2009-491178Recording Requested By and )
When Recorded Mail To: )
041-City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY) SPACE
DOCU 2009-0491178
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SEP 01, 2999 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY REF IRDER'~ OFFICE
DA%IID L EUTLER: COUNTYREC:ORDER
FEES: 22.00
O C: NA,
PAGES: 5
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
V 1
Case No. 09-028 CDP
Assessor's Parcel DOCUMENTARY TRANSFER TAX $ CD
No. 216-030-04 Building Permit No. 09-703
1
Dominic J. Burtech and Julie Burtech, Co-Trustees of the Burtech Family Trust created by Declaration
of Trust dated July 13, 2005 ("GRANTORS" 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) GRANTORS 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. 09-028 CDP.
(2) GRANTORS 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, other than such buildings, structures:, and That it
shall not excavate or grade or permit any 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 other things as are
permitted by Case No. 09-028 CDP, as said permit was issued by Resolution No. PC
2009-17 of the Planning Commission on June 4, 2009 or as said permit may be
hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas. The open space easement is intended for the preservation of an
undisturbed open space area and to maintain the steep slopes. Brush management for
fuel modification and fire break areas may be performed within the area. labeled "Fire
Clearance Area."
B. 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.
PBD\AM\g:\Covenant\09-028cdp 1.ssosesmt
C. That, except as authorized by Case No. 09-028 CDP, it shall not use the subject land
for any purpose except as open space to permanently maintain the steep slopes.
(3) GRANTORS 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.
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.
GRANTORS:
Dated f 7/U ci by
(Notarization of GRANTOR'S signatures are att,
Dated a -7 g by 4 e'.,
Julie Burtech
(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 2009-17 of said Commission adopted on June 4, 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 ' Z 7 -
(Notarization not required)
by
Patrick Murphy
Director, Planning and Building Department
PBD\AM\g:\Covenant\09-02 8edp l .ssosesmt 2
EXHIBIT "A" SHEET 1 OF 1
OPEN SPACE EASEMENT
THAT PORTION OF LOT 7 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, BEING A POINT IN
THE CENTERLINE OF LA COSTA AVENUE AS SHOWN ON ROAD SURVEY NO.
346, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO
COUNTY; THENCE NORTH 89° 24'01" WEST ALONG THE SOUTH LINE OF SAID
LOT 7 A DISTANCE OF 51.09 FEET; THENCE NORTH 0°55' 54" WEST A DISTANCE
OF 96.00 FEET; THENCE NORTH 89°24'01" WEST A DISTANCE OF 76.68 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°24' 01" WEST A
DISTANCE OF 68.12 FEET; THENCE NORTH 33°06' 32" EAST A DISTANCE OF
158.13 FEET; THENCE SOUTH 66° 53'35" EAST A DISTANCE OF 59.10 FEET;
THENCE SOUTH 33°26' 19" WEST A DISTANCE OF 131.79 FEET TO THE TRUE
POINT OF BEGINNING.
THE DESCRIBED AREA CONTAINS 0.19 ACRES OR 8373.40 SQUARE FEET MORE
OR LESS.
UNDER THE"SUPERVISION OF:
,vl DATE Z C C
GARY LIP KA RCE 3080 EXPIRES 12131/09
SHEET 1 OF 1
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SECUON 33 FUS R4W SON
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LEGEND
OPEN SPACE EASEMENT
DRAWN BYo LIPSKA PROJECT SHT. NAME SHT. NO.
DATE, 08/20/09 BURTECH RESIDENCE EXHIBIT "B"
DWG NO, of
CASE NO. 09-028 CDP PLAT TO ACCOMPANY A 1
APPROVED BY, LEGAL DESCRIPTION
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - - - - - - - - - - - -,ter-r- - - - - - - - - - - - - - - - - - - - - - - -==~5'~'~.
State of California
County of
On 1V 27i before me,
t Datk
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personally appeared /4rnf~9i c:
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name( is% re subscribed to the
within instrument and acknowledged to me that
(ie she/they executed the same iq-61s er/their authorized
capacity(ies), and that by(~is er/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
OFFICIAL SEAL
• ; ARTHUR P AROUILLA
a' NOTARY PUBLIC- CALIFORNIA'
COMM. NO. 1628401
SAN DIEGO COUNTY
MY COMM. EXP. JAN. 7, 2010
wv~
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hapi c~and official al.-,
Signature
Place Notary Seal Above Sign ure of No y P Gc
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