2018-442951 DOC# 2018-0442951
Recording Requested By and ) II I I III II I II II I I III 11111111111111111111
When Recorded Mail To: ) Oct 23, 2018 04:57 PM
)
d C) ) OFFICIAL RECORDS
r Ernest J. Dronenburg, Jr,
) SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins: $0.00)
City Clerk )
City of Encinitas ) PAGES. 7
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
1'1 d GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel No. Case No. 14-256 TPM/DR/CDP
258.1 - 2 / e71%J/ 777 72'74 1-7.!)
McCullough(eDesign & Development Inc., a California Corporation ("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. 14-256 TPM/DR/CDP, 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. 14-256
TPM/DR/CDP, 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. 14-256 TPM/DR/CDP, it shall not use the
subject land for any purpose except as open space and to permanently maintain the
DSD\JAD\T:\COVENANT\2014\2014.256.tpmdredp.bose.cov.doc -
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. 14-256 TPM/DR/CDP 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 I/leP4.- Zk18 by ,
Mont gh
McCullough Design & Development Inc.
(Notarization of OWNER signature is attached.)
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.
/ l
Dated (01 /�7
by
t�
City Engine
Development Services Department
City of Encinitas
(Notarization is attached.)
DSD\JAD\T:\COVENANT\2014\2014.256.tpmdredp.bose.cov.doc -
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 SAN DIEGO }
On DV 5, ,-t)I before me, MARIA C. COLLINS, NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared Ctd It Ot[&(4
who proved to me on the basis of satisfactory evidence to be the person(s) whose
names-) is re subscribed to the within instrument and acknowledged to me that
40t.he/they executed the same in iilEar er/their authorized capacity(ies), and that by
4,11Qt er/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.
�-rte r......-........«.
WITNESS my hand and official seal. MAMA C.COLLINS
_ Commission No. 2230466 A
V ' NOTARY PUBLIC-CALIFORNIA
'x-P1.1 SAN DIEGO COUNTY
My Came.Ei$ires FEBRUARY 5.2022
ture (No ary u l
• •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
iza vt4 O ope sC as the wording does not require the California notary to violate California notary
g law.
(Title or description of attached document) • State and County information must be the State and County where the document
V,n i �n V1 C1 ���� ease` signer(s)personally appeared before the notary public for acknowledgment.
I k I ( �N • Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
/�/�f L� • The notary public must print his or her name as it appears within his or her
Number of Pages S Document Date L commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
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CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they,—is lace)or circling the correct forms.Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges,re-seal if a
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• Securely attach this document to the signed document with a staple.
ALL-PURPOSE ACKNOWLEDGMENT
1 j
0 A notary public or other officer completing this 1
1 certificate verifies only the identity of the individual 1
1 1
O who signed the document to which this certificate is 1
attached, and not the truthfulness, accuracy, or 1
validity of that document. 1
1 1
1 1
1 State of California 1
1 SS. 1
County of �V� �Y O •
1
/� POO O A . S'i 1
• On '6' ��� 201 � before me, � ��I'> Notary Public, 1
DATE. 0
I 1
personally appeared ware. -3-, J3, \ (\'e h , who proved to me on the
1 I
1 basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument •
• and ackn ged to me tha she/they executed the 0
sa i /her/their authori capacity(ies), and that •
1 by hi her/their signature(s) on the instrument the j
1 person(s), or the entity upon behalf of which the 1
1 person(s) acted, executed the instrument. 1
• •
• �"r° . ANGELA A. SIMON
1 .• 6,411#6% COMM.*2182396 rn I certify under PENALTY OF PERJURY under the 1
-, i NOTARY PUBLIC-CALIFORNIA y 1
1 o►:�, SAN DIEGO CC4.1 2o�t laws of the State of California that the foregoing
m Cant paragraph is true and correct. I
•• WITNESS my hand and official seal. •
•
• •
• •
1 PLACE NOTARY SEAL IN ABOVE SPACE NOTARY"S SIGNATURE 1
OPTIONAL INFORMATION ■ •
1 The information below is optional. However,it may prove valuable and could prevent fraudulent attachment I
1 of this form to an unauthorized document. 1
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUNIENT
0 ❑ INDIVIDUAL 1
III CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 1
1 Ell PARTNER(S) TITLE(SI 1
❑ ATTORNEY-IN-FACT NU'FIBER OF PAGES 1
1 ❑ GUARDIAN/CONSERVATOR 1
1 SUBSCRIBING WITNESS 1
1 — DATE OF DOCUMENT 1
1 ❑ OTHER: 1
1 1
1 OTHER 1
1 RIGHT I
I SIGNER(PRINCIPAL)IS REPRESENTING:
1 NAME OF PERSON(S)OR ENTITYI IES) THUMBPRINT . 1
1 OF 2 1
I SIGNER
1 -
• 1
\P\01 2015 NOTARY BONDS,SUPPLIES AND FORMS AT IITTP- WA W,V,\LLEY-SIERR\.CO\I ■ 2 005-2017 VALLEY-SIERRA INSURANCE
•
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
THE NORTHERLY 240.00 FEET OF THE SOUTHERLY 600.00 FEET OF THE EASTERLY 397.00 FEET OF THE WESTERLY
920.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 13 SOUTH,
RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881.
ALSO THAT PORTION, IF ANY,OF THE NORTHERLY 240.00 FEET OF THE SOUTHERLY 600.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23, LYING WESTERLY OF THE EASTERLY
400.00 FEET OF SAID QUARTER.
EXCEPTING THEREFROM THE WESTERLY 920.00 FEET.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED LAND,THAT PORTION, IF ANY,WHICH LIES WITHIN THE
NORTHERLY 720.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.
PARCEL 2:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 HEREIN DESCRIBED;THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89°08'38"WEST, 218.33 FEET TO THE EASTERLY LINE OF A 12.00 FOOT
WIDE PUBLIC UTILITIES EASEMENT GRANTED TO SDG&E PER DOCUMENT RECORDED APRIL 26, 1962 AS FILE NO.
71951;THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 00°48'22" EAST, 70.51 FEET;THENCE LEAVING
SAID EASTERLY LINE SOUTH 54°44'12" EAST,8.04 FEET TO THE BEGINNING OF A TANGENT 93.27 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
30°01'56"A DISTANCE OF 48.89 FEET;THENCE SOUTH 87°20'03" EAST, 110.48 FEET;THENCE SOUTH 63°40'25"
EAST,60.92 FEET TO THE EASTERLY LINE OF PARCEL 1 HEREIN DESCRIBED;THENCE SOUTHERLY ALONG SAID
EASTERLY LINE SOUTH 00°40'08"WEST,22.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,570.47 SQUARE FEET MORE OR LESS
PARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 HEREIN DESCRIBED;THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID PARCEL 1 NORTH 00°52'57" EAST, 214.90 FEET TO THE SOUTHERLY LINE OF A 12.00 FOOT
WIDE PUBLIC UTILITIES EASEMENT GRANTED TO SDG&E PER DOCUMENT RECORDED APRIL 26, 1962 AS FILE NO.
71951;THENCE EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°27'31" EAST, 137.40 FEET TO THE BEGINNING
OF A NON-TANGENT 79.90 FOOT RADIUS CURVE CONCAVE EASTERLY, HAVING A RADIAL BEARING OF NORTH
65°29'37"WEST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°54'15"A DISTANCE
OF 34.73 FEET;THENCE SOUTH 00°23'52" EAST, 29.14 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 54°20'20"A DISTANCE OF 75.87 FEET;THENCE SOUTH 54°44'12" EAST, 17.22'TO THE WESTERLY LINE
OF A 12.00 FOOT WIDE PUBLIC UTILITIES EASEMENT GRANTED TO SDG&E PER DOCUMENT RECORDED APRIL 26,
1962 AS FILE NO. 71951;THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00°48'22"WEST,78.74 FEET TO
THE SOUTHERLY LINE OF PARCEL 1 HEREIN DESCRIBED;THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH
89°08'38"WEST, 180.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 33,272.41 SQUARE FEET MORE OR LESS
��\oNa�LAHpsG`�
9
o
JAKE O. o
a LOGAN
V")
No.j9042
'�s �- 1 A0A0 S -17) C •
Jake D. Logan, PLS 9042 Date
��
EXHIBIT "B"
S 88'58'52" E 410.00'
1,v' T,-/-/-/--,-/-7 ,T7
V. S 89'27'31" �� �-ss?913)1 i 12' WIDE PUBLIC UTILITIES
137.40' v �- w(RJ EASEMENT GRANTED TO SDG&E
PER DOCUMENT RECORDED
S 89'36'08" W (R) APRIL 26, 1962 AS FILE NO. 71951
In rill N � S 89'36'08" W (R)
N I le/ I N
/ ''
w O c,), P. , N
�yiI h) /
w
N N ��/ IJ ,i,`// 00
/ I
;� 1 I r) O
OO LF) P` ! I O
z f v) S 87'20'03" E °
C� 110.48' O
z
J �J 43
180.50' I I 218.33'
-c) -0
II -0 :0
x P N 89'08'38" W I 1 410.82' 7D P
m . II m °°
w I 1 r.)
CURVE TABLE u LINE TABLE
Cl - R=93.27' A=30'01'56" L=48.89' L1 = N 00'48'22" E 70.51'
C2 - R=79.90' A=24'54'15" L=34.73' L2 = S 54'44'12" E 8.04'
C3 - R=80.00' 0=54'20'20" L=75.87' L3 = S 63'40'25" E 60.92'
L4 = S 00'40'08" W 22.30'
60 30 0 60 120 L5 = S 00'23'52" E 29.14'
L6 = S 54'44'12" E 17.22'
SCALE IN FEET N L7 = S 00'48'22" W 78.74'
LEGEND SCALE: 1" = 60' •
(---\_AND AREA DESCRIBED IN FE EXHIBIT ' A' �0� 9�
CONTA N NG 10 5 0.47SQUARE EETMORE OR LESS .L
(1111 CONTAINING 33 27DESCRIBED
2.41 RSQUARE PARCEL
EET MORE OR LEI SS "A"
'f
J, L.S. 9042 Q
RANCHO COASTAL 9�F of cP� '
ENGINEERING & SURVEYING
SINGLE SOURCE DEVELOPMENT CONSULTANT
310 S. TWIN OAKS VALLEY RD., #107-297 -'1.1.1111111��
SAN MARCOS, CA. 92078 — - 111 I 19-11 - 20 1 gj
(760) 510-3152 Ph / (760) 510-3153 Fax JAKE D. LOGAN, PLS 9042 DATE