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2017-508371 ► DOC# 2017-0508371 Recording Requested By and y' When Recorded Mail To: ) Oct 31, 2017 04:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk ) SAN DIEGO COUNTY RECORDER FEES $0.00 City of Encinitas ) PCOR: N/A 505 S. Vulcan Avenue ) PAGES: 8 Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT 1 Assessor's Parcel No. Case No. 15-271 TPM/DR/CDP 256-232-24,/ ow Scott L. Glenn, a widower, ("GRANTOR" hereinafter), does hereby grants, conveys and dedicates 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 Exhibits "Al," "A2," and "A3" 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. 15-271 TPM/DR/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. 15-271 TPM/DR/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. (B) That, except as authorized by Case No. 15-271 TPM/DR/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. 15-271 TPM/DR/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 lo--lF)—,, b qSc L. Glenn (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. o Sign for City Encinitas Date Print Name Title A notary public or other oficer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfidness, accuracy, or validity of that document. STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO ) On 2017, before me. C. PAHL, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the p rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certit'v under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. PAHL a Commission N 2146401 No Public-California z San Diego County pu� M Comm. Ex iras r 13,2020 SIGNATURE OF NO IARY PUBLIC. US-DOCS\52621370.1 EXHIBIT "Al LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 1 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02°55'22" WEST, 225.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN, SOUTH 87°28'45" WEST, 283.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN, SOUTH 87°28'45" WEST, 26.32 FEET; THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 08°12'05" WEST, 42.76 FEET; THENCE NORTH 85 044'43" EAST, 8.70 FEET; THENCE NORTH 04°15'18" WEST, 25.45 FEET; THENCE NORTH 86°24'58" EAST, 4.86 FEET; THENCE NORTH 54°07'01" EAST, 8.79 FEET; THENCE SOUTH 12°40'39" EAST, 41.50 FEET; THENCE SOUTH 07°12'27" EAST, 22.98 FEET; THENCE SOUTH 09°57'31" EAST, 9.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,521 SQUARE FEET MORE OR LESS SHEET I OF 3 EXHIBIT "A2" LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 2 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02 055'22" WEST, 225.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN SOUTH 87 028'45" WEST, 173.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN SOUTH 87 028'45" WEST, 11.55 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 11 028'45" EAST, 5.40 FEET; THENCE NORTH 83 023'50" WEST, 12.37 FEET; THENCE NORTH 23°24'23" EAST, 27.96 FEET; THENCE NORTH 66°14'08" EAST, 14.51 FEET; THENCE NORTH 23 045'52" WEST, 14.38 FEET; THENCE NORTH 47°46'57" EAST, 19.35 FEET; THENCE NORTH 34°22'43" EAST, 35.02 FEET; THENCE NORTH 88°51'19" EAST, 14.90 FEET; THENCE SOUTH 25°43'22" WEST, 103.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,023 SQUARE FEET MORE OR LESS SHEET 2 OF 3 EXH I BIT "A3" LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 3 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02°55'22" WEST, 125.00 FEET TO THE NORTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID DEED TO GLENN, NORTH 89°13'40" WEST, 319.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 19°34'21" EAST, 42.17 FEET; THENCE SOUTH 54°07'01" WEST, 6.00 FEET; THENCE SOUTH 86 024'58" WEST, 14.56 FEET; THENCE NORTH 25°07'58" WEST, 49.17 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE SOUTH 89 013'40" EAST, 26.15 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,018 SQUARE FEET MORE OR LESS q �O NDS✓ 44 \A ` �``�� D o SEAN ENGLERT, L.S. 7959 DATE N ti it LS. 7959 OF CAl\F���\P SHEET 3 OF 3 EXFIIBPT 'B" PLAT OF OPEN SPACE EASEMENT SCALE: 1"=60' SIDONIA ST. S02'55'22"W 225.00' o 125.00' 100.00' 0 z N F- 0 (mil M a ° I c QOOV GIIOO° Z 0 o NOTE: d � e ° a�° '00 BEARINGS IN TERMS OF Q R.O.S. NO. 22630. PARCEL 2 10' AREA:2023 S.F. P gRCF a Q r c o ° O r pOe? ) N Q c0 10' oa 7 n o 3 Q Ln ------C--- S r, L1 ro : M N 00 [� m co L11 Q z Qj V d Z ro M p OOL ° s JI wm IL a PARCEL --------- OW 3 AREA: L 3 S.F. o l�1 a r o 7 0 I C14 0 5 PARCEL 1 N T.P.O.B. b I 0 L3 PARCEL 1 N04'15'18'W AREA: 1521 S.F. O1 125.39' OD 00 0) Z 8.03' 16.87' 'n 117.36 ---�--�--�- 238.97' 8,03' I N04'15 1'18"W 247.00' o G3° ` LESStiF9 .j. F < COASTAL LAND SOLUTIONS.INC a LS577 SECOND STFIEEf tD L.S. 7959'' ENCINITAS, CA 92024 .II PH (760) 230-6025 n 9-21-17 FAX (760) 230-6026 SEAN C. ENG RT, L.S. 7959 DATE CAL CLS#1335 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 7lvh {�) 1 (� On 1b � � ' 0 - 11 before me, l UeAC` Date Here Insert Name and title of the Off1cer personally appeared hr,'s�aohe t L• PC gA0S LU Name(s) of Signe ) who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s) Is/�re scribed to the within instrument and ackno ged to me th he/ he/they executed the sL in his/her/their authorized capacity(ies),and that by is/ er/their signat on the instrument the person(s), e entity upon behalf of which the person(s) bcfed, 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. 1'"r ANGELA A. SIMON WITNESS my hand and official seal. Comm.#2182396 MOM vMEN COUW�tlxh $lMx Arco Cam / r'Caw.E°'Ka.Z,MI r Signature Nu AP iC (it 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): J Corporate Officer — Title(s): ❑ Partner — ❑ Limited I 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