2006-290882
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DOC # 2006-0290882
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City Clerk
City of Encinitas
505 S. Vulcan Avenue
APR 26, 2006 11 :01 AM
OFFICI.6.L RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNT'( RECORDER
FEES 12.00
OC: NA
PAGES: 6
II~~III~II~III~~I
SPACE ABO'
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel
No. 254-172-03
Case No. 05-046 D~P
OOCuMENTARYTRANSFEA TAX $ _ ...
John K. Demers and Denise A. Demers ("GRANTOR" hereinafter), do hereby grant, convey and
dedicate an open space easement to the CITY OF ENCINIT AS, 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 all steep slopes not disturbed by the grading as shown on the
approved project drawings for Case No. 05-046 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. 05-046 DR/CDP, as said
permit was issued by Resolution No. PC 2005-30 of the Planning Commission on August 4,
2005 or as said permit may be hereinafter amended or modified pursuant to the Municipal
Code. of the City of Encinitas. Brush management for fuel modification and fire break areas
may be performed within the area labeled "Fire Clearance Area."
(2) GRANTOR conveys the perpetual right, but not the obligation to enter upon the sllbject 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. 05-046
DR/CDP, as said permit was issued by Resolution No. PC 2005-30 of the Planning
Commission on August 4, 2005 or as said permit may be hereinafter amended or
PBD\KK\g:\Covenant\05-046drcdp.osesmt.doc
modified pursuant to the Municipal Code of the City of Encinitas. Brush
management for fuel modification and fit~ break: areas may be performed within the
area labeled "Fire Clearance Area."
(B) That, except as authorized by Case No. 05-046 DR/CDP, 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. 05-046
DR/CDP, as said permit was issued by Resolution No. PC 2005-30 of the Planning
Commission on August 4, 2005 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 assi s.
Dated
:?;Jo0
Date~ /~Jtf&;
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GRANTOR:
(Notarization o~GRANTOR'S signatures are 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 2005-30 of said Commission adopted on August 4, 2005, that the City of
Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and consents to recordation thereofby its duly authorized officer.
Dated~ Z~, "2--~
(Notarization not required)
b; tS tt{ l< 1..u _[M~ .f..-
Patrick Murphy
Director, Planning and Building Department
PBD\KK.\g:\Covenant\05-046drcdp.osesmt.doc
2
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ':h ,~t.o
}ss
before me, L. ~. C tt oW ,
"t-... Name and Tille of ~ (e.g., "Jene Doe, Notary Public")
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Neme(s) of Signer(s)
o personally known to me
~roved to me on the basis of satisfactory
evidence
to be the person@ whose name~
subscribed to the with~'n inst ;;,r~
acknowledged to me that xecuted
the s~ in hislherlt eir authori~
capacity les and that by ~~
signatur on the instrument the per~ or
the entity upon behalf of which the perso@
acted, executed the instrument.
On M~t\ ~~l ~oc4
Dale
personally appeared ~\'\~
OPTIONAL
Though the information below is not required by law, 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: (;,~ Dr 5T~, 5LOPE feJ!Se~V~ IJP"'" .sp/fcE'
e~eJJ,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
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Signer Is Representing:
@1999 Notional Notary AssociaIion' 9350 De Sato Ave., P.O. Box 2402' Chatswoo1h, CA 91313-2402' www.nationalnotal)'.org
Prod. No. 5007
Reorder: esn ToU-Free 1-800-876-6827
E~HIBIT-A
THAT PORTION OF lOT 4 OF CREST ACRES ACCORDING TO MAP THEREOF NO. 2019 FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER MAY 3, 1927, CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CAUFORNIA, DESCRIBED AS FOllOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID lOT 4; THENCE NORTH 83025'06" EAST,
ALONG THE NORTHERLY BOUNDARY LINE OF SAID lOT, 182.33 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY UNE, NORTH 83025'06" EAST 233.31
FEET TO THE NORTHEASTERl Y CORNER OF SAID lOT; THENCE SOUTH 6033'48" EAST, ALONG
THE EASTERLY BOUNDARY LINE OF SAID LOT, 98.49 FEET TO THE NORTHERLY BOUNDARY OF
THAT lAND DESCRIBED IN DEED TO ROY ROBERT SORAVlA, EX UX, RECORDED APRil 29, 1957
IN BOOK 6554, PAGE 148 OF OFFICIAL RECORDS AS DOCUMENT NO. 62699; THENCE SOUTH
83"28' 40" \\f:ST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID LAND, 139.37 FEET; THENCE
DEPARTING SAID LINE, NORTH 0033'37" EAST 7.24 FEET; THENCE NORTH 42059'17" EAST 14.22
FEET; THENCE NORTH 28050'57" EAST 6.48 FEET; THENCE NORTH 2030'08" EAST 12.10 FEET;
THENCE NORTH 50047'34" WEST 19.47 FEET; THENCE SOUTH 79"11'18" \\EST 53.95 FEET; THENCE
NORTH 59"15'37" WEST 36.07 FEET; THENCE NORTH 51"19'56"WEST 20.11 FEET; THENCE NORTH
9-S3'49" WEST 18.62 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 17,516 SQUARE FEET, 0.402 ACRES.
FILE NAME: DEMERS.DWG
PLOT DATE: 12-11-05
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';'1' CLEARANCE IN THIS AREA
ALLOWED WITHOUT A
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FILE NAME: DEMERS.DWG
PLOT DATE: 12...11-05
SCALE: 1 II = 50'
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NOTES
~AAREA DESCRIBED IN EXHIBIT A.
BEARINGS & DISTANCES IN PAREN-
THESIS ( ) ARE PER MAP NO. 2019
DATA TABLE
NO. BEARING DISTANCE
1 N 00'33'3; E 7.24'
2 N 42'59'1; E 14.22'
3 N 28'50'57" E 6.48'
4 N 02'30'08" E 12.1 0'
5 N 50'47'34" W 19.47'
6 S 79'11'18" W 53.95'
7 N 59'15'37" W 36.07'
8 N 51'19'56- W 20.11'
9 N 09'53'49" W 18.62'
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GARY AGlLL. L.. 5871
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GOVERNMENT CODE 27361.7
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I CERTIFY UNDER PENAL TV OF PERJURY THA TTHE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
.Name of the Notary: L.. s, t:Zf/o(!.d
Commission Numbe'r: 1481/96 Date Commission Expires: /J1~ 1,2aJ8
County Where Bond is Fiied: ~. U~. ~tuk
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Manufacturer or Vendor Number: P tU It-.i
(Located on both sides of the notary seal border)
.Signatu~
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Firm Name (if applicable)
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Place of Execution: ~ //1 t4?cD.5
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Date: ~~t0
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Rec. Form IR10 (Rev. 7/96)