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2019-51120 DOC# 2019-0051120 Recording Reed sted By and ����III111111IIIIIII ill ill 1111 IIl1II1 11111111111111111 II I When Feb 12, 2019 04:19 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk ) SAN S: $0.00 COUN ARECORDE City of Encinitas ) 505 S. Vulcan Avenue ) PAGES: 9 Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE This document is intended to supersede the, previously recorded "Grant of Steep Slope Preservation Open Space Easement Covenant" recorded as Document Number 2017-0508371 on October 31, 2017. GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel No. Case No. 18-116 TPMMOD/DRMOD/CDP 256-232-24 "-460. T�C- O Scott L. Glenn, a Widower, for the Rebecca Glenn Descendants Trust, Dated January 4, 1991 ("GRANTOR" hereinafter), does hereby grants, conveys, and dedicates 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 Exhibits "Al," "A2," and "A3" 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. 18-116 TPMMOD/DRMOD/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. 18-11'6 TPMMOD/DRMOD/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. 18-116 TPMMOD/DRMOD/CDP, 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 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. 18-116 TPMMOD/DRMOD/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: �C Dated �' by Scott L. Glenn for the Rebecca Glenn Descendants Trust, Dated January 4, 1991 (Notarization of OWNER 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 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. Edward J. Wi m r D to City Engineer Development Services Department City of Encinitas (Notarization is attached.) Ei 1 �.l � CALIFORNIA RNI ALL- PURPOSE � �a CERTIFICATE OF ACKNOWLEDGMENT l 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 i F State of California } f } i County of 1 before me, Arthur P.Arq>Inalla,Notary Penbli� , On (Here insert name antl to e o the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(,9CisAlre subscribed to the wit 'n instrument and acknowledged to me that hh -she/they executed the same i hi her/their authorized capacity(ies), and that by Is 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. ' ARTHUR P.AFkQU.lLLA WIT S my hand nd official seal. d CDMMISSIQCC dA IFOR �' NOTAfili'I�UBWC•CALIFORNIA SAN,DIE�b COUNTY COMMISSIOtV EXPIRES JAN 7,2022 Notary Public Signa ure (Notary Public Seal) ! INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL ® 10NAL INFO RMATI 0N nisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Aclawwlete so los tom other states ma, be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. r (Title of description of attached document) • State and County information must:be the State and County where the document _. signer(s)personally appeared before the notary public for ack a wledgmea e Date of notarization must be the date that-the.signer(s�personally appeared which...-.. - - --- - - (Title'vrdescription of attached document continued) must also be the same date the acknowledgmentis completed. •.`The notary public must print his or her name as it appears within his or her Number of Pages Document Date 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 I, notarization. CAPACITY.CLAIMED BY THE SIGNER Indicate the correct singular or plurrxl forms by crossing off incorrect forms (i.e. lie/she/the};is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) _ information may lead to rejection of document recording. - ❑ Corporate Officer • The notary seal impresgraphically"reproducible. sion must be clear and photo Impression must not cover text or lines.If seal impression smudges,re-seal if a __ sufficient area permits,otherwise complete a different acimowled ent form ffi p i er gm (Title) o Signature of the notary public must match the signature on file with the office of ❑ Partner(S) the-county Additional J ❑ Attorney-in-Foci Additional information is not required but could help to erasure this acknowledgment is not misused or attached to a different document. I 11 ❑ Trustee(s) Indicate title or type of attached document,number of pages and date. I!" Other Indicate the capacity claimed by the signer.If the claimed capacity is a ❑ corporate officer,indicate the title(i.e.(5EO,CFO,Secretary). j Securely attach this document to the signed document with a staple. Ij� Mo 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 so-Y) eA SS. On o`er--7— l , before me, m 6 In , Notary Public, DATE 1 personally appeared w 01(-A �' L'J� rn n-���'' ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s Is/ re subscribed the within instrument and ackn dged to me tha e/ he/they executed the sam I her/their authorize capacity(ies), and that by her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the P 4 ---- ANGELA A. SIMON person(s) acted, executed the instrument. ,@Comml2182396 to NOTARY PUBLIC-CALIFORNIA .. I certify nder PENALTY OF PERJURY under the SAN DIEGO COUNTY Y ANGELA Comm.EXP.MAR.2,2021 laws of the State of California that the foregoing 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 r NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT r OF E r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "Al" LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 1 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02°55'22" WEST, 225.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN, SOUTH 87°28'45" WEST, 283.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN, SOUTH 87°28'45" WEST, 26.32 FEET; THENCE DEPARTING SAID SOUTHERLY LINE,NORTH 08°12'05" WEST, 65.79 FEET; THENCE NORTH 72 013'13" EAST, 10.58 FEET; THENCE NORTH 86°24'58" EAST, 4.86 FEET; THENCE NORTH 54°07'01" EAST, 8.79 FEET; THENCE SOUTH 12°40'39" EAST, 41.50 FEET; THENCE SOUTH 0712'27" EAST, 22.98 FEET; THENCE SOUTH 09°57'31" EAST, 9.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,752 SQUARE FEET MORE OR LESS4 LAND 3 U9 ALES GFt v 2 �. m L.S. 7959 2 SE . ENGLERT, L.S. 7959 DATE OF CALF SHEET 1 OF 3 EXHIBIT "A2" LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 2 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 2355,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02°55'22" WEST, 225.00 FEET TO THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN SOUTH 87°28'45" WEST, 173.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID DEED TO GLENN SOUTH 87 028'45" WEST, 11.55 FEET; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 11°28'45" EAST, 1.28 FEET; THENCE NORTH 83°23'50" WEST, 13.26 FEET; THENCE NORTH 23°24'23" EAST, 26.73 FEET; THENCE NORTH 25°35'48" EAST, 5.76 FEET; THENCE NORTH 66°14'08" EAST, 14.19 FEET; THENCE NORTH 23°45'52" WEST, 12.18 FEET; THENCE NORTH 25°35'48" EAST, 5.55 FEET; THENCE NORTH 47°46'57" EAST, 14.91 FEET; THENCE NORTH 34°22'43" EAST, 31.10 FEET; THENCE NORTH 89°13'40" EAST, 15.32 FEET; THENCE SOUTH 25 043'22" WEST, 99.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,019 SQUARE FEET MORE OR LESS LES • v G 2�, 09 2 � m N L.S. 7959 SEA &-ENGLEIRT, L.S. 7959 DATE ��OF CA1-Z� SHEET 2 OF 3 EXHIBIT "A3" LEGAL DESCRIPTION OPEN SPACE EASEMENT PARCEL 3 THAT PORTION OF LOT 28 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO.2355,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 27, 1946,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 28; THENCE ALONG THE EASTERLY LINE OF SAID LOT 28, SOUTH 02°55'22" WEST, 125.00 FEET TO THE NORTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DEED TO GLENN RECORDED OCTOBER 30, 2014 AS DOCUMENT NO. 2014-0473468 OF OFFICIAL RECORDS; THENCE DEPARTING SAID EASTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID DEED TO GLENN,NORTH 89°13'40" WEST, 319.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 19°34'21" EAST, 42.17 FEET; THENCE SOUTH 54°07'01" WEST, 6.00 FEET; THENCE SOUTH 86 024'58" WEST, 14.56 FEET; THENCE NORTH 25°07'58" WEST, 49.17 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE SOUTH 89013'40" EAST, 26.15 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1,018 SQUARE FEET MORE OR LESS LAND P ES m 2 5. U*) L.S. 7959 SEAN C. GLERT, L.S. 7959 DATE ca�1 � SHEET 3 OF 3 EXHIBIT nBn SHEET 1 OF 2 PLAT OF OPEN SPACE EASEMENT SCALE: 1"=60' SIDONIA ST. S02'55'22"W 225.00' o 125.00' 100.00' w 00 OZN I Z o l Q v 222220 I rn `V NOTE: a o a0 BEARINGS IN TERMS OF Q w�! mw H�� R.O.S. NO. 22630. o U Q r —o------- Of Q 2� e� 10' L� � pgRc a P o 00 rp 0 N to Lo oi o Vi -Ln 3 00 ------M 9 00 N co N C� Q 000 rn bs �i 10 00 z 6 @ I o00 0 �,2 � a pOQo 2�� N IL C5 M O O_ `V/ --------- Q d U Q O a Q cr ~ o a a L6 CN4 Q I N L5 '4 00 PARCEL 1 L�OC°3o `�o X20 �� T.P.O.B. L -1=- � I 2 � LL: �2 I I NO 4'15" 8"W ��y� 00 (A � 125.39' °0 Z Oi N 8.03' 16.87' `n W`n 117.36' -i� —of W d Q I 238.97' 8.03' IN04'15118"W 247.00' pOG°�o 2�4 pOO Goo �4 pOO G3o 2�4 FA LAND SU9 }� LES Fti��o S I COASTAL LAND SOLUTIONS,INC. C L� m 577 SECOND STREET cn L.S. 7959'' ENCINITAS, CA 92024 � � PH (760) 230-6025 2-5-19 FAX (760) 230-6026 SEAN C. ENGLERT, L.S. 7959 DATE srq�OF CAS-�Q�� CLS#1335TPMMOD EXHIBIT "B" SHEET 2 OF 2 PLAT OF OPEN SPACE EASEMENT I.BrGSI�1D P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING LINE TABLE LENGTH DIRECTION L1 65.79' N08'1 2'05"W L2 10.58' N72'13'13"E L3 4.86' N86'24'58"E L4 8.79' N54'07'01"E L5 41.50' S12'40'39"E L6 22.98' S07'1 2'27"E L7 9.50' S09'57'31"E L8 26.32' S87'28'45"W L9 1.28' N11'28'45"E L10 13.26' N83'23'50"W L11 26.73' N23'24'23"E L12 5.76' N25'35'48"E L13 14.19' N66'14'08"E L14 12.18' N23'45'52"W L15 5.55 N25'35 48 E L16 14.91' N47'46'57"E L17 31.10' N34'22'43"E L18 15.32' S89"1 3'40"E L19 99.17' S25'43'22"W L20 42.17' S1934'21"E L21 6.00' S54'07'01"W L22 14.56' S86'24'58"W L23 49.17' N25'07'58"W NOTE: BEARINGS IN TERMS OF R.O.S. NO. 22630. I COASTAL LAND SOLUTIONS,INC. LS577 SECOND STREET ENCINITAS, CA 92024 (760) 230-6025 FAX (760) 230-6026 CLS#1335TPMMOD