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2001-59000 DOC 2001-0059000 Recording Requested By: ) F~b O1, 2OO1 9: 19 City of Encinitas ) OFFICIAL RECORDS ) SIIN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail To: ) ~GORY J. ~tlTH, COUNTY RECORDER City Clerk ) FEES: 0.00 City of Encinitas ) 0O: 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel No.: Project Nos.: 99-207 TPM 264-091-59 W.O. No.: 6789-G Alvin F. Mayo & Nanette Mayo, 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 the Legal Description attached hereto and as shown on the Open Space Easement Plat 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 the Escondido Creek not disturbed by the grading as shown on the approved Tentative Parcel Map 99-207. 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 Tentative Parcel Map 99-207 and the associated Mitigation Monitoring and Reporting Program (MMRP) of 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. (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:99207tpmosesmt.cov I 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 by Tentative Parcel Map 99-207 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. All necessary utility lines may be erected on the subject land upon review and approval of the City of Encinitas in conformance with the Mitigated Negative Declaration. (B) That, except for those portions authorized by Tentative Parcel Map 99-207 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 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 Tentative Parcel Map 99-207, 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. All necessary utility lines may be erected on the subject land upon review and approval of the City of Encinitas in conformance with the adopted Mitigated Negative Declaration. (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 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 Tentative map, No. 99- 207, the open space easement required by the Mitigation Monitoring and Reporting Program (MMRP) established by the Environmental Initial Assessment for this project shall be implemented during the planning and construction of the approved project. The following mitigation measure was required: Prior to the issuance of a grading permit, the property owner shall cause to be recorded a covenant, acceptable to the Community Development Department, which establishes an open space easement over all steep slopes and the Escondido Creek not disturbed by the proposed grading. Previously landscaped slopes within this area shall be maintained in good condition. If the existing or future owner fails to maintain the non-native slope landscaping on the parcels, a future plan may be approved by the City to clear non-native plant materials on the previously landscaped slopes and revegetate the slopes in native sage scrub Cd/mrh/g:cov:99207tpmosesmt. cov 2 and compatible non-native drought tolerant species in accordance with the fire code and riparian woodland habitat respectively, by hydroseeding and/or other methods. The existing irrigation system shall be removed upon establishment ofrevegetated materials. Brushing or other removal of native or revegetated plant materials (except in accordance with the fire code), alteration of landform, grading, trenching for utilities, erection or placement of structures of any kind, vehicle access (except for recreational trail maintenance), or any other disturbance of slope or biological resources within the open space easements shall be prohibited. This easement shall bind the owner and its successors and assigns. Date: ~,/'~"~/~-~/ Grantor: Date: 1/~¢, Gr~t;r: r~ Signat~e of ~tors shall be not~ized. The appropriate ac~owledgementsshall be a~ached. I ce~ify on behalf of the Planing Co~ission of the City of Encinitas, pursuit to authority confe~ed by Resolution of said Commission adopted on July 27, 2000, that ~e City of Encinitas consems to the m~ing of the foregoing Gr~t of Open Space/Slope Prese~ation Easement ~d consents to recordationthereofby its duly authorized officer. Date: [ By: ~AI~ D. Archibald Director of Engineering Se~ices City of Encinitas Cd/mrh/g:cov:99207tpmosesmt.cov 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California -~ County of ORANGE ; ss. On 1/26/01 ,beforeme, NANCY H. WARNER, NOTARY PUBLIC Date Name and 3~tJe of Officer (e.g., 'Jane Doe, Notaw Public") personally appeared ALVIN F. N~YO AND NANETTE MAYO, TRUSTEES Name(s) of Signer(s) k~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 ,I ~.. _ OmngeCoun~/ f 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. ...~/!TNESS my hand and official seal. Place Notary Seal Above ~gnalure of Notary Public 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 ~tle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- 'Rtle(s): Top of thumb here [] Partner-- [] Limited [] General [] Attorney in Fact ~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National NoraW Asscciation · 9350 [}e Soto Ave., RO Box 2402 · Chatsworth, CA 91313-2402 Pred. NO 5907 Reorder: Call Toll Free 1-800-876-6827 SDE 4431 November 13, 2000 LEGAL DESCRIPTION OPEN SPACE EASEMENTS TPM 99-207 APN 264-091-59 THOSE PORTIONS OF PARCEL "C" OF CITY OF ENCINITAS CERTIFICATE OF COMPLIANCE AS DESCRIBED IN DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 1997 AS DOC# 1997-0614690, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 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: OPEN EASEMENT 1: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "C"; 1. THENCE ALONG THE EASTERLY LINE THEREOF NORTH 1°40'36"EAST, 419.03 FEET TO THE NORTHEASTERLY CORNER THEREOF; 2. THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 89055'44'' WEST, 317.11 FEET; 3. THENCE LEAVING SAID LINE SOUTH 16049'42" EAST, 104.42 FEET; 4. THENCE SOUTH 42°26'05'' EAST, 85.58 FEET; 5. THENCE SOUTH 56052'52" EAST, 89.69 FEET; 6. THENCE SOUTH 28°59'42" EAST, 35.24 FEET; 7. THENCE SOUTH 00027'49'' WEST, 21.05 FEET; 8. THENCE SOUTH 16°37'33" WEST, 44.18 FEET; 9. THENCE SOUTH 39°20'41" WEST, 67.39 FEET; 10. THENCE SOUTH 47°13'29" WEST, 55.80 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "C"; 11. THENCE ALONG SAID LINE SOUTH 84°05'09" EAST, 222.36 FEET TO THE POINT OF BEGINNING. OPEN EASEMENT 2: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "C"; 12. THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 84005'09" EAST, 810.63 FEET; 13. THENCE LEAVING SAID LINE NORTH 29°27'31" WEST, 85.84 FEET; 14. THENCE NORTH 39o35'50'' WEST, 56.83 FEET; 15. THENCE NORTH 46°09'15" WEST, 93.76 FEET; 16. THENCE NORTH 59°06'04 WEST, 20.72 FEET; 17. THENCE NORTH 77o30'36" WEST, 36.93 FEET; 18. THENCE NORTH 21 °38'56" WEST, 31.69 FEET; 19. THENCE SOUTH 72°02'35" WEST, 38.27 FEET; 1 OF2 SDE 4431 November 13, 2000 FILE: ...4431surv\ legals\OPEN SPACE EASEMENT.doc 20. THENCE SOUTH 44°39'01" WEST, 51.86 FEET; 21. THENCE NORTH 76°19'40'' WEST, 21.25 FEET; 22. THENCE SOUTH 64°40'21'' WEST, 70.12 FEET; 23. THENCE NORTH 83°28'22'' WEST, 76.43 FEET; 24. THENCE SOUTH 4°37'08'' WEST, 18.17 FEET; 25. THENCE NORTH 85°03'41 WEST, 354.84 FEET TO THE WESTERLY LINE OF SAID PARCEL "C"; 26. THENCE ALONG SAID LINE SOUTH 4°09'24'' WEST, 95.75 FEET TO THE POINT OF BEGINNING. 2OF2