2005-369002
C. Recording Requested By and
T&: . When Recorded Mail To:
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IC.~:/< City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
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D~ # 2005-0369002
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MAY 03,2005 9:10 AM
OFFIClpt RECORDS
'"M1 DIEGO COUNTy' RECORDER", OFFICE
GREGORY J SMITH. COUNTY RECORDER
FEE', 600 WiWS 2
DC NA
PAGES' 8
1/111111111111111111111111111110/1111111 nlll 11111 11111 nlll 11111 11111 011101
FOR THE BENEFIT OF THE CITY )
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SPACE AtlV v D rVK Kn'-'V!UJDK Cl UClD
GRANT OF STEEP SLOPE CONSERVATION OPEN SPACE EASEMENT
Assessor's Parcel
No. 254-040-10
Case No. 01-171 TPM/DR/CDP
Jay and Debra Refold ("GRANTOR" hereinafter), does hereby grant, convey and dedicate an open
space easement to the CITY OF ENCINITAS, 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:
(I) GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject land consisting of all steep slopes and bluff face not disturbed or restored by the
grading as shown on the approved project drawings for Case No. 01-171 TPM/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. 01-171 TPM/DR/CDP, as said permit was issued by Notice of Decision No. PC
2004-04 of the Planning Commission on January 22, 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 consist of native species consistent with the approval of Case
No. 01-171 TPM/DR/CDP.
(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.
(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 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
CDiCSig:ICovenantlO 1171DRcdpO 1-171 drcdp openspacecdvenant
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buildings, structures, grading, or other things as are permitted by Case No. 01-171
TPM/DR/CDP, as said permit was issued by Notice of Decision No. PC 2004-04 of
the Planning Conunission on January 22,2004 or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code ofthe City of Encinitas.
(B) That, except for those portions authorized by Case No. 01-171 TPM/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 and bluff face.
(C) 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. 01-
171 TPM/DR/CDP, as said permit was issued by Notice of Decision No. PC 2004-04
of the Planning Conunission on January 22, 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.
Dated
'.:::.-2-oc::,
by
Debra Refold
GRANTOR:
(Notarizations of GRANTORS' signatures are attached.)
CITY OF ENCINITAS:
This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas,
a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City
Council of the City of Encinitas pursuant to authority conferred by Resolution 94-107 of the City
Council the C~Of En . 'ta adopted on November 9, 1994 and the grantee consents to
recordati n t ere f ts d Iy a orized officer.
By: ' dated o;/;J (/ 0 ~;--
Peter Cota-Robles
Director of Engineering Services, City of Encinitas
CD/CS/g:\Covenant\O 1171DRcdpO 1-171drcdp openspacecOllenant
CERTIFICATE OF ACKNOWLEDGMENT
State of California
} ss.
County of ,^"'Y1A1 /J~
on1lh1d.A, jI}!}5 before me, ~lir11.Jh It -J{;JlYJlc
I Date (Name and Title of the OffiCU
personally appeared \JflA,f fffiJlr;) mr1 f});r2:< R~---'flerSeRany
J Name (s) of Signer (5)
Jmgmn tn !R@> (or proved to me on the basis of satisfactory evidence) to be the
persor@whosename@is@subscribed to the within instrument and acknowledged to
me that he/she@executed the same in his/her/@authorized capacity @ and that
by his/her~ignatur~on the instrument the perso~ or the entity upon behalf of
which the perso~cted, executed the instrument.
WITNESS my hand and official seal.
OPTIONALNFORMATION
Description of Attached Document h/lJA/ffoF."ikc;J )//p
Number of Pages 0<.
Document Date .:} .;;( -J}{n")
Notary Seal
Right Thumbprint of Signer
(Optional)
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded
"5epr 2.~, '2.00"1- as File/Page No. 2007- - 0814883 subordinated to
Grant of Steep Slope Conservation Open Space Easement ("DOCUMENT" hereinafter)
required as condition of approval of 01-11' iPM / 0'7./ <.Ot" ; j} It
..,no~E A!.e,1 E..s - UNI"H lJl1~1( of' (!ttLlFO(UJII1,J . .
B~1tyf~~L/
By: 'ILl!, ~ ~ . R fUfDi4-11
Title:V/(l.E -(If E6 i7)EIJT
~ -::2'1-05
DATED
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Subordination Agreement, and consents to recordation thereof by
;. do. "Iho",'" offirec. (() II D,
Date: '1 /z '~-/O'i- By: ~ l!l:.. -
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Peter Cota-Robles
Director of Engineering Services
City of Encinitas
7449
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Certificate Of Acknowledgment
State of California
County of <=; f\ c" D:z:!; (, 0
On fe..BQ(~4(y :lLf. ~o<>.s
State of California, personally appeared -:r t.{ L- "1- ~
before me 'J:\ I'" 2 C;
() Lh(JJ\A-l(
r.
1== <-t!Ul ~!?
, a Notary Public for the
personally known to me (or 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 pe sones) acted, executed the instrument.
WITNESS hand and official seaL
(Seal)
Signature
1 - - - - - J;'M~S ~ F~R;R- t'
fa, Commission # 1354931'
~. Notary Public. California I
San DIego County
My Comm. ExpIres May 4.:m6
FORM 00211 (Rev. 6/94)
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01-025
REFOLD
12/21/04
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
STEEP SLOPE CONSERVATION
OPEN SPACE EASEMENT
THAT PORTION OF LAND DESCRIBED IN DEED TO THE REFOLD FAMILY TRUST RECORDED AS DOCUMENT NO. 2002-
0179002 AT THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY MARCH 4, 2002 MORE P\RTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT O'! THC WES I toflL Y LINE OF NEPTUNE AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2078
OF SOUTH COAST PARK NO.5 FILED N6vEMBER 21, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DISTANT THEREON NORTH 18.41'55" WEST (NORTH 19.26'45" WEST) 43.26 FEET MORE OR LESS FROM
THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE CENTERLINE OF AVOCADO STREET WITH SAID
WESTERLY LINE OF NEPTUNE AVENUE AS SHOWN ON SAID MAP NO. 2078, SAID POINT BEING FURTHER DESCRIBED
AS THE SOUTHEAST CORNER OF LAND AS DESCRIBED IN SAID DEED TO REFOLD FAMILY TRUST; THENCE
1. SOUTH 71.18'06" WEST
(SOUTH 70.33'15" WEST)
(BEARING PER SAI D DEED)
2. NORTH 10.15'00" WEST
3. NORTH 42" 42'00" WEST
4. NORTH 39.45'00" WEST
5. NORTH 31.18'00" WEST
6. NORTH 27"05'00" WEST
7. NORTH 15.59'59" WEST
8. NORTH 15.15'00" WEST
9. NORTH 17"50'00" WEST
10. NORTH 29.41'00" WEST
11. NORTH 39.40'00" WEST
12. NORTH 29.15'00" WEST
13. NORTH 11.35'00" WEST
14. NORTH 24.25'00" EAST
118.59 FEET
5.25 FEET;
3.00 FEET;
5.00 FEET;
8.00 FEET;
17 .00 FEET;
7.78 FEET;
21.22 FEET;
6.00 FEET;
6.00 FEET;
9.00 FEET;
5.00 FEET;
5.00 FEET;
5.00 FEET
ALONG THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN
DEED TO A POINT ON SAID SOUTHERLY LINE BEING THE
TRUE POINT OF BEGINNING; THENCE
TH ENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
TO A POINT ON THE NORTHERLY LINE OF SAID LAND
DESCRIBED IN DEED THENCE WESTERLY ALONG SAID
NORTHERLY LINE; THENCE
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01-025
REFOLD
12/21/04
15. SOUTH 71.18'06" WEST
(SOUTH 70.33'15" WEST)
75.60 FEET
TO A POINT ON THE MOST WESTERLY LINE OF SAID LAND
AS DESCRIBED IN DEED, THENCE SOUTHERLY ALONG SAID
MOST WESTERLY LINE; THENCE
16. SOUTH 20.21'55" EAST
(SOUTH 21'06'45" EAST)
100.04 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID LAND
DESCRIBED IN DEED, SAID POINT BEING THE SOUTHWEST
CORNER OF SAID LAND DESCRIBED IN DEED; THENCE
17. NORTH 71.18'06" EAST
(NORTH 70.33'15" EAST)
78.67 FEET
EASTERLY ALONG SAID SOUTHERLY LINE OF SAID LAND
DESCRIBED IN DEED TO THE TRUE POINT OF BEGINNING.
CONTAINS 7486 SF, MORE OR LESS.
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EXHIBIT "B" -
PLAT FOR STEEP SLOPE CONSERVATION I ~~
OPEN SPACE EASEMENT € ;<fLE.- I'~~
(APN: 254-040-10) 20'~20'1
SOUtH COAST PARK No, 5 0 I-
MAP No, 2078 ~ ~
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NEPTUNE A VENUE
NI8'4I'SS'W 100.00'
(NI9'26'4S'W)
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APN: 254-040-10
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SOU THEA STERL Y CORNER LAND
DESCRIBED IN DEED; DOCUMENT
No. 2002-0179002.
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EASEMENT DATA TABLE:
# BEARING DISTANCE
LI N24'2S'00"E 5.00'
L2 Nl1"J5'OO'W 5.00'
LJ N29IS'00''W 5.00'
L4 NJ9'40'00'W 9.00'
LS N29'41'00'W 6.00'
L6 NI7'SO'OO'W 6.00'
L7 N1S'IS'00'W 21.22'
L8 N1S'S9'S9'W 7.78'
L9 N27'OS'00'W 17.00'
LlO NJ1'18'00'W 8.00'
LII NJ9'4S'00'W 5.00'
Ll2 N42'42'00'W J.OO'
LlJ Nl0'IS'00'W 5.25'
L7
L8 L9
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/- 0PfN SPACE EASEIIE"
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(NOO'10'00''W) - BEARING PER
DEED DOCUMENT No. 2002-0179002.
PROJ: 01-075 OA1f:12.21.04
SOWARDS & BROWN ENGINEERING
CONSUL'rING ENGINEEf\S
2,e.7NEWCAS'tLE..VENUESUrrEto:>
C.....DI....B",...ESI!A.CA....200T
'rEL7801~""_"500 FIVI. '801~3<O-8f103
N20'2I'SS"W 100.04'
(N21 '06 '4S''W)
poN1D BEAcH STATE PAFlK
pAciFIc OCEAN