2003-277368 DO0 003-0277368
Recording Requested By: ) t'IAR 12, 2003 11: 54 Afl
City of Encinitas ) OFFICIAL RECOR~
) 8~N DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail To: ) GIEGORY J. SMITH, C0~TY REC~I)[R
City Clerk ) FEES: 24.00
City of Encinitas ) OC: NA
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
)
) SPACE ABOVE FOR RECORDER'S USE
GRANT OF BIOLOGICAL OPEN SPACE AND
STEEP SLOPE PRESERVATION EASEMENT
Assessor's Parcel No.: Project Nos.: 00-032 DR/CDP/EIA
259-200-34 W.O. No.: 6391-G
Steven D. Emmet and Yuki Emmet, as Co-Trustees of the Steven D. Emmet Revocable
Trust No. 1, hereinafter called GRANTOR, do hereby grant, convey and dedicate a biological open
space and steep slope preservation easement to the CITY OF ENCINITAS, State of California,
hereinafter called GRANTEE, 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 biological and steep slope preservation easement for open
space over, upon, across and under the subject land consisting of all coastal sage scrub and
southern maritime chaparral habitat and steep slopes not disturbed by the grading, as well as the
steep slopes that will be created by the grading on the property, as shown on the approved Design
Review Permit #00-032. No building, structure or other thing whatsoever shall be constructed,
erected, placed or maintained on the subject land, nor shall grading, landscaping or brush
removal be performed, except as is permitted or required by Design Review Permit #00-032 and
the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of
Encinitas, as said permit was issued by Resolution of the Planning Commission on July 27, 2000,
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.
Cd/mrh/g:cov:00032DRCDPEIAslopeosesmt coy l
(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, landscaping or brush removal
be performed, other than such buildings, structures, grading, landscaping or other
things as is permitted or required by Design Review Permit #00-032 and the
associated adopted Mitigated Negative Declaration issued pursuant to the
Municipal Code of the City of Encinitas, as said permit was issued by Resolution
of the Planning Commission on July 27, 2000, 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 Design Review Permit #00-032 for
grading and landscaping, it shall not use the subject land for any purpose except as
open space to permanently maintain the steep slopes and no clearing or removal of
any vegetation shall be permitted except brush clearing for fire protection
purposes by written order of the Encinitas Fire Protection Department.
(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 the City of
Encinitas 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 Design Review Permit #00-032, and the associated
adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of
the City of Encinitas, as said permit was issued by Resolution of the Planning
Commission on July 27, 2000, 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 the City of Encinitas 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.
Pursuant to Special Condition SCD of the Resolution for Approval of the Design Review Permit
#00-032, the biological open space and steep slope preservation easement required for this
project shall be implemented during the planning and construction of the approved project.
Special Condition SCD of Resolution No. PC 2000-47 requires that, prior to the granting of a
grading permit for the project, the property owner shall execute and record, to the satisfaction of the
Planning and Building Department and the Engineering Services Department, a document that
places the sensitive biological habitat and existing steep slopes on the property not to be disturbed
by the grading, as well as the steep slopes that will be created by the grading on the property, into an
open space easement.
Cd/mrh/g:cov:00032DRCDPElAslopeoscsmt.cov 2
This easement shall bind the owner and its successors and assigns.
Date: ~;~.~ -_)~/-- e55).~ Grantor: /o/).//fi~.-~ ~
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority
conferred by Resolution of said Commission adopted on July 27, 2000, that the City of Encinitas
consents to the making of the foregoing Grant of Biological Open Space and Steep Slope
Preservation Easement and consents to recordation thereof by its duly authorized officer.
P1 .... ctor ~,~ ~.)~,e.~c
City of Encinitas
Cd/mrh/g:cov:00032DRCDPEIAslopeosesmt.cov 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
ss.
On ~'(.)O~-~.¢~1 o~J ~)~t)efore me,~i~.'ril~ ~", ~:~ik,~r~.0, i%JJ~ rJ~,
a e J J , .~* Name and Ttle ~fficer (,g, 'J,ne Doe. NOtary lublic')
personally appeared · ,,,.-~'~ "~o~'~"~'~ ~"~ ~1~'
~' Name(s) of Sign"er([
~"l~ersonally known to me
~ proved to me on the basis of satisfactory
evidence
to be the person.~..~whose names~ ie/are
subscribed to the within instrument
........................... acknowledged to me that lae/eheithe..,~_.executed
i ~ OFFICIAL SEAL J the same in I;~i,~r~ authorized
-' ,~.,1~ MARTIN J. diRENETSKO ~' capacit~ and that by ~h~r~
~J~NOTARY PUBUC-CALIFORNIA.I~ signature(s_~on the instrument the person s~.~or
~'~l ~.'~.,~[~;~/ ~COMM'DIEGoNO'coUNTy1338624 ~· the entity7 upon behalf of which the person(s..~)
~ ~ MYCOMM. EXP, OCt',I(N20i~J acted, executed the instrument.
WITNESS my hand and of~q~al seal.
OPTIONAL
Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 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
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer-- Tit~e(s):
[] Partner-- [] Limited [] General
- Attorney-in-Fact
L; Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
EXHIBIT "A"
THOSE PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 12127 FILED IN THE SAN DIEGO COUNTY
RECORDER'S OFFICE MAY 20, 1982 AS FILE NO. 82-152929, CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCELS A, B AND C AS FOLLOWS:
PARCEL A
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE SOUTH 9'34'40"
EAST ALONG THE BOUNDARY OF SAID PARCEL, 111.00 FEET; THENCE DEPARTING SAID BOUND-
ARY SOUTH 80'25'20" WEST 2`3.00 FEET; THENCE SOUTH 05'06'00" WEST 152.00 FEET; THENCE
SOUTH 48'18'33" WEST 79.44 FEET; THENCE SOUTH 40'43'54" WEST 46.22 FEET; THENCE
SOUTH 28'20'24" WEST 42.89 FEET; THENCE SOUTH 64'24'41" EAST 13.74 FEET; THENCE SOUTH
06'35'19" WEST 183.54 FEET; THENCE SOUTH 81'57'29" EAST 18.14 FEET TO THE WESTERLY
SIDELINE OF A PROPOSED 40 FOOT WIDE PRIVATE ROAD AND UTILITY EASEMENT AS SHOWN ON
SAID PARCEL MAP; THENCE SOUTH 8'02'31" WEST, ALONG SAID SIDELINE, 11.90 FEET TO THE
BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28'49'41", 40.25
FEET TO THE BEGINNING OF A TANGENT 125.00.FOOT RADIUS REVERSE CURVE CONCAVE SOUTH-
EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 25'29'52", 55.63 FEET; THENCE SOUTH 11'22'20" WEST 50.40 FEET TO THE BEGINNING OF A
TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 58'06'35", 30.43 FEET TO A POINT
WHICH LIES 40.00 FEET EASTERLY OF, MEASURED AT A RIGHT ANGLE TO, THE MOST WESTERLY
BOUNDARY OF SAID PARCEL 3; THENCE DEPARTING SAID SIDELINE, NORTH 20'31'05" WEST,
PARALLEL WITH SAID BOUNDARY, 392.84 FEET TO THE NORTHERLY BOUNDARY OF PARCEL
THENCE NORTH 63'39'04" EAST, ALONG SAID BOUNDARY, 263.59 FEET TO AN ANGLE POINT IN
SAID BOUNDARY; THENCE NORTH 16'24'32" WEST, ALONG THE BOUNDARY OF PARCEL 3, 185.60
FEET TO THE MOST NORTHERLY BOUNDARY OF SAID PARCEL MAP; THENCE NORTH 63'37'52"
EAST, ALONG SAID BOUNDARY, 154.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 83042 SQUARE FEET, 1.906 ACRES.
PARCEL B
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 3; THENCE SOUTH 15'36'11" WEST
ALONG THE BOUNDARY OF SAID PARCEL, 146.23 FEET; THENCE NORTH 81'57'29" WEST, ALONG
SAID BOUNDARY, 112.00 FEET; THENCE DEPARTING SAID BOUNDARY NORTH 62'46'56" EAST, 45.10
FEET; THENCE NORTH 37'57'55" EAST .33.17 FEET; THENCE NORTH 21'51'12" EAST 53.49 FEET;
THENCE NORTH 11'13'01" EAST 48.60 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL;
THENCE SOUTH 72'35'22" EAST, ALONG SAID BOUNDARY, 63.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 10505 SQUARE FEET, 0.241 ACRES.
PARCEL C
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID PARCEL, DISTANT THEREON SOUTH
09'34'40" EAST 111.00 FEET FROM THE MOST NORTHERLY CORNER OF PARCEL 3; THENCE CONTIN-
UING SOUTH 09'34'40" EAST, ALONG SAID BOUNDARY, 203.67 FEET; THENCE SOUTH 72'30'10"
EAST 16.21 FEET; THENCE SOUTH 15'28'59" WEST 32.47 FEET; THENCE DEPARTING SAID EASTERLY
BOUNDARY, NORTH 26'41'2,:9" WEST 24.12 FEET; THENCE NORTH 37'25'59" WEST 29.89 FEET;
THENCE NORTH 19'40'09" WEST 43.69 FEET; THENCE NORTH 01'26'00" EAST 151.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 39..99 SQUARE FEET, 0.090 ACRES.
FILE NAME: EMMET.DWG ~A~Y H./~JAGILL, I~j 5871 ~'~C~
PLOT DATE: 02-17-0.3
'LEGEND t t__EXHIBIT "B"
LENGTHRADIUS
c r"~ AREA DES(~RIBED IN EXHIBIT A AS PARCEL A N20'31'O5"W 20.00'
CONTAINING 1.906 ACRES
AREA DESCRIBED IN EXHIBIT A AS PARCEL B /',=58'06'35" 30.4.3' ,30.00'
CONTAINING 0.24.1 ACRES Sl1'22'20"W 50.40'
AREA DESCRIBED IN EXHIBIT A AS PARCEL B
CONTAINING 0.090 ACRES /X=25'29'52" 55.63' 125.00'
NOTES A.=28'49'41" 4-0.25' 80.00'
S08'02'31 "W 11.90'
(~ ROAD AND UTILITY EASEMENTS GRANTED OR
RESERVED BY VARIOUS RECORD DOCUMENTS. S81'57'29"E 18.14-'
(~) IRREVOCABLE OFFER TO DEDICATE REAL ProPeRTY S81'57'29~'E 20.00'
FOR PUBLIC HIGHWAY GRANTED TO THE COUNTY Of S64'24'41"E 15.74'
SAN DIEGO PER DOC. REC. OCTOBER 22, 1981 AS S28'20'24"W 4-2.89'
DOC. NO. 81-334796, O.R.
S4-0'43'54"W 4-6.22'
BEARINGS, DISTANCES AND CURVE DATA ARE PER
PARCEL MAP 12127 OR CALCULATED THEREFROM. S48'18'53"W 79.4-4'
S80'25'20"W 23.00'
NOi'5 DELTA/BEARING LENGTH RADIUS
I,I,J N19'40'OD"W 4-5.69'
.j 1 S08'02'31 "W 11.90' N57'25'59"W 29.89'
~ 2 /~=28'4-9'41" 60.,38' 120.00'
*1: N28'41'25"W 24-.12'
I-,, ~,=25'29'52" 37.85' 85.00' S15'28'59"W 52.4.7'
,~[ S11 '22'20"W 50.4.0' N11 '1,3'01 "E 4-8.60'
I,-- /~=58'06'35" 70.99' 70.00' N21'51 '12"E 5,3.49'
"~ N20'51'OS"W 20.00' N57'57'55"E 55.17'
i:~ S69'28'55"W 40.00' N62'46'56"E 45.10'
,-PCL A PCL C .,~ PCL B ...... :,',,
,,'" P.O.B. ,,"""-P'O'B' ,,,? P.O.B.
o, .---- PARCEL 3 "
__ \, "~k~ P.M. 12127
\
(~ SCALE: 1"=100'
L.S. 5871 '[~'~
EXPIRES (.~
GARY ~:' MAGILL, E'.S.5871 .... N20'31'O5"W 392.84'
FILE NAME: EMMET. DWG , i~ (~)..,
PLOT DATE: 02-17-0.3