2002-133329 2002-013332
City of Encinitas ) [~FI~Ifl[
When Recorded Mail To: ) GI~I~I~/J. ~ITH, [I)tl~Y ~gl~l)El~
(~ City Clerk ) FEES: 0.00
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/SLOPE & HABITAT PRESERVATION EASEMENT
Assessor's Parcel No.: ProjectNos.: 99-264 DR/CDP
262-013-11 & 12 W.O. No.: 6421-G
Robert B. Joel and Cary Z. Joel, hereinafter called GRANTOR, does hereby grant, convey
and dedicate an open space 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 Exhibits "A-I" and
"A-2" attached hereto and as shown on Exhibits "B-I" and "B-2" 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 and biological habitat not disturbed by the grading as
shown on the approved Design Review Permit and Coastal Development Permit 99-264. 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 by Design Review Permit and Coastal Development Permit 99-264 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 June 22, 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.
(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
Cd/mrh/g:cov:99264DRCDPosesmt#2.cov I
thing whatsoever on the subject land, nor shall grading, landscaping or brash
removal be performed, other than such buildings, structures, grading, landscaping
or other things as is permitted by Design Review Permit and Coastal
Development Permit 99-264 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 June 22,
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 and Coastal
Development Permit 99-264 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 biological resources, and no clearing or removal of any
vegetation shall be permitted except brush cleating 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 and Coastal Development Permit
99-264, 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 June 22, 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 SCA of the Resolution for Approval of the Design Review Permit
and Coastal Development Permit 99-264, the open space easement required by the adopted
Mitigated Negative Declaration for this project shall be implemented during the planning and
construction of the approved project. The following mitigation measure was required: A deed
restriction, open space easement, or other suitable action shall be imposed to preserve
undisturbed steep slopes and biological habitat in accordance with the Open Space Area
delineated on the approved Open Space Easement, Slope Encroachment and Fire Modification
Zone Delineation Plan dated received by the City on March 30, 2000. However, should a lot line
adjustment take place over the easterly area of the property shown on the slope analysis dated
February 7, 2000, the areas in the lot line adjustment shall be in a separate open space easement
for biological preservation unless evidence satisfactory to the Community Development
Department is presented to show cause why the open space easement should not be placed over
Cd/mrh/g:cov:99264DRCDPosesmt~2.cov 2
the property in question.
This easement shall bind the owner and its successors and assigns.
Date: ~/~/~2 '~ Clrant or: '~'7~---~"~"~'~"~.-
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 June 22, 2000, that the City of Encinitas
consents to the making of the foregoing Grant of Open Space/Slope and Biological Preservation
Easement and consents to recordation thereof by its duly authorized officer.
Patrick Murphy
Community Development Director
City of Encinitas
Cd/mrh/g:cov:99264DRCDPosesm~2.cov 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .5',q,,/ ss.
Date [ Name and ~tle of Officer (e.g.. "Jane Doe. Notary Public")
personally appeared ~Oi~ ,~, _.~'~
[] personally known to me
~,~ 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
~ ~ OFFIClALSEAL I capacity(les), and that by his/her/their
' ,~i?_.~.~[_~_~_~_~_~_~ PATRICtA DREW
.~ ~NOTARY PUBLIC-CALIFORNIA~' signature(s) on the instrument the person(s), or
~~ COMM. NO. 1306678 = the entity upon behalf of which the person(s)
I ~.~J SAN DIEGO COUNTY
~ MY COMM. EXP, JUNE 22, 2(]06 1 acted, executed the instrument.
WlTN~,j~my hand a~d official seal.
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer -- Title(s):
[] Partner-- [] Limited [] General
L~ Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
EXHIBIT
LEGAL DESCRIPTION
THAT PORTION OF BLOCK "F" OF PALOMARES HEIGHTS, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 2114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 19, 1928, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PALOMARES HEIGHTS
DISTANT THEREON SOUTH 0°09'09" WEST, 1224.12 FEET FROM THE
NORTHEASTERLY CORNER THEREOF; THENCE CONTINUING ALONG SAID
EASTERLY LINE OF PALOMARES HEIGHTS, SOUTH 0°09'09" WEST, 153.69 FEET;
THENCE NORTH 89°50'51" WEST, 185.00 FEET TO THE TRUE POINT OF
BEGINNING.; THENCE CONTINUING NORTH 89°50'51'' WEST, 366.49 FEET;
THENCE NORTH 53°02'40`' EAST, 27.25 FEET; THENCE SOUTH 82°33'05" EAST,
55.22 FEET; THENCE NORTH 39°04'47" EAST, 26.09 FEET; THENCE NORTH
25°52'19'' EAST, 111.98 FEET; THENCE NORTH 79°10'39'' WEST, 124.65 FEET;
THENCE SOUTH 89°50'51" EAST, 422.49 FEET TO A POINT WHICH BEARS NORTH
26°09'53'' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
26°09'53'' WEST, 171.01 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 1.076 ACRES, MORE OR LESS.
PETER C. GOLDING LS 47~68
EXHIBIT "B"i
NORTHEASTERLY CORNER
OF PALOMARES HEIGHTS.--~
A PORTION OF
BLOCK "F", PALOMARES HEIGHTS
CITY OF ENCINITAS
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
Z
MAP NO. 2114
N 89'50'51" W 675.13'
42.65' 110.00'
140.28' 185.00'
N89'50'51"W 691.77'
LINE DATA TABLE
L1 N53'O2'40"E 27.25
L2 N82'53"O5"W 55.22
L3 N39'O4'47"E 26.09 SCALE: 1"=100'
L4 N25"52'19'E 111.98
L5, N79'10'59'W 124.65
North: 4845.0060 East: 5489.7204
Line Course: N 89-50-51 W Length: 366.49
North: 4845.9815 East: 5123.2317
Line Course: N 53-02-40 E Length: 27.25
North: 4862.3640 East: 5145.0072
Line Course: S 82-33-05 E Length: 55.22
North: 4855.2055 East: 5199.7613
Line Course: N 39-04-47 E Length: 26.09
North: 4875.4584 East: 5216.2084
Line Course: N 25-52-19 E Length: 111.98
North: 4976.2148 East: 5265.0722
Line Course: N 79-10-39 W Length: 124.65
North: 4999.6199 East: 5142.6392
Line Course: S 89-50-51 E Length: 422.49
North: 4998.4954 East: 5565.1278
Line Course: S 26-09-53 W Length: 171.01
North: 4845.0088 East: 5489.7203
Perimeter: 1305.19 Area: 46,860 sq.ft. 1.076 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0028 Course: N 01-50-12 W
Error North: 0.00281 East: -0.00009
Precision 1: 463,660.72
,EXHIBIT
LEGAL DESCRIPTION
THAT PORTION OF BLOCK "F" OF PALOMARES HEIGHTS, IN THE CITY OF
ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCQRDING TO
MAP THEREOF NO. 2114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 19, 1928, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PALOMARES HEIGHTS
DISTANT THEREON SOUTH 0°09'09" WEST, 1224.12 FEET FROM THE
NORTHEASTERLY CORNER THEREOF; THENCE CONTINUING ALONG SAID
EASTERLY LINE OF PALOMARES HEIGHTS, SOUTH 0°09'09" WEST, 153.69 FEET;
THENCE NORTH 89°50'51" WEST, 185.00 FEET; THENCE NORTH 26°09'53" EAST,
171.01 FEET; THENCE SOUTH 89°50'51'' EAST, 110.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL OF LAND CONTAINS 0.520 ACRES, MORE OR LESS.
EXHIBIT "B-'?
NORTHEASTERLY CORNER
OF PALOMARES HEIGHTS.
A PORTION OF
BLOCK "F"~i,~PALOMARES HEIGHTS
OF ENCINITAS
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
MAP NO. 2114
T.P.O.B;--~
N 89'50'51" W 675.13'
142.65' ~,~ 422.49'
L
140.28' 366.49'
N89"50'51"W 691.77'
LINE DATA TABLE
L1 N53"O2'40'E 27.25
L2 N82'35'O5'W 55.22
iL3 N39'O4'47"E 26.09 SCALE: 1"=100'
'L4 N25'52'19"E 111.98
L5 N79'10'39"W 124.65
North: 4998.2031 East: 5675.1288
Line Course: N 89-50-51 W Length: 110.00
North: 4998.4958 East: 5565.1292
Line Course: S 26-09-53 W Length: 171.01
North: 4845.0092 East: 5489.7218
Line Course: S 89-50-51 E Length: 185.00
North: 4844.5168 East: 5674.7211
Line Course: N 00-09-09 E Length: 153.69
North: 4998.2063 East: 5675.1302
Perimeter: 619.70 Area: 22,669 sq.ft. 0.520 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0035 Course: N 23-04-54 E
Error North: 0.00322 East: 0.00137
Precision 1: 176,960.88