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2004-1168675 8 . 4786 DÇ8 # 2004-1168675 I 11/11111 III III/I JIIII 1/111 11111 11111 1111111111 111/111111 /11111111 /III DEC 13, 2004 8:49 AM Recording Requested By: City of Encinitas ) ) ) ) ~¡ /Jr ) ) (FOR THE BENEFIT OF THE CITY) OFFICIAL RECORDS ~AN DIEGO COUNTY RECORDER'S OFFICE LlREGORY J. SMITH. COUNTY RECORDER FEES 000 P.6.GES 7 When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 1/1111111111 OIl/II/II /011 0111 011111111 011/ Dill Dill 11111 1111/ Dill 1111101 2004-1168675 SPACE ABOVE FOR RECORDER'S USE L-jf'1 / 1/ q.()'? Av GRANT OF STEEP SLOPE AND RIPARIAN HABITAT/BUFFER PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel No.: 216-030-57 Project No.: 03-175 V fDR/CDP Grading Plan No.: 9094GR James Heiser, a single man, hereinafter called GRANTOR, does hereby grant, convey and dedicate a steep slope and riparian habitat/buffer 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 ATTACHMENT "A", LEGAL DESCRIPTION, ATTACHED HERETO AND AS SHOWN ON ATTACHMENT "B", PLAT, ATTACHED HERETO, HEREINAFTER REFERRED TO AS THE SUBJECT LAND, TO WIT: (1) Grantor conveys a perpetual steep slope and riparian habitat/buffer 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 riparian habitat and riparian buffer area as shown on the approved Design Review Permit Site Plan (Case #03-175 V /DR/CDP). 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 Variance, Design Review Permit, and Coastal Development Permit #03-175, as said permit was issued by Resolution of the Planning Commission on June 3, 2004, 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. Cdlmrhlg:cov:O3175VDRCDPosesmtcov - 2 (3) (C) (D) 8 8 4787 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 Variance, Design Review Permit, and Coastal Development Permit #03-175, as said permit was issued by Resolution of the Planning Commission on June 3, 2004, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Variance, Design Review Permit, and Coastal Development Permit #03-175, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slopes and sensitive riparian habitat and riparian buffer area 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 Variance, Design Review Permit, and Coastal Development Permit #03-175, as said permit was issued by Resolution of the Planning Commission on June 3, 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. Cd/mrh/g:cov:O3175VDRCDPosesmtcov 8 8 4788 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 (PC 2004-25) of the Variance, Design Review Permit, and Coastal Development Permit #03-175, the steep slope and riparian habitat/buffer 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 2004-25 requires that: Prior to issuance of building or grading permits for the project, a steep slope and biological habitat preservation open space easement shall be recorded by the owner over the entire area north of the inland bluff edge consisting of steep slopes and sensitive riparian habitat and lagoon to the satisfaction of the Planning and Building Department. With the exception of the drainage micro-boring, site drainage outlet dissipater construction, invasive plant species grubbing/eradication, and the northern 5 feet of the required 30-foot firelfuels modification zone extending past the inland bluff edge, no further grading, clearing, site-disturbance, landscaping, development or placement of structures shall be permitted within the open space area. This easement shall bind the owner and its successors and assigns. Date: 1.2 ! þ4/ ¡f I Grnnror: ç2- d Signature of Grantors s all 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 June 3, 2004, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope and Riparian Habitat/Buffer Preservation Open Space Easement and consents to recordation thereof by its duly authorized officer. Date: .£:è. ~ 71 2--t7t9r B; r:fl¡Jkr4av ¡;/~ Patn k Murphy Planning and Building Director City of Encinitas 3 Cd/mrh/g:cov:O3175VDRCDPosesmtcov 8 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4789 " - ~~.,C('Æ'<'~~~ I I I. State of California County of ft i))~ On fXL;. l â7J;4 }ss ~ÝtÄ/'..- :J. J1;~ Date w I to be the person(s) whose name(slJ.s/are ?Æ subscribed to the within instrument and ~ acknowledged to me that he/she/they executed ~ the same in his/hëi7their authorized II capacitYl!.es), andthat by ..his/her/their! signatur~s) on the instrument the person(s), or .'.',1 the entity upon behalf of which th~ person(s) . ,] acted, executed the instrument. ~ WITNESS my haod aod official S:~.I7J - i.J ~1/(~~~ ~ ~ ~I: ,I Description of Attached Document , ~a~Ø ~~~ Numbe, of ~es. 7, i reJW; " Signer(s) Other Than Named Above: ~n Ht.uahu iNs fJr:f- f f/vti{iJ I NJ. ØJ ttC/OV ' I Capacity(ies) Claimed by Signer .- U I Signer's Name: ~dh^"~5 t1ei~ ~idual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee 0 Guardian or Conservator D Other: 8;900' " Rop"""o'09' /Vh;\Sc!6-" . I - .~ ~. .co -- -~ ~~~~~~~~~ @ 1999 National Notary Association. 9350 De Soto Ave.. P.D. Box 2402 . Chatsworth, CA 91313-2402 . www.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 personally appeared I:. I' ~ I. ersonally known to me roved to me on the basis of satisfactory evidence I I I r" " . K~~~N;: ~c ~i¡~ 1 èb8' . Commission #1346394< ~ '. Notary Public - california~ San Diego County ~ l ';' CO!","isSi~n Exp. Apr~ 1 1. 2006 j I' I I I. 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. I' I, I. Top of thumb here .1 I 'I I 1 .1 8 8 ATTACHMENT 'A' Dedication of Open Space Legal Description 124 La Costa Avenue 4790 All that portion of the Southeast Quarter of the Southwest Quarter of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to official plat thereof and described as follows: Beginning at the point of intersection of the easterly boundary line of the said right of way of the Atchison, Topeka and Santa Fe Railroad Company, formerly the California Southern Railroad Company, according to the profile of its road approved by the Department of Interior, May 12, 1881 under the act of Congress of March 3, 1875, with the northerly line of the above mentioned Southeast quarter of the Southwest Quarter, said point being Point "A" and the True Point of Beainnina; (1) Thence North 89° 55' 10" East along said northerly line, 269.57 feet, more or less, easterly boundary line of the real property described per deed of James A. Heiser, recorded in the office of the County of San Diego recorder on May 19, 2003 as Document No. 2003-0583568; (2) Thence South 01 ° 33'00" East along said easterly line 199.64 feet more or less to the top of an existing bluff; (3) Thence northwesterly along said top of bluff a distance of approximately 246 feet to the westerly boundary line of the land describes in said deed of James A. Heiser, and being the easterly Right-of Way of the Atchison, Topeka and Santa Fe Railroad Company, formerly the California Southern Railroad Company, as approved by the Department of Interior, May 12, 1881 under the act of congress of March 3, 1875; (4) Thence North 15°43'30" West along said westerly line, 153.29 feet to the True Point of Beainning. Excepting therefrom the following description: Beginning at said Point "A" South 26°15'56" East, 109.93 feet to the True Point of Beainnina for this exception; (1) Thence South 81°06'28" East, 10.00 feet; (2) Thence South 08°53'32" West, 10.00 feet; (3) Thence North 81°06'28" West, 10.00 feet; (4) Thence North 08°53'32" East, 10.00 feet to the True Point of Beainning. Contains 44,392 Sq.Ft. (1.02 acres) L ~TACHMENT 'B' 8 Dedicà!'lon of Open Space Covenant Plat 124 La Costa Avenue, Encinitas, CA T.P.O.B. 4791 GRAPHIC SCALE 0 25 50 I I I (IN FEET) 1 inch = 50 ft. "7- :;:-. ~N ~~ ~ ~è ü,~. i~~ 200.00' r R-o-W t I ~ ~ ./2 Q)- f.if//ð (I)": 0: -1°/-1 OZ ~ fi/IL. ~r:-. 2 (I)~/z 00: :::;¡ !!l:J >- O(l)/õ! ~IL. m ~M/~ Ei!æ V ~ & ;¡/ æ ~ ~al ~i Æ (I)~ III ~I ð 0 ~. ~~- (I)~/ zo:æ ;? i(æ~ ~;I ~!~ I Ei!;i 1)-- I ~ ~ ~ IL. . i c >- ~ õ! ~ ~ Æ A.P.N. 216-030-57 NOT PART OF ~ RIGHT .op.,WA Y T-98.45' L-191.84' , 0-14842'61" R-141 .00 ~ a '01'52- T=11!.:.34' L=232.51 l- 00' 0=12- - ~ END CURVE 28.30' 10. T~ LA COSTA AVE. a 5+57.2TW Q:" "t. PER (A21-1) R.S. 1796 F'ð - - - - - NIt; -- l¡f ð ~ {} INDICATES DATA PER DEED OF JAMES A. HEISER RECORDED IN THE OFFICE OF THE COUNTY OF SAN DIEGO RECORDER ON MAY 19, 2003, AS DOCUMENT No. 2003-0583568. ( ) CENTERLINE AND BOUNDARY OF RIGHT-OF-WAY DATA AS SHOWN ON SHEET 5 OF 9 ON COUNTY OF SAN DIEGO DRAWING FOR LA COSTA AVENUE (A-21-1) RIGHT-OF-WAY MAP FOR R.S.1796. CONNEcToR RD. Sheet 1 of 2 GRAPHIC SCALE 0 5 10 20 ~ ( IN FEET) 1 inch = 20 ft. LINE DATA TABLE LINE BEARING DISTANCE L 1 S 81°06'28. E 10.00' L2 S 08°53'32. W 10.00' L3 N 81°06'28. W 10.00' L4 N 08°53'32" E 10.00' "7"- 7¡:- . a ~~ ~~ M~ ~II b~ S')~ ~~ 1Q~ .....~ ~ AiiTACHMENT 'B' 8 Dedicà!ron of Open Space Covenant Plat 124 La Costa Avenue, Encinitas, CA ~ ~ ~ cr ... ~ I.L 0 W :z ::¡ ).. ... cr ~ Æ "" 890 .s 8,90 '$s'10" <J'~,9' t: <6'9 ~ ..?81.$7'~/. ~$.>- ..¡ ~~~M .s~~ ~1f g~~.ìt~li'l . .lj, l: f;.ìt~ .st/~~ 8., 1i'.1f~ o~ ~.ìt~ ., 8/1 . .ð.44f. RJ t;i ~ ~ II ~ ~ ~ \ ~,. ~ \ ~~ T.P.O.B. FOR \S\ EXCEPTION l.z, ~ ~~ "V<> ~~ ~~h ð..q C ~---- . ì\10)- AI ÞAl 'I¡,... Sheet 2 of 2