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2018-376926 DOC# 2018-0376926 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Sep 11, 2018 04:59 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas j FEES: $0.00 (SB2 Atkins: $0.00) POOR: N/A When Recorded Mail to: ) PAGES: 8 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY nn DOCUMENT TRANSFER TAX: 0 GRANT OF PASSIVE AND YORETENTION OPEN SPACE EASEMENT �\\ Assessor's Parcel No.: 258-141p§ -38 and -39 Case No. 16-211 TMDB U Address: 710 Requeza Street Permit No. 13671-G REQUEZA 13, L.P., A DELAWARE LIMITED PARTNERSHIP, ("OWNERS" hereinafter called GRANTOR(S)) are the owner of real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF, which is commonly known as 710 and 714 Requeza Street, ("PROPERTY" hereinafter) do hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State of Califomia ("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 over, upon, across and under the subject land consisting of "Bioretention/Passive Open Space" (LOT A AND LOT B), and "Passive Open Space and steep slope preservation" (LOT D), the real property described and shown as follows: SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. 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 permitted as part of Case No. 16-211 TMDB/MUP/DR/EIA/CDP (PC Resolution No. 2017-49) said permit may be hereinafter amended or modified pursuant to the I Municipal Code of the City of Encinitas. Each open space easement is defined as follows: (A)"Passive Open Space with Bioretention": Is defined as the areas of non- native landscaping buffer and bioretention with trees for passive and storm water use located along the frontage of Requeza Street, which includes LOT A and LOT B. Both lots contain non-native trees and shrubs and bioretention basins for storm water quality and flow control purposes. In general a bioretention basin is defined as a vegetated surface water system that filters water through vegetation and soil, or engineered media prior to infiltrating into native soils, if feasible. (B)"Passive Open Space and steep slope preservation", is defined as LOT D. 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. Bioretention facilities are to be maintained per the project Storm Water Maintenance Agreement (SWMA). 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, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas except as allowed in as part of Case No. 16-211 TMDB/MUP/DR/EIA/CDP, PC Resolution No. 2017-49, and as permitted per project Storm Water Maintenance Agreement. (B) That, the "Passive Open Space with Bioretention (LOT A and LOT B)" and the "Passive Open Space and steep slope preservation (LOT D) as shown on attachment Exhibit "B" shall not be used for any purpose except as open space as described in No. 1 above. (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. (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 2 restrict the use to which the subject land may be put. This easement shall bind the owner and its successors and assigns. GRANTOR: F ECLUEZA-1.3,L..P.,, a-DelawarelIm ted partnership 6j:_CWQ R'EQU.EZA LL_C,.a;Ca.106mia lim''ited liability company.. 'its:-';Gerecal_Pattry�r' 3y: tl Ttle 9(L4­4 Je-^t- Date: 5 14 !P (Notarizations of GRANTORS' signatures are 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. 66i��- , 2��1A D Christopher e Magdosku Date/- City Engineer Development Services Department City of Encinitas 3 , 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 S 'Di ecc, ) On / L / /D before me, H.K. nj o , Date Here Inserikame and tie of the Officer personally appeared l7 an add W. J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(V whose name(S),is/aW subscribed to the within instrument and acknowledged to me that he/s;yWth* executed the same in his/hAr/tf eir authorized capacity(t),and that by his/Wth4ir signature(4 on the instrument the person(, or the entity upon behalf of which the person(V acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws M I<STUCKEY of the State of California that the foregoing paragraph Commission#2107610 is true and correct. a-- Notary Public-California z z : y WITNESS m hand and official seal. z °� n San Diego County n y My Comm.Expires May 16,2019 Signature Signature of Afptary 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: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE 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 9G.,n i Cq C7 SS. On j 20 f S' , before me, _ �1 r►'l ,Notary Public, DATE _ f personally appeared C,6 r iS0rJ kf r_ /��—� J" ` kG 485'ku ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names is re subscribed the within instrument and ackn ged to me tha e she/they executed the Sam i / er/their authori capacity(ies), and that by is r their signature(s) on the instrument the per n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. L ANGELA A. SIMON COMM.#2182396 NOTARY PUBLIC•cauFORNIA y I certif under PENALTY OF PERJURY under the 1I' SAN DIEGO COUNTY laws of the State of California that the foregoing uY Comm.Exv.MAR.2,so21 g g paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT"A" GRANT OF PASSIVE AND BIORETENTION OPEN SPACE EASEMENT PROPERTY LEGAL DESCRIPTION PROJECT NO. 16-211 TMDB/DR/CDP THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS,IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1:APN 258-141-38&-39 THE SOUTHERLY 742.50 FEET OF THE WESTERLY 518.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,TOWNSHIP 13 SOUTH,RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE EASTERLY 248.00 FEET AND THE NORTHERLY 175.00 FEET THEREOF. ALSO EXCEPTING THEREFROM ALL MINERALS,MINERAL DEPOSITS,MINERAL OILS AND NATURAL GASES OF EVERY KIND OR NATURE AS RESERVED BY DEED RECORDED AUGUST 15, 1921 IN BOOK 860,PAGE 36 OF DEEDS. PARCEL 2:APN 258-141-36 THE SOUTHERLY 190 FEET OF THE NORTHERLY 529 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL MINERALS, MINERAL DEPOSITS, MINERAL OILS AND NATURAL GASES OF EVERY KIND AND NATURE CONTAINED IN OR UPON THE ABOVE GRANTED PREMISES WITH THE RIGHT IN SAID GEORGE H.KETTELL AND BESSIE MAUD KETTELL,HUSBAND AND WIFE AND THEIR SUCCESSORS AND ASSIGNS, TO ENTER,UPON AND OCCUPY THE SAID PREMISES FOR THE PURPOSE OF PROSPECTING,DRILLING,FOR MINING OR REMOVING MINERALS,MINERAL OILS AND GASES,AS RESERVED BY GEORGE H.KETTELL AND BESSIE MAUD KETTELL,HUSBAND AND WIFE BY INSTRUMENT RECORDED AUGUST 15, 1921 IN BOOK 860,PAGE 36 OF DEEDS. PARCEL 2A: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES,UPON,OVER AND ACROSS THE WESTERLY 15.0 FEET OF THE NORTHERLY 154.0 FEET OF THE SOUTHERLY 727.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518.0 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,TOWNSHIP 13 SOUTH,RANGE 4 WEST,SAN BERNARDINO MERIDIAN,ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL 2B: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES,UPON,OVER,AND ACROSS THE NORTHERLY 15.0 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAY THEROF. EXHIBIT 'B" OPEN SPACE EXHIBIT 710 REQUEZA STREET- ENCINITAS, CA S 8856'05"E 269.99' 101.92'MR LU � Q ?moo D N tip 0 cti N LOT D z ci h� z 63.55' N 8805523"W 248.02' / 7.86' Li 121.52' 0 0 rn N � o W El Z W NC-i N � N =ENO,; = 10 — z _ = 1.99'Zo ice•-_ =LOra=� LLPS'I I I I 1:117.06'11 88°55 27 REQUEZA STREET OPEN SPACE ,K --_— BIORETENTION/PASSIVE SCALE: 1"=80' OPEN SPACE 80 0 80 EXHIBIT'T