2012-85411IU
Recording 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 )
DOC p 2012-0085411
IIIIIII~IIIflIiI~IhNINNIIIYIIIYIIIYIIIYIYYIVYIVYIII
FEB 14, 2012 5:48 FM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 0.00
OC. NA
PAGES: 8
SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel
No. 258-141-16 V
Case No.: 11-161 CDP
New Pointe Investment 20, LLC, a Califorma limited liability company ("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 hereinafter described on Exhibit "B" attached hereto over, upon, across, and under
the land hereinafter described on Exhibit "A" attached hereto and as shown on Exhibit "C"
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. 11-161 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. 11-161 CDP, as said
permit was issued by Resolution No. PC 2011-31 of the Planning Commission on
December 5, 2011 or as said permit may be hereinafter amended or modified pursuant to
the Municipal Code of the City of Encinitas.
(2) GRANTOR convey 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.
PBD/AM/T./Covenant\1 1- 161 CDP OpenSpaceEasement.doc
(3) GRANTOR covenant and agree for themselves and their 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 No. 11-161 CDP, as said
permits were issued by Resolution No. PC 2011-31 of the Planning Commission
on December 5, 2011, 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 No. 11-161 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 No. 11-161 CDP, as said permits were issued by Resolution
No. PC 2011-31 of the Planning Commission on December 5, 2011, 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 owners and its successors and assigns.
GRANTORS:
Dated -2 /1 4/ 2 by
IV-
Scot and trom,
esident of New Pointe
estme t , LC, a California Limited
Liability Company
(Notarizations of GRANTORS' signatures are attached.)
PBD/AM/T./Covenant\1 1- 161 CDP OpenSpaceEasement.doc 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of j"
On -M. /bl a6/c;1-before me,!~'> A ~¢~L ~IIGL~t>~Z, ,()ply f0i6c1c
Date Here Insert Name and Title of the Officer '
personally appeared JC D T 57W d IQ
Name(s) of Signer(s)
RANDA GAIL MILLJOUR
v Commission #1916144 <
X Notary Public - California
> San Diego County A
My Commission Exp. Jan. 6, 2015
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m hand and official seal
Signature
Place Notary Seal Above Si ture of Notary Public
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(soare subscribed to the
within instrument and acknowledged to me that
he /they executed the saNe i is er/their authorized
capacity(ies), and that his/ er/their signature(s) on the
instrument the person(s , or the entity upon behalf of
which the person(s) acted, executed the instrument.
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
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other-
Signer Is Representing-
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer - Title(s) _
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing:
•
Top of thumb here
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827
CITY OF ENCINITAS:
I, Larry Watt, the Interim 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 Coastal Bluff and Steep
Slope Preservation Open Space Easement all as granted hereon.
Dated Z f d./ L by 6
Watt
Interim Director of Engineering Services
(Notarization not required)
PBD/AM/T:/Covenant\11-161 CDP OpenSpaceEasement.doc
EXHIBIT "A" SHEET 1 OF 1
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT
DEED TO NEW POINTE INVESTMENT 20, LLC, RECORDED JULY 15, 2011 AS
INSTRUMENT NO. 2011-0360336, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER, THENCE NORTH 89° 39'52" WEST ALONG THE SOUTH LINE
THEREOF 430 00 FEET, THENCE NORTH 00° 50'14" EAST, 1208 34 FEET TO THE TRUE
POINT OF BEGINNING, THENCE SOUTH 89° 39'52" EAST 278.00 FEET; THENCE SOUTH
00° 50' 14" WEST 87 82 FEET, THENCE NORTH 89° 39'52" EAST 278 00 FEET, THENCE
NORTH 00° 50'14" EAST TO THE TRUE POINT OF BEGINNING.
DOU S B ST UP P.L.S 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
LAND SCR
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PAGE 1 OF 1
JE M:\2606\34\LEGAL DESCRIPTIONSM1 OPEN SPACE.docx
WO 2606-0034 1/31/12
EXHIBIT "B" SHEET 1 OF 1
LEGAL DESCRIPTION
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT
DEED FROM MAX DAVID KOLB TO NEW POINTE INVESTMENT 20, LLC, RECORDED JULY
15, 2011 AS INSTRUMENT NO. 2011-0360336 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS-
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE NORTH 88°56'09" WEST ALONG THE SOUTH LINE
THEREOF 430.00 FEET THENCE NORTH 01 ° 33'37" EAST, 1208.34 FEET TO THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN SAID DEED TO NEW POINTE
INVESTMENT 20, LLC; THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF
SOUTH 88° 56'29" EAST, 125.11 FEET TO THE TRUE POINT OF BEGINNING, THENCE
CONTINUING ALONG SAID NORTHERLY LINE SOUTH 88° 56'29" EAST, 52.71 FEET TO
THE WEST LINE OF THE OPEN SPACE EASEMENT DESCRIBED IN AN OPEN SPACE
DEED RESTRICTION RECORDED AUGUST 5, 1994 AS INSTRUMENT NO 1994-0480778,
THENCE SOUTHERLY ALONG SAID WEST LINE SOUTH 01 ° 20'56" WEST, 86.94 FEET TO
THE NORTHERLY LINE OF LAND CONVEYED TO ZINNEDER IN GRANT DEED
RECORDED SEPTEMBER 30, 1959 IN BOOK 7961, PAGE 438 OF OFFICIAL RECORDS;
THENCE LEAVING SAID WEST LINE WESTERLY ALONG SAID NORTHERLY LINE NORTH
88° 53'54" WEST, 22 00 FEET, THENCE LEAVING SAID NORTHERLY LINE NORTH 16° 01'
32" WEST, 25 41 FEET, THENCE NORTH 11 ° 10'44" WEST, 16 30 FEET, THENCE NORTH
29° 17' 19" WEST, 27 58 FEET, THENCE NORTH 11 ° 04'03" WEST, 12 97 FEET, THENCE
NORTH 13° 42'38" WEST, 10 58 FEET TO THE TRUE POINT OF BEGINNING.
0 LAND SCR
~P5 B. ST G~~
L.S. 8553
DOU S B SP L.S 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC s9~F F
OF CAL1
PAGE 1 OF 1
.JE MA2606\34\LEGAL DESCRIPTIONSM2 OPEN SPACE.docx
WO 2606-0034 1/31/12
EXHIBIT "C"
a
OPEN SPACE EASEMENT
EMCIMITAS BLVD
R EJECT
SHEET 1 OF 2 SHEETS
Z
REQUEZA ST o N
R
o
S
z
SANTA FE DR
APN: VICINITY MAP
258-141-16 NOT TO SCALE
LEGEND:
® INDICATES OPEN SPACE EASEMENT GRANTED HEREON
AREA = 3223 SQ. FT, MORE OR LESS
INDICATES RECORD DATA PER GRANT DEED RECORDED JULY 15, 2011 AS DOC NO. 20 1 1-0360336
P.O.C. INDICATES POINT OF COMMENCEMENT
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
EASEMENT LEGEND:
Q INDICATES AN EASEMENT FOR ROAD PURPOSES AND INCIDENTAL PURPOSES IN THE DOCUMENT
NO. 1994-480778, OF OFFICIAL RECORDS.
LAND
~~O SCR
O
ti~~ 8 S~ `gyp
?
HUNSAKER
& ASSOCIATES L.S. 8553
SAN DIEGO, INC
PUNNING 9707 waples Sveec DOUG STR P / L.S. 8553
O
ENGINEERING San Diego, Ca 97121 OF CA
LF
SURVEYING PH(858)55&4500• FX(858)55&1414
R.•\ 1078\&Map\EP Open Space El Camino SHT O1.dwgQJon-31- Z
2012:11 18 W.0. 2606-0034
RECORDED SEPTEMBER 14, 1994 AS DOC. NO. 1994-54741Z OF OFFICIAL RECORDS.
INDICATES AN EASEMENT FOR A LINE OF POLES, WIRES FOR TRANSMISSION, DISTRIBUTION OF
ELECTRICITY AND INCIDENTAL PERPOSES PER DOCUMENT RECORDED APRIL 12, 1953 AS BOOK 4838,
PAGE 546, OF OFFICIAL RECORDS.
Q INDICATES "OPEN SPACE DEED RESTRICTION" PER DOCUMENT RECORDED AUGUST 5, 1994 AS DOC.
EXHIBIT " C93 SHEET 2 OF 2 SHEETS
OPEN SPACE EASEMENT
EASEMENT LEGEND:
Q INDICATES AN EASEMENT FOR ROAD PURPOSES AND INCIDENTAL PURPOSES IN THE DOCUMENT
RECORDED SEPTEMBER 14, 1994 AS DOC NO. 1994-547412, OF OFFICIAL RECORDS.
INDICATES AN EASEMENT FOR A LINE OF POLES, WIRES FOR TRANSMISSION, DISTRIBUTION OF
ELECTRICITY AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED APRIL 12, 1953 AS BOOK 4838,
PAGE 546, OF OFFICIAL RECORDS.
Q INDICATES "OPEN SPACE DEED RESTRICTION" PER DOCUMENT RECORDED AUGUST 5, 1994 AS DOC.
NO. 1994-480778, OF OFFICIAL RECORDS.
00
ZZI
1
I
A
A
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(N89'39'52W 278.00)
N88'56 29 "W 125.11 ' TP.O. N88.5629 "W
5271
N13'42 38W
10.58'
N11-04'03"W
12.97' WEST LINE OF THE OPEN
cd SPACE DEED
PARCEL GRANTED TO N29'17'19"W RESTRICTION RECORDED
NEW POINTE INVESTMENT 2758' k" AUGUST 5, 1994 AS
PER GRANT DEED h INSTRUMENT NO.
RECORDED JULY 15, N11'10 44W 1994-0480778 OF
2011 AS DOCUMENT NO. 16 30' OFFICIAL RECORDS.
2011 - OJ6O3J6, OF o
Z
OFFICIAL RECORDS. N16'01 '32"W
25.41 '
NORTHERLY LINE OF THE LAND N88'S3'54 W
CONVEYED TO ZINNEDER IN A GRANT 22.00' I
DEED RECORDED SEPTEMBER 30, 1959
IN BOOK 7951, PAGE 438 OF I
OFFICIAL RECORDS ~S~Co BD SGT`
✓J 14433 1 O, O
R OS P I
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L.S. 8553
I
I
F CAV-11*
DOUG S. TR L. . 8553 SOUTH EAST I
CORNER, S. E.
4 N.
' 15E 114
CAMINO EL DORADO EC.
N88'56 09 W 430_.00' - _
(N69'39 52 W 430.00) P 0. C.
HUNSAKER
& ASSOCIATES
SAN DIEGO, INC
40 0 40 80 120
PLANNING 9707 w-l- Saeet SCALE 1 40
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)55&45M. FX(858)55&14U
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