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2020-497476 n DOC# 2020-049741I76 WRecording hen Recorded Mail To and ) ) Aug 31, 2020 08:54 AM OFFICIAL RECORDS City Clerk ) Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER 505 S. Vulcan Avenue ) FEES: $0.00 (SB2 Atkins: $0.00) 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. 16-094 TPM/MINMOD/CDP 262-080-07-00 James H. Engert and Anne M. Nilsen-Engert, ("GRANTORS" 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 Exhibit "A," attached hereto and as shown on Exhibit"B" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTORS convey a perpetual easement for open space and habitat preservation for the steep hillsides and jurisdictional wetlands as shown on the approved project drawings for Case No. 16-094 TPM/MINMOD/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. Non-native invasive species may be removed from the sensitive habitat preservation easement. Any introduction or removal of vegetation within the open space easement shall only be permitted with written authorization by the City. Above ground temporary irrigation may be installed and removed after the planting has been established. (2) GRANTORS convey 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) GRANTORS covenant and agree 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. 16-094 TPM/MINMOD/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. Non-native invasive species may be removed from the sensitive habitat preservation easement. Any introduction or removal of vegetation within the open space easement shall only be permitted with written authorization by the City. 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. 16-094 TPM/MINMOD/CDP, it shall not use the subject land for any purpose except as open space and to permanently maintain the steep slopes and jurisdictional wetlands. (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. 16-094 TPM/MINMOD/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 nd assigns. GRANTOR: I Dated (3`'6 by J e H. Engert GRANTOR: Dated f75 by se - ngert (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. Dated -7-3 , Edward J. Vim City Engineer Development Services Department City of Encinitas (Notarization is attached.) I CALWORMA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1188 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 Califomia ) County o U Ong. 11\3(3 before me, t Date � ) Hera Insert N e and Title of the:Officer personally appeared ►'t' �--- Name(s)of'Signer(s) Aro NE- r � l who proved to me on the basis of satisfactory evidence-to be-the. person(s) whose name(s)-istare subscribed'to the within instrument and acknowledged to me that heAahWthey executed the same in' hWher/their authorized capacity(ies),and that by hisferitheir signature(s)on.the instrument the person(s), or the entity-upon behalf of which the person(s)acted,executed the instrument. certify under PENALTYOF PERJURY under the:laws of the State of California that the foregoing paragraph C is true and correct. COM1f.#2160339 N 4 o NOTARI'PCBLIC-CALIFORNIA WITNESS my.h d official seal.. -� COUNTY OF SAN DIEGO GaocN� MY Cobh.UP.AUG.16,2020'' 'Signature— Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to ati.anintended document Description of Attached Document Title or Type of Document: -Document Date: 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- 0 Limited ❑General 0 Individual. ❑Attomey in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or-Conservator 1`0 Trustee ❑Guardian or Conservator ❑Other: Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association-www.NationalNotary org-1-800-US NOTARY(1-800-876-6827)' Item-#5907 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 Calitornia ) County of San D 1 eQ b ) On_ �k�Vl�,(.9 j before me, BM nAi L• I—ew 15 L'JO"�" 'LI P" C, Date Here Insert Name and Title.of the O cer e-11 personally appeared u-9a t. 7• Cc3 i r»mcw- 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(les),and that by his/herAheir signature(s)on the instrument the person(s), or the entity upon behalf of which the persons)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws Of the State of California that the.foregoing paragraph is true and correct. Notary Public L. California hand and official seal. Notary PubUc-GN( my • " -y San Diego County P Commission 0 2242688 My Comm,Expires May 14,2022 Signature Signature of Notary Pub Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an enintended document Description of Attached Document Title or Type of Document 64a{ o-F 0-0clo Slak pre ScrVA- ion cam rraicWt;' Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: eAut w - a. w i rnme'r Signer's Name: •Corporate Officer-Title(s): C%' .knees" D Corporate Officer—Tdle(s): •Partner— D limited D General D Partner— O Limited D General •Individual D Attomey in Fact D Individual D Attomey in t=act •Trustee D Guardian or Conservator -D Trustee D Guardian or Conservator •Other. D Other. Signer Is Representing: Ci 4-v o I i xyA rvi+S • Signer Is Representing: ©2016 National Notary Association•www.Nafi6nalNohq.org•1-800-US NOTARY(1-800-876-6827) item•#5907 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY,APPROVED APRIL 19, 1881,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO ENGERT RECORDED OCTOBER 20, 1994 AS DOCUMENT NO. 1994- 0615769, OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID ENGERT LAND NORTH 89 001'53" WEST, 110.03 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 4,737.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 82 035'07" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE, SOUTHERLY 212.94 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 2 034'32" TO A POINT ON THE SOUTHERLY LINE OF SAID ENGERT LAND; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTHERLY LINE, NORTH 89012'21" WEST, 105.91 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY,HAVING A RADIUS OF 50.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 89°07'08" WEST; THENCE DEPARTING SAID SOUTHERLY LINE,NORTHERLY 5.32 FEET ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 6 005'35"; THENCE NORTH 06° 58'27"EAST, 13.02 FEET; THENCE NORTH 25° 10' 01" EAST, 7.95 FEET; THENCE NORTH 19°21'48" WEST, 9.96 FEET; THENCE NORTH 06° 39'21" EAST, 12.26 FEET; THENCE NORTH 070 03' 02" WEST, 3.30 FEET; THENCE NORTH 51° 00'00" WEST, 2.85 FEET; THENCE NORTH 56° 14' 08" WEST, 7.29 FEET; THENCE NORTH 51° 15' 53" WEST, 13.65 FEET; THENCE NORTH 43° 48' 07" WEST, 20.13 FEET; THENCE NORTH 260 29' 32" WEST, 14.63 FEET;THENCE NORTH 23° 33' 14" WEST, 17.05 FEET; THENCE NORTH 08° 03'23" WEST,20.95 FEET; THENCE NORTH 030 32' 37" EAST, 20.89 FEET; THENCE NORTH 20° 12' 35" EAST, 9.11 FEET; THENCE NORTH 020 52' 34" EAST, 5.73 FEET; THENCE NORTH 07° 3 P 13" WEST, 9.75 FEET; THENCE NORTH 100 30'26" WEST, 16.74 FEET; THENCE NORTH 23°32'14" WEST,2.13 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 50.00 FEET,TO WHICH A RADIAL LINE BEARS SOUTH 66 027'46" WEST; THENCE NORTHERLY 21.22 FEET ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 24018'45" TO A POINT ON SAID NORTHERLY LINE; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89°01'53" EAST, 133.89 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 26,226 SQUARE FEET MORE OR LESS A ES v v tic 9 2 m 5-28-20 m� SEAN C.EN LERT,L.S. 7959 DATE N L.S. 7959 COASTAL LAND SOLUTIONS,INC. q r4Q OF CA CURVE TABLE F-- CURVE # LENGTH RADIUS DELTA c Cl 21.22' 50.00' 24'18'45" J C2 5.32' 50.00' 6'05'35" co ao —�— 2 3, -i N89'01'53"W 411.32' z o c s; q � p s , 4 N89-13'29"W(R) iar" 111 167.40' 133.89 110.03' __ S66'27'46"1N R N10'30'26"W 16.74' T- �- r r �z 00 PROPOSED N 3'324"W 2.13' o II II i o0 0 0 co PARCEL 2 N07'31 13 W 9.75 U, o � i N o o N20'12'35"E 9.11' //// w o 0 0 02�52'34 E �5.7�' J C i o K „ „ N0332'37"E 0.89 i-! 3 o N89 01 53 W 89 01 53 W 102.56 / /,/ ir,i z m -n v� 0 76.64' N0011 6 W 5.50 D i gg 36' o o U, 97.13 133.00' _ _ - - �" �w 9.27' 83'33944"E(R) � III `° z z n m " II U,N r N080323 W 20.95 8 .0153"W 23 .36' Ln ° " z N233314 W 17.05 7 m o t° N26'29'32"W 14.63/ rn n PROPOSED rTi ' N51 j'53 W 3.65 4 J N4348 07 W 20.13 i W 0 m cr , 9 5/100 � 8 (' D IR p o 0 m m N561408 W 7.29 � / ./ (y- m 0 o N06'39'21"E 12.26' 19'21'48"W 9 U'_ i CO- z vt°+ 0 N25'10' 01"E 7.95' ��� im -1 c° N06 5 '27"E 13.02' �� T1 U, 169.24' C2 105.91f v N � � � i 84.85 N "W(R)J N8 1,W N8907 52.23 � cn N891221 W 360.00 � Z D �C a R1 r aye SEA/y Fy NOTE: m BOUNDARY DIMENSIONS DEPICTED D o n a •. Z Lo 99 HEREON ARE PER A PRECISE gip,919 0% HIM IM b y a i- S BOUNDARY SURVEY THAT WAS ��(�° 49Q4� n 3' II C', co v PERFORMED IN DEC. 2018 N Rl mac THROUGH JAN. 2019. A PARCEL -�9 MAP IS IN PROCESS WITH THE �?q ld3 d0*� CITY OF ENCINITAS DEPICTING THE FULL PROCEDURE OF SURVEY.