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2002-434381
DOg 002-04.543131 MAY 22, 2002 12:03 PH Recording Requested By: ) City of Encinitas ) OFFICItN. [~['~D8 ~ DIEGO COUNTY RECORDER'8 OFFICE ) GREGORY J. SMITH, COUNTY RECORDER When Recorded Mail To: ) FEES: 0.® City Clerk ) fig: NA City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE GRANT OF O?EN SPACE SLOPE PRESERVAIION EASEMENI Assessor's Parcel No.: Project Nos.: 00-073 DIUEIA 26~-240-08~& -26~.~ W.O. No.: 7095-G Bruce D. Wiegand, Inc., A California Corporation, hereinafter called GRANTOR, does 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, to wit: (1) Grantor conveys a perpetual steep slope preservation easement for open space over, upon, across and under the subject land consisting of ail steep slopes not disturbed by the grading, as well as the steep slopes that will be created by the grading on the property, as shown on the approved Design Review Permit #00-073. No building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading, landscaping or brush removai be performed, except as is permitted or required by Design Review Permit #00- 073 and the adopted Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission on August 2, 2001, or as said permit may be hereinafter amended or modified pursuant to the Municipai 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/mrhIg:cov:00073DREIAslopeosesmt. 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 or required by Design Review Permit #00-073 and the associated adopted Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission on August 2, 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 Design Review Permit #00-073 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 no cleating 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 Design Review Permit #00-073, and the associated adopted Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission on August 2, 2001, or as said permit may be hereinaf[er 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 Special Condition SCA of the Resolution for Approval of the Design Review Permit #00-073, the open space steep slope preservation easement required for this project shall be implemented during the planning and construction of the approved project. Special Condition SCA of Resolution No. PC 2001-53 requires that, prior to the granting of a grading permit for the project, the property owner shall execute and record, to the satisfaction of the Community Development Department and the Engineering Services Department, a document that places the existing steep slopes on the property not to be disturbed by the grading, as well as the steep slopes that will be created by the grading on the property, into an open space easement. Cd/mrh/g:cov:00073DREIAslopeoscsmt.cov 2 This easement shall bind the owner and its successors and assigns. Date: ~///~//t~ ~- Grantor: . ~, .~ ~ Signature of Grantors shall be notarized. The appropriate acknowledgements shall be attached. I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred by Resolution of said Commission adopted on August 2, 2001, 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. By: Patrick Murphy Community Development Director City of Encinitas Cd/mrh/g:cov:00073 DREIAslopeosesmt.cov 3 State of ~'?/q.~ L. i ~-"-~ ~d' ~ i ~ County of -~ ~ ~O ~ SS. Date ~me and ~tle of O~cer (e.g, "J~ne~, Nota~ Public") personally appeared ~4~ ~ / ~ ~ ~ Name(s) of Signer(s) ~ personally known to me ~oved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s)~are subscribed to the within instrument and acknowledged to me Jha~she/they executed the same in ~er/their ~uthorized ~ ~~-- '~-:~C~ERRY~J capacity(ies), and that by.her/their ~Commiaslon e1219~54< signature(s) on the instrument the person(s), or ~Notary Public- Callfor.la~ the entity upon behalf of which the person(s) ~~ ~ommlsllon Exp. MAY 14, 2~3 ~ ~cted, executed the instrument. WlTN~a~ and official seal. OPTIONAL Though the information below is not required by la~ R may prove valuable to pemons relying on the document and could prevent fmudulent ~moval and rea~achment of this form to another document. Description of Affached Do~nt Title or Type of Document: ~ ~ ~ ~~~~ ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual ~ Corporate O~cer -- ~tle(s): Top of thumb here ~ PaAner-- ~ Limited ~ General ~ A~orney in Fact ~ Trustee ~ Guardian or Conse~ator ~ Other: Signer Is Representing: © 1997 National Notary Associabon · 9350 De Sate Ave., P.O. BOX 2402 · Chatswor~h, CA 91313*2402 Prod. NO, 590T Reorder: Call Toll-Free 1-900-876o6827 EXHIBIT "A" THOSE PORTIONS OF LOT 4 OF TRACT NO 88-115 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12644 RECORDED JUNE 5, 1990 IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, DESCRIBED AS PARCELS '~A" AND '~B" AS FOLLOWS: PARCEL "AH BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 4 DISTANT THEREON NORTH 87033'02" EAST 116.82 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY, WESTERLY AND NORTHERLY BOUNDARY OF SAID LOT 4, SOUTH 87033'02'' WEST, A DISTANCE OF 116.82 FEET; THENCE NORTH 03016'57" EAST, A DISTANCE OF 197.49 FEET; THENCE NORTH 71o11'56'' EAST, A DISTANCE OF 128.02 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 33°07'28'' EAST, A DISTANCE OF 31.13 FEET; THENCE SOUTH 48022'50'' WEST, A DISTANCE OF 57.68 FEET; THENCE SOUTH 14022'09'' WEST, A DISTANCE OF 76.28 FEET; THENCE SOUTH 17°05'26'' EAST, A DISTANCE OF 99.56 FEET TO THE POINT OF BEGINNING. PARCEL "B" BEGINNING AT THE POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 4 DISTANT THEREON NORTH 87033'02" EAST 201.58 FEET AND SOUTH 67030'33" EAST 37.90 FEET FROM THE SOUTHWESTERLY CORNER THEREOFOF; THENCE NORTH 02000'47'' WEST, A DISTANCE OF 65.87 FEET; THENCE NORTH 11007'33'' EAST, A DISTANCE OF 42.07 FEET; THENCE NORTH 16044'22'' WEST, A DISTANCE OF 62.97 FEET; THENCE NORTH 10°01'19'' WEST, A DISTANCE OF 47.02 FEET; THENCE NORTH 45o42'56'' EAST, A DISTANCE OF 69.51 FEET TO A POINT THAT IS 5.00 FEET SOUTHWESTERLY OF MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE PARALLEL WITH SAID LINE SOUTH 28o41'55'' EAST, A DISTANCE OF 332.67 FEET TO A NON-TANGENT POINT OF CUSP ON THE ARC OF A 45.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH A RADIAL LINE TO SAID POINT BEARS NORTH 23° 12' 09" EAST; THENCE SOUTHWESTERLY 71.24 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90o42'42'' TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID BOUNDARY NORTH 67°30'33'' WEST, A DISTANCE OF 140.37 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" (CONTINUED) RESERVING FROM THE AFORESAID PARCEL "B" A STRIP OF LAND 20.00 FEET WIDE FOR INGRESS, EGRESS AND UTILITY PURPOSES AS SHOWN ON GRADING PLAN NO 7095-G ON FILE IN THE OFFICE OF THE CITY ENGINEER OF SAID CITY OF ENCINITAS. THOSE PORTIONS OF LOTS 5 AND 6 OF TRACT NO 88-115 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12644 RECORDED JUNE 5, 1990 IN THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY, BEING ALSO THAT LAND DESCRIBED IN PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1993 AS F/P 1993-40764 IN THE OFFICE OF THE SAID COUNTY RECORDER, DESCRIBED AS PARCELS "C" AND ~D" AS FOLLOWS: PARCEL BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 6 DISTANT THEREON NORTH 87°33'02'' EAST 116.82 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 05°18'41'' EAST, A DISTANCE OF 86.50 FEET; THENCE SOUTH 11036'33'' EAST, A DISTANCE OF 47.10 FEET; THENCE SOUTH 14°02'50'' WEST, A DISTANCE OF 37.84 FEET; THENCE SOUTH 64025'37'' WEST, A DISTANCE OF 41.33 FEET; THENCE SOUTH 86057'45'' WEST, A DISTANCE OF 61.26 FEET; THENCE SOUTH 66038'52'' WEST, A DISTANCE OF 25.31 FEET; THENCE SOUTH 40034'56'' WEST, A DISTANCE OF 37.64 FEET; TO A POINT IN THE WESTERLY LINE OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG THE WESTERLY AND NORTHERLY BOUNDARIES THEREOF NORTH 05°24'09" EAST, A DISTANCE OF 224.68 FEET; THENCE NORTH 87033'02'' EAST, A DISTANCE OF 116.82 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" (CONTINUED) PARCEL BEGINNING AT THE POINT ON THE NORTHERLY LINE OF SAID LOT 6 DISTANT THEREON NORTH 87033'02'' EAST 201.58 FEET AND SOUTH 67o30'33'' EAST 37.90 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 67030'33" EAST, A DISTANCE OF 140.37 FEET TO A NON-TANGENT POINT OF CUSP ON THE ARC OF A 45.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST A RADIAL LINE TO SAID POINT BEARS NORTH 67o30'33'' WEST; THENCE SOUTHERLY 57.18 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72048'25'' TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 6; THENCE ALONG SAID BOUNDARY SOUTH 20012'46'' WEST, A DISTANCE OF 112.24 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 47019'33'' WEST, A DISTANCE OF 28.17 FEET; THENCE SOUTH 87057'23'' WEST, A DISTANCE OF 27.10 FEET; THENCE SOUTH 51025'45" WEST, A DISTANCE OF 20.17 FEET; THENCE NORTH 86°28'51'' WEST, A DISTANCE OF 99.87 FEET; THENCE NORTH 01°43'31'' WEST, A DISTANCE OF 25.88 FEET; THENCE NORTH 61°03'19'' EAST, A DISTANCE OF 104.76 FEET; THENCE NORTH 12037'57'' WEST, A DISTANCE OF 140.67 FEET; THENCE NORTH 01032'58" WEST, A DISTANCE OF 23.55 FEET TO THE POINT OF BEGINNING. GRADING CAN OCCOUR WITHIN THE ABOVE EASEMENTS AS SHOWN ON THE APPROVED GRADING PLAN NO. 7095-G ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ENCINITAS.