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