2019-249698 DOC# 2019-0249698
up Recording Requested By and )
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When Recorded Mail To: ) Jun 25, 2019 03:42 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES:-$0:00 (SB2 Atkins: $0.00)
PCOR: N/A
City Clerk ) PAGES: 6
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel No. Case No. 18-233 SUBC
262-062-15 Bldg. Permit No. 19-925
NORTH COAST PRESBYTERIAN CHURCH, A CALIFORNIA NON-PROFIT RELIGIOUS
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. 18-233 SUBC, 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. 18-233
SUBC, 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.
DSD\JAD\T:\JDichoso-Projects\18-233 SUBC Redeemer TI\2018.233.subc.bose.cov.doc, -
(B) That, except as authorized by Case No. 18-233 SUBC, 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. 18-233 SUBC 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 DUI by
Bryan Schafer
(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.
a �
Dated
Ed Wimmer
(Notarization is attached.) City Engineer
DSD\JADMAJDichoso-Projects\18-233 SUBC Redeemer TI\2018.233.subc.bose.cov_doc -
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 t� 1
County of qo J}
On Jane Z5. �O 19 before me, L. �.-2.c.c�0 5, � Rra.bI;
Date Here Insert Name and Title of the Officer
personally appeared ww- 1' W ;mm��-
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.
P4. 4 BRANDI L.�S _
/ Notary Public-Caltfornla
San Diev County WITNESS my hand and official seal.
i hr
° Commission 8 22424th
P 14,2021
My Comm.Ex ices May
Signature
Place Notary Seal and/or Stamp Above Signature of Notary<uAlic
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:&,otvi S4--ee-,P S loge Pyy c e.Y� bn d�spo� I=as�
Document Date: Number of Pages: a-
Signer(s) Other Than Named Above: 7xva-�
Capaclty(ies) Claimed by Signer(s)
Signer's Name:' Signer's Name:
❑ 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
,E°Other: Gi e"I n-ear-- ❑ Other:
Signer is Representing: 0A 4,4 o-� EnGn:+%3 Signer is Representing:
02017 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate
verities only the identity of the individual who signed the
STATE OF CALIFORNIA document to which this certificate is attached,and not the
truthfulness,accuracy,or validity of that document.
County of San Diego
On June t� 2019 before me, Ash Nickle, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person("hose names is/arm subscribed to the
within instrument and acknowledged to me that he/sheMM
executed the same in his/hedth&authorized capacity};
and that by his/herAheir signaturekaon the instrument the
personK or the entity upon behalf of which the persorT(s7
ASH NICKLE acted, executed the instrument.
Comm.#2174802 r^
N ; NOTARY PUBLIC-CALIFORNIAN I certify under PENALTY OF PERJURY under the laws of
My COMM.CEXP.JAN.3,2021 °� the State of California that the foregoing paragraph is true
It and correct.
Witness my hand and ial seal.
Signature
Place Notary Seal Above OPTION Si ary -brit
AL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document e n n
Title or Type of Document: �s'� J � SIP �"6' (t� I UI 0 .Ytt
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ' ❑ Trustee
El Guardian or Conservator Top of thumb here El Guardian or Conservator lop of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
EXH I BIT "A"
DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF FRACTIONAL SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDIO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 9, 1881, AS
DESCRIBED AS PARCEL 2 OF THAT CORPORATION GRANT DEED TO NORTH COAST
PRESBYTERIAN CHURCH, RECORDED JULY 15, 1991 AS DOCUMENT NO. 1991-0346941 OF
OFFICIAL RECORDS, MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE PARCEL OF LAND SHOWN ON RECORD OF
SURVEY NO. 11553, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 7, 1988; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL, NORTH
89°49'00"WEST 309.43 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY, NORTH 48°36'23"
EAST 129.76 FEET;THENCE NORTH 51'14'54" EAST 104.61 FEET; THENCE NORTH 33°14'49" EAST
57.76 FEET; THENCE NORTH 24°15'56" EAST 92.73 FEET; THENCE NORTH 08°39'47"WEST 23.52
FEET; THENCE NORTH 24°19'13" EAST 38.18 FEET TO THE THE NORTHERLY BOUNDARY OF SAID
PARCEL OF LAND; THENCE ALONG SAID NORTHERLY BOUNDARY, SOUTH 89°49'00" EAST 48.72
FEET;THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL OF LAND, SOUTH 00°01'46"
WEST 343.00 FEET TO THE PRINT OF BEGINNING.
CONTAINING 1.136 ACRES, MORE OR LESS
EXHIBIT "B"ATTACHED HERETO AND MADE A PART HEREOF.
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JOSEPH
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DATE:
OF CAL\
PASS LA ET SUITER STEEP SLOPE EASEMENT
&ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 3076 SHEET 1 OF 2
EXHIBIT "B"
PLAT
N89 049'00"W 603.70'
N24°19'13"E /48.72/
38.18' f %
1 N08 039'47"W �'�
O 23.52'
l
APN 262-062-15 N24°15'56"E /
0 92.73'
W� w ROS 11553 N33°14'49"E � co
co
57.76'
co CD
0 iN
Z co
C) o
I POR W 1 /2 S W 1 /4
SW 1 /4 SEC 24 T13S N51°14'54°E / �` ,f
Q z 104.61'�/ �, C)
v R4W SBM /
j,
W N48 036'23"E
3 129.76'
309.43'
N89°49'00"W 604.35'
POB
1O COUNTY ROAD ESMT,9/13/1974, F/P.74-248710, O.R.
O2 SDG&E ESMT,7/20/1976, F/P.76-228273 O.R.
O DRAINAGE ESMT, 5/18/1983, F/P. 83-164883, O.R.
STEEP SLOPE EASEMENT 1.136 AC.
( ) RECORD DATA PER ROS 11553
PASCC LA ET SUITER N STEEP SLOPE EASEMENT
SCALE = 1"= 100'
&ASSOCIATES `N E
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 3076 s SHEET 2 OF 2