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2019-98668 DOC# 2019-0098668 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Mar 19, 2019 04:26 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Recording Requested By and ) SAN DIEGO COUNTY RECORDER When Recorded Mail To: ) FEES: $o.00 (SB2 Atkins: $0.00) ) PCOR: N/A City Clerk ) PAGES: 9 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR BENEFIT OF THE CITY ) SPACE ABOVE FOR-RECORDER'S USE GRANT OF COASTAL BLUFF CONSERVATION OPEN SPACE EASEMENT Assessor's Parcel No. l Case No. 16-320 CDP 256-084-08 Grading Permit No. 14171-G Albert P. Carey and Victoria V. Carey, Husband and Wife as joint tenants, ("GRANTOR" hereinafter), does hereby grants, conveys and dedicates a Coastal Bluff Conservation 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 and bluff face not disturbed or restored by the grading as shown on the approved project drawings for Case Nos. 16-320 CDP and 17-026 CDP. No building, structure or other improvements whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as is permitted by Case Nos. 16-320 CDP and 17-026 CDP, as said permits were issued by Resolution Nos. PC-2017-27 and PC-2018-01 of the Planning Commission on July 20, 2017 and January 18, 2018 respectively, or as said permits 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 things whatsoever on the subject land, nor shall grading be performed, other than such grading or other things as are permitted by Case Nos. 16-320 CDP and 17- 026 CDP, as said permits were issued by Resolution Nos. PC-2017-27 and PC- 2018-01 of the Planning Commission on July 20, 2017 and January 18, 2018 respectively or as said permit may be hereinafter amended or modified pursuant DSD/JD/T\Covenant\2016.320.cdp.carey.bluffoseasement.cov.doc Page 1 of 4 5 to the Municipal Code of the City of Encinitas. (B) That it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and coastal bluff face. (C) That it�::shall not excavate or grade or permit any excavating or grading to be do-ne 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 Nos. 16-320 CDP and 17-026 CDP, as said permits were issued by Resolution Nos. PC-2017-27 and PC-2018-01 of the Planning Commission on July 20, 2017 and January 18, 2018 respectively 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 �� J Albert P. Carey Dated Victoria V. Carey (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 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. Li 3 ) -aV19 Edward J. Wim er Date City Engineer Development Services Department City of Encinitas (Notarization is attached.) DSD/JDMCovenant12016.320.cdp.carey.bluffoseasement.cov.doc Page 2 of 4 f � STATE OF NEW YORK ) SS: COUNTY OF WESTCHESTER ) On the 15th day of March in the year zoig before me, the undersigned, a Notary Public in and for said state, personally appeared Albert P. Carey, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. r C NO S INE T ORN _Notary Public,State of New York No.01TH6052990 Qualified in WESTCHESTER COUNTY My Commission Expires 01/02/.. r r � 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 f5a SS. On E —�(� , before me, bl�,la 1� 1 016 n , Notary Public, DATE personally appeared EJ WO-rJ W o ✓►'� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ e subscribed the within instrument and ac edged to me tha he he/they executed the sam his er/their authorized capacity(ies), and that by i /her/their signature(s) on the instrument the � ANGELA A. SI��!ON person(s) or the entity upon behalf of which the Comm.#2182396 ,n ' N b NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY person(s) acted, executed the instrument. MY Comm.EXP.MAR.2,2021''' 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. f 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 F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF E s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRAINSURANCE 1 � to the Municipal Code of the City of Encinitas. (B) That it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and coastal bluff face. (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 Nos. 16-320 CDP and 17-026 CDP, as said permits were issued by Resolution Nos. PC-2017-27 and PC-2018-01 of the Planning Commission on July 20, 2017 and January 18, 2018 respectively 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 Albert P. Carey Dated & 14 o'ZO/q Vyn I Ut Victoria V. Care (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 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� zo/9 Edward J. Wi er Date City Engineer Development Services Department City of Encinitas (Notarization is attached.) DSD/JDrRCovenant\2016.320.cdp.carey.bluffoseasement.cov.doc Page 2 of 4 S f 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 Cali rnia 1 County of �� e J} On ��G before me, Date ) Here Insert Name and Title of the Officer \ personally appeared v Name(s) Signer(s) )E\� I 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 is true and correct. VICTORIA VIALESIK J 's Notary Public•California WITNESS my and nd official seal. Sin Diego County z Commission N 2234451 My Comm.Expires Mar 16,2021 J Signature Place Notary Seal and/or Stamp Above Si nature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docy{nent Title or Type of Doc ent: V� Document Date: 1pNe" A Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) C`I"med by Signer(s) Signer's Name:`� y� ` Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ P ner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ndividual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02017 National Notary Association M1304-09 (09/17) EXHIBIT "A" 554 Neptune Avenue (APN 256-084-08) Legal Description LEGAL DESCRIPTION PARCEL 1: LOT 3 IN BLOCK "E" OF SOUTH COAST PARK NO. 3, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 1935, FILED-IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 1926. PARCEL 2: ALL THAT PORTION OF BLOCK "F" OF SOUTH COAST PARK NO. 3 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 17, 1926, AS FURTHER DESCRIBED IN RECORDED GRANT DEED DOCUMENT NO. 2004-0488730 Assessor's Parcel No. 256-084-08 DSD/JDMCovenant12016.320.cdp.carey.bluffoseasement.cov.doc Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT A PORTION OF LOT 3 IN BLOCK E AND A PORTION OF BLOCK F OF SOUTH COAST PARK NO. 3, MAP NO. 1935, IN THE CITY OF ENCINITAS,,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID BLOCKS E AND F LYING BETWEEN THE NORTH AND SOUTH LINES OF SAID LOT 3 AND THE WESTERLY PROLONGATION OF SAID NORTH AND SOUTH LINES OF LOT 3 AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE NORTH LINE OF SAID LOT 3, SOUTH 67°27'22°WEST 119.60 FEET TO THE TOP OF BLUFF LINE AS§HOWN ON CITY OF ENCINITAS GRADING PLAN NO. 538-G,APPROVED ON MARCH 27, 2008, BEING THE TRUE POINT OF BEGINNING;THENCE ALONG SAID TOP OF BLUFF LINE, SOUTH 51 022'02" EAST 0.92 FEET;THENCE SOUTH 24°22'30" EAST 3.43 FEET; THENCE SOUTH 20°33'30" WEST 11.52 FEET;THENCE SOUTH 03 015'17"WEST 3.28 FEET;THENCE SOUTH 22 049'27" EAST 2.56 FEET; THENCE SOUTH 01°22'55" EAST 9.11 FEET,THENCE SOUTH 34 042'26° EAST 4.71 FEET;THENCE SOUTH 11 031'02° EAST 9.75 FEET; THENCE SOUTH 07 022'57" EAST 5.59 FEET; THENCE SOUTH 15 057'36" EAST 3.82 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3 THAT BEARS SOUTH 67 027'22"WEST 134.40 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 3. CONTAINING: 3,968 SQUARE FEET/0.09 ACRE CL� CU,,4L CHRIS CIREMELE, LS 5261 N SURD � U 00.GIRF, 1O .1.s52�1 C� O EXHIBIT "B" Zp, 2p' 4 v-o POB 'Q wE �� ANN Z BLOCK F 6�'2� TPOB W LY PROLONGATION OF NORTH LINE BLUFF LINE PER MAP 1935 �L �3 BLUFF LINE PER p' L GRADING PLAN n /L7 8 134,4r�1'ZZ 0 E Co. ;+ BLOCK F L9 6? 2 n L1 O Z W LY PROLONGATION OF SOUTH LINE BLOCK F SCALE. 1"=40' LINE DATA TABLE NO. DIRECTION DISTANCE Ll S 5122'02' E 0.92' L2 S 2422'30" E 3.43' L3 S 20 33'30" W 11.52' L4 IS 0315'17" W 3.28' LEGEND L5 S 22'4927" E 2.56' L6 S 0122'55" E 9.11' OPEN SPACE EASEMENT L7 S 34 4226" E 4.71' 3,968 S.F. 0.09 AC. f L8 S 1131'02" E 1 9.75' POB POINT OF BEGINNING L9 IS 0722'57" E 1 59' TPOB TRUE POINT OF BEGINNING L10 S 155736" E 1 3.82' Q LAND PREPARED BY: �`3' � c ' OPEN SPACE CIREMELE SURVEYING, INC. C' EASEMENT PLAT 164 S ESCONDIDO BLVD. � 554 NEPTUNE AVENUE ESCONDIDO, CA 92025 (_ ENCINI TAS, CA 92024 (760) 489-2200 Jj, N0.5267 ��Q- '9TF OF CAVFp� APN: 256-084-08 SCALE. 1"--40' DATE. 813112017