2016-57772 Recording Requested By and) DOC# 2016-0057772
When Recorded Mail To:
Feb 09, 2016 04:06 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City Clerk ) SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES: so.00
505 S. Vulcan Avenue ) PAGES: 5
Encinitas, CA 92024 )
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FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE EASEMENT AND
STEEP SLOPE PRESERVATION EASEMENT
Assessor's Parcel No: Case No.,07-008 DR/TPM/CDP
256-412-13
438 Ocean View LLC, a California limited liability company, ("GRANTOR" hereinafter), hereby
grants, conveys and dedicates an open space easement and steep slope preservation easement
to the CITY OF ENCINITAS, State of California ("CITY" hereinafter), with terms, covenants and
conditions as follows:
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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 and preservation of steep
slopes over, upon, across and under the subject land under the subject land as described
in Exhibit "A" and shown and depicted in Exhibit "B". This open space easement and steep
slope preservation easement shall remain in perpetuity on the subject property. 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. 07-008 DR/TPM/CDP, as said permit was issued by Planning Commission
Resolution 2008-25 approved on August 7, 2008, or as said permit may be hereinafter
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amended or modified pursuant to the Municipal Code of the City of Encinitas.
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(i) 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.
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(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 activities as are permitted by Case No. 07-
008 DR/TPM/CDP, as said Planning Commission Resolution 2008-25 approved on
August 7, 2008, or as said permit may be hereinafter amended or modified
PBD/JDMCovenant12007.008.drtpmdp.oceanview.bose.steepsiope.covenant Page 1 of 2
pursuant to the Municipal Code of the City of Encinitas.
(B) That, except for those portions authorized by Case No. 07-008 DR/TPM/CDP for
grading and landscaping, it shall not use the subject land for any purpose except to
record an easement to preserve open space and to preserve 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 2008-25 approved on August 7, 2008, or as
said permit may be hereinafter amended or modified pursuant to the Municipal
Code of the City of Encinitas.
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(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 / by
o Colina, Managing Member
sere -¢f`c
(Notarization of GRANTOR'S signature is attac d.) - a -o?-J
CITY OF ENCINITAS:
I certify on behalf of the City of Encinitas, pursuant to authority conferred by Planning Commission
Resolution 2008-25 approved on August 7, 2008, that the City of Encinitas consents and accepts
to the making of the foregoing Grant of Open Space Easeme and Steep Slope Preservation
Easement and consents to recordation thereof by its duly authori ed officer.
Dated by
N-Manjeet Ranu, AICP
Acting Planning and Building Director
(Notarization not required)
PBD/JDfRCovenant12007.008.drtpmdp.oceanview.bose.steepslope.covenant Page 2 of 2
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA CIVIL CODE § 1189)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF
v 'n 0bb,c
On o7--rd o?D 1 Jo before me, SU�r, a i �-e►7 ����-i ny
(Date) (Here Insert Name and Title of the Officer)
personally appeared SD D 1 1 h C�
who proved to me on the basis of satisfactory evidence'to be the persoosj'whose name,("/Arpi
subscribed to the within instrument and acknowledged to me that heLsh-e/tom executed the same
in I his/ wjt wV authorized capacity(iK, and that by his/-h� r sign ature.(& h the instrument
the person.(s-'or the entity upon behalf of which the personkgracted, executed the instrument.
I cIerti fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
SUSAN CUINTEN
WITNE S m hand and official seal. Commission 0 2133215
Y Notary Public-California
San Diego County
My Comm.Expires N v 8,2019
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
iitle or Type of Document �' � C9 t�5erh e Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Additional Information: (�6, s e
revision date 01/01/2015
1 1
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l EXHIBIT "A"
OPEN SPACE EASEMENT FOR STEEP SLOPE PRESERVATION
LEGAL DESCRIPTION
That portion of Lot 6, in Block "X" of Seaside Gardens Annex, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 1801, filed in the Office of the County
Recorder of San Diego County, August 6, 1924, as follows:
BEGINNING at the Northeast corner of said Lot 6;
Thence, South 00°13'56" East, along the Easterly line of said Lot 6, a distance of 154.56 feet, to the
Southeast corner of said Lot 6:
Thence, North 88°4842" West, along the Southerly line of said Lot 6;a distance of 16.42 feet;
Thence.North 43°08'10" West. a distance of 2').64 feet:
Thence, North 66°47'43" West, a distance of 13.10 feet;
Thence, North 1.7°3632" West, a distance of 39.34 feet;
Thence,North 18°58'44'' East, a distance of 23.57 feet;
Thence;North 1 ) )') �6" West, a distance of 17.27 feet; .
Thence, South 49°01'51" East, a distance of 24.67 feet;
Thence, North 08°2421" West, a distance of 23.52 feet;
Thence. South 83°05'29" West, a distance of 6.73 feet;
Thence, North 38°24'33" West, a distance of 53.71 feet;
Thence, North 14°17'43" West, a distance of 8.88 feet, to the Northerly line of said Lot 6;
Thence, South 88°44'43'' East, along the Northerly line of said Lot 6, a distance of 79.35 feet, to the
POINT OF BEGINNING.
Contains 7;779.66 square feet.
Legal Description prepared by Accurate Land Surveys. �\o L tA'
.' ��
-No.8211 -�
,r `Y
Robert J. Russell, PLS 8211 cny��
January 18, 2016 OF CA0f*
EXHIBIT "B"
S88°44'43"E 79.35' NORTHEAST CORNER
OF LOT 6 AND POINT
N14°17'43"W OF BEGINNING.
8.88'
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LEGEND
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SS3°05 29 6.73
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INDICATES OPEN SPACE 07, ,N N
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LAND SURVEYS
2514 nLvua eLw.surrE w nL Pwe cn sIM ROBERT J. RUSSELL, PLS 8211 DATE
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