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2000-33293 5942 DOC 2000-003. 295 Recording Requested By: ) g~r] 21, 2000 ) City of Encinitas ) ~ICI~l When recorded mail to: ) ~ DI£60 C~[~r~¥ CityCitY505 s.°fClvulcanerkEncinitaSAvenue IIII Iit II II I[ [I II II II I II I II Ii~0[~ ']'[[[S:~:~IIH~ Enc£nitas, CA 92024 OR THE ENEFIT OF THE CITY) ) SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF STEEP SLOPE / OPEN SPACE EASEMENT Assessor's Parcel Project No. No. 260-281-02 W.O. No.: 5359 PM NORTH COUNTY CUSTOM HOMES. INC. A CALIFORNIA CORPORATION hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, as described in Exhibit "A" attached hereto, and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except all necessary public utility lines and access necessary for improvements to Warwick Avenue. (B) 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 placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any term, covenant or conditions of this easement. GRANTOR covenants and agrees for himself and his successors and assigns as follows: (A) That he 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 cov3908 5943 Subject Land other than such buildings, structures and other things as may be permitted pursuant to the zoning ordinance of the City of Encinitas. (B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes. (C) That he 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 or its successors or assigns: provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or other material on the Subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the City of Encinitas. (D) That this Open Space Easement shall preclude vegetation removal or additions with the following exceptions: brush clearing for fire protection purposes shall be permitted upon written order by the appropriate fire fighting or fire protection agencies, and the removal of hazardous substances or conditions or diseased plants or trees. (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. 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 uses to which the Subject Land may be put. This easement shall bind the Grantor and his successors and assigns. Dated this ~ day of ~ J~ ~¢~ , ~ Date Gra~tor - - /I Date ~a~Or [ Date Grantor I Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. cov3908 514 (=ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of · -- ~ n~~ s~ ~ w~ ~t ~ ~ O~,C~A~ '~ RANDA G, MILLJOUR ~ {~NOTARY PUBLIC-CALIFORNIA~ ~*/ COMM. NO. 1~2~ ~ ~/ SAN DIEGO COUN~ I ~ ~ in~m~ ~ MY COMM. EXP. JAN. 6, ~~ of A~ ~ument C~~) CI~i~ ~e(s): ~/S~ ~ Co~mte ~er ~Oe(s): O P~er -- ~ Um~ O Gene~ O P~er -- O Umit~ O G~e~ ~ A~-i~Fa~ O A~mw-~-Fa~ O T~ee ~ Tmst~ O Gua~ ~ Consewator O Gua~an ~ C~se~mr 00~ec ~b~ 0 ~hec ~b~ Signer Is Representing: Signer Is Representing: 5945 '- 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 Spa~/Habitat Preservation Easement and consents~to recordation kher~o~ by its duly authorized officer. /~ I ~/~ ~ / ~I ~ Alan D. Archibald Director of Engineering Services City of Encinitas cov3908 59 ', OPENSPACE EASEMENT LEGAL DESCRIPTION: AN EASEMENT FOR STEEP SLOPE OPENSPACE PROPOSES OVER, UNDER, ALONG, AND ACROSS THAT PORTION LOT 13, OF BLOCK 104, OF CARDIFF VISTA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 13 DISTANCE THEREON 5.00' FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID LOT; THENCE, CONTINUING ALONG THE WESTERLY LINE THEREOF SOUTH 00°4B'2?"WEST A DISTANCE OF 51.48' FEET; THENCE, LEAVING SAID LINE NORTH 625455" EAST A DISTANCE 26.65 FEET; THENCE, NORTH 00°44'54"EAST A DISTANCE OF 17,69 FEET; THENCE, NORTH 50°20'24" EAST A DISTANCE OF 14.29 FEET; THENCE, NORTH 07~22'08'' EAST A DISTANCE OF 12.65 FEET; THENCE, SOUTH 89~58'04'' ~ST A DISTANCE OF 35.93 FEET TO THE POINT OF BEGINNING. GRAPHTC SCALE :1 "-20 ' LINE BEARING DISTANCE L t N6~ '54" 55" E ~6.65' L2 NO'44'54"E ~7.69' 0 20 zlO 60 L3 N50 '~0' 24"E !4. ~9 L4 NO7'~'OS"E :1~.65 ~ ~ L5 NSg*58'04"E 35.93'~ LB, SO0 '43':~7"W 5t.48' '"'~-~=~'~- 1 t4.75' CCS B3 C~IO NORTH =t zC /VORrl~ (858) 535 N. HNY 10~ STE. A SOLANA BEACH, CA 9P075 ~GIN~LOF THIS DOC~T ~ REOORDE~ ~ J~ 21, 2000 · OJ~NT NU~ER ~0~00~i~ Recording Requested By: ) G~¥ A ~ITH, D~NT¥ RECOR~R ) 8~N DIE~ ~OUNTY EC~R'S ~FICE City of Encinitas ) TI~:3:53 ~ When recorded mail to: ) City Clerk ) city of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY) ) SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF S~EEP SLOPE / OPEN SPACE EASEMENT Assessor's Parcel Project No.:~ No. 260-281-02 W.O. No.: 5359 PM NORTH COUNTY CUSTOM HOMES. INC. A CALIFORNIA CORPORATION hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, as described in Exhibit "A" attached hereto, and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except all necessary Rublic utility lines and access necessary for improvements to warwick Avenue. (B) The perpetual right, but not the obligationto 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 placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any term, covenant or conditions of this easement. GRANTOR covenants and agrees for himself and his successors and assigns as follows: (A) That he 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 cov3908 Subject Land other than such buildings, structures and other things as may be permitted pursuant to the zoning ordinance of the City of Encinitas. (B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes. (C) That he 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 or its successors or assigns: provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or other material on the Subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the City of Encinitas. (D) That this Open Space Easement shall preclude vegetation removal or additions with the following exceptions: brush clearing for fire protection purposes shall be permitted upon written order by the appropriate fire fighting or fire protection agencies, and the removal of hazardous substances or conditions or diseased plants or trees. (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. 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 uses to which the Subject Land may be put. This easement shall bind the Grantor and his successors and assigns. Dated this ~69 day of .~ ~ Date Grantor Date ~gah~or Date Grantor Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. cov3908 C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~,, ~ O~IClAL SEAL ~ RANDA G. MILLJOUR ~ MY COMM. EXP. JAN, 6, ~ ~~ of A~ ~m~ C~c~) ClaimM by S~n~s) SI~ Is Repmsen~ng: S~er Is Representing: 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 Spa~/Habi~at Preservation Easement and consent~to recordation A~her~o~ by 1ts Alan D. Archibald Director of Engineering Services City of Encinitas cov3908 OPENSPACE EASEMENT LEGAL DESCRIPTION: AN EASEMENT FOR STEEP SLOPE OPENSPACE PROPOSES OVEI~ UNDER, ALONG, AND ACROSS THAT PORTION LOT 13, OF BLOCK 104, OF CARDIFF VISTA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COIINTY, MARCH 18, 1913, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 13 DISTANCE THEREON 5.00' FEET SOUTHERLY FROM ~ NORTHWEST CORNER OF SAID LOT; THENCE, COHTINUING ALONG THE ~Y LINE THEREOF SOUTH 00*43'27"WEST A DISTANCE OF 51.48' FEET; IHENCE, LEAVING SAID LINE NORTH 62°54'55" EAST A DISTANCE 26.65 FEET; THENCE, NORTH 00~44'54"EAST A DISTANCE OF 17.69 FEET; THENCE, NORTH 5(F20'24" EAST A DISTANCE OF 14.29 FEET; THI~ICE, 'NORTH 0'/~22'05'' EAST A DISTANCE OF 12.65 FEET; THENCE, SOUTH 89*58'04" WEST A DISTANCE OF 35.93 FEET TO THE POINT OF BEGINNING. " GRAPHIC SCALE LINE BEARING DISTANCE L l N62 '54' 55" E ~=6. La N0'44'54'E 17.69' 0 20 40 50 L3 N50'~O'24"E t4.E9' ~-- L4 NO7*E2'08 "E tE.65' L5 NBg*58'Od"E 35.93' L6 SO0'43'E7"N 5t.48' I g "' ,/ "./ =. EL 2 ' .'' ' (. CCS 83 C4:HD NORTH (858) asg-sg, ta 535 N.H~Y iOI. STE. SQLANA BEACH, CA 920'