Loading...
2004-729561 ~ ~\" ('). ' " ipl '7,?\O4 ~/) ); 8 o. # 2004-0729561 \ 111\\\1\1\1 \\11\ 11111 11\\\1111\ 11\11 11111 1\111 1111\ 11\111111\ \111 1111 :. - Recording Requested By: City of Encinitas AUG 03, 2004 8:40 AM OFFICIAL RE[CiF;D~,; '"þJ DIŒO cCiUt,¡r( F:ECOF:DEF:",; OFFICE c,F:ŒCJF:',' J :"t,,-1IlH CCiUtoJT'(' RECCiRDEF: FEE'" IJOO CiC N,"'. F'i'fl E ':; 5 ) ) ) ) ) ~ 10411 ) ) FOR THE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEl'i SPACE/SLOPE & HABITAT PRESERVATION EASEMENT When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 IIMII~lllllllllml ~WO4-0729561 Assessor's Parcel No.: 262-160-25 Project No.: 03-099 CDP Robert Lux, hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, 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 "BOO 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 all native vegetation depicted on Exhibit "BOO. 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 by the approved permit number 03-099 CDP, and the adopted Notice of Decision PBD-2003-073 issued by the Planning and Building Director on September 8, 2003, or as said approval 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, landscaping or brush removal be performed, other than such buildings, structures, grading, landscaping or other things as is permitted by the approved permit number 03-099 CDP, and the P B DI csm/ g: co y: 03 099yegosesmt. COy (B) (C) (D) 8 8 10412 adopted Notice of Decision PBD-2003-073 issued by the Planning and Building Director on September 8, 2003, or as said approval may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. That, except for those portions authorized for development by the approval of permit number 03-099 CDP, it shall not use the subject land for any purpose except as open space to permanently maintain the native vegetation, 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. 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 the approval of permit number 03-099 CDP. 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. Date: This easement shall bind the owner and its successors and assigns. ;#~1/ C?A/ ~Irß Grantor: Signature of Grantors shall be notarized. The appropriate acknowledgements shall be attached. I certify on behalf of the Planning and Building Director of the City of Encinitas, pursuant to authority conferred by the Notice of Decision adopted by the Planning and Building Director on September 8, 2003, that the City of Encinitas consents to the making of the foregoing Grant of Open Space Easement and consents to recordation thereof by its duly authorized officer. Date: ,--=:J~ -¿ -¿, ( '2 ovy By: ~( cJ~ Bill Weedman City Planner City of Encinitas (Notarization not required) P BDI csm/ g: COy: 03 099yegosesmt. co y 2 8 ALL-PURPOSE ACKNOWLEDGMENT 8 10413 County of San Diego }ss State of California On~1 ":h ~ \ ?-./(k:K before me, (DATE) personall y appeared <A-r\c)'C:": ,Ç>~ A L, \7- Koren Moriarty (NCITARY) SIGNER(S) 0 personally known to me - OR - Lsrproved to me on the basis of satisfactory 1\ evidence to be the person,W whose namw) is/are.-subscribed to the within instrument and acknowledged to me that he~ey executed the same in his/her/their authorized capacity(w.s), and that by his/her/their signature$) on the instrument the personW, or the entity upon behalf of which the personJs) acted, executed the instrument. 1- 1 r --""¡~ÔÃËNM-oR'lÃR1Y I ~... COMM. #1364991 0 Õ, NOTARY PUBLIC-CALIFORNIA ~. en.. SAN DIEGO COUNTY .. U, My Commission E.XPlres J I ' JULY 15, 2006 Jll ---- --- IT , WITNESS my hand and official seal. ~"v 'b'~ N~TARY'S E OPTIONAL INFORMATION The information below is not required by law. Howeve", it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) 0 INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 0 0 NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER ~ '" .c: ë .~ "' E " £ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) RIGHT THUMBPRINT OF SIGNER õ ;§ APA 5199 VALLEY-SIERRA. 800-362-3369 8 8 10414 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT (NATIVE VEGETATION) THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE- QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED IN DEED TO ROBERT A. LUX PER DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21,1996 AS DOC # 1996-0257747 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LUX LAND; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 00°48'0'1" WEST (RECORD SOUTH 00°45'27" WEST), 167.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 43°23'18" EAST, 10.09 FEET TO THE BEGINNING OF A NON-TANGENT 16.52 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 49°22'56" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 15.51 FEET THROUGH CENTRAL ANGLE OF 53°47'24"; THENCE SOUTH 38°47'15" EAST, 17.84 FEET; THENCE SOUTH 56°25'00" EAST, 10.00 FEET; THENCE SOUTH 38°32'01" EAST, 17.61 FEET; THENCE SOUTH 33°16'08" EAST, 19.69 FEET; THENCE SOUTH 47"31'31" EAST, 25.05 FEET TO THE BEGINNING OF A NON-TANGENT 26.49 FOOT RADIUS CURVE CONCAVE WESTERLY A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39°16'01" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 27.05 FEET THROUGH CENTRAL ANGLE OF 58°30'07"; THENCE SOUTH 22°09'41" EAST, 23.05 FEET; THENCE SOUTH 14°31'36" EAST, 31.14 FEET; THENCE SOUTH 29°12'02" EAST, 39.30 FEET TO THE EASTERLY LINE OF SAID LUX LAND; THENCE ALONG SAID LINE SOUTH 00°48'01" WEST (RECORD SOUTH 00°45'27" WEST), 59.10 FEET TO THE SOUTHEASTERLY CORNER OF SAID LUX LAND; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89°22'57" WEST (RECORD NORTH 89°24'55" WEST), 127.92 FEET TO THE SOUTHWESTERLY CORNER OF SAID LUX LAND; THENCE ALONG THE WESTERLY LINE THEREOF t'JORTH 00°48'01" EAST, 221.20 FEET TO THE TRUE POINT OF BEGINNING. AUGUST 7,2003 T:\4900Sury\LEGALS\4900 OPENSP ACE. DOC .. EXHIB IT " B " OPEN SPACE EASEMENT PLAT (NATIVE VEGETATION) . 10415 S89'22'57"E 127.92' _»__m POB LINE TABLE LINE LENGTH BEARING 11 10.09 N43'23'18"E L2 17.84 S38'47'15"E L3 10.00 S56'25'OO"E L4 17.61 S38'32'01 "E L5 19.69 S33'16'08"E L6 25.05 S47"31'31 "E L7 23.05 S22'09'41"E L8 31.14 S14'31 '36"E L9 39.30 S29'12'02"E LO (j) I"- (!) ~ A.P.N. 262-160-25 CURVE TABLE CURVE DELTA LENGTH RADIUS C1 53" 47'24" 15.51 16.52 C2 58' 30'07" 27.05 26.49 I 100 <:t C'J I ~ 0 (!) ~ ~ ? I 00 C'J :t (!) 0 C'J 0 Z Z 0., ~ . ~ ~. (!) OLOC'J I') ~ I I')oio 00 (!) I') ~ J:~ . (!) ?C'J ~ ~ b 0., 0 ~ U1 EXISTING 20' PRIVATE ROAD EASEMENT PER DOC'S. REC'D 8/29/60 AS F /P NO. ~ 175486 AND 2/16/66 AS F/P NO. 27428 ì'1ííII SCALE: 1" = 50' ~ I 0 50 --:t ~_m N89'22'57"W 127.92' T SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVL ENGINEERING. PLANNING LAND SURVEYING U:\ldo. to. \surveys\4900Surv\dwg \4900_0PENSPACE,dwg ~ ~ AREA OF OPEN SPACE 8/4/2003 SDE 4900