2004-806500
Recordiïlg Requested By and)
When Pl:corded Mail To: )
)
)
)
City Clerk )
City of Encinitas )
~i\f 505 S. Vulcan Avenue)
Cb~ Encinitas, CA 92024 )
~\ ~O;XHE BENEFIT OF THE CITY)
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Assessor's Parcel
No. 259-130-73
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AUG 24, 2004
4:48 PM
CiFFICI.6.L FiECOFiD~;
':.,t.,tJ DIEC.ìO COUt'H'r' F:ECOF:DEFi"; OFFICE
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SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Case No. 02-125 DR/MIN/CDP
Tom Staver and Cathy Staver ("GRANTOR" hereinafter), do hereby grant, convey and dedicate an open space
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 described and shown on Exhibits "B" attached hereto, hereinafter referred to as the subject land, to
wit:
(1)
(2)
(3)
GRANTOR conveys a perpetual easement for open space over, upon, across and under the subject
land consisting of all steep slopes not disturbed or restored by the grading as shown on the approved
project drawings for Case No. 02-125 DR/MIN/CDP. 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. 02-125 DR/MIN/CDP, as said permit was issued by
Resolution No. PC 2004-34 of the Planning Commission on August 5, 2004 or as said permit may be
hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas.
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.
. .
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. 02-125 DR/MIN/CDP, as said permit was issued by
Resolution No. PC 2004-34 of the Planning Commission on August 5, 2004, or as said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas.
CD/RS/g:\Covenant\O2-125drmincdp.osesmt
(B)
(C)
(D)
8
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,
That, except for those portions authorized by Case No. 02-125 DR/MIN/CDP for grading and
landscaping, it shall not use the subject land for any purpose except as open space to
permanently maintain the steep slopes.
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. 02-125 DR/MIN/CDP, as said permit was issued by
Resolution No. PC 2004-34 of the Planning Commission on August 5, 2004 or as said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas.
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.
Special Condition SCC of Resolution No. PC 2004-34 requires that, all slopes over 25 percent grade which
remain undisturbed or which are restored or enhanced as a result of a development approval, shall be
preserved within a steep slope preservation open space easement that will preclude any future development
or grading of such slopes. The steep slope preservation open space easement shall be recorded prior to
issuance of the grading plan.
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
Dated
? /Z¿1 L °7
¡k~y
~[~
by
by
,,------,--
(Notarizations of GRANTORS' signatures are attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning Commissi'on of the City of Encinitas, pursuant to authority conferred by
Resolution No. PC 2004-34 of said Commission adopted on August 5, 2004, that the City of Encinitas consents
to the making of the foregoing Grant of Steep Slope Preservatio Open Space Easement and consents to
recordation thereof by its duly authorized officer.
Dated
by
Murphy
d Building Department
(Notarization not required)
CD/RS/g:\Covenant\O2-125drmincdp.osesmt
2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
w: ~.m:~ ~~~~ ~ ~~ ~ ""~ ~~~ ~ .çf:~,ß<>ç'S'.q> .&~
I State of ca:;rnia fu ' } 55, I,'
~ County of ~v r ~
~ /) ¿ , ?¡ 11 J.. ^ AI J ~ 1 I J ,p( ) LJ ~
~ on~g. c:!/I~'-1, before me,1/jj{)1a{}and~(f-fi!!¿~!£/¿~~~,) vfJt-ç ~
~ personally appeared IOß1 a/Vid (!ItTfI¿Z c..~ UPR ?;
~ 0 pe~::~S~;lf:':~r;~n to me ~
~ M,roved to me on the basis of satisfactory ~
~.~¡ evidence ~
~ i>
~.i to be the person(s) whose name(s) i~ ~
;,,:. RANDA G. MIWOUR subscribed to the within inst nt and X"~':~"II
: ¡ . C8I8IsIlon '13119205 i acknowledged to me that he hey ecuted ~
~ t ~= ='C:-I the same in his/h r/their author" ~
~ l~~...~;,~~:,!.,2~!J capacity(ies), and that y his/h r/their ~
~.' signature(s) on the instrument the person(s), or ~..:I
('j the entity upon behalf of which the person(s) i?i
I acted, executed the instrument I
~ @
I ,,= '""" ",""'~ 'rJ.t1...c I
~ ~
~i'..',:. Though the information below is not required b~:'w~~~:::;e valuable to persons relying on the document ~I...'.I:
~ 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:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
@ 1997 National Notary Association' 9350 De Soto Ave" P,O, Box 2402' Chatsworth, CA 91313-2402
Prod, No. 5907
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Reorder: Call Toil-Free 1-800-876-6827
Signer Is Representing:
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EXIllBIT "An
THAT PORTION OF TIlE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NOKr~WEST QUARTER AND THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN TIIE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS~ .
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID NORTH HALF OF THE
NORTHEAST QUARTER OF' THE NORTHWEST QUARTER OF THE NORTIlWEST QUARTER.
DISTANT THEREON, 74.00 FEET NORTHERLY FROM THE SOUTHEASTERLY CORNER
THEREOF; THENCE SOUTIl75°39' 16" WEST 201.60 FEET (pER RECÖRD OF SURVEY MAP NO.
8599, FILED IN THE OFFICE OF THE COUNTY RECORDER OF . SAN DIEGO COUNTY,
NOVEMBER 26, 1980 AS FILE NO. 80-401117 OF OFFICIAL RECORDS) TO THE NORTHEAST
CORNER OF LAND CONVEYED TO LAWRENCE E. SULLIVAN AND DOLORES A. SULLIVAN
BY DEED RECORDED NOVEMBER 28, 1969 AS FILE NO. 211113 OF OFFICIAL RECORDS;
THENCE NORm OÐo44'I~" EAST ALONG THE PROLONGATION OF THE EASTERLY LINE OF
SAID SULLIVAN'S LAND, A DfSTANCE OF 8.21 FEET; TIIENCE soum 75°37'36" WEST 118.08
FEET; THENCE SOUTH 00°44'15" WEST 0.75 FEET TO THE SOUTHERLY LINE OF SAID
NORm HALF- OF .THE NORTHEAST QUARTER OF THE NORTIIWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE NORTH 89°34'57" WEST ALONG SAID SOUTHERLY LINE .
11.74 FEET; THENCE NORm 00°46'20" EAST PARALLEL WIlH THE EASTERLY LINE OF
SAID NORTH;EAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTIIWEST
QUARTER. A DISTANCE OF 58.00 FEET; THENCE PARALLEL wrœ SAID SOUTHERLY LINE
SOUTH 8~34'57" EAST 40.00 FEET TO THE EAST LINE OF THE WEST 376.96 FEET OF SAID
NORm HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF 1HE
NORmwEST QUARTER; THENCE NORTH 00°46'20" EAST PARALLEL WIlli SAID
EASTERLY LINE 266.06 FEET TO A POINT ON TIlE NORm LINE OF SAID NORTH HALF OF
TIlE. NORTHEAST QUARTER OF TIlE NORTHWEST. QUARTER OF THE NORTIIWEST
QUARTER OF SAID SECTION, DISTANT THEREON, 316.96 FEET EASTERLY OF TIlE
NORTIlWEST CORNER THEREOF; THENCE SOUTII 8~34' 11" EAST 280.04 FEET ALONG SAID
NORTHERLY LINE TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTIlWEST QUARTER; THENCE CONTINUING SOUTII 8~34'11" EAST 26.00 FEET TO TIlE
WESTERLY LINE OF COUN1Y OF SAN DIEGO TRACT NO. 3474-3, ACCORDING TO MAP
THEREOF NO. 10140 FILED IN THE ÒFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; JULY 8, 1981; THENCE SOUTH 00°42'08" WEST (Soum. 00°34'39" WEST) 250.11
FEET ALONG SAID WESTERLY LINE TO AN INTERSECTION WIlli A LINE 1HA T BEARS
soum 89°17'52" WEST (MEASURED AT RIGHT ANGLES) FROM THE POINT OF BEGINN1NG;
THENCE NORm 89°11'52" WEST ALONG SAID LINE 26.00 FEET TO THE POINT OF
BEGINNING. .
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EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER, BEING MORE
PAR TICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 90 OF MAP NO. 13499,
RECORDED ON NOVEMBER 12, 1997; THENCE ALONG THE SOUTHERLY LINE
OF SAID LOT 90, NORTH 88°59'14" WEST, 264.26 FEET; THENCE LEAVING
SAID SOUTHERLY LINE, SOUTH 00°46'20" WEST, 53.69 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 42°32'42" EAST, 27.21 FEET; THENCE
NORTH 81°55'50" EAST, 17.96 FEET; THENCE SOUTH 69°24'12" EAST, 11.30
FEET; THENCE NORTH 89°42'05" EAST, 10.51 FEET; THENCE NORTH 67°15'13"
EAST, 15.10 FEET; THENCE NORTH 32°35'54" EAST, 9.62 FEET; THENCE
SOUTH 72°08'25" EAST, 29.28 FEET; THENCE SOUTH 63°48'58" EAST, 14.66
FEET; THENCE SOUTH 49°38'33" EAST, 15.68 FEET; THENCE SOUTH 12°26'53"
WEST, 10.67 FEET; THENCE SOUTH 49°23'23" WEST, 12.74 FEET; THENCE
SOUTH 72°40'08" WEST, 9.44 FEET; THENCE SOUTH 29°43'56" WEST, 12.99
FEET; THENCE SOUTH 89°55'04" WEST, 12.68 FEET; THENCE SOUTH 64°37'37"
WEST, 18.86 FEET; THENCE SOUTH 27°09'20" EAST, 10.60 FEET; THENCE
SOUTH 88°24'53" EAST, 9.92 FEET; THENCE NORTH 66°48'05" EAST, 10,89
FEET; THENCE SOUTH 30°19'25" EAST, 17.56 FEET; THENCE SOUTH 24°36'15"
WEST, 53.18 FEET; THENCE SOUTH 50°25'10" WEST, 17.39 FEET; THENCE
SOUTH 24°42'12" EAST, 15.45 FEET; THENCE NORTH 83°43'47" EAST, 16.21
FEET; THENCE SOUTH 05°56'04" EAST, 21.54 FEET; THENCE SOUTH 61°04'22"
WEST, 22.23 FEET; THENCE NORTH 88°34'40" WEST, 26.67 FEET; THENCE
SOUTH 19°00'09" EAST, 20.69 FEET; THENCE NORTH 88°34'42" EAST, 23.87
FEET; THENCE SOUTH 79°55'14" WEST, 36.41 FEET; THENCE SOUTH 82°06'15"
WEST, 30.61 FEET; THENCE SOUTH 68°18'02" WEST, 17.83 FEET; THENCE
NORTH 00°46'20" EAST, 12.21 FEET; THENCE NORTH 82°48'36" EAST, 29.42
FEET; THENCE NORTH 38°47'48" EAST, 16.30 FEET; THENCE SOUTH 70°38'57"
WEST, 22.18 FEET; THENCE
SHEET 1 OF 4
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NORTH 18°13'02" EAST, 10.36 FEET; THENCE NORTH 54°09'48" EAST, 30.80
FEET; THENCE SOUTH 87°39'46" EAST, 37.17 FEET; THENCE NORTH 04°44'32"
WEST, 7.36 FEET; THENCE SOUTH 89°37'46" WEST, 20.99 FEET; THENCE
NORTH 18°01'10" WEST, 10,83 FEET; THENCE SOUTH 86°48'13" WEST, 9.49
FEET; THENCE SOUTH 35°28' 12" WEST, 6,28 FEET; THENCE SOUTH 60°02'07"
WEST, 28.93 FEET; THENCE SOUTH 24°40'37" WEST, 5.21 FEET; THENCE
SOUTH 77°52'44" WEST, 4.87 FEET; THENCE NORTH 73°16'21" WEST, 9.33
FEET; THENCE SOUTH 73°33'10" WEST, 4.63 FEET; THENCE NORTH 00°46'20"
EAST, 36.92 FEET; THENCE NORTH 49°35'56" EAST, 22.35 FEET; THENCE
SOUTH 46°29'37" EAST, 12.53 FEET; THENCE NORTH 70°17'31" EAST, 8.18
FEET; THENCE NORTH 21°48'05" EAST, 15.47 FEET; THENCE NORTH 77°51 '21"
WEST, 18.57 FEET; THENCE NORTH 45°24'06" WEST, 9.28 FEET; THENCE
NORTH 82°22'11" WEST, 7.86 FEET; THENCE NORTH 07°26'37" EAST, 31.81
FEET; THENCE NORTH 00°50'47" WEST, 17.59 FEET; THENCE NORTH 89°56'56"
WEST, 9.73 FEET; THENCE NORTH 00°46'20" EAST, 72,81 FEET TO THE TRUE
POINT OF BEGINNING
CONTAINS 16968 SQUARE FEET MORE OR LESS.
~~c~ LS5211
PASCO ENGINEERING, lNe.
SHEET 2 OF 4
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SHEET 3 OF 4
OPEN SPACE
lNO lCA TES AREA =
EASEMENS1uARE FEET
16,968
, '
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EXHIBIT" B "
SHEET 4 OF 4
LINE BEARING DISTANCE
L1 N67 °15 '13"E 15.10'
L2 N29 °43 '56 "E 12.99'
L3 589 °55 '04 "W 12.68'
L4 564 °37 '37"W 18.86 '
L5 527 °09 '20 "£ 10.60'
L6 588 °24 '53 "E 9.92'
L7 N66 °48 '05"£ 10.89 '
L8 519 °00 '09 "E 20.69'
L9 588 °34 '52"W 23.87'
L10 NOO °46 '20 "£ 12.21'
L11 582 °48 '36"W 29.42'
L12 N38 °47 '48 "£ 16.30'
L13 570 °38 '57"W 22.18'
L14 518 °13 'O2"W 10.36'
L15 554 °09 '48 "W 30.80 '
L16 587 °39 '46 "E 37.17'
L17 N04 °44 '32"W 7.36'
L18 589 °37 '46"W 20.99'
L19 N18 °01 '10 "W 10.83 '
L20 S86 °48 '13 "W 9.49'
L21 535 °28 '12"W 6.28'
L22 560 °02 '07 "W 28.93'
L23 N24 °40 '37 "E 5.21'
L24 N77 °52 '44 "£ 4.87'
L25 N73 °16 '21"W 9.33'
L26 N73 °33 '10"£ 4.63'
L27 549 °35 '56 "W 22.35'
L28 N46 °29 '37"W 12.53 '
L29 N70017'31"E 8.18'
L30 545 °24 '06 "E 9.28'
L31 582 °22 '11 "E 7.86'
L32 589 °56 '56 ~ 9.73'
Ii PASCO ENG ItEER ING
(858) 259-8212
535 N. HWY 101. STE. A
SOLANA BEACH. CA 92075
PE 1O930se