2007-643093
' 9374 COC # 200~'-0643t~93
Recording Requested By and ) 11111111 IN 111111111111111111111111111111111111111111111111111111111
When Recorded Mail To: )
~ . ~ OCT 03, 2007 3:56 PM
~ I-iFFICIN,L F;ECDF;D3
3.4P! C) IEGU Cill IPJT`r' FIECOFIDEF;'S CiFFICE
~ 13 F;EGCFI`r'.1. Skq17H. COLirJt'r' F;ECiJF;DEF
City Clerk ~ FEE`': 19 o'-'
OC pJ,~~,
City of Encinitas ) PAGES• j
~ 505 S. Vulcan Avenue '
Encinitas, CA 92024 ) ~~~Iill ~III~ ~~IlI IIIII III~I ~III II I I) I~~
SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT FOR STEEP
SLOPE PRESERVATION
Assessor's Parcel/ Case No. 05-202 TPM/DR
No. 264-173-21 v
Ron Rimmer, ("GRANTOR" hereinafter), does hereby grant, convey and dedicate an open space
easement to the CITY OF ENCIlVITAS, State of California ("CITY" hereinafter), with terms,
covenants and conditions as follows:
An easement over, upon, across, and under the lands hereinafter described as Exhibit "A" attached
hereto and as shown as 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. 05-202 TPM/DR. 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. 05-202 TPM/DR,
as said permit was issued by Resolution No. PC 2006-27 of the Planning Commission on
June l, 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. 05-202 TPM/DR.
(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,
PBD/TGM/g: \Covenant\OS-202TPMDRopenspace
. . 93 75
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. 05-202
TPM/DR, as said permit was issued by Resolution No. PC 2006-27 of the Planning
Commission on June 1, 2006 or as said permit may be hereinafter amended or
modified pursuant to the Municipa] Code of the City of Encinitas.
(B) That, except for those portions authorized by Case No. 05-202 TPM/DR 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. 05-202
TPM/DR, as said permit was issued by Resolution No. PC 2006-27 of the Planning
Commission on June 1, 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
tmderstood 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 assi .
GRANTOR:
,
Dated a~ ~ a by ~
,
~ Rimmer
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCIIqITAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2006-27 of said Commission adopted on June l, 2006, that the City of Encinitas
consents and accepts to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and consents to recordation thereof by its duly authorized officer.
~ , m
y - ~-1--~~~'--
Dated ~ c~ . 2D 'Zpc~ ~ b~ c~
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD/TGM/g: \Covenant\OS -202TPMDRopenspace
7
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•
CALIFORNIA ALL-PURPQSE
~ CERTIFICATE OF ACKNOWLEDGMENT
State of 04 ~
,
County of
On before me,
ere Is Yne an ti e of e o i-cer)
personally appeared
----~,`M
personally known to me ~or proved to me on the hacir of catisfactory evidenceZto be the person(40 whose
name(4 is7 subscribed to the withm instrument and acknowledged to me th he 4hey executed the
same in~~rftheir authorized capacity(it~Q,, and that by~ signature(g~.on the instrument the
personti}, or the entity upon behalf of which the personWacted, executed the instrument:
WITNESS my hand and official seal. a JIN S. DEWOLF
i COMM. #1744873 ~
NOTNiY PUN.IC4CMMORNIA D
a
SAN 01lGV CC7UNTY
My com. Exawo w►r +a, za„
dl-
Signahae ofNo ublic
~ (Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Arry acknowledgment compleled in CaLiforrun must confain verbicge exactly as
DES(.'RIPTION OF THE ATTAC,~F3ID DOCLTMIINT appears above in the rwiary sectian or a sepr8ate acknowledgment form must be
properly completed and crttached to thot document The only exception is jf a
document is to be recorded outside of California ln such inrtmces; any alternative
(Title or description of attached document) ac7oaowledgment verbiage ar mcry be printed on such a docwnent so long ar ihe
verbiage does not require the notary to do something thcg is illegal for a noimy in
Caljjornia (i.e. cerh;fying the authorized capacity af the sigreer). Pleare check the
(Title or description of attached document continued) docwneni carefullyforpropernotarial wardregmrlnttach thuform ifreqedred
Number of Pages Document Date • State and County infoRnation must be the State and CoimCy where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personal(y appeazed which
must also be the same date the acknowledgment is completed
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a cornma and fhenyour title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY TBE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect focros (i.e.
❑ Individual (s) helshe/4W,- is /aFe ) or circling the cotrect forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ CoIpOrate Officel' • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(ride) sufficient area permits, otherwise complete a different acknowledgment foRn.
❑ Paitnei(S) • Signature of fhe notary public must match the signature on file with ffie oflice of
the
❑ Attomey-in-Fact county clerk.
Additional infoimation is not required but could help to ensure this
❑ TnlStee(S) • acknowledgment is not misused or attached to a difl'erent document.
❑ Ot11ei . Indicate title or type of attached document, ruunber of pages and date.
. Indicate the capacity claimed by the signer. If the claimed capacity is a
cocporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
CAPAv12.]OAS0 byAssociabonofProfessionalNotazies8CSA800-873-9865 www.notazyclasses.com
9377
EXHIBIT "A"
TPM OS-202
APN 264-173-21
OPEN SPACE EASEMENT
AN EASEMENT FOR OPEN SPACE PURPOSES OVER, UNDER, AL4NG, AND
ACROSS THAT LAND IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE 4F CALIFORNIA, AS DESCRIBED IN A DEED TO R. RIMMER
CONSTRUCTION INC, A CALIFORNIA CORPORATIOAt, RECORDED NLY 6TH,
2006 AS DOCUMENT NO. 2006478553 OF OFFICIAL RECORDS, SAN DIEGO
COUNTY; LYING NORTHERLY AND WESTERLY OF THE FOLLOWIATG
DESCRIBED L1NE:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID RIMMER
LAND;
THENCE ALONG THE WESTERLY LINE THEREOF, S15°32' 10"W (S15°06' 12"W
RECORD) 96.99 FEET TO THE POINT OF BEGINNING OF THE LINE HEREON
DESCRIBED;
THENCE S74°08'42"E 77.68' FEET; THENCE N70°13'32"E 16.56' FEET; THENCE
N89°07'07"E 17.81 FEET; THENCE S83°46'S3"E 52.26 FEET; THENCE S65°33'22"E
15.45 FEET; THENCE S54°34'00"E 17.48 FEET; THENCE S76°24'40"E 4.39 FEET
TO A POINT THAT IS 5 FEET WESTERLY OF, AND MEASURED AT RIGHT
ANGLES TO, THE EASTERLY BOUNDARY LINE OF SAID RIMMER LAND;
THENCE PARALLEL TO SAID EASTERLY BOUNDARY, N13°35'20"E 77.74 FEET
TO THE NORTHERLY BOUNDARY LINE OF SAID RIMMER LANDS.
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RIMMER LAND
DOC. N0. 2006-478553 `L
RECORDED 0710612006
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PASCO ENGINEEERING
(858) 259-8212
535 N. HWY 101, STE. A
SOLANA BEACH. CA 92075 pF 1342