2008-29729
" ,1~
tf\j
11\()'l
~cP
~
fl(l;nA
!) 1\ ... ^
Il/~!, '-~
f\l r
DOC # 2008--0029729
illlill ilil 11111111111111111111 1111111111111111111111111 i1111 illllll
Recording Requested By and )
When Recorded Mail To: )
)
)
)
)
)
)
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
JAN 22, 2008 3:55 PM
CiFFICI.6,L FiELTIF:D':;
':,,,c,h DIECilj CDUN]"',. F:ECDRDEF:'S DFFICE
CiF:EC,UF:,',J ::,rI1IT H.. C Xlt'~r(' F:EC[!F:[lm
~EE':; IJOO
CiC t,J,e:.,
City Clerk
City of Encinitas
505 S. Vulcan Avenue
PAGES: 5
i 1111i! IliIi 111111111111111111111111I11111111111111I11111111111111I1111I11111III
SPACE ABOVE l'Vl'- lU,vVlU.Il.A'-":> U":>L
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parce/l
No. 254-181-02
Case No. 06-168 TM/DRlMIN/CDP
DOCUMENTARY TRANSFER TAX $ /J
Rainbow Ridge Estates, LLC ("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 the grading as shown on the
approved project drawings for Case No. 06-168 TM/DRlMIN/CDP. 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. 06-168
TM/DRlMIN/CDP, as said permit was issued by Resolution No. PC 2007-13 of the Planning
Commission on May 3, 2007 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 as follows:
(A) That 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. 06-168
TM/DRlMIN/CDP, as said permit was issued by Resolution No. PC 2007-13 of the
Planning Commission on May 3, 2007 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\06-168tmdrmincdp,osesmt.doc
, .
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. 06-168 TM/DR/MIN/CDP, 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. 06-168
TM/DR/MIN/CDP, as said permit was issued by Resolution No. PC 2007-13 of the
Planning Commission on May 3,2007 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
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:
Dated /"1/ It tllt' 7
by
ce~
"
(Notarization of GRANTOR'S signatures are attached.)
CITY OF ENCINlTAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2007-13 of said Commission adopted on May 3,2007, that the City of Encinitas
con::~ to the making of the foregoing Grant of Steep Slope Preservation Open Space Easement and
con/,s to recordation thereof by its duly authorized officer.
/?#O/ZLC~ ~...~---? /_-'
--'" c;:r- . ~ / :..---
Dated /, ?- 2-. (.../ 6 by / c:--
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD\ TGM\g: \Covenant\06-168tmdrmincdp.osesmt.doc 2
. ~
STATE OF CALIFORNIA
COUNTY OFSan Diego
} SS:
On
~ /f/(~tJtJ1
before me, Nancy Camarena
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authoriZed capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
"-~l A10
')
(tc 1I'UrJl~1A--
r NANCY CAMAREN~ ~~
. COMM # 1669978 Ul
- N01ARY PUBLIC. CALIFORNIA -
\I) -Ii SAM DIEGO COUN2~Y 2010 ..
~ ' My COM",. ExP. MAY , ,..)
L
WITNESS my hand and official seal.
Signature of Nota, Public
(This area for official notarial seal)
\.,.
"EXHIBIT A"
OPEN SPACE EASEMENT
AN EASEMENT FOR OPEN SPACE 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, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN A DEED TO RAINBOW RIDGE ESTATES
RECORDED AUGUST 4, 2006 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY AS DOCUMENT NUMBER 2006-0556271 LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LAND
WHICH BEARS S84032'27"W 287.05 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE LEAVING SAID BOUNDARY, SI4012'36"W 30.89 FEET;
THENCE N86042'49"E 31.19 FEET; THENCE SI042'55"E 30.08 FEET; THENCE
S38051 '58"E 61.02 FEET; THENCE SI6033'26"E 52.43 FEET TO A POINT OF
TERMINUS ON THE SOUTHERLY BOUNDARY OF SAID RAINBOW RIDGE
LAND.
EXCEPTING THEREFROM THAT LAND DESCRIBED IN AN EASEMENT TO THE
COUNTY OF SAN DIEGO PER DOCUMENT RECORDED JUNE 22, 1951 IN BOOK
4144 PAGE 476 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
ALSO EXCEPTING THEREFROM A STRIP OF LAND 5.00 FEET WIDE LYING
WESTERLY OF AND CONTIGUOUS TO THE WESTERLY LINE OF SAID SAN
DIEGO COUNTY EASEMENT.
ALSO EXCEPTING THEREFROM THE EASTERLY 15.00 FEET OF SAID
RAINBOW RIDGE LAND SAID 15.00 FEET BEING DESCRIBED AS AN
EASEMENT IN VARIOUS DOCUMENTS ONE OF WHICH RECORDED APRIL 28,
1947 AS DOCUMENT NUMBER 45115 OF OFFICIAL RECORDS OF SAID SAN
DIEGO COUNTY.
~J~,
1.)1'89'
::~
co~
, lJOeA2:.5~
rP-<"'.< 30,08 '>
~.fr<
,\~)r
fr
~
1m
~~Ifi
~~~~
~OIUI
~~
tn
~fi1 I:
01:. 6>
@ (8
"b"b :tJ~ ~~
~!5 ~~ l:tJ~
-t '~ 8~
~..... c;..~
"tI~ ~4l:
~~ -t
~~ 4l: t;l...,
:tJ ~-t ~~
~ . ..., ~:tJ
iI:o.c ....~
3t~ ~C") ~!i;
0",< I::l
cr:xJ ::~ ....
~~
o;~ 4l:-t o~
~I::l ttJ"'< .,,~
~ 8~ ~rn
~ ~~ ~~
~ .eo.. 111:
.... :.; ~:ti
~ t"'< 8
l::i "bi:l
i:l ~ ~
~~
~ .eo.. ~
~B ~
q ~~ ~
-t ~
"'< 0"'< ~
~ ~~
~ ~ ....
co
C") ~ ....
~ "'-I
I::l
..... ~
~ ~
l.I)
~
:ti
~
N05"57'52"tl162,87'
t
D
''0
.\)
'S
~
~
~
~rn
t/)
~~
~~
-tt/)
;E
~
ro\\;ro\
--M ,,;:EE: 9l
,Et'a!t "::I"
~
1\3
co
~ .eo..
ni ~
81
~
m
''0
'q
'f.~S
....
co
:"'I
~
iI
~
....
~
z-
SCALE 1" = 40'
-
~
~~
~~
a~
QJ
==
lu
~s
t.
~
!.oi
I\)
I\i
.....
ni
m
!Xl
~
~~
~~
~~S
rgrg
. , ..c.a
."."
;"i;"i
~ ~
~ ~
. .
~m
;
~
~
~
.....
-
-