2004-535682
~. Recording Requested By and )8 DOC #~OO4 -0535682
When Recorded Mail To: )
6f ) JUN 08. 2004 4: 28 PI"1
A~}( ) OFFICIAL RECORDS
~\'i\ ) SAN DIEGO COUNTY RECORDER I S OFFICE
t~ff City Clerk. .) GIi£GORY J. !ìilITH, COUNTY RECORDER
r CItyofEnclnItas) FEES: 0.00
505 S. Vulcan Avenue ) DC: NA
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY) SP ACE ABOVE FOR RECORDER'S USE
})!)!
L .
1-0-£,-.£1 GRANT OF BIOLOGICAL/RIPARIAN PRESERVATION OPEN SPACE EASEMENT
11- Assessor's Parcel Case No. 04-022 TPM
No. 264-090-33 DOCuur::NTARY TRANSF . ."
1\111....1 I ER TAv \!: (
i\ ':'. (.-
Timothy T. Rodriguez and Lisa V. Rodriguez ("GRANTOR" hereinafter), do hereby grant, convey and
dedicate an open space easement to the CITY OF ENCINIT AS, 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 Exhibit "B" attached hereto, hereinafter referred to as the subject land, to
wit:
(1) GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of the "Riparian Forest Area" as shown on the approved project
drawings for Case No. 04-022 TPM. 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. 04-022 TPM, as said permit was issued by
Notice of Decision No. PBD 2004-38 of the Director of the Planning and Building
Department on April 20, 2004, 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.
(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
buildings, structures, grading, or other things as are permitted by Case No. 04-022
TPM, as said permit was issued by Notice of Decision No. PBD 2004-38 of the
CD/KK/g:\Covenant\O4-022tpm.osesmtdoc 1
. .
. . Director of the Planning and Building Department on April 20, 2004, or as said
permit may be hereinafter amended or modified pursuant to the Municipal Code of
the City of Encinitas.
(B) That, except for those portions authorized by Case No. 04-022 TPM for grading and
landscaping, it shall not use the subject land for any purpose except as open space to
permanently maintain the biological/riparian forest area.
(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. 04-022
TPM, as said permit was issued by Notice of Decision No. PBD 2004-38 of the
Director of the Planning and Building Department on April 20, 2004 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 !: /2 (; / Ó Lf by - ~J--- 211t~;¿~--
/ / ("", Timothy ¡r. Rodriguez ;-
(. '~
Dated by ~) ~ V. .~~;?,z
" LIsa V. Rod guez / '\ )
(Notarizations of GRANTORS' signatures are attached.) (,J.../
CITY OF ENCINITAS:
I certify on behalf of the Director of the Planning and Building Department of the City of Encinitas,
pursuant to authority conferred by Notice of Decision No. PBD 2004-38 of said Director adopted on
April 20, 2004, that the City of Encinitas consents to the making of the foregoing Grant of
BiologicallRiparian Preservation Open Space Easement and consents to recordation thereof by its duly
authorized officer.
c:
Dated 41 *? -Z 7r '7- ~ by f5-í t( u/ -h ~~ ~
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
CD/KK/g:\Covenant\O4-022tpm. osesmt doc 2
1
. .
I
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r~~~~~m~~~
~,.,.,':,' State of Califo~nia " ",} ~,I.'..,..,
~ <\ - f'-..¡.. ss. ~
~: County of ~~ ¡...,.fç? 80 ~,"
¡(:<j ,I
(i ,
~--/)- . ~
~ On f))(};£/ 1& , 266 i . beta re me, t:f1¡l)DIt 6, J-¡ 11..3:';7) ()f?, RJ tJ7J¥: '7 P () ~ (( ~
~,",' Date Name and Title of OffiC, er (e.g" "Jan¡(Doe, N, otary Public") ~,
~ . ~
I~,."'..',,' personally appeared 17 ¡'lAc> JH il ci-. L 1:511 f? ó'-'o ¡(If¡ u ¿- 2- , ~,.,'.,'
I Name(s) of Signer(s) ~. i
I '1
ìfJ ~sonally known to me ~
~ ~oved to me on the basis of satisfactory '. '
~; evidence 1
(, I
I '
r8."'.'.;;'~;A,"",G, -,' ;wM1 to be the person(s) whose nam, e(s,) i~,ar~) ",I
t ~ Commission t'389205 j subscribed to the within instrument and oj
It .' Notlry Public . Califoml8f acknowledged to me that he~xecuted ,I
I~ >'. San Diego County j the same in his/he~slll~>~th~' ~)I
c. My Commission Exp. Jan. 6. 2007 ' . ", .
.~ L.-.____----------- capacltY(les), and that by hls/h r/th~. >
r, signature(s) on the instrument the person(sT or I."'.,"..)
I the entity upon behalf of which the person(s) 1
'1
acted, executed the instrument., I
~, , I
I' @
~
r ' I...- ~
Place Notary Seal Above ~
~
r, ~
r, OPTIONAL ~
I. Though the information below is not required by law, it may prove valuable to persons relying on the document @
and could prevent fraudulent removal and reattachment of this form to another document. ~
Description of Attached Document ~
Title or Type of Document: I'.
r, '
¡,
Document Date: Number of Pages: I'
1 '
~. I
Signer(s) Other Than Named Above: I
: Capacity(ies) Claimed by Signer ~
I. Signer's Name: @
:: 0 Individual Top of thumb here ~
I, 0 Corporate Officer - Title(s): ~
I' 0 Partner - 0 Limited 0 General 'j
0 Attorney in Fact ' J
0 Trustee ) I
í 0 Guardian or Conservator 'J
r.
I 0 Other: ,~
, ~
I Signer Is Representing: 'j
I ,1
Ie
l<
@ 1997 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
1
. .
.
.
t!>
professional land surveying
JOB NO. 02-117
25 MAY, 2004
RODRIGUEZ
RIP ARI~N EASEMENT INC. BUFFER - TPM 02-252
EXHIBIT 'A'
AN EASEMENT FOR BIOLOGICALIRIP ARIAN PRESERVATION PURPOSES AND
APPURT ANENCES THERETO OVER, UNDER ALONG AND ACROSS THAT PORTION OF
PARCEL 4 OF PARCEL MAP NO. 9944, IN THE CITY OF ENCINIT AS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 14,1980 AS INSTRUMENT NO. 80-139570 OF OFFICIAL
RECORDS, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 4, BEING A POINT IN
THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID P ARCEL MAP~ THENCE
ALONG THE SOUTHERLY BOlJNDARY THEREOF, SOUTH 87° 12' 46" EAST A
DIST ANCE OF 31.13 FEET TO A POINT IN THE EASTERLY SIDELINE OF SAID LONE
JACK ROAD, BEING THE TRUE POLVT OF BEGINNING, ALSO BEING A POINT ON A
NON TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
405.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 77° 48' 06" EAST;
THENCE NOR THERL Y ALONG SAID EASTERLY SIDELINE THROUGH A CENTRAL
ANGLE OF 00° 45' 51" A DIS"ANCE OF 5.40 FEET; THENCE NORTH 12° 57' 45" WEST A
DIST ANCE OF 75.62 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 90.00 FEET; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 48° 00' 13" A DISTANCE OF 75.40
FEET; THENCE NORTH 35° 02' 29" EAST A DISTANCE OF 8.42 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
25500 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 14° 46' 27" A DISTANCE OF 65.75 FEET~ THENCE
LEAVING SAID EASTERLY SIDELINE OF LONE JACK ROAD, SOUTH 84° 54' 36" EAST
A DISTANCE OF 6.58 FEET; THENCE SOUTH 38° 14' 36" EAST A DISTANCE OF 70.13
FEET; THENCE SOUTH 16° 44' 12" EAST A DISTANCE OF 52.29 FEET; THENCE
SOUTH 10° 05' 37" EAST A DISTANCE OF 63.07 FEET; THENCE SOUTH 2° 23' 18" WEST
A DISTANCE OF 53.13 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 4;
THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 87° 12' 46" WEST A
DISTANCE OF 105.14 FEET TO THE TRUE POINT OF BEGINNING. ,...~::::~.C.>
~f!.,~j/-.-;.-~.,., ,
/',',/ ¡... '."\""
//7:/~'J' ';"(, ",
¡ "~J: '..¡ ¡"-', "
. ,.ú.'r 0 .'.'
t '" . .
Ie , ! '
I" \ 1'to. 51:Ò / "
:-. if' ,',. ;;
\.'\ J'" /,.., ...
'~~~~t.~-~....,".,:,':: ,/"
,.£ Or: !'t\ -':7
~~"': ~".'~;;~.;,:'--
Licensed In: Arizona. Colorado. California P.O. Box 2993. Fallbrook, CA 92088. (760) 728-4406. FAX (760) 728-2604
. ,. . EXHIBIT 'B'
'-
S69o
43'58" l:-- 30'
<55 ç
.00'
S 84°54'36" E
6.58'
I C\ /
I ~ /
~y' I ~
~ ~ / ~
6'.¡~>, ~ / ~ "V~
~6'6' ;:}", / .~, i5'~
'00' f1", I L=65.75'
/ R=255.00' SCALE: 1" = 30'
6,= 14°46'27"
I
/
-ìCj
~
o&~ "
~ Cò' / I$' (J')
~ / ~~ ~
~ ~ °
I .90 ;:}~" ~ t..
'0;"\, ~ ~ ..>
I v . ~
I I ~
I ~ I ~:~;~~I PARCEL 4
~ I 6:48°00'13" P.M 9944
I
~I
I
, 5" \!'J
\ S 11° Ot: '\ ~
0, 0
\ 90.0 V> 0
'0 CJ'.
;...,¡ ~,
\ . ~
\ RIPARIAN EASEMENT t't'
0.47 ACRES
0, \
3 \
\~
\tq
~ ~
\ ~ .%.\~
\ ~ \t't'
~ \ ~
0 \ ~ t?
~ C\ .
\ L=5.40' ~ fri
\ R=405.00' C/)
31.13' 6=00°45'51"
0500' 105.14'
5" \!'J 4 .
S 11°02"\ \ S 87°12'46" E
405.00' \
° 48'06" E.
~ 11 \
~
............
~
JOB NO. 02-117 PREPARED BY: TerraData LAND SURVEYING 7607284406