2004-215087
. DOC #~OO4-0215087
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Recordmg Requested By and )
When Recorded Mail To: ) MAR 16. 2004 3:53
~p ) PM
) OFFICIAL RECORDS
@! City Clerk ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
I ~. City ofEncinitas ) FEES: 0.00
(\J 505 S. Vulcan Avenue ) DC: NA
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE
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" GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
)¡ Assessor's Parcel Case No. 02-188 DR
No. 265-331-53
David M. Simonson and Mary L. Simonson ("GRANTOR" hereinafter), do hereby grant, convey and
dedicate an open space easement to the CITY OF ENCINITAS, 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 Exhibits "B" and "C" attached hereto, hereinafter referred to as the subject
land, to wit:
(I) GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of all steep slopes not disturbed or restored by the grading as shown
on the approved project drawings for Case No. 02-188 DR. 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. 02-188 DR, as said permit
was issued by Resolution No. PC 2003-32 of the Planning Commission on June 5, 2003 or
as said permit may be hereinafter amended or modified pursuant to the Municipal Code of
the City of Encinitas. Planting and maintenance of new vegetation may be performed in and
on the subject land provided that all new plantings consist of native species consistent with
the Planning Commission approval of Case No. 02-188 DR.
(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.
(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 be performed, other than such
CD/KK/ g: ICovenantIO2-188dr.osesmt.doc 1
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buildings, structures, grading, or other things as are permitted by Case No. 02-188
DR, as said permit was issued by Resolution No. PC 2003-32 of the Planning
Commission on June 5, 2003, or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code ofthe City of Encinitas.
(B) That, except for those portions authorized by Case No. 02-188 DR for grading and
landscaping, it shall not use the subject land for any purpose except as open space to
permanently maintain the steep slopes.
(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. 02-188
DR, as said permit was issued by Resolution No. PC 2003-32 of the Planning
Commission on June 5, 2003 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.
GRANTOR:
Dated 'Ò/II /6"-\ by
{ I
"-..
Dated 3-//-¿J Y by
(Notarizations of GRANTORS , signatures are 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 2003-32 of said Commission adopted on June 5, 2003, that the City of Encinitas
consents to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and
consents to recordation thereof by its duly authorized officer.
Dated m Jh..d!..- t ç: Z~ by -+:SL( J~~
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
CD/KKI g: ICovenantIO2-188dr.osesmt.doc 2
ALL. PURPOSE ACKNOWLE.!EMENT .
State of Califolllia l
San Diego J SS
County of -- ----- -
.;} ~//-Î/1of - , vir,gin,ia, Lee Sandberg
o~ -..1 t.:X.V before me. .
,11\T1, b r1 m ,/ _u -i m"""'l Tv
personally appeared fl..¡!t" , ,(in Ofl'SðVl , ,', 'tlr(j . \J I'm (tns..b11
'1' """"'!,J
0 personally known to me - OR - ,141 proved to me on the basis of satisfact<;A\
ev~ce to be the person&hose namq~
i~~ubscribed to the within instrument and
- u 1 acknowledged to me that he/she~xecuted
"I'CICIALSEAL , '~ '
VIFC;I:~iiALEESANDBERG ~ the same In hIs/her the I authorized
0 fICJr!!IWPIJBLlC.CALIFORN!A~ capacity~, and that y his/her~J
. ',}JMM.NO, 1405848 - 9> ~
SAN DIEGOGOUN~,', Signature~s on the instrument the perso~J
MY COMM, EXP, MARCH 1! 2007 , , (~
4 ~ or the e tlty upon behalf of which the
personØ acted, executed the instrument.
WITNESS my hand and official seal.
,
The information below is not required by law. However. it could prevent fraudutent attachment of this acknowl-
edgemenl 10 an unauthorized document. .
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 INDtVIDUAL
0 CORPORATE OFFICER
- TITLE<S¡
0 PARTNER(S)
0 AITORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(Sj
0 GUARDtAN/CONSERVATOR DATE OF DOCUMENT
0 OTHER:
OTHER
"GN"" '~""""G, "G"m"N~"" /1 I
NAME OF PERSON<S) OR ENTlTY<lES) OF f
SIGNER ~
t
APA 5199 VALLEY-SIERRA, 800-362-3369
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EXHIBIT "A"
LEGAL DESCRIPTION FOR STEEP SLOPE EASEMENT
OPEN SPACE EASEMENT PARCEL A
BEGINNING AT POINT "A", DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED TO
WALTER 1. NORLING AND NEVA N. NORLING, CO-TRUSTEES OF THE NORLING
FAMILY REVOCABLE TRUST, DATED DECEMBER 30, 1992, RECORDED MAY 20,
1993 AS DOCUMENT NUMBER 1993-0319770; THENCE NORTH 15° 03' 30" EAST, 100.00
FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE
NORTHERLY LINE OF SAID NORLING LAND DISTANT THEREON 93,00 FEET
WESTERLY FROM THE NORTHEASTERLY CORNER THEREOF; THENCE RETRACING
ALONG SAID LINE SOUTHWESTERLY 126.30 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE S 15°04'17" W, 22,80 FEET;
THENCE N 71° 16'51" W, 41.78 FEET;
THENCE N 14° 25'37" E, 26.49 FEET;
THENCE S 80°44'35" E, 16,58 FEET;
THENCE S 57° 26'57" E, 26,73 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINTNG 1,118.05 SQUARE FEET, MORE OR LESS, ACCORDING TO THE
BEARINGS AND DISTANCES ABOVE.
OPEN SPACE EASEMENT PARCEL B
BEGINNING AT POINT "A", DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED TO
WALTER 1. NORLING AND NEVA N, NORLING, CO-TRUSTEES OF THE NORLING
FAMILY REVOCABLE TRUST, DATED DECEMBER 30, 1992, RECORDED MAY 20,
1993 AS DOCUMENT NUMBER 1993-0319770; THENCE NORTH 15° 03' 30" EAST, 100,00
FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE
NORTHERLY LINE OF SAID NORLING LAND DISTANT THEREON 93,00 FEET
WESTERLY FROM THE NORTHEASTERLY CORNER THEREOF; THENCE RETRACING
ALONG SAID LINE SOUTHWESTERLY 126,30 FEET; THENCE S 15°04'17" W, 22,80
FEET; THENCE N 71°16'51" W, 41.78 FEET; THENCE N 69°55'22" W, 19,69 FEET TO THE
TRUE POINT OF BEGINNING;
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EXHIBIT" A"
STEEP SLOPE EASEMENT AREA "C"
BEGINNING AT POINT "A", DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED TO
WALTER 1. NORLING AND NEVA N, NORLING, CO-TRUSTEES OF THE NORLING
FAMILY REVOCABLE TRUST, DATED DECEMBER 30, 1992, RECORDED MAY 20,
1993 AS DOCUMENT NUMBER 1993-0319770; THENCE NORTH 15° 03' 30" EAST, 100,00
FEET; THENCE NORTHEASTERLY IN A STRAIGHT L~ TO A POINT ON THE
NORTHERLY LINE OF SAID NORLING LAND DISTANT THEREON 93,00 FEET
WESTERLY FROM THE NORTHEASTERLY CORNER THEREOF TO THE TRUE POINT
OF BEGINNING;
THENCE S 28° 49'22" W, 22.22 FEET;
THENCE S 86°46'43" W, 23,96 FEET;
THENCE S 76°08'16" W, 25.93 FEET;
THENCE N 62° 49'17" W, 34.41 FEET;
THENCE N 18°22'24" W, 31.88 FEET;
THENCE N 74° 59'15" W, 49,26 FEET;
THENCE N 15°26'02" E, 14,86 FEET;
THENCE S 72° 17'05" E, 62,98 FEET;
THENCE S 28°55'21" W, 38.46 FEET;
THENCE N 88°03'36" E, 25.37 FEET;
THENCE N 63°29'21" E, 25,62 FEET;
THENCE S 72° 17'05" E, 18,07 FEET; TO THE TRUE POINT OF BEGINNING,
CONTAINING 2,940.00 SQUARE FEET, MORE OR LESS, ACCORDING TO THE
BEARINGS AND DISTANCES ABOVE,
C:\A\Simonson\Easements\LEGAL DESCRIPTION FOR STEEP SLOPE EASEMENTOPEN
SPACE EASEMENT.wpd
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