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1996-106110376 'JC (I- 1996-0106110 O~-~1AR-1996 12:18 P~ Recording Requested By: City of Encinitas When recorded mail to: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 OFFICIAL RECORDS SAH DIEGO COUNIY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0.00 NA FOR THE BENEFIT OF THE CITY) ) SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF OPEN SPACE/INLAND BLUFF PRESERVATION EASEMENT Assessor's Parcel No. 265-331-71 Project No.: 93-121V W.O. No.: 4216 G Susan Chanq, an unmarried woman hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, as described in Exhibit "A" attached hereto, and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except as exists/or noted herein. (B) 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 placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any term, covenant or conditions of this easement. (c) No principal structure or improvement or portion thereof shall be placed or erected, and no grading shall be undertaken, within twenty-five (25) feet of any point along the top of an inland bluff edge. Minor accessory structures and improvements located at grade, including landscaping, shall be allowed to within 5 feet of the top edge of any hillside/inland bluff subject to regulations of the Municipal Code Section 30.34.030B. For purposes of this easement, "minor accessory structures and improvements" are defined as those requiring no city approval or permit including a building or grading permit, and not attached to any principal or accessory cov4747 377 structure which would require a permit. Precautions must be taken when placing structures close to the bluff edge to ensure that the integrity of the bluff is not threatened. Grading for reasonable access in and around a principal or accessory structure may be permitted by the City Engineer following review of a site specific soils report. (Ord. 91-19) (D) A Second Story cantilevered portion of a structure which is demonstrated through standard engineering practices not to create an unnecessary surcharge load upon the bluff area may be permitted 20% beyond the top edge of bluff setback if a finding can be made by the authorized agency that no private or public views would be significantly impacted by the construction of the cantilevered portion of the structure. (Ord. 92-31) GRANTOR covenants and agrees for himself and his successors and assigns as follows: (A) That he 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 other than such buildings, structures and other things as may be permitted pursuant to the zoning ordinance of the city of Encinitas. (B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes. (c) That he 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 the City or its successors or assigns: provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or other material on the Subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the City of Encinitas. The installation and the maintenance of a septic system will be permitted by the City through this easement. Written approval of said system must be obtained. (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 or 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. cov4747 '378 The grant of this easement and its acceptance by the City of Encinitas 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 uses to which the Subject Land may be put. This easement shall bind the assigns. Dated this Grantor and his successors and day of 19~ Isignature of Grantor's to be notarized. Attach the appropriate acknowledgements. Date 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/Habitat Preservation Easement and consents to recordation ther/~of by its duly authorized officer./ / ~~ Date: /0,'?/~~ By, %;~,v v~-~ Alan D. Archibald Director of Engineering Se~ices City of Encinitas State of Texas ]; ~i:,~ County of Dallas Before me, a noCaryi~-~'~- ~ th~ 20.th Aavl[o~ Februar~ 1996 personally appeared statements herein ~oB~ined are true and correct. cov4747 J.N. 94-114.1 July 28, 1995 EXHIBIT 'A' LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT Being a portion of Parcel I of Parcel Map No. 13769 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 29, 1985 as File/Page No. 85- 147686 of Official Records, more particularly described as follows: Beginning at the Northeast corner of said Parcel 1; thence along the Northerly line of said Parcel 1 1. North 74015'47" West 99.16 Feet; thence leaving said Northerly line of Parcel 1 2. South 10°39'29" West 8.20 Feet; thence 3. South 42°54'51" West 16.13 Feet; thence 4. South 67039'38" West 12.26 Feet; thence 5. South 51003'09" West 10.26 Feet; thence 6. South 19°58'22" West 18.85 Feet; thence 7. South 4035'55" West 4.61 Feet; thence 8. South 46045'48" West 7.12 Feet; thence 9. North 87051 '33" West 3.21 Feet; thence 10. South 50°11'40" West 3.12 Feet; thence 11. South 20°50'01" West 13.52 Feet; thence 12. South 5024'56" West 14.30 Feet; thence 13. South 57044'42" West 13.62 Feet; thence 14. South 74040'59" West 6.51 Feet; thence 15. South 86026'02" West 6.91 Feet; thence 16. South 89001 '32" West 11.17 Feet; thence 17. South 47047'23" West 6.68 Feet; thence 18. South 29°26'12" West 5.53 Feet; thence 19. South 8032'20" West 6.94 Feet; thence 20. South 0008'23" East 4.20 Feet; thence 21. South 72050'43" East 117.36 Feet; thence 22. North 33°48'14" East 150.00 Feet to the Point of Beginning. g4114.1gl I Exhibit 'A' Legal Description for Open Space Easement July 28, 1995 page two Excepting therefrom that portion of land lying within the following described area: Beginning at the Northeast corner of said Parcel 1; thence along the Northerly line of said Parcel 1 1. North 74°15'47" West 30.11 Feet; to the TRUE POINT OF BEGINNING; thence leaving said Northerly line of Parcel 1 2. South 47000'00" West 38.44 Feet; thence 3. South 39000'00" West 12.13 Feet; thence 4. South 02°10'00" West 5.23 Feet; thence 5. South 42040'00" East 6.00 Feet; thence 6. South 34030'00" West 9.50 Feet thence 7. South 71020'00" West 8.50 Feet; thence 8. South 31020'00" West 24.00 Feet; thence 9. South 35040'00" West 12.50 Feet; thence 10. South 45040'00" West 11.50 Feet; thence 11. North 61°00'00" West 26.50 Feet; thence 12. North 38020'00" East 16.40 Feet; thence 13. North 75°10'00" East 9.80 Feet; thence 14. North 42020'00" East 18.40 Feet; thence 15. North 31o20'00" East 28.00 Feet; thence 16. North 39000'00" East 16.50 Feet; thence 17. North 47000'00" East 30.50 Feet to a point on the Northerly line of said Parcel 1; thence continuing along said Northerly line of Parcel 1 18. South 74015'47" East 17.86 Feet to the TRUE POINT OE BEGINNING. Contains 12704 square feet, more or less. 94114.1gl2 EXHIBIT .381