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2017-599037 DOC# 2017-0599037 Recording Requested When Recorded Mail Toy and Dec 20, 2017 04:29 PM OFFICIAL RECORDS Ernest J.COUNTY b ) SAN DIEGO COUNN RECORDER RDER City Clerk ) FEES $000 City of Encinitas ) PCOR: N/A 505 S. Vulcan Avenue ) PAGES: 9 Encinitas, CA 92024 ) FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE GRANT OF RIPARIAN WETLAND/BIOL29ICAL OPEN SPACE EASEMENT \y,\\ Assessor's Parcel No. � Case No. 08-153 DR 264-223-24✓ Building Permit Nos. 15-1557 and 15-1558 Keith Johnson and Deanne Johnson, husband and wife as Joint Tenants ("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 Exhibit "A" attached hereto and as shown as Exhibit "B" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTOR conveys a perpetual easement for riparian wetland and buffer zone easement, over, upon, across and under the subject land as described in Exhibit "A" and shown and depicted in Exhibit "B". This riparian wetland and buffer zone easement shall remain in perpetuity on the subject property. No building, structure, animal grazing or other improvements (including landscape improvements) shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as permitted by Case No. 08-153 DR, as said permit was issued by Planning Commission Resolution No. PC-2014-17 on July 19, 2014 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Any future improvements necessary in these areas shall be reviewed and approved by the City of Encinitas and the California Department of Fish and Game. (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. 08-153 DR under Planning Commission Resolution No. PC-2014-17 by the Planning Commission on July 19, 2014 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of PBD/JD/RCovenant\2008.153.dredp.johnson.bose.cov.doc Page 1 of 2 Encinitas. (B) That, except for those portions authorized by Case No. 08-153 DR for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the riparian wetland easement and fence barrier in perpetuity on the subject site. (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 su iect land as is permitted by Case No. 08-153 DR, as said permit was issued by Planning Commission' Resolution No. PC-2014-17 on July 19, 2014,or as said permit may be hereinafter amenaea or moartieu 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 these easements 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. These easements shall bind the owner and its successors and assigns. GRANTOR: Dated r a Keith Johnso Dated U- by Deanne Johnson SEE ATTACHED FOR OFFICIAL CITY OF ENCINITAS� ACKNOWLEDGMENT I certify on behalf of th1 City of Encinitas. pursuant to authority conferred by Planning Commission Resolution Ily-lo? approved on NoUeober- q, 091Y that the City of Encinitas consents and accepts to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and consents to recordation thereof by its duly authorized officer. Dated 1211°1( 1"I by C/112l.S7 // - L' !�-c Ofd (Notarization IS required) DSD/JDf Movenang2008.153.dredp.johnson.bose.cov.doc Page 2 of 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 S 7t� �l_) _ } r On before me, Ott U �^ • , antl D e personally appeared _ 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 para aph is true and correct. w JON SCOTT WITNESS my han and official seal. CoMM.t 2913593 N a+ e xoum weuc-CALFO Mr Erg DROO CanT Mr C011L Ern AT^ Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION nis farm 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 m violate California nary 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 notaritation must be the date that the signer(s)personally appeared which itle or descrildon 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 Num of Pages_Document Date commission followed by a comma and then your tide(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACI CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Wsh&4*e5x is/are)or circling the correct forms.Failure to correctly indicate this ❑ IndMdu (s) information may lead to rejection of document recording. ❑ Corporate fficer - The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges,re-seal if a sufficient area permits,otherwise complete a different acknowledgment form- ❑ Part (Ti s) - Signature of the notary public must match the signature on file with the office of ( ) the county clerk ❑ omey-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. Indicate title or type of attached document,number of pages and daze. ❑ Other Indicate the capacity claimed by the signer. If the claimed rapacity is a corporate officer,indicate the title(i e.CEO,CFO,Secretary). 2015`.e 5iort titria.ide!ar;Cla_;Eacr`.t EOCrfi'�5>65 Securely attach this documentt o the signed document with a staple. 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 aC ) 1 On , 7 ��� before me, A ;tGl � . _ydYl A (;�V-)-� � YV I iC Date /� 11 Here Insert Naptme a Title of tl) Officer personally appeared l �Y \ 7r\c'� I n&I3 Z t) Name(s) of Signe who proved to me on the basis of satisfactory evidence to bet persons) whose name(s)�re scribed to the within instrument and ackno:ae$cd,ged to me th he/ he/they executed the same in hi er/their authorized capacity(ies), and that b er/their signat s on the instrument the person(s), e entity upon behalf of which the person(s) 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. SIMON WITNESS my hand and official seal. we wr�Ma.it 2021 r Signature dSignature 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 E 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' LEGAL DESCRIPTION FOR BIOLOGICAL OPEN SPACE EASEMENT THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 4460, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 13, 1976; BEING A PORTION OF LOT 7 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 1898, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4, SAID POINT BEING ON THE CENTERLINE OF A PRIVATE ROAD KNOWN AS COPPER CREST ROAD; THENCE LEAVING SAID CENTERLINE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 86° 55'53" EAST, A DISTANCE OF 38.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 4, NORTH 86° 55'53" EAST, A DISTANCE OF 110.99 FEET; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 4, SOUTH 70° 00'00" EAST,A DISTANCE OF 43.00 FEET; THENCE SOUTH 560 00'00" EAST, A DISTANCE OF 82.00 FEET; THENCE SOUTH 870 00'00" EAST, A DISTANCE OF 28.00 FEET; THENCE SOUTH 250 00'00" WEST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 620 00'00" EAST, A DISTANCE OF 51.00 FEET; THENCE SOUTH 210 00'00" EAST, A DISTANCE OF 13.00 FEET; THENCE SOUTH 670 00'00" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 850 00'00" EAST,A DISTANCE OF 30.00 FEET; THENCE SOUTH 400 00'00" EAST,A DISTANCE OF 15.00 FEET; THENCE SOUTH 090 00'00" EAST,A DISTANCE OF 23.00 FEET; THENCE SOUTH 060 00'00" WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 090 00'00" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 210 00'00" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 300 00'00" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 100 00'00" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 100 23'27 WEST, A DISTANCE OF 44.18 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 240.11 FEET, A RADIAL TO SAID POINT BEARS SOUTH 04° 08' 35" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 140.79 FEET THROUGH A CENTRAL ANGLE OF 330 35' 40"; THENCE NORTH 520 15' 45" WEST A DISTANCE OF 112.80 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 370 44' 15" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 30.59 FEET THROUGH A CENTRAL ANGLE OF 80 45' 51'; THENCE NORTH 430 29'54" WEST, A DISTANCE OF 140.00 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 460 30' 06" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 45.16 FEET THROUGH A CENTRAL ANGLE OF 250 52' 24'; THENCE NORTH 170 37'31" WEST, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1.40 ACRES, MORE OR LESS. �r DS N0.N66 r awcet�° EXHIBIT "B„ 1OF2 BIOLOGICAL OPEN SPACE EASEMENT POR LOT 7 RANCHO LAS ENCINITAS APN 164-223-12 MAP N0. 848 POB TPOB N 4 299.32 y 38.17 8 ' 5 3 /V0.9 !� , N o y .29. ! L3 PARCEL 4 APN 264-22J-24 !s J=2126'02* L8 R=300.00' �9 l� L=111.13' 0 ST. P BU AIL EASEMENT PER INST. N0. 06-898610, RECORDED DECEMBER 19 2006 EX/ST. PVT ROAD/PUB. SHR. �AF,p 9p js EASEMENT PER INST. N0. 304345, ° y RECORDED DECEMBER 30, 1971 APN 164-223-21 o� a, _ — / °'�9,,.A_�X500• 4 No. 7655 ° *�' L-164.22 APN 264-223-23 NOTE. 9TFOF CA1�F� BOUNDARY SHOWN HEREON PER PM 4460 RECORDED FEB. 13, 1976 1..=60' LQ _®_. BIOLOGICAL OPEN SPACE EASEMENT SAMPO ENGINEERING, INC. 0 30 60 120 ® GRANTED TO THE CITY OF in WaVr MW Wit 2TJ INGINTA% C4 WT fNCINITAS HEREON 1.40 ACRES JN: 15-121 JOHNSON FAX 115 a 4i 2 OF 2 EXHIBIT "B" BIOLOGICAL OPEN SPACE EASEMENT LINE TABLE CURVE TABLE # BEARING DISTANCE W25*52'24" ADIUS LENGTH L1 N70'00'00"W 43.00' Cl 40.11' 140.79' L2 N56'00'00"W 82.00' 00.00' 30.59' L3 N87'00'00"W 28.00' 00.00' 45.16' L4 N25'00'00"E 26.0 0' L5 N62'00'00"W 51.00' L6 N21'00'00"W 13.00' L7 N67'00'00"W 30.00' L8 N85'00'00"W 30.00' L9 N40'00'00"W 15.00' L10 N9'00'00"W 23.00' L11 N6'00'00"E 25.00' L12 N9'00'00"W 25.00' L13 N21'00'00"W 25.00' L14 N30'00'00"W 25.00' L15 N10'00'00"W 25.00' LAND SGT b No. 7655 0 J lFOF CA��FO�� •-® SAMPO ENGINEERING, INC. i R: (760)436-0660 FAX (M)us-ass JN: 13-121 JOHNSON e 3 7 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 Cali is ) County ofn ) On '\q' Vii before me, Date 1re^Insseert Name Ad Title of the Offi er personally appeared a la 10 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 G Ida d AY WITNESS my a official seal. COMM.#2206986 ? SAN DIEGO COUNTY QQQ NOTARYPUBLIC-CALIFORNIA Signature_Upzxl�C MY COMMISSION EXPIRES Signature of Notary Public AUGUST 23,2Q21 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: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907