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)
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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
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(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
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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.
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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
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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 )
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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
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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
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/ OPEN SPACE
/ EASEMENT GRANTED
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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'
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0 10 20 40
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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'
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NOT£:
PROPfRTY BOUNDARY CALCULA 1fO PER
MAP NO. 1298
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