2003-465149 Recbrding Requested By and ) DELE; t 005-0465149
When Recorded Mail To: ) ~PR 22, 2OO} 4: 19 P~
)
) OFFISIAL RECORDS
) S~ DIEGO O0~TY RE~DER'~ OFFICE
Ci~ Clerk ) GEGORY J. SMITH, CO~TY E~R~R
Ci~ of Encinitas ) FEES: 0.00
505 S. V~c~ Avenue ) ~: ~
Enci~t~, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR ~CO~ER'S USE
G~NT OF STEEP SLOPE P~SERVATION ~D BIOLOGIC~ HABITAT OPEN
~ ~.7~ SPACE EASEMENT
Assessor's P~cel Case No. 99-095 D~CDP
No. 216-100-32 ~ad~g Pe~it ~ 6291-G
Robert Soto and Constance P. Soto, ("GRANTORS" hereinafter), do hereby grant, convey and
dedicate an open space easement to the CITY OF ENC1NITAS, State of California ("CITY"
hereinafter), 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, to
wit:
(1) GRANTORS convey a perpetual easement for open space over, upon, across and under the
subject land consisting of all steep slopes not disturbed by the grading and coastal sage scrub
habitat as shown on the approved project drawings for Case No. 99-095 DR/CDP. Coastal
sage scrub is a federally listed species. No building, structure or other thing whatsoever
shall be constructed, erected, placed or maintained on the subject land, nor shall grading be
performed, except as is permitted by Case No. 99-095 DR/CDP, as said permit was issued
by Resolution No. PC 2001-78 of the Planning Commission on December 6, 2001 or as said
permit may be hereinafter amended or modified pursuant to the Municipal Code of the City
of Encinitas.
(2) GRANTORS convey 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.
PBD/MRI-Ug/Covenant/99-09599-095drcdp.slope.osesmt I
(3) GRANTORS covenant and agree 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 be performed, other than such
buildings, structures, grading, or other things as are permitted by Case No. 99-095
DR/CDP, as said permit was issued by Resolution No. PC 2001-78 of the Planning
Commission on December 6, 2001, or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas.
(B) That, except for those portions authorized by Case No. 99-095 DR/CDP for grading
and landscaping, it shall not use the subject land for any purpose except as open
space to permanently maintain the steep slopes and coastal sage scrub habitat.
Coastal sage scrub is a federally listed species.
(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 CITY 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 Case No. 99-095
DR/CDP, as said permit was issued by Resolution No. PC 2002-78 of the Planning
Commission on December 6, 2001, or as said permit 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 CITY 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. This easement shall bind the owner and its successors and assigns.
PBD/MRH/g/Covenant/99-09599-095drcdp.slope.osesmt 2
GR,~4'TORS:
Robert Soto
Constance P. Soto
(Notarization of GRANTORS' signatures is attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2001-78 of said Commission adopted on December 6, 2001, that the City of
Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation and Biological
Habitat Open Space Easement and consents to recordation thereof by its duly authorized officer.
" ratnck Murphy
(Notarization not required) Community Development Director
PBD/MRH/g/Covenant/99-09599-095drcdp.slope.osesmt 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~_
On C~. IL.~. C)~) before me,
personally appeared
~provOnally known to me
ed to me on the basis of satisfactory
to be the person~O whose name(,*) i~e'~
subscribed to the within inst..~.t~.ent
acknowledged to me that he/sh~)executed
the same in his/her/theiF --authorized
capacity(les), and that by his/h~'~
signature(s) on the instrument the persod{'S')7-o¢
~ My~.Exp~esOctl2,2130~ the entity upon behalf of which the person(s)
WITNESS my hand and official seal.
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 reailachment of this form to another document.
Description of Attached Document
Title or Type of Docu~_,ment: ~ r"~r"H- ~ ~ ~'¢)jC)/"~,~ "~"-C~."~,.'"rl~'-~ Cb Y~
Document Date: Number of Pages:
Signer(s) Other Than Named Above: i"~C).k ~,
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer--Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
E- Guardian or Conservator
[] Other:
Signer Is Representing:
E.~ ..~'T "'A'~
GRANT OF OPENSPACE EASEMENT
APN 216-100-32
AN OPENSPACE EASEMENT OVER THAT PORTION OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDtNO MERIDIAN IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF
SURVEY MAP NO. 15680, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY DECEMBER 5, 1997, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 34, DISTANT
THEREON NORTH 1° 23' 47' WEST 256.98 FEET FROM THE SOUTHWESTERLY
CORNER THEREOF; THENCE NORTH 88° 32' 44" EAST 55.00 FEET; THENCE
NORTH 21" 01' 53" EAST 118,57 FEET; THENCE NORTH 84° 00' 00' EAST 186.16
FEET; THENCE NORTH 4° 49' 13' EAST 15.78 FEET; THENCE NORTH 56" 09' 21'
WEST 288.71 FEET; THENCE SOUTH 1" 23' 47" EAST 166.66 FEET TO THE POINT
OF BEGINNING.
PROPOSED GRANT OF
OPEN SPACE
~J -- '--'~'~"~2'~"~"~' 311.91' -' -- ----'~
~' '~0,~.~
~ VICINITY MAP REVISED 3-12~3
N,T.S.
CITY OF ENCINITAS
GRANT OF OPEN SPACE PREPARED BY
EASEMENT ALTA VISTA ENGINEERING
969 VALE TERRACE, SUITE A,
APN 21 6-100-32 VISTA, CALIFORNIA 92084 (760) 758-3955
OWNER: ROBERT SOTO REF. DWG. ~ 6291-G