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2012-255926DOC # 201 2 - 0255926 Recording Requested By and IIIIIII IIII VIII VIII VIII VIII Ilill Iilll VIII VIII VIII VIII IIII IIII When Recorded Mail To: ) MAY 01, 2012 4:45 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr COUNTY RECORDER City Clerk ) FEES 0.00 oC NA City of Encinitas 505 S. Vulcan Avenue ) 10 PAGES: 5 Encinitas, CA 92024 ) I I��III ��III �IIII ��III ��I�I VIII ��III ��III ��III ��III ��III ��III ��III ��III ��III III I��I FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE 0 �1y GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel CUMENTARY TRANSFER TA Case No. 11 -041 TPM/DR/CDP ( No. 260- 523 -14 US Financial, LP ( "GRANTOR" hereinafter), 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 and described 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 or restored by the grading as shown on the approved project drawings for Case No. 11 -041 TPM/DR/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 -041 TPM /DR/CDP, as said permit was issued by Planning Commission Resolution 2012 -03 approved on January 5, 2012, 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. 11 -041 PBD /JD/TRCovenant \11 -041 TPMCDP Rady Lake Dr Steep Slopes Easement.doc Page 1 of 2 TPM /DR/CDP, as said Planning Commission Resolution 2012 -03 approved on January 5, 2012, or as said permit 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 -041 TPM/DR/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. (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 Planning Commission Resolution 2012 -03 approved on January 5, 2012, 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 t which the subject land may be put. This easement shall bind the owner and its successors and ass' ns. GRANTOR: Dated by , LP (Notarization of GRANTOR'S signature is attached.) CITY OF ENCINITAS: I certify on behalf of the City of Encinitas, pursuant to authority conferred by Planning Commission Resolution 2012 -03 approved on January 5, 2012, that the City of Encinitas consents and accepts 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 �' ZCo - Z by Tom Curriden, City Planner (Notarization not required) PBD /JDmCovenant \11 -041 TPMCDP Rady Lake Dr Steep Slopes Easement.doc Page 2 of 2 ACKNOWLEDGMENT State of California County of San Diego ) On April 11, 2012 before me, Marc Kircos, Notary (insert name and title of the officer) personally appeared Donald R. Rady who proved to me on the basis of satisfactory evidence 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 MARC KIRCOS COMM- #f 19240213 .3 ''• - NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY 0 / v CONN. EXPIRES MARCH 2 2015' Signature (Seal) Marc Kircos EXHIBIT "A" SLOPE PRESERVATION EASEMENT LEGAL DESCRIPTION COMMENCING AT THE SOUTHEAST CORNER OF LOT 179 OF POINSETTIA HEIGHTS UNIT NO. 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 4564, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 16, 1960, RUNNING THENCE ALONG THE EASTERLY LINE OF SAID LOT 179, NORTH 01 013'54" EAST (RECORD = NORTH 00 °30'15" EAST) 485.00 FEET TO THE NORTHERLY LINE OF GRANTORS PROPERTY, THENCE ALONG SAID NORTHERLY LINE, AT RIGHT ANGLES, NORTH 88 °46'06" WEST 113 93 FEET TO THE POINT OF BEGINNING; RUNNING THENCE SOUTH 01 °13'54" WEST 1 94 FEET; THENCE SOUTH 73 °2547" WEST 14 16 FEET, THENCE SOUTH 34 016'40" WEST 49.65 FEET; THENCE SOUTH 01'00'32" EAST 40.45 FEET, THENCE SOUTH 17 027'02" WEST 39.11 FEET; THENCE SOUTH 00 051'53" EAST 34.79 FEET, THENCE SOUTH 26 033'07" WEST 49.09 FEET, THENCE SOUTH 22 047'14" EAST 15 41 FEET; THENCE SOUTH 70 042'29" EAST 16.78 FEET; THENCE SOUTH 01047'21" WEST 15.70 FEET TO THE SOUTHERLY LINE OF GRANTORS PROPERTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 88 044'36" WEST 35.12 FEET TO THE WESTERLY LINE OF SAID LOT 179, THENCE ALONG SAID WESTERLY LINE NORTH 09 056'48" EAST 97 39 FEET AND NORTH 10 001'39" EAST 145 41 FEET TO THE NORTHERLY LINE OF GRANTORS PROPERTY, THENCE ALONG SAID NORTHERLY LINE SOUTH 88 046'06" EAST 45.68 FEET TO THE POINT OF BEGINNING. CONTAINING 4,674 SF (0.1073 ACRES), MORE OR LESS. PREPARED BY: BLAKE E. TORGERSE 8548 F, , �p �� LOT 182 MAP 4564 ti LOT 183 MAP 4564 LOT 184 MAP 4564 LOT 185 MAP 4554 ► ► IS88 46 - 061--E MAP 4564 •o• TION LOT 111 :: 0. • S01 *13'54"W ♦ ♦ ♦ ♦ ♦ ♦" ♦ ♦ ♦ ♦�♦ 1 PORTION LOT 179 MAP 4564 SOO 051'53"E 34.79' i♦�I S22 047'14 "E ♦� N88 044'36"N • PAR 2 PM 3145 0 0 o. o 0 J � � Q W M °z S88 '46'06 "E 121.87' PAR 1 PM 3145 SOUTHEAST CORNER LOT 179, MAP 4564 SHEET 1 OF 1 1 „_A/9 CRESTVIEW DRIVE '��ano�ensEMEvr PASCO LARET SUITER & ASSOCIATES 535 N Coast Highway 101 Ste A Solana Beach, CA 92075 ph 858.259.8212 1 ii 858.259.4812 1 pl•aeugineering.com 4/10/2012 ; 1t11881Rf M,