2015-311624 a '
DOC# 2015-0311624
Recording Requested By and)
When Recorded Mail To: )
Jun 16, 2015 04 22 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
f ) SAN DIEGO COUNTY RECORDER
U" ) FEES $2.00
City Clerk ) PCOR. N/A PAGES 6
City of Encinitas )
505 S Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel / ,�;�'�; TgRYTRAt1 ' Building Permit No 14-1823
No. 265-354-05-00✓ Grading Permit No. 12126-G
James E. Clark & Sherry L. Milner, Husband and Wife as Joint Tenants, ("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 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 not disturbed by the grading as shown on the
approved project drawings for Building Permit No.14-1823 and Grading Permit No. 12126.
No building, structure or other thing whatsoever shall be constructed, erected, placed or
maintained on the subject land, nor shall grading be performed. Native plants may be
planted and maintained in the steep slope easement. Above ground temporary irrigation
may be installed and removed after the planting has been established
(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 Building Permit
No. 14-1823 and Grading Permit 12126-G or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas. Native
plants may be planted and maintained in the steep slope easement. Above ground
temporary irrigation may be installed and shall be removed after the planting has
been established.
jbd\g:\Covenant\14-1823.bp.ssosesmt 1
(B) That, except as authorized by Building Permit No. 14-1823 and Grading Permit
12126-G, it shall not use the subject land for any purpose except as open space
and 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 Building Permit No. 14-1823 and Grading Permit 12126-G 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 X//lJ- by
mes E. Clark
(Notarization of GRANTOR'S signatures are attached.)
Dated wkhs by V,"Z44
Sherry Tner
(Notarization of GRANTOR'S signatures are attached.)
CITY OF ENCINITAS:
I certify and accept on behalf of the City of Encinitas, that the City of Encinitas consents 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 by
Glenn Pruim,
Public Works Director
jbd\g:\Covenant\14-1823 bp.ssosesmt 2
EXHIBIT "A"
OPENSPACE EASEMENT
ALL THAT PORTION OF THE EASTERLY 171 FEET OF THE NORTHERLY 128 FEET OF THE SOUTHERLY 488
FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 326, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JULY 8, 1884, AS DESCRIBED BELOW AND AS DEPICTED IN
ATTACHED EXHIBIT"B"
BEGINNING AT THE NORTHEAST CORNER OF THE SAID EASTERLY 171 FEET OF THE NORTHERLY 128 FEET
OF THE SOUTHERLY 488 FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OF SAID MAP THEREOF NO 326, SAID POINT BEING THE
POINT OF BEGINNING,
THENCE S15 004'07" W 128 00' TO THE SOUTHERLY LINE OF SAID EASTERLY 171 FEET OF THE NORTHERLY
128 FEET OF THE SOUTHERLY 488 FEET OF BLOCK 60 OF COLONY OF OLIVENHAIN, IN THE CITY OF
ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OF SAID MAP THEREOF NO 326,
THENCE ALONG THE SOUTHERLY LINE N73 026'30"W, 65.86'
TO THE TRUE POINT OF BEGINNING,
1 THENCE FORM THE TRUE POINT OF BEGINNING N73 026'30"W, 71 88,
2. THENCE N 05 005'28" E, 16 50;
3 THENCE N 63 003'03" E, 4 69,
4 THENCE S 82 016'05" E, 12.15,
5 THENCE N 00 026'31" E, 33 07,
6 THENCE N 76°07'29"W 10 94,
7 THENCE N 02 054'30"W, 13 86,
8 THENCE N 49 026'41" E, 4.27,
9 THENCE S 75 013'41" E, 32.23,
10 THENCE N 15 041'14" E, 5 82,
11 THENCE N 71030'58" E, 12.59;
12. THENCE N 12 026'.26" E, 8.25,
13 THENCE N 75 042'17" E, 3 94,
14 THENCE S 56 032'42" E, 5 81, ADC C/,Q
15 THENCE S 05 051'24" E, 8.88, g O
16 THENCE N 88 014'14" E, 7 95,
17 THENCE S 00 049'09" E, 8 17, G1 o O�
18 THENCE S 78 034'17" E, 7 47, J EXP
19 THENCE S 02 022'13"W, 38 14, t
20 THENCE S 14 053'12"W, 41 98 L 8253
TO THE TRUE POINT OF BEGINNING.
r
AREA. 5397 0 SF (0 123 AC) MORE OR LESS
EXHIBIT "B" SHEET 1 OF 1 SHEET
OPENSPACE EASEMENT
AREA OF STEEP SLOPE PLAT
CITY OF ENCINITAS
SCALE 1'= 40'
NOTE: BEARINGS AND DISTANCES SHOWN ON THIS
PLAT ARE BASED ON RECORD DATA PER MAP NO. 326.
Adjacent Residence
256-354-03 256-354-04
N
W
b121.0p 19J.00'
P.O.B.
3
14
3 g 9. 11 2 16
AN ��• f0 g
6.
S
f9 •.
N 226 3p. W •..r 4,•,n0 O h
1. 171.
j
Adacent Residence �ss•8e• :-:� ;,
256-354-07
MAP 326 T. .0.8.
BLK 60
,k AN 0 3G
LEGAL DESCRIPTION c�
AREA OF STEEP SLOPE lIt
THE EASTERLY 171 FEET OF THE NORTHERLY 128 FEET 25X-40% SLOPES Co "- 0
OF THE SOUINERLY 488 FEET OF BLOCK 60 OF COLONY all ACRES � EXP h 31-is �
OF OtJAWHAIAN, IN THE CITY OF DQNITASs IN THE
COUNTY OF SAN DIEGO, STALE OF CALIFORNIA, LS 253
ACCORDING TO MAP 1HEREOF NO 326, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON p F�
JULY 8, 1884. OWNERS s A
APN: 265-354-05 23811 WASHINGTON SUITE C
PREPARED BY MURwEra ca 92562
� ��Gc1u' THIS PLAT WAS PREPARED INTH MY KNONELEDGE AND CONSENT.
GREGOIRY A UOILL, LS- 825J DAZE JAMES a" DATE
LICENSE DOFIREB 12-JI-14
u
G.A.C.ENGINEERING and LAND SURVEYING
41993 VIA RENATE,TEMECULA,CA 92591
Voice:760.594-4889 Email:gcaudill.gac(ggmail.com
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State of California )
County of d u/4&5
O before me, <�IZZ?A
ate Here Insert Name and Title of the Officer
personally appeared if k' k 19AIb ��NE R�/ 1L lvrc
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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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 Califomia that the foregoing paragraph
_ is true and correct.
GIIIA 110 WITNESS my hand and official seal.
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On �0//2 2ot5-" before me, Samantha Morrow, Notary Public
�^ (insert name and title of the officer)
personally appeared 61/7/? Pom
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. ;AMSIAMANTHA MORROW
Commission No.2087518
%F"Comrrussion OTARY PUBLIC CALIFORNIA
WITNESS my hand and official seal SAN DIEGO COUNTY
Expires May 9,.2M8
Signature /�' (Seal)