2004-25586
, .
Recording Re u ested By and) DOC # 2004-0025586
When Recorde Mail To: )
f{ê ) JAN 13. 2004 3:37 PM
) OFFICIAL RECORDS
~~ City Clerk ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY .1. SMITH, COUNTY RECORDER
tC)ì!" CityofEncinit s ) FEES: 0.00
t)~ 505 S. Vulcan venue ) DC: NA
Encinitas, CA 2024 )
FOR THE BE EFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE
';;in?!
Co'{
~f T OF STEEP SLOPE PRESERV AnON OPEN SPACE EASEMENT
.0 t' I Case No. 01-241 DR
Assessor's Parc
No. 264-151-2
JeffTey Creight n and Heather Creighton ("GRANTOR" hereinafter), do hereby grant, convey and
dedicate an 0 en space easement to the CITY OF ENClNITAS, State of California ("CITY"
hereinafter), wi terms, covenants and conditions as follows:
An easement 0 er, upon, across, and under the lands hereinafter described on Exhibit "A" attached
hereto and as s own on Exhibit "B" attached hereto, hereinafter referred to as the subject land, to
wit:
(I) GRAN OR conveys a perpetual easement for open space over, upon, across and under the
subject and consisting of all steep slopes not disturbed or restored by the grading as shown
on the a proved project drawings for Case No. 01-241 DR. No building, structure or other
thingw atsoever shall be constructed, erected, placed or maintained on the subject land, nor
shall gr ding be performed, except as is permitted by Case No. 01-241 DR, as said permit
was lSS ed by Resolution No. PC 2002-34 of the Planning Commission on September 5,
2002 or as said permit may be hereinafter amended or modified pursuant to the Municipal
Code 0 the City of Encinitas. Planting and maintenance of new vegetation may be
perform d in and on the subject land provided that all new plantings consist of native species
consiste t with the landscape plan as approved by Case No. 01-241 DR.
(2) GRANT R conveys the perpetual right, but not the obligation to enter upon the subject land
and rem ve any buildings, structures or other things whatsoever constructed, erected, placed
or main ained on the subject land contrary to any term, covenant or condition of this
easemen and to do any work necessary to eliminate the effects of any excavation or grading
or place ent of sand, soil, rock or gravel or any other material placed on the subject land
contrary 0 any term, covenant or condition of this easement.
(3) R covenants and agrees for itself and its successors and assigns as follows:
(A) T at it shall not erect, construct, place or maintain, or permit the erection,
c nstruction, placement, or maintenance of any building or structure or other thing
hatsoever on the subject land, nor shall grading be performed, other than such
CDIKKJg:ICovena n IOI-241dr.osesml 1
.
buildings, structures, grading, or other things as are permitted by Case No. 01-241
DR, as said permit was issued by Resolution No. PC 2002-34 of the Planning
Commission on September 5, 2002, or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas.
(B) hat, except for those portions authorized by Case No. 01-241 DR for grading and
andscaping, it shall not use the subject land for any purpose except as open space to
ermanently maintain the steep slopes.
(C) hat it shall not excavate or grade or permit any excavating or grading to be done or,
lace or allow to be placed any sand, soil, rock, gravel or other material whatsoever
n the subject land without the written permission of CITY or its successors or
ssigns; provided, however, that grantor may excavate, grade or place sand, soil, rock
r gravel or other material on the subject land as is permitted by Case No. 01-241
R, as said permit was issued by Resolution No. PC 2002-34 of the Planning
ommission on September 5, 2002 or as said permit may be hereinafter amended or
odified pursuant to the Municipal Code of the City of Encinitas.
(D) hat the terms, covenants and conditions set forth herein may be specifically
nforced 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 membe s 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. Th s easement shall bind the owner and its successors and assigns.
GRANTOR:
Dated / /:J ;)60 by ~r
U Jef y Crei~ton
Dated I by tLtR tl u-- Q~,,--
Heather Creighton '--,
GRANTORS' signatures are attached.)
CITY OF ENC
I certify on behal of the Planning Commission ofthe City of Encinitas, pursuant to authority conferred
by Resolution N . PC 2002-34 of said Commission adopted on September 5, 2002, that the City of
Encinitas conse ts to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and co sents to recordation thereof by its duly authorized officer.
Dated :5'4.u. {7 ¿. bY~ ~~ Á
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
CD/KKlg:\Covenan OI-241dr.osesmt 2
ALL-PURPOSE A KNOWLEDGEMENT
Siale ofCalifomi }ss
Counly of Sa , Diego
On Ii ¿<./ before me, Neal Ganz
' ~:Y¿F~V' ~f'/f¡~¿", ~d:.qjl¡¿;,rr^"¿e!y/.~",
personally appear
0 personally kno wn to me - OR - Xproved to me on the basis of satisfactory
evidence 10 be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
!~" OFFICIAL SEAL I signatures(s) on the instrument the person(s),
NEAL GANZ
TARY PUBLIC'CALIFORNI"~ or the entity upon behalf of which the
COMM. NO. 1309685 -
I " M SAN DIEGOCOUNlY ,I person(s) acted, executed the instrument.
COMM. EXP. JULY 16,:;ms
WITNESS my hand and official seal.
4f ~~L~¿f
OPTIONAL INFORMATION
The information belo is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unaut orized document.
CAPACITY CLAlIofE BY SIGNER (PRIN;CIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFF! ER
TITLE OR TYPE OF DOCUMENT
TITLE<S¡
0 PARTNER(S)
0 ATTORNEY-IN-FAC NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONS RVATOR DATE OF DOCUMENT
0 OTHER:
OTHER
SIGNER IS REPRESEI TlNG: RIGHT THUMBPRINT D
NAM")f' PERSONIS' OR ENTIT "ESI OF
SIGNER
APA~ VALLEY,SIERRA. ,"Xk'.'-W,<¡
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
THOSE ORTIONS OF THAT LAND DESCRIBED IN DEED TO JEFFREY CREIGHTON, ET
UX, REC RDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOB R 28,1999 AS DOC # 1999-0722354 BEING A PORTION OF LOT 18 OF THE
SUBDIVI ION OF RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, TATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 848, FILED IN THE
OFFICE F THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,1898
DESCRI ED AS FOLLOWS:
PARCEL A:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID CREIGHTON LAND; THENCE
ALONG HE NORTHERLY LINE THEREOF NORTH 81°17'15" EAST, 153,18 FEET; THENCE
SOUTH 9'48'14" EAST, 5,37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
80'42'46" EAST, 106.57 FEET; THENCE SOUTH 46'01'47" EAST, 17.56 FEET; THENCE NORTH
89'18'36" EAST, 2,72 FEET; THENCE SOUTH 74'14'27" EAST, 17.47 FEET; THENCE SOUTH
67'21'44" EAST, 18.46 FEET; THENCE SOUTH 67'40'44" EAST, 19,05 FEET; THENCE SOUTH
06'21'51" EAST, 51,71 FEET; THENCE SOUTH 33'32'36" WEST, 16,80 FEET; THENCE NORTH
45'36'38" EST, 43,01 FEET; THENCE SOUTH 88'05'21" WEST, 101,67 FEET; THENCE
SOUTH 8'29'51" WEST, 34.45 FEET; THENCE SOUTH 45'03'31" EAST, 4,99 FEET; THENCE
SOUTH 4'56'29" WEST, 6,65 FEET; THENCE NORTH 29'14'44" WEST, 8,84 FEET; THENCE
NORTH 9'07'43" WEST, 21,15 FEET; THENCE NORTH 09'48'14" WEST, 63,59 FEET TO THE
TRUE PINT OF BEGINNING,
PARCEL B:
BEGINNI G AT THE MOST WESTERLY CORNER OF SAID CREIGHTON LAND; THENCE
ALONG HE SOUTHWESTERLY LINE THEREOF SOUTH 33'05'18" EAST, 186,71 FEET;
THENCE NORTH 56'54'42" EAST, 142,59 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 51°42'11" EAST, 15,02 FEET; THENCE NORTH 68'12'22" EAST, 11,81 FEET;
THENCE SOUTH 89'29'52" EAST, 10,91 FEET; THENCE SOUTH 75'40'02" EAST, 6,34 FEET;
THENCE SOUTH 63'09'37" EAST, 12,93 FEET; THENCE SOUTH 49'26'53" EAST, 2,98 FEET;
THENCE SOUTH 83'53'19" WEST, 29,02 FEET; THENCE SOUTH 86'24'46" WEST, 17,13 FEET;
THENCE SOUTH 89'17'43" WEST, 7,65 FEET TO THE TRUE POINT OF BEGINNING,
~
DECEM ER 23, 2003
T:14635su ILEGALSI4635 open space legal.doc
EXHIBIT "B"
OPEN SPACE EASEMENT PLAT
POB
153.18: 4"[ 5.37'
509"481
(J)
TPOB PCL "A" 3
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PARCEL "B" .
A.P.N" 264-151-20
CREIGHTON
5S6'59'56"W 290,01'
LINE TABLE
LINE LENGTH BEARING
U 106,57 NSO' 42' 46"E
L2 17,56 546'01'47"E
L3 2,72 NS9"lS'36"E
L4 17.47 574'14'27"E
L5 lS.46 567'21'44"E
L6 19,05 567"40'44"E
L7 51.71 506"21'51"E
LS 16.S0 533'32'36"W
L9 43,01 N45"36'3S"W
Ll0 101.67 5SS"05'21"W
5CALE: 1 = 60' Lll 34,45 52S'29'51"W
L12 4,99 545"03'31"E
0 60 120 L 13 6,65 544'56'29"W
L14 S,S4 N29"14'44"W
U5 21.15 N09"07'43"W
L16 63,59 N09"4S'14"W
TES OPEN SPACE EASEMENT AREA U7 15,02 N51"42'11"E
= 0,255 ACRES U8 11,81 N68"12'22"E
L19 10,91 589'29'52"E
L20 6,34 575"40'02"E
L21 12,93 563"09'37"E
~ S DlEGUlTO ENGINEERING, INC, L22 2,98 549'26:53::E
4 07 MANCHESTER, SUITE 105 L23 29,02 583"5319 W
ENCINITAS, cA, 92024 L24 17,13 586'24'46"W
PHONE: (760) 753-5525 L25 7.65 S89'17'43"W
ENGINEERING. PlANNING
LAND SURVEYING
U'\1do to \surveys\4635 urv\dw9\PLA TS\4635--0PENSPACE,dwg 12/23/2003 SDE 4635