2017-521404 ' DOC# 2017-0521404
111111 Bill 11111 11111 1111 111111 11111 11111 hill 11111 11111 11111 1111 1111
Recording Requested By and ) Nov 07, 2017 04:39 PM
When Recorded Mail To: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0 00
PCOR. N/A
City Clerk ) 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 OPEN SPACE EASEMENT �.7� ��
C Assessor's rcel No. Case No. 14-111 TMDB/MUP/DR/CDP
260-182-17 Pa Grading Permit No. 13122-G
New Pointe Investment 37, LLC„ a California Limited Liability company ("GRANTOR" hereinafter)
is the owner of real property which is commonly known as 1412, 1416, 1420, 1424, 1428, 1432,
1436 and 1440 Mackinnon Avenue, ("PROPERTY" 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 attached hereto and as
described on Exhibit "A" and 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 "Open Space", for storm water treatment purposes and a limited
pervious paver recreation area, as shown on Grading Permit No. 13122-G No building,
structure or other thing whatsoever shall be constructed, erected, placed or maintained on the
subject land, nor shall grading be performed, except as permitted as part of Case No. 14-111
TMDB/MUP/DR/CDP (CC Resolution No. 2016-47). Said permit may be hereinafter amended
or modified pursuant to the Municipal Code of the City of Encinitas. The open space easement
is defined as follows:
(A) "Open Space" is defined as Lot 10 as shown on Exhibit "B". The area is intended to be
utilized as a storm water treatment area with a pervious paver picnic and recreation
area.
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,
DSD\\t:\Covenmt\2014.1 I I.osesmt.covenant cover 1
construction, placement, or maintenance of any building or structure or other thing
whatsoever on the subject land, nor shall grading be performed, except as allowed
in as part of Case No. 14-111 TMDB/MUP/DR/CDP, CC Resolution No. 2016-47, or
as said permit may be hereinafter amended or modified pursuant to the Municipal
Code of the City of Encinitas
(B) That, the "Open Space", and as shown on attachment Exhibit "A" shall not be used
for any purpose except as open space as described in No. 1 above.
(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.
(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, except as
provided for under Section 1A above. 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
GRANTOR and its successors and assigns.
GRANTOR:
Dated �G�l ,l 7 by
ew P ' to I est , 37,
C., A mia Limited
Liability Company
(Notarizations of GRANTORS'signatures is attached.)
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 D/7 by
/Chris Magdosku,
(Notarization is attached) City Engineer
City of Encinitas
DSD\\t\Covenant\2014.11 LosesmLCOVenant cover 2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 San jo li gpq) 1 _ Q L (�
On �(� aU � } before me, �Y'1'C1l�lS� Y)' �jGn f-On
� ere insert name an ti0e of me oincep I 1
personally appeared Scot
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. r•�
PA EIIWRI t
NESS my hand and official seal. COMM.XH68173 �
NOTARY ROLK.CAL —
SAN DIEGO COUNTY
i y txmr�E w.s aaoer,a amo
Notary Pub Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS srxUCTto FOR COMPLETING THIS Fox
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages_Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forts(i.e.
ha/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title sufficient area permits,otherwise complete a different acknowledgment form.
El Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
F-1 1 Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CFO,CFO,Secretary).
`ti 1 S lV U, ` • Securely attach this document to the signed document with a staple.
a�sic^vr,..... atar,Classesccro BC..-_., .,-98ti5 y
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' is )
County of P )
On U ' b(o- ` befo me,
Date Here Inse Nam d Title of the Office
personally appeared
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 WITNESS my nd nd official seal.
COMM.#2206986 D
Z SAN DIEGO COUNTY D
QQq NOTARY PUBLIC-CALIFORNIAZ Signature
MY COMMISSION EXPIRES "' Si nature of Nota Public
AUGU ST 23,2021 g ry
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
EXHIBIT "A"
DESCRIPTION - OPEN SPACE
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22,
TOWNSHIP 13 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 10, 1881, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 5 OF OCEAN CREST ESTATES, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO
4999, FILED IN THE OFFICE OF THE COUNTY RECORDER,JUNE 27, 1962;THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 5,NORTH 89°57'46"EAST 80.38 FEET(NORTH 89°12'11"
EAST-MAP 4999);THENCE LEAVING SAID SOUTHERLY BOUNDARY,SOUTH 9°06'13"EAST 70.06
FEET;THENCE NORTH 89°55'55"E 126.96 FEET;THENCE SOUTH 0°39'55"WEST 14.00 FEET;
THENCE SOUTH 89°55'55"WEST 124.56 FEET;THENCE SOUTH 9°06'13"EAST 70.07 FEET;THENCE
NORTH 89°55'55"EAST 5.70 FEET;THENCE SOUTH 0°39'55"WEST 46.99 FEET TO A POINT ON THE
NORTHEASTERLY CALTRANS RIGHT OF WAY AS SHOWN ON HIGHWAY MONUMENTATION MAP,
MS 611;THENCE ALONG SAID RIGHT OF WAY, NORTH 30°03'25"WEST 188.53;THENCE NORTH
23°15'32"WEST 39.30 FEET (NORTH 23°14'22"WEST 39.32 FEET-MS 611)TO THE POINT OF
BEGINNING.
CONTAINS 0.242 ACRES, MORE OR LESS.
EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
LAS
GARY
D. MELLOM 4 � i✓�
LS 8537 GARY D. MELLOM, PLS 8537
10/06/2017
9� Q Cpy\F DATE:
PASCO LARET SUITER OPEN SPACE COVENANT
- &ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 1950 SHEET 1 OF 2
EXHIBIT "B"
PLAT
6// POINT OF BEGINNING MAP 4999
\ 5 I 4 I 3
(N89°12'11"E-MAP 4999) —
N89°57'46"E 80.38' —
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wa w�au,
N'Co a rn
T
ROS 1299
0
0
N89°55'55"E 126.96'
PRIVATE OPEN SPACE
M V
0.242 ACRES 9 55'55 W 124.5 °o
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MS 611 611.
POR. SW 1 /4,
om INTERSTATE - 5 " NE 1 /4, SEC. 22
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o T 13 S, R 4 W,
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J N89°55'55"E 5.70'
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PASCO LARET SUITER SCALE 1"=40'
N OPEN SPACE COVENANT
=
— &ASSOCIATES E
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 1950 s SHEET 2 OF 2