2011-95713iJ p Recording Requested By and
When Recorded Mail To:
Ut
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY )
III IIII III II III VIII VIII VIII VIII Ildl Ilnl Iltll YNI MNI IIN III
FEB 18, 2011 11:14 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel
✓
Nos.: 261-145-28 & -29
Case No. 05-125 DR/V/CDP
Kilkenny Hill House, 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. 05-125 DR/V/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. 05-125 DR/V/CDP, as said
permit was issued by Resolution No. PC 2008-20 of the Planning Commission on May 15,
2008 or as said permit may be hereinafter amended or modified pursuant to the Municipal
Code of the City of Encinitas.
(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. 05-125
DR/V/CDP, as said permit was issued by Resolution No. PC 2008-20 of the Planning
PBD\RS\T:\Covenant\05-125DRVCDP.SSOSESMT.doc 1
Commission on May 15, 2010 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
open space easement.
(B) That, except as authorized by Case No. 05-125 DR/V/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. 05-125
DR/V/CDP, as said permit was issued by Resolution No. PC 2008-20 of the Planning
Commission on May 15, 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
Sjirk W. Zij
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
of Kilkenny Hill House, LLC
I, Peter Cota-Robles, the Director of Engineering Services of the City of Encinitas, by authority
conveyed by Resolution No. 94-107 adopted by the City Council of the City of Encinitas on November
9, 1994, have accepted on behalf of the City of Encinitas the Steep Slope Preservation Open Space
Easement all as granted hereon.
Dated
(Notarization not required)
by
M 40 Peter Cota-Robles
Director of Engineering Services
PBD\RS\T:\Covenant\05-125DRVCDP.SSOSESMT.doc 2
ACKNOWLEDGMENT
State of California
County of Gf 6~D' )
On d before me, Comella A.011sor. Nntaru Public
(insert name and title of the offic
personally appeared
who proved to me on the basis ol0sratisfactory eviden4e 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 PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. A. ELLISOR
Commission No'1829367 n
Y PUBLIC. CALIFORNIA @CORNELIA
NOTAR
SAN DIEGO COUNTY
ommission ExPims Jan 10, 2013
Signatur " (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
OPEN SPACE EASEMENT
(APN: 261-145 - 28 & 29)
THAT PORTION OF LOT 1 IN BLOCK "D" OF CARDIFF, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 14, 1910, TOGETHER WITH A PORTION OF THE
NORTHEASTERLY HALF OF OXFORD AVENUE, LYING ADJACENT TO THE
SOUTHWESTERLY LINE OF SAID LOT 1, AS VACATED AND CLOSED TO PUBLIC
USE BY RESOLUTION RECORDED OCTOBER 17, 1977 AS FILE NO. 77-425225 OF
OFFICIAL RECORDS, MORE PARTICULARY DESCRIBED FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE VACATED CENTERLINE OF SAID
OXFORD AVENUE WITH THE EASTERLY LINE OF SAID MAP NO. 1298; THENCE
ALONG SAID VACATED CENTERLINE NORTH 30° 40'00" WEST 103.41 FEET;
THENCE AT RIGHT ANGLES TO SAID VACATED CENTERLINE NORTH
59°20'00"EAST 4.43 FEET; THENCE PARALLEL WITH SAID VACATED CENTERLINE
SOUTH 30° 40'00" EAST 10.30 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 5.00 FEET, A RADIAL TO SAID POINT
BEARS SOUTH 59° 20'00" WEST; THENCE SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE 8.51 FEET THROUGH A
CENTRAL ANGLE OF 97° 31'44' ; THENCE NORTH 51 ° 48'16" EAST 13.50 FEET;
THENCE NORTH 38° 11'44" WEST 1.51 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET,
A RADIAL TO SAID POINT BEARS SOUTH 49° 44'48" EAST; THENCE
NORTHEASTERLY, NORTHERLY AND NORTHWESTERLYALONG THE ARC OF SAID
CURVE 10.95 FEET THROUGH A CENTRAL ANGLE OF 62° 43'26" TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 38.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 73° 32'39" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 10.42 FEET
THROUGH A CENTRAL ANGLE OF 15° 42'52" TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 8.00 FEET,
A RADIAL TO SAID POINT BEARS SOUTH 76° 10' 44" EAST; THENCE
NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE 10.39 FEET THROUGH A CENTRAL ANGLE OF 74° 26' 07"; THENCE NORTH 6°
48' 16" EAST 6.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 57.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 20° 06'43" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE 16.12 FEET THROUGH A CENTRAL ANGLE OF 16° 12' 21"; THENCE
NORTH 86° 05'38" WEST 17.26 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF A 6.50 FEET, RADIAL TO SAID POINT
BEARS SOUTH 3° 54'22" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE 4.88 FEET THROUGH A CENTRAL ANGLE OF 43° 02' 44" TO A POINT
ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEED RECORDED DECEMBER
5, 2005, AS DOCUMENT NO. 2005-1043 812 OF OFFICIAL RECORDS; THENCE ALONG
SAID NORTHERLY LINE NORTH 85° 25' 50" EAST 43.06 FEET TO THE EASTERLY
LINE OF SAID MAP NO. 1298; THENCE ALONG SAID EASTERLY LINE SOUTH 9° 10'
37" EAST 140.51 FEET TO THE POINT OF BEGINNING.
CONTAINS 2,256 SQUARE FEET, MORE OR LESS
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a
o91p p0
doo EXHIBIT 'B'
OPEN SPACE EASEMENT PLAT
y APN : 261 - 145 - 28 & 29
L07' 2 IAPN,267' j45 26l
BLOCK "D'
MAP JVO, J298
NORTHERL Y LINE OF LAND
DESCRIBED IN DEED REC. DEC. 5,
2005 AS DOC. NO.
. 2005-1043812 OF O.R.
yep `L ~l~
2
NORTHEASTERL Y HALF OF
OXFORD AVE., VACATED &
CLOSED TO PUBLIC USE Vg- ,
BY RESOLUAON REC. N85'25050"E~46. 8~„_
OCTOBER 17, 1977 AS FILE 43.06 N
NO. 77-425225 OF O.R. " - -A-
3.12-` L5
VACATED CENTERLINE OF
OXFORD AVE N2923'l0"E (R)CIA N
o. N7670'44 "W-(R1
LEGEND : 'J- a.? ,
~~~9sy J ~1
INDICA TES OPEN SPACE (R r
EASEMENT LINE
INDICATES OPEN SPACE -L3 '
EASEMENT AREA GRANTED 10,
z
HEREON 4, `D
Cl
may, L07' w
INDICATES PROPERTY LINE PER
DEED REC. DEC. 5, 2005 AS - - - - 9aq~p'
DOC. NO. 2005-1043812 OF O.R.
DATA TABLE : - 1
N0. DELTAAEARING RADIUS LENGTH
L1 N30'40'DO"W 10.30' EASTERLY LINE OF
MAP NO. 1298
L2 N5148'160E 1350'
L3 N3871'44"W 1.51' ~cT
L4 N06 48'16"E 6.2T L5 N86*05'380W 17.26
L6 N5920 00 E 4.43
Cl 4=97:31'44" 5.00' 8.51' o
C2 A=62'43'26* 10.00' 10.95'
C3 A=15'4252' 38.00' 10.42, NO. 7655 Exp. 110 C4 A=7426'07' 8.00' 10.39' ~ 1~ i
C5 A=167221" 57.00' 16.12'
C6 4=43V244" 6.50' 4.88' 9T 0 .¢t `
° CALSFC
--SAMPO ENGINEERING, INC. P.O.B.
U: (760) 436-0660 FAX (760) 436-01159