2004-895783
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DOC # ~OO4-08g5783
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(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
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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
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(3)
(C)
(D)
(E)
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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
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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---
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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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of
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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
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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
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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
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