2007-474552
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Recordi~ Re~uested By and )~:(
When Recorded Mail To: ) >/
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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
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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:
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02
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{/,.~ 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
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CornmiMleln # 1640200
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San DIego County -
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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.
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EXHIBIT "B"
OPEN SPACE EASEMENT
P. O. T.
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PER TPM 05-273
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@ 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
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