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2002-40630 l} C 002-0040 ,.30 Recording requested by: JAN 3-~,, 2002 City of Encinitas OFFICIAL When recorded mail to: SI~ ])IE~;0 C0~ff¥ REC0~])ER'S OFFICE City Clerk 6RE60R¥ 3. SHITH, COUNT¥ City of Encinitas FEES: 0.00 505 South Vulcan Avenue 0C: ~ Encinitas, CA 92024 '~,~----~ FOR THE BENEFIT OF THE CITY ~. OF ENCINITAS ~ ) SPACE ABOVE FOR RECORDER'S USE ONLY ,,,~,~ ~ C/, GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parc~j No. 257-~500-02,03 Project No.: 94-066 TM W. 0. No.: 65§0-G ENGINITAS TOWN CENTER ASSOCIATES II, LLC 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 excepting those existing facilities, and drainage appurtenances. (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 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. Cov94-066OPEN SPACE (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, except any public trail easement granted to and accepted by the City of Encinitas. The granting of this easement is subject to the conditions of the easements granted on Map 13258 recorded in the office of the County Recorder of San Diego County on November 7, 1995. 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 .~)~-:I~'",,~Z;~, 200 ~ ENCINITAS TOWN CENTER ASSOCIATES II, LLC. By: ZRP ENCINITAS, LLC By: ZELMAN RETAIL PARTNERS, INC. By: ~,~, ~ ~ Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. cov3908 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cali~ oun, o }ss. On / '~'///.~/~-''1 ,befo re me Date ~ /~' ~ ~'~-~ ~/ Name a n~"Title of Officer ( e/g"~/",/~ n e Doe, Notar~ublic~) personally appeared ~'~:~-~t '_ "~¢~_.,,~. p/~e r~me(s) of Signer(s) onally known to me [] proved to me on the basis of satisfactory evidence to be the person.(~whose name~s')/ is/~,mce. ~J--.,~--'"S~',~'~'O~.~ '" subscribed to the within instrument and _~¢"~,~'%~ CommI.~o'~ # 1~'4~1 acknowledged to me that he/sheCCq~y executed z ~'~'??.F,:. ~;~ o'y ~.. ,c - Carffon~l the same in his ............ authorized ~ ~f..~ ~.~/; Lc~ A,%eie~ County capacity¢cs), and that by his/heflthek .~ "~.~ ,'~ Cc~'m. ~,?e~ Jul 1,2004 signature(s4/on the instrument the persort(g)', or the entity upon behalf of which the person?'¢ acted, executed the instrument. WITNES, S my hand and official seal. Place Notary Se~l Above OPTIONAL ~ not required by/aw, it may prove valuable to persons relying on Orm to another document. Description Title er Type of Document Date: Signer(s) Other Than Named Above: Capacity~Claimed by Signer Signer's Name: ~Codividual rporate Officer -- Title(s): Top of tbumb he, F~ Partner -- ~ Limited LJ ~ Attorney in Fact [] Trustee [] Guardian © 1997 National Notsry Assoc a on · 9350 De Soto Ave, PO Box 2402 · Chatsworth, CA 91313-2402 Prod No 5907 Reorder: Ca{l Toll-Free I 800-876-6827 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 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 Bodas Director of Engineering Services City of Encinitas Notarization not required cov3908 3IT A (LEGAL DESCRIPTION) SHEET 1 OF 1 OPEN SPACE EASEMENT Those portions of Lots 2 and 3 of Amended Map of Encinitas Map No. 13258, City of Encinitas Tract No. 94-066, Units I, II and III, In the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13333, filed in the Office of the County Recorder of San Diego County, June 3, 1996, described as follows: Beginning at the Northeast corner of said Lot 2; thence along the Easterly line of said Lot 2 the following courses: South 34°55'02" East 101.47 feet; North 75°41'25" East 31.51feet; South 25°48'52'' East 89.84 feet; South 10005'58'' East 57.62 feet; South 27°05'21" West 183.13 feet to the Southerly line of said Lot 2; thence along said Southerly line North 90°00'00'' West 92.44 feet to the Northeast corner of said Lot 3; thence leaving said Southerly line of Lot 2 along the Easterly line of said Lot 3 South 0°00'00" East 428.61 feet to a point on the Northerly Right of Way line of Leucadia Boulevard as shown on said Amended Map No. 13258, said point also being the beginning of a non-tangent curve concave Northerly having a radius of 1332.00 feet and to which beginning a radial line bears South 14°07'34'' West; thence along said Northerly Right of Way line westerly 114.37 feet along said non- tangent curve through a central angle of 4°55'10"; thence leaving said Northerly Right of Way line North 11°19'02" East 44.77 feet; thence North 1°07'23" West 75.84 feet; thence North 7°42'34'' West 30.74 feet; thence North 1°07'23'' West 80.00 feet to the beginning of a non-tangent curve concave Northeasterly having a radius of 150.00 feet, and to which beginning a radial line bears South 67°00'23'' West; thence Northerly 110.06 feet along said curve through a central angle of 42°02'21"; thence North 19°02'44'' East 46.61 feet; thence North 1°41'36'' West 85.11 feet; thence North 88°18'24'' East 146.59 feet to the beginning of a non-tangent curve concave Northwesterly having a radius of 62.00 feet, and to which beginning a radial line bears South 41°38'22" East; thence Northeasterly 21.39 feet along said curve through a central angle of 19°46'06"; thence North 28°35'33'' East 36.95 feet to the beginning of a curve concave Westerly having a radius of 27.00 feet; thence Northerly 21.56 feet along said curve through a central angle of 45°45'41"; thence North 17°10'09'' West 107.12 feet to the beginning of a curve concave Southwesterly having a radius of 32.00 feet; thence Northwesterly 11.86 feet along said curve through a central angle of 21°13'46"; thence North 38°23'55'' West 147.40 feet to the Northerly line of said Lot 2; thence along said Northerly line North 88°18'24'' East 86.13 feet to the Point of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. Cf 7320 Exp. 06/30/05 MY LICENSE EXPIRES JUNE 30, 2005 No. 732o /., SHEET 1 OF 2 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) OPEN SPACE EASEMENT 3 ~ POINT OF BEGINNING S~.)~,.~E / OPEN SPACE EASEMENT ~ (NORTHEAST CORNER , ~ LOT 2, MAP NO. 13333) ( N 88~18'24" E 207~2'~ .... ~ - - ........... X ~ 50' WIDE OPEN SPACE ~SEMENT FOR ~ ~1 ~5'~b WILDLIFE CORRIDOR PURPOSES G~NTED ~, ~ ~' ~X PER MAP NO. 13333 5 A=21 '13'46" ~ R=32.00' % % ~. OPEN S.ACE EASEMENT ~ R=62.00' ~ OPEN / ~S ( N ao'o0'o0" E) 2 (183.61') -., ~ (92.44') _.~ .~ ~ ~ ~ NOTE: ~ ' ~ DIMENSIONS/DATAIN (PARENTHESES) A=42~02'21- ~ ~ ~ ARE RECORD PER MAP NO. 13333 SHEET 2 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) OPEN SPACE EASEMENT / ~1~° (CONTINUED ON SHEET 1 OF2) q 90*00'00" W) /.I "~ (92.44') /~'.~ / ~,~ / ~' ~ / I z NOTE: / DIMENSIONS/DATE IN ,PARENTHESES) ~.;~ z ARE RECORD PER MAP NO. 13333. /