2005-36017
Recording Requested By and )
When Recorded Mail To: )
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f )
~A )
ð City Clerk )
1--- tfr City of Encinitas ) 19594
, 505 S. Vulcan Avenue)
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY)
,
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DO~ 2005-003601 7
111111111111 I1111 Iml 11111 11111111111111111111111111111111111 1111 1111
JAN 13,2005 4:18 PM
iJFFICIAL RECiJRDS
S,ð,N DIEGiJ ClJUNTY REClJRDER'S OFFICE
GREGOR\' J. SMITH, CiJUrHY RECORDER
FEES 1000
OC NA
PAGES 5
SPACEABO
I III IW 1111111 IW WII III 1m IIII11111111111111111111111
~ðð5-0036017
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel
No. 261-113-18
Case No. 03-227 V /DR/CDP
Preferred Property, Inc., a Nevada Corporation ("GRANTOR" hereinafter), does hereby grant, convey
and dedicate an open space easement to the CITY OF ENCINIT AS, State of California ("CITY"
hereinafter), 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)
(2)
(3)
GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of all steep slopes not disturbed or restored by the grading as shown
on the approved project drawings for Case No. 03-227 V/DR/CDP. No building, structure
or other thing whatsoever shall be constructed, erected, placed or maintained on the subject
land, nor shall grading be performed, except as is permitted by Case No. 03-227 V/DR/CDP,
as said permit was issued by Resolution No. PC 2004-40 of the Planning Commission on
September 2, 2004 or as said permit may be hereinafter amended or modified pursuant to the
Municipal Code of the City of Encinitas. Planting and maintenance of new vegetation may
be performed in and on the subject land provided that all new plantings are consistent with
the landscape plan as approved by Case No. 03-227 V/DR/CDP.
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.
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 be performed, other than such
CD/KKJ g: \Covenant\O3- 22 7vdrcdp, osesmt.1ot 18 .doc
'.
(B)
(C)
8
8
19,595
buildings, structures, grading, or other things as are permitted by Case No. 03-227
V /DR/CDP, as said permit was issued by Resolution No. PC 2004-40 of the Planning
Commission on September 2, 2004 or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas.
That, except for those portions authorized by Case No. 03-227 V/DR/CDP for
grading and landscaping, it shall not use the subject land for any purpose except as
open space to permanently maintain the steep slopes.
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 CITY 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 Case No. 03-227
V /DR/CDP, as said permit was issued by Resolution No. PC 2004-40 of the Planning
Commission on September 2, 2004 or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas.
(D)
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.
It is agreed that the grant of this easement and its acceptance by CITY 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. This easement shall bind the owner and its successors and assigns.
GRANTOR:
Dated
--
Û{)V\I.ACtIÍ\ l';)... - ð 5
by ~.A~-----
Brad Weekes, Preferred Property Inc.,
a Nevada Corporation
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2002-34 of said Commission adopted on September 5, 2002, that the City of
Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and consents to recordation thereof by its duly authorized officer.
Dated § A.}tL r-"', uCl,'"
(Notarization not required)
b~L( W-rL~a4A- ~
Patrick Murphy
Director, Planning and Building Department
CD/KKI g: \Covenant\O3 - 227vdrcdp. osesmt.1ot 18 .doc
2
8
8 19596
Acknowledgment by Individual Known by
Notary (UNPG): 1-0£/£ uJ(~ú HI
State of Utah
)
SS.
County of Utah )
- -- ---
00 this j;).+Æ day of ( lCUl()¿(~¡ 2005,
before me, It'12 ~£JAl(ll{j/ fa Notary PuD ic,
personally appeared J3rLld W ø:.ks. , personally
known to me to be the person(s) whose name(s)
is (are) subscribed to on this instrument, and
acknowledged that he (she) (they) executed
the same.
SEAL
..-..Ð'. LORIE WRIGHT
é:""'~'",- tlJTNfY PUBUC . SM II
{i¡ ~- - i:»' - ')1 8114 N. UNrÆRSITY AVL
~>'}.~,t PROI/O, UTAH 84804
,<::;-," MY COMM. EXP. 5112108
8
8
19,597
January 10, 2005
EXHIBIT 'A'
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
THAT PORTION OF LOT 26 IN BLOCK 11 OF CARDIFF, IN THE CITY OF
ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 26; THENCE
ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 09°38'00" EAST 26.88
FEET TO THE MOST EASTERLY CORNER OF SAID LOT 26; THENCE ALONG
THE SOUTHEASTERLY LINE THEREOF SOUTH 58°50'00" WEST 30.11 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 31 °1 0'00" WEST
11.67 FEET; THENCE SOUTH 58°50'00" WEST 7.00 FEET; THENCE NORTH
31 °10'00" WEST 9.33 FEET; THENCE NORTH 58°50'00" EAST 6.74 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 6.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 31 °lO'OO"WEST;
THENCE NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE 11.51 FEET THROUGH A CENTRAL ANGLE OF
109°55'02"; THENCE SOUTH 11 °14'58" EAST 1.11 FEET; THENCE NORTH
76°10'22" EAST 4.00 FEET; THENCE NORTH 11 °14'58" WEST 0.93 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 10.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 78°45'02" EAST;
THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE 19.18 FEET THROUGH A CENTRAL ANGLE OF
109°55'02" TO A POINT IN THE NORTHWESTERL Y LINE OF SAID LOT 26;
THENCE ALONG THE NORTHWESTERL Y LINE THEREOF NORTH 58°50'00"
EAST 40.23 FEET TO THE POINT OF BEGINNING.
CONTAINS 877 SQUARE FEET, MORE OR LESS.
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EXHIBIT '8'
OPEN SPACE EASEMENT
GUM TABlE
r:uR~ RADIUS DEL TA LENGTH
Cl 10.00' 109"55'02" 19.18'
C2 6.00' 109"55'02" 11.51'
LIE TABlE
UNf B£AR1NG LENGTH
L1 NJliO'OO"W 9.JJ'
L2 N58.50'OO"[ 7.00'
LJ NJliO'OO"W 11.67'
L4 N58"50'OO"[ 6.74'
L5 N11i4'58"W 1.11'
L6 N76iO'22"[ 4.00'
L7 N11i4'58"W 0.9J'
NOTE:
PROPERTY BOUNDARY CALCULA TED P£R
MAP NO. 1298
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