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1999-817919
Recording Requested By:. · Dsc 17, 1999 8: 47 AM City of Encinitas When recorded mail to: 2 6 9 9 0~FI~IAi ~E~DS City Clerk SAN DIE~ O~TY ~R~R'S OFFIOE City of Encinitas G~RY J. ~I~, ~SNTY RE~R 505 S. Vulcan Avenue FEES: 0.00 Encinitas, CA 92024 0~: ~A FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel Project No.: MUP 9?-iii No . ~6~-080-a0 W.O. No. : 5461-G ~NCINITAS HERITAGE PARTNERS, LLC, a 'Delaware Limited Liability Corporation hereinafter called GRANTOR(S) do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRkNTEE, (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 2700 · 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 fire fighting 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 _ ~/~ ~ , 19~ Date ~r ntor/~ct~= Ca~ri~k, M.D.,~., ~I~mS ~ PAR~S, LSC, a Ce/a~e Limited Liabili~ fbt'p~z'ati~ Date Grantor Date Grantor Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. cov3908 CALIFORNIA ALL-PURPOt ACKNOWLEDGMENT State of (",('~l ~. ~-A (%.~,C'%, 2701 County of ~)qa~' ~ ~i~ Date Name and ~tle of Officer (eg., "Jane D~, ~ota~ Public") ~/J ' ' personally appeared ~ hn O 0 0 ~ ~ ~fl' L.. m, 0, .... ~' Name(*) o~ Signer(s) ~ersonally known to me -~~d iu ,i. ~, r~e basis of satisfacto~ evidence to be the person(~ whose name~) is/~subscribed to the within instrument and acknowledged to me that he~ executed the same in his/~ authorized capaciW(~, and that by his/hcdt,~c~r signature~ on the instrument the person(~, or the entity upon behalf of which the person~) 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 pemons relying on the document and ~uld prevent fraudulent removal and rea~achment of this form to another d~umenL Description of A~ached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): ~tle(s): ~ Padner ~ ~ Limited ~ General ~ Padner -- ~ Limited ~ General ~ Attorney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Oonse~ator ~ Guardian or Oonse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1994 National Nota~ Association · 8236 Remmet Ave, P.O. BOX 7184 · Canoga Park, CA 9130©7184 Prod. No 5907 Reorder: Call To~l-Free 1-800-876-6827 2702' I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Grant of Open Space/Habitat Preservation Easement and consents to recordation the~e6f by its duly authorized officer. ' , ~ ~ Alan D. Archibald Director of Engineering Services City of Encinitas cov3908 2703 EXHIBIT ~A" SOMERFORD PLACE BIOLOGICAL OPEN SPACE EASEMENT Ail that portion of the southerly 610 feet, of the easterly 360 feet, of the southeast quarter, of the northeast quarter, of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, being within the City of Encinitas, County of San Diego, State of California, being more particularly described as follows: PARCEL A Beginning at the northeast corner of the above described property, thence westerly along the northerly line of said property, North 89050'55" West, 84.93 feet, to the TRUE POINT OF BEGINNING; being the beginning of non-tangent curve from which the radius point bears South 84°26'47'' West, thence southerly a distance of 456.09 feet along the curve concave to the west, having a radius of 4737.00 feet and a central angle of 5o31'00"; thence South 00°02'13'' East tangent to said curve, a distance of 51.46 feet; thence South 28°13'52'' West, a distance of 6.92 feet; thence South 16°08'40" West, a distance of 10.00 feet; thence South 03°44'26" West, a distance of 10.40 feet; thence South 05o53,47,, East, a distance of 18.64 feet; thence South 16o14'54'' West, a distance of 9.41 feet; thence South 41038'29'' West, a distance of 10.55 feet; thence South 73°03'32" West, a distance of 5.61 feet to the northerly line of the southerly 40.00 feet of the above described property; thence westerly along said northerly line North 89050'54" West, a distance of 219.90 feet; thence leaving said northerly line North 00000'43'' East, a distance of 88.29 feet; thence South 89°59'17'' East, a distance of 109.00 feet; thence North 00o00'43" East, a distance of 18.00 feet to the beginning of a curve tangent to said line; thence northerly, northeasterly and easterly a distance of 1.57 feet along the curve concave to the southeast, having a radius of 1.00 feet and a central angle of 90°00'00"; thence South 89°59'17" East tangent to said curve, a distance of 7.19 feet to the beginning of a curve tangent to said line; thence easterly, northeasterly and northerly a distance of 47.12 feet along the curve concave to the northwest, having a radius of 30.00 feet and a central angle of 90°00'00"; thence North 00o00'43'' East tangent to said curve, a distance of 89.23 feet to the beginning of a curve tangent to said line; thence northerly and northeasterly a distance of 19.81 feet along the curve concave to the southeast, having a radius of 23.00 feet and a central angle of 49°21'16'' to a point of reverse curvature; thence northeasterly and northerly a distance of 27.13 feet along the arc of said curve concave to the northwest having a radius of 31.50 feet and a central angle of 49°21'16"; thence North 00o00'43" East tangent to said curve, a distance of 74.60 feet to the beginning of a curve tangent to said line; thence northerly and northwesterly a distance of 27.13 feet along the curve concave to the southwest, having a radius of 31.50 feet and a central angle of 49°21'14'' to a point of reverse curvature; thence northwesterly and northerly a distance of 19.81 feet along the arc of said curve concave to the northeast having a radius of 23.00 feet and a central angle of 49°21'14"; thence North 000000'43'' East tangent to said curve, a distance of 13.22 feet; thence North 03°32'41'' East, a distance of 53.71 feet; thence North 03o54'02. West, a distance of 32.41 feet; thence North 06°55'38'' East, a distance of 15.84 feet; thence North 17~06'10" West, a distance of 4.00 feet; thence North 60o48'27'' West, a distance of 3.87 feet; thence North 00o09'06" East, a distance of 65.23 feet to the northerly line of the above described property; thence easterly along said northerly line South 89°50'54'' East, a distance of 71.55 feet to the TRUE POINT OF BEGINNING. Containing 1.39 ACRES, more or less. PARCE~ B Beginning at the southwest corner of the above described property; thence northerly along the westerly line of said property, North 0°02'13" West, 40.00 feet, to the northerly line of the southerly 40.00 feet of said property, being the TRUE POINT OF BEGINNING; thence easterly along said northerly line, South 89°48'34" Bast, a distance of 24.95 feet; thence North 03o12'12" West, a distance of 9.99 feet; thence North 01°24'28" West, a distance of 10.00 feet; thence North 00°13'43" West, a distance of 59.30 feet; thence North 54°44'04'' West, a distance of 17.21 feet; thence South 89°57'47'' West, a distance of 9.92 feet to the westerly line of said property; thence southerly along said westerly line, South 00°02'13'' East, a distance of 89.12 feet to the TRUE POINT OF BEGINNING. Containing 0.05 ACRES, more or less. i'"BZOIOGZCAL OPEN SPACE EI EMENT PLAT /~POINT OF BEGINNING, PARCEL B SOUTHNEST CORNER, SOUTH .... 6~0 FEET, EAST 360 FEET, OF 2705 SEC 23, T~3S, R4W :: ~ m o PROPER OUNDAR m~ : :~ , ~PROPOSE NI m ~ D OPEN SPACE EASEMENT ~ ~ NORTHERLY LINE OF SOUTHERLY ZO~ , L ~ ~m~ I~ ~ 6~0 SE ~/4, NE ~/4, SECTION 23 . ' ' .... ..... ~ PROPERTY BOUNDARY ~/ C/L EL CAMINO REAL~__. , ~ POINT OF BEGINNING, PARCEL A NORTHEAST CORNER, SOUTH 6~0 FEET, EAST 360 FEET, OF SEC 23, T~3S, R4W AREA OF EASEMENTS: PARCEL A: ~.~9 ACRES ~ PASCO ENGINEERING PARCEL B: 0.05 ACRES~ (~m ~3~ N. HNY ~0~. STE, A gO~NA B~C~ CA ~. ~ ~TA ~ ~ ~9 49 '2 ~' ~6" 3~. 50'27. ~3' I 05'3t'00" 4737.00' 456.09' 20 NO0 '00'43"E 74.60' 2 SOO '02' t3"E 5~.46' 2~ 49'2t' t4" 3]. 50'27. ~3' 3 N28 ']3'52"E 6.92' 22 4g'2~' t4" 23.00' t9.81 4 N~6 'OB' 40"E ~0.00' 23 NO0 '00' 43'E ~3. 5 NO3'44'aB"E ~0.40' a4 NO3'3~'4~"E 53.7~ 6 NO5 '53'47"W ~8.B4' ~5 NO3 '54'Oa"W 3~.4~ 7 N~6'~4'54"E g.4~' ~6 NOB"55'38"E ]5.84' B S4~'38'~9"W ~0.~5' ~7 N~7"OB']O"W 4.00' 9 S73 '03' 3~" W 5.6~ ' ~8 N60 '48' ~7 "W 3.87' ~0 N89 '50 '54"W; ~g. gO' ~g NO0 "Og'O6"E 65. ~3' ~ NO0 '00'43"Em 88.~g' 30 88g'50'54"E 7~.55' ~2 N89'59' ~7"~ ~Og. O0' 3~ SSg '48'34'E a4.95' ~3 N00'00'43"1 ~B.O0' 3~ N03'~'~') g.99' ~4 gO'O0'O0" ~.00' ~.57' 33 NO~"~4'~B"W ~0.00' ~5 S89'59' ~7"E 7, ~g' 34 NOO"~3'43"W 59.30 ~6 gO '00' 00' 30.00' 47. ~' 35 N54 '44' 04"W ~7.2 ~7 NO0 '00' 43"E 8g. a3' 36 SSg '~7' 47"W 9.9~' ~8 4g'a~' ~6" a3.00' ~g,B~' 37 SO0'O~' ~3'E 89. PE 7~3F