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2017-431841 DOC# 2017-0431841 Recording Requested By and When Recorded Mail To: ) Sep 20, 2017 04:45 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.. SAN DIEGO COUNTY RECORDER FEES: $0.00 City Clerk ) PCOR: N/A PAGES 6 City of Encinitas ) 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 Assessor's Parcel No. 259-590-31V Bldg. Permit No. 17-1506 Grading Permit 13378-SG 1� (� Jeffrey R. Woodcock and Michele C. Woodcock, Trustees of the Jeffery R. Woodcock and (f Michele C. Woodcock Family Trust dated April 12, 1993, ("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 Grading Permit 13378-SG, 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 Grading Permit 13378-SG, 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. T:\COVENAM12016\2017.1506.BP.ose.cov.doc - (B) That, except as authorized by Grading Permit 13378-SG, 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 Grading Permit 13378-SG 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: (::p Dated C? i 3 by Woo oc , Tru tee Dated �3 I by riele C. d k, Trustee (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 94-107 of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated W�Jl 7 by (Notarization is attached.) Rob Z".no for nter m Ci k eer PLEASE SEE ATTACHED CALIFORNIA T:\COVENAN 112016\2017.1506.BP.ose.cov.doc 0 JURAT ACKNOWLEDGEMENT EXHIBIT "A" DESCRIPTION PORTION OF PARCEL 4 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO.15211, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 20, 1988 BEING DESCRIBED AS FOLLOWS BEGINNING AT NORTHEAST CORNER OF SAID PARCEL 4; THENCE SOUTH 36°40'08" WEST 29.07 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 36 040'08" WEST 161.35 FEET, THENCE NORTH 74°51'40" WEST 40.00 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL, THENCE ALONG THAT CERTAIN RECORD BEARING OF SAID PARCEL NORTH 15°08'20" EAST 15.56 FEET TO THE BEGINNING OF A NON-TANGENT 36.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (A RADIAL TO WHICH POINT BEARS SOUTH 06°53'34" WEST), THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 62°44'05" 39.42 FEET ALONG THE ARC OF SAID CURVE, THENCE NORTH 34°09'29" EAST 14.00 FEET TO THE BEGINNING OF A TANGENT 175.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 25 044'21" 78.62 FEET ALONG THE ARC OF SAID CURVE TO THE BEGINNING OF A REVERSE TANGENT 175.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 13°02'25" 39.83 FEET ALONG THE ARC OF SAID CURVE (A RADIAL TO WHICH POINT BEARS SOUTH 43°08'35" EAST)TO THE TRUE POINT OF BEGINNING. CONTAINING 3467 SQUARE FEET(0.080 ACRES) EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PAUL E. GOEBEL PAUL E. GOEBEL, PLS 8486 LS 8486 DATE: 9TF � CA��F PASCO LARET SUITER OPEN SPACE EASEMENT &ASSOCIATES PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2682 SHEET 1 OF 2 EXHIBIT "B" PLAT PARCEL 1 / / PARCEL 2 / POB / S 43°08'35" E LR) o� PM NO. 15211 TPOB PARCEL 4 R=175.00' L=39.83' PARCEL 3 D=13°02'25" R=175.00' L=78.62' 1 \ D=25°44'21" mob N 34 009'29" E 14.00' \ R=36.00' L=39.42' ° D=62°44'05" � S 06°53'34" W R�_ (N 15-08"20" E 18.70') \ - HATCHED AREA INDICATES EASEMENT FOR OPEN SPACE 15.56' PURPOSES (N 74°67, q0„W 4p Op LEGEND PROPERTY LINE ------------ EASEMENT LINE ADJOINING PROPERTY LINE ( ) RECORD DATA PER PM NO. 15211 N SPACE PASCO LARET SUITER SCALE = 1" = 20' E O EASEMENT &ASSOCIATES PH,858.259.8212 PLSAENGINEERING.COM PLSA JOB NO. 2682 s SHEET 2 OF 2 ACKNOWLEDGMENT 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 California County of On< ' e—Le I` �o I7 before me, 1�1�� Q�—(+ �-- ° Notary Public (insert name and title of the.officer) personally appeared F .r / Gn Woo CoC fC �QC'I t e On 5;� who proved to me on the basis of satisfactory evidence be the person(" ose name(s) i are subscrib o the within instrument and acknowledged o me that he/s he executed the same in 9 Y his/he heir authorized capacity(ies), and that`by his/her eir 'gnature a 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. WITNESS my hand an clal seal FARIVAR RAZMAZMA Commission #2051940 Notary Public -California n Los Angeles County MWV Comm.Expires Dec 15,2017+ Signature `—L (Seal) 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 California ) County of c7� On q — \ O— before me, n q°1( Ii aiMCk, N)O Date -� J Here Insert Name and Title of the Officer personally appeared 1 -177 f�t ✓) Name(s) of Signerls) who proved to me on the basis of satisfactory evidence to be th whose name(s)(/is/are scribed to the within instrument and ackno ged to me that he -he/they executed the sfinfe in his/her/their authorized capacity(ies), and that b his/her/their signature s)on the instrument the person(s), entity upon behalf of which the person(s)act-6d, 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. ANGELA A. S" WITNESS my hand and official seal. Corr.$210% woo � SA c,,r rrcaw.Fxn.Iw. Signature .2.20n S' nature 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: Number of Pages: Document Date: 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: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907