2017-599005 I DOC# 2017-0599005
Recording Requested By and
When Recorded Mail To: ) Dec 20, 2017 04:24 PM
A ) OFFICIAL RECORDS
(( ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City Clerk ) FEES: $0.00
City of Encinitas ) PCOR: N/A PAGES. 7
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
h �1 GRANT OF BIOLOGICALIWETLAND OPEN SPACE BUFFER EASEMENT
"\`b Assessor's Parcel No. Grading Permit No. 13538-G
\� 264-160-22-00 J -��
( Kevin R. Dalzell & Christina M. Dalzell, Trustees of the 2017 Kevin R. Dalzell and Christina M.
Dalzell Revocable Trust, ("OWNERS" hereinafter) are the owners of real property which is a
vacant lot identified as Assessor Parcel Number 264-160-22-00, ("PROPERTY" hereinafter), and
which is described as follows:
THE NORTHERLY 2.00 ACRES OF THAT PORTION OF OLIVENHAIN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 326, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885.
do(es) hereby grant, convey and dedicate for valuable consideration an open space
biological/wetland open space buffer 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 shown
on Exhibit "A" attached hereto, hereinafter referred to as the subject land, to wit:
1. GRANTOR conveys a perpetual easement for open space and wetland buffer over, upon,
across and under the subject land consisting of all slopes not disturbed by the grading as
shown on the approved grading plans, No. 13538-G, and as shown on Exhibit "B". 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 is permitted by Grading Plan 13538-G,
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 thing
whatsoever on the subject land, nor shall grading be performed, other than such
buildings, structures, grading, or other things as are permitted by Grading Plan
PBD\\DH:\Covenant\2017-13538G.osesmt covenant 1
13538-G, as said permit may be hereinafter amended or modified pursuant to the
Municipal Code of the City of Encinitas.
(B) That, except as authorized by Grading Plan 13538-G, it shall not use the subject
land for any purpose except as open space and to permanently maintain the slopes
and wetland buffer.
(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 Grading Plan 13538-G, as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas.
(D) That this Open Space Easement shall preclude vegetation removal or additions with
the following exceptions: 1) brush clearing for fire protection purposed shall be
permitted upon written order by the appropriate firefighting agencies; 2) removal of
hazardous substances or conditions or diseased plants or trees shall be permitted;
3) planting of native vegetation or removal of invasive non-native vegetation may be
allowed with the permission of the City or its successors.
(E) 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.
(F) That no invasive landscaping shall be planted in areas adjacent to the Open Space
Easement.
(G) That no outdoor lighting shall be directed upon the Open Space Easement.
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 12 by
Dalzell
Dated a — l — ' - I
Ch !DaIzel1I
(Notarizations of GRANTORS' signatures are attached.)
PBDA DH:A Covenant\2017-13538G.osestnt.covenant 2
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 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 IaI,0o 0201 by yYi6a54
Chri opher L. Magdosku,
City Engineer, Development Services
Department, City of Encinitas
(Notarization not required)
PBD\\DH:A Covenant A2017-13538G.osesmt.covenant 3
EXHIBIT "A"
APN: 264-160-22
An easement for the purposes stated herein, over, under, along and across that portion of
the northerly 2.00 acres of that portion of Colony of Olivenhain, in the County of San
Diego, State of California, according to the Map thereof no. 326, filed in the office of the
County Recorder of San Diego County, July 8, 1885, described in full as follows:
Lot 91 as shown on said Map, together with that portion of the easterly half of"N"
Street as shown on said Map, which adjoins said Lot 91 on the west, together with that
portion of the westerly half of"O" street, as shown on said Map, which does not lie
within Lot 17 of Rancho las Encinitas, in the County of San Diego, State of California,
according to Map thereof No. 848, filed in the office of the County Recorder of San
Diego County, July 27, 1898, and which adjoins said Lot 91 and said portion of 13th
Street on the east.
Said easement being more specifically described as follows;
Beginning at the northwest corner of Parcel 2 of Parcel Map No. 17653; thence NORTH
15° 29' 22" EAST, along the northerly prolongation of the westerly line of said parcel 2, a
distance of 23.94 feet; thence NORTH 38° 07' 44" EAST, a distance of 111.71 feet;
thence NORTH 38° 10' 39" EAST, a distance of 50.39 feet; thence NORTH 46° 36' 10"
EAST, a distance of 62.83 feet to the southerly right of way line of Camino Del Rancho
as shown on said Parcel Map No. 17653; thence SOUTH 74° 58, 15" EAST, along said
southerly right of way line, a distance of 148.08 feet; thence SOUTH 26° 46, 45" WEST,
a distance of 40.62 feet; thence SOUTH 55° 41' 27" WEST, a distance of 47.29 feet;
thence SOUTH 55° 22' 59" WEST, a distance of 45.82 feet; thence SOUTH 38° 08' 37"
WEST, a distance of 44.75 feet; thence SOUTH 00° 29' 31" WEST, a distance of 32.94
feet;thence SOUTH 01' 24' 26" EAST, a distance of 44.77 feet to the northerly line of
said Parcel 2; thence NORTH 74° 58' 15" WEST, a distance of 179.41 feet to the Point
of Beginning.
Containing 34,601 square feet, (0.79 acres), more or less.
Reference is made to Exhibit`B" attached hereto and made a part hereof.
&44 _
DALE A. GREENE, L.S. 5755 eSE D#O So
v P. GRF�°F`o
DATE * �Exp.� o '
Na 5755
9TF OF CAI�E���
EXHIBIT "B"
A.P.N. 264-160-22 LEGEND:
PROPOSED EASEMENT
FOR WETLANDS
(34,601 S.F.)
o PROPERTY LINE
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CA / 74-58'15" W A S.D.COUNTY DRAINAGE EASEMENT
NO DAL 384.>>. REC'D JUNE 5, 1980 AS F/P NO.80-181587
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L7 N 15'29'22- E 23.94
Z i I L2 S 39 44 W 177.71
\—\l � L3 N 38'7 10 0 39 E 50.39
Q L4 S 463610 W 62.83
12 ^ O L5 N 74'58 15 W 148.06
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L7 N 55-41-27- E 47.29 L8 T'55-2259 W N ;74581 5" L9 5 38'08 37 W 44.75
w L10 S 00'29 31 W 32.94
N 384'43 L 7 2 S 074'58 15 E 179.41
PREPARED BY: J
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Conaul11n9.Inc.
P.O.Box 143 7
1" = 60' 80113211, CA 92003 DALE A. GREENE LS 5755
(760) 525-0264 MY REGISTRATION EXPIRES: 6-30-2018
JOB NO 17-62
ALL PURPOSE ACKNOWLEDGMENT
7Anotary public officer or other officer cempleting this certifcate only the identity of the individual who signed the document to is certificate is attached, and not the truthfulness, accuracy of that document
State of California }SS
County of SOVA N'e-k—,Z) }SS
On 1 �{� before me, Jl� ��� L , �l3 6—� i ' � 1L
(here insert name and title of the officer)
personally appeared, Vs�jn I� lz�l a1LSZCiV1Y1� Ina }'� � 7��
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 is true and correct.
WITNESS my hand and official seal JULIE L.WOOD
Notary Public -California
San Diepo County i
Commission ar 2144778 ;
M Comm.Expires Mar 30,2020
Signat
(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 IC-(,%C ) /� , I f /� I_
On �Z " ZC F7 before me, ��1G\E'6 A • SI V) : I O I Cl -V t'lJ V It
Date / 1_ — Here Innsert Name and 11 tle Iof the Officer
personally appeared Ch\^\s�ool.e\ L. J °`eLnAo5k )
Name(s) of Signer(s) are
who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s6 '
�gbscribed to the within instrument and ackno#40ged to me tha hOhe/they executed the same in
l/hhii /her/their authorized capacity(ies), and that by hihissIrier/their signature(s)on the instrument the person(s),
r the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
o✓ ANGELA A. SIMON is true and correct.
comm.1211123%
NXAW PUBM.ruKawa N WITNESS my hand and official seal.
SAN WOO CWM
4YUO✓ YY Comm.EXP.MAR.2,7027�
Signature
Si ature of Notary Public
Place Notary Seal Above
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