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'