2009-190195
CEO # 2009-0 1 0 1 5
Recording Requested By and
; I IIIIIII III) VIII VIII VIII IIIiI VIII VIII VIII VIII VIII VIII IIII VIII
When Recorded Mail To: )
' APR 14, 2009 3:43 PM
OFFICIAL RECORDS
~ ` SAN DIEGO COUNTY RECORDER'S OFFICE
, DAVID L BUTLER, COUNTY RECORDER
City Clerk FEES: 22.00
OC. NA
City of Encinitas ) PAGES:
5
505 S. Vulcan Avenue
Encinitas, CA 92024 ) 1111111 hill Hill VIII 11111 VIII Hill VIII VIII VIII Hill Hill Hill VIII III11111
FOR THE BENEFIT OF THE CITY) SPACE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel Case No. 08-060 V/CDP
No. 260-515-01-00 Building Permit Nos. 07-645/ 09-267
Nancy K. Matus and Brian H. Thompson, wife and husband as Joint Tenants ("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. 08-060 V/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. 08-060 V/CDP, as said
permit was issued by Resolution No. PC 2009-05 of the Planning Commission on February
19, 2009 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. 08-060
V/CDP, as said permit was issued by Resolution No. PC 2009-05 of the Planning
Commission on February 19, 2009 or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas.
PBD\AM\g:\Covenant\08-060VCDP ssosesmt 1
i
(B) That, except as authorized by Case No. 08-060 V/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. 08-060
V/CDP, as said permit was issued by Resolution No. PC 2009-05 of the Planning
Commission on February 19, 2009 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 s in the Superior
~ y p g 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 o g bo l ul by
Nan "y - Mattis
(Notarization of GRANTOR'S signatures is attached.)
Dated 4-1 b -b by u aY L c
Brian H. ompson
(Notarization of GRANTOR'S signatures is attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority conferred
by Resolution No. PC 2009-05 of said Commission adopted on February 19, 2009, that the City of
Encinitas consents to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and consents to recordation thereof by its duly authorized officer.
Dated C~ /d Z_o;~~ b
y
Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD\AM\g:\Covenant\08-060VCDP ssosesmt 2
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of L~ i inn
n
~~1
On /0)
` 1 before me, Pj
Data Here Insert Name and Title of the Office
personally appeared Y~C_' i✓~ Y Aa ,1 7 l~ kC~ ~f. 1 C~ C~
Names) of Signer(s)
r
who proved to me on the basis of sati factory evidence to
be the person(s) whose name(s) is/ r~ ubscribed to the
within instrument and acknowledged to me that
he/she/#R executed the same in his/her/thawauthorized
E. SHM capacity(ies), and that by his/her/t Wsignature(s) on the
NotWRblilc- l~j 1 ~ instrument the person(s), or the entity upon behalf of
son Dkw County which the person(s) acted, executed the instrument.
W Comm. Ex"Jul 30.2010
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 nd offi ' I se
Signature '
Place Notary Seal Above Signature of Not y 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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General _ _
❑ Attorney in Fact ❑ Attorney in Fact •
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT A
LOT 20
LOT 20 OF PLAYA RIVIERA UNIT NO. 1, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
4946, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON APRIL 11, 1962.
PARCEL A
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 20 AT THE
WESTERLY POINT OF A LINE BEARING NORTH 89° 18'21" WEST WITH A
LENGTH OF 134.37 FEET, THENCE BEARING NORTH 00° 53'56" EAST A
DISTANCE OF 64.00 FEET, THENCE BEARING SOUTH 89° 19' 10" EAST A
DISTANCE OF 54.99 FEET, THENCE BEARING SOUTH 09° 58'39" WEST A
DISTANCE OF 64.86 FEET, THENCE BEARING NORTH 89° 18' 21 WEST A
DISTANCE OF 44.67 FEET TO THE POINT OF BEGINNING.
N:\Projects\NXM_080704\Docs\EXHIBIT A.doc
A
I 30'
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N 89°19'10" W 134.12' Lu
54.99 ~
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M I ID
C~ 20
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PARCEL A
MAP74946
W IW
Z PLAYA RJVJ1✓RA UN17 NO. I IW
LO APN 260-515-01 I ° I
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P, 13,
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44.67'
i789 87:7-0 134.3T
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SCALE 111=30'
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ENGINEERING Matus Residence SHEET
CONSULTING Exhibit B - Open Space Deed Restriction
1842 Playa Riviera Drive 1
GROUP p38=471y
85 lOl,5F.858159,5732 B~4Cwv~cgvZwm Cardiff, CA 92007
of , SHEETS