2004-609520
, 8 #82004-0609520
' DOC
Recòrding,Requested By and)
~ When Recorded Mail To: ) JUN 29, 2004
) 4:06 PM
~^ ) OFFICIAL ~HORDS
~.ðffi rj ) SAN DIEGO COUNTY RECORDER'S OFFICE
~.,
1 ~ City Clerk ) GR£GO~~V J. SMITH, COUNTY "'[CORDm
f'r( City ofEncinitas ) FEES: 0.00
505 S. Vulcan Avenue ) DC: NA
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE
~}yY1
1~). {; op'f GRANT OF LIMITED PUBLIC ACCESS EASEMENT
Assessor's Parcel Case No. 03-047 DR/CDP
No. 254-171-61 DOCUMENTARY TRANSFER TAX $
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La Costa Estates LLC ("GRANTOR" hereinafter), does hereby grant, convey and dedicate an
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 Exhibit "B" attached hereto, hereinafter referred to as the subject lànd, to
wit:
(1) GRANTOR conveys a perpetual easement for limited public access to allow Licensed Land
Surveyors and other parties properly licensed by the State of California to perform land
surveying to have unfettered access to "Monument White," the u.S. Coast & Geodetic
Survey Triangulation Station identified as "White" on Exhibit "A" attached hereto, and to
allow duly authorized parties to maintain "Monument White" as necessary.
(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
landscaping as is permitted by Case No. 03-047 DR/CDP, as said permit was issued
by Resolution No. PC 2003-53 of the Planning Commission on October 2, 2003, or
as said permit may be hereinafter amended or modified pursuant to the Municipal
Code of the City of Encinitas, that would interfere with the ability of persons
properly licensed by the State of California to perform land surveying to use
PBDIKK/ g: \Covenant\O3-04 7 drcdp.surveyesmtdoc 1
,, 8 8
. "Monument White" or with the ability of duly authorized parties to maintain
"Monument White." Landscaping on the subject land shall be limited to low-
growing groundcover or turf capable of supporting foot traffic only; no trees, shrubs
or other plant materials that could interfere with the ability of a qualified professional
to access "Monument White" shall be allowed.
(B) 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. 03-047
DR/CDP, as said permit was issued by Resolution No. PC 2003-53 of the Planning
Commission on October 2, 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
general 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 allow Licensed Land Surveyors and
other persons properly licensed by the State of California to survey land to have unfettered access to
the u.S. Coast and Geodetic Survey Triangulation Station, "Monument White," and to allow duly
authorized parties to maintain "Monument White." This easement shall bind the owner and its
successors and assigns.
GRANTOR:
t 't/ by ---Æ, (L ¿~
Dated / J I {t, [
eza CheraglÍali, Assistant Manager
La Costa Estates, LLC
(Notarizations of GRANTOR'S signatures are attached.)
CITY OF ENCINITAS:
I certify on behalf ofthe Planning Commission ofthe City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2003-53 of said Commission adopted on October 2, 2003, that the City of
Encinitas consents to the making of the foregoing Grant of Limited Public Access Easement and
consents to recordation thereof by its duly authorized officer.
...--. {(;,( -'2 f:; v-z{ by-+~ ~~~ rL
Dated ,J ~
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD/KKI g: \Covenant\03 -047 drcdp. surveyesmt. doc 2
8 8
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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~ State of California } ~
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~ County of -'::;¿¡n b, (' S L' I
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Ion)",", ¡ t. JOG'; ,before me~JrtuDJI C' !i!Ü J¿;I <ÆMNi.<:°'1 It dL/< ~
~ pe r~OnallY ap::red ;(1 Z JI NI f Òl ;;=;;;77' 'r'" 0 "'00 Doo ,~" '"""1 ,~
I Name(s) of Signer(s) ~
',I !J personally known to me I
I ~~ved to me on the basis of satisfactory ,
, evidence I
; to be the person(s) whose name(sx::J;járeì
I subscribed to the Wi~jnstrument and ,~
RANDA G. ...It.UOUR acknowledged to ~. ~he/they executed
r CeMIIIøfon 11389205 j the same in lllsIher/thei~l,Ithorized .~
I. ""':::;.= C=';""f capacity(ies). and that by ~sjher/their I
I. My' Exp. Jln, 6. 2007 slgnature(s) on the Instrument the person(s), or]
l....................._.J the entity upon behalf of which the person(s) I
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acted, executed the instrument. @
~ss my hand ~nd official seaL.. i
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. OPTIONAL ,)
Though the information below is not required by law, it may prove valuable to persons relying on the document "~
r and could prevent fraudulent removal and reattachment of this form to another document. ~
~
Description of Attached Document ~
Title or Type of Document: "
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer ~
~
Signer's Name: RIGHT THUMBPRINT ~
0 Individual OF SIGNER I
Top of thumb here
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator I
0 Other:
Signer Is Representing:
@ 1997 National Notary Association' 9350 De Soto Ave" P,O. Box 2402' Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Toll-Free 1.800.876.6827
8 8
EXHIBIT "A"
EASEMENT DESCRIPTION
PUBLIC ACCESS EASEMENT GRANTED TO THE CITY OF ENCINIT AS
GASCONY GRADING PLAN
GASCONY RD., LEUCADIA, CA 92024
ALL THAT PORTION OF PARCEL 2 OF PM 18621, LOCATED IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED
JANUARY 10, 2001;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2, THENCE
SOUTH 060 50'50" EAST, 7.75 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 06050'50" EAST, 10.00 FEET;
THENCE SOUTH 83009'10" WEST, 3.00 FEET;
THENCE NORTH 06050'50" WEST, 10.00 FEET;
THENCE NORTH 830 09' 10" EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING.
THE AREA OF DEDICATION IS 30.00 SQ.FT. OR 0.001 ACRES MORE OR LESS.
.
.
EXHIBIT B
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- .-..-CONY ROAD z
N GAS 50'50"" 404.31' œ
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~~~.09'10'E
3'xl0' PUBLIC ACCESS
EASEMENT GRANTED TO THE
CITY OF ENCINIT AS PER
DOC, NO, 2004-
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EXIST, PRIVATE I - ~
5' DRAINAGE \ - - -
EASEMENT - - - -- - -
121,15'"' S05.~1'30'E 494.56' ~
121.l~
EXISTING
10' SE'JER EASEMENT
IN FAVOR OF L'J,D, 28' x 36' PROPOSED SE'JER
EASEMENT DEDICATED
TO L'J,D,
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