2017-599038 DOC# 2017-0599038
Recording Requested By and
n When Recorded Mail To: j Dec 20, 2017 04:29 PM
' ( OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City Clerk ) FEES: $0.00
City of Encinitas ) PCOR. N/A
505 S. Vulcan Avenue ) PAGES: 7
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
A^^ GRANT OF STEEP SLOPE PRESERVATION PEN SPACE EASEMENT
�Iv\ Assessor's P rcel No. // Case No. 08-153 DR
11�`1tb 264-223-24 Building Permit Nos. 15-1557 and 15-1558
Keith Johnson and Deanne Johnson, husband and wife as Joint Tenants, ("GRANTOR"
UUU"` hereinafter), does 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 described on Exhibit "A"
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. 08-153 DR, .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. 08-153
DR, 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. 08-153 DR, 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. 08-153 DR 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 by v
Keith Johnso
Dated 19-1 I by
Deanne Johnso
(Notarization of GRANTOR'S signatures attached.) SEE ATTACHE
FOR OFFICIAL
CITY OF ENCINITAS: ACKNOWLEDGMENT
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 91-1477 of the City Council of the City of Encinitas adopted on NaVw ew
( qnd the grantee consegt�to recordation thereof by its duly authorized officer. ((JJ
Sign for City of Encinitas Date
c « fazsk a (f/ 7-
Print Name Title
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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" ,On before me, #
(Nrems'e`rt ��'t ��.{,,,
personally appeared �Kf � Sa-) �v 4-�>7 i� ;l '�-"=��"'
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 paraarap is"rue and correct.
,w^>,,m JON SCOTT
WITNESS my hand an official seal COMM.O 2073593 rn
(� V g NOTARY PUBLIC-CALIFORNIA
SAN 01160 COUNTY
MY COr.EAP.Jay t,201
Notary Public Signature (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
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ESCRIPTION OF THE ATTACHED DOCUMENT
if needed,should be completed and attached to the document.Acknowledgments
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2015 Ve:=_ion r-t."iJ.-,`:e1ar CIassFscC EDO-8 7 S65 Securely attach this document To 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 Californ )
County ofA h n � II n I
On (� �I� before me, �0. A 51 Mon , A)Alr / 4P) C 1r
Date 1` 1 Here Insert Name�dnd Title of he Officer
personally appeared eft ty 0� L. A/V a� s kd
Name(s) of Sigfl r(s)
who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s) i are
scribed to the within instrument and ackno��dged to me that he she/they executed the sa??rr((e in
hi her/their authorized capacity(ies), and that by(hisJher/their signatur s)on the instrument the person(s),
the entity upon behalf of which the person(s)Med, 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.
pN EU A SIMON WITNESS my hand and official seal.
�� COMIC/2182396
� $ xorun Haut-wffaxe" N
S"xEp. Signature ( l D I l ( • � �
c,,,e.• Yr Co"..Gr.Wa.2.2021
4 ignature of Notary Public
Place Notary Seal Above
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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
C 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
STEEP SLOPE 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 149.16 FEET TO THE TRUE POINT OF BEGINNING;
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 14.05 FEET;
THENCE NORTH 070 00'00" EAST,A DISTANCE OF 20.00 FEET;
THENCE NORTH 200 00'00" EAST, A DISTANCE OF 12.00 FEET;
THENCE NORTH 250 00'00" EAST, A DISTANCE OF 35.00 FEET;
THENCE NORTH 030 04'07" WEST, A DISTANCE OF 6.15 FEET TO A PERPENDICULAR POINT ON
THE NORTHERLY LINE OF SAID PARCEL 4;
THENCE ALONG SAID NORTHERLY LINE OF PARCEL 4, SOUTH 86° 55'53" WEST,A DISTANCE OF
143.63 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.11 ACRES,MORE OR LESS.
DSaI BF
No,.7LJ05
v �
EXHIBIT "B" oF2
STEEP SLOPE EASEMENT
POR LOT 7
RANCHO LAS ENCINITAS
\ APN 264-223-12 MAP N0. 848
POB IPOB N
' 14 .6 � �
y� N86555iE 149.16 (1
N
v�
09 L3 PARCEL 4
PM 4460
APN 264-123-24
\ 7�
�A/ \
A=2126'02' \
R=30O.00'
\ \
L=11223' \ \ \
\ \ EXIST. PUBLIC TRAIL
EASEMENT PER INST. NO. 06-898610,
\RECORDED DECEMBER 19, 2006
0 EXIST. PVT ROAD/PUB. SWR
EASEMENT PER INST. N0. 304345,
RECORDED DECEMBER 30, 1971
0
APN 164-223-21 /
/ /J / O \-ANDS
,�• °115. C7
No. 7655 ° o 00'(1=164.22'
\
APN 264-113-13 �l
NOTE.• s�
/ U 9TFOF CA1 BOUNDARY SHOWN HEREON PER PM 4460 0
RECORDED FEB. 13, 1976
1 SAMPO ENGINEERING, INC.
STEEP SLOPE EASEMENT GRANTED
0 30 60 120 ® TO THE CITY OF ENCINITAS HEREON m: (760)4X-0660 FAX (760)u6-O&W
0.11 ACRES JN: 13-121 JOHNSON 6'%
EXHIBIT "B" z OF
STEEP SLOPE EASEMENT
LINE TABLE CURVE TABLE
# BEARING DISTANCE # RADIUS LENGTH
L1 N70'00'00"W 43.00' Cl 28'21'31" 225.00' 111.36'
L2 N56'00'00"W 82.00' C2 13'27'39" 225.00' 52.86'
L3 N87'00'00"W 14.05'
L4 N7'00'00"E 20.00'
L5 N20 00'00"E 12.00'
L6 N25'00'00"E 35.00'
L7 N3'04'07"W 6.14'
XAND SG
V No. 7655p ° o
* �C�.
9TFOF CAI�F���
-® SAMPO ENGINEERING, INC.
71L: (760)us-0660 FAX (110)4 ...
JN- 15-121 JOHNS. 6, ' 7