2004-148551
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. ' . 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 ~
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(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.
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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
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/.' 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:
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