2003-209948 ' 0209948
DOC -
FEB 20, ?-005 4:11 PM
Recording Requested By: )
City of Encinitas ) OFFICIAL [~
) ~AN DIEGO OOII~TY REOORDER'O OFFICE
When Recorded Mail To: ) G~GORY J. 8MIItt, COLdlY ~ECORDER
'~ City Clerk ) FEES: 0.00
City of Encinitas ) OC: NA
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
'o~ GRANT OF RIPARIAN BUFFER ZONE AND STEEP SLOPE
PRESERVATION OPEN SPACE EASEMENT
Assessor' s Parcel No.: 264-151-35
Project No.: 02-008 DR
Matthew J. Roberts and Joyce M. Roberts, hereinafter called GRANTOR, the owner of the property
described in Exhibit "A" hereto, do hereby grant, convey and dedicate a riparian buffer zone and
steep slope preservation open space easement to the CITY OF ENC1NITAS, State of Caiifomia,
hereinafter called GRANTEE, with terms, covenants and conditions as follows:
A riparian buffer zone and steep slope preservation open space easement over,
upon, across, and under the lands hereinafter described on Exhibits "B" and "C"
attached hereto, and as shown on Exhibit "D" attached hereto, hereinafter
referred to as the subject land, to wit:
(1) Grantor conveys a perpetual easement for riparian buffer zone over, upon, across and
under the subject land consisting of the western portion of the subject property as described in
Exhibit "B" attached hereto, and as shown as 'Parcel A' on Exhibit "D" hereto; as well as a
perpetual easement for purposes of steep slope preservation open space over, upon, across and
under the subject land consisting of the eastern portion of the subject property, as described in
Exhibit "C" attached hereto and shown as 'Parcel B' in Exhibit "D" attached hereto. 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 pursuant to Design Review Permit 02-008 DR and Resolution of approval PC 2002-19,
adopted by the Encinitas Planning Commission on June 6, 2002, or as said approval 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.
CD/tc/02008DR.cov I
(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 by approved Design Review Permit 02-008 DR, and the
adopted Resolution of Approval No. PC 2002-19 issued pursuant to the Municipal
Code of the City of Encinitas, as said approval was issued by the Planning
Commission of the City of Encinitas on June 6, 2002, or as said approval may be
hereinafter amended or modified pursuant to the Encinitas Municipal Code.
(B) That, except for those portions authorized by the approved Design Review Permit
02-008 DR issued pursuant to the Municipal Code of the City of Encinitas, for
grading and landscaping, it shall not use the subject land for any purpose except as
open space to permanently maintain the riparian buffer zone over the western
portion of the property and the steep slope areas in the easterly portion of the
subject property, and no clearing or removal of any vegetation shall be permitted
except as is permitted by the approved Design Review Permit, and 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 the approved Design Review Permit, Case #02-008 DR,
issued pursuant to the Municipal Code of the City of Encinitas, as said permit was
issued by Resolution of the Planning Commission of the City of Encinitas on June
6, 2002, or as said approval 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 the approval by the Planning Commission of the City of Encinitas of the Design
Review Permit 02-008 DR, the riparian buffer zone and steep slope preservation open space
easement required by the adopted Resolution of Approval No. PC-2002-19 for this project shall
be implemented during the planning and construction of the approved project. The following
conditions of approval were required: 1 .) Other than the specific encroachment permitted through
the approval of Design Review Permit 02-008 DR, all sloped areas greater than 25% grade shall
be maintained in their natural state. No further grading or development shall be permitted in the
areas of greater than 25% slope depicted on the slope analysis submitted with the project
CD/t¢/02008DR.cov 2
application. Prior to recordation of the building permit issuance, the applicant shall cause a
covenant regarding real property to be recorded describing and preserving remaining steep slope
areas. Said covenant shall be of a form and content satisfactory to the Community Development
Director; 2.) To ensure the long term protection of the adjacent offsite riparian corridor, the
required 50-foot minimum riparian buffer zone shall be permanently conserved through the
application of an open space easement or other suitable action. Development uses within the
buffer area shall be limited to minor passive recreational uses with any fencing,
desiltation/erosion control, and other resource protective improvements. Additionally,
construction activities occurring within the 50-foot buffer area shall be limited to minor
(restorative) grading and landscaping.
This easement shall bind the owner and its successors and assigns.
Date: Grantor: ~
Ma~/w J. Roberts
Signature of Gr~tors shall be not~ized.
The appropriate ac~owledgements shall be a~ched.
I ce~i~ ~ Co~i~ Development Director of the City of Encinitas, p~s~t to authority
confe~ed by ~e Resolution of Approval No. PC-2002-19 adopted by ~e Plying Co~ission of
the City of Enciffi~s on J~e 6, 2002, that the Ci~ of Encinitas consents to ~e m~ing of ~e
foregoing ~t of ~p~i~ Buffer Zone ~d Steep Slope Prese~ation Open Space E~ement ~d
consents to recordation ~ereofby its duly au~ofized officer.
Patrick Murphy
Community Development Director
City of Encinitas
CD/tc/02008DR·cov 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
San Diego
County of
~ personally known to me - OR - ~¢proved to me on the basis of satJsfactow evidence
to be the person(s) whose n~me(s) is/are
subscribed to the within instrument and ac-
knowJedged to me that he/she/they executed
the same in his/her/their authorized
........................ capacity(les), and that by his/her/their
~ OFFIClALSEAL I signature(s) on the instrument the person(s),
CAROL LEE HARRIS ~
% NOTARY~-CALIFORNIA~ the endty upon behalf of which the
j~/ ~NBEeOCOUN~ m person(s) acted, executed the instrument.
~ ~Y COMM, EXP, DEC. ~4, ~
WITNESS my hand and official seal.
, OPTIONAL '
Though the data below is no~ required by law. it may prove valuable to persons relying on the documen! and could prevenl
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A1-FACHED DOCUMENT
¢" TI%E ~R ~E OF ~CUMENT . /
~ PARTNEn(S) ~ LIMITED
~ GENERAL
~ A~ORNEY-IN-FACT NUMSER OF PAGES
~ TRUSTEE(S)
~ GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED
EXHIBIT A
TO RIPARIAN BUFFER ZONE EASEMENT AND
STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
FOR CITY OF ENCINITAS 02-008 DR
PROPERTY T~GAL DESCRIPTION
Parcel 3 of Parcel Map No. 3008 in the City of Encinitas, County of
San Diego, State of California, according to Parcel Map thereof No.
3008, filed in the Office of the County Recorder of San Diego County
on August 29, 1974.
This legal description was prepared by:
Jon Blake PLS 4368 Date
License expires 9/30/05
PropDesc
EXHIBIT B
TO RIPARI~--N BU~'~'~R ZONE F2%SEMENT
FOR CITY OF ENCINITAS 02-008 DR
P~.RCEL A
Ail that portion of Parcel 3 of Parcel Map No. 3008, in the City of
Encinitas, County of San Diego, State of California, according to
said Parcel Map No. 3008, filed in the Office of the County Recorder
of San Diego County on August 29, 1974, more particularly described
as follows:
Beginning at the southwest corner of said Parcel 3;
thence North 12°34'17" West (North 12034'33" West per Parcel Map
3008) along the west line of said Parcel 3, 239.14 feet;
thence South 26°56'15.. East 49.16 feet;
thence South 34°39~42" East 30.24 feet;
thence South 21040'40.. East 33.19 feet to the beginning of a 23.77
foot radius curve that is concave easterly and is non-tangent at both
ends, the radius point of said curve bears South 71o20'06" East;
thence southerly along said curve through a central angle of
75°29~33" a distance of 31.32 feet;
thence South 18°07'14" East 22.59 feet;
thence South 14°21'17" West 52.85 feet to the beginning of a tangent
40.00 foot radius curve, concave easterly;
thence southerly along said curve through a central angle of
38°39'11.. a distance of 26.98 feet;
thence South 24017'54" East 5.18 feet to the southerly line of said
Parcel 3;
thence South 71°02~27" West, along said southerly line, 7.98 feet to
the Point of Beginning.
This legal description was prepared as an exhibit to a "Grant of
Riparian Buffer Zone and Steep Slope Preservation Open Space
Easement" to the City of Encinitas. See said document for the
specified restrictions to and the allowed uses of the land described.
This legal description was prepared by:
Jon Blake PLS 4368 Date
License expires 9/30/05
Par~l_A
EXHIBIT C
TO STEEP SLOPE PRESER~I~TION OPEN SPACE F2~SEMF/TT
FOR CITY OF ENCINITAS 02-008 DR
PARCEL B
Ail that portion of Parcel 3 of Parcel Map No. 3008, in the City of
Encinitas, County of San Diego, State of California, according to
said Parcel Map No. 3008, filed in the Office of the County Recorder
of San Diego County on August 29, 1974, more particularly described
as follows:
Beginning at a point on the southerly line of said Parcel 3, whence
the southwest corner of said Parcel 3 bears South 71002'27.. West
(North 71000'00" West per Parcel Map 3008) 141.52 feet;
thence North 28°02 49" East 18 13 feet;
thence North 68°49 27" East 39 76 feet,
thence North 27°14 36" East 25 20 feet,
thence North 33°41 40" East 54 43 feet,
thence North 40°50 14" East 61 45 feet;
thence South 78°32 11" East 13 38 feet,
thence North 39°35 47" East 16 83 feet
thence North 0o47'23'' West 24.40 feet;
thence North 35°56 12" East 15.75 feet;
thence North 54°03 48" West 17.25 feet;
thence South 72°17 16" West 9.82 feet;
thence South 44°17 32" West 17.96 feet;
thence South 29°14 10" East 7.66 feet;
thence South 24°32 19" West 12.70 feet;
thence South 52°12 55" West 54.00 feet;
thence South 22°21'21`' West 36.06 feet;
thence South 30°27 50" West 29.75 feet;
thence South 59°06 46" West 32.44 feet;
thence South 32°23 03" West 34.59 feet;
thence South 82°29 40" West 42.54 feet;
thence North 26°47 35" West 8.00 feet;
thence North 44°10 30" East 57.49 feet;
thence North 51°31 38" East 65.29 feet;
thence North 25o39'55`' East 31.64 feet;
Par~t_B
thence North 64°20'05" West 19.99 feet;
thence North 22°15'40" East 52.52 feet;
thence South 88o33'58`' West 65.22 feet;
thence North 2o59'07'' West 12.15 feet, to a point on the north line
of said Parcel 3;
thence North 87°00'53" East, along said north line, 240.29 feet to
the northeast corner of said Parcel 3;
thence South 39°11'21'' West (South 39o16'59'' West per Parcel Map
3008), along the southeasterly line of said Parcel 3, 32.29 feet;
thence North 81°49'20" West 24.25 feet;
thence South 25°51'16'' West 56.96 feet;
thence South 12018'26'` West 16.91 feet, to a point on the southeast
line of said Parcel 3;
thence South 39°11'21`' West along said southeasterly line 135.33 feet
to the southeast corner of said Parcel 3;
thence South 71°02'27" West (North 71o00'00'' West per Parcel Map
3008), along the south line of said Parcel 3, 86.48 feet to the Point
of Beginning.
This legal description was prepared as an exhibit to a "Grant of
Riparian Buffer Zone and Steep Slope Preservation Open Space
Easement" to the City of Encinitas. See said document for the
specified restrictions to and the allowed uses of the land described.
This legal description was prepared by:
Jon Blake PLS 4368 Date
License expires 9/30/05
Parcel_B
EXHIBIT D
CITY OF
OPEN SPACE EASEMENT
LEGEND
UTILITY EASEMENT PER F/P 73-001447
( ) RECORD DATA PER PARCEL MAP 3008
0 10 .30 50
SCALE: 1"=50'
~ ~ B POINT
~3 ~ OF BEGINNING
R~
APN 264-151-.35 '. o
PARCEL 3
PM 3008 ~
~ ~ Felicita
~~ 252. ~
PARCEL A POINT
Conway & Associates, Inc. Telephone (760)753-1453 ~E~ * ~