2004-729561
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Recording Requested By:
City of Encinitas
AUG 03, 2004 8:40 AM
OFFICIAL RE[CiF;D~,;
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~ 10411
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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.
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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
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
RIGHT THUMBPRINT
OF
SIGNER
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APA 5199
VALLEY-SIERRA. 800-362-3369
8
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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
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EXHIB IT " B "
OPEN SPACE EASEMENT PLAT
(NATIVE VEGETATION)
. 10415
S89'22'57"E 127.92'
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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
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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
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EXISTING 20' PRIVATE ROAD EASEMENT
PER DOC'S. REC'D 8/29/60 AS F /P NO.
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27428
ì'1ííII SCALE: 1" = 50'
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N89'22'57"W 127.92'
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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
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~ AREA OF OPEN SPACE
8/4/2003
SDE 4900