the access
roadway and bio-retention basin area shown on Exhibit"A".
(C)"Passive Open Space": Is defined as the areas of landscaping for passive use,
including the Native Garden area shown on Exhibit"A".
(D)"Active Open Space": Is defined on the attached Exhibit "A" which contains exercise
stations with path connection and a Community Common feature, which contains a
patio cover, BBQ and outdoor eating area with Community Common feature. This area
may expand or add structures consistent with PC Resolution No. 2015-26 as part of
Case No. 15-008 TMDB/MUP/DR/EIA/CDP, consistent with HOA approval and
Municipal Code standards. Additional permits may be necessary.
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
PBDl1t:t Covenant\2015.008.osesmt.covenant 1
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, or as said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City
of Encinitas except as allowed in as part of Case No. 15-008
TMDB/MUP/DR/EIA/CDP, PC Resolution No. 2015-26.
(B) That, the "Private Open Space", "Private Open Space for Stormwater Treatment
Purposes", "Passive Open Space" and "Active Open Space" and as shown on
attachment Exhibit "A" shall not be used for any purpose except as open space as
described in No. 1 above.
(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.
(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:
Liz Dated `7 � 10 by IL
B.J. Del r, President
RequezaM 2013,
LLC, a California
Limited Liability
company
(Notarizations of GRANTORS' signatures are attached.)
CITY OF ENCINITAS:
I certify on behalf of the Director of the Planning and Building Department of the City of Encinitas,
that the City of Encinitas consents to the making of the foregoing Grant of Preservation Open Space
Easement, consisting of "Private Open Space", "Private Open Space for Stormwater Treatment
Purposes", "Passive Open Space" and "Active Open Space" and as shown on attachment Exhibit
"B" and consents to recordation thereof by its duly thorized fficer.
Dated by
Manjeet Ranu, AICP
(Notarization not required) Acting Director of Planning and Building
Department
PBD\\tACovenant\20 f 5.008.osesmt.covenant 2
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 0 A )
On 4�4,0 ,before me;
Notary Public,personally appeared .L�i Af-,
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.
WITNESS my hand and official seal. KATHLEEN M.VALOEs
Commission*2123838 =
Z Notuo orange -County
z
V i Onnge County
My Comm.Ex ires Aug 16,201q
ignature
(Affix Seal)
t
±A 4 xi 1NTAN
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: ��� �` _ Date Commission Expires: D/9
County Where Bond is Filed: � >
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
Signature:
Firm Nam applicable)
Place of Execution:
Date:
Rec Form SR10.1(Rev.&11/03)
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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 '3Q" -t)!eelp ) n ' n
On '5 f 3-�� before me, (ZQ M a.n D rY-D W I y oizz/L/ Atbi t
Date n Here Insert Name and Title of the Officer
personally appeared I"'A r'f" )p ZO A ti
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 California that the foregoing paragraph
is true and correct.
SAMANTHA MORROW WITNESS my hand and official seal.
y _ Commission No 2067518 n
v NOTARY PUBLIC-CALIFORNIA y
SAN DIEGO COUNTY Signatures
Commission Expires May 9,2018 Signature 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 ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907