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2007-474552 0>1 -- W\ ~ Recordi~ Re~uested By and )~:( When Recorded Mail To: ) >/ ) / I .' ,/i , ,./ ~. . I /,., ) -{"V /\ ) ( ) \ \/ ) I ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) DOC # 2007-0474552 , 1111111 11111111111111111111111111111111111111111111111111111111111111 JUL 16, 2007 4:00 PM OFFICI.C.,L F:ECDF:DS '"Pf'J DIEI.:10 COUNT' F:ECOF:DEF:S OFFICE C;F:EI~DF,( ,I ':;MITH.. COUNT', F,ECOF:DEF: FEES 2.[l1j [IC: N,c., F',61:iE':; 5 City Clerk City of Encinitas 505 S. Vulcan Avenue !IOOOO~~OOWW~WOOWWW~I SPACE ABC GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel / No. 254-181-04"; Case No. 05-273 DRlTPM/CDP DOCUMENTARY TRANSFER TAX $ 0 Lawrence W. Holland and Jill B. Holland ("GRANTOR" 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) GRANTOR conveys a perpetual easement for open space over, upon, across and under the subject land consisting of all steep slopes not disturbed by ~he grading as S:10wn on the ,uproved project drawings for Case No. 05-273 DRlTPM/CDP. No building, structure or other thin:5 whatsoever shall be constructed, erected, placed or rraintained on the subject land, n0r shall grading be performed, except as is permitted by Case No. 05-273 DRlTPM/CDP, as said permit was issued by Resolution No. PC 2006-46 of the Planning Commission on September 21, 2006 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (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 a~ follows: (A) T~lat 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 buildings, structures, grading, or other things as are permitted by Case No. 05-273 DRlTPM/CDP, .lS said permit was issued by Resolution No. PC 2006-46 of the Planning Commission on September 21, 2006 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Brush PBD\TGM\g:\Covenant\05-273drtpmcdp osesmt management for fuel modification and fire break areas may be performed within the area labeled "Fire Clearance Area." (B) That, except as authorized by Case No. 05-273 DR/TPM/CDP, it shall not use the subject land for any purpose except as open space to permunently maintain the steep slopes. (C) That it shall not excavate or grade 0; 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 succeS30rs 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. 05-273 DR/TPM/CDP, as said permit was issued by Resolution No. PC 2006-46 of the Planning Commission on September 21, 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, covemnts and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court ofthe 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: ;//L:wre~ 02 /\ / .., / I ,. / / //l/~ . . ///'.' . 1/ .' ..' ' (' / /. .', 'j)'--7.7..c;~ ; . '." (~..t~ .;:,.. / '. ./' ~ {/,.~ Jill B. Holland Dated tl;/c 7 by Dated 1(7/(/7 by (Notarization of GRANTOR'S signatures are attached.) CITY OF ENCINIT AS: I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authorilY conferred by Resolution No. PC 2006-46 of said Commission adopted on September 21, 2006, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and consents to recordation thereofby its duly authorized officer. 6-22-07 by /~ 7 ~ / Patrick Murphy Director, Planning and Building Department Dated (Notarization not required) PBD\TGM\g:\Covnant\05-273drtpmcdp osesmt 2 State of California County of ~ fnIl1) I tl.o 0 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT \)i LL 1""b:1, Zou7 before me, ( Ljvu ~n/l Cf Lv (7. MDt ( ALD g nOt (here insert name and title of the officer) t1tl01vv:'> ~ On Jun t personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) )B1are subscribed to the within instrument and acknowledged to me that -ke,'3I,(/tI:ley executed the same in ~/their authorized capacity(ies), and that by.t::lis/Acr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature J~-~-- Q -xf~_-~J CornmiMleln # 1640200 t -"--~ I San DIego County - ~ - - ~~~~~~~~ WITNESS my hand and official seal. (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated Method of Signer Identification D Personally known to me D Proved to me on the basis of satisfactory evidence: L 0 form(s) of identification 0 credible witness(es) Identification is detailed in notary journal on: Page # Entry # The signer(s) capacity or authority is/are as: D Individual(s) D Attorney-in-Fact D Corporate Officer(s) Notary contact: Other D Additional Signer(s) D Signer(s) Thumbprint(s) Tltle(l) jD D Guardian/Conservator D Partner - Limited/General D Trustee(s) D Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing J (bl Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines. IA 50312-3612 Form ACK02. 10/05. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com . . EXHIBIT "A" OPEN SPACE EASEMENT AN EASEMENT FOR OPEN SPACE PURPOSES OVER, UNDER, ALONG AND ACROSS, THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED IN A DEED TO RAINBOW RIDGE ESTATES, LLC IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER DOCUMENT RECORDED JUNE 5, 2006 AS DOCUMENT NUMBER 2006-0556271 OF OFFICIAL RECORDS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY LINE THEREOF S84031 '29"W (RECORD S83052'05"W) 241.01' FEET TO THE TRUE POINT OF BEGINNING; THENCE N03050'06"E 85.69 FEET; THENCE NIl 028'36"W 68.71 FEET; THENCE N06002'32"W 87.65 FEET; THENCE N350lO'28"W 38.63 FEET TO A POINT ON THE WESTERLY LINE OF SAID RAINBOW RIDGE LAND; THENCE ALONG SAID LINE N0505T52"W TO THE POINT OF TERMINUS BEING THE MOST NORTHERLY NORTHWESTERLY CORNER OF SAID LAND. EXCEPTING THEREFROM SAXONY ROAD AS DESCRIBED IN A DEED TO THE COUNTY OF SAN DIEGO RECORDED JUNE 14, 1951 IN BOOK 4135 PAGE 357 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE EASTERLY 15.00 FEET THEREOF. " , ~ EXHIBIT "B" OPEN SPACE EASEMENT P. O. T. -- ~ . ...... c c gl~ ....... . ~I~ ~~ ~ '" ~- ~ \<:P'C 10 . . ~I \~.~~ I \ ~ 1 ~ __ ------... r:-. ,,\ tv. ~ ~ \A) ~ ~ ~in \tv.' 0~'~' ~~ ,,'\ ~. ~S; ~ ~~' ~. <:1 I I ~\ ~:.... ." N84 -33 '08"E 433.80' ~a:i "to N84 .29'24"E 251.79' PARCEL 3 PER TPM 05-273 15.00' \ Z\ \ \ I I ~I ~f:" ,5i?~ ~~ ~I 17\ T.P.O.B. I \AI\ ~~ -Jy- @ OPEN SPACE EASEMENT (8) EASEMENT FOR ROAD PER DOC. REC DEC.22, 1917 IN BK 750 PG 108 OF DEEDS (C) EASEMENT FOR COUNTY HIGHHA Y PER DOC. REC. JUNE 14, 1951 IN BK 4135 PG 357 OF O. R. PARCEL 4 PER TPM 05-273 . ~I ~I ~I .) -4 241.01' N84.31'29"E 668.88' / II !!!P! -sr.JII "'N~lIIYlI2m SIE. A 8IUNA EADt. CA IIII1ll ~ J _ OUAIL Hi5lJJiir - . . ....... 'q' to ~ ~ . 10 C C ~ ~ to 0 ~ OJ o ~ Q <:::( ~ ~ N ! SCALE r = 50' P.O.B.