2005-454706
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LfrLV'\ Rt%lording Requested By and )
1 LD,'~ When Rel:orded Mail To: ~
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Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
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DOC # 2005-0454706
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City Clerk
City of Encinitas
505 S. Vulcan Avenue
MAY 31, 2005 4:23 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J SMITH. COUNTY RECDRDER
FEES: 17.00
OC NA
PAGES: 4
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SPACE ABOVb _ ~__ ______n_ w_
Gl,UNT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel
No. 216-100-03
Case No. 04-158 MIN/CDP &i
DOCUMENTARY TRANSFER TAX *
Norma J: Yuskos ("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 shown on Exhibit "A" 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 west of the 150 foot contour line not disturbed or
restored by the grading as shown on the approved project drawings for Case No. 04-158
MIN/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. 04-158 MIN/CDP, as said permit was issued by Notice of Decision
PBD 2005-03 of the Zoning Administrator on January 4, 2005 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. 04-158 MIN/CDP, this document, or as directed by the Fire Marshal for brush clearance
purposes.
(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) Other than as stated in this document, that it shall not erect, construct, place or
maintain, or permit the erection, construction, placement, or maintenance of any
CD/GLlg:ICovenantI04-158 mincdp.osesmt..doc I
,
(B)
(C)
(D)
building or structure or other thing whatsoever on the subject land, nor shall grading
be performed, other than such buildings, structures, grading, or other things as are
permitted by Case No. 04-158 MIN/CDP, as said permit was issued by Notice of
Decision PBD 2005-03 of the Zoning Administrator on January 4, 2005, 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. 04-158 MIN/CDP for grading
and landscaping and replacing non-native vegetation with native vegetation within
the open space easement using hand tools only, 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. 04-158
MIN/CDP, as said permit was issued by Notice of Decision PBD 2005-03 of the
Zoning Administrator on January 4, 2005 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:
512--9-( 05
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(Notarization of GRANTOR'S signature is attached.)
Dated
by
CITY OF ENClNlTAS:
I certifY on behalf of the Zoning Administrator of the City of Encinitas, pursuant to authority conferred
by Notice of Decision PBD 2005-03 of said Zoning Administrator adopted on January 4,2005, 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 It{ ~ v7, -z..n ,-
, (Notarization not required)
by~Ll uJ..p-l~ t2-
Patrick Murphy
Director, Planning and Building Department
CD/GL/g:ICovenantI04-158 mincdp.osesmt..doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~ O;~O
\to; TlIle of Officer (e.g" "Jane Doe,
Name(s}ofSlgr.er(s)
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D personally known to me
5( proved to me on the basis of satisfactory
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to be the person~ whose name(ll) is/are
subscribed to the within instrument and
acknowledged to me that 1'IeIshe/they executed
the same in M/her/1tleir authorized
capacityOJl'l., and that by M/her/tfteir
signature(.a:) on the instrument the person(JIj, or
the entity upon behalf of which the person~)
acted, executed the instrument.
OPTIONAL
Though the infonnation below is not required by law; it msy 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
TiUe or Type of Document: t
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
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Signer Is Representing:
C 1999 Nallonal NotaryAssociation 09350 De SotoAve., P.O. Box 2WoCt1idsW01'lh, CA 91313-2402 0 WWW.Mtionalnotary.org
Prod. No. 5907
Aeorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State 01 calilz." .
County 01 . DI ~O
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On
beloreme, C./hud1cd~. 6~~
j I~~","l\'l_{.g. ,.,,,"".NoIa~ I
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Name{s}of Stgner(s)
o personally known to me
g proved to me on the basis of satisfactory
evidence
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Naay P\dll- CdIDIllIa
tan IllIgo CoIdV
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to be the personl)ll whose name(.ll) isl~
subscribed to the within instrument and
acknowledged to me that IoleIshe/tlley executed
the same in ,,",/her/lloeif authorized
capacitYliMi, and that by hie/her/tMir
signaturel/l) on the instrument the person(lll, or
the entity upon behalf 01 which the person("
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, ff may prove valuable to persons refying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached (jument
Title or Type 01 Document: ~
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limtled 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
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Signer Is Representing:
C 1999 Nalional Notary Association. 9360 De SOlo Ave., P.O. Box 2402' Chlltswor!tl, CA 91313-2402. www.nallon&lnotary.org
Prod. No. 5907
Aeorder.CaIlTolI-FI981.aoo.a7~7