2016-223286 DOC# 2016-0223286
IIIII I I IIIII I I I IIII III II I III III I I II I II I II II
May 10, 2016 04:10 PM
Recording Requested By and ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
When Recorded Mail To: ) SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES: 8
City Clerk )
City of Encinitas )
505 S.Vulcan Avenue )
Encinitas,CA 92024 )
FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE
GRANT OF COASTAL BLUFF CONSERVATION OPEN SPACE EASEMENT
Assessors P�rcel No. Case No. 15-052 CDP
258-153-11 Building Permit No. 15-835
John D. Galloway, Jr. and Donna Mie Galloway, Trustees of the John D. Galloway, Jr and
Donna Mie Galloway Living Trust UDT 04/1611998; James C. Mandelbaum and Steven
Byrnes,'Trustees of the Mandelbaum-Byrnes 2009 Trust dated July 5, 2009; and Zennor,
LLC, a Nevada Limited Liability Company ("GRANTOR" hereinafter), does hereby grants,
conveys and dedicates a Coastal Bluff Conservation 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 and bluff face not disturbed or restored by
the grading as shown on the approved project drawings for Case No. 15-052 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. 15-052 CDP, as said permit was issued by Resolution No. PC
2015-17 of the Planning Commission on July 16, 2015 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. 15-052 CDP, as said
permit was issued by Resolution No. PC 2015-17 of the Planning Commission on
PBD/JDMCovenant\2015.052.galloway.bluff.bose.cov Page 1 of 3
July 16, 2015 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.
(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. 15-052 CDP, as said permit was issued by Resolution No.
PC 2015-17 of the Planning Commission on July 16, 2015 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.
PBD/JDr RCovenaM\2015.052.galloway.bluff.bose.cov Page 2 of 3
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 � /� � �V by
John D. Galloway, Jr. r�
:FW7(APN 253-11-03)
Dated �' 23_ l!o by
Donna Mie Galloway
726 Fourth Str t, Unit#3 (APN 253- -03)
Dated `T by
James C. Mandelbaurn
726 Fourth Str t, Unit#2(APN 253-11-02)
Dated �� � by
Steven Byrnes 'Gj��
726 Fourth Street, Unit#2(APN 253-11-02)
Dated by
Beau Jam W. Toy, M ager
Zen r, L , a Nevada imited Liability Company
726 C u rt Street, Unit#1 (APN 253-11-01)
SEE ATTA ED
(Notarization of GRANTOR'S signature is attached.) FOR OFFICIAL
ACKNOWLEDGMENT
CITY OF ENCINITAS:
This is to certify that the interest in real property conveyed by deed or grant 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 authority conferred by Resolution 94-107 of
the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee
consents to recordation thereof by its duly authorized officer.
Dated n; 'V�/t by Z�Z4 6�1;u--•-�-"-
Gle Pruim
Engineering and Public Works Director
(Notarization not required)
PBD/JDM Covenant\2015.052.galbmy.bluff.bose.cov Page 3 of 3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 o }
On Z3 before me,
( re insert name and titre f the cer)
personally appeared 75.�,,, XL�-;4.
who proved to me on the basis of satisfact ry evidence to be the persor(o) whose --�
nameQubscribed to the within instrument and acknowledged to me that
r1sL
a xecuted the same in eir uthorized capacity( s and that by
ignature0 on the instrument the person s or the entity upon behalf of
which the personQacted, 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.
_ 0. P. MAYO III
ITNE my hand and official seal ? COMM.# 2071295
N r` * NOTARY TIEGO-CALIFORNIA UNTY Ul
$AN DIEGO COUNTY
FXP.JUNE 13,2018''
N ublic Signature (Notary Public Seal)
ADDI ZONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments
7 from other states may be completed for documents being sent to that state so long
d T `roam.` as the wording does not require the California notary to violate California notary
t� a law.
(Title or description of attached docum t) I • State and County information most be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s)personally appeared which
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20t 5 Version vomv.I`JotaryCiasses.com 80C-87?r9865 Securely attach this document to the signed document with a staple.
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 Los Angeles )
On May 3, 2016 before me, Steven Paul Thaichareon, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared James Mandelbaum
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
GMSTEVEN PAUL THAIC14AREON t is true and correct.
Commission#2129176 = WITNESS my hand and official seal.
Notary Public-California
rKAW
Los Angeles County
N1 Comm.Expires Nov 3,2019t
Signature
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 CAmr of t40"L-
Title or Type of Document: aWFF CO~AT)oN "u SA►ce Document Date: 4AVL A2otb
Number of Pages: 3 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 ❑Attomey in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
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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 Los Angeles )
On May 3, 2016 before me, Steven Paul Thaichareon, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Steven Byrnes
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
jWSYMNAUL THAICHAREON� is true and correct.
Commisslon#2129476 Z WITNESS my hand and official seal.
s • Notary Public-California
Los Angeles County
MV Comm.E ins Nov 3,20,9 Signature
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 Gemr or NAlg rAL
Title or Type of Document: 894Acf f4AfGF "rwN 0AAW SPACS Document Date: AM,.. 42ZIL
Number of Pages: 3 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.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
m
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 2 OF COUNTY OF SAN DIEGO TRACT NO. 4152, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL MAP THEREOF NO. 11491, RECORDED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 17, 1986, LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT NO. 5 OF FARRAR'S
SUBDIVISION OF FRACTIONAL BLOCK 39 OF ENCINITAS, MAP NO. 148 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL MAP THEREOF NO. 42 RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MARCH 21, 1887,
SAID POINT ALSO BEING A POINT IN THE SOUTHERLY LINE OF SAID LOT 2
OF MAP NO. 11491; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2,
SOUTH 83 021'20" WEST, 109.27 FEET; THENCE LEAVING SAID SOUTHERLY
LINE OF LOT 2,NORTH 20°38'32" WEST 16.70 FEET; THENCE NORTH 0715'27"
WEST 18.14 FEET; THENCE NORTH 09 051'49" WEST 15.70 FEET TO THE
NORTHERLY LINE OF SAID LOT 2.
CONTAINS 1,795 SQUARE FEET MORE OR LESS.
J��,ND SCR
c�-�R�3 `F
l /
SEAN C.tNGLERT, LS 7959 DATE "i
LS. 7959
COASTAL LAND SOLUTIONS, INC.
Q
OF CA\-\F���
Sheet 1 of 1
J.iL1L 1 I 1 118/1
MOM
FFOURTH
PROPOSED EASEMENT
AREA = 1, 795 SQUARE FEET STREET
O10.00' WIDE PORTION OF FOURTH STREET °v
VACATED BY ACTION OF THE BOARD OF N06'43' 12"W 476.41'
SUPERVISORS ON APRIL 16, 1986 AS (N06'37-45°W 476.36')
DEPICTED ON MAP NO. 11491. 235.64' 240.77'
( ) INDICATES RECORD INFORMATION PER MAP NO.
11491. i }
INDICATES FOUND 2" IRON 1- z w
PIPE WITH DISC MARKED N06'43' 12"W o 100.24' loo o_ m
"RCE 27214" PER MAP (N06*37-45"W m 100.33') imHO� o
NO. 11491. 50. 12' 50. 12' i off, Iq
INDICATES FOUND 2" IRON J i (50. 16') i J (50. 17') i vm
PIPE WITH CONCRETE AND m m
NAIL, ACCEPTED AS MONUMENT J A o "� J c z
PER MAP NO. 11491. ———— — ———— ——
INDICATES FOUND 3/4" IRON (50. 16') (50. 17') P. O. B.
PIPE WITH PLASTIC CAP 50. 12' 50. 12'
MARKED "RCE 27214" PER 100.24'
MAP NO. 11491. MONUMENT I N06'43' 12"W o^
IS S44 °47'24"W 0.05' OF (N06'37'45"W) o_
CORNER. _ _ oo
INDICATES FOUND LEAD AND o o m sa
DISC MARKED "RCE 27214" 0 0 o v °
AT 7.00 ' OFFSET PER MAP O o I o; `I
NO. 11491. -1 w
oo
INDICATES FOUND Q �l P _ o �p° �"- c°v
1/2" IRON PIN N`"O CD
PER MAP NO. ° 0_ I CD CD Co C)
N
11491. C�1 0o O N I a 0 00 cn a
INDICATES FOUND 3/4" �' rn m �" m m
- IRON PIPE OPEN PER o z I �' �Oo4 z d04
C.R. 36281, NOT HELD. 9 a o o
MONUMENT IS S46 '33'36"E o pO0 o 0 oN �
0.09' OF CORNER AND 'n 3 3 .N
SHOWN FOR TIE-ONLY. o ° I o� r cm N- m m
INDICATES FOUND 3/4" o�" i w �o �� co
IRON PIPE WITH CON C. a m ''�
AND TACK. ACCEPTED f� w �� o� N Q
AS MONUMENT PER im I °z o N
MAP NO. 11491. r+ z z
N
L m cam Cr]
co —too
L1 N83 -16- 48"E 7.00 ' m o z _ �z
N83 °16'48"E (7.00 ' ) z ^ AppROXIMMO
L2 N83 °16'48"E 10.00 ' u� MEINE IGH MAp -I
N83 °16'48"E 10.00 ' I - L N P1491. m m
L3 N83 16' 48"E 17.00 ' ° o
NB3 °16'48"E 17.00 '
__ ---- 50,31' (50.46')
50.30' (50.45') W 100.61'
SCALE: 1 =30 ' (N12 53' 14"W 100.91') LAND SU
PALES
COASTAL LAND SOLUTIONS,INC. L
`S 577 SECOND STREET -0 sj���� �cLo L.S. 7959 -'
ENCINITAS, CA 92024 -4
PH (760) 230-6025 SEAN C ENGLERT DATE �q Q
FAX (760) 230-6026 L.S. 7959 OF CA��
CLS#1374