2009-625718DO # 2009-06257 1
. Recording Requested By and
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
p When Recorded Mail To: )
) NOV 09, 2009 3:59 PM
I r ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
4 City Clerk ) FEES: 0.00
OC: NA
City of Encinitas ) PAGES: 7
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) 1111111 VIII VIII VIII 111111 VIII Hill Hill VIII Hill Hill Hill VIII VIII IIII IIII
FOR THE BENEFIT OF THE CITY) SPACE _
GRANT OF BIOLOGICAL AND STEEP SLOPE PRESERVATION OPEN SPACE
r EASEMENT
Assessor's Parcel ✓ Case No. 06-164 TPM/CDP
No. 216-122-15 and 254-631-14 Grading/ Improvement Plan No. 10042
Carolyn Hodges, Sandra Files, Gloria Ives, Janice Deshotel and Donnie L. Philips, Trustee of the
Arthur T. Philips, Jr. and Donnie L. Philips 1990 Living Trust, and Trustee of the Decedent's Trust of
the Arthur T. Philips, Jr. and Donnie L. Philips 1990 Living Trust dated July 16, 1990 and Trustee of
the Survivor's Trust of Arthur T. Philips and Donnie L. Philips 1990 Living Trust date July 16, 1990
("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. 06-164 TPM/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. 06-164 TPM/CDP, as said
permit was issued by Notice of Decision PBD-2008-34 approved by the Planning and
Building Director on June 5, 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.
PBD\AM\g:\Covenant\06-164tpm. ssosesmt
t'
(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. 06-164
TPM/ CDP, as said permit was issued by Notice of Decision PBD-2008-34 approved
by the Planning and Building Director on June 5, 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. 06-164 TPM/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. 06-164
TPM/CDP, as said permit was issued by Notice of Decision PBD-2008-34 approved
by the Planning and Building Director on June 5, 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 /G -
Dated /%0 - / S O
Dated l,,~ / - Y,
PBD\AM\g:\Covenant\06-164tpm. ssosesmt
by 7
Carolyn Hodges
by
Sandra Files
by ~Z Z,
Gloria Ives
2
Dated ` • j - O ~ by
Janice Deshotel
Dated •s C~ by Ie '
Donnie L. Philips, Trustee of Decedent's Trust of the
Arthur T. Philips, Jr. and Donnie L. Philips 1990
Living Trust dated July 16, 1990, the Arthur T.
Philips, Jr. and Donnie L. Philips 1990 Living
Trust dated July 16, 1990. Trustee of the
Survivor's Trust of Arthur T. Philips and Donnie L.
Philips 1990 Living Trust dated July 16, 1990.
(Notarization of GRANTOR'S signatures are attached.)
CITY OF ENCINITAS:
I certify on behalf of the Planning and Building Director of the City of Encinitas, pursuant to authority
conferred by Notice of Decision PBD-2008-34 approved on June 5, 2008, that the City of Encinitas
accepts/ consents to the making of the foregoing Grant of Steep Slope Preservation Open Space
Easement and accepts/ consents to recordation thereof by its duly authorized officer.
Dated i` Z 9 by
Tom Curriden, City Planner
(Notarization not required)
PBD\AM\g:\Covenant\06-164tpm.ssosesmt 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,A
Da e n ,p Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
RANDA G. MILUOUR
Commission 61709664
Notwy vabk - C Wornie
San Diego County
My Exp. Jan. 6, 2011
Place Notary Seal Above
who proved to me on the basis of s tisfactory evidence to
be the person(s) whose name(s is/ 4e subscribed to the
within instrument and ackno edged to me that
h she/ ey executed the sam . hi er heir authorized
capacity(ies), and that by h her/ eir signature(s) on the
instrument the person(s), or a 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 m hand and official seal.
Signature ~Ctito~F~
Signature Diary 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: 416407' OF QlOGOG/Cly-L, -4SZEEP aLOIZ P9E6E4 V4VO&
Document Date: y r 1 5109 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 00A)A-)11~_ L• 6qIL.4-I P3 Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
[ Xttorney in Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C04KO L-LI,U t17JY~F;r C-= s
Top of thumb here
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Si ner Is Representing:
9Gbe/f} / (jF 5
/c~ tloi FL
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
SHEET 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION OF CITY OF ENCINITAS TRACT NO. 06-164
The South Quarter of the West Half of the Southwest Quarter of the Southwest Quarter in
Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to the official plat thereof.
Also, Lot 22 of City of Encinitas, Tract No. 98-094, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 13778, filed in the office of the County
Recorder of San Diego County, May 10, 1999.
La 5211
t cP. 06/301111,
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SHEET 1 OF-1
EXHIBIT "A"
BIOLOGICAL & STEEP SLOPE OPEN SPACE EASEMENT LEGAL DESCRIPTION
A portion of the South Quarter of the West Half of the Southwest Quarter of the Southwest
Quarter in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to the official plat thereof, and a portion of
Lot 22 of City of Encinitas, Tract No. 98-094, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 13778, filed in the office of the County
Recorder of San Diego County, May 10, 1999, more particularly described as follows:
Beginning at the Southeast Corner of said South Quarter of the West Half of the Southwest
Quarter of the Southwest Quarter in Section 35; Running thence North 89°34'11" West along
the Section Line 84.60 feet to the Northeast Corner of said Lot 22; thence South 00°21'04" West
29.78 feet to the southeast corner of said Lot 22; thence along the south line of said Lot 22
North 89°37'29" West 16.08 feet; thence departing said line North
33°58'19" East 12.62 feet; thence North 06°05'49" East 59.92 feet; thence
North 29°08'46" East 22.95 feet; thence North 45°09'36" East 39.04 feet;
thence North 32°27'28" East 44.42 feet; thence North 18°46'17" East 40.01
feet; thence North 19°20'17" West 35.87 feet; thence North 06°35'35" West
31.10 feet; thence North 18°26'14" West 32.20 feet; thence North 63°20'13
West 18.38 feet; thence North 03°50'04" West 41.88 feet; thence North
15°09'38" East 25.85 feet to the north line of said South Quarter of the West Half of the
Southwest Quarter of the Southwest Quarter in Section 35; thence South 89°30'49" East along
said line 52.94 feet to the Northeast Corner of said South Quarter of the West Half of the
Southwest Quarter of the Southwest Quarter in Section 35; thence South 00°30'39" West along
the 1/64th Section Line 333.78 feet to the Point of Beginning.
Containing 0.3729 Acres.
~ R
CLJCCT 4 nC
EXHIBIT "8"
N15 '09 ' 38 "E
25.85'
N03 '50 ' 04 "W
41.88'
S89 '30 ' 49 "E
52.94'
N53020'13"W f
18.38 '
Ni8'26'14"W~
32.20'
0~140 N06 '35 ' 35 "W
31.10 '
PARCEL 3 PARCEL 4 N19020'17"W
TPM 06-164 TPM 06-164 35.87'
N18 046'1 7"E
40.01 '
N32 '27'28"E
44.42'
N45 '09 ' 36 "E
39.04'
N29 008'45"E
22.95'
N05 '05 ' 49 "E -
59.92'
LOu 2& mu ~ OTT
N33 '58'19"E 12.62 ' -
N89 '37 ' 29 "W
16.08 '
N89 034'11 "W
84.60'
SOO *21'04"N
29.78 '
INDICATES BIOLOGICAL & 51EEP
SLOPE OPEN SPACE EASEMENT
NORTHEAST CORNER
SIA W112, SW114,
SW114, SECTION 35
rn
0
0
cn
C.
LS 5211
~ 06/30/
POINT OF BEGINNING
SOUTHEAST CORNER
SIA W112, SNIA
SW114, SECTION 35
PASCO ENGINEERING
(858) 259-8212
535 N. HWY 101, STE. A
SOLANA BEACH, CA 92075
PF 147P MAP