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
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L.S. 7959
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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.
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VACATED ALLEY--
-——————— —————————— ———
PACIFIC OCEAN �p LAND
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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)