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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 O m n z cn A 'O \ 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