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2003-148344 -0148344 Recording Requested By: ) FEB 10, 2003 10: 09 City of Encinitas ) 0FFICIOk RECORDS ) SaN DIEGO COUNTY RECORI)ER'S OFFICE ~en ~eco~ded ~1 To: ) [~GDRY 3. ~ITH, COUNTY RECORDER City Clerk ) FEES: 0.00 SOS S. V~c~ Avenue ) ~nci~tas, C~ 920~4 ) ) ) SPACE ~OVE FOR ~CO~ER'S USE G~T OF STEEP SLOPE P~SERVATION OPEN SPACE EASEMENT Assessor's Parcel No.: Project Nos.: 02-040 DR 264-091-93 W.O. No.: 7252-G Alvin F. Mayo, Trustee of the Mayo Family Trust, 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 #02-040. 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 #02-040, as said permit was issued by Resolution of the Planning Commission on July 18, 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. 1 Cd/mrh/g:cov :02040DRslopeosesmt. 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 #02-040, as said permit was issued by Resolution of the Planning Commission on July 18, 2002, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) Pursuant to the Mitigation Monitoring and Reporting Program (MMRP) established by the Environmental Initial Assessment for the Tentative Parcel Map (Case No. 99-207 TPM/EIA) that created the subject lot, the following mitigation measure is required as specified by Special Condition #SCD of Resolution No. PC 2002-29: 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. 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 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 of revegetated 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. (C) That, except for those portions authorized by Design Review Permit//02-040 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. (D) 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//02-040, as s~d permit was issued by Resolution of the Planning Commission on July ! 8, 2002, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. 2 Cd/mrtdg:cov:02040DRslopeosesmt. cov (E) 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 #02-040, 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 SCD of Resolution No. PC 2002-29 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 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. This easement shall bind the owner and its successors an~ assigns. I Date: I//~{I/t23 Grantor' ~lr~'-'~ Signature of ~mtors shall be n~zed] ~e appropriate ac~owledgements sh~l 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 18, 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. Date:~'~:~.t~.-] '~-~ ~'~. Patrick~lurphy Planning and Building Director City of Encinitas 3 Cd/mrlVg:cov:02040DRslopeosesmt.cov EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF "REMAINDER PARCEL" OF PARCEL MAP NO. 18730, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 2001, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID "REMAINDER PARCEL"; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES THEREOF SOUTH 01 °57'55" WEST, 76.67 FEET, SOUTH 65°18'11" WEST, 327.32 FEET AND NORTH 51031'39'' WEST, 182.24 FEET; THENCE LEAVING SAID LINES SOUTH 89°21'50" EAST, 34.95 FEET; THENCE SOUTH 57°42'06" EAST, 71.09 FEET; THENCE SOUTH 70°30'22" EAST, 16.54 FEET; THENCE SOUTH 89014'47'' EAST, 24.69 FEET; THENCE NORTH 74°37'50" EAST, 26.95 FEET; THENCE NORTH 60°03'29" EAST, 22.12 FEET; THENCE NORTH 36052'58'. EAST, 16.24 FEET; THENCE NORTH 27027'27'' EAST, 47.20 FEET; THENCE NORTH 28°16'09" EAST, 29.49 FEET; THENCE NORTH 36047'37'' EAST, 41.76 FEET; THENCE NORTH 50°55'10.' EAST, 19.00 FEET TO THE NORTHERLY LINE OF SAID "REMAINDER" PARCEL; THENCE ALONG SAID LINE SOUTH 89055'44'' EAST, 176.97 FEET TO THE POINT OF BEGINNING. February 5, 2003 U:\l data\surveys\4431 surv\legals~PM 18730 REMAINDER exhibit A steep slope esmnt.doc ' $ EXHIBIT "B" · I EASEMENT PLAT 5"W 76.6' POINT BEGINNING LINE TABLE LINE LENGTH BEARING L1 34.95 S89°21'50'E L2 71.09 g57'42'O6'E L3 16.54 S70'30'22'E L4 84,69 S89'14'47'E L5 26,95 N74'37'50'E L6 28,18 N60'O3'89'E L7 16,24 N36°52'58'E L8 47,80 N27°87'27'E L9 29,49 N28'16'og'E LIO 41.76 N36'47'37'E Lll 19.00 N50'55'lO'E L8 L7 L6 LS~ REMAINDER PARCEL L2 P,M. 18730 WlLDFLOWER VALLEY DRIVE (PRIVATE DRIVE) SCALE: 1"---- 60' 0 60 120 8AN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 INDICATES EASEMENT AREA PHONE: (760) ?53-5525 CIVL ~ · Pt. ANNING LAND 8URVEYING U=\td6to\sur veys\4431sur v\dwg\PLATS\443t _SSP_ESNT.dw9 8/5/8003 SDE 4431 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of '~'~ ~ [ ~,-'"/,O / ss. On ",.~-'~ ~7J~,,before me, [~'-~'~t"[~--~- Date Name and Title of Officer (e.g, "Jane poe, Notary Pub personally appeared ~,~L~I},~ ~. ~,~.~,"-~O. · Name(s) of Signer(s) ~ersonally known to me T_l proved to me on the basis of satisfactory evidence to be the person(s-), whose name(.¢~)-is/a, Fe-  subscribed to the within instrument and acknowledged to me that he/sJ~/thcy executed the same in his/~ authorized il '<~.,~r~ '~--'~,.~.~'*"~ ,z~..se.'nD,;e~oCoun~/,z.n?'capacity(i~", and that by his/ber-'/~the~ L..~______~c..r.~~ signature(s) on the instrument the person(s), or .1,.-~.-~..,, ~-~,,,~,,,~,-~,.~,,-~ the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS,~y hand and 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: ("~, ~-.~"["' ~ ~',,2T~c-J~.-~ LD ~/~; ? J~C~-.~T[ ~ ~ Document Date: [- ~0/- ~) '~ Number of Pages: '~ 't" ~__~_.~.- Signer(s) Other Than Named Above: Capacity(les) Claime.d by ' Signer's Name: ~i.,V~jk.) ~.. ~.~.,.a~-.~) [] Individual Top of thumb here EJ Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact ~L.Trustee [] Guardian or Conservator [] Other: Signer Is Representing: ~'~"~) ~'-~'"~ © 1997 National Notary Association · 9350 De Soto Ave., Re. Box 2402 · Chatswer~h, CA 91 $13~2402 Prod NO 5907 Reorder: Call Toll Free 1-800-876-6827