2004-1168675
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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
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(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
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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
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(3)
(C)
(D)
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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 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
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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 (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/
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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
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Cd/mrh/g:cov:O3175VDRCDPosesmtcov
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4789
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State of California
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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
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Description of Attached Document ,
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Signer(s) Other Than Named Above: ~n Ht.uahu iNs fJr:f-
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Capacity(ies) Claimed by Signer .- U I
Signer's Name: ~dh^"~5 t1ei~
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D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
0 Guardian or Conservator
D Other:
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@ 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
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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.
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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)
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~TACHMENT 'B' 8
Dedicà!'lon of Open Space Covenant
Plat
124 La Costa Avenue, Encinitas, CA
T.P.O.B.
4791
GRAPHIC SCALE
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A.P.N. 216-030-57
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{} 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
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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'
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AiiTACHMENT 'B' 8
Dedicà!ron of Open Space Covenant
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124 La Costa Avenue, Encinitas, CA
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