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2019-301307 t DOC# 2019-0301307 Recording Requested By and ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111 II When Recorded Mail To: ) Jul 24, 2019 01:22 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 ) PCOR: N/A 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. T Assessors Parcel No. Case No. 17-107 TPM/DR 264-160-60 Chad M. Garrett and Brittney J. Garrett, Husband and Wife, and Brett D. -Garrett and Ashley L. Garrett, Husband and Wife, ("GRANTOR" hereinafter), does 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 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. 17-107 TPM/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. 17-107 TPM/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 I installed and shall be removed after the planting has been established. (B) That, except as authorized by Case No. 17-107 TPM/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. 17-107 TPM/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 successors and assigns. GRANTOR: Dated f by l Chad M.��G//aW�ett Dated / by QBrittney J. Garrett Dated I by - —� Brett a rett Dated by sh ey L. G r et (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 rec tion the of by its duly authorized officer. Dated /Z,0 Edward J. Wi er City Engineer • Development ervices Department City of Encinitas (Notarization is attached.) 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 m z- On 1t i before me, u A Notary ublic personally appeared ��I -P, r Nud 0 . i R.04 Ad. whoved to me on the basis of satisfactory evidence to be the person(s) whname(s) is/ re subscribed to t ithin instrument and acknowledged to me that she/h the same in his/her/ eir uthorized capacity(ies), and that by his/her/ heir gnature(s) on the instrument the perso 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. WITNESS my hand and official seal. KIM WESTERFIELD Commission #2145292 Notary Public- California z z Z �, D Orange County Signature My Comm.Expires Mar 23,2020 (Seal) 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 �� 1 gA() SS. On l ' �� ` 1 , before me, Pmov&��, rn®n , Notary Public, DATE ` personally appeared �W0_rA W� Y-Y►YY tA"_ ,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 ged to me tha e/ he/they executed the sa his er/their authorize 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. 01 ANGELA A. EtM y 2N � I certify under PENALTY OF PERJURY under the 7. CommA 2182398 r e NOTARY PUBLIC-CALIFORNIA COUNTY SAN DIEGO laws of the State of California that the foregoing Gam` 6IY COMN.EXP.61AR.2,2021 paragraph is true and correct. WITNESS my hand and official seal. rb"41 PLACE NOTARY SEAL IN ABOVE SPACE I 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) TTTLE(S) F] ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT r-1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMOBF RINT 0 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 THAT PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 17006, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 25, 1992, AS FILE NO. 92-762399, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE SOUTHEASTERLY CORNER OF AFOREMENTIONED PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 74°48'35" WEST, 264.59 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 2,SAID CORNER ALSO BEING A COMMON CORNER BETWEEN SAID PARCELS 2 AND 3 OF AFOREMENTIONED PARCEL MAP NO. 17006; THENCE CONTINUING ALONG THE EXTENSION OF THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 74°48'35"WEST,41.43 FEET TO THE BEGINNING OF A NON-TANGENT 40.93 FOOT RADIUS CURVE, CONCAVE EASTERLY, HAVING A RADIAL BEARING OF SOUTH 51°23'46" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108 041'03" A DISTANCE OF 77.63 FEET TO A LINE PARALLEL WITH AND 1.00 FOOT EASTERLY, MEASURED AT A RIGHT ANGLE, FROM THE COMMON LINE BETWEEN SAID PARCELS 2 AND 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 17 004'12"WEST, 25.30 FEET TO THE BEGINNING OF A NON- TANGENT 239.85 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, HAVING A RADIAL BEARING OF NORTH 34 028'56"WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 057'35"A DISTANCE OF 142.16 FEET TO THE BEGINNING OF A TANGENT COMPOUND 161.55 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51 050'34" A DISTANCE OF 146.17 TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 02 025'35" EAST, 145.35 FEET TO THE POINT OF BEGINNING. � pL LAHpsell 5-4-201 � JAKE D. Cl Jake D. Logan, PLS 9042 Date a LOGAN 7D No.9042 F CAt I ` EXHIBIT "B" % PAR pgecei tae BOO N 17-04.1 I 2$,30w I ,•00. �j wNL"o I 4°. U! 9� 46 NIP* L m � p6 � Y i w Ln 5 fV 74 48 3Sb W i 264 S9, �\\ i 288.02. � I V POINT OF BEGINNING SAND SGT J iL7 L.S. 9042 Q 2 9�F OF C N 80 40 0 80 160 JAKE D. LOGAN, PLS 9042 SCALE IN FEET SCALE: 1" = 80' DATE