2014-262768 DOC ## 2014-0262768
` 111111111111111111111111111111111111111111111111111111 IN
' Recording Requested By and )
When Recorded Mail To: ) JUN 24, 2014 4:26 PM
OFFICIAL RECORDS
J 1 ) SAN DIEGO COUNTY RECORDER'S OFFICE
Y ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 0.00
City Clerk ) OC: NA
l� City of Encinitas > PAGES' 5
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) I I�IIII�IIII��III��III I�I�I VIII�IIII IIIII'llll��III��III 111111111111111111111111 IN
FOR THE BENEFIT OF THE CITY ) SPACE
GRANT OF STEEP SLOPE AND BIOLOGICAL PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel DOCILHOENTARY TRANSFER TAX$ 0 Case No. 10-158 DR/CDP
No. 262-032-16 v/ Grading Permit No. 11783-G
�} Janis E. Maloy ("GRANTOR" hereinafter), do hereby grant, convey and dedicate an open space
t 1N 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 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 easterly of existing inland bluff not disturbed
by the grading as shown on the approved project drawings for Case No. 10-158 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 including clearing of
biological habitat, except as is permitted by Case No. 10-158 DR/CDP, as said permit was
issued by Resolution No. PC 2012-11 of the Planning Commission on April 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 including clearing of
biological habitat, other than such buildings, structures, grading, or other things as
are permitted by Case No. 10-158 DR/CDP, as said permit was issued by
Resolution No. PC 2012-11 of the Planning Commission on April 5, 2012 or as said
permit may be hereinafter amended or modified pursuant to the Municipal Code of
the City of Encinitas.
t
(B) That, except as authorized by Case No. 10-158 DR/CDP, it shall not use the subject
land for any purpose except as open space and to permanently maintain the steep
slopes and biological habitat.
(C) That it shall not excavate or grade or permit any excavating or grading to be done
or, clearing and grubbing of vegetation and disturbance of land within an
environmentally sensitive area, 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. 10-158 DR/CDP, as said permit was
issued by Resolution No. PC 2012-11 of the Planning Commission on April 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 to which the subject land
may be put. This easement shall bind the owner and its successors and assigns.
GRANTOR:
Dated /7 by
anis E. Maloy
(Notarization of GRANTOR'S signatures is attached.)
CITY OF ENCINITAS:
I accept on behalf of the City Council 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, that the City of
Encinitas consents to the making of the foregoing Grant of Steep Slope and Biological Preservation
Open Space Easement and consents to recordation thereof by it my a o zed officer.
Dated 6/2-31/� by
' Glenn Pruim,
Engineering and Public Works Director
(Notarization not required)
2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of S.4NJ DlE�o
On S -14 - 14 before me, J OSEPI-I C Y(y H It S A No 7-' "P Y
(here insert name and title of the officer)
personally appeared J 4 tai I S t= M A L n `(
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. JOSEPH C.YUHAS
Commission N 1963940
WITNESS my hand and official seal. Notary Public-csiifornis
Son Diego County
/
My Comm.E ires Dec 16 2015
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EXHIBIT "A"
OPEN SPACE EASEMENT
AN EASEMENT FOR OPEN SPACE PURPOSES OVER, UNDER, ALONG AND ACROSS
THAT PORTION OF BLOCK F OF PALOMAR HEIGHTS , IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO 2114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
JUNE 19, 1928, AS DESCRIBED IN A DEED TO JANIS MALOY RECORDED JUNE 4,
1997 AS DOCUMENT NO 1997-262797 OF OFFICIAL RECORDS OF SAID COUNTY,
SAID EASEMENT LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE EASTERLY TERMINUS OF THAT COURSE IN THE
SOUTHERLY BOUNDARY OF SAID MALOY LAND DESCRIBED AS N87 050'33"E
104.01 FEET, SAID POINT BEING ON THE WESTERLY LINE OF SAID BLOCK F;
THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MALOY
LAND S89° 06' 30"E (S89°50'51"E RECORD) 272.89 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID BOUNDARY N22 007'43"E 17.41 FEET TO THE
BEGINNING OF A NON-TANGENT 18.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL LINE TO SAID CURVE BEARS S52°54'29"W; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 33.21 FEET THRU A CENTRAL
ANGLE OF 105 042'30" TO THE BEGINNING OF A NON-TANGENT 18.00 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE BEARS
S49 032'55"W; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 23.48 FEET
THRU A CENTRAL ANGLE OF 74 044'30"; THENCE NON-TANGENT TO SAID CURVE
N11°18'51"E 9.97 FEET; THENCE N16 015'30"W 16.29 FEET; THENCE N29°54'07"W
16.55; THENCE N77°57'23"W 15.28 FEET TO THE POINT OF TERMINUS IN THE
NORTHERLY LINE OF SAID MALOY LAND. SAID POINT BEARS EASTERLY 161.58
FEET FROM THE INTERSECTION OF THE WESTERLY LINE OF SAID BLOCK F AND
THE NORTHERLY LINE OF SAID MALOY LAND.
CONTAINING 40,861 SQ. FT. MORE OR LESS
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