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2019-193014 DOC# 2019-0193014 Recording Requested By and ) lA When Recorded Mail To: May 21, 2019 04:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk ) SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 (SB2 Atkins: $0.00) 505 S. Vulcan Avenue ) POOR: N/A Encinitas, CA 92024 ) PAGES: 6 FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT AND SENSITIVE HABITAT PRESERVATION EASMENT Assessor's Parcel No. Case No. 8-022 DR 257-040-16 HannahGraham II, LL C, a California limited liability company, ("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 "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 and habitat preservation for sensitive vegetation, including Coastal Sage Scrub, 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. 18-022 DR, 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. 18-022 DR, 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. 18-022 DR, 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. 18-022 DR 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 s cessors - d ig GRANTOR: (� Dated y-9 �"I by Richard Alleyway on behalf of HannahGraham II, LLC (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. A- �J Dated "-a 1 � Edward J. Wi r City Enginee Development ervices Department :City of Encinitas (Notarization is attached.) 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 On �1s I� before me, �bi C In k �XiII � ° '"'10cer MHO Date � A � I �T Insert Name and Title of the personally appeared �l 1y11- Name(s)of Signer(s) 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. PATRICIA A.KELLEY Notary Public-California WITNESS my hand and official sbal. San Diego County Commission ay 2256478 My Comm.Expires Aug 30,2022 Signature NAAVV��C Place Notary Seal and/or Stamp Above Signature o I 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 Document ��/n�pp ,, y� c1/y� Q/ 4— Title or Type of Document:Ctl(�IYI'� Q �S1ul1�1/�reS�i1N01�1Oh �p VY"' �"1"" Document Date: U-11-101 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) ClaiRed by Si ner s Signer's Name: Signer's Name: [I Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association 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 `fin biecho SS. On �� 2( _� 9 , before me, 0��0. I�t • J11(�'LC�y1 ,Notary Public, DATE •-� personally appeared FALQ fiA J• e CO rne-C ,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 ac edged to me th he he/they executed the sa his er/their authorized capacity(ies), and that b hi /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the �•T ANGELA A. SIMONN person(s) acted, executed the instrument. Comm.#2182396 N r 9 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the ,�- MY COUN.EXP.MAR.2,2o2i laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ti 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 s NAME OF PERSON(S)OR ENTITY(IES) THUMOBFPRINT s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, 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 UNITED STATES GOVERNMENT SURVEY MAP APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID COUNTY ROAD KNOWN AS OLD SURVEY NO. 35 AND SHOWN ON THE MAP THEREOF IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY,WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER,NORTH 89°22'36" WEST 279.00 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO ROY E. SCHOTT AND PAMELA G. SCHOTT RECORDED JANUARY 26, 1971 AS FILE/PAGE NO. 15032, OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER NORTH 89 022'36" WEST 87.81 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 0 037'24"WEST 12.67 FEET; THENCE SOUTH 45°37'24" WEST 47.16 FEET; THENCE SOUTH 0°37'24 WEST 57.61 FEET; THENCE SOUTH 47°15'57" EAST 12.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 290.85 FEET, A RADIAL TO SAID POINT BEARS SOUTH 37028'13" WEST THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 30.37 FEET THROUGH A CENTRAL ANGLE OF 5 058'58" TO A POINT OF REVERSE CURVATURE AND A NON-TANGENT CURVE CONCAVE SOUTWESTERLY HAVING A RADIUS OF 50.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 47°31'14"EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 21.10 FEET THROUGH A CENTRAL ANGLE 24°10'24";THENCE SOUTH 0°31'28" WEST 9.42 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SCHOTT LAND; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89 022'36" EAST 81.47 FEET TO THE SOUTHEAST CORNER OF SAID SCHOTT LAND; THENCE ALONG THE EASTERLY LINE OF SAID SCHOTT LAND NORTH 01 017'52" WEST 156.03 FEET (156.00 FEET PER DEED)TO THE TRUE POINT OF BEGINNING. CONTAINS 16,784 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE NORTH LINE OF RECORD OF SURVEY NO. 19078, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 2005, I.E.NORTH 89 022'36"WEST. WAND Sr1 865 t Op CAL EXS�IT'B►r OPENSPAMASEMEW LINE TABLE CURVE TABLE NO. BEARING DISTANCE NO. DELTA RADIUS LENGTH L1 S03724"W 1267' Cl 55858" 290.85' 30.37' L2 S4775577' 12.00' C2 247024" 50,00' 2.10' j I . , » , o I POB N'LY LINE SW$NEJ SEC 11 (279.00'Dd) POR. N 112, SEC 11, ��' o N892236'W 246.87' TIJ� R4W SB.M � — — — 23.00' 136.06' L1 87.81' —— I �I EXIS77NG 23' WIDE EASEMENT FOR o I PUBLIC HIGHWAY GRANTED TO THE ' CITY OF ENCINITAS RECORDED �1�►° j I JANUARY 24, 1995 AS RLE NO. 1995-0033063 OF O.R. 68' 45' 23' z a o I I �4i Jam, POR SW j NE SEC 11 ,3 N T13S, R4W S.B.B.M. I o 0 I I 1,AND 01- O��7 CALI4 :►��j �� �, SN1��,� 23.00' �o41'3a�RT S1� Tp�NGEN 81.47' N892236W 251.55' LOT NO. 1 Nu'- _ X 17--124 49-19 LEG'E11D 0 30 60 OPEN SPACE EASEMENT GRANTED TO CITY N GAM PO OF ENCINITAS HEREON 16,784 SF NOTE.' 171 SAXONY ROAD,57111E 21.E fMT9 CA 92024 SCALE: 1" = 30', BOUNDARY SHOWN HEREON PER ROS NO. 19078. M- (760)4M-0860 FAX(760)439-069