2001-58999II IIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIII~I 3279 _
III~IIII~IIIIIIIIIIIIII20011058999 DOC # 2001-0058999
Recording Requested By. ) Fab 01 a 2001 9:19 12111
City of Encinitas ) OFFICIAL RECORDS
SAN DIEGO COIBITY RECORDER'S OFFICE
When Recorded Mail To: ) WOW J SMI , COL9IIY RE6URB
City Clerk ) FEES- 0.0(1
City of Encinitas OC: NA
505 S. Vulcan Avenue j
l Encinitas, CA 92024 )
FOR'FHE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE
1~s GRANT OF OPEN SPACE/tIABITATPRESERVATI()N EASEMENT
Assessor's Parcel No.: Project Nos.: 99-014 TPM
264-091-16,-17,-19 W.O. No.: 6494-G
Philip G. Decarion, Trustee, hereinafter called GRANTOR, does hereby grant, convey and
dedicate an open space easement to the CITY OF ENCINITAS, State of California, hereinafter
called GRANTEE, with terms, covenantsand conditionsas follows:
An easement over, upon, across, and under the lands hereinafter described on the Legal
Description attached hereto and as shown on the Open Space Easement Plat 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 the Escondido Creek not disturbed by the grading
as shown on the approved Tentative Parcel Map 99-014. No building, structure or other thing
whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall
grading, landscaping or brush removal be performed, except as is permitted by Tentative Parcel
Map 99-014 and the associated Mitigation Monitoring and Reporting Program (MMRP) of the
adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of
Encinitas, as said permit was issued by Resolution of the Planning Commission on November
18, 1999, 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
Cd/mrh/g: cov:99014tpmwesmt. cov
i
3280
thing whatsoever on the subject land, nor shall grading, landscaping or brush
removal be performed, other than such buildings, structures, grading, landscaping
or other things as is permitted by Tentative Parcel Map 99-014 and the associated
adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of
the City of Encinitas, as said permit was issued by Resolution of the Planning
Commission on November 18, 1999, or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas.
All necessary utility lines may be erected on the subject land upon review and
approval of the City of Encinitas in conformance with the Mitigated Negative
Declaration.
(B) That, except for those portions authorized by Tentative Parcel Map 99-014 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 biological resources,
and no clearing or removal of any vegetation shall be permitted except brush
clearing for fire protection purposes by written order of the Encinitas Fire
Protection Department.
(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 the City of
Encinitas 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 Tentative Parcel Map 99-014, and the associated adopted
Mitigated Negative Declaration issued pursuant to the Municipal Code of the City
of Encinitas, as said permit was issued by Resolution of the Planning Commission
on November 18, 1999, or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas. All necessary utility
lines may be erected on the subject land upon review and approval of the City of
Encinitas in conformance with the adopted Mitigated Negative Declaration.
(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 the City of Encinitas 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.
Pursuant to Special Condition SCD of the Resolution for Approval of the Tentative map, No. 99-
014, the open space easement required by the Mitigation Monitoring and Reporting Program
(MMRP) established by the Environmental Initial Assessment for this project shall be implemented
during the planning and construction of the approved project. The following mitigation measure is
required: Prior to the issuance of a grading permit, the property owner shall cause to be recorded a
covenant, acceptable to the Community Development Department, which establishes an open space
easement over all steep slopes and the Escondido Creek not disturbed by the approved grading. If
the existing or future owner fails to maintain the non-native slope landscaping on the parcels, a
future plan may be approved by the City to clear non-native plant materials on the previously
landscaped slopes and revegetate the slopes in native sage scrub and compatible non-native drought
Cd/mrh/g:cov:990 f 4tpmosesmccov
3281
tolerant species in accordance with the fire code and riparian woodland habitat respectively, by
hydroseeding and/or other methods. The existing irrigation system shall be removed upon
establishment of revegetated materials. Brushing or other removal of native or revegetated plant
materials (except in accordance with the fire code), alteration of landform, grading, trenching for
utilities, erection or placement of structures of any kind, vehicle access (except for recreational trail
maintenance), or any other disturbance of slope or biological resources within the open space
easements shall be prohibited. If measures are required to control erosion in the finger canyon the
measures shall be compatible with the rural and natural enviromnent such as natural rock check
dams.
This easement shall bind the owner and its successors and assigns.
Date: Grantor ~ &L f
Signature of Grantor shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority
conferred by Resolution of said Commission adopted on November 18, 1999, that the City of
Encinitas consents to the making of the foregoing Grant of Open Space/Slope Preservation
Easement and consents to recordation thereof by its duly authorized officer.
Date: 3 ( o
By: ~ aLp
Alan D. Archibald
Director of Engineering Services
City of Encinitas
C(Umrh/g:cov:99014tpmos smt.tov
3282
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE I ss.
On 01/26/01 ,beforeme, NANCY H. WARNER, NOTARY PUBLIC
can, Name ano Tfie 01 pricer (e.g.,'Jane Doe. Mary Public)
personally appeared PHILIP G. DECARION, TRUSTEE
Name(s) d 31gn8ge1
(N personally known to me
❑ proved to me on the basis of satisfactory
evidence
NANCY H. WARNER
_ Commtsston # i 189307 a
NotaryleublIC-California g
Orange Count'
My Comm. Expires Jul 6, 2002
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 hisiher/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
PIeCB NOley Seal Pbove $ aN a of Notary P.N.
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:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Q Individual
Top of Thumb here
C3 Corporate Officer-Title(s):
❑ Partner - ❑Limited 0 General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
0 Other:
Signer Is Representing:
019V Nallonal Notary A,;"eazron •9350 Do Solo Ave., P.O- a. 2402 • CC3taWMh. CA 91313.4402 P,od. No. 5907 Rewoer. Can TC F ae 1.600-8766927
3283
SDE 4432
January 16, 2001
FILE: ...4432surv1 Iegals\OPEN SPACE EASEMENT.doc
LEGAL DESCRIPTION
OPEN SPACE EASEMENTS
TPM 99-014
APN 264-091-60
THAT PORTION OF PARCEL "D" OF CITY OF ENCINITAS CERTIFICATE OF COMPLIANCE AS
DESCRIBED IN THE DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER5,1997 AS DOC# 1997-0614690, BEING A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
OPEN SPACE EASEMENT 1:
BEGINNING AT THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF SAID PARCEL "D';
1. THENCE ALONG THE EASTERLY LINE THEREOF NORTH 1040'36"EAST, 92.04 FEET;
2. THENCE LEAVING SAID LINE NORTH 89°55'44" WEST, 229.87 FEET;
3. THENCE NORTH 50038'02" WEST, 60.00 FEET;
4. THENCE SOUTH 101841" WEST, 22.14 FEET;
5. THENCE SOUTH 0004'16" WEST, 107.86 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL "D"';
6. THENCE ALONG SAID SOUTHERLY LINE SOUTH 89055'44" EAST, 273.19 FEET TO THE
POINT OF BEGINNING.
OPEN SPACE EASEMENT 2:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL "D";
7. THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 56°07'33"WEST, 100.00
FEET;
8. THENCE LEAVING SAID,LINE NORTH 84°05'07' WEST, 30.00 FEET;
9. THENCE SOUTH 19049'28" WEST, 90.00 FEET;
10. THENCE SOUTH 43°55'15" WEST. 70.00 FEET TO THE SOUTHWESTERLY LINE OF SAID
PARCEL "D";
11. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 43°42'24" EAST, 80.00 FEET TO
THE SOUTHEASTERLY LINE OF SAID PARCEL "D";
12. THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 43°55'15" EAST, 66.43 FEET TO AN
ANGLE POINT THEREIN;
13. THENCE NORTH 50021'34" EAST, 117.20 FEET TO THE EASTERLY LINE OF SAID PARCEL
"D";
14. THENCE ALONG SAID EASTERLY LINE NORTH 1040'36" EAST, 11.47 FEET TO THE POINT
OF BEGINNING.
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