2017-219877DOC# 2017 - 0219877
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May 16, 2017 D PM
OFFICIAL RECORDS
Recording Requested By and) Ernest J. Dronenburg, Jr.,
When Recorded Meal TO: SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR N/A
PAGES 6
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
Assessor's P rcel No. 1''1 Case No. 14 -295 CDP
. K� 258 - 172 -19� ,(�
Pacific Crest Apartments, LLC, ( "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. 14 -295 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. 14 -295 CDP, as said permit was issued by Resolution No. PC
2016 -01 of the Planning Commission on January 21, 2016, 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. 14 -295 CDP, as said
permit was issued by Resolution No. PC 2016 -01 of the Planning Commission on
January 21, 2016 or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas.
PBD /AYMCovenant \14 -295 Covenant Bluff Face OS Covenant Page 1 of 5
(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. 14 -295 CDP, as said permit was issued by Resolution No.
PC 2016 -01 of the Planning Commission on January 21, 2016 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.
e7;7_1►1C11:i
Dated C- by
Jamesi er aka J; vn Z.ci+er
Pacific Crest Apartments, LLC
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
I, 9016-121r" Zoi ky --,u, the Interim Engineering and Public Works Director of the City of
Encinitas, by authority conveyed by Resolution No. 2016 -01 adopted by the Planning Commission
of the City of Encinitas on January 21, 2016, have accepted on behalf of the City of Encinitas the
Coastal Bluff Conservation Open Space Easement all rant d hereon. ^
Dated 5-11 Z- 1 1 7 by
_Tq+e. ,, De& e, Ykey;heR
(Notarization not required)
PBDIAY/TTCovenant \14295 Covenant Bluff Face OS Covenant Page 2 of 5
EXHIBIT A
All that portion of the Southerly 100 feet of Block 37 of Encinitas, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 148, filed in the Office of the County Recorder
of San Diego County, June 12, 1883 lying westerly of a line described as follows:
Beginning at the southeast corner of Lot 9 in Block 33 according to said Map 148; thence westerly
along the southerly boundary of said Lot 9 and the westerly projection of said boundary South 83.26'56"
West 210.50 feet to a point on the south line of said Block 37 and the true point of beginning. Thence
the following courses:
1- North 45.00'04" West 1.67 feet
2 - North 09.55'24" West, 2.02 feet
3 - North 54 °25'03" East 1.60 feet
4 - North 30.30'55" East 1.67 feet
5 - North 03.30'39" West 4.50 feet
6 - North 11.07'57" West 4.89 feet
7 - North 00.46'38" West 8.97 feet
8 - North 25.49'02" West 3.97 feet
9 - North 07.36'44" West 2.34 feet
10- North 12'51'12" West 3.03 feet
11- North 42.52'50" West 2.72 feet
12- North 08.07'31" West 6.74 feet
13- North 06.45'46" West 6.06 feet
14- North 25.11'04" West 23.78 feet
15- North 15.05'25" West 12.42 feet
16- North 02.54'36" West 11.44 feet
17- North 04.59'59" East 6.15 feet
to the northerly line of the southerly 100 feet of said block 37.
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EXHIBIT B
SCALE: 7° a 20
EXIST TOP OF BLUFF
TPB - -' �
—' 15 16 17 I
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- - -8 -- 14 --- -- —./
1 3 11 12
1� 4 5 10 13
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DETAIL
0
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3 100
1- North 45'00'04"
West 1.67 feet
2- North 09'55'24'
West, 2.02 feet
3- North 54'25'03"
East L60 feet
4- North 3010'55'
East 1.67 feet
5- North 03'30'39'
West 4.50 feet
6- North 11'07'ST
West 4.89 feet
7- North 00'4638'
West 8.97 feet
8- North 25'49'02'
West 3.97 feet
9- North OT36'44'
West 2.34 feet
10- North 12'51'12'
West 3.03 feet
11- North 42'52'50'
West 2.72 feet
12- North 08'07'31'
West 6.74 feet
13- North 06'45'46"
West 6.06 feet
14- North 25011'04'
West 23.78 feet
15- North 15'05'25'
West 12.42 feet
16- North 02'54'36'
West 11.44 feet
17- North 04059'59' East 6.15 feet
TEgsLAND
URVEYING, INC.
700 -MS -9122 WA59/RWY.CCM
Page 2 of 2
STATE OF NEVADA )
)ss
COUNTY OF CLARK )
On this, the3(ray of March, 2017, before me a notary public, the
undersigned officer, Jim Zeiter, personally appeared and is known to me (or
satisfactorily proven) to be the person whose name is subscribed to in the
attached instrument, and acknowledged that he executed the same for the
purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
F )O"( x{014 (Notary Stamp)
Notary Public jTATE WR"
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NEVADA commission expires 0112 5 ID Eow. o
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This notary page to be attached to: Grant of Costal bluff Conservation Open Space Easement