2018-121649 DOC# 2018-0121649
Recording Requested By and) 111111111 IN When Recorded Mail To: )
Mar 27, 2018 04:58 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
City Clerk ) PCOR: N/A
City of Encinitas ) PAGES: 7
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 �` � 07x--Building Permit No. 17-1826
No. 254-210-25 ✓ Case No. 17-021 CDP
Bow Ruggeri and Erina Ruggeri, trustees of the Ruggeri Family Trust, ("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 Case No. 17-021 CDP and Building Permit Nos.16-2796.
No building, structure or other thing whatsoever shall be constructed, erected, placed or
maintained on the subject land, nor shall grading be performed.
(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 17-021
CDP and Building Permit No. 17-1826 or as said permit may be hereinafter
amended or modified pursuant to the Municipal Code of the City of Encinitas.
(B) That, except as authorized by Case No. 17-021 CDP, Building Permit No. 17-1826,
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
DSD\\AM:\Covenant\2017-1826.bp.ssosesmt 1
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. 17-021 CDP, Building Permit No. 17-1826 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 suc ssors and assigns.
GRANTOR:
Dated by
It Bow Ruggeri
(Notarization of GRANTOR'S signature is attached.)
Dated �; by
Erina Ruggeri
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a
Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of
the City of Encinitas pursuant to authority conferred by Resolution 1994-107 of the City Council of the
City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by
its duly authorized officer.
Dated !'�%e: �lo, � by
Christopher . Magdosku, City En ' er,
(Notarization is attached.) Development Services Depart ent
City of Encinitas
DSD\\AM:\Covenant\2017-1826.bp.ssosesmt 2
EXHIBITY"A"
EASEMENT-LEGAL DESCRIPTION
APN 254-210-25m00
A PORTION OF LOT 25 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1704,
FILED IN THE.OFFICE OF THE COUNTY RECORDER.OF SAN DIEGO COUNTY, JUNE 5,
1'918; BEING IN THE-SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPTUNE AVENUE IN SOUTH
COAST PARK N0.4,4,ACCORDING TO MAP THEREOF 0.2049,FILED:IN SAID OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927., WHICH IS
DISTANT THEREON NORTH 19.026'45" WEST, 1.10.59 FEET FROM THE
INTERSECTION
OF THEWESTERLY PROLONGATION-OF THE NORTHERLY LINE OF'PHOEBE STREET
WITH SAID WESTERLY LINE-OF NEPTUNE AVENUE;THENCE SOUTH 70°33'15"WEST,
111:40, FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
0%
70 '15" WEST,T, 8-9.75 FEET TO A POINT IN TH.E EASTERLY LINE OF LAND
.DESCRIBED IN DEED TO THE. COUNTY OF SAN DIEGO ON JANUARY 1-0, 1930, IN
BOOK 17317. PAGE. 254 OF DEEDS. THENCE SOUTH 2 1'25'45?' EAST, ALONG. SAID
EASTERLY LINE37.02 FEET TO THE NORTHWESTERLY CORNER OF THE LAND
-DESCRIBED UNDER PARCEL NO. I IN DEED TO HARRY C. CARR ET UX, RECORDED
FEBRUARY 7, 1935 IN BOOK 379,PAGE 135 OF OFFICIAL RECORDS; THENCE.NORTH
74016'.30 EAST ALONG THE NORTHERLY LINE OF SAID C.ARR LAND, 8,6.10 FEET;
THENCE LEAVING SAID NORTHERLY LINE NORTH 19059'35"EAST,3.62 FEET TO THE
BEGINNING I O.F A TANGENT CURVE CONCAVE WESTERLY HAVING RADIUS OF 22.75
FEET, A RADIAL, TO SAID POINT BEARS SOUTH 70 000'25" EAST;, THENCE
NORTHEASTERLY,NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF 20.35 FEET THROUGH A CENTRAL ANGLE OF 51015'22";
THENCE NORTH- 31015'41" WEST, 14.58 FEET TO THE BEGINNING OF A NON-
TANGENT ICURVE. -CONCAVE NORTHEASTERLY HAVING A-RADIUS OF 4.12 FEET, A
RADIAL TO -SAID POINT BEARS SOUTH- 04644'57" WEST; THENCE. WESTERLY,
NORTHWESTERLY,NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID
CURVE A DISTANCE OF T61 FEET THROUGH A CENTRAL ANGLE OF 10,5053"067 TO
THE,TRUE-POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING BELOW THE MEAN HIGH TIDE
LINE OF THE PACIFIC OCEAN. D
CONTAINS 3,65.6 SQUARE FEET,MORE OR LESS.
No.7655
„ „ SHEET 1 OF 2
EXHIBIT B
EASEMENT PL T
20.00 20.00'
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NEPTUNE — — A ff o —
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o N192645"W 110.59'
50.00' - 6059'
POB
LEGEND
INDICA TES OPEN SPACE
EASEMENT GRANTED TO THE
25 CITY OF ENCINITAS HEREON.
AREA 3,656 SF
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1104
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No♦ 7655
SEEDTTA/l
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CA��FCS�
N21.75'45"W 3702'(37.13'Dd.)
PACIFIC OCEAN
PONTO STATE BEACH 0 40 80
NOTES SCALE: V 40'
L BEARINGS AND DISTANCES SHOWN HEREON CALCULATED PER-RECORD OF SURVEY - _
1116 AND GRANT DEED RECORDED.fEBRUARY 18, 2015 AS DOCUMENT NO A 16-152 3/1.4/18
2015-0071638, OF OMCIAL RECORDS. (Dd.)
'AMP O
s
NG NEERINM INC.
aes,
171 SAXLWY1POA0,-SUAE214 DQWTAS CA 92024
M. (760)_436-0660 FAX(760)4J6-0659
, EXHIBIT "��► SHEET 2 OF 2
EASEMENT PLA l
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No. 7655
U TF OF
Curve Data Table Line Data Table
Curve # Length Radius Delta Line # Length Direction
C1 20.35 .22.75 51'15'22 L1 3.62 N19° '59' 35"E
C2 7.6:1 4.12 105'53'06" L2 14.5.8: N31'° 15' 47"W
LEGEND
1NDICATES OPEN SPACE EASEMENT GRANTED
TO THE CITY OF ENCINITAS;HEREON
AREA= 3,656 SF
0 10 20
NOTES SCALE: 1" 1-0'
1. BEARINGS AND DISTANCES SHOWN HEREON CALCULATED PER RECORD OF
SURVEY 1116 AND GRANT DEED.RECORDED FEBRUARY 18, 2015 AS DOCUMENT .✓N 16.=152 3/14/18-
NO 2015-0011.638, OF OffICIAL RECORDS ;,'; , a 'AM P
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\\ ENGINE`ERIN'G, INC.
171 SAXAVY ROAD,SillIF 21.E fNdYMTA$:CA 92024
R:(760)42-0660 FAx (760)a-0659
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ersoriall ,.a eared U v`0 v V 1\
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:WITNESS my hand and official seal.
C. ENGEL
COMM.#2108757 v,
NOTARY PUBLIC•CALIFORNIA
SAN DIEGO COUNTY
Commission Expires May 23,2019
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DEANA GAY is true and correct.
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Z SAN DIEGO COUNTY D
NOTARY PUBLIC-CALIFORNIAZ
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