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2020-46048 i DOC# 2020-0046048 IIII I IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII III II Recording Requested B Jan 28, 2020 04:39 PM g q y And ) OFFICIAL RECORDS When Recorded Mail To: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins:$ 0.00) PCOR: N/A PAGES: 6 City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 _ ) SPACE ABOVE FOR RECORDER'S USE GRANT OF BIOLOGICAL OPEN SPACE AND STEEP SLOPE PRESERVATION EASEMENT DOCUMENTARY TRANSFER TAX$0 Assessor's Parcel No: Grading Plan No. 14216-G 264-091-04 Building Plan Check Nos. 19-4621463/464 Joseph Wozniak and Sara Baker, husband and wife as community property with right of survivorship, ("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 biological open space and the preservation . of steep slopes over, upon, across and under the subject land as described in Exhibit "A" and shown and depicted in Exhibit "B". This biological. open space and steep slope preservation easement shall remain in perpetuity on the subject property. No building, structure, animal grazing, landscaping or other improvements, other than those reviewed and approved by the City to enhance the biological resource value of the subject land, shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as permitted by Grading Permit No. 14216-G, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Any future improvements necessary in the biological open space and steep slope preservation easement area shall be reviewed and approved by' the City of Encinitas. (2) 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 Building Permit Nos. 19-462, 19-463 and 19-464 and Grading Permit No. 14216-G, or as said permits may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That,except for those portions authorized by Grading Permit No. 14216-G for grading and landscaping, the GRANTOR shall not use the subject land for any r purpose except as open space to permanently maintain the coastal sage scrub, steep slopes and fence barrier in perpetuity on the subject site. (C) That it shall not excavate or grade or permit any excavating or grading to be done other than those reviewed and approved by the City to enhance the biological resource value of the subject land, 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 Grading Permit No. 14216-G, 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. (E) That it shall install and maintain permanent fencing, subject to the approval of the CITY, along the limits of the subject land that is adjacent to areas of residential uses enjoyed by the GRANTOR and permitted by the City. It is agreed that the granting 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. The easement shall bind the owner and its successors and assigns. GRANTORS: Dated by Joseph Wozniak Dated _ I - Ad o by a6", Sara Baker (Notarization of GRANTORS' signatures are attached.) CITY OF ENCINITAS: I certify on behalf of the City of Encinitas pursuant to authority conferred by City Council Resolution No. 94-107 approved on November 9,1994 that the City of Encinitas consents and accepts to the making of the foregoing Grant of Biological Open Space Easement and consents to recordation thereof by its duly authorized officer. dward Wimmer, City Engineer Date (Notarization is required) EXHIBIT "A" LEGAL DESCRIPTION I OPEN SPACE EASEMENT: THE SOUTHERLY 624 FEET(MEASURED ALONG THE WESTERLY LINE) OF THE WESTERLY 838 FEET (MEASURED ALONG THE SOUTHERLY LINE) OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 13 SOUTH, RANGE 3 WEST,SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880,AS DESCRIBED IN DOCUMENT RECORDED MAY 11, 2018,AS DOC#2018- 01910989, EXCEPTING THEREFROM THE FOLLOWING; BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY,THENCE ALONG THE NORTH LINE OF SAID PROPERTY, NORTH 84 006'19" WEST 392.36 FEET; THENCE LEAVING SAID NORTH LINE THE FOLLOWING COURSES; 1. SOUTH 111.58 FEET 2. SOUTH 46 003'38" EAST 80.32 FEET 3. SOUTH 49 010'03"WEST 32.41 FEET 4. SOUTH 1 039'30"WEST 160.25 FEET 5. SOUTH 76 017'40"WEST 106.25 FEET 6. SOUTH 39 020'51" WEST 25.93 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 11 FEET; 7. SOUTHWESTERLY,SOUTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 211 007'10"A DISTANCE OF 40.53 FEET 8. NORTH 7 048'47" EAST 19.87 FEET 9. NORTH 76 017'40" EAST 97.69 FEET 10. SOUTH 9 048'15" EAST 107.25 FEET 11. SOUTH 89 042'17" EAST 315.00 FEET TO THE EAST LINE OF SAID PROPERTY 12. ALONG SAID EAST LINE NORTH 4 009'24" EAST 427.77 FEET TO THE POINT OF BEGINNING. PREPARED BY ME OR UNDER MY DIRECTION: 1p _ ND SUR�'F VOW S /g, 20(y RYAN A. POST DATE * N0'8755 LS 8785 • tp�9rF 0 F C Page 1 of 1 BIOLOGICAL OPEN SPACE & STEEP SLOPE EASEMENT PLAT I PAR. I / 445.75'/ f N84'06'19"W 838.11' PM 18461 oSo / r PAR. it PM 18730 N o �' a , ^ N POPPY o N HILLS_ �a �3 X09 o � �o / �o 0 0 Flo f, L5� LN. o z cp s / N8942'17"W 315.00' 4 N ZO to N84'06'42"W 837.79' - - L1 NORTH 111.58' Cl 211'07'10" 1 11.00' 40.53' L2 N46°03'38"W 80.32' L3 N49'10'03"E 32.41' L4 N1°39'30"E 160.25' PROPOSED OPEN SAND SG lL L � � L5 N76'1 7'40"E 106.25' SPACE EASEMENT Al A. .po�� P L6 N39'20'51"E 25.93' I No. 8785 L7 N7'48'47"E 19.87' 0 150 L8 N76'17'40"E 97.69' S ALE: 1" = 150' L9 N9°48'1 5"W 107.25' —��-_ 12/18/2019 ATC DESIGN GROUP LRS 8785 POST DATE A. EXHIBIT"B" ARCHITECTS • ENGINEERS • SURVEYORS SCALE 1"=150' JOB 19-3996 DATE 12.18.19 PAGE 1 OF 1 ATC DESIGN GROUP — ARCHITECTS • ENGINEERS • SURVEYORS CALIFORNIA 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 1 County of SRh '-b 1.A J} On NoA\)aPVl W , 2-o Zb before me, JU S�`(VL. �L�U R o� IN*o 2�,A Wym C. Date Here Insert Name and Title of the ficer personally appeared _ �� � O N m (s of Signe s} who proved to me on the basis of satisfactory evidence to be ersorowhose names is are scribed to the within instrum nt and acknowledged to me that he/sh /they executed the same in his/her eir authorized capacit ies and that by his/her/ eir ignatur s} n e instrument the perso sJ, or the entity upon behalf of which the perso s) cted, exe ted the instrument. i1111111111111111111U1®11111111111110 I certify under PENALTY OF PERJURY under the f JUSTINE DELAURO laws of the State of California that the foregoing COMM.#2189907 paragraph is true and correct. CL NOTARY PUBLIC-CALIFORNIA 1 SAN DIEGO COUNTY v WITNESS my hand and official seal. My Commission ExpIres 04/07/2021 711111/111111111111/11111111111111111r Signature Place Notary Seal and/or Stamp Above ign r 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 Document Title or Type of ument: V4 Agtr.a) SDaCL I vs.X'FLvn� Document Date:)(4 '1.4� Number of Pages: Signer(s) Other Than Named Above: Capacity(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 or Conservator ❑ Trustee ❑ Guardian or Conservator • Other: ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association M1304-09 (09/19) 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 C1 \ C7 SS. On d QQ `a C-)aD , before me, , Notary Public, DATE f `� personally appeared J�l� e� ,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. DEANA GAY I certify nder PENALTY OF PERJURY under the r- COMM.#2206986 y Z SAN DIEGO COUNTY $ laws of the State of California that the foregoing NOTARY PUBLIC-CALIFORNIAZ paragraph is true and correct. MY COMMISSION EXPIRES � AUGUST 23,2021 WIT ESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SI N TURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. 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