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2018-121649 DOC# 2018-0121649 Recording Requested By and) 111111111 IN When Recorded Mail To: ) Mar 27, 2018 04:58 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City Clerk ) PCOR: N/A City of Encinitas ) PAGES: 7 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF,THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel �` � 07x--Building Permit No. 17-1826 No. 254-210-25 ✓ Case No. 17-021 CDP Bow Ruggeri and Erina Ruggeri, trustees of the Ruggeri Family Trust, ("GRANTOR" 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 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. 17-021 CDP and Building Permit Nos.16-2796. No building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed. (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 17-021 CDP and Building Permit No. 17-1826 or 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 Case No. 17-021 CDP, Building Permit No. 17-1826, 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 DSD\\AM:\Covenant\2017-1826.bp.ssosesmt 1 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. 17-021 CDP, Building Permit No. 17-1826 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 suc ssors and assigns. GRANTOR: Dated by It Bow Ruggeri (Notarization of GRANTOR'S signature is attached.) Dated �; by Erina Ruggeri (Notarization of GRANTOR'S signature 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 1994-107 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 !'�%e: �lo, � by Christopher . Magdosku, City En ' er, (Notarization is attached.) Development Services Depart ent City of Encinitas DSD\\AM:\Covenant\2017-1826.bp.ssosesmt 2 EXHIBITY"A" EASEMENT-LEGAL DESCRIPTION APN 254-210-25m00 A PORTION OF LOT 25 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1704, FILED IN THE.OFFICE OF THE COUNTY RECORDER.OF SAN DIEGO COUNTY, JUNE 5, 1'918; BEING IN THE-SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPTUNE AVENUE IN SOUTH COAST PARK N0.4,4,ACCORDING TO MAP THEREOF 0.2049,FILED:IN SAID OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927., WHICH IS DISTANT THEREON NORTH 19.026'45" WEST, 1.10.59 FEET FROM THE INTERSECTION OF THEWESTERLY PROLONGATION-OF THE NORTHERLY LINE OF'PHOEBE STREET WITH SAID WESTERLY LINE-OF NEPTUNE AVENUE;THENCE SOUTH 70°33'15"WEST, 111:40, FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0% 70 '15" WEST,T, 8-9.75 FEET TO A POINT IN TH.E EASTERLY LINE OF LAND .DESCRIBED IN DEED TO THE. COUNTY OF SAN DIEGO ON JANUARY 1-0, 1930, IN BOOK 17317. PAGE. 254 OF DEEDS. THENCE SOUTH 2 1'25'45?' EAST, ALONG. SAID EASTERLY LINE37.02 FEET TO THE NORTHWESTERLY CORNER OF THE LAND -DESCRIBED UNDER PARCEL NO. I IN DEED TO HARRY C. CARR ET UX, RECORDED FEBRUARY 7, 1935 IN BOOK 379,PAGE 135 OF OFFICIAL RECORDS; THENCE.NORTH 74016'.30 EAST ALONG THE NORTHERLY LINE OF SAID C.ARR LAND, 8,6.10 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 19059'35"EAST,3.62 FEET TO THE BEGINNING I O.F A TANGENT CURVE CONCAVE WESTERLY HAVING RADIUS OF 22.75 FEET, A RADIAL, TO SAID POINT BEARS SOUTH 70 000'25" EAST;, THENCE NORTHEASTERLY,NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 20.35 FEET THROUGH A CENTRAL ANGLE OF 51015'22"; THENCE NORTH- 31015'41" WEST, 14.58 FEET TO THE BEGINNING OF A NON- TANGENT ICURVE. -CONCAVE NORTHEASTERLY HAVING A-RADIUS OF 4.12 FEET, A RADIAL TO -SAID POINT BEARS SOUTH- 04644'57" WEST; THENCE. WESTERLY, NORTHWESTERLY,NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF T61 FEET THROUGH A CENTRAL ANGLE OF 10,5053"067 TO THE,TRUE-POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING BELOW THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. D CONTAINS 3,65.6 SQUARE FEET,MORE OR LESS. No.7655 „ „ SHEET 1 OF 2 EXHIBIT B EASEMENT PL T 20.00 20.00' tv 0 o o W NEPTUNE — — A ff o — r o o N192645"W 110.59' 50.00' - 6059' POB LEGEND INDICA TES OPEN SPACE EASEMENT GRANTED TO THE 25 CITY OF ENCINITAS HEREON. AREA 3,656 SF �pI 1104 �. N 0 0 TPOY p000, L2 CI \oft LA111D S �pP a All a No♦ 7655 SEEDTTA/l ONSHEET2 J? Q CA��FCS� N21.75'45"W 3702'(37.13'Dd.) PACIFIC OCEAN PONTO STATE BEACH 0 40 80 NOTES SCALE: V 40' L BEARINGS AND DISTANCES SHOWN HEREON CALCULATED PER-RECORD OF SURVEY - _ 1116 AND GRANT DEED RECORDED.fEBRUARY 18, 2015 AS DOCUMENT NO A 16-152 3/1.4/18 2015-0071638, OF OMCIAL RECORDS. (Dd.) 'AMP O s NG NEERINM INC. aes, 171 SAXLWY1POA0,-SUAE214 DQWTAS CA 92024 M. (760)_436-0660 FAX(760)4J6-0659 , EXHIBIT "��► SHEET 2 OF 2 EASEMENT PLA l �zl' ,h1 .h1 CZ _ `� l� .° �\� LANp SG o w TPOB No. 7655 U TF OF Curve Data Table Line Data Table Curve # Length Radius Delta Line # Length Direction C1 20.35 .22.75 51'15'22 L1 3.62 N19° '59' 35"E C2 7.6:1 4.12 105'53'06" L2 14.5.8: N31'° 15' 47"W LEGEND 1NDICATES OPEN SPACE EASEMENT GRANTED TO THE CITY OF ENCINITAS;HEREON AREA= 3,656 SF 0 10 20 NOTES SCALE: 1" 1-0' 1. BEARINGS AND DISTANCES SHOWN HEREON CALCULATED PER RECORD OF SURVEY 1116 AND GRANT DEED.RECORDED FEBRUARY 18, 2015 AS DOCUMENT .✓N 16.=152 3/14/18- NO 2015-0011.638, OF OffICIAL RECORDS ;,'; , a 'AM P Lj \\ ENGINE`ERIN'G, INC. 171 SAXAVY ROAD,SillIF 21.E fNdYMTA$:CA 92024 R:(760)42-0660 FAx (760)a-0659 • CALIFORNIA ALL PURPOSE i // ®Wl.L.D. .G. M.. 1 ... T .. .. . 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 :On 16 li�fore me _ Not . ary :Publi Date (h insert name and title f he officer) ersoriall ,.a eared U v`0 v V 1\ P Y PP h� � :who proved to me on theJj satisfactory evidence to be the person(s) whose name(s) is/are :subscribed to the within instrument and admowledged 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. :WITNESS my hand and official seal. C. ENGEL COMM.#2108757 v, NOTARY PUBLIC•CALIFORNIA SAN DIEGO COUNTY Commission Expires May 23,2019 Signa (Seal). OPTIONAL :Description of Attached Document :Title or Type of Document 1161ber of Pages: Document Date: Other: 3015 Anostille Service.707-992-5551 www.Ca?.iforniaAoostille.us California Mobile No(arvNenuork wwwLAMi,N-com 0 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 Calif nia ) County of 7 ) On ��J'(9�9- k before me, Date \� Here Insert Na and Title of the ffic r personally appeared \� \ ,�� L. 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 DEANA GAY is true and correct. - COMM.#2206986 D WITNESS m a d and official seal. Z SAN DIEGO COUNTY D NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES - AUGUST 23,2021 Signature Signature of Notary Pub 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