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2023-58807Recording Requested By and When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY DOG# 2023-0058807 II II I II I IIIII I III II Iill l 11 l 11 l! II II III Mar 08, 2023 09:20 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SI32 Atkins: $0.00) PAGES: 6 SPACE ABOVE FOR RECORDER'S USE GRANT OF BIOLOGICAL/WETLAND OPEN SPACE BUFFER AND STEEP SLOPE EASEMENT Assessor's Parcel No. Grading Permit No. LDEV-012900-2020 264-231-29-00 Divine Designs General Contracting Inc., ("GRANTOR" hereinafter), does hereby grants, conveys and dedicates a Steep Slope 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 BIOLOGICAL/WETLAND OPEN SPACE BUFFER AND STEEP SLOPE EASEMENT restricted area 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/wetland open space buffer and steep slopes over, upon, across and under the subject land as shown on Exhibit "B" to preserve on - site wetland habitat and steep slopes including a 25-foot wetland buffer. 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 is permitted by Grading Plan LDEV-012900- 2020, 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) No development, construction of structures, installation of landscaping, or other land disturbing activities shall occur within the biological open space easement other than those activities proposed to naturally enhance/restore the open space as approved by the Development Services Director. (B) Any fuel modification authorized within the open space easement shall only be authorized by written order of the Encinitas Fire Department. If authorized by the Encinitas Fire Department, the clearing must be conducted outside of the avian breeding season unless a qualified biologist conducts a survey within the easement to determine the presence or absence of nesting bird species. If nesting birds are not found, then fuel modification may proceed within the breeding season. Any fuel modification activity with the open space easement shall be monitored by a qualified biologist to ensure wetland and sensitive habitats are not disturbed. That, except as authorized by Grading Plan LDEV-012900-2020, it shall not use the subject land for any purpose except as open space and to permanently maintain the slopes 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 said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (D) No invasive plant species shall be planted in the open space easement. Invasive species consist of those listed on Lists A & B of the California Invasive Plant Council's "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999". The landowner shall be responsible for any necessary removal of non-native invasive vegetation within the open space easement. (E) All outdoor lighting shall be directed away from the biological open space easement. (F) The limits of the biological open space easement shall be protected with permanent fencing to the satisfaction of the Development Services Director and City Fire Marshall. Fencing should have no gates and be corrosion resistant. (G) 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. (H) That no invasive landscaping shall be planted in areas adjacent to the Open Space Easement. It is agreed that the grant of this easement and its acceptance by CITY shall not authorize the public or any members (other than a designated land manager by the CITY) 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: r Dated by Melis a Scordel Divine Designs General Contracting, Inc. Dated -� by eve Scordel Divine Des s General Contracting, Inc. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 ` , j -D t e 6, On 2 3 l Z3 before me, kGl,,t SSCk.r ere insert name and tit e or t e o icer personally appeared H z s c r Sc uV e I �T e �I. 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 m hand and official seal. ,/:.'F MAR IA FABIOLA PASSARIELLO y ,a Nota'y P;.biic - Ca.ifernia z Sari Diego Ccc'tty --- Cor mission 2351515 a My Cor"rt, expires Apr 11, 2025 Y N tary Public Signatu (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisformcompliesivilh current California statutes regardingnotarywording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary t✓ 1' GL rL T 44 /c, U ! cc / lmv. (Title or description of attached document) • State and County information must be the State and County where the document We 7 LCA h n n �,nct Le U Fpp signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached ocument continued ; must also be the same date the acknowledgment is completed. Gt 1 c� S l` L Sloe' L15>' q ew- Z/ iZ� . • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lre/she/tliey- is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocument recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2016 Version V,NJVJ.NOfarj C I355P.5.00l7i 80 i-87& 9fl-1 Securely attach this document to the signed document with a staple. CITY OF ENCINITAS: This is to certify that the interest in real property, as shown on attachment Exhibit "A" and Exhibit "B", 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?/L2 /2 by diI Bankston rector of Engineering/City Engineer City of Encinitas (Notarization not required) EXHIBIT "A" DESCRIPTION A PORTION OF PARCEL 2 OF PARCEL MAP NO. 12942, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SAID MAP WAS RECORDED OCTOBER 7, 1983 AS FILE NO. 83-361579 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BIOLOGICAL OPEN SPACE BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, THENCE ALONG THE WESTERLY BOUNDARY SOUTH 13°42'04" WEST 68.52 FEET; THENCE, LEAVING THE WESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 28032'07" EAST 34.95 FEET; THENCE, SOUTH 55°31'10" EAST 30.59 FEET; THENCE, SOUTH 63°08'22" EAST 51.36 FEET; THENCE, NORTH 89°27'18" EAST 36.66 FEET TO THE BEGINNING OF A TANGENT 90.16 FEET RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°27'44" A DISTANCE OF 44.79 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 2; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY NORTH 04°42'42" WEST 71.75 FEET; THENCE, SOUTH 35°28'33" WEST 35.00 FEET; THENCE, NORTH 74°41'34" WEST 71.77; THENCE, NORTH 40°53'41" WEST 84.91 FEET TO THE POINT OF BEGINNING. CONTAINING 11,241 SQUARE FEET (0.26 ACRES) STEEP SLOPE OPEN SPACE BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, THENCE ALONG THE WESTERLY BOUNDARY SOUTH 13°42'04" WEST 68.52 FEET; THENCE, LEAVING THE WESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 28°32'07" EAST 25.97 FEET; THENCE, SOUTH 06'13,02" EAST 38.64 FEET; THENCE, SOUTH 71'30'10" EAST 47.84 FEET; THEE C:E, SOUTH 78°41'30" EAST 56.49; THENCE, SOUTH 83°22'13" EAST 17.25 FEET; THENCE, NORTH 88°46'22" EAST 10.55 FEET; THENCE, NORTH 70°35'37" EAST 25.41 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 2; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY NORTH 04042'42" WEST 93.06 FEET; THENCE, SOUTH 35°28'33" WEST 35.00 FEET; THENCE, NORTH 74041'34" WEST 71.77; THENCE, NORTH 40°53'41" WEST 84.91 FEET TO THE POINT OF BEGINNING. EXCLUDING THAT PORTION WITHIN THE BIOLOGICAL OPEN SPACE DESCRIBED ABOVE. CONTAINING 2,889 SQUARE FEET (0.07 ACRES) EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 01 /16/2023 DATE: PASCO LARET SUITER OPEN SPACE EASEMENT San Diego I Encinitas I Orange County PLSA 3388 SHEET 1 OF 2 Phone 858,259.82121 www. plsaengineering.com nno [— V" 1 n 1 T li m it Increftilkial PROPERTY LINE — — — — RIGHT-OF-WAY LINE [�_z�rrirl�lT.z� CENTER LINE NOTE: BEARING AND DISTANCES SHOWN HEREON ARE PER PARCEL MAP 12942. ADJOINING PROPERTY LINE STEEP SLOPE OPEN SPACE EASEMENT GRANTED HERON AREA = 2,889 SF (0.07 ACRES) BIOLOGICAL OPEN SPACE EASEMENT GRANTED HERON AREA = 11,241 SF (0.26 ACRES) N W E San Diego County I IIIIII illlullll IIIII Illll IIIII IIIII Illl IIII to Transaction #: 7016531 a6 Receipt #: 2023080010 JORDAN Z. MARKS Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 03/08/2023 Print Date: 03/08/2023 9:21 am P. O. Box 121750, San Diego, CA 92112-1750 Cashier Location: SM Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.gov Payment Summary Total Fees $0.00 Total Payments $0.00 Balance: $0.00 Payment NO CHARGE PAYMENT $0.00 Total Payments $0.00 Recorded Item OFFICIAL RECORD -1 Document #: 2023-0058807 Date: 03/08/2023 9:20AM Pages: 6 Total Fees Due: $0.00 Grand Total - All Documents: $0.00 Page 1 of 1