2003-809765Recording Requested By DOC It '-O0.J 080.9?O5
When Recorded Mail To: )
) JUL O8, 2003 4:OO F'M
)
) OFFICIAL RECORDS
City Clerk ) BqN DIEGO COUNTY RECORDER'S OFFICE
GtEGORY ,l. ~ITH, COUNTY RECORDER
City of Encinitas ) FEES: 0.00
505 S. Vulcan Avenue ) OC: NA
Encirfitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABovE FOR RECORDER'S USE -
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel Case No. 02-038 DR/CDP
No. 259-131-01
Mark C. Huffinan ("GRANTOW' 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) GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of ail steep slopes not disturbed by the grading as shown on the
approved project drawings for Case No. 02-038 DR/CDP. 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 Case No. 02-038 DR/CDP, as said
permit was issued by Resolution No. PC 2002-41 of the Planning Commission on
September 19, 2002 or as said permit may be hereinafter amended or modified pursuant to
the Municipal Code of the City of Encinitas. Existing trails within the subject land may be
maintained but may not be altered or expanded. Planting of new vegetation and
maintenance of existing vegetation may be performed in and on the subject land provided
that all new plantings consist of native species.
(2) GRANTOR conveys the perpetual fight, but not the obligation to enter upon the subject land
and re.move 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,
CD/KI~g:\Covenant\02-038drcdp.slope.osesmt 1
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. 02-038
DR/CDP, as said permit was issued by Resolution No. PC 2002-41 of the Planning
Commission on September 19, 2002, or as said permit may be hereinafter amended
or modified pursuant to the Municipal Code of the City of Encinitas.
(B) That, except for those portions authorized by Case No. 02-038 DR/CDP for grading
and landscaping, it shall not use the subject land for any purpose except as open
space 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. 02-038
DR/CDP, as said permit was issued by Resolution No. PC 2002-41 of the Planning
Commission on September 19, 2002 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 Califomia.
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.
,1 ,. I loz_
Dated . [ v-[. _ , by --
~ 'V Mark
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority
conferred by Resolution No. PC 2002-41 of said Commission adopted on September 19, 2002, that the
City of Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open
Space Easement and consents to recordation thereof by its duly authorized officer.
Dated
t Patrick Murphy
(Notarization not required) Community Development Director
CD/KK/g:\Covenant\02-038drcdp.slope.osesmt 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
Name{s) of Signer(s)
[] personally known to me
'~proved to me on the basis of satisfactory
ewdence
to be the person(~whose
subscribed to the within instrument and
acknowledged to me that41~th:..".'~;7 executed
the same in ~ authorized
capacity/Itee'~, and that by
signatur~,i~ on the instrument the person~)', or
the entity upon behalf of which the person~)-
acted, executed the instrument.
OPTIONAL
Though the information below ifrSaun~tl~enqtUireremdobv,Yl ~,w~ itrer~a~tYacPhr~Veent v~/ut~.bsl~otOtmP~SaO~cst~ee~yind(gc~ tehn~, document and ~document and could prey
Description of Attached Document
Title or Type of Document:
Document Date: J Number of Pages: __
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Sign~'//
Signer's Name: ~
EJ Individual ~ Top of thumb here
[] Corporate Office~ Title(s): __
[~ Partner -- ~rnited ~ General
~ Attorney-ic~4:act
· Truste~'
F' Gu~c~ian or Conservator
Signer Is Representing:_
EXHIBIT "A"
AN EASEMENT FOR OPEN SPACE PURPOSES OVER, ALONG AND
ACROSS THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID NORTH HALF
OF THE NORTH HALF, THENCE ALONG THE EASTERLY LINE THEREOF
SOUTH 1°29'32" WEST, 23.53 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89o28'24.' WEST, 124.79 FEET; THENCE NORTH 31o56'50''
EAST, 28.92 FEET TO ITS INTERSECTION WITH THE NORTHERLY LiNE OF
SAID NORTH HALF; THENCE WESTERLY ALONG THE NORTHERLY LINE,
NORTH 88052'23'' WEST, 71.61 FEET; THENCE SOUTH 26e31'58'' WEST,
58.87 FEET; THENCE SOUTH 61°35'55'' EAST, 7.85 FEET; THENCE SOUTH
80-'o35'45'. EAST, 25.84 FEET; THENCE SOUTH 0°31'00.' WEST, 15.13 FEET;
THENCE NORTH 88021' 26" WEST, 41.30 FEET; THENCE NORTH 40o46'40..
WEST, 8.86 FEET; THENCE SOUTH 38005'06.' WEST, 70.48 FEET; THENCE
SOUTH 51°18'21" WEST, 62.19 FEET TO ITS INTERSECTION WITH THE
SOUTHERLY LINE OF SAID NORTH HALF; THENCE EASTERLY ALONG THE
SOUTHERLY BOUNDARY, SOUTH 88052'47.' EAST, 162.21 FEET; THENCE
NORTH 38o17'50'' EAST, 14.22 FEET; THENCE NORTH 78o46'30'' EAST, 37.42
FEET; THENCE NORTH 84°39'18'. EAST, 53.49 FEET; THENCE SOUTH 67°
05'50" EAST, 7.42 FEET; THENCE SOUTH 82°15'23" EAST, 11.82 FEET;
THENCE NORTH 48o58'46.. EAST, 7.39 FEET; THENCE NORTH 16o42'06''
EAST, 6.86 FEET; THENCE NORTH 79°49'27'' EAST, 15.32 FEET; THENCE
SOUTH 87o36'08'. EAST, 9.09 FEET TO ITS INTERSECTION WITH THE
EASTERLy LINE OF SAID NORTH HALF; THENCE NORTHERLY ALONG THE
EASTERLY LINE, NORTH 01°29'32" EAST, 102.94 FEET TO THE TRUE POINT
OF BEGINNING.
HFMNESM1