2023-58807Recording Requested By and
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
DOG# 2023-0058807
II II I II I IIIII I III II Iill l 11 l 11 l! II II III
Mar 08, 2023 09:20 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SI32 Atkins: $0.00)
PAGES: 6
SPACE ABOVE FOR RECORDER'S USE
GRANT OF BIOLOGICAL/WETLAND OPEN SPACE BUFFER AND STEEP SLOPE EASEMENT
Assessor's Parcel No. Grading Permit No. LDEV-012900-2020
264-231-29-00
Divine Designs General Contracting Inc., ("GRANTOR" hereinafter), does hereby grants, conveys
and dedicates a Steep Slope 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 BIOLOGICAL/WETLAND OPEN SPACE BUFFER
AND STEEP SLOPE EASEMENT restricted area 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 biological/wetland open space buffer and steep
slopes over, upon, across and under the subject land as shown on Exhibit "B" to preserve on -
site wetland habitat and steep slopes including a 25-foot wetland buffer. 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 Grading Plan LDEV-012900-
2020, 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) No development, construction of structures, installation of landscaping, or other land
disturbing activities shall occur within the biological open space easement other
than those activities proposed to naturally enhance/restore the open space as
approved by the Development Services Director.
(B) Any fuel modification authorized within the open space easement shall only be
authorized by written order of the Encinitas Fire Department. If authorized by the
Encinitas Fire Department, the clearing must be conducted outside of the avian
breeding season unless a qualified biologist conducts a survey within the easement
to determine the presence or absence of nesting bird species. If nesting birds are
not found, then fuel modification may proceed within the breeding season.
Any fuel modification activity with the open space easement shall be monitored by a
qualified biologist to ensure wetland and sensitive habitats are not disturbed. That,
except as authorized by Grading Plan LDEV-012900-2020, it shall not use the
subject land for any purpose except as open space and to permanently maintain the
slopes and wetland buffer.
(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 said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City
of Encinitas.
(D) No invasive plant species shall be planted in the open space easement. Invasive
species consist of those listed on Lists A & B of the California Invasive Plant
Council's "Exotic Pest Plants of Greatest Ecological Concern in California as of
October 1999". The landowner shall be responsible for any necessary removal of
non-native invasive vegetation within the open space easement.
(E) All outdoor lighting shall be directed away from the biological open space easement.
(F) The limits of the biological open space easement shall be protected with permanent
fencing to the satisfaction of the Development Services Director and City Fire
Marshall. Fencing should have no gates and be corrosion resistant.
(G) 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.
(H) That no invasive landscaping shall be planted in areas adjacent to the Open Space
Easement.
It is agreed that the grant of this easement and its acceptance by CITY shall not authorize the
public or any members (other than a designated land manager by the CITY) 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:
r
Dated by
Melis a Scordel
Divine Designs General Contracting, Inc.
Dated -� by
eve Scordel
Divine Des s General Contracting, Inc.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 ` , j -D t e 6,
On 2 3 l Z3 before me, kGl,,t SSCk.r
ere insert name and tit e or t e o icer
personally appeared H z s c r Sc uV e I �T e �I.
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.
WITNESS m hand and official seal. ,/:.'F MAR IA FABIOLA PASSARIELLO
y ,a Nota'y P;.biic - Ca.ifernia z
Sari Diego Ccc'tty
--- Cor mission 2351515
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My Cor"rt, expires Apr 11, 2025 Y
N tary Public Signatu (Notary Public Seal)
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CITY OF ENCINITAS:
This is to certify that the interest in real property, as shown on attachment Exhibit "A" and Exhibit "B",
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.
Dated?/L2 /2 by
diI Bankston
rector of Engineering/City Engineer
City of Encinitas
(Notarization not required)
EXHIBIT "A"
DESCRIPTION
A PORTION OF PARCEL 2 OF PARCEL MAP NO. 12942, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS SAID MAP WAS RECORDED OCTOBER 7, 1983 AS FILE NO.
83-361579 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BIOLOGICAL OPEN SPACE
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, THENCE ALONG THE
WESTERLY BOUNDARY SOUTH 13°42'04" WEST 68.52 FEET; THENCE, LEAVING THE WESTERLY
BOUNDARY OF SAID PARCEL 2, SOUTH 28032'07" EAST 34.95 FEET; THENCE, SOUTH 55°31'10"
EAST 30.59 FEET; THENCE, SOUTH 63°08'22" EAST 51.36 FEET; THENCE, NORTH 89°27'18" EAST
36.66 FEET TO THE BEGINNING OF A TANGENT 90.16 FEET RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 28°27'44" A DISTANCE OF 44.79 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 2;
THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY NORTH 04°42'42" WEST 71.75 FEET;
THENCE, SOUTH 35°28'33" WEST 35.00 FEET; THENCE, NORTH 74°41'34" WEST 71.77; THENCE,
NORTH 40°53'41" WEST 84.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,241 SQUARE FEET (0.26 ACRES)
STEEP SLOPE OPEN SPACE
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2, THENCE ALONG THE
WESTERLY BOUNDARY SOUTH 13°42'04" WEST 68.52 FEET; THENCE, LEAVING THE WESTERLY
BOUNDARY OF SAID PARCEL 2, SOUTH 28°32'07" EAST 25.97 FEET; THENCE, SOUTH 06'13,02"
EAST 38.64 FEET; THENCE, SOUTH 71'30'10" EAST 47.84 FEET; THEE C:E, SOUTH 78°41'30" EAST
56.49; THENCE, SOUTH 83°22'13" EAST 17.25 FEET; THENCE, NORTH 88°46'22" EAST 10.55 FEET;
THENCE, NORTH 70°35'37" EAST 25.41 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 2;
THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY NORTH 04042'42" WEST 93.06 FEET;
THENCE, SOUTH 35°28'33" WEST 35.00 FEET; THENCE, NORTH 74041'34" WEST 71.77; THENCE,
NORTH 40°53'41" WEST 84.91 FEET TO THE POINT OF BEGINNING.
EXCLUDING THAT PORTION WITHIN THE BIOLOGICAL OPEN SPACE DESCRIBED ABOVE.
CONTAINING 2,889 SQUARE FEET (0.07 ACRES)
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
01 /16/2023
DATE:
PASCO LARET SUITER OPEN SPACE EASEMENT
San Diego I Encinitas I Orange County PLSA 3388 SHEET 1 OF 2
Phone 858,259.82121 www. plsaengineering.com
nno [— V" 1 n 1 T li m it
Increftilkial
PROPERTY LINE — — — —
RIGHT-OF-WAY LINE [�_z�rrirl�lT.z�
CENTER LINE
NOTE: BEARING AND DISTANCES SHOWN
HEREON ARE PER PARCEL MAP 12942.
ADJOINING PROPERTY LINE
STEEP SLOPE OPEN SPACE
EASEMENT GRANTED HERON
AREA = 2,889 SF (0.07 ACRES)
BIOLOGICAL OPEN SPACE EASEMENT
GRANTED HERON
AREA = 11,241 SF (0.26 ACRES)
N
W E
San Diego County
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Transaction #: 7016531
a6
Receipt #: 2023080010
JORDAN Z. MARKS
Assessor/Recorder/County Clerk
1600 Pacific Highway Suite 260
Cashier Date: 03/08/2023
Print Date: 03/08/2023 9:21 am
P. O. Box 121750, San Diego, CA 92112-1750
Cashier Location: SM
Tel. (619) 237-0502 Fax (619) 557-4155
www.sdarcc.gov
Payment Summary
Total Fees $0.00
Total Payments
$0.00
Balance:
$0.00
Payment
NO CHARGE PAYMENT
$0.00
Total Payments
$0.00
Recorded Item
OFFICIAL RECORD -1
Document #: 2023-0058807 Date: 03/08/2023 9:20AM
Pages: 6
Total Fees Due:
$0.00
Grand Total - All Documents:
$0.00
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