2009-280382Recording Requested By and )
When Recorded Mail To: )
City Clerk
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY) SPACE .
DC° p 2009-0280382
MAY 27, 2009 10:32 AM
OFFICIAL RECORDS
SAM DIEGO COLINTYRECORDER OFFICE
DAVID L. BUTLER: COUNTY RECORDER
FEES: 25.00
OC: NA
PAGES: 6
1111111 IIIII IIIII 11111 11111 IIIII Kill IIIII IIIII IIIII IIIII IIIII IIIII Kill IN Till
r~ GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessors Parce~ Case No. 09-016 CDP
J
r PY~ No. 262-032-55& 262-023-14 Building Permit No. 09-393-394
William W. and Adelina M. Kazmierowicz, husband and wife as joint tenants ("GRANTOR"
hereinafter), do hereby grant, convey and dedicate an open space easement to the CITY OF
ENCI ITAS, 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. 09-016 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. 09-016 CDP, as said permit was
issued by Resolution No. PC 2009-14 of the Planning Commission on May 7, 2009 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.
(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. 09-016
PBD\AM\g: \Covenant\09-016cdp. ssosesmt
CDP, as said permit was issued by Resolution No. PC 2009-14 of the Planning
Commission on May 7, 2009 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. 09-016 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. 09-016
CDP, as said permit was issued by Resolution No. PC 2009-14 of the Planning
Commission on May 7, 2009 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 5 / A,k c
by-
Adelina M. Kazmierowicz
Dated -5.L2- z- / Q < by
William W. Kaz ie owicz
(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 2009-14 of said Commission adopted on May 7, 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 - r
(Notarization not required)
by
Patrick Murphy
Director, Planning and Building Department
PBD\AM\g:\Covenant\09-016cdp.ssosesmt 2
EXHIBIT "A"
LEGAL DESCRIPTION
STEEP SLOPE AND OPEN SPACE EASEMENT
Page 1 of 1
A portion of the land described in Deed to William W. Kazmierowicz and Adelina M.
Kazmierowicz recorded May 15, 2008 as Document No. 2008-0263368, being also a
portion of Block "F" of Palomares Heights, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 2114, filed in the Office of the County
Recorder of San Diego County, June 19, 1928, described as follows:
Beginning at a point in the Easterly line of said Block "F" distant thereon South 00°09'09"
West 2,534.05 feet from the NorthEasterly corner of said Block "F"; thence North
89°50'51' West along the Northerly boundary of said Kazmierowicz' land 314.16 feet;
thence leaving said Northerly boundary South 02°05'00" West 27.56 feet; thence South
09°44'15" East 55.61 feet; thence South 40°31'10" East 50.31 feet to the point on the arc
of a non-tangent 35.00 foot radius curve, concave Northerly, to which a radial line bears
South 28°43'02" West; thence Easterly along the arc of said curve 42.03 feet through a
central angle of 68°48'41" to a point on the arc of said curve to which a radial line bears
South 40°05'39" East; thence South 51 °41'35" East 9.23'; thence South 17°51'44" East
10.94 feet to a point on the Southerly boundary of said Kazmierowicz' land; thence South
89°50'51" East 222.05 feet to a point on the Easterly boundary of said Kazmierowicz
land; thence North 00°09'00" East 132.30 feet, more or less, to the True Point of
Beginning.
Contains 0.902 Acres
BRIAN Z~
rip y DONALD
No. 26175
CIVIL Q.
\~q%, 3l- !0 CIVIL
~
EXHIBIT "B"
STEEP SLOPE AND OPEN SPACE EASEMENT
PROJECT No. CDP 09-016
APN 262-023-14 PAGE 1 OF 2
PROJECT BOUNDARY
SCALE: 1" = 150'
0 50 100 150 200 250 300
I
I 1
NE Cor Block T"
-
5' 25
-
I
I
262-02252
o
PARCEL 1
i
I
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262-02253
'
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PM 20349
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262-022-43
°
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N79
58
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°
'
"
'
20.62' PARCEL 2
282080-10
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N69
12
11
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~l-N864'
'
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262-02242
i
N 79°42'11" E 259.18
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N86°04'22"W 67.55'
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254.50' ZJ_ - 229.24' Z
85.
- -
- - -
1
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- N 79°42'11 E 568.97'
N8
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262-032-47
9
50'Sj`W
339.32t ~
262-160-08
SEE DETAIL, PAGE 2
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BRIAN 0
144-if DONALD ct+
EXISTING PRIVATE ROAD AND UTILITIES EASEMENT PER GRANT DEE
RECORDED MAY 15, 2008 AS DOC No. 2008-0263368
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F,77177117-117
OPEN SPACE EASEMENT GRANTED TO THE CITY OF ENCINITAS HER 0.
n
EXHIBIT "B"
STEEP SLOPE AND OPEN SPACE EASEMENT
PROJECT No. CDP 09-016
APN 262-023-14
' 7 1' E 85.23.
N 7g
SCALE: 1" = 60'
0 25 50 75 100
i
N22°22'05"W
In
rn
ih
N
in
N
Z
N 89°50'51" W 339.32'±
U
BRIAN
DONALD
No. 26175
CIVIL
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CA F
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DETAIL - STEEP SLOPE AND OPEN SPACE EASEMENT
PAGE 2 OF 2
N89°50'51 "W 368.61'±
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/ - OPEN SPACE EASEMENT GRANTED TO THE CITY OF ENCINITAS H
ALL-PURPOSE ACKNOWLEDGMENT
State of California
.
County of S4„a WW) SS.
On Ay'( y-1 L,60~ ,beforeme, ~4,s►rn,n„ (c
DATE:
personally appeared ~)-LuA-,. 'J - PI&I 064,7-j V- 4"'3 hk~kc.ji,%, dl who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) ar subscribed to the within instrument
and acknowled ed to me that Dk/sbke/ e} executed the
same iZ:5 hei authorized capacity(ies), and that
by ~ 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
CASMIR KAZMIEROYYICZ laws of the State of California that the foregoing
IOMM.# 1164578
N @M HoTARY we~+c•c~uFOrou~ N paragraph is true and correct.
S4, DIEOO cwm
r COW. Ex1, SEAT, 28, 2011
WITNESS my hand and official seal.
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