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2020-655507 DOC# 2020-0655507 WRecording Requested By hen Recorded Mail To: and) ) Oct 26, 2020 12:40 PM 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) PCOR: N/A 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 ��//��"mAQl� �,�7✓�F� Tip .moo Assessor's Parcel No. 254-370-02 Case No. 18-212 DR/CDP, MULTI-003269-2019, DR-003270-2019, and CDP-002742-2019 Matthew Villalobos, a Single Man and Max Villalobos, a married man as his sole and separate property as Joint Tenants ("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 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. 18-212 DR/CDP, MULTI-003269-2019, DR- 003270-2019, and CDP-002742-2019 , 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. 18-212 DR/CDP, MULTI-003269-2019, DR-003270-2019, and CDP-002742-2019, 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. 18-212 DRICDP, MULTI-003269-2019, DR-003270-2019, and CDP-002742-2019, 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. 18-212 DR/CDP, MULTI-003269-2019, DR-003270-2019, and CDP- 002742-2019 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 12 ZaZ d by —��- Matthew Villalobo Dated �Z by Lj� Max Villalbbos (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. C Zo E ward J. Wm r Da e City Engineer Development Services Department City of Encinitas (Notarization is attached.) 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 ) County of 5A o -D On AA A40,P )a r 24?--N before me, _Z- n.�C-�GC�j , ,i'�o TGL-r11 Date Here Insert Name and Title of the Officer personally appeared i'yi rrN uJ V l a#A, pD5 Name(s) of Signer(s) LL eo S , who proved to me on the basis of satisfactory evidence to be the personk@ whose narrLeN is/49 subscribed to the within instrument and acknowledged to me that he/she/d"e executed the same in his/her/tO authorized capacity(i),and that by his/her/ ear signature(el on the instrument the person or the entity upon behalf of which the person&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. L.MCNABB Nofary Public—California Z Signaturto� San Diego County Commission#2223530 Signature of Notary Public My Comm.Expires Dec 26.2021 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 unintended document. Description of Attached Document Title or Type of Document: Wa'+pr °f �Ep �L�aE PQESF-�vf}-��dN o�pF,v 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 — ❑ 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: ©2016 National Notary Association •www.NationalNotary.org ^ 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE ACKNOWLEDGMENT A notaiy 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 SS. County of ►i D I`eQ O { S— 13–10-2-0 ` On , before me, 9�� �'Q r� � SI m cw Notary Public, DATE personally appeared C°Wc� LJi yr — , who proved to me on the ` basis of satisfactory evidence to be the person(s) whose name(s) is�are subscribed the within instrument and aclal ]edged to me tha he/ he/they executed the sari 4 his ter/their authorized capacity(ies), and that t ( by hisiher/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, f.certify tinder PENALTY Off'PERJURY render the C Imm#2162396 rA (� = N01ARY�lBUC CALIFORNIA y, laws of the State of California that the foregoing r�s BAN DIEGO COONT, .� G ,e► MY COMM.EXR•MAR. 2�1 paragraph is true and correct. WITNESS my hand.and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOT RY'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 OFATTACIIED DOCUMENT . ❑ INDIVIDUAL t ( f-] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLES) ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER: OTHER \ SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NANIEOFPERSON(S)ORENTITY(FES) THUMBPRINT = OF SIGNER I = \PA01201; NOTARY BONDS.St:ITLIUS:\�'1)FOR\ISATIi1TP: \1't1'\\.\':\LLlil'-SIIiItk:\.CU\l _OI;i-2111?\1LL(:1'-SIERR:\I\SUR:INCI: EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT AN OPEN SPACE EASEMENT OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHERLY 60.38 FEET OF THE NORTH 120.76 FEET OF THE WESTERLY 225 FEET OF ALL THAT PORTION OF LOT 2 IN BLOCK "K" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 29, 1924,AS DESCRIBED IN DEED TO JAN G.AGEE RECORDED DECEMBER 23,2003 AS DOCUMENT NO. 2003-1500514 OF OFFICIAL RECORDS, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LAND DESCRIBED IN DEED TO JAN G. AGEE, SAID POINT BEING ON THE CENTERLINE OF EOLUS AVENUE HAVING A HALF WIDTH OF 25.00 FEET;THENCE LEAVING SAID CENTER LINE OF EOLUS AVENUE ALONG THE SOUTHERLY LINE OF SAID AGEE LAND NORTH 75 035'05" EAST 148.54 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF SAID AGEE LAND NORTH 75 035'05" EAST 76.46 FEET TO THE SOUTHEASTERLY CORNER OF SAID AGEE LAND;THENCE ALONG THE EASTERLY LINE SAID AGEE LAND NORTH 14°23'30" WEST 60.38 FEET TO THE NORTHEASTERLY CORNER OF SAID AGEE LAND; THENCE ALONG THE NORTHERLY LINE OF SAID AGEE LAND SOUTH 75 035'05" WEST 75.35 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 04°24'36"EAST 5.99 FEET;THENCE NORTH 74'11'05" EAST 10.93 FEET; THENCE SOUTH 14°51'16"EAST 12.90 FEET,THENCE SOUTH 75°39'40"WEST 12.55 FEET; THENCE SOUTH 01°21'38" EAST 15.70 FEET; THENCE SOUTH 19 010'30" EAST 6.27 FEET; THENCE SOUTH 15°20'56" EAST 6.58 FEET; THENCE NORTH 74 020'08"EAST 2.96 FEET; THENCE SOUTH 20 006'35"EAST 13.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 4,589 SQUARE FEET,MORE OR LESS. s AN No.7655 0 ff°Cd►L�OQ- E3MIT "B" OPENSPACEEASEM M APN.• 254-370-01 W MAP 1333 Q QQ� N75:505T 225.00' 149.65' S0474'36NE 75.35' 5.99' N7471105T S1431116T 10.93' 12.90' EAISANG 25'EASEMENT S0171;18T 1570' 3 FOR ROAD PURPOSES S7539'40V oAPN.• 254-370-02 12.55' S1970'30T 6.27' S1570'56'E 6.58' N7470'08T 296' pqg S20'06'351� 13.88' 14854 76.46' N7535'05T 22500' IPOB 5� �QP APN.• 254-370-03 �SQV LSD 5���� O z CLE9 Z vs No.7655 W Z 9 ` P Z /,�/ CF CALIFU4� r OPEN SPACE EASEMENT GRANTED TO GTY 0 20 40 V4 ®OF ENGNITAS HEREON 4,589.SF NOTE.• BOUNDARY SHOWN HEREON PER GRANT DEED RECORDED i DECEMBER 23, 2003 AS DOC. N0. 2003-1500514 OF O.R. SCALE: 1" = 20'