2009-615396l
c~
DO # 2009-0615396
• ~ 11111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By and ) NOV 04, 2009 10:012 AM
When Recorded Mail To: ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
City Clerk )
City of Encinitas IIIII NIII IIII IIII IIII 111111111111111111111 IIII IIII III
505 S. Vulcan Avenue 7367 )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF COASTAL BLUFF & STEEP SLOPES CONSERVATION OPEN SPACE
EASEMENT
Assessor's Parcel
No. 256-011-09
DOCUMENTARY TRANSFER TAX I t)
Case Nos.: 00-113 MUP/CDP &
08-087 MUPMOD/CDP
Grey Diamond Marketing, Inc. ("GRANTOR" hereinafter), does 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 and bluff face not disturbed or restored by
the grading as shown on the approved project drawings for Case No. 00-113
MUP/CDP/EIA and Case No. 08-087 MUPMOD/CDP. No building, structure or other
improvements whatsoever shall be constructed, erected, placed or maintained on the
subject land, nor shall grading be performed, except as is permitted by Case Nos. 00-113
MUP/CDP/EIA & 08-087 MUPMOD/CDP, as said permits were issued by Resolution
Nos. PC 2001-11 & PC 2009-23 of the Planning Commission on March 1, 2001 and
August 6, 2009 respectively or as said permits may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas. Planting and maintenance of
new vegetation may be performed in and on the subject land provided that all new
plantings consist of native species consistent with the approvals of Case Nos. 00-113
MUP/CDP/EIA & 08-087 MUPMOD/CDP.
(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
PBD/RS/g: \Covenant\08-087MUPMODCDPCoastalBluffOpenSpaceEasement.doc
7368
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 grading or other things as are permitted by Case Nos. 00-113
MUP/CDP/EIA & 08-087 MUPMOD/CDP, as said permits were issued by
Resolution Nos. PC 2001-11 & PC 2009-23 of the Planning Commission on
March 1, 2001 and August 6, 2009 respectively or as said permits may be
hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas.
(B) That, except for those portions authorized by Case Nos. 00-113 MUP/CDP/EIA &
08-087 MUPMOD/CDP for grading and landscaping, it shall not use the subject
land for any purpose except as open space to permanently maintain the steep
slopes and bluff face.
(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 Nos. 00-113 MUP/CDP/EIA & 08-087 MUPMOD/CDP, as
said permits were issued by Resolution Nos. PC 2001-11 & PC 2009-23 of the
Planning Commission on March 1, 2001 and August 6, 2009 respectively or as
said permits 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 J~
R76nna indner, aging Member
of Grey Diamond Marketing, Inc.
Dk*1 t of Coles : 38
me
(Notarizations of GRANTOR'S signature is attached.) no
2p
of
UUy
by r
PBD/RS/g:\Covenant\08-087MUPMODCDPCoastalBluffOpenSpaceEasement.doc t or n, rotary u e, U.C.
of corrKni: on expi s tktc~er 31, 11
7359
CITY OF ENCINITAS:
I certify on behalf of the City of Encinitas, pursuant to Resolution No. PC 2009-23 dated August 6,
2009, that the City of Encinitas consents to the making of the foregoing Grant of Coastal Bluff and
Steep Slopes Conservation Open Space Easement and consents to recordation thereof by its duly
authorized officer.
Dated V. 2 240 9'
(Notarization not required)
a
by
Tom Curriden
City Planner
PBD/RS/g: \Covenant\08-087MUPMODCDPCoastalB luffnpenSpaceEasement. doc
EXHIBIT "A" 73 70
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
ALL THAT PORTION OF LOT 13 IN BLOCK 11 OF SOUTH COAST PARK NO. 2, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1859, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY, SEPTEMBER 21, 1925, TOGETHER WITH THAT PORTION OF
BLOCK D OF SAID MAP NO. 1859 BEING A WESTERLY PROLONGATION OF THE
NORTHERLY AND SOUTHERLY SIDELINES OF SAID LOT 13, THE WESTERLY TERMINUS
OF SAID BLOCK D BEING THE EASTERLY LINE OF THAT TRACT OF LAND CONVEYED
BY SOUTHCOAST LAND COMPANY TO THE COUNTY OF SAN DIEGO, BY DEED DATED
JANUARY 10, 1930, AND RECORDED IN BOOK 1731, PAGE 138 OF DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING WESTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13, AS SHOWN ON RECORD
OF SURVEY MAP NO. 14309, RECORDED SEPTEMBER 16, 1993 AS FILE NO. 93-612207,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 13, NORTH 740 11'35" EAST 13.85 FEET; THENCE
LEAVING SAID NORTHERLY LINE, SOUTH 230 58'52" EAST 50.47 FEET TO THE
SOUTHERLY LINE OF SAID LOT 13.
L/V
C
CHRIS C REMELE
/o Zy o I
U No. LS 5267 O
N EXP. 12-31-09
~CF CAL~FCQ`
73'7
EXHIBI T "B"
BLOCK 11
MAP NO. 1859
O -v
2
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cn
A
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\ LOT 14 113 35'
411'35„E
N gg.50
B 794
L1 NEPTUNE AVE.
ti LOT 13
R.O.S. 14309
/ Nb 101.00
.1312.,E
L3 N 14
SCALE: 1 "=30'
LOT 12
0 -51,
2
w 2~ o,
2
NcD Nom. 0,
wo_ 2
Z
N Nom.
LIN
E DATA TA
BLE
NUMBER
DIRECTION
DISTANCE
L l
N 74'11'35" E
13.85'
L2
S 23'5852" E
50.47'
L3
S 74'13'12" W
10.51'
MAP PREPARED BY
CHRIS D. CIREMELE, LS 5267
164 S. ESCONDIDO BLVD.
ESCONDIDO, CA 92025
(760) 489-2200
E
!D Z9 og
HRI S D. CI REM LE
LIC. EXP. 1213112009
INDICATES PROPOSED
OPEN SPACE EASEMENT
NOTE:
BOUNDARY SHOWN HEREON IS
PER RECORD OF SURVEY MAP
NO. 14309.
LAND S
.cl
9A
EXP. 12/31/09
NO.5267
\OF' C .0
CITY OF ENCINI TAS
OPEN SPACE EASEMENT PLAT
794 NEPTUNE AVENUE
ENCINI TAS, CA 92024
APN: 256-011-09
SCALE. 1"=30' DATE: 10129109
. , 73'72
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7
Place of Execution
certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
~t..4. o-'~
Date
Signature of Declarant
--'~~,~-a
Type or Print Name
District of Columbia; SS
The foregoing instrument was acknowledged before me
this 30 day of Oct , 2009
by Ronna Lindner
Signature
Robert Kotchenreuther II, Notary Public, D.C.
My Commission expires October 31, 2011
4/94
Recorder Form #R9