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2018-174022 DOC# 2018-0174022 Recording Requested By and ) When Recorded Mail To: . May 01, 2018 03:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $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 GRANT OF BIOLOGICAL/WETLAND OPEN SPACE BUFFER EASEMENT 1�b M Assessor's Parcel No. Grading Permit No. 12401-G 264-241-26-00 Steven Weatherford 'and Laura Weatherford, husband and wife as joint tenants, ("OWNERS" hereinafter) are the owners of real property which is commonly known as 2568 Lone Jack Road, ("PROPERTY" hereinafter), and which is described as follows: LOT 12 OF THE CITY OF ENCINITAS TRACT 97-219 (PHASE 2), IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13947, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 24, 2000. 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. 12401-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 12401-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 el PBD\\DH:\Covenant\2016-12401G.osesmt.covenant 1 12401-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 12401-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 12401-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 — �O by en Weatherford Dated — by— rV IA' L ura We a ord (Notarizations of GRANTORS' signatures are attached.) PBD\\DH:\Covenant\2016-12401G.osesmt.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 Cityof Encinitas adopted on November9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated ® by - ww� Christoph r L. Magdosku City Engineer (Notarization not required) Development Services Department PBD\\DH:\Covenant\20I6-12401G.osesmi.covenant 3 EXHIBIT «A,, THAT PORTION OF LOT 12 OF ENCINITAS TRACT 97-219 (PHASE 2), IN.THE.CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF.CALIFORNIA;ACCORDING TO MAP_ THEREOF NO. 13947,.FILEDIN THE OFFICE OF.THE.COUNTY RECORDER OF SAN DIEGO COUNTY.; MARCH 24; 2000; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF AFOREMENTIONED LOT 12 ALSO BEING THE WESTERLY SIDELINE.OF LONE JACK ROAD AS SHOWN ON SAID MAP::1.3947; THENCE.WESTERLY ALONG THE SOUTHERLY LINE OF SAID.LOT 12, NORTH 89 028'08" WEST 148.33 FEET; THENCE LEAVING SAID SOUTHERLY LINE:ALONG AN:89.00 FOOT RADIUS ARC.CONCAVE.NORTHWESTERLY, HAVING A.RADIAL:BEARING OF SOUTH 41°30'55 EAST, THENCE NORTHERLYALONG SAID CURVE THROUGH-A CENTRAL ANGLE OF 34043.'48"A DISTANCE OF 53.95.FEET. THENCE TANGENT.TO SAID CURVE NORTH 1.3°45°17" EAST 115:29 FEET TO ATANGENT 71.0.0 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID -CURVE THROUGH.A CENTRAL ANGLE OF 89018'02"A DISTANCE OF 110.66 FEET; :: THENCE.SOUTH.76.056'41".EAST:9.99 FEET.TO THE WESTERLY SIDELINE OF AFOREMENTIONED LONE JACK ROAD ALSO.BEING THE EASTERLY LINE.OF SAID LOT 12; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE.POINT.:OF BEGINNING EXCEPTING THERE FROM THE EASTERLY-8;00 FEET OF THEABOVE DESCRIBED AREA ALSO BEING THE AREA,LYING WITHIN AN 8.00 FOOT WIDE TRAIL EASEMENT PER DOCUMENT RECORDED-02/17/99 AS F/P 1999-0094719. CONTAINS 20;743 SQUARE FEET _ . of Jake D, Logan, PLS 9042 Date EXHIBIT "B„ 5 6 9 _ CI{ RO A P.O.B�. _ AD 4 0 3 . tNE. AND CU R VE TA$LE 1 rz N0: BEARING/DELTA RADIUS LENGTH. 1. 2 r i 00; 1 95, ' ,; 34 43'48 89: 53. 1 1 .45'17" E 29' 2: N 13. 115 :o .. 3 89'18'02' 71.00' 110 66' N 99' 4 .5. 76'56'41» E 9 � 00 /5 z 5 S 21'36'49" W. : . .25.50' 1 - 1 6 28'07'24" 170:00' 83.44'_ '35" E 7 S 06.30 44.80' . - Sri 8 13'17':48" 360.00'. 83.55' : �. .47�14 73� vi. 9 S 0.6 22.. .. w 0 o Q N1 . LEGEN D 00 / OPEN SPACE.- EASEMENT AS DESCRIBED z - IN EXHIBIT »A,, F--- a o . 8.00' WIDE RECREATIONAL TRAIL EASEMENT GRANTED TO- TH.E CITY OF : - EN CINITAS .'PER: DOCUMENT- RECORDED 02/17/99 AS F/P 1-999- . 0094719 1 . n : 2 0 \,AND S� 100 50 .0 w 100 200 F;4 SCALE I N FEET . _L S SCALE: 1 100' 9042 Q 1 0 ®. . OF RANCHO COASTAL - 0 � z � ENGINEERING & SURVEYING SINGLE SOURCE DEVELOPMENT CONSULTANT 310 S TWIN _OAKS .VALLEY. RD,., #107-297 SAN .MARCOS, CA. .92078 .(760):. 510 'Ph / (760) 510. .315.3 Fax 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 5AA/ PAC-6-0 ) On al before me, /1 D/V - 5'EG�1'��.vU-77KV I'Py'g I- t C- (insert name and title of the officer) personally appeared s7EV�i 1-�A7F(U2frPleO 4422 `A�l�lk w 7HFJ°��b -, who proved to me on the basis of satisfactory evidence to be the person6nrhose name sl re subscribed to the within instrument and acknowledged to me that lwltsa xecuted the same in -hisAier�ie�uthorized capacity ies nd that by.hisH3er elr ignature(sDpn the instrument the. person(Vor the entity upon behalf of which the perso s cted, 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. RON J.SEGAL WITNESS my hand and official seal. Commission#2098015 a -® Notary Public-California z z ' San Diego County n My Comm.Expires Feb 21,2019 Signature / - (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 1 � ) On b— before me, 1'(VSO,o Jjo 4-,V- t) ( , Date II I_ Here Insert Name and Title of e Officer personally appeared CVO 1 v rlP�f- L ' )nA 0 Name(s) of S' er(s) who proved to me on the basis,of satisfactory evidence to bet person(s) whose names is/ re scribed to the within instrument and ackno dged to me that he she/they executed the same in his er/their authorized capacity(ies), and that b his er/their signature s)on the instrument the person(s), the entity upon behalf of which the person(s)lactied, 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. COMM.#2182396 rA N s NOTARY PUBUC•CAUFORNIA U) SAN DIEGO COUNTY MY Comm.ESP.MAR.2.2021'' Signature- Sig,66ture 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 ❑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