2012-256080Recording Requested By and
IL When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY )
DDC# 2012 - 0256080
MAY 01, 2012 4:55 PM
OFFICIAL. RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 000
OC NA
PAGES: 8
SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
0� tx 1 �- DOCUMENTARY TRANSFER TAX $�---
�W Assessor's Parc5k / Case No.: 07 -188 DR/V /CDP
No 260 - 413 -15 & -16
r ��OJs he �T�14e !i'ir —L cce-1 /6,11 E%S CLc. /4 �Zt�vL;c 4, 6/e- / ✓ JS7 G[Gkajiu ic.4
Michael A. Clark (GRAN�fOR eremafter), do hereby grant, convey and dedicate an open space
easement to the CITY OF ENCINITAS, State of California ( "CITY" hereinafter), with terms, )dm
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 07 -188 DRN /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. 07 -188
DR/V /CDP, as said permit was issued by Resolution No. PC 2011 -20 of the Planning
Commission on July 21, 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 /RS /T. /Covenant \07 -188 DRVCDP OpenSpaceEasement (Lots 27 & 28)
(3) GRANTOR covenants and agrees for himself 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 grading or other things as are permitted by Case No. 07 -188 DR/V /CDP, as
said permits were issued by Resolution No. PC 2011 -20 of the Planning
Commission on July 21, 2011, 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. 07 -188 DR/V /CDP for
grading, stormwater facilities 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 Case No. 07 -188 DR/V /CDP, as said permit was issued by
Resolution No. PC 2011 -20 of the Planning Commission on July 21, 2011, 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.
GRANTORS:
Dated 4-0�4v,
by WVk--' f 10*�-
Mi el A. Clark, Trustee of the
Michael Ames Clark Revocable Trust
dated March 2, 2000
(Notanzations of GRANTORS' signatures are attached.)
PBD/RS /T. /Covenant \07 -188 DRVCDP OpenSpaceEasement (Lots 27 & 28) 2
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of J-cz n -Den o
On K1 01 before me, JOye a V-q pub 1 f C_
DaR Here Insert Name and Title of thf O icer
personally appeared 1141 c_ ko t i A C (« r
Name(s) of Signer(s)
WITNESS my hand and official seal
Signature
Place Notary Seal Above OPTIONAL Signature of Notary Public
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:C� ✓Q n /-o Sf Pep n�5_�ol.;,e Pr e 5 -eyy4 l /oso
Document Date. 0
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by $igne s)
Signer's Name ACL, C4 / t- G
-
- Corporate Officer — Title(s)
V Individual
❑ Partner — �__] Limited ❑ General rTopf thumb here
:! Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
G Other-
Signer Is Representing:
Signers Name
71 Corporate Oi
❑ Individual
• Partner — O
• Attornev-.04
Number of Pages: 3
Title(s)
J Ge
El Trustee
El Guardia4 or Conservator
_) Other-
Signer Is Representing:
w vv 1 —lunar 1--y mssocianon - Nauonauvotary.org - 1- 8UU -US NUT ARY (1- 800 - 876 -6827) Item #5907
who proved to me on the basis of satisfactory
evidence to be the person() whose name(,6) is /arc
subscribed to the within instrument and acknowledged
to me that he /sheAhey executed the same in
his /hefAheir authorized capacity(.ies), and that by
his /he#t+teir signature(8) on the instrument the
JOVE DAWN CATO
person(s), or the entity upon behalf of which the
Commission 0 1964382
person(49) acted, executed the instrument.
Le Noury Public - CNHornis
San MOP County
Comm. ires Jan 18 2016
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
Signature
Place Notary Seal Above OPTIONAL Signature of Notary Public
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:C� ✓Q n /-o Sf Pep n�5_�ol.;,e Pr e 5 -eyy4 l /oso
Document Date. 0
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by $igne s)
Signer's Name ACL, C4 / t- G
-
- Corporate Officer — Title(s)
V Individual
❑ Partner — �__] Limited ❑ General rTopf thumb here
:! Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
G Other-
Signer Is Representing:
Signers Name
71 Corporate Oi
❑ Individual
• Partner — O
• Attornev-.04
Number of Pages: 3
Title(s)
J Ge
El Trustee
El Guardia4 or Conservator
_) Other-
Signer Is Representing:
w vv 1 —lunar 1--y mssocianon - Nauonauvotary.org - 1- 8UU -US NUT ARY (1- 800 - 876 -6827) Item #5907
CITY OF ENCINITAS-
I, Greg Shields, the Deputy 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 Steep Slope Preservation
Open Space Easement all as granted hereon.
Dated
Greg S ek
Deput Director of Engineering Services
(Notarization not required)
PBD RS,T Covenanr�07 -188 DRVCDP OpenSpaceEasement (Lots 27 28)
EXHIBIT A
ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS-
LOTS 27 AND 28, IN BLOCK 42 OF CARDIFF "A ", IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911.
COMMONLY KNOWN AS: APN NOS. 260 - 413 -15 AND 260- 413 -16
nom.
J,
�9
a
(Z-f,ljl le'le, 6A-
1,11
STEEP SLOPE EASEMENT APN: 260 - 413 -15 & 16
THOSE PORTIONS OF LOTS 27 AND 281N BLOCK 42 OF CARDIFF "A ", IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12,
1911, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 28 OF BLOCK 42 OF
MAP 1334; THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH
58 050' 00" WEST 24.33 FEET; THENCE SOUTH 1340' 28" WEST 7.64 FEET;
THENCE NORTH 58°50' 00" EAST 0.68 FEET; THENCE SOUTH 31010'00'
EAST 6.50 FEET; THENCE NORTH 58'50"00" EAST 1.41 FEET; THENCE
SOUTH 31° 10' 00" EAST 7.16 FEET; THENCE SOUTH 58 °50' 00" WEST 1.91
FEET; THENCE SOUTH 31010'00" EAST 5.91 FEET; THENCE SOUTH 58 °50'
00" WEST 0.33 FEET; THENCE SOUTH 31110'00" EAST 13.08 FEET;
THENCE NORTH 58 °50' 00" EAST 1.66 FEET; THENCE SOUTH 31'010'00"
EAST 11.93 FEET; THENCE ALONG THE SOUTHERN LINE OF LOT 27
NORTH 58° 50'00" EAST 11.98 FEET; THENCE ALONG THE EASTERN LINE
OF LOTS 27 AND 28 NORTH 13 °11' 00" WEST 52.57 FEET TO THE POINT
OF BEGINNING.
EASEMENT AREA DESCRIBED HEREIN = 1029.10 SQUARE FEET.
EXHIBIT - C
STEEP SLOPE EASEMENT
APNS: 260 -413 -15,16
POINT OF BEGINNING
`L
BUILDING FOOTPRINT o
9
r 20.oft �0) /
BLQeC 42 &
�o
SCALE 1"= 20'
RAY SPENCER
LS 3065 - EXP. 6/30/12
STEEP SLOPE AREA = 1029.10 SQ. FT
nr n k }
Z
N
LEGEND
— ' — PROPERTY LINE
BUILDING FOOTPRINT
STEEP SLOPE AREA
BEARINGS /DIST.
1 S 580 50'00"W 24.33'
2 S 130 40' 28"W 7.64'
N 58" 50' 00 "E 0.68'
4 S 310 10' 00 "E 6.50'
5 N 580 50' 00' E 1.41'
6 S 31* 10'00" E 7.16'
7 S 580 50'00"W 1.91'
®S31010'00'E 5.91'
09 S 580 50' 00" W 0.33'
® S31 °10'00 ' E 13.08'
® N 58° 50'00-E 1.66'
®S31 °10'00 ' E 11.93'
® N 580 50' 00 -E 11.98'
® N 13° 11' 00" W 52.57'
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of '6& & e o
0In M12— before me, 1��64 �}� /L � /LL7T�IJ%� �OrriiL' LJ PUf6�.l G
Date Here Insert Name and Title of the Officer
personally appeared z--,!�
RANDA GAIL MILUOUR
U)
Commission #1916144 <
T ' ; Notary Public - Californian
> San Diego County A
My Commission Exp. Jan. 6, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) care subscribed to the
hin instrument and acknowl ged to me that
he /they executed the same i his er /their authorized
capacity(ies), and that by is/ er /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
Signature
Signature of Notary Public
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 Top of thumb here
❑ Guardian or Conservator
❑ Other-
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave. P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.Nationa]Notaryorg Item #5907 Reorder Call Toll -Free 1- 800 -876 -6827