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FOR THE BENEFIT OF THE CITY)
) SPACE ABOVE FOR RECORPER'S USE ONLY
Recording requested by:
NOV 23,2004 4:19 PM
OFFICI.ò,L F:ECOF:DS
SNJ DIEGO courony RE[lJRDEF:'~; OFFICE
I::iREClORY J SMITH. COUNTY RECORDER
FEES: 000
OC N,ò,
P,ò,GES 11
City of Encinitas
When recorded mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111111
GRANT OF OPEN SPACE/HABITAT PRESERVATION and STEEP SLOPE EASEMENT
Assessor's Parcel
No. 259-130-37
Project No.:PC 00-072
W. O. No.7003-G
Kurt 1. Lievers and Elizabeth Lievers husband and wife as joint tennants
hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF
ENCINITAS, State of California, hereinafter called GRANTEE,
(A)
A perpetual easement for OPEN SPACE purposes over, upon, across and under the
Subject Land, as described in Exhibit "A" attached hereto, and no building, structure or
other thing whatsoever shall be constructed, erected, placed or maintained on the
Subject Land except as exists.
(B)
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
placement of sand, soil, rock or gravel or any other material done or placed on the
Subject Land contrary to any term, covenant or conditions of this easement.
GRANTOR covenants and agrees for himself and his successors and assigns as follows:
(A)
That he 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 other than such buildings, structures and other things as may be permitted
pursuant to the zoning ordinance of the City of Encinitas.
(B)
That he shall not use the Subject Land for any purpose except as OPEN SPACE
purposes.
(C)
That he 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 or its successors or assigns:
provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or
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cov3908
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other material on the Subject Land as may be permitted by special use permit issued
pursuant to the zoning ordinance of the City of Encinitas.
(D)
That this Open Space Easement shall preclude vegetation removal or additions with the
following exceptions: brush clearing for fire protection purposes shall be permitted upon
written order by the appropriate fire fighting or fire protection agencies, and the removal
of hazardous substances or conditions or diseased plants or trees.
(E)
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.
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 uses to which the
Subject Land may be put.
Dated this ~
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day of
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This easement shall bind the Grantor an
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Date
Date
Grantor
Signature of Grantor's to be notarized.
Attach the appropriate acknowledgements.
cov3908
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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personally appeared /\ Vff!. a U/2f16éTH /Jt (j£K.5 ~,.:,'
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to be the person(s) whose name(s) istã@)
subscribed to the within instrument and
acknowledged to me that he/~xecuted
the same in his/he~uthorized
capacity(ies), and that by his/he~
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and offici?1 seal.
1?~~.~~
. 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 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 - [] Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
.
Top of thumb here
Signer Is Representing:
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LEGAL DESCRIPTION
Open Space Easement - Steep Slopes
Over
APN 259-130-37 - Kurt & Elizabeth Lievers
That portion of the NorthWest Quarter of the NorthWest Quarter of the NorthWest
Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Base and
Meridian according to United States Government Survey approved April 19, 1881, in the
City of Encinitas, County of San Diego, State of California, shown as the property owned
by Troy Lock and Ann Lock on Record of Survey Map No. 17019 recorded 06/08/2001,
described as follows:
PARCEL 1
Commencing at the most Northerly Northwest corner of said Lock land; thence South
88°59'33" East 5.00 feet along the Northerly line of said Lock land to the True Point of
Beginning; thence continuing South 88°59'33" East along said Northerly line 78.05 feet;
thence South 22°03'14" East 76.80 feet; thence South 47°35'36" West 34.37 feet to the
beginning of a tangent 20.00 foot radius curve, concave Easterly, to which a radial line
bears North 42°24'04" West; thence 19.84 feet Southwesterly and Southerly along the
arc of said curve through a central angle of 56°50'24" to a point on the arc of said curve
to which a radial line bears South 80°45'32" West; thence tangent to said curve South
9°14'28" East 20.88 feet to a point on the arc of a non-tangent 163.00 foot radius curve,
concave Southeasterly to which a radial line bears North 74°50'09" West; thence 10.01
feet Southerly along the arc of said curve through a central angle of 3°31'10" to a point
on the arc of said curve to which a radial line bears North 78°21'20" West, said point
being also a point of tangency with a 37.00 foot radius curve, concave Northwesterly;
thence 50.87 feet Southwesterly along the arc of said curve through a central angle of
78°46'46" to a point on the arc of said curve to which a radial line bears South 0°25'26"
West; thence North 73°05'42" West 24.02 feet; thence North 12°01'07" West 47.85 feet;
thence North 3°11'28" West 119.10 feet to the True Point of Beginning. .
Page 1 of 2
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PARCEL 2
Commencing at the Southeasterly corner of said Lock land; thence North 89°34'34"
West along the Southerly boundary of said Lock land 149.92 feet to a point on the arc of
a non-tangent 63.00 foot radius curve, concave Northwesterly, to which a radial line
bears South 37°02'53" East, said point being also the True Point of Beginning; thence
45.42 feet Northeasterly along the arc of said curve through a central angle of 41 °18'27"
to a point of tangency with a 137.00 foot radius curve, concave Southeasterly, to which
a radial line bears North 78°21'20" West; thence 108.31 feet Northeasterly along the arc
of said curve through a central angle of 45°17'45" to a point on the arc of said curve to
which a radial line bears North 32°59'01" West; thence South 14°51'20" West 52.79
feet; thence South 8°28'50" East 75.13 feet to a point on the Southerly line of said Lock
land; thence North 89°34'34" West along said Southerly line 79.92 feet to the True Point
of Beginning.
PARCEL 3
Commencing at the Southeasterly corner of said Lock land; thence North 89°34'34"
West along the Southerly boundary of said Lock land 45.00 feet the True Point of
Beginning; thence North 50°31'11" East 59.23 feet to a point on the Easterly boundary
of said Lock land; thence South 1°05'03" West 38.00 feet along said Easterly boundary
to the True Point of Beginning.
This legal description was prepared by Brian Donald, RCE 26175 as an Exhibit to an Open Space
Easement Document prepared by the City of Encinitas.
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License Expires 3/31/CjlO(¿,
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Page 2 of 2
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LEGAL DESCRIPTION
Open Space Easement - Biological
Over
APN 259-130-37 - Kurt & Elizabeth Lievers
That portion of the NorthWest Quarter of the NorthWest Quarter of the NorthWest
Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Base and
Meridian according to United States Government Survey approved April 19, 1881, in the
City of Encinitas, County of San Diego, State of California, shown as the property owned
by Troy Lock and Ann Lock on Record of Survey Map No. 17019 recorded 06/08/2001,
described as follows:
PARCEL 1
Commencing at the most Northerly Northwest corner of said Lock land; thence South
88°59'33" East 5.00 feet along the Northerly line of said Lock land to the True Point of
Beginning; thence continuing South 88°59'33" East along said Northerly line 62.94 feet;
thence South 1°00'43" East 40.74 feet to the beginning of a tangent 40.00 foot radius
curve to which a radial line bears North 88°59'17" West; thence 30.31 feet Southerly
and Southeasterly along the arc of said curve through a central angle of 43°24'47" to a
point on the arc of said curve to which a radial line bears South 47°35'56" West; thence
tangent to said curve South 42°24'04" East 25.31 feet; thence South 47°35'56" West
11.15 feet to the beginning of a tangent 20.00 foot radius curve, concave Easterly, to
which a radial line bears North 42°24'04" West; thence 19.84 feet Southwesterly and
Southerly along the arc of said curve through a central angle of 56°50'24" to a point on
the arc of said curve to which a radial line bears South 80°45'32" West; thence tangent
to said curve South 9°14'28" East 20.88 feet to a point on the arc of a non-tangent
163.00 foot radius curve, concave Southeasterly to which a radial line bears North
74°50'09" West; thence 10.01 feet Southerly along the arc of said curve through a
central angle of 3°31'10" to a point on the arc of said curve to which a radial line bears
North 78°21'20" West, said point being also a point of tangency with a 37.00 foot radius
curve, concave Northwesterly; thence 50.87 feet Southwesterly along the arc of said
curve through a central angle of 78°46'46" to a point on the arc of said curve to which a
radial line bears South 0°25'26" West; thence North 73°05'42" West 24.02 feet; thence
North 12°01'07" West 47.85 feet; thence North 3°11'28" West 119.10 feet to the True
Point of Beginning.
Page 10f2
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PARCEL 2
Commencing at the Southeasterly corner of said Lock land; thence North 89°34'34"
West along the Southerly boundary of said Lock land 149.92 feet to a point on the arc of
a non-tangent 63.00 foot radius curve, concave Northwesterly, to which a radial line
bears South 37°02'53" East, said point being also the True Point of Beginning; thence
45.42 feet Northeasterly along the arc of said curve through a central angle of 41 °18'27"
to a point of tangency with a 137.00 foot radius curve, concave Southeasterly, to which
a radial line bears North 78°21'20" West; thence 68.56 feet Northeasterly along the arc
of said curve through a central angle of 28°40'30" to a point on the arc of said curve to
which a radial line bears North 49°40'50" West; thence South 0°25'26" West 98.95 feet
to a point on the Southerly line of said Lock land; thence North 89°34'34" West along
said Southerly line 51.92 feet to the True Point of Beginning.
PARCEL 3
Commencing at the Southeasterly corner of said Lock land; thence North 89°34'34"
West along the Southerly boundary of said Lock land 45.00 feet the True Point of
Beginning; thence North 50°31'11" East 59.23 feet to a point on the Easterly boundary
of said Lock land; thence South 1°05'03" West 38.00 feet along said Easterly boundary
to the True Point of Beginning.
This legal description was prepared by Brian Donald, RCE 26175 as an Exhibit to an Open Space
Easement Document prepared by the City of Encinitas.
<&.T1rP ~
License Expires 3/31/02
Page 2 of2
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EXHIBIT JAil
SCALE: 1. = 100'
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100 150 200
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I N'IyUNEOFSECrION 14 PER Map No. -j3499
I ReS 12444, MAP 13499 AND OTHERS
- I SEE SHEET 3 FOR BIOLOGICAL OPEN SPACE AREA £,
t:'-l ~I ..-1 - r i=, LlEVERS
iX) :!;I ROt:> ]2444 ~ APN259-1:30-:37 1.45AcrB5 , I
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:::: I EXI5T1NG 24' ROAD &. U11UTY EASEMENT I
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: ' ADS 11782, ADS 12444 AND O11tERS ~
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PREPARED BY:
CITY OF ENCINITAS COP 00-072
SHEET 1 OF 3 SHEETS
OPEN SPACE EASEMENT PLAT
UEVERS RESIDENCE
PRINCEHOUSE LANE, ENONITAS, CAUFORNIA
I Stale: 1"=100' IIŒ5OUR~l)~~~~~TlON I Drawn By: Ix! I
I Date: 9/23/04 I ~~10 ~~1~' c;:œ~ fÄ~:æ I JNO+OO3B I
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8 EXHIBIT nAn 8
SCALE: 1" = 50'
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0 25 50 75 loo
"J37$
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N88°59'33"W 1317.27
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- - - - - - ~34'34"W ~5.99' - - - - - - - - - J~~
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INDICATES OPEN SPACE EASEMENT FOR STEEP SLOPES
GRANTED TO THE CITY OF ENONITAS
PREPARED BY:
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OPEN SPACE CURVE DATA
No. D8.TA R.6DIUS I.BGH
<D 41°18'27" 63.00' 45.42'
CD 450 17' 45" 137.00' 108.31'
G) 56°SO'24" 20.00' 19.84'
(1) 3" 31'10" 163.00' 10.01'
Œ> ~ 46 '46" 37.00' SO.87'
@ 43° 24'47" 40.00' 30.31'
(j) :zso 40 '30" 137.00' 68.56'
CITY OF ENONITAS COP 00-072
I
OPEN SPACE EASEMENT. STEEP SLOPES
UEVERS RESIDENCE
PRINCEHOUSE LANE, ENCINITAS, CAUFORNIA
I Sœk!: 1"=100' I WOUR~I )=~~~~JU,TlON Drawn By: lid I
Date" /04 I 2410 Stromberg artie, Carisbad, CA 92008 I
.9,23 Tel 60 942-1106 Fax 60 730-3059 JN04-0038
SHEET 2 OF 3 SHEETS
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8 EXHIBIT JAil
SCALE: 111 = 50'
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0 25 50 75 100
ì37.2'i
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N88°59'33"W 1317.27'
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INDICATES OPEN SPACE EASEMENT FOR nrl ¡.r SI rlÞt!S
GRANTED TO THE CITY OF ENONITAS
OPEN5PACECURVEDATA
No. DELTA RADIUS LENGTH
CD 41°18'27" 63.00' 45.42'
<V 45° 17' 45" 137.00' 108.31'
<D 56°50'24" 20.00' 19.84'
(1) 3° 31'10" 163.00' 10.01'
@ 78° 46 '46" 37.00' SO.87'
@ 43° 24'47" 40.00' 3031'
ð) 28" 40 '3D. 137.00' 68.56'
PREPARED BY:
2410 S1romberg Crde, Car1sbad,
Tel: (760) 942-1106 ~
EMail:
QTY OF ENONITAS COP 00-072
SHEET 3 OF 3 SHEETS
OPEN SPACE EASEMENT. BIOLOGICAL
LOCK RESIDENCE
PRINCEHOUSE LANE, ENONITAS, OOFORNIA
I Scale: 1"=100' IIŒ5OUR~IP~~=~RATION Drilwn By: lid I
Date: 9/23/04 I ~:~07~~1~rde, ~:œc::o CA~~:S9 I JND+œ3B I
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I CERTIFY ON BEHALF OF THE City Council of the City of Encinitas, pursuant to
authority conferred by Resolution of said Council, adopted on November 9, 1994, that the
City of Encinitas consents to the making of the foregoing Grant of Open Space/Habitat
Preservation and Steep Slope Easement, accepts the easement granted thereon, and
consents to the recordation thereof by its duly authorized officer.
DATE
II I / :¡- k'.L'
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BY:
fJt ClL (? f
Peter Cota-Robles - ~
Director of Engineering Services