2002-705739 Recording Requested By: )
City of Encinitas )
City of Encinitas )
505 S. Vulcan Avenue ) i)~'::: ~.~
Encinims, CA 92024 )
)
]~4~ ) SPACE ~OVE FOR ~CO~ER'S USE
~ G~T OF OPEN SPACE SLOPE P~SERVA~ON EASEMENT
Assessor's P~cel No.: Project Nos.:
264-102-11 W.O. No.:
Shirley K. and Michael J. Medula, hereina~er called G~TOR, does h~eby ~ant, convey
and dedicate ~ open space steep slo~ pres~ation easement to the CI~ OF ENC~ITAS, State of
California, hereina~er called G~EE, ~th terns, coverts 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 between approximately the 190 contour
and the 117 contour as shown on city of Encinitas grading plan drawing number 7436-G. 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 for the maintenance of the
existing equestrian-pedestrian trail.
(2) 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, except the existing equestrian-pedestrian trail together with the tight to
maintain said trail.
(B) That 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 cleating for fire protection purposes by written order of
the Encinitas Fire Protection Department or maintenance of said trail.
(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; except for the maintenance of said trail.
(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 grunt of this easement und its acceptunce by the City of Encinitas shall not
authorize the public or any members thereof to use or enter upon all or uny portion of the
subject lund, 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 and assigns.
Shirley I/L Medula
Date: I:~' 4-Z~DL Grantor: '~~
Michael J. Medula
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the
making of the foregoing Grant of Open Space/Slope Preservation Easement and consents to recordation
thereof by its duly authorized officer.
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
EXHT_B~T "B"
N89 '39 '58"E 255.57'
ELY. 225.50' OF ~Y. 476.00'
$E~/4 OF S~1~/4
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT FOR STEEP SLOPE OPENSPACE OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 476.00 FEET
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE
ALONG THE EASTERLY LINE,OF SAID WESTERLY 476.00 FEET N01 °01 '24"E
129.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
LINE N87°53'3 I"W 34.85 FEET; THENCE N80°06'28"W 134.12 FEET; THENCE
N60° 13'50"W 100.53 FEET TO A POINT IN THE WESTERLY LINE OF THE
EASTERLY 255.50 FEET OF SAID WESTERLY 476.00 FEET; THENCE ALONG
SAID LINE N01°01 '24"E 125.38 FEET TO A POINT ON THE WESTERLY LINE OF
THE EASTERLY 255.50 FEET OF THE WESTERLY 476.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE ALONG SAID LINE N01°01 '25"E
174.80 FEET; THENCE LEAVING SAID LINE S88°22'24"E 24.70 FEET; THENCE
S12°56'16"E 60.48 FEET; THENCE S29°29'08"E 33.30 FEET TO THE BEGINNING
OF A NON-TANGENT 185.25 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS S53°35'52"W;
THENCE SOUTHEASTERLY ALONG TkIE ARC OF SAID CURVE 185.99 FEET
THROUGH A CENTRAL ANGLE OF 57°31'33" TO A POINT IN'THE EASTERLY
LINE OF SAID WESTERLY 476.00 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE ALONG SAID LINE S 01°01 '24' W 133.73 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM A STRIP OF LAND 10.00 FEET WIDE THE
CENTERLINE OF SAID STRIP BEING THE CENTERLINE OF THE EXISTING
EQUESTRIAN-PEDESTRIAN TRAIL AS SAID TRAIL EXISTED ON JULY 29,
2002. TOGETHER WITH THE RIGHT TO MAINTAIN SAID TRAIL.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californ:~,, .,~ ~ }ss.
County of ,..-~*~_x ~('"/"~..~
personally appeared ~-3,,~ ,,~ ~z~ A /'~ .~/'~
[] 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
:~ ~i~ _ San Diego Court? .... ~. the same in his/her/their authorized
capacity(ies), and that by his/her/their
~ MyC~m. EJ~C-,,,~A~or6,200~ signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
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
'~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: ~
E~ Individual Top of thumb here
[] Corporate Officer--Titte(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Represent ng:.
1999 National Notary Association * 9350 De Soto Ave, PO BOX 240~. Chatsworth, CA 91313-2402 · www natio'~alnot a~/o r g prod NO 5907 R~Order: Carl Toll Free 1-8(~-87~6527