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RecprdingRequested By and )
When Recorded Mail To: )
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Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY)
SEP 28. 2005
2:01 PM
IJFFICI.~.L F:EDJRDS
(~;.-':~JJ DIEi:~1J CUI_1tH"( REUJRDER'~; iJF~-II~E
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City Clerk
City of Encinitas
505 S. Vulcan Avenue
! IIIII! II!IIIIIII 1111111111 11111 11111 11111 11111 11111 III 1111111111111111111111111
SPACEABm
GRANT OF OPEN SPACE EASEMENT FOR STEEP SLOPE PRESERVATION
Assessor's Parcel
No. 264-240-14
Grading Plan No. 9300-G
Steven T. Jones and Geri L. Jones, Trustees of the Steven and Geri Jones 2003 Trust ("GRANTORS"
hereinafter), do 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:
(1) GRANTORS convey 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 drawings for grading plan 9300-GR. 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 grading plan 9300-GR, as said permit was
issued by the Engineering Services Department or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas..
(2) GRANTORS convey 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) GRANTORS covenant and agree for themselves and its successors and assigns as follows:
(A) That they 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 subject land, nor shall grading be performed, other than such
buildings, structures, grading, or other things as are permitted by grading plan 9300-
GR, as said permit was issued by the Engineering Services Department or as said
permit may be hereinafter amended or modified pursuant to the Municipal Code of
the City of Encinitas.
(B) That, except for those portions authorized by grading plan 9300-GR for grading and
PBD/KKf g: ICovenantl93 OO-gr.osesmt.doc
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. ; landscaping, they shall not use the subject land for any purpose except as open space
to permanently maintain the steep slopes.
(C) That they 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 subj ect land as is permitted by
grading plan 9300-GR, as said permit was issued or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas.
(D) That this open space easement shall preclude vegetation removal or additions with
the following exceptions: brush clearing for fire protection purposes shall be
permitted upon written order by the appropriate fire fighting of fire protection
agencies, and the removal of hazardous substances or conditions or diseased plants or
trees.
(E) 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 GRANTOR and their successors and assigns.
Dated
1-J,/-~ J/
by
Steven T. Jo es, Trustee ofthe Steven
C'lmd_ ri Jones 2003 Trust
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GRANTORS:
Dated
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by
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i{iA':4--.' .11--,
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(leri L. Jon1s~Trustee of the Steven
an~ 5J6ri Jones 2003 Trust
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(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
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 Grant of Open Space Easement for Steep Slope Preservation, accepts the
easement granted thereon, and consents to the recordation eofby' duly authorized officer.
Dated JIJ. 7-/0~
by
(Notarization not required)
Peter Cota-Robles
Director, Engineering Services Department
PBD/KKI g: ICovenantl9300-gr .osesmt.doc
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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(' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ~
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~ Description of Attached Document ~
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 2 OF CITY OF ENCINITAS TRACT NO. 87041, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL MAP THEREOF NO. 12816, FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON MAY 21,1991, BEING MORE pAATICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG
THE EASTERLY LINE OF SAID LOT 2, SOUTII 02025' 19" EAST, 193.46 FEET; THENCE
LEAVING SAID EASTERLY LINE, NORTH 81048'06" WEST, 127.23 FEET; THENCE
NORTH 35047'59" WEST, 33.64 FEET; THENCE NORTH 13"'23'46" WEST, 135.56 FEET TO
A POINT ON THE NORTHERLY LINE OF SAID LOT 2; THENCE NORTH 84035'22"
EAST, 169.60 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.615 ACRE MORE OR LESS.
~E~G~959
COASTAL LAND SOLUTIONS
B.(.~()()~
DATE
EXHIBIT "B"
32' PRIV~TE RO~O
E~SEMENT PER
M~P NO. 12816
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~ AREA = 0.615 ACR~ACE EASEMENT
CLSll'221
COASTAL LAND SOLUTIONS
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