2005-256952
8
Recording Requested By and )
'/I~When Rècorded Mail To: )
Cft~ )
(V )
. City Clerk )
City of Encinitas )
505 S. Vulcan Avenue)
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY)
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{fl. Assessor's Parcel
No. 264-101-28
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MAR 30, 2005 9:49 AM
OFFICIAL RECORDS
";ÞN DIEGO COUNTY REClJRDER'~; OFFICE
GREGOR'" J. SMITH ClJUNT\' RECORDER
FEES 10.00
OC NA
PAGES 5
SPACE ABOV
IIUII~IIIIIIIIIII
GRANT OF SENSITIVE BIOLOGICAL HABITAT
PRESERVATION OPEN SPACE EASEMENT
Grading Pennit No. 9299~
DOCUMENTARY TRANSFER TAX $
Jeffrey J. Theodosakis and Pamela Theodosakis ("GRANTOR" hereinafter), do hereby grant, convey
and dedicate an open space easement to the CITY OF ENCINITAS, State of California ("CITY"
hereinafter), with tenus, covenants and conditions as follows:
(1)
(2)
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:
GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of Coastal Sage Scrub (CSS) and annual non-native Grassland (AGL)
habitat as specified in the March 14, 2005 Biological Survey perfonned for the project site
by Dudek and Associates, Inc. The CSS and AGL habitat areas shown on the grading pennit
application plans are consistent with the biological mapping ofthe Dudek Biological Survey.
No building, structure or other thing whatsoever shall be constructed, erected, placed or
maintained on the subject land, nor shall grading be perfonned, except as is pennitted by
Grading Pennit No. 9299-G, or as said pennit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas. Future enhancement, including
planting and maintenance of new vegetation over the AGL portion of the open space
easement may be allowed with prior City review and approval (and subject to any applicable
mitigation requirements) provided that all new plantings consist of native, non-invasive
species consistent with the City of Encinitas approved Master Plant List.
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 tenn, 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 tenn, covenant or condition of this easement.
(3)
GRANTOR covenants and agrees for itself and its successors and assigns as follows:
(A)
That it shall not erect, construct, place or maintain, or pennit the erection,
PBD:MRH :G:Cov: :Theodosakis9299-G.osesmt
(B)
(C)
(D)
8 8
construction, placement, or maintenance of any building or structure or other thing
whatsoever on the subject land, nor shall grading be perfonned, other than such
buildings, structures, grading, or other things as are pennitted by Grading Pennit No.
9299-G, or as said pennit may be hereinafter amended or modified pursuant to the
Municipal Code of the City of Encinitas.
That, except for those portions authorized by Grading Pennit No. 9299-G for grading
and landscaping, it shall not use the subject land for any purpose except as open
space to pennanently maintain the biological habitat.
That it shall not excavate or grade or pennit 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 pennission 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 pennitted by Grading Pennit No.
9299-G, or as said pennit may be hereinafter amended or modified pursuant to the
Municipal Code of the City of Encinitas.
That the tenus, covenants and conditions set forth herein may be specifically
enforced or enjoined by proceedings in the Superior Court of the State ofCalifomia.
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
Dated
'3 . d q, ò )"
3- CJb1.e S
(Notarization(s) of GRANTORS' signatures is/are attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning and Building Department of the City of Encinitas, that the City of
Encinitas consents to the making of the foregoing Grant of Sensitive Biological Habitat Preservation
Open Space Easement and consents to recordation thereof by its duly authorized officer.
Dated !11/Jrci!t 7- 71 -z-Dt) ~
b; r ðf ~d~~ ~~
. Patrick Murphy
Director, Planning and Building Department
(Notarization not required)
PBD:MRH:G: COy: :Theodosakis9299-G .osesmt
2
'CALIF~RNIA ALL8PURPOsAcKNOWLEDGMENT
8
State of
C A I-(?Dr< Nt fJ
County of ' Sf! tV ,j) EGo
On f1ltifJ.-clf 2t zt'oç before me, rfì'7£l~{A )jR.-EtA), ¡t!tJ-mf<.Y (J8t1C
personally appear~; SfHR£ Y T, I pffHlr¡f7fi.ë'Z/fioš'lj'kÎ1, ,
I Name(s) of Signer(s)
0 personally known to me - OR -Ji proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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¥;;~~- Þ:1:-,(Þ\M. NO. 1305678 .
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WITNESS my hand and official seal.
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Signature of Notary Public
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.
Description of Attached Document
-nile or Type of Document: tr o-d 1 s;.~ ,; it d cds! :'&cl" c J-lId¿ -I
Document Date: -;rh. rci. 29, cO 65:' Number of Pages: t.f'
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ~ tf& u £.
,Ø[ Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer's Name:
Top of thumb here
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary Association' 8236 Remmet Ave,. P.O. Box 7184' Canoga Park, CA 91309-7184
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
8
EXHIBIT "A"
LEGAL DESCRIPTION
8
VESTING:
JEFFREY J. THEODOSAKIS AND PAMELA THEODOSAKIS, HUSBAND AND
WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP.
APN: 264-101-28
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED IN GRANT DEED TO JEFFREY J. THEODOSAKIS AND
PAMELA THEODOSAKIS, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT
OF SURVIVORSHIP, RECORDED DECEMBER 30,2004, AS DOCUMENT NO. 2004-1232610
OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY MAP NO. 11693,
RECORDED JULY 14, 1988, AS FILE NO. 88-340356 OF OFFICIAL RECORDS, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN SAID
DOCUMENT NO. 2004-1232610;
THENCE ALONG THE EAST BOUNDARY OF SAID LAND SOUTH 00°47'52" WEST 104.87
FEET;
THENCE LEAVING SAID EAST BOUNDARY NORTH 89°12'08" WEST 10.00 FEET TO A LINE
WHICH IS PARALLEL WITH AND 10.00 FEET WEST OF SAID EAST BOUNDARY;
THENCE ALONG SAID PARALLEL LINE SOUTH 00°47'52" WEST 204.25 FEET TO A LINE
WHICH IS PARALLEL WITH AND 15.00 FEET NORTH OF THE SOUTH BOUNDARY OF SAID
LAND;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°32'45" WEST 284.85 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 04°12'43" EAST 142.41 FEET;
THENCE NORTH 32°47'41" EAST 112.22 FEET;
THENCE NORTH 70°41'20" EAST 105.42 FEET;
THENCE NORTH 16°01'46" EAST 41.72 FEET TO THE NORTH BOUNDARY OF SAID LAND;
THENCE ALONG SAID NORTH BOUNDARY SOUTH 89°57'09" EAST 116.90 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.70 ACRES MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
1Y14 re:Á ZS. Zoo5
DATE
~ .2ff-
MICHAEL SCHLUMPBERGER, PLS 7790
S 89'32'45" W 663.84'
"..t
I"-
oi
("II
I')
APN: 264-101-28
DOC. NO. 2004-1232610
paR. E. 1/2,
SW 1/4, NW 1/4,
SEC. 9
T. 13 S., R. 3 W., S8M
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.
It)
v
ÏD
If>
0
0
z
RDS -J-J693
- DENOTES AREA OF
EZLJ EASEMENT ACQUISITION
1,70 ACRES MORE OR LESS
NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED
FR{)M RECORD DATA.
Right-Or-Way Engineering Services, Inc.
< Land Surveying
4167 Avenida de la Plata Sle. 114 . Oceanside. CA 92056
(760) 732-1366 FAX (760) 732-1367
FILE NAME: Bumann Road open space plal.dwg
EXHIBIT
u 8"
S 89'57'09" E 662.89'
POINT OF
BEGINNING
S 00'47'52" W
104.87'
...A
(JI
0
q
Ñ
100' 0 100' 20
~II I
GRAPHIC SCALE
1 INCH = 100' FT.
OPEN SPACE EASEMENT
VESTING: JEFFREY J. THEODOSAKIS AND PAMELA
THEODOSAKIS, HUSBAND AND WIFE AS COMMUNITY
PROPERTY WITH RIGHT OF SURVIVORSHIP
DA TE: MARCH 25. 2005
SHEET 1 OF 1