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2004-148551 ..- "~ ,'n""-. . ' . RECORDED AT THE REQUEST 4 DOC #~OO4-0148551 ' 1ü90 CHICAGO TITLE COIIMNY . SUBDIVISION DIPT. ,...Þ' FEB 25. 2004 1:00 PM . Recording Requested By: ) OFFICIAL RECŒDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE ) GREGORY J. SIIITH, CIJlIHTY RECORDER When Recorded Mail To:) FEES: 0.00 City Clerk ) oc: NA \\J City ofEncinitas ) ~ 7';'~= ¡JI!U'.f.8ß' ~\~ S.~ ~ SPAæABOVEFORRECORDER~ USE \ ~~- ~ GRANT OF STEEP SLOPE AND BIOLOGICAL HABITAT PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel No.: 260430-22 Project Nos.: 01-090 TM/DR/CDP W.O. No.: 7828-GR Brett Ames, as Owner of - L.L.C., hereinafter called GRANTOR, does hereby grant, convey and dedicate a steep slope and biological habitat preserv.,open space e8$en1e1lt totþe CITY OF ENCINITAS, State of C~ifunúa,-hereinafter called GRANTEE, with terms, covenants and conditions as follows: An easement over, upon, across, atld under the lands shown on City of Encinitas Tract No. 01- 090 as Final Map No. Ilf 1 tJ..5 . recorded in the office of the County Recorder of San Diego County on fi;ß. ;J.!fj ~'f ' hereinafte¡; re(erred 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 all 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 Tentative Map #01-090 and the recorded Final Map. Additionally, Grantor conveys a perpetUal sensitive biological habitat preservation easement for open space over, upon, acroSs and under the subject land consisting of all sensitive biological areas where Southern Willow Scrub habitat is present and is to be preserved, including associated SO-foot buffer areas, as shown on the approved Tentative Map #01-090 and the recorded Final Map. 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 perfonned, except as is pennitted or required by Tentative Map, Design Review Pennit, and Coastal Development Permit #01- 090 and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission (Resolution No. PC 2002-49) on November 7, 2002, or as said permit may '-'-0" -be...lt~j!l~!!~L amended or modified pursuant to the Municipal Code of the City of Encinitas. ---.On...- .- -n- .-.- .- -.- -- .. - h' -- . Cdlmrblg:cov:O 1 090TMDRCDPosesmt.cov 1 ~ - .. ---- , 8 814291 " ~ (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 I on the subject land contrary to any tenn, covenant or condition of this easement and to do any work necessary to eliminate the effects of any brush removal, excavation, grading, or placement of sand, soil, rock or gravel or any other material placed on the subject land contrary to any tenn, covenant or condition of this easement. (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 bn1sh removal be perfonned, other than such buildings, structures, grading, landscaping or other things as is permitted or required by Tentative Map, Design Review Pennit, and Coastal Development Pennit #01-090 and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission (Resolution No. PC 2002-49) on November 7, 2002, or as said pet;mit may be hereinafter amended or modified pursuant to the Municipal Code of me City of Encinitas. (B) That, except for those portions authorized by Tentative Map, Design Review Pennit, and Coastal Development Pennit #01-090 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 sensitive biological habitat, including buffer areas, and no clearing or removal of any vegetation shall be permitted except bn1sh 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 Tentative Map, Design Review Pennit, and Coastal Development Permit #01-090 and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Planning Commission (Resolution No. PC 2002-49) on November 7, 2002, or as said pennit may be hereinafter amended or modified pursuant to the Municipal Code of the City ofEncinitas. (D) That the tenns, 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. Cdlmrblg:cov:O 1 O9OTMDRCDPosesmt.cov 2 . . . . 14292 - ' . Pursuant to Special Conditions SCP and SCQ of the Resolution for Approval (Resolution No. PC 2002-49) of the Tentative Map, Design Review Permit, and Coastal Development Permit #01- 090, the steep slope and biological habitat preservation open space easement required for this project shall be implemented during the planning and construction phase of the approved project. Special Condition SCP of Resolution No. PC 2002-49 requires that, prior to Final Map approval, the project applicant sball mitigate potential impacts on wetland areas by recording biological open space easements to preserve southem willow scrub habitat areas as shown on the Tentative Map with minimum 50-foot buffer areas to the satisfaction of the Planning and Building Department Director (Mitigation Measure from Mitigated Negative Declaration). Special Condition SCQ of Resolution No. PC 2002-49 requires that, as per Municipal Code Section 30.34.030B(6), all slopes over 25 percent grade which remain undisturbed or which are restored or enhanced as a result of a development approval, shall be preserved within a steep slope preservation open space easement that will preclude any future development or grading of such slopes. This easement shall bind the owner and its successors and assigns. Date: / .;tf'o c¡ Grantor: ~ Bf9ÍÍ í\mes as Owner of Best in the West Development, L.L.C. 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 November 7, 2002, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope and Biological Habitat Preservation Open Space Easement and consents to recordation thereof by its duly authorized officer. Date: --S b'\AJ. 'Z- ? Q.-6J Ð 1 By: ïSU C.PJ~~ t- Patrick Murphy Planning and Building Department Director City of Encinitas Cd/mrhI g: co v:O 1 O9OTMD R CD Posesmt. COy 3 I . . . 14293 ' /.' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss, County of '$ A !\l 1), -e.9 ö On \- \<4.~O'-t , before me, ~ u.. c¡. \' -e., 0 R ~ Date NameBndTitloofOlfl<OrIB.g.. 'JB'B Coo, NoIa",P"~Ic') personally appeared ~ c-e...t-k, E. Ç\ m-e.s. Name(o) of S~M«o) 0 personally known to me ~ proved to me on the basis of satisfactory evidence _08 to be the person(s) whose name(s~are .. c:-.n ( 1..... subscribed to the within instrument and 1IIIIIIr'" . ~ acknowledged to me that! !/shelthey executed "...OIIIIIW the same in <::!!It'her/their authorized I capacity(ies) , and that bY~/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W:d.:: ~a"&!.fflcial seal. Pr"""Noto", ..., Abovo , S~"""'ofNobMyP- OPT/ONAL I I Though the infa""elion below is not required by lew, H mey prove velueble to pelSons I9Iy/ng on the document end could pl9vent fraudulent I9movel end reattachment of this fa"" to enother document, Dncrlptlon of Attach~ent Title or Type of Document: ;¡ Sf-I'. Jí'~~ 'c.ø.¿, /lAd/hi 'l'e.St:"'~t11t ope ,j c.c. nIC Document Date: 1-1'1'- ð r Number of Pages: , ? Signer(s) Other Than Named Above: Capaclty(I..) ~.r ~mt:s Signer's Name: E.. I ~ Individual Top of thumb he<. I 0 Corporate Officer - Trtla(s): I 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: - - 0 '997 Nollonal NoIa",_, 0350 De Solo A""., P.O. Box'40"Cho_. CA 913':>-'40' Prod, No. 5907 -, con ToO-F... 1-800-8~7