2009-180719
[HOC # 2009-0 1 807 1 9
Recording Requested By and
~ IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII Ilil IIII
~ When Recorded Mail To: )
APR 09, 2009 10:08 AM
OFFICIAL RECORDS
SAPJ DIEGO COUNTY RECORDER'S OFFICE
r~ ) DA'JID L. BUTLER: COIJNT'Y RECORDER
City Clerk ) FEES: 16.00 WAYS:
City of Encinitas ) OC NA
PAGES: 8
505 S. Vulcan Avenue )
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY) SPACE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
ok.
Assessor's Parcek ~ ~ A Case No. 06-165 TPM/MINBA/DR/CDP
No. 216-122-14& 44 01 ~V
Bella Vista Encinitas, 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. 06-165 TPM/MINBA/DR/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. 06-165
TPM/MIN/DR/CDP, as said permit was issued by Resolution No. PC 2008-10 of the
Planning Commission on March 6, 2008 or as said permit may be hereinafter amended or
modified pursuant to the Municipal Code of the City of Encinitas. Brush management for
fuel modification and fire break areas may be performed within the area labeled "Fire
Clearance Area."
(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. 06-165
TPM/MINBA/DR/CDP, as said permit was issued by Resolution No. PC 2008-10 of
PBD\AM\g:\Covenant\06-165tpm ssosesmt 1
the Planning Commission on March 6, 2008 or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas. Brush
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. 06-165 TPM/MINBA/DR/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. 06-165
TPM/MINBA/DR/CDP, as said permit was issued by Resolution No. PC 2008-10 of
the Planning Commission on March 6, 2008 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 by
Tom anford, Secretary, Bella Vista
Encinitas, LLC.
Dated Q by
Chris Dreher, Chief Executive Officer,
Bella Vista Encinitas, LLC.
(Notarization of GRANTOR'S signatures are 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 2008-10 of said Commission adopted on March 6, 2008, 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 yl G by /
l/ Patrick Murphy
(Notarization not required) Director, Planning and Building Department
PBD\AM\gACovenant\06-165tpm ssosesmt 2
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the covenant recorded on
as Instrument No. acni -p~~93 of official records,
subordinated to Easement for the grant of Steep Slope Preservation Open Space
Easement ("DOCUMENT" hereinafter).
Now, therefore, for valuable consideration, the receipt of which is hereby
acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the
priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if
said DOCUMENT had been executed prior to said Deed of Trust.
BENEFICIARY or TRUSTEE
ps044, h uJ (LlU k
Print Name Signatur
Z: X1eLe-c41uP /Ge /Zr,SiibeAj ~ ~3 eQ
Title /s_-: ?.4e4trC- Jijvr- cF Date
Signature of Beneficiaries/Trustees to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City
of Encinitas accepts and consents to the making of the foregoing Subordination
Agreement and consents to recordation thereof by its duly authorized officer.
P 6 gj -
14 - 6
/ /Q
M •MPeter Cota-Robles Date
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On 3 O D before me
(Here insert name and tit of the officer)
-7-112n a42~z
personally appeared _ b"i/e/e
who roved to me on the basis of satisfactory evidence to be the ers whose name is/ e subscribed to
the within instrument and acknowledged to me th he he/they executed the same i his er/their authorized
capacity(kt), and that b his er/their signatureW on t e instrument the person*, or the entity upon behalf of
which the personal) 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.
OFFICIAL SEAL
_
WITNESS my hand and official seal. SOHEIL BORH
FORNIA,
y NOTARY pUgUGCALIFO
• COMM. NO. 159M
SAN DIEGO COUNTY
(Notary Seal) MY COMM. EXP. JUNE 29, 2009
e of Notary Public
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CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ~ x }
On 20 before me, tc_ personally
appeare wh proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) 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.
I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. C. mos
Commission # 1742136
Notary ►ubme - CaNtomio
"n Die" coum
WCawnlpUoM 7011
Signature (Seal)
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of zt..~^ '~-G }
On 0 before me, e-, .-o. 7__c---> ~AA (,,personally
appeared
-
who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) 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.
I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. C. uzos
Comminlon 0 1742176
Notary PUM - Coiftomia
son oleo county
Signature MrcamnepwoW2,t.7o11 (Seal)
EXHIBIT "A"
STEEP SLOPE OPEN SPACE EASEMENT LEGAL DESCRIPTION
Portions of the Remainder Parcel of Parcel Map No. 19619, according to map thereof, filed in
the office of the San Diego County Recorder, December 8, 2004 as file no. 2004-1154727, and
of the South Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of
Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, all in the
City of Encinitas, County of San Diego, State of California, more particularly described as
follows:
Steep Slope #1
Beginning at the Northwest Corner of the South Half of the Southeast Quarter of the Southwest
Quarter of the Southwest Quarter of said Section 35, which is located North 89°34'11" West
along the Section Line 659.23 feet and North 00°30'39" East along the 1/64th Section Line
333.78 feet from the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said
Section 35; Running thence North 89°30'49" West along the southerly boundary of said Parcel
Map 19619, and the 1/256th Section Line, 52.94 feet; thence North 08°35'08" East 16.05 feet;
thence North 26°40'28" West 30.76 feet; thence North 13°58'35" East 22.54 feet; thence North
31 °41'25" East 40.86 feet; thence North 42°29' 19" East 39.85 feet; thence North 06°34'08"
West 14.32 feet; thence North 29°56'59" West 15.47 feet; thence North 58°31'54" West 21.36
feet to the easterly terminus of an 83.00 foot radius curve on the southerly boundary of Parcel 4
of said Parcel Map; thence South 74°39'08" East along said southerly boundary 80.73 feet;
thence South 04°35'18" East 8.49 feet; thence South 46°37'07" East 12.12 feet; thence South
88°47'24" East 27.28 feet; thence South 72°45'29" West 29.55 feet; thence South 40°11'46"
West 59.12 feet; thence South 49°34'52" East 5.89 feet; thence South 20°18'54" West 31.52
feet; thence South 20°38'42" East 8.48 feet; thence South 43°04'19" East 14.37 feet; thence
South 31°14'30" East 17.96 feet; thence South 02°53'18" West 11.13 feet; thence South
26°08'57" West 6.80 feet to the beginning of a non-tangent 75.00 foot radius curve concave to
the northeast, from which the radius point bears North 33°09'22" East; thence northwesterly
10.23 feet along the arc of said curve through a central angle of 7°49'08"; thence North
68°38'29" West 15.08 feet to the 1/64th Section Line; thence South 00°30'39" West along said
1/64th Section Line 3.21 feet to the Point of Beginning. Containing 0.2423 Acres.
Steep Slope #2
Beginning North 89°34'11" West along the Section Line 618.01 feet and NORTH 317.19 feet
from the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 35;
Running thence North 22°35'45" East 7.12 feet; thence North 80°31'42" East 26.14 feet; thence
South 57°28'48" East 35.90 feet; thence South 05°20'36" East 7.98 feet; thence North 61 °28'54"
West 13.36 feet to the beginning of a non-tangent 70.00 foot radius curve concave to the north,
from which the radius point bears North 05°53'12" East; thence westerly and northwesterly
21.44 feet along the arc of said curve through a central angle of 17°32'51" to the beginning of a
non-tangent 70.00 foot radius curve concave to the north, from which the radius point bears
North 01 °45'32" West; thence westerly 27.71 feet along the arc, of said curve through a central
angle of 22°40'52" to the Point of Beginning. Containing 0.0153 Acres.
1Al`lD
S~PN C. yG F~
Ex ~.S05211
6/30/09.
Page 1 of 2
OF CA~~F
Steep Slope #3
Beginning North 89°34'11" West along the Section Line 461.27 feet and NORTH 285.69 feet
from the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 35;
Running thence North 29°49'15" East 52.00 feet; thence North 51°26'35" East 35.87 feet;
thence South 88°51'54" East 29.60 feet; thence South 72°08'23" East 7.73 feet; thence South
00°34'57" West 17.38 feet to the beginning of a non-tangent 42.00 foot radius curve concave to
the southeast, from which the radius point bears South 26°51'09" East; thence southwesterly
15.55 feet along the arc of said curve through a central angle of 21'13'02"; thence South
41 °55'48" West tangent to said curve 16.84 feet to the beginning of a non-tangent 68.81 foot
radius curve concave to the north, from which the radius point bears North 19°20'26" West;
thence westerly 26.95 feet along the arc of said curve through a central angle of 22°26'14" to the
beginning of a non-tangent 70.00 foot radius curve concave to the northwest, from which the
radius point bears North 46°56'26" West; thence southwesterly and westerly 46.82 feet along the
arc of said curve through a central angle of 38°19'19" to the Point of Beginning. Containing
0.0650 Acres.
Steep Slope #4
Beginning at the northerly terminus of a 41.00 foot radius curve on the easterly boundary of
Parcel 4 of said Parcel Map 19619, said terminus being located North 89°34'11" West along the
Section Line 455.01 feet and NORTH 522.00 feet from the Southeast Corner of the Southwest
Quarter of the Southwest Quarter of said Section 35; Running thence North 19°16'55" East
along said easterly boundary 16.76 feet; thence South 58°58'02" East 21.91 feet; thence South
72°03'19" East 24.98 feet; thence South 54°10'30" East 26.58 feet; thence South 35°49'29"
West 4.91 feet; thence South 58°44'06" East 34.91 feet; thence North 67°04'59" East 34.02 feet;
thence South 47°05'54" West 27.88 feet; thence North 81°27'14" West 14.52 feet; thence South
39°24'53" West 11.96 feet; thence South 69°28'22" West 22.84 feet; thence South 31°34'16"
East 10.21 feet; thence South 83°07'07" East 28.18 feet; thence South 62°08'56" East 50.44
feet; thence South 48°2559" East 21.04 feet to the beginning of a non-tangent 100.00 foot
radius curve concave to the west, from which the radius point bears North 83'17'18" West;
thence southerly 23.44 feet along the arc of said curve through a central angle of 13°25'52";
thence South 20°08'34" West tangent to said curve 16.54 feet; thence North 45°08'57" West
74.40 feet; thence North 53°38'48" West 57.45 feet; thence North 35°08'56" East 8.32 feet;
thence North 21°16'52" West 21.05 feet; thence North 44°04'27" East 13.71 feet; thence North
58°52'38" West 50.10 feet; thence North 85°53'50" West 11.52 feet to the Point of Beginning.
Containing 0.1217 Acres.
Page 2 of 2
EXH181T „8„
LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE
L! N89'30'49' 52.94' L19 543'04'19' 14.37' L N19'16'55' 16.76'
L2 NOB-35.08-E 16.05' L20 S31'14'30"E 17.96' L3 S58'58'02" 21.91'
L3 AM '40'28' 30.76' L2! 502 53'18' 11.13' 738 S72'03'19' 24.98'
L4 N13 58'35' 22.54' L22 S26'08'157' 6.80' L3 S54'10'30' 26.58'
L N31'41'25" 40.86' L2 NM W '29' 15.08' L40 S35'49'29" 4.91'
L N42'29'19' 39.85' L24 SOO *30'39' 3.21' L41 558'44'06' 34.91'
L N06'34'08" 14.32' N22'35'45' 7.12' L42 N67-04.59' 34.02'
L N29 56'59' 15.47' L26 N80 31'42' 26.14' L43 547'05'54" 27.88'
L9 N58'31'54' 21.36' L2 S57 28'48' 35.90' L44 N81'27'14' 14.52'
L!0 S74'39'08' 80.73' L28 S05 20'36' 7.98' L4 S3924'53' 11.96'
L11 S0435'18" 8.49' L29 N61 '28'54'13.36' L4 S69'28'22" 22.84
L12 S46 37'07' 12.12' L30 M29'49'15' 52.00 L4 S31'34'16' 10.21'
L13 S88-47.24' 27.28' 731 N51 26'35" 35.87' L48 583'07'07' 28.18'
L14 S72'45'29' 29.55' L32 S88'51'54' 29.60' L49 S62'08'56" 50.44'
L! S40'11'46' 59.12' L331 S72'08'23" 7.73' L50 S4825'59' 21.04'
Li 349'34'52' 5.89' L34 SOO'34'57' 17.38' L51 S20'08'34' 16.54'
Li S20'18'54' 31.52' L351 S41'5548' 16.84' L52 M45-08.57' 74.40'
L! S20 '38'42"E 8.48 ' L51 L53 N53 '3848 " 57.45'
/ L50~
Q 0 G~
STEEP)SLOPE 44
a•N, L34-
C4
L40 > L33---Z,-
~L35
L38 ~I
L37 -u cis
~SL54PARCEL 4
L58 S TPM 06-165 522.00'
L36 POO POO
I 285.69'
LINE BEARING DISTANCE CURVE DELTA RADIUS ARC
L54 N35'08'56 8.32' C1 749'08' 75.00' 10.23'
-L75-5 N21 '16'52' 21.05' C2 17'32'51' 70.00' 21.44'
L56 N44'04'27' 13.71' ( C3 22'40'52' 70.00' 27.71'
L5 N58'52138' 50.10' STEEP SLOPE 12 J C4 21'13'02" 42.00' 15.55'
L58 N8553'50' 11.52' PARCEL 3 ti L29 C 22'26'14" 68.81' 26.95' °
PARCEL 4 L13 TPM 06-165 C2 C6 38'19'19' 70.00' 46.82'
PARCEL MAP 19619 Cif s so C3 C11 13-25-52- 100.00' 23.44' N
STEEP SLOPE Of POB 317.19
'In
~4 Cl
" v2~2~ p ~ POB N00 30 '39 "E 333.78'
co -i
~q ~9 ~ LAND S
J ~~SQN c. y9~F 111
PARCEL 2 ~V p~~Ci Gy I "r loop
PARCEL 3 TPM 06-165 LS 5211 N
PARCEL MAP 19619 06/30/09
OF CA1.1F~
- INDICATES STEEP SLOPE Pasco ENGDEERD6
OPEN SPACE EASEMENT 535 858)N2.59 WY 101. STE. A
SOLANA BEACH, CA 92075