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2003-148342 DOC IJ005--0148542 Recording Requested By: ) FEB ~O, ¢' City of Encinitas ) I , -,-, ) S~N DIEGO I]OUNTY RECBRDE~'S OFFICE ~e~ Recorded Mall To: ) OEGO~Y J. SMITH, COUNTY RECBRDE,,' City Clerk ) FEES= 0.00 City of Encinitas ) O[;: NA 505 S. Vulc~ Avenue ) Encinitas, CA 92024 ) ) ) SPACE ABOVE FOR ~CO~ER'S USE G~NT OF STEEP SLOPE P~SERVATION OPEN SPACE EASEMENT Assessor's Parcel No.: Project Nos.: 02-012 DR 264-091-73 W.O. No.: 6990-G Alvin F. Mayo, Vice President, Cornucopia, Inc., hereinafter called GRANTOR, does hereby grant, convey and dedicate a steep slope preservation 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 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 steep slope preservation easement for open space over, upon, across and under the subject land consisting of all steep slopes not disturbed by the project grading, as well as the steep slopes which are restored or enhanced as a result of the development approval, as shown on the approved Design Review Permit #02-012. 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 #02-012, as said permit was issued by Resolution 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. (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. I Cd/mrh/g:cov:02012DRslopeosesmt.cov (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 #02-012, as said permit was issued by Resolution 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 Design Review Permit #02-012 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 #02-012, as said permit was issued by Resolution 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 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 SCE of the Resolution for Approval of the Design Review Permit #02-012, the steep slope preservation open space easement required for this project shall be implemented during the planning and construction of the approved project. Special Condition SCE of Resolution No. PC 2002-40 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 S~rvices Department, a document that places the existing steep slopes on the property not to be disturbed by the grading, as well as the steep slopes that will be restored or enhanced by the grading on the property, into an open space easement. 2 Cd/mrh/g:cov:02012DRslopeosesmt.cov This easement shall bind the owner and its successors and assigns. ) ~fl~k?l~a~e ~o~or~ stiall be no zed / [ / The appropriate acknowledgements shall be atta lea. '-'~--~ I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred by Resolution 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. Planning and Building Director City of Encinitas 3 Cd/mrh/g:cov :02012DRslop¢oscsmt.cov EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF "REMAINDER PARCEL" OF PARCEL MAP NO. 18554, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 27, 2000, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID "REMAINDER PARCEL"; THENCE ALONG THE SOUTHERLY LINES THEREOF SOUTH 72°35'23" EAST, 48.00 FEET AND SOl)TH 83°06'43" EAST, 84.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 04°03'02" WEST, 26.33 FEET; THENCE NORTH 88053'30'' EAST, 48.21 FEET; THENCE NORTH 63°51'23.' EAST, 44.12 FEET; THENCE NORTH 79°50'34" EAST, 46.10 FEET; THENCE NORTH 73°02'29" EAST, 65.43 FEET; THENCE NORTH 44°46'47'. EAST, 61.24 FEET; THENCE SOUTH 67057'25.. EAST, 164.80 FEET; THENCE SOUTH 54°21'04" EAST, 57.00 FEET; THENCE SOUTH 69°48'18" EAST, 39.07 FEET; THENCE SOUTH 67°10'34" EAST, 29.16 FEET; THENCE NORTH 88004'44'. EAST, 52.72 FEET; THENCE SOUTH 80°32'31" EAST, 17.21 FEET; THENCE NORTH 65°56'04" EAST, 36.40 FEET; THENCE NORTH 36040'09'' EAST, 37.89 FEET; THENCE NORTH 26034'33" EAST, 52.96 FEET; THENCE NORTH 08°34'30" WEST, 37.68 FEET; THENCE NORTH 16°57'35.' EAST, 54.72 FEET; THENCE NORTH 65031'40'. EAST, 43.51 FEET; THENCE NORTH 89°06'23" EAST, 22.84 FEET TO THE EASTERLY LINE OF SAID "REMAINDER PARCEL"; THENCE ALONG SAID EASTERLY LINE SOUTH 01 °40'36" WEST, 480.07 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINES OF SAID "REMAINDER PARCEL" NORTH 56°07'33" WEST, 431.90 FEET AND NORTH 83°06'43" WEST, 351.57 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN THAT 20 FOOT SEWER EASEMENT IN FAVOR OF THE CITY OF ESCONDIDO RECORDED JANUARY 9, 1975 AS FILE NO. 75-005919 OF O.R. AND WITHIN THAT 20 FOOT EASEMENT IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED JANUARY 31, 1962 AS FILE NO. 18553 OF O.R. AND WITHIN THAT 10 FOOT RECREATIONAL TRAIL DEDICATED TO THE CITY OF ENCINITAS ON SAID PARCEL MAP NO. 18554 AND WITHIN THAT OPEN SPACE EASEMENT GRANTED TO THE CITY OF ENCINITAS ON SAID PARCEL MAP NO. 18554. U:\ 1 data\surveys\4433surv\legals\4433 SSP-remainder. DOC EXHIBIT "B" EASEMENT PLAT SO1'40'36"W 549.26' -- REMAINDE PARCEL P.M. 8554 O LINE TABLE LINE LENGTH BEARING LI 86,33 NO4'O3'OS'V/ L8 48,81 NBB°53'30'E L3 44,18 N63'51'83'E L4 46.t0 N79'50'34'E L5 65,43 N73'OS'89'E L6 6t,84 N44'46'47'E [] 20' SEWER EASEMENT TO CI1'¢ OF L7 164,80 $67'57'85'E ESCONDIDO RECORDED 1/9/75 AS FILE L8 57,00 S54'81'04'E NO, 75-005919 O.R. L9 39,07 S69'48'18'E LiO 89,16 S67'10'34'E [] 20' OMWD EASEMENT RECORDED 1/51/62 Lll 58,78 N88'O4'44'E AS F/P 18555, BOOK 1962 O.R, L18 17,21 S80'38'31'E L13 36,40 N65'56'O4'E [] 10' WIDE RECREATIONAL TRAIL EASEMENT L14 37,89 N36°40'Og'E PER PM 18554 L15 58,96 N86'34'33'E L16 3%68 N08'34'30'~4 [] OPEN SPACE EASEMENT PER PM 18554 ~ Lt7 54,78 N16°57'35'E L18 43.51 N65'31'40'E ¢~ L19 88,84 NBg°OG'83'E ~ INDICATES EASEMENT AREA TR POINT OF BEGINNING 0 100 200 4407 MANCHESTER, SUITE 105 ENClNITAS, CA. 92024 BE( lNG PHONE: (760) 755-5525 CIVIL ENGINEERING · PLANNING LAND SURVEYING j,\tdo t c \sur-veys\4433sur v\dw§\Ptc~'cs\4433_ggP_E SNT.dw9 1/9/8003 SDE 4433 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'~-~ '"~)l~.(::z.~/ ss. On ~'~ ~D~ ~0 ~ , before me, ~--C_.~U~_. Name and Title of Officer (e.g., "Jane Cee, Notary Public") personally appeared i~L~.~ ~'. ~.~L~D '~,/.-P. I Name(s) of Signer(s) ~ersonally known to me [] proved to me on the basis of satisfactory evidence i --.~;~.--- L~LI~TH--P~--~ to be the person(.~ whose name(e)is/axe-- ~L~_~ Commission#~218~73 ~z subscribed to the within instrument and ~ ~ Notary Public- Califomio _~ acknowledged to me that he/sbe. Lthey executed ] ~_~'¢/ ,Son Diego County [ the same in his/~ authorized '~ ""~'" My Corn m. Expi~ ~/~:~/9, 2[~3r .............. capacity(Jes-), 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. WITNESS my hand and official seal. Place Notary Sea~ Above %J S~gnature of Notary Public 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 orType of Document: (...~j.~U'["' ~ Document Date: ~""t~J ~.~., ~O0 ..~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed, by .Sig~er _. Signer's Name: f~-f,-~'~J[.-) ~. ~ Individual  ._.pCorporate Officer-- ~tle(s): V[(,.~__' ¢~.~ Top of thumb here artner-- [] Limited [] General ~ Attorney in Fact ~ Trustee E3 Guardian or Conservator ~ Other: Signer Is Representing: ~)~,,.)U (~)j01J~ ) ~ ~ . © 1997 National Notary Association · 9350 De Soto Ave., RO. Box 2402 · Chatsworth, CA 91313-2402 Prod. No 5907 Reorder: Call To~l-Free I 800-876-6827