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2006-599613 ( '" ~4t ~~ ~ e DO~ 2006-0599613 111111I111111111111111111111111111111111111111111111111111111111111111 Recording Requested By and ) When Recorded Mail To: ) ) ) ) ) ) ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) t.lYJ \l1 J))(.J, GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT ).J Assessor's Parcel No. 261-113-17 City Clerk City of Encinitas 505 S. Vulcan Avenue AUG 22, 2006 3:24 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 o C: NA PAGES: 5 SPACE ABU 11111111111111111111111111111111111111111111111111111111111111111 Case No. 05-193 DR/V/CDP Joseph and Judith M. Mourao ("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: (1) 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. 05-193 DR/V/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. 05-193 DR/V/CDP, as said permit was issued by Resolution No. PC 2006-14 of the Planning Commission on April 6, 2006 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. 05-193 DR/V/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 subject land, nor shall grading be performed, other than such PBD/RS/g:\Covenant\05-193 DR VCDP .OSESMNT.LOT27 , e e buildings, structures, grading, or other things as are permitted by Case No. 05-193 DR/V/CDP, as said permit was issued by Resolution No. PC 2006-14 of the Planning Commission on April 6, 2006 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 Case No. 05-193 DR/V/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. (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. 05-193 DR/V/CDP, as said permit was issued by Resolution No. PC 2006-14 of the Planning Commission on April 6, 2006 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. GRANTOR: Dated g- 1'1 - Ob by ([~ ~)t~ t! ]osep!ourno by ~~~ )/7. ~ Judith M. Mourao Dated/r~,.2d~ )( (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' 2006-14 of said Commission adopted on April 6, 2006, that the City of Encinitas eonsen;:ts to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and co ents to recordation thereof by its duly authorized officer. ~ /:ICC~ Datedrt~/~~ ~ ~~ Patrick Murphy (Notarization not required) Director, Planning and Building Department PBD/RS/g:\Covenant\05-193 DRVCDP .OSESMNT.LOT27 'f ') e e EXHIBIT "A" LEGAL DESCRIPTION AN EASMENT TO PRESERVE OPEN SPACElHABITAT PRESERVATION AND, STEEP SLOPES OVER A PORTION OF LOT 27, BLOCK 11, OF CARDIFF, AS PER MAP NO. 1298 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 27; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 27 SOUTH 590 19' 55" WEST, 25.67 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 890 07' 58" EAST, 3.88 FEET; THENCE SOUTH 3000' 00" EAST, 16.50 FEET; THENCE SOUTH 170 46'36" EAST, 4.38 FEET; THENCE SOUTH 71 0 51' 39" WEST, 1.84 FEET; THENCE SOUTH 14033' IT' EAST, 4.68 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 27; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 27 NORTH 590 19' 55" EAST, 28.80 FEET; THENCE NORTH 90 03' 59" WEST, 14.40 FEET; THENCE NORTH 300 40' 05" WEST, 11.63 FEET TO THE TRUE POINT OF BEGINNING. Prepared By: Mike R Slater, P.L.S. 6706 Date: July 28, 2006 . · J EXII/8/T ~' , .~ ~ II \ " N~ ~ ~ H/I,P Nt/. /29" Cr;~LJ/rF BLOCK // 28 c ~ "- <::::> 1'\ "=> ~ ~ . 26 \- '. e e b CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ~~ ~ (\ }ss. onA.~" ll-it~ ZtJcj6 , before me, 'Brit.r. ~ ~l~t; tJlttw-~ ~"\c. Date Name and Tille of Officer .J, "Jane Doe, tary ublic") personally appeared ~~ p" Ml'X.{ rc...c Q^^ WJ.t., fY\ Jfl\o U1'4l 0 Name(s) of Stgner(s) o personally known to me ~ proved to me on the basis of satisfactory evidence la~ ~ ~ -~~:. 7-1 i Noby NJIc . CaIIfoInIa ~ San I*go CounIv - j _ _ _ ~~_~~1:~ to be the persor@ whose nam@ ~ subscribed to the within instrument and acknowledged to me that~executed the same in bWAer/~uthorized capacit~), and that by b.is(1:I9r/~ signatur~ on the instrument the person~ the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above 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 Documell.t Title or Type of Document: ~~ ~J.! fi~ ,orlf7"'" Document Date: cE - 14 - '2bn{. pr~",M", <1&1 ~a eq ~I- ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here JlIIl Signer Is Representing: iCll997 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827