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2004-343290 " . . ~ . . DOC # 2004-0343290 Recording Requested By: ) ~ For the Benefit Of The ) APR 20, 2004 4:14 PM City of Encinitas ) ) [ffICIIlIimRDS When Recorded Mail To: ) SAN DIEGO WJffi' REID/DER'S [ffICE GREm J. IIIITH. CIUffi' RECIRŒR $ City Clerk ) FEES: 0.00 City ofEncinitas ) oc: ~ 505 S. Vulcan Avenue ) IlIVS: 2 Encinitas, CA 92024 ) ---- ------- ) -J(fYl ) 5~f,!-d{ ) SPACE ABOVE FOR RECORDER'S USE GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel No.: Project No.: 02-214 CDP 254-090-41 Building Permit.: 02-2426 In consideration of the granting of Building Permit 02-2426 by the City of Encinitas, Jennifer 1. Burl, hereinafter called GRANTOR, does hereby grant, convey and dedicate a steep slope preservation open space easement to the CITY OF ENCINIT AS, 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: (I) 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 project grading, as well as the steep slopes which are restored or enhanced as a result of the development approval, as shown on the approved Coastal Development Permit #02-214 (Proposed drainage easement and maintenance activities for said drainage easement are permitted). 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 performed, except as is permitted or required by Coastal Development Permit #02-214, as said permit was issued by Notice of Decision PBD-2003-062 on August 14, 2003, or as said permit may be hereinafter amended or modified pursuant to the Municipal 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. 1 SCANNED PBD/csmJg:cov:O2214CDPslopeosesmtcov ~ . . (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 Coastal Development Permit #02-214, as said permit was issued by Notice of Decision PBD-2003-062 on August 14,2003, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (8) That, except for those portions authorized by Coastal Development Permit #02- 214 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 clearing 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 Coastal Development Permit #02-214, as said permit was issued by Notice of Decision PBD-2003-062 on August 14, 2003, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (0) 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 SCC of the Notice of Decision of the Coastal Development Permit #02-214, the steep slope preservation open space easement required for this project shall be implemented during the planning and construction of the approved project. Special Condition SCC of PBD-2003-062 requires that, prior to the granting of a final inspection for the project, the property owner shall execute and record, to the satisfaction of the Planning and Building 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 restored or enhanced by the grading on the property, into an open space easement. 2 PBD/csmig:cov:O2214CDPslopeosesmt.cov . . This easement shall bind the owner and its successors and assigns. Date: /J./'-11o3 ~~ . I Signature of Grantors shall be no'. .. 1Ff:::1f! ,t'. &teL The appropriate acknowledgements shall be attached. I certify on behalf of the City of Encinitas, pursuant to authority conferred by Notice of Decision adopted on August 14, 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. Date: f2j~þ ~ ar.~ Patrick Murp Planning and Building Director City ofEncinitas 3 PBD/csmJ g:cov:O2214CDPslopeosesmt.cov . . EXHIBIT "A" OPEN SPACE EASEMENT An open space easement over, along and across a portion of land within lot 3 in Section 4, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinilas, County of San Diego, State of California, according to UniIBd Stales Government SunIey approved thereOt. being a portion of Block 9 of North lellcadia, according to Map thereof No. 524, filed in the Office of the County Recorder of San Diego County, Apri 6, 1888 and a portion of EaIonviIle, according to Map thereof No. 513, filed in the Oftiœ of the County Recorder of San Diego County, March 20, 1888; said portion of land being a portion of that parcel of land desaibed in a deed to Jennifer L Burl, filed in the Office of the County Recorder of San Diego CoI.I1ly, July 31,2002 as Document No. 02-640945 of 0fticiaI Records, lying Northeastøl1y of the following described line: Commencing at the most Westerly corner of the herein above desaibed .Jennifer L Burt's land; thence along the NorthweSterly line of said Burfs land, North 61"01'53" East. 87.36 feet to the point of beginning of the herein described line; thence South 53°13'00" East. 37.0 feet; thence South 38°20'00" East. 18.9 feet; thence South 24°12'00" East. 47.7 feet to a point of intersection on the Souther1y line of said Burt's land, said point of ïntersection being North 79°05'48" East. 111.82 feet from the Southwesterly comer of said Burt's land. . 5ZS..A. ~ . -- <;.."'1> --- -- ~ ~ (11 "OJ> <$J Z ç;, -0 6', 4 Z (J"I...¡ N ~ 0 (j1 - ~ ~ (I r ' [T' ,.. o!: c:: \.I1' (jI 0 0 m :J ,,/ þ ~ ~ .",", . 'I,; '^~ ~~ ~ v' ):." I,r:.,'" ff' rn '-' C.,.....' \ /<>, 111 .s '" ~iñç, ~1fo' \< fT' " " . . ~ Z~ '" -<~ \ - 0' fl, \' «& ~ ~ ~ ~ . - \ . ~ ~.~ \ ç ~ ~ G ç; <:~ ~ ..: :z: ~ ø o~ ~ » R. ---- /i - ,// m /,/ !: ._-_.._-_/------ J1I Z ...¡ <::> 0> èft / I \'2.0.'!'J~' .. tt tt SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded onJllt.!1 3/, ¿OtJ'1.. . as FilelPage No. 2002-01.'14"02'7. in the office of the San Diego County Recorder subordinated to Easement for Steep Slope Preservation Open Space ("DOCUMENT' hereinafter). Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY"r TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. BENEFICIARYortRUSTIm BENEFICIARY orTRU~n:~ BY:~-::'.-~~-< BY: A~ð'~ PJ'2/1-fr/¡¿ .$, .t./V?f."c ~M LL C. L/V7'}<;;c..N Title: ~.oÇ£O /þ~ Title: 7?U-lJT i!J~ /;<-41-' J)2-V( Y 3/%.>-/oy DATED DATED Signature of Owners to be notarized. Attach the appropriate acknowledgments . I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas accepts and consents to the making of the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. DATE +/19! °1 BY.JIJ. (}1. ()J- I Peter Cota-Robles, PE Director ofEngineering Services City ofEncinitas " . . , ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT W-=~"""-~~ -C<' -C<'=.ij' ~ §'~ŒŒ§'.£L"""- §' ~~ ...Æ.ij'.£L~ ~~ §' ~Q~ ~ Œ""g ~ ."."'~m' .} § ~ countyof9n £ernord.!nJ ss. ~ g ~ ~ . ~i ~ 'T~c ä g g g 0 personally known to me ~ B ,ø;¡ proved to me on the basis of satisfactory ~ g evidence ' g g g to be the person(s) whose name(s) is/are g g subscribed to the within instrument and g g CLAUDIA ARDELEAN acknowledged to me that he/she/they executed g g CommISSIon # 1383215 ¡; the same in his/her/their authorized g ~ Notory Public - Colifornla ~ capacity(ies), and that by his/her/their g ~ San 8ernardlno County signature(s) on the instrument the person(s), or g ~ MyComm. Expires Nov4. 2006 the entity upon behalf of which the person(s) ~ ~ acted, executed the instrument. Š ~ WiTNESS my hond and official seal. ~ ~: ~ Æ:t jlp . g P J.d/Ì( 1 f)¡:;c g g so""",,, ..p,." g g g g g ~ OPTIONAL ~ g Though the information beiow is not required by taw, it may prove vaiueble to persons relying on the document and could prevent g g fraudulent ramoval and raa.achment of this form to another document. g ~ Description of Attache~obment , ,i ~ Titie or Type of Document: Ú ifè--etftatVl1 tAPe-JnoÞ7 ~ g DocumentDate: Mcu7~ :1.;2, 0 U Number of Pages: I g g' g g Signer(s) Other Than Named Above: g g g ~ Capacity(ies) Claimed by Signer ~ g Signer's Name: g g ,'" g g 0 Individuai Topolth,mbhe" ~ g 0 Corporate Officer - Titie(s): g g 0 Partner - 0 Limited 0 General g g 0 Attorney-in-Fact g g Dfu- g g 0 Guardian or Conservator g g 0 Other: Š @ Signer Is Representing: ~ ~ 'Q:;ç<. 'Q<;;Ç<;. 'Ç<.. 'Ç<.. 'Ç<. 'Ç<.. 'Ç<. 'Ç<. "Ç<, "Ç<, '<R -;;x;% '<X~ =<; ~.g:. 'Q;, "Ç<, 'Ç<.. 'Ç<. 'Ç<.. 'Ç<. -ç<;;,;x,'Ç<;. 'Ç<. 'Ç<. "Ç<;;<x,'ç", 'Q<;;ç<;çv "Q' ~ . "99N"oo" N'~.^,'~;"OO '9350 DoSO"A". P.o. Bo,2002'C"".~"'.CA""3.2"2'_"".",","',o. Prod No. 5907 """,",conT,n-"..,.oo-,"."7 ~. . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } 6M D. ss County of \ A 'lpS 7) onœ.11 :xJD3, beforem~¡:;{;. Jj/~j;;IDvr2/~lttUðUÇ Delo Nerne end Tit'e of Offi"," te.g" "Jone Doe. Note<y p"~;c") personally appeared CftA}¡Ù I F6k? tJUR. I- Nemete) of S"",,"te) ÇJ personally known to me ~roved to me on the basis of satisfactory evidence .." ~ rJ' . .o. to be the person(s) whose name(s~re f7i93RANDA G~ MtLUOUR t subscribed to the within . trume~nd ¡ ~ "389205 acknowledged to me that she ey executed ~ ~=~ the same in hi e Ir a~ized - EIf.» 6, 2007 capacity(ies), and that by hi~heir My signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~dtV ~ ~: lLt~ Piece Nofe" Seel _w Ie 0 Noœ" þ"~. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent freudulent removal and reattachment of this form to anotber document. Description of Attached Document ìitle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: 0 Individual Top of thumb hara 0 Corporate Officer - Trtle(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: "'997 N"one! Noœ" _ellon' 9350 De Soto A,o.. P.o. 60,2402' Cham""",,. CA 91313-2402 Prod. No. 5907 Reo«Iet CeI' TolI-F... ,--a7",,27