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2017-521421 1 ' DOC# 2017-0521421 Illill 11111 l 1111 11111 ll ll 111111 1111 l 11111 ll 111 11111 illll 11111 lill 1111 Nov 07, 2017 04:57 PM Recording Requested By And ) OFFICIAL RECORDS f/ When Recorded Mail To: ) Ernest J.COUNTY RE, O SAN DIEGO COUNTY RECORDER FEES. $0.00 PCOR: N/A PAGES, 8 City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE GRANT OF COASTAL BLUFF CONSERVATION OPEN SPACE EASEMENT Assessor's Parcel No. Case No. 16-139 CDP 258-042-24 ✓ Building Permit V. 17-1094 Encinitas 5, 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 "B1" attached hereto and as shown on Exhibit "B2" 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. 16-139 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. 16-139 CDP, as said permit was issued by Resolution No. PC 2017-02 of the Planning Commission on February 16, 2017 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. 16-139 CDP, as said permit was issued by Resolution No. PC 2017-02 of the Planning Commission on February 16, 2017 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. DSD/JDMCovenant12017.1094.en .bluff.bose.mv Page 1 W2 (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. 16-139 CDP, as said permit was issued by Resolution No. PC 2017-02 of the Planning Commission on February 16, 2017 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 /D N I1 by �'„� v •b 5 GGe (Mc, 7c�> Tr e (Notarization of GRANTOR'S signature ' a ed.) CITY OF ENCINITAS: This is to certify that the interest in real property 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� by Fran c Belock Interim City Engineer (Notarization is attached.) DSD/JDM Cownan02017.1094.ence.bluff.bme.mv Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION OF ENCUMBERED PROPERTY LOT 5 IN BLOCK 47 OF MAP 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. ALSO, ALL THAT PORTION OF THE WESTERLY HALF OF FIFTH STREET ADJOINING SAID LOT ON THE EAST AND THAT PORTION OF THE EASTERLY HALF OF THE ALLEY ADJOINING SAID LOT ON THE WEST AS VACATED AND CLOSED TO PUBLIC USE ON DECEMBER 4, 1913 BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED IN BOOK 34, PAGE 76 OF SUPERVISORS RECORDS. EXCEPTING THEREFROM THAT PORTION IF ANY HERETOFORE OR NOW LYING BELOW THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN. LAND SU9 SEAN NGLERT, L.S. 7959 DATE �`` �ZPPLES FtiF�o COASTAL LAND SOLUTIONS, INC. a �< 9 ug s N L.S. 7959 {y T} ��C CAl1F " EXHIBIT "B1 " LEGAL DESCRIPTION OF OPEN SPACE EASEMENT THAT PORTION OF LOT 5 IN BLOCK 47 OF MAP 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 SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 5, SOUTH 83°14'03" WEST, 62.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 31°54'17" WEST, 3.73 FEET; THENCE NORTH 32°14'26" WEST, 2.92 FEET; THENCE NORTH 35°17'30" WEST, 6.06 FEET; THENCE NORTH 35°11'59" WEST, 7.71 FEET; THENCE NORTH 36°23'45" WEST, 4.06 FEET; THENCE NORTH 30°37'59" WEST, 4.63 FEET; THENCE NORTH 28°27'42" WEST, 4.05 FEET; THENCE NORTH 23°55'48" WEST, 7.32 FEET; THENCE NORTH 24 018'58" WEST, 6.35 FEET; THENCE NORTH 21°55'58" WEST, 7.68 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING THE POINT OF TERMINUS. TOGETHER WITH THE EASTERLY HALF OF THE ALLEY ADJOINING SAID LOT 5 ON THE WEST AS VACATED AND CLOSED TO PUBLIC USE ON DECEMBER 4, 1913 BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED IN BOOK 34, PAGE 76 OF SUPERVISORS RECORDS. CONTAINS 1798 SQUARE FEET MORE OR LESS. LAND LES m SEA . ENGLERT, L.S. 7959 DATE "' L.S. 7959 COASTAL LAND SOLUTIONS, INC. �4�Q' CA4 EXHIBIT 'B2" SCALE: 1"= 30' LBCHqD PLAT OF OPEN SPACE EASEMENT ® OPEN SPACE EASEMENT AREA = 1,798 S.F. I ml cm e e P.O.C. POINT OF COMMENCEMENT LOU �� �OQ �� P.O.T. POINT OF TERMINUS T.P.O.B. TRUE POINT OF BEGINNING NOTE: BOUNDARY DIMENSIONS DEPICTED HEREON ARE PER AN EVIDENCE FIFTH STREET ° BASED BOUNDARY SURVEY THAT WAS PERFORMED IN AUGUST, 2017. N06'34'40"W 50.01' zcnw O F °° o 0 F- 0 ce0 °° au- > P.O.C. Qdoc�a 4a IOU g N O <0 4 O O N O O N '0200 ^ c0 3 O (OM r` 4 4C ^ ?i(O r, N O N 0333330 Do t ri 33� Nmr� � � w 00 � 't N o 'a) 000'004-� h r1 r) 0 °O M N N n 03 U-) h i V o O ' 0Z n :t N C4 O N N Z Z w r w 0 o m ° N a O n L0 in N N n a r H r O ry 00 n N7 a0 z z o 4O6'34'40"W 50.12' VACATED ALLEY-- -——————— —————————— ——— PACIFIC OCEAN �p LAND LES COASTAL LAND SOLUTIONS,INC. n LS577 SECOPD STREET N L.S. 7959" ENCINITAS, CA 92024 {= T� FAX((760)12230-62526 1 (S !7 pp4� � SEAN C. NGLERT, L.S. 7959 DATE OF CAS CLS#1475 Acknowledgment State of Utah ) County of a� On this day of in the year 20L-�, before me, fkMIQUAD a notary ate month year notary blic name public, personally appeared 71!011 1-V WG proved on the basis of satisfactory me of document signer evidence to be the person(s)whose name(s) (is/are)subscribed to this instrument, and acknowledged (he/she/they)executed the same. Witness my hand and official seal. ®TAMMY LYNN WILLWM NOTARY ruMX STAT£ F UTAH MY C—FaµYry i!,2018 (notary signs e) (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 �1 ICAO O(�� On L CI- �1_" before me, 1�tNae 1A 14 J10 1� �IO Y V �J k III , Date 1 ere Insert Name and *e of the Officer personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be th erson(s) whose name( i re scribed to the within instrument and ackno ged to me that e/ he/they executed the s3rtfe in his1her/their authorized capacity(ies), and that b his/ er/their signature s)on the instrument the person(s), r the entity upon behalf of which the person(s) ed, 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. �y ANGELA A. SIMON WITNESS my hand and official seal. Q a xo0vu.124 3a SM OWN Coum �'a.or• Yr Caw,Ev.Wm.t.W Signature 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: 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 NOTARY SEAL CERTIFICATION (Government Code 27361.7) 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:� �� Y/7/� Commission Number: Commission Expires: I ll County Where Bond is Filed: Manufacturer or Vendor Number: '22ZL (Located on both sides of�he notary seal border) Signature: , rl�� - - Firm Name (if licable) Place of Executior�� Date:/// l�l Re Form #R10.1 (Rev.3/15/16)