2019-263043 DOC# 2019-0263043
• 1 Recording Requested and
Recorded Mill To:
When
Jul 02, 2019 04:46 PM
OFFICIAL RECORDS
City Clerk ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES: $0.00 (S132 Atkins: $0.00)
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) PAGES: 6
FOR THE BENEFIT OF THE CITY )
SPACE ABOVE FOR RECORDER'S USE
GRANT OF STEEP SLOPE PRESERVATION OPEN SPACE EASEMENT
Assessor's Parcel No. Case No. 18-117 DR/PMW/CDP
258-122-31& 36
-
San Dieguito Union High School District ("GRANTOR" hereinafter), does hereby grants,
conveys, and dedicates 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 Exhibits "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. 18-117 DR/PMW/CDP, 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 Case No. 18-117
DR/PMW/CDP, 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.
(B) That, except as authorized by Case No. 18-117 DR/PMW/CDP, 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 Case No. 18-117 DR/PMW/CDP 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 by
Robert A. Haley
Superintendent
San Dieguito Union High School District
(Notarization of OWNER signature is attached.) Approved by the Governing Board
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 94-107 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.
� 7
Edward J. Wim e D to
City Engineer
Development Se ices Department
City of Encinitas
(Notarization is attached.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
i
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 5-an
n
On MAXI e. a1, OL019 before me, N
Date Here Insert Name and Title of the Offic r
personally appeared �p Gr' ' )Aa`�V�
Na s) of Signer(s)
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.
CYNTHIAG.SKEBER WITNESS my hand and official seal.
: T NotaryPublic-California z
San Diego County
Commission#2194345 Signature
My Comm,Expires Apr 28,2021 g
Signature of Notary Pu lic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document °
Title or Type of Document: ('�1ran� 04 SA-C= S\O'De_ ('!%SeCg810 Ea >✓tML'Y1�
Document Date: ':fur m Stu, ` ®n Number of Pages: S
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 7R V. `e Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian qr Co servator ❑Trustee ❑Guardian or Conservator
XOther: V G1rXjG'�L� ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
' EXHIBIT "A"
Open Space Easement for Steep slopes
APN 258-122-35-00 and 258-122-36-00
ALL THOSE PORTIONS OF LOTS 24 AND 25 OF RANCHO RIQUEZA, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2133, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,NOVEMBER 11, 1928, EXCEPTING THEREFROM THE SOUTHERLY 22.00 FEET,
LYING WESTERLY AND NORTHERLY OF THE LINES DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION ON THE WESTERLY LINE OF SAID LOT 24
WITH THE NORTHERLY LINE OF LOT 22 OF SAID RANCHO RIQUEZA; THENCE LEAVING
THE WESTERLY LINE OF SAID LOT 24, SOUTH 64° 26' 00"EAST, A DISTANCE OF 5.49 FEET;
I
THENCE NORTH 040 31' 04"EAST, A DISTANCE OF 5.76 FEET; THENCE NORTH 67° 26' 42"
EAST, A DISTANCE OF 10.24 FEET; THENCE NORTH 24° 03' 55" EAST, A DISTANCE OF 73.42
FEET; THENCE NORTH 57' 30' 28"EAST, A DISTANCE OF 13.08 FEET; THENCE SOUTH 88°
48' 35" EAST, A DISTANCE OF 118.27 FEET; THENCE SOUTH 62° 46' 23"EAST, A DISTANCE
OF 54.08 FEET; THENCE SOUTH 88' 22' 22" EAST, A DISTANCE OF 45.13 FEET; THENCE
NORTH 750 56' 30" EAST, A DISTANCE OF 10.99 FEET; THENCE SOUTH 880 44' 55" EAST, A
DISTANCE OF 58.14 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID LOT 25 OF RANCHO RIQUEZA, SAID POINT BEING THE POINT
OF TERMINUS.
SAID EASEMENT CONTAINS 27,051.75 SQ. FT. (0.621 ACRES) MORE OR LESS
LAND S&
A.
5/23/2019
THOMAS A. JO S DATE 1— v
P.
L.S. 6622 -
EXP. 12-31-
31-19
sT9TF�F CAL�F���\P
LAPROIECTS\1717\Admin\12 Legal\EXHIBIT A.doc
EXHIBIT ' B'
OPEN SPACE EASEMENT FOR STEEP SLOPES
LOT 20
LOT 19
LOT 21
SCALE 1"=100' �� L6
P.O.B. L8 L10 i TERMINUS
OF
L3
�g S
N.E. COR. LOT 22 L2
L1
ROS 15593
LOT 22 LOT 24 LOT 25
APN 258-122-35 APN 258-122-36
I
I
RANCHO RIQUEZA
LOT 23 I MAP N0. 2133
4�N� ROS 17662
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REQUEZA STREET o
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Ica
LAND
aS�,O a SU,Q` i
v�o�PS Fo NOTE: SEE SHEET NO. 2 FOR LINE DATA TABLE
LEGEND
NO. 6 2
EXP. 12- —19 OPEN SPACE EASEMENT FOR
STEEP SLOPES GRANTED HEREON
TFOF CAU� 3 — -R- — PROPERTY LINE
DWG. FILE: L:\PROJECTS\1717\Engr\13 Esmt PIat\Exhibit B—l.dwg SHEET 1 OF 2 SHEETS
EXHIBIT 'B'
OPEN SPACE EASEMENT FOR STEEP SLOPES
LINE DATA TABLE
NUMBER DIRECTION DISTANCE
L1 S 64°26'00" E 5.49'
L2 N 04°31'04" E 5.76'
L3 N 67°26'42" E 10.24'
L4 N 24°03'55" E 73.42'
L5 N 57°30'28" E 13.08'
L6 S 88°48'35" E 118.27'
L7 S 62°46'23" E 54.08'
L8 S 88°22'22" E 45.13'
L9 N 75°56'30" E 10.99'
L10 S 88 044'55" E 58.14'
5 A
P
�
J o 0
s
N0. 6 2
EXP. 12— —19
�lF OF
DWG. FILE: L:\PROJECTS\1717\Engr\13 Esmt Plat\Exhibit B-2.dwg SHEET 2 OF 2 SHEETS