2008-301497
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\:lJP;CORDED AT THE REQUEST OF
< CHICAGO TITLE COMA\NY
SUBDIVISION DEPT. .
RecorQ~g "Requested By and )
When Recorded Mail To:) ClOOO
)
)
)
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY)
DOC # 2008-0301497
1111111111111111111111111111111111111111111111111111111111111111111111
JUN 04, 2008 4:30 PM
OFFICIAL RECORDS
SANDIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
PAGES: 5
1111111111111111111111111111111 111111111111111111111111 1111111 III
~f' AC~ ABUV~ 1"UK KtCUKVr.K;::' u~r.
, 0 ~ 0'1 L) q" ~- -~'"l)
GRANT OF EASEMENT FOR THE PRESERVATION OF SLOPE AREA AND NATIVE
VEGETATION AS AN OPE~~~~ARYTRANSFERTAX' I)
Assessor's Parcel No. 258-141-1 ~ Reference Case No. 06-226 TPM/DR/CDP
Walter C. Gregory and Georgia D. Gregory (hereinafter "GRANTOR"), do hereby grant, convey and
dedicate an open space easement to the CITY OF ENCINIT AS, State of California (hereinafter
"CITY"), with terms, covenants and conditions as follows:
An easement over, upon, across, and under a portion of the property referenced above and more
particularly described within the attached Exhibit "A" property description with easement rights to
the CITY and land use limitations to the GRANTOR, and all successors in ownership interest of
said property, as to the following:
(1) GRANTOR conveys a perpetual easement for open space over, upon, across and under the
subject property containing certain slope and native vegetation areas identified as
necessitating preservation as an open space upon the property pursuant to the approval of
Case No. 06-226 TPMlDR/CDP under Resolution No. PC 2007-28 adopted by the CITY
Planning Commission on October 4, 2007. The open space easement is shown and
delineated as Easement "F" pursuant to Sheet 2 of Parcel Map No. 20507
filed in the Office of County Recorder of San Diego County as File No. 200 t.. () 3 \) \ ",,.
on JtJ~t ~I 2008 and more
particularly described in the attached legal description (Exhibit "A") and shown on the
attached plat map (Exhibit "B"). No building, structure or other thing whatsoever shall be
constructed, erected, placed or maintained within the subject open space and no land altering
activities, grading, excavations, and no such other similar activities shall be conducted or
allowed to be conducted within the open space.
(2) GRANTOR conveys the perpetual right to the CITY, but not the obligation, to enter upon
the subject land to remove any buildings, structures or other things whatsoever constructed,
erected, placed or maintained on the subject open space 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 open space contrary to any term, covenant or condition of this easement.
G:\COVENANT\06-226 os Easement
...
(3)
GRANTOR covenants and.agrees for itself and its successors and assigns as follows: 8031
(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 within the subject open space, nor shall grading be performed, and no
land altering activities, grading, excavations, and no such other similar activities
shall be conducted or allowed to be conducted within the open space; with the
exception of hand thinning of non-native vegetation within the open space as may be
required by the CITY Fire Marshal prior to the issuance of a building permit for
development upon Parcel 20f said Parcel Map or any additional future hand thinning
of non-native vegetation within any portion of the open space as may be required by
the Fire Marshal and pUrsuant to the provisions of said Resolution No. PC 2007-28.
(B) That said open space shall not be used for any purpose other than an open space area
as defined by the foregoing.
(C) 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
Dated
'I-/7~
4-0 if6
by
by
(NotarizationofGRANTOR;Ssignatures is attached.)
SEE ATTACHED FOR P PER
CALIFORNIA NOTARY
ACKNOWLEDGEMENT
CITY OF ENCINITAS:
I certify on behalf of the Planning Conunission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2007-28 of said Commission adopted on October 4, 2007, that the CITY
consents to the terms of this grant of. easement and consents to recordation thereof by its duly
authorized officer.
Dated r.. 22. OJ'
by
/--~
/fr4..
,. Patrick Murphy
Director, Planning and Building Department
(Notarization not required)
G:\COVENANf\06-226 OS Easement
2
...'
8032
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
._~A~A~A_'
County of JM1 J)1 j rv
On JlpUl F)-, ;tC08 before me'jlho. rn. Bas~ No-ft.tA~ PI1H/r, ,
Date Here In rt Name and Tille the OIIicer
personally appeared (V n..J.f'f'/L. e . ~ J IJ7. ~. ~ ~ () R-~ ~ l>. ~ J 07 d--
N (s) of SIgner -
}
State of California
~~~~~~~~~~~~~I
GINA M. BASSETT
@-'commlsslon#1526303
~ ~~.: . Notary PubUc - Callfomla ~
~ ".' , San Diego County t
~ ',:. _ ~:~m:~:...No: 1:: 2~
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ~re subscribed to the
within instrument and acknowledged to me that
~~hey executed the same in ~r/their authorized
capacity(ies), and that by ~r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
~t.u nt. ~tI
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Till. or Type of Document:~ a ~ ~ ~ nu n.(-
Document Date: a fU.1 I dtJ
Signer(s) Other Than Named Above: nlJn~
Number of Pages: {i
Capacity(ies) Claimed by Signer(s)
Signer's Name:
~ndividual
D Corporate cer - Title(s):
D Partner - D Limited D General
D Attorney in Fact'
D Trustee
D Guardian or Conservator
D Other:
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Signer's Name: J( ~felL ~ '
..Jd1'ndividual
D Corporate Officer - Title(s):
D Partner - D Limited D Gen~ral
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
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RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer I~Representing:
l frso'6
Signer j, R~presenting:
l lY'tlSJ'6
.
C 2007 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.NationaJNotary.org nem #5907 Reorder: Call Toll-Free 1-800-876-6827
> .
8033
SHEET 1 OF 1
EXHIBIT "A"
OPEN SPACE EASEMENT
AN EASEMENT FOR OPEN SPACE PURPOSES OVER, UNDER ALONG, AND
ACROSS, A PORTION OF THAT LAND DESCRIBED IN A DEED TO WALTER C.
GREGORY AND GEORGIA D. GREGORY, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DOCUMENT NUMBER
2003-1221240, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, OCTOBER 3, 2003 L YING EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID GREGORY
LAND WHICH BEARS N88055'21"W 45.00 FEET FROM THE SOUTHEAST
CORNER THEREOF; THENCE NI013'53"E 194.73 FEET TO THE BEGINNING OF
A NON-TANGENT 55.00 RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID CURVE BEARS S36004'56"W; THENCE
NORTHWESTERLY A DISTANCE OF 66.21 FEET ALONG THE CURVE
THROUGH A CENTRAL ANGLE OF 68058'21" TO THE POINT OF TERMINUS ON
THE NORTH BOUNDARY LINE OF SAID GREGORY LAND.
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