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2001-752400 DOC 2001-0752400 OCT 17 2OO1 4-~ PM Recording Requested By: ) OFFICI~ ) S~ DIE~ COUNTYR .... EC~DER S OFFICE city of Encinitas ) GEGORYJ. SMITH, C~YRECOR~R When recorded mail to: ) FEES: 0.00 city Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) ) .~?~!~.__ GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel ~/~t~ Project No.:~ hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, (A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, as described in Exhibit "A" attached hereto, and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except as exists. (B) 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 placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any term, covenant or conditions of this easement. GRANTOR covenants and agrees for himself and his successors and assigns as follows: (A) That he 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 cov3908 Subject Land other than such buildings, structures and other things as may be permitted pursuant to the zoning ordinance of the City of Encinitas. (B) That he shall not use the Subject Land for any purpose except as OPEN SPACE purposes. (C) That he 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 the city or its successors or assigns: provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or other material on the subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the City of Encinitas. (D) That this Open Space Easement shall preclude vegetation removal or additions with the following exceptions: brush clearing for fire protection purposes shall be permitted upon written order by the appropriate fi~e fig'hting or fire protection agencies, and the removal of hazardous substances or conditions or diseased plants or trees. (E) 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. The grant of this easement and its acceptance by the City of Encinitas 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 uses to which the Subject Land may be put. This easement shall bind the Grantor and his successors and assigns. Dated this ~ ~/~ day of ~ ~£~ , Date Grantor Date ~t/Grant6r/~. Date Grantor Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. cov3908 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California , '~ Coun of j'ss' On ~,~)/OL'~/Ot beforeme, ~~ ~' ~[~1 ~~ pemonally appeared , personally known to me proved to me on the basis of satisfacto~ evidence  to ~o tho pomon(*) who*o namo(s)~ sugscribod to the within ins~ont and acknowlod~od to mo that h~ oxocutod i~ ~~ f the same in hi~ ~tho[i~ ~ ~,~Z~ capacity(les), and that ~y ~ signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS~~~my hand and official seal., ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing:_ This is to certify that the interest in real property conveyed by deed or grant to the City ofEncinitas, 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 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. Leroy C. Bodas Director of Engineering Services EXHIBIT "A" OPENSPACE EASEMENT AN EASEMENT FOR OPENSPACE PURPOSES OVER, UNDER ALONG AND ACROSS THOSE PORTIONS OF PARCELS 1, 2 AND 3 OF PARCEL MAP NO 16199 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 29, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS. EASEMENT WITHIN PARCEL 1 THAT PORTION OF SAID PARCEL 1 LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL 1 DISTANT THEREON SOUTH 02002'28" EAST 241.41 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE LEAVING SAID LINE NORTH 40027'39'' WEST, A DISTANCE OF 31.91 FEET; THENCE NORTH 84017'22'' WEST, A DISTANCE OF 102.55 FEET; THENCE SOUTH 47°21'54'' WEST, A DISTANCE OF 56.03 FEET; THENCE SOUTH 88047'23'' WEST, A DISTANCE OF 90.38 FEET; THENCE SOUTH 01°49'21'' EAST, A DISTANCE OF 132.47 FEET TO THE POINT OF TERMINUS ON THE SOUTHERLY LINE OF SAID PARCEL 1. EASEMENT WITHIN PARCEL 2 THAT PORTION OF SAID PARCEL 2 LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 2 DISTANT THEREON THENCE SOUTH 02002'28'' EAST 241.41 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAD LINE NORTH 33°38'03' EAST, A DISTANCE OF 63.67 FEET; THENCE NORTH 68022'46" EAST, A DISTANCE OF 30.32 FEET; THENCE SOUTH 71°40'05'' EAST A DISTANCE OF 46.82 FEET; THENCE SOUTH 77o58'52'' EAST, A DISTANCE OF 28.19 FEET; THENCE SOUTH 84°52'19" EAST, A DISTANCE OF 69.65 FEET; THENCE SOUTH 78°02'06'' EAST, A DISTANCE OF 61.00 FEET; TO A POINT ON THE WESTERLY LINE OF THAT 40.00 FOOT PRIVATE ROAD EASEMENT AS SHOWN ON SAID PARCEL MAP 16199; THENCE ALONG SAID WESTERLY LINE NORTH 01°35'10'' WEST, A DISTANCE OF 228.00 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF SAID PARCEL 2. EXCEPTING THEREFROM THAT PORTION LYING WITHIN WISHBONE WAY AS SHOWN ON SAID PARCEL MAP 16199. EASEMENT WITHIN PARCEL 4 THAT PORTION SAID OF PARCEL 4 DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID PARCEL 4 DISTANT THEREON SOUTH 83°24'18'' EAST 20.23 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE CONTINUING ALONG SAID LINE SOUTH 83°24'18" EAST, A DISTANCE OF 84.76 FEET; THENCE SOUTH 23004'37'' EAST, A DISTANCE OF 104.82 FEET; THENCE NORTH 86°22'12'' WEST, A DISTANCE OF 32.64 FEET; THENCE SOUTH 54o51'23'' WEST, A DISTANCE OF 106.17 FEET; THENCE NORTH 02o02'28'' WEST, A DISTANCE OF 165.31 FEET TO THE PO1NT OF BEGINNING. EXHIBIT 'B' OPENSPACE EASEMENT PLAT N2'26'26', I-- NISHBONE WAY , 'Jr L~ L1 L4 EO.O0' EASEHENT FOR L5 ~ PEDESTRIAN AND I L6 ~3 '24 't8 "h 65.87 / E~UESTRIAN PURPO~S L ~ ~ '~ '03 '~ 63.67 Lt5 ~ '~ '46'~ 30.~ INDICATES OPENSPACE EASEMENT AREA L~ s77 ~ ~ LI~ SOt '~ '10~ ~.~' L I~ ~7 '~ '33 ~ ~7.~ ' ~ S0~'0~8~ ~4~.4~' ~ ~ ~ ~ PE 93B