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2017-334735 DOC# 2017-0334735 Recording To and Recorded Mail When Jul 25, 2017 02:50 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $0.o0 _ City Clerk ) PCOR. N/A City of Encinitas ) PAGES: 6 505 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 y� Assessor's Vrcel No. Case No. 16-072 MIN/CDP 258-141-12 Bldg. Permit No. 17-612 Shanna Johnson, Trustee of the Gerda Geldern Life Trust, dated April 27, 2015, ("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. 16-072 MIN/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. 16-072 MIN/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. DSD\JAD\T:\COVENANT\2016\2016.072.mincdp.hobbyshed.bose.cov.doc - (B) That, except as authorized by Case No. 16-072 MIN/CDP, 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. 16-072 MIN/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 owner and its successors and assigns. GRANTOR: Dated 2 by ' anna Johnson ;RP/�7Z�7 (Notarization of OWNER 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 /u by Frank Belock (Notarization is attached.) Interim City Engineer DSD\JAD\T:\COVENANT\2016\2016.072.mincdp.hobbyshed.bose.cov.doc - EXHIBIT "A" STEEP SLOPE EASEMENT LEGAL DESCRIPTION Being a portion of the southeast quarter of the northeast quarter of section 15, township 13 south, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas county of San Diego, Sate of California, according to United States Government Survey approved April 19, 1881 and as shown on Record of Survey 2385 being on file in the Office of the County Recorder of said County January 30, 1950 and being a retracement survey as shown on Corner Record 37978, being on file at the Office of the County of San Diego Surveyor's, more particular described as following: BEGINNING at the southeast corner of said Comer Record; Thence, westerly along the southerly boundary line of said Corner Record North 880 55'50'West (North 890 39'52'West per Record of Survey) 123.18 feet; Thence, leaving said southerly boundary line North 00°03'13"East 80.28 feet; Thence, South 85 053'05"West 53.90 feet; Thence, North 16 040'25"West 54.11 feet to a point on the northerly boundary line of said Comer Record; Thence, easterly along said northerly boundary line of said Corner Record South 88055'50"East (North 890 39'52"West per Record of Survey) 195.86 feet to the northeast corner of said Comer Record. Thence, southerly along the easterly boundary line of said Comer Record South 01033'38"West (South 00 05014"West per Record of Survey) 75.26 feet to the POINT OF BEGINNING. Said parcel of land contains 18, 889 square feet, more or less p�S\Za 4 w�TG9F� * � EXPIRES N No.5819 \� 9�OF CAS Page 1 of 1 EXHIBIT "Bn SHEET I OF I LEGEND INDICATES STEEP SLOPE EASEMENT. GROSS AREA: 18,889 S.F. AO 30' WIDE ROAD EASEMENT AS SHOWN ON ROS 2385 [I. . RECORD DATA PER ROS 2385 CL. . INDICATES STREET CENTERLINE POB. . POINT OF BEGINNING cj [N 89°39'52"WI _ N 88 055'50"W 430.00' 0 ° 234.14' 195.86' °• 0 w O N 16 040'25"W 54.1 1' "r N 85°53'05"E 53.90' — ° 0 0 N 00003'1 YE 80.28' °o 306.82' /123.18'/ ,/,/ ° N 88 055'50"W 430.00' [N 89°39'52"W] O POB O Q w c p I <c z U a U PLAT TO ILLUSTRATED A LEGAL DESCRIPTION FOR WALTER8 LAND SURVEMG 1807 SOUTH NEVADA STREET STEEP SLOPE EASEMENT TO THE CITY OF ENCINITAS OCEANSIDE, CALIFORNIA 92054 653 CAMINO EL DORADO, ENCINITAS, CA 92024 (760) 722-1200 A.P.N.: 258-141-12-00 JOB NUMBER: 215353 SCALE: I"=100' DATE: 6-28-2017 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 Cali rnia ) County of ) On a'A be ore me Date Her—e-1y0r`ss-_eerrt Na and Title of th O 'cer personally appeared �RCI a -�_.) D\ _1ED�n 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 DEANA GAY is true and correct. Commission M 2037575 WITNESS my ha and official seal. -� Notary Public-California Z San Diego County M Comm.Ex ires Aua 23,2017 r Signature Signature of Nota lic 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 — Titie(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: 02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 Cal' rnia ) County of C� ) On 01_19120_4 be re me, Date Here Insert Na nd Title of the Offic r personally appeared �3x1�C. i�re\po 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. DEANA GAY Commission*2037575 WITNESS m and and official seal. i :-: Notary Public -California Z San Diego County M Comm. es Aug 23 2017+ Signature Signature of Notary P 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 — ❑ 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: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907