2017-128352 5 Recording Requested By and) DOC# 2017-0128352
When Recorded Mail To:
Mar 21, 2017 04:18 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $0.00
City Clerk ) PCOR N/A
City of Encinitas ) PAGES: 5
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
10 Assessor's Parcel Building Permit No. 16-2796 and 2797
` No. 216-100-28 y Grading Permit No. 13160-G
7Z�� ;w�_ Case No. 15-319 DR/CDP
Keith Kelly and Claire Chateauneuf, Husband and Wife as community 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. 15-319 DR/CDP, Building Permit Nos.16-2796 and
16-2797 and Grading Permit No. 13160-G. 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 15-319
DR/CDP, Building Permit No. 16-2796 and 16-2797 and Grading Permit 13160-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.
PBD\W M:\Covenant\2016-2796.bp.ssosesmt 1
(B) That, except as authorized by Case No. 15-319 DR/CDP, Building Permit Nos. 16-
2796 and 16-2797 and Grading Permit 13160-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 Case No. 15-319 DR/CDP, Building Permit Nos. 16-2796 and 16-2797 and
Grading Permit 13160-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 r e J t by
Keith Kelly ATTACHED FORM FOR
(Notarization of GRANTOR'S signature is attached.) NOTARY CERTIFICATE
Dated by
Clair Chateauneuf
(Notarization of GRANTOR'S signature is attached.) EE ATTACHED FORM FOR
NOTARY CERTIFICATE
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 7i�Z3�� by 400AX�
—T� Paul Malone,
(Notarization is attached.) Interim Public Works Director
PBD\W M:\Covenant\2016-2796.bp.ssosesmt 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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of 5AU _DIEGO J}
On )9 TC5 2017 before me, Cq/t cL i rzf u �ESfNDE� �OT�2v yU3l ��
Date Here Insert Name ntl Ttle of Me Oe er
personally appeared K T I f 1{t LL y AND C' A t RC C/{H7-Ef1 liJ FU F
Names)of Siguens)
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
CandetarrReve : capacity(ies), and that by his/her/their signature(s) on the
Ca,.t.#2099ee2 instrument the person(s), or the entity upon behalf of
Notary PubrK-Corfomto : which the person(s) acted, executed the instrument.
Son Diego County
a Comm expiresFeb.12,71119 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 sea/l.��
Signature P� �
Place Notary Seal Above Signature of Notary Public v
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: G2✓f A/T nF "Tt�PE PQt SEQUFTrbrll OPZN �5'iD/K:E ASEMtAIT
Document Date: /R Few 20/7 Number of Pages: !AGES
Signer(s) Other Than Named Above: NO&C
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): — Corporate Officer—Title(s):
- Partner—Ll Limited - General _ _ - Partner—Li Limited ❑ General
• - Attorney in Fact
- Attorney in Fact y
Trustee Top of thumb Here _Trustee Top of thumb here
Guardian or Conservator -: Guardian or Conservator
- Other: - Other:
Signer Is Representing: Signer Is Representing:
C 2007 National Notary Association•93`0 De Soto AV PO. O 2402•Chatsvorih,CA91313-2402-w NationalNMry.org Item#5907 Reorder:Call T011-Free t-8068]6-682]
EXHIBIT "A"
LEGAL DESCRIPTION OF OPEN SPACE EASEMENT
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY AS CONVEYED BY DEED GRANTED TO THE STATE OF
CALIFORNIA RECORDED ON JUNE 30, 1954 IN BOOK 7769, PAGE 506 OF
OFFICIAL RECORDS, AND AS DEPICTED ON RECORD OF SURVEY NO. 19723
FILED IN THE COUNTY RECORDER OF SAID COUNTY ON JUNE 8, 2007,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34 AS
SHOWN AND DEPICTED ON SAID RECORD OF SURVEY NO. 19723; THENCE
ALONG THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, SOUTH 1°00'47"
EAST 251.18 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND
DESCRIBED IN DEED TO LEE. R. TERRY ET, UX, RECORDED ON JUNE 21, 1951
IN BOOK 4143, PAGE 347 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID TERRY LAND, NORTH 37°55'30" WEST,
161.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
TERRY LAND, SOUTH 9 046'37" EAST 21.04 FEET; THENCE SOUTH 20°55'19"
EAST 15.25 FEET; THENCE SOUTH 23°35'51" WEST 28.76 FEET; THENCE
SOUTH 27 02'30" WEST 23.85 FEET TO THE NORTHEASTERLY LINE OF LAND
DESCRIBED IN DEED TO MELBOURNE E. WHEELER, ET UX, RECORDED ON
JUNE 28, 1951 IN BOOK 4151, PAGE 405 OF OFFICIAL RECORDS; THENCE
ALONG SAID WHEELER LAND, NORTH 37 055'30" WEST 42.61 FEET; THENCE
LEAVING SAID WHEELER LAND, NORTH 29°11'26" EAST 8.49 FEET; THENCE
NORTH 11 038'37" WEST 34.39 FEET; THENCE NORTH 46°11'13" WEST 38.43
FEET: THENCE NORTH 49 02'36" WEST 29.23 FEET; THENCE NORTH 8°33'49"
EAST 31.80 FEET; THENCE NORTH 16°40'35" WEST 22.68 FEET; THENCE
NORTH 38 019'33" WEST 14.13 FFET TO THE NORTHWESTERLY LINE OF THE
PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 25, 2007 AS DOCUMENT NO. 2007-0625407 OF OFFICIAL
RECORDS; 'THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 26°19'25"
EAST 20.21 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL AND
A POINT ON THE SOUTHWESTERLY LINE OF SAID TERRY LAND; THENCE
ALONG SAID SOUTHWESTERLY LINE, SOUTH 37 055'30" EAST 152.47 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINS 7,594 SQUARE FEET MORE OR LESS.
SEAN GLERT, L.S. 7959 DATE
COASTAL. LAND SOLUTIONS, INC. `!' L.S. 7959~
�P
��OFCAI�FOP�/
]SIT W SCALE: 1 "= 60'
PLAT OF OPEN SPACE EASEMENT
LEKIEM
I
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING ��60
OPEN SPACE EASEMENT
AREA = 7,594 S.F. 4IA FA%Wy @ON
NORTHEASTERLY
CORNER OF R3 -
G°30O GIOO o o�N� NE CORNER
S 1/2. SW 1/4, SW 1/4 '
SEC. 34 T12S, R4W, IV)
NORTHWESTERLY =� m� o�j SBM N
LINE OF R3 a rn �Y//
Ln 3
s0 N
49 G°34M9, �C3tvil ��� /� s 3
"R1" INDICATES DEED TO LEE R. op
TERRY ET, UX, RECORDED ON s
JUNE 21, 1951 IN BOOK 4143, 1 F'9y,
PAGE 347 OF OFFICIAL RECORDS. Q� �pp� O�
q w
"R2" INDICATES DEED TO ��l7 / •0 P� IZ o
MELBOURNE E. WHEELER, ET UX,
RECORDED ON JUNE 28, 1951 IN o� �j! '�� 6�"�a
BOOK 4151, PAGE 405 OF oAl si roL
OFFICIAL RECORDS. lJ� p� ' gyp, IN
"R3" INDICATES CERTIFICATE Of
COMPLIANCE RECORDED SEPTEMBER 3�. 41
25, 2007 AS DOCUMENT NO.
2007-0625407 OF OFFICIAL L=19.33' °
RECORDS. °'.
� A=36'54'43"'
m
LINE TABLE R=30.00' 3 3 r
LIN LENGTH BEARING :t
L1 21.04' N09'46'37"W L=31.29' °oo o w�
L2 15.25' N20'55'19"W o=89'38'50" o
L3 28.76' N23'35'51"E R=20.00' z z ch w
L4 23.85' N27'02'30"E Z
15 8.49' N29'11'26"E 79 88' EnO
L6 34.39 N113837 W GAUPOR
L7 38.43' N46'11'13"W STREET o,
L8 29.23' N49'02'36"W (FORMERLY °-
19 31.80' N08'33'49"E DIANA AVE.)
L10 22.68' N16'40'35"W
111 14.13' N38'19'33"W LAND
L ES `E/
COASTAL LAND SOI UnONS.INC. �^
LS577 SECOND STREET , f LS. 7959
ENCINITAS, CA 92024 7 l - 2
PH FAX((760)23300-66602 AN 6 _
SEAN C. ENGGER T, L.S. 7959 DALE Q� CAL1F
CLS#1228