2002-303126Recording Requested By~ )
Ci~ of Enci~ms )
~en Recorded Mail To: ) GREGORY ~E~] IH,
Ci~ Clerk )
CiW of Enciffi~ )
505 S. Vulc~ Avenue )
Enci~, CA 92024 )
>
G~NT OF OPEN SPACE STEEP SLOPE P~SERVATION EASE~NT
Assessor's Parcel No.: Project No.: 99-162 TPM/EIA
264-152-15 W.O. No.: 6999-G
Steven Robert Sapper, Michael William Sapper, David Eugene Sapper, and Eugene Herbert
Sapper, hereinafter called GRANTORS, do hereby grant, convey and dedicate an open space steep
slope preservation easement to the CITY OF ENC1NITAS, 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.
(1) Grantor conveys a perpetual easement for steep slope preservation open space over, upon,
across and under the subject land consisting of the steep slopes greater than 25% undisturbed by
grading in accordance with the approved Tentative Map, Case #99-162 TPM/EIA, and the
submitted Slope Study and Encroachment Calculation Plan dated received by the City on June
22, 1999. 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 by the approved Tentative Map, Case #99-162 TPM/EIA, and the adopted
Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas,
as said approval was issued by Planning Commission of the City of Encinitas on July 27, 2000,
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/mrh/g:cov:99162osesmt. cov 1
(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 the approved Tentative Map, Case #99-162
TPM/EIA, and the adopted Mitigated Negative Declaration 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 July 27, 2000, or as said
approval may be hereinafter amended or modified pursuant to the Municipal Code
of the City of Encinitas.
(B) That, except for those portions authorized by the approved Resolution of
Approval No. PC 2000-44 and the adopted Mitigated Negative Declaration issued
pursuant to the Municipal Code of the City of Encinitas, Case #99-162 TPM EIA,
for grading and landscaping, it shall not use the subject land for any purpose
except as open space to permanently maintain the steep slopes greater than 25%,
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.
(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 Resolution of Approval No. PC 2000-44 and
the adopted Mitigated Negative Declaration issued pursuant to the Municipal
Code of the City of Encinitas, as said permit was issued by the Planning
Commission of the City of Encinitas on July 27, 2000, 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 application for Tentative Map and environmental review for proposed grading,
Case #99-162 TPM/EIA, the open space steep slope preservation easement required by the
adopted Resolution of Approval No. PC 2000-44 for this project shall be implemented during the
planning and construction of the approved project. The following mitigation measure was
required: A deed restriction, open space easement or other suitable action shall be imposed to
preserve steep slopes greater than 25% undisturbed by approved grading in accordance with the
approved Tentative Map and the submitted Slope Study and Encroachment Calculation Plan
dated received by the City on June 22, 1999;
Cd/mrh/g:cov:99162osesmt.cov 2
757
This easement shall bind the owner and its successors and assigns.
Date: //7 .,,~/~ Grant~
Date: //e/~/~'' Grantor: ~~
Date: ~ Grantor:
Date: /~2 ~ ~ ~ ~tor~
I certify on behalf of the Community Development Director of the City of Encinitas, pursuant to
authority conferred by the Resolution of Approval No. PC 2000-44 adopted by the Planning
Commission of the City of Encinitas on July 27, 2000, that the City of Encinitas consents to the
making of the foregoing Grant of Open Space Steep Slope Preservation Easement and consents to
recordation thereof by its duly authorized officer.
Patri~:l[ Murphy
Community Development Director
City of Encinitas
Cd/mrh/g:cov:99162osesmt.cov 3
7577
State of California
· County of San Diego
On 01/28/02 before me,. H.J. Haro
(DATE) (NAME/TITLE OF OFFICER-i c "JAINE DOE, NOTARY PUBLIC")
personally appeared Steven Robert Sapper,
(NAME(S) OF SIGNER(S))
Michael William Sapper, David Eugene Sapper The information requested below
and Eugene Herbert Sapper a,d in this column is Optional.
[] personally known to me - OR - F]proved to me on the Recording of this document ls not
basis of satisfactory required by law and is also
evidence to be the optional. It could, however.
person(s) whose name(s) prevent fraudulent attachment of
is/are subscribed tothe this certificate to any unauthorized
within instrument and document.
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(les),
and that by his/her/their Title or Type of Document:
signature(s) on the 3rant of Open Space Steep Slope
instrument the person(s), ?reservation Easement
or entity upon behalf
of which theperson(s) Number of Pages: 5
acted, executed the Date of Document: 01/28/02
instrument. Other Signer(s) of Document:
.-~.'~:~ H.J. HARO ~ W~seal.
~ ~'~.:,';~',.'~ COMM. # 1207962 ,-
CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S)
TITLE(S) TiTLE(S)
RIGHTIhaYMBPPdrNT [] ~ARTNER(S) I"a EIMITED RIGHXTh~JMI~?P.n'rr [] I'ARTSEP4S) [] LIMIIED
(Optional) [] GENERAL (Optional) [] GENERAL
[] TRUSTEE{S) [] TRUSTEE(S)
'' EXHIBIT A
7578
THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS ACCORDING TO MAP
THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
JUNE 27, 1898, BEING ALSO A PORTION OF THAT LAND DESCRIBED IN GRANT DEED RECORDED
OCTOBER 26, 1989 AS DOCUMENT NO. 89-580568, OFFICIAL RECORDS, CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH LIES IN THE NORTHERLY BOUNDARY OF SAID DEEDED LAND DISTANT
THEREON SOUTH 84-'51'50" WEST 64..15 FEET FROM THE NORTHEASTERLY CORNER; THENCE SOUTH
15'14'48" WEST, PARALLEL WITH AND 60.00 FEET WESTERLY OF, MEASURED AT A RIGHT ANGLE TO,
THE EASTERLY BOUNDARY LINE OF SAID LAND, 61.49 FEET; THENCE NORTH 50'11'14" WEST 4.1.45
FEET; THENCE NORTH 70'4.8'03" WEST 4-1.99 FEET; THENCE SOUTH 62'58'48" WEST 18.60 FEET;
THENCE SOUTH .39'02'58" WEST .35.90 FEET; THENCE SOUTH 22'25'52" WEST 24.98 FEET; THENCE
SOUTH .39'56'08" WEST 62.18 FEET; THENCE SOUTH 58'13'50" WEST 115.86 FEET TO THE BEGIN-
lNG OF A TANGENT 55.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 4-1'13'37", .39.58 FEET; THENCE SOUTH
16'59'55" WEST 11.45 FEET TO A POINT WHICH LIES 30.00 FEET EASTERLY OF, MEASURED AT A
RIGHT ANGLE TO, THE WESTERLY BOUNDARY OF SAID DEEDED LAND; THENCE NORTH 4'54-'01" WEST,
PARALLEL WiTH SAID WESTERLY BOUNDARY, 190.70 FEET TO THE NORTHERLY BOUNDARY OF SAID
LAND; THENCE NORTH 84'.31'50" EAST, ALONG SAID BOUNDARY, .308.46 FEET TO THE POINT OF
BEGINNING.
CONTAINING 24,4.23 SQUARE FEET, 0.561 ACRES.
~ 12/31/04 X
'GA'I~Y H.¢~,GILL. L.,~ 5871
FILE NAME: SAPP-LGL.DWG
PLOT DATE: 12-1.3-01
· EXHIBIT B
7579
· ~'~ DATA TABLE
· > '~..'~ NO. BEARING/DELTA LENGTH RADIUS
L.S. 5871 2 N 30'11'14" W 41.45'
~ EXPIRES /~ N 70'48'03" W 41.99'
· . ~ . S 39'02'58" W 35.90'
A= 41~3'37" 39.58' 55.00'
'GARY H~/MAGILL,' L.S.~871 S 16'59'53" W 11.43'
NOTES
(~) ~ AREA DESCRIBED IN EXHIBIT
(~ PRIVATE ROAD & UTILITY EASEMENTS PER RECORD
(~ PUBLIC ROAD & UTILITY EASEMENTS PER RECORD
BEARINGS PER NAD 8,3. ';
or CALCULATED THEREFROM. ('~
724A2'
SCALE : 1" = 60' " q
~ ....... N73'OO'O7"W 295.85' ,;
FiLE NAME: SAPP-LGL.DWG
PLOT DATE: 12-13-01