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2016-496870 Recording Requested By and) DOC# 2016-0496870 n When Recorded Mail To: lX ) Sep 20, 2016 04:13 PM OFFICIAL RECORDS City Clerk ) Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES $0.00 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) PAGES' 6 FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE EASEMENT AND STEEP SLOPE PRESERVATION EASEMENT AND FENCE EXHIBIT Assessor's Parcel No: Case No. 11-099 DR/CDP 254-612-10 ✓ Building Permit No. 14-1771 7"M�P ' Grading Permit No. 11978-G ROBERT ECHTER and LESLIE ECHTER, Husband and Wife, as JOINT TENANTS, ("GRANTOR" hereinafter), hereby grants, conveys and dedicates an open space easement and steep slope preservation 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 and described on Exhibit "B" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTOR conveys a perpetual easement for open space and preservation of steep slopes over, upon, across and under the subject land under the subject land as described in Exhibit "A" and shown and depicted in Exhibit "B". This open space easement and steep slope preservation easement shall remain in perpetuity on the subject property. 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. 11-099 DR/CDP, as said permit was issued by Planning Commission Resolution 2014-30 approved on November 6, 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 activities as are permitted by Case No. 11- 099 DR/CDP, as said Planning Commission Resolution 2014-30 approved on PBD/JDMCovenant\2011.099.drdp.echter.bose.steepslope.covenant Page 1 of 3 November 6, 2014, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Case No. 11-099 DR/CDP for grading and landscaping, it shall not use the subject land for any purpose except to record an easement to preserve open space and to preserve 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 Planning Commission Resolution 2014-30 approved on November 6, 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 1Z,, .202 f OO/6 by R9 ert Echter Dated 22 by Leslie Echter, (Notarization of GRANTOR'S signature is attached.) CITY OF ENCINITAS: I certify on behalf of the City of Encinitas, pursuant to authority conferred by Planning Commission Resolution 2014-30 approved on November 6, 2014, that the City of Encinitas consents and accepts to the making of the foregoing Grant of Open Space Easement and Steep Slope Preservation Easement and consents to recordaUereof uly authorized offi cer. Dated 15/4D�I b by AICP Acting Planning and Building Director (Notarization not required) PBD/JDMOovenant\2011.099.drdp.echter.bose.steepslope.covenant Page 2 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 <�A.4✓L�1�L] }} (� On before me, sJU1A ng4_ R&jms t nzt7LN p*61c C �, a insert name e personally appeared S( ) �c�f t�(� �bQ {�� E(j_LtL/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s r ubscribed to the within inst ent and acknowledged to me that hVshe xecuted the same in hid4fer hei authorized capacity(ies), and that by higlher/ a signatures) on the instrument t e 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. jONNNA RAMOS COMMNI 1071579 '�pp V1 tea? NOTARY PUBLIC CALIFORNIA VJ SAN 0 1Fe0 COUATY `�/���rn u.,a�`� MT COMM.ESP.JULY 77,2018'A \ury Public Signature J Y� (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR CONTLETING TFUS FORM This farm complies with current California.smtraes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT fneeded should be completed and attached to the document Acknowledgments ,frm other states may be completed jor documents being sent to that state so long the wording does not require the California notary to violate California notary 1 V (^ L aw. e a 'ption of adached document)) 7� State and County information must be the State and Cowry where the document signers)personally appeared before the notary public for acknowledgment Itle a P/y�en�M,,a/(� shed d t,,,zzz,,,nnnhhhn .Y1 Date of notarization must be the date that the signals)personally appeared which r'S�1// '�i p� -y5,i�ly 'y� must also be the same date the a is or her name is completed. Number of Pages Document Dat ',�O �V��I�jjt// The notary public must print his or the rune ti a appears within b a or he g r commission followed by a comma and thin your title(mommy public). • print the nmme(s) of docrwem ngnrs(s) who personally appear at the time of notariatmi CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. helshoWlUy,is/are)or circling the correct forms.Fail=in correctly indicate this ❑ 1 ividual (s) information may lead to rejection ofdoawmt recording. ❑ CO orate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a -fj sufficient area permits,otherwise complete a difi'ereot aelmowledgme it form. E) Partn S) • Signature of the notary public must match the signature on file with the office of ❑ A e in-Fact the county cledc Additional information is not required but could help m ensure this ❑ fustee(S acknowledgment is not misused or attached to a different document Other Indicate title Or type of attached document,number of pages and date. F, Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title li.e.CEO,CFO,Secretary). 2015 Version v.!•Jo!aryCiasses.mm, 800-8?3-5865 Securely attach this document to the signed document with a staple. Exhibit `A' OPEN SPACE/ STEEP SLOPE EASEMENT AREA LEGAL DESCRIPTION A PORTION OF LOT 58 OF ENCINITAS TRACT NO. 94-066 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13356 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SEPTEMBER 4, 1996, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 58, ALSO BEING THE TRUE POINT OF BEGINNING, THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 58 SOUTH 01°20'53" WEST A DISTANCE OF 211.07 FEET, TO THE NORTHWEST CORNER OF AN EMBANKMENT AGREEMENT AREA PER DOC NO. 2014-0492125, RECORDED NOVEMBER 12, 2014, THENCE LEAVING SAID LOT 58 BOUNDARY AND CONTINUING ALONG BOUNDARY OF SAID EMBANKMENT AGREEMENT AREA SOUTH 88 036'27" EAST A DISTANCE OF 72.37 FEET, TO THE BEGINNING OF A NON-TANGENT 133.14 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL OF WHICH BEARS SOUTH 58 043'54" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 87.63 FEET THROUGH A CENTRAL ANGLE OF 37 042'35", THENCE NORTH 68 058'40" EAST A DISTANCE OF 30.94 FEET, THENCE LEAVING SAID EMBANKMENT AGREEMENT AREA BOUNDARY,NORTH 62°52'23" EAST A DISTANCE OF 19.33 FEET, TO THE BEGINNING OF A NON-TANGENT 281.03 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL OF WHICH BEARS NORTH 34 047'27" WEST, THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 116.16 FEET THROUGH A CENTRAL ANGLE OF 23 041'00", TO THE BEGINNING OF A NON-TANGENT 74.89 FOOT RADIUS CURVE CONCAVE WESTERLY, THE RADIAL OF WHICH BEARS NORTH 70°42'50" WEST, THENCE NORTHERLY ALONG SAID CURVE A DISTANCE OF 51.77 FEET THROUGH A CENTRAL ANGLE OF 39 036'25", TO A POINT ALONG THE NORTHERLY BOUNDARY OF SAID LOT 58, THENCE ALONG SAID NORTHERLY BOUNDARY NORTH 89 18'50" WEST A DISTANCE OF 258.27 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 41,242 SQUARE FEET OR 0.95 ACRES, MORE OR LESS \oNP ANp s 55 5 CO GAL T JOHN S. COFFEY DATE I *�9r No. 8733 LS 8733 EXPIRES 12/31/2016 OF Page 1 of 1 e_e�514 EXHIBIT •B• PLAT T.P.O.B. N 89-P8'50" W 258.27' / EXISTING / OPEN SPACE EASEMENT w - N 68'58'40" E 0 / D=39'36 25" 0 30.94' k���6 / L=51.77' N N � 0p / R=74.89' \'Vr 72.0' ROAD & 35° N62'52'23"E UTILITY ESM'T. �h2 63 S 88'36'27" E ��C �3'1 4 / 72.37' O MAP 10' �Oq� w�� /13 3 5 6 II-- INGRESS/ LOT 59 EGRESS 4 / EASEMENT / (E) EMBANKMENT AGREEMENT AREA LOT 54 LOT 58 d / RADIAL DATA o�0 31 ^^' / NO. BEARING LENGTH PEDESTRIANS /`� 1Q S58'43'54'E 133.14' �h I EASEMENT '/�/ / Q2 N34'4727"W 281.03' © UTILITY N70.42'50"W 74.89' I � EASEMENT Np l LAND S. CO. p a. 2 III / No. 8733 " W J / F OF CA��F� DRAINAGE EASEMENT ICI / LEGEND 20' WATER LL L 1_L� OPEN SPACE / STEEP SLOPE EASEMENT / EASEMENT AREA INGRESS/ / EGRESS EASEMENT UTILITY EASEMENT JOHN . CO LS 8733 / Hi COFFEY ENGINEERING, INC. OPEN SPACE- STEEP SLOPE EASEMENT PORT/ON OF LOT 58 OF MAP 13356 EXHIBIT "C" RESOLUTION NO. PC 2014-30 CASE NO. 11-099 DR/CDP GRANT OF OPEN SPACE EASEMENT AND STEEP SLOPE PRESERVATION EASEMENT CONDITIONS SCC4 The following restrictions shall apply to the Grant of Open Space Easement and Steep Slope Preservation Easement: a. No development, construction of structures, installation of landscaping, or other land disturbing activities shall occur within the open space easement other than those activities proposed to naturally enhance/restore the open space as approved by the Planning and Building Department Director or those activities associated with fuel modification as provided by the project's Fire Protection Plan (Dudek, September, 2014). b. Any fuel modification within the open space easement shall be conducted outside of the avian breeding season, defined as from February 15 to August 31 of each year, unless a qualified biologist conducts a survey within the easement to determine the presence or absence of nesting bird species. If nesting birds are not found, then fuel modification may proceed within the breeding season. The biologist shall be present during fuel modification activities to ensure California gnatcatchers are not impacted and shall ensure that fuel modification activities are conducted in compliance with the open space easement restrictions and the project's Fire Protection Plan (Dudek, September, 2014). C. Fuel modification within the open space easement shall consist of no greater than 50% thinning. Any trimming of native vegetation shall be no less than 18-inches above the natural grade. d. No invasive plant species, as described in the County of San Diego's Invasive Species List (Appendix I of the County's Water Efficient Landscape Design Manual), shall be planted in the open space easement. The property owner shall be responsible for any necessary removal of non-native invasive vegetation within the open space easement. e. All outdoor lighting shall be directed away from the open space easement. PBD/JDMCovenantt2011.099.drdp.e hter.bose.steepslope.wvenant Page 3 of 3