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2004-895783 " 8 DOC # ~OO4-08g5783 111111111111111/111111111/111111 1111111111111111/1/111111 11/1111111111 (u loF r: 'I \' 'J ) ) ) ) ) ) ) ) ) (FOR THE BENEFIT OF THE CITY) Recording Requested By: City of Encinitas SEP 21 , 2004 3:42 PM OFFICIAL RE[:[IRDS SÞJJ DIEGO [:[IUNN RE[:[IRDER'S OFFICE GREGOR'!' J. SMITH, [:[IUIHY RE[:[IRDER FEES 0.00 OC NA P,c..GES 6 When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 I~~II~~~~~~~~~II SPACE ABOVE FOR RECORDER'S USE '\ I "\ ¡ -:. fýYJ p~).rø -ø'f ~ Assessor's Parcel No.: 264-091-57 GRANT OF STEEP SLOPE AND BIOLOGICAL HABITAT PRESERVATION OPEN SPACE EASEMENT Project Nos.: 00-186 TM/MUP/DR/EIA Philip G. Decarion, Trustee of the Decarion Living Trust, hereinafter called GRANTOR, does hereby grant, convey and dedicate a steep slope and biological habitat preservation 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 "B" attached hereto, hereinafter referred to as the subject land, to wit: (1) Grantor conveys a perpetual steep slope and biological habitat preservation easement for open space over, upon, across and under the subject land consisting of all steep slopes not disturbed by the project grading and biological habitat as shown on the approved Tentative Map #00-186. 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 or required by Tentative Map, Major Use Permit, and Design Review Permit #00-186, as said permit was issued by Resolution of the Planning Commission on May 15, 2003, 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. Cd/mrh/ g :cov:oo 186TMMUPDRs)opeosesmtcov .1 (3) (C) (D) (E) 2 8 8 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 or required by Tentative Map, Major Use Permit, and Design Review Permit #00-186, as said permit was issued by Resolution of the Planning Commission on May 15, 2003, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. 8.) Pursuant to the Mitigation Monitoring and Reporting Program (MMRP) established by the Environmental Initial Assessment for the Tentative Map (Case No. 00-186 TM/MUP/DR) that created the subject subdivision, the following mitigation measure is required as specified by Special Condition #SCC of Resolution No. PC 2003-30: Prior to grading and building permit issuance, an open space easement over the existing steep slopes, as well as any steep slopes created through project grading, and the coastal sage scrub habitat shall be dedicated and recorded by the applicant to preserve the steep slopes and biological habitat in perpetuity with restrictions prohibiting removal of native vegetation, introduction of exotic plant species, livestock grazing, or erection of structures of any type to the satisfaction of the Planning and Building Department. That, except for those portions authorized by Tentative Map, Major Use Permit, and Design Review Permit #00-186, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and sensitive biological habitat 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 Tentative Map, Major Use Permit, and Design Review Permit #00-186, as said permit was issued by Resolution of the Planning Commission on May 15, 2003, 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. Cd/mrh/ g:cov:OO 186TMMUPDRslopeosesmtcov .' 8 8 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. Pursuant to Special Condition SCC of the Resolution for Approval of the Tentative Map, Major Use Permit, and Design Review Permit #00-186, the steep slope and biological habitat preservation open space easement required for this project shall be implemented during the planning and construction of the approved project. Special Condition SCC of Resolution No. PC 2003-30 requires that, prior to the granting of a grading permit for the project, the property owner shall execute and record, to the satisfaction of the Planning and Building Department and the Engineering Services Department, a document that places the existing steep slopes on the property not to be disturbed by the grading, as well as the sensitive biological habitat, into an open space easement. This easement shall bind the owner and its successors and assigns. Dali;: Ii ¡; 1'1.( '(l ?:~ -; C(j if G,anto,j}¡id, \? /j:) d.:(7 ("~, Á Y--- ! T ,u" J '1 ~ ~ Signature of Grantors shall be notarized. The appropriate acknowledgements shall be attached. I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred by Resolution of said Commission adopted on May 15,2003, that the City of Encinitas ~::lv till;; uldl;uõ ofi the foregoing Grant of Steep Slope and Biological Habitat Preservation ~M Space Easement and consents to recordation thereof by its duly authorized officer. Date: ~ t:t 'UÐ1 By: ~ ~ u1~~ Patrick Murphy Planning and Building Director City of Encinitas 3 Cd/mrh/ g:cov:OO 186TMMUPDRslopeosesmtcov -.. I' 8 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ~ , '0: - '0: ~"(X'.,(~<':~~~~~~~~~~~~~~-~ I I I I 'I State of California }~ County of I, I O"~ ';;)} 10 L( IDate personally appeared before me, ~ fl//J/.t hfh/h. Name and "fitle of Officer (e.g., "Jane Doe, Notary Public") " L t D personally known to me ~oved to me on the basis of satisfactory evidence to be the person~ whose nam~) iJare subscribed to the within ~'nstrument 1nd acknowledged to me that he/s /thPy executed the same in his/h~th 'r au~hori~ed capacity(i~), and that by his/~/t eir signature~ the instrument the persorXs), <l the entity upon behalf of which the persòn(~) acted, executed the instrument. . DAWN BURNHAM ~ ~ COMM...1411447 (1 u NOTARY PUSUC.cALIFORNIA -i m '. ORANGE COUNTY W L.::!!!I- My Term Exp. ~ 15, 2007 I WITNESS my hand and official seal. ~Ot l.LL GuL Signature of Notary Pubiic OPTIONAL 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 Title or Type of Docum:nt: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: . Top of thumb here Signer Is Representing: C 1999 National Notary Association' 9350 De Soto Ave., P,O, Box 2402' chetsworth, cA 91313-2402' www.nationainotary.org Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I I I I , ~ I I .' . 8 8 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 18461, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 2000 AS FILE NO. 2000-209873, SAID POINT BEING ON THE NORTHERLY LINE THE SOUTHERLY 624.00 FEET (MEASURED ALONG THE WESTERLY LINE) OF THE WESTERLY 838.00 FEET (MEASURED ALONG THE SOUTHERLY LINE) OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE, NORTH 84°05'09" WEST, 524.35 FEET TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID LINE NORTH 04°09'24" EAST, 227.40 FEET; THENCE LEAVING SAID LINE SOUTH 76°39'10" EAST, 160.13 FEET; THENCE SOUTH 57°20'23" EAST, 158.05 FEET; THENCE NORTH 78°19'20" EAST, 237.15 FEET TO THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 18461; THENCE ALONG LAST SAID LINE SOUTH 04°26'14" WEST, 207.20 FEET TO THE POINT OF BEGINNING. DECEMBER 2, 2003 T:\4545surv\LEGALS\4545 - OPENSP ACE.DOC / ~ ~ Q, ~ / ('i] 0) L¡j co ('í) 0 -1 v LLl r...: U C\J 0:::: C\J <C ::w Q, V .C\J (J) 0 ~ 0 Z 'Ì' / -1 LL1 < U / 0::::/ ;~ SCALE: I 0 ~ OPEN EXHIBIT "B" SPACE EASEMENT PLAT (\,1 -1 LL1 U 0:::: <C Q, PORTJON ROS 'J .4 0 3 9 ss.>. 1 <0' $& <.f" 'OS' ê N84.05'Og"W 524.35' 1" = 1 00' 100 I 200 SAN DEOOITO ENGIEERING. INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA 92024 PHONE: (760) 753-5525 CIVL ENGINEERING . PLANNING LAND SURVEYING V / / /' I INDICATES OPEN SPACE LL/ ¿.L] EASEMENT AREA U:\ldo. to. \surveys\4545surv\dwg \PLA TS\ 4545_0PENSPACE,dwg 12/2/2003 co 'Ì' -1 CO LL1 ~U 0:::: ~<C Q,Q, ------- POB SDE 4545