2019-192932 : T DOC# 2019-0192932
���y t Recording Requested By and
T When Recorded Mail To: )
May 21, 2019 04:13 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City Clerk ) SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES: $0.0 Atkins: $0.00)
POOR: N A
505 S. Vulcan Avenue ) PAGES: 6
Encinitas, CA 92024 )
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. 16-131 MUP/DR/PMW/EIA/CDP
262-160-26 and -27
Encinitas Senior Living LP, a California -limited partnership, ("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. 16-131 MUP/DR/PMW/EIA/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. 16-131
MUP/DR/PMW/EIA/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. 16-131 MUP/DR/PMW/EIA/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. 16-131 MUP/DR/PMW/EIA/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
—4 by
Andrew Plant on behalf
of Encinitas Senior Living LP
(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 Dated
Edward J. Wim er
City Engineer
Development Services Department
City of Encinitas
(Notarization is attached.)
All-purpose Acknowledgment California only
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 i1 ti°�`� before me, �1 � '"` '� Ol'� 1L (here insert name and title of the officer),
personally appeared
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) ,`:" f"F CHARLES WISDA
on the instrument the person(s),or the entity upon behalf of which the a W m� m COMM.#2200192 �
w NOTARY PUBLIC-CALIFORNIA a
person(s)acted,executed the instrument. SAN DIEGO COUNTY
w My Commission Expires os DWO21 w
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct. Notary Seal
WITNESS my hand
a d
Signature
For Bank Purposes Only
Description of Attached Document (�
Type or Title of Document
C L
Document Date J � Number of Pages
Signer(s)Other Than Named Above
DSG5350CA(Rev 02-05/17) F001-000DSG5350CA-01
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 :Sce-Y1 D ebb SS.
5'21 �� � elate '
On � , before me, � �t� �� +rn077 , Notary Public,
DATE
personally appeared ��� _3' LID► m rMt,4— ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(qer�/their-e subscribed the within instalment
and ac d to me tha he she/they executed the
Sal i authorized capacity(ies), and that
by his/ er/their signature(s) on the instrument the
per n(s), or the entity.upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON
CoMM.#2162396
N r NOTARY PUBLIC-CALIFORNIA U1 I certify under PENALTY OF PERJURY under the
SAN DIEGO COUNTY
MY 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 ATTACKED 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
SIGNER
APAOI:2015 NOTARY BONDS,SUPPLIES AND FORMS AT I ITTP:, \%'WW.V.1LLEti'-SIERRA.CO%I C'_005-2017VALLEN-SIERRA INSURANCE
EXHIBIT "A"
OPEN SPACE EASEMENT - LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE QUARTERS OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON
MAP NO. 10675, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID
MAP NO. 10675 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY; AS DESCRIBED IN PARCEL 1 OF GRANT DEED TO ENCINITAS SENIOR LIVING, LP.,
RECORDED MAY 31, 2018 AS DOCUMENT NO. 2018-221012, OF OFFICIAL RECORDS; BEING MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT LAND AS DOCUMENT NO. 1997-0537573, AS
SHOWN ON RECORD OF SURVEY NO. 21853, SAID POINT ALSO BEING THE SOUTHWEST CORNER
OF SAID PARCEL 1 OF SAID GRANT DEED;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND WESTERLY LINE OF THE LAND AS
SHOWN ON SAID RECORD OF SURVEY NO. 21853, NORTH 00°45'56" EAST 91.42;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89 014'04" EAST 4.30 FEET;
THENCE SOUTH 44 014'04" EAST 29.48 FEET;
THENCE SOUTH 89 014'04" EAST 16.76 FEET;
THENCE SOUTH 35 020'12" EAST 30.65 FEET;
THENCE SOUTH 00 035'34"WEST 45.63 TO THE SOUTHERLY LINE OF SAID PARCEL 1 AND
SOUTHERLY LINE OF SAID DOCUMENT 1997-0537573;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 024'26"WEST 60.10 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4,313 SQUARE FEET, MORE OR LESS.
EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
Leo SGT
GARY
D. MELLOM
GARY D. MELLOM, PLS 8537
LS 8537
DATE:
CA��
PEN SPACE
PASCO LARET SUITER O EASEMENT
&ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2235 SHEET 1 OF 2
r .
EXHIBIT "B"
OPEN SPACE EASEMENT PLAT
LOT 10
/ ZMAP 10675
EL CAMINO COURT 10'PUBLIC UTILITY
/ EASE. 05/01/89 F/P.
(PRIVATE) _ 89-227395, O.R.
(N 89°25'19" W 362.40')
- - - - - -- - - - 127_92' - - - - —234.48'—
20'PRIVATE ROAD � PRIVATE ROAD&
AND UTILITY EASE. DOC NO.: UTILITY EASE.
12/17/02 1996-0257747 12/17/02
F/P. 2002-1151121, F/P. 2002-1151122,
O.R. 63'
APN: APN: O.R. APN:
262-160-25-00 262-160-26-00 262- 160-27-00 .�
rn ED
N W
POR. SE 1 /4 M SEC. 23 o T13S R4W SBM c p
� co
Z
PARCEL 1OF w
ED co
GRANT DEED o PARCEL 2 OF m Q
0 05/31/18 o GRANT DEED
z F/P. 2018-0221012,z 05/31/18
0.R. F/P. 2018-0221012, z
S89°14'04"E S44°14'04"E O.R.
4.30' 29.48'
S89°14'04" 20'ROAD&UTILITY EASE.
W 16.76' 08/29/60, F/P. 60-175486, O.R.
S35°20'12"E 02/16/66, F/P. 66-27428, O.R.
o 30.65' 04/20/77, F/P. 77-144492, O.R.
POB z °' S00°35'34"W
- - - - - _ — 45.63'
127.92' 235.17'
(N 89°24'26"W 363.09)
N89°24'26"W HATCH INDICATES
so.1o' I
PM NO. 11058 OPEN SPACE PM N0. 11058
PARCEL 2 EASEMENT 4,313 PARCEL 1
SQ.FT.
LEGEND
PROPERTY LINE ADJOINING PROPERTY LINE
RIGHT-OF-WAY LINE OPEN SPACE EASEMENT LINE
CENTER LINE — — — — — — EXISTING EASEMENT LINE
( ) RECORD DATA PER ROS 21853
PASCO LARET SU ITER SCALE = V= 80' N OPEN SPACE
&ASSOCIATES E EASEMENT
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2235 s SHEET 2 OF 2