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2005-36018 Recording Requested By and) When Recorded Mail To: ) ) ) ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY) . ,41' , , . (~) v 8 Dc8 # 2005-003601 8 1111111111111111111111111111111111111111111111111111111111111111111111 19599 JAN 13,2005 4:18 PM OFFICIAL RECORDS ':;,ðJJ DIEGO COUNTY RECORDER'S OFFICE CiREGOR'(,J SMITH, COUNT\' RECORDER FEES: 10.00 OC NA PAGES 5 SPACE ABOV 1IIIn~II~UIIIII~1 2005-0036018 GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT 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 subj ect land, nor shall grading be performed, other than such CD/KKJ g: \Covenant\O3-227vdrcdp.osesmtlot19 .doc - . , ,',J (B) (C) (D) 8t9600 . 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. 8 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. 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 0 \ - \:l. - ~ð() .5 by ~~ Ll 1 J ¿t/.- -- Brad Weekes, Preferred Property me., 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. z." t9 b bY~U UkdM~ t2-- Patrick Murphy Director, Planning and Building Department Dated J '} Ñt¿~ t ~ , (Notarization not required) CD/KKJg:\Covenant\O3-227vdrcdp.osesmt.lot19,doc 2 , . ,,' ' 8 819601 Acknowledgment by Individual Known by Notary (UNPG): ~121 ~ ¿J !Gte; tV T ¡::()/G ACÍ\/lJOúJ/~c¡c¡z OF ßrad Ú/ø:KC.:s State of Utah ) SS. County of Utah ) -.{- . On this I;) day ofJUllL({ ('1 2005, before me, LolLi ¡¿ (J t6I.vllt,' a Notary Public, personally appeared 6 n:{ cI tI)~s, 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 /1 [f Notary Public , ' '. 8 . 819602 January 10, 2005 EXHIBIT 'A' LEGAL DESCRIPTION OPEN SPACE EASEMENT THAT PORTION OF LOT 25 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, TOGETHER WITH THAT PORTION OF KILKENNY DRIVE AS SHOWN ON MAP NO.l298 OF CARDIFF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS CLOSED AND VACATED PER V ACA TION NO. 78-07, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 09°38'00" EAST 48.38 FEET TO THE MOST EASTERL Y CORNER OF SAID PORTION OF KILKENNY DRIVE CLOSED AND V ACA TED PER V ACA TION NO. 78-07 LYING NORTHWESTERLY OF THE NORTHEASTERLY PROLONGATION OF KILKENNY DRIVE CENTERLINE AND NORTHEASTERL Y OF THE NORTHEASTERLY LINE OF OXFORD AVENUE; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF SOUTH 58°50'00" WEST 26.07 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 31 °10'00" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF LOT 25 NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE 10.04 FEET THROUGH A CENTRAL ANGLE OF 57°31 '38"; THENCE NORTH 01 °18'22" EAST 9.51 FEET; THENCE NORTH 88°41 , 38"WEST 4.00 FEET; THENCE SOUTH 01 °18'22" WEST 9.51 FEET TO THE BEGINNING OF A CURVE CONCA VB NORTHWESTERL Y HAVING A RADIUS OF 6.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 88°41 '38" EAST; THENCE SOUTHERLY AND SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE 6.02 FEET THROUGH A CENTRAL ANGLE OF 57°31 '38"; THENCE SOUTH 58°50'00" WEST 5.28 FEET; THENCE NORTH 31 °10'00" WEST 9.33 FEET; THENCE NORTH 58°50'00" EAST 1.99 FEET; THENCE NORTH 31°10'00" WEST 30.67 FEET; THENCE NORTH 58°50'00" EAST 17.01 FEET; THENCE NORTH 31 °10'00" WEST 1.00 FEET TO A POINT IN THE NORTHWESTERL Y LINE OF SAID LOT 25; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 58°50'00" EAST 30.11 FEET TO THE POINT OF BEGINNING. CONTAINS 1639 SQUARE FEET, MORE OR LESS. EXHIBIT '8' OPEN SPACE EASEMENT ~ ~ \ \ P.O.J. /' / / / / / OPEN SPACE / EASEMENT GRANTED / TO THE CITY OF / ENCINITAS HERE,ON / bt~q .<1 ß /' Y \ -7 ";7 \ ~ \ ClAM' TAIU ;UR'Æ RADIUS O£LTA LENGTH C1 6.00' 57'31'38" 6.02' C2 10. 00' 57'31'38" 10.04' 1"=20' I II I 0 10 20 40 8 LIE TAaE UHf BfARING LENGTH Lt N58OS0'OO"E 17.01' L2 N31ïO'OO"W 30.67' L3 N58OS0'OO"E 1.99' L4 N31ïO'OO"W 9.33' L5 N58.50'OO"E 5.28' L6 N01ï8'22"E 9.51' L7 N88.41'38"W 4.00' L8 N01ï8'22"E 9.51' L9 N58OS0'00"E 26.07' LtO N31ïO'00"W 1.00' \~ \~ \~ \ ~Ò ~ò \ \ \ \ \ / / / /' ~~ ~.~::< ~ / ~~/Ji/ ..... 0 ¡j¡ CQ ~ ? Ø) ci ~ò 0 ~ ~S a: ~ ~ tl:I '" z ;::: a ~ Z I w ~I 2 ~ ~ ~!§ en ¡¡J! \ \ NOT£: PROPfRTY BOUNDARY CALCULA 1fO PER MAP NO. 1298 .-1Þ-1 ~ ~