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2022-447949N DaC# 2022-0447949 When Recorded Mail To:Of Recording Requested By and) ) Nov 23, 2022 10:30 AM OFFICIAL RECORDS City Clerk )Ernest J. SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 (SB2 Atkins: $0.00) 505 S. Vulcan Avenue ) PCOR: N/A Encinitas, CA 92024 ) PAGES: 8 FOR THE BENEFIT OF THE CITY ) DOCUMENTARY TRANSFER TAX: $0.00 SPACE ABOVE FOR RECORDER'S USE GRANT OF BIOLOGICAL PRESERVATION FOR WETLAND AND WETLAND BUFFER OPEN SPACE EASEMENT Assessor's Parcel No. 258-241-31 Case Nos. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF-002735-2016 (16-189 MUPMOD/DR/CDP) Rancho Coastal Humane Society ("GRANTOR" hereinafter), does hereby grants, conveys, and dedicates a biological conservation open space easement for the preservation of the wetland and wetland buffer, 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" (Legal Description) attached hereto and as shown on Exhibit "B" (Open Space Easement) 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 0.350 Acres as specified in the Open Space Easement Map performed on the project site and as shown on the approved project drawings for Case Nos. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF-002735- 2016 (16-189 MUPMOD/DR/CDP) (Resolution No. PC 2021-06), no building, structure, or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as permitted by Grading Permit No. LDEV- 016916-2021, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (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 Nos. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF-002735- 2016 (16-189 MUPMOD/DR/CDP) and as permitted by Grading Permit No. LDEV- 016916-2021, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except as authorized by Case Nos. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF-002735-2016 (16-189 MUPMOD/DR/CDP) and as permitted by Grading Permit No. LDEV-016916-2021, it shall not use the subject land for any purpose except as open space and to permanently maintain the wetland and wetland buffer. (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 Nos. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF-002735-2016 (16-189 MUPMOD/DR/CDP) and as permitted by Grading Permit No. LDEV-016916-2021, 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: Date 0 25 ' Q by ;ho Coastal Humane Sanzo, President, / (Notarization of GRANTOR signature is attached.) CITY OF ENCINITAS: SEE ATTACHED NOTARY CERTIFICATE 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. Ji I Bankston erector of Engineering/City Engineer Infrastructure and Sustainability City of Encinitas (Notarization is attached.) Date � I /2- IZ, 2, CIVIL CODE § CALIFORNIA 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 x_ D 1� On Noye4w�� .2, %A,e before me, JY'Gt.i'1C� r (- (. �,t.� 5 i i is i �� ► — Date Here Insert Name and Title of the Office personally appeared ' e n Stz� Nome(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. BRANDL. LEWIS lam Notary Public • California San Diego CountyCommission # 2402633 y Comm. Expires lay t 4. 2026 Place Notary Seal and/or Stamp Above 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. Signature OPTIONAL Signature of Notary ublic 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: A- % "2!` 3 of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: v n tin<t(titcS� ©2019 National Notary Association Number of Pages:_ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: It[OKIL 9AYIA DUALt 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 SAN DIEGO ) On OCTOBER 25 2022 before me, OMAR KALASHO, NOTARY PUBLIC (insert name and title of the officer) personally appeared JUDI M. SANZO 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. WITNESS my hand and official seal. Gn,ar Kalasno CONr !! OTIA.R cLIC-CALIfORNIA jl San Di �o Count/ y h1' 1 ltYFn 1,D12026 Signature (Seal) THAT PORTION OF THE NORTHWEST QUAR TER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FNCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNINA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY POINT OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED NOVEMBER 7, 1962 AS FILE NO. 190504 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY: THENCE ALONG THE SOUTHERLY LINE OF SAID DEED, NORTH 79-40-17" EAST, 30.55 FEET (NORTH 79°44'58" EAST PER SAID DEED); THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 04029'05" WEST, 36,98 FEET; THENCE SOUTH 16028'04" WEST, '102,98 FEET; THENCE SOUTH 21048'04" WEST, 17.60 FEET, THENCE SOUTH 22053'26" WEST, '16,96 FEET; THENCE SOUTH 25130'40" WEST, 5.87 FEET; THENCE NORTH 89020'22" WEST, 30.34 FEET; THENCE NORTH 50°11'42" EAST, 6.06 FEET; THENCE NORTH 24104'19" EAST, 27.82 FEET; THENCE SOUTH 86025'25" WEST, 4.03 FEET; THENCE NORTH 70001'01" WEST, 5.00 FEET; THENCE NORTH 38039'35" WEST, 19.16 FEET; THENCE NORTH 74003'17" WEST. 6.22 FEET; THENCE NORTH 55000'29" WEST, 5.22 FEFT THENCE NORTH 43009'09" WEST, 9,37 FEET; THENCE NORTH 50031'39" WEST, 9.41 FEET; THENCE NORTH 38°09'26" WEST, 7.61 FEET; THENCE NORTH 17"31'32" WEST, 8.52 FEET; -THENCE NORTH 26°33'54" WEST, 7.53 FEET; THENCE NORTH 46058'30" WEST, 7.67 FEE'F,- THENCE NORTH 39°48'20" WEST. 6.68 FEET; THENCE NORTH 331)41'24" WEST, 12.33 FEET; THENCE NORTH 02002'43" EAST, 11.98 FEET; THENCE NORTH 10"18'17" EAST, 14.34 FEET; THENCE NORTH 14044'37" EAST, 8.40 FEET; THENCE NORTH 01147'24" WEST, 1.3.68 FEET; THENCE NORTH 04°53'57" EAST, 20,84 FEET TO THE NORTHERLY LINE OF THE LAND CONVEYED BY DEED RECORDED OC1 OBER '10, '1966 AS FILE NO. 163423 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 86019'40" EAST, 97.73 FEET; TO THE POINT OF BEGINNING. PAGE 1 OF 2 RF MA3337\02\Legal Descriptions\A01 Open Space EsmLdocx WO 3337-0002 1016/22 THE HEREINABOVE DESCRIBED PARCEL. OF LAND CONTAINS 0.350 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" AND BY THIS RE-FERENCE MADE A PARK HEREOF. Z-/� 14-Az- DOUGLAS B. ST UP61 P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE2OF2 RF M:13337\02\Legal Descriptions\Ao1 Open Space f sniLrior.:•, WO 3337-0002 10/6/22 0 GAND � �✓p��,Fs e ST oG��A 0 L.S.8553 s9T� OF CAL SHFF7 1 OF 2 c,:\......c,., OPENi I", -- — REQ CII,, ZA ST"RE.�T 1 LEGEND f�. 0. Fl. POINT OF BEGINNING OPEN SPACE EASEMENT () DD 1 - RECORD DATA PER SLATE DI CA DEED. REC. 1110711962 AS FILE NO, 190504. ] DD2 - RECORD DATA PER PROPERTY CONVEYED BY DEED REC. 1011017966 AS FILE NO. 163423. 003 HWY. RELINQUISHED TO THE COUNTY OF S.D. PER DOC. REC. 121JOI1965 AS FILE NO. 235308 REAM ST ' KOULZA Sl \ PARK LANE SITE 2 ' � NX `Y MELBA RL w VICINITY MAP NOT TO SCALE HUNSAKER CL ASSOCIATES SAN D I EGO, INC ------ - ---------- . ...... 10-7 PIANNING 9M vapb SMe t DOUGLAS B. ROU , _S 8553 ENGINEERING San E)Lgq C. 92121 SURVEYING PH(M)5564500- EX(858)558.1414 R:\1376\&Map\Eosements\EP Open Space Easement SK 01.DWGQ0ct-07-2022:11:45 W.O. 33,31-0002 RoS �Clica`� 0 LAND SO\ O� 0 P n L.5.8553 -92� OF CA�-k�o�e1 `Y MELBA RL w VICINITY MAP NOT TO SCALE HUNSAKER CL ASSOCIATES SAN D I EGO, INC ------ - ---------- . ...... 10-7 PIANNING 9M vapb SMe t DOUGLAS B. ROU , _S 8553 ENGINEERING San E)Lgq C. 92121 SURVEYING PH(M)5564500- EX(858)558.1414 R:\1376\&Map\Eosements\EP Open Space Easement SK 01.DWGQ0ct-07-2022:11:45 W.O. 33,31-0002 RoS �Clica`� 0 LAND SO\ O� 0 P n L.5.8553 -92� OF CA�-k�o�e1 1 T I W11"A /I N86'25'257 N70'01'01"W 112 U _] TW 14 N55'00'29"W N43'09' 09 V 6 N50',31'39"W N38-09'26"W L9 N 26 5 Y54" W N46'58'30"W 1-i i N39'4-8'20"W L N,33'4 1'24"W DD3 L - I - J NO2'02'43"E RF,QUT4,'Z,A 'VT7?Eh,'T' Y LINE OF DD2 IN86"14'59"W7 N86'19'40,,W" 161.oz SHEE-1 2 OF 2 DISIANCE 11.03 15.00, 6.22' -5,22' 8.52' /.5,3' 1.67' 12.33 11.98' S,ly uNE OF qu PAR iNJ9 44 D 20j, N04*5,351"E- 20.84' , N01'4724"W.-, 13.68' 8.40' N I O'l 8'1 TE 14.34' o0 (b 01, Pv h N38'39'35V1 - � I'g. 1 (5, 2 N50'1 142T ,5o.,54 `' 1W89°20'22lY HUNSAKER & ASS()( -,I ATII`� 5AN Ditcol INC -N2 1'48'04"L 17,60' N22'53'26"E 16.96' -N25'-30'40"E '�.87 40 80 120 SCALE 1" =40' PLANNING 9707 W4)6 St—t 04ONEEPJNG San M-,m Ca 9ZI21 SURVEYING Pfi(M)55"W0- FX(658)5S8,14Tt R:\ 13 76\ &Map\ Easements\EP Open Space Easement Sfil 02.01WC,110cl -07 2022:1146 W.O. 33,57-0002