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
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LOT 182
MAP 4564
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LOT 183
MAP 4564
LOT 184
MAP 4564
LOT 185
MAP 4554
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LOT 179
MAP 4564
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