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