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2017-117356 DOC# 2017-0117356 Recording Requested When Recorded Mal Toy By and) Mar 14, 2017 04:18 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.. SAN DIEGO COUNTY RECORDER City Clerk ) FEES.PCOR: NOAO City of Encinitas ) PAGES s 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 ' 1\\ Assessor's P cel No: Case No. 14-209 TPM/DR/CDP C' 262-080-17 Madelyn J. Chaber, a widow, as her sole and separate property, ("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. 14-209 TPM/DR/CDP, 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 Case No 14-209 TPM/DR/CDP, 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. (B) That, except as authorized by Case No. 14-209 TPM/DR/CDP, it shall not use the subject land for any purpose except as open space and to permanently maintain the steep slopes. PBD\\TGM:\T\Covenant\2017.14-209.tpmdredp.ssosesmt I (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. 14-209 TPM/DR/CDP 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 olb and uc ssors and assigns. GRANTOR: Dated ��� /� 7-z Madelyn J. Cha r (Notarization of GRANTOR'S signature is attached.) CITY OF ENCINITAS: This is to certify that the interest in real property, as shown on attachment Exhibit "B", 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 2016-58 of the City Council of the City of Encinitas adopted on October 20, 2016 and the grantee consents to recordation thereof by its duly authorized officer. Dated by 141, , Paul alone, (Notarization is attached.) Interim Public Works Director PBD\\TGM:\T\Covenant\2017.14-209.tpmdredp.ssosesmt 2 A notary public or other officer cpmpleting this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, Acknowledgement accuracy,or validity of that document. State of California ) County of Span Diego ) On %� n 1/nV W,11 20 17 before me, A. O'Loughlin, a notary, personally appeared y v u ,A who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OFFlCIAL SEAL `m'. m.y.. NOTAHIPUB�6CgLIFORNIA� SAN DIEGO CO t MY fbMM.EXP.OCi 72.2018 Signature A.O'Loughlin(NOTARY) (SEAL) Additional (Optional) Information: ` Title of Document: J �j elZ9�i Tx �{IVt Number of pages 2 Other Signer(s) Her EXHIBIT A OPENSPACE EASEMENT LEGAL DESCRIPTION PARCEL 1: A PORTION OF THE NORTHERLY 210.00 FEET OF THE SOUTHERLY 360.00 FEET OF THE EASTERLY 210.00 FEET OF THE WESTERLY 920.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 360.00 FEET WITH THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF AFOREMENTIONED SOUTHEAST QUARTER;THENCE WESTERLY ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 360.00 FEET, NORTH 89 008'38" WEST 78.63 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 01°37'44" EAST, 18.81 FEET; THENCE SOUTH 03 042'04"WEST, 27.29 FEET; THENCE SOUTH 07°09'40" EAST, 9.18 FEET; THENCE SOUTH 31°43'26" EAST, 20.54 FEET; THENCE SOUTH 15 055'06" EAST, 26.43 FEET; THENCE SOUTH 01 015'32" EAST, 26.43 FEET; THENCE SOUTH 09°05'26" EAST, 11.08 FEET; THENCE SOUTH 26 009'16" EAST, 36.17 FEET; THENCE SOUTH 46 030'13" EAST, 7.18 FEET; THENCE SOUTH 76 034'33" EAST, 5.52 FEET; THENCE SOUTH 52°29'46" EAST, 7.45 FEET; THENCE SOUTH 46 016'43" EAST, 9.23 FEET;THENCE SOUTH 31 046'55" EAST, 18.88 FEET;THENCE SOUTH 89°07'03" EAST, 6.20 FEET, TO SAID EASTERLY LINE OF AFOREMENTIONED WESTERLY 920.00 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00 052'57" EAST, 200.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" _ _ L1 NORTHERLY LINE OF THE L2 1 SOUTHERLY 360.00' L3 L4 0 I to �Q L5 I N FICA �p L6 w � O L7 N 0 to W O O J 01 L8 z rr Q� of uj -J r L10 d ���O� L11 L12 L13 L14 L15 LINE DATA TABLE LINE DATA TABLE BEARING DIST. BEARING DIST. L1 N 89'08'38" W 78.63' 1 L11 IS 76'34'33" E 5.52' L2 S 01'37'44" E 18.81' L12 S 52'29'46" E 7.45' L3 S 03'42'04" W 27.29' L13 S 46'16'43" E 9.23' L4 S 07'09'40" E 9.18' L14 S 31'46'55" E 18.88' L5 S 31'43'26" E 20.54' L15 S 89'07'03" E 6.20' L6 IS 15'55'06" E 1 26.43' L7 S 01'15'32" E 26.43' LEGEND N L8 S 09'05'26" E 11.08 P.O.B.- POINT OF BEGINNING L9 S 26'09'16" E 36.17' L10 S 46'30'13" E 7.18' EASEMENT AREA DESCRIBED IN EXHIBIT "A" 11,528.63 SQ. FT. RANCHO COASTAL ENGINEERING & SURVEYING 40 20 0 40 80 SINGLE SOURCE DEVELOPMENT CONSULTANT 310 S. TWIN OAKS VALLEY RD., #107-297 SAN MARCOS, CA. 92078 SCALE IN FEET 11(760) 510-3152 Ph / (760) 510-3153 Fox SCALE: 1" = 40' 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 Califo�nIa ) County of n DieaD ) On M JO[3 before me, �� �YIGG!/7N� /r' /Z1 ��C, Date Here Insert Name and fitle of the O icer personally appeared E�/u�a�c( W DPAe -7T- 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. Commssion No 2067518 0 NOTARY PUBLIC CALIFORNIA r SAN DIEGO COUNTY Signature VCWMN=E*=Mrjq,2M$ 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 — _I Limited General Partner — ❑ Limited C General - Individual C Attorney in Fact Individual ❑Attorney in Fact Trustee C Guardian or Conservator -Trustee L Guardian or Conservator L Other: - Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907