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
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* � 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]
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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