2006-599613
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Recording Requested By and )
When Recorded Mail To: )
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Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
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\l1 J))(.J, GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
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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
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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
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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.
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Datedrt~/~~ ~ ~~
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD/RS/g:\Covenant\05-193 DRVCDP .OSESMNT.LOT27
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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
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~~ ~ (\
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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
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i Noby NJIc . CaIIfoInIa
~ San I*go CounIv -
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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-
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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
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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