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1994-538814 1994 0538814 09-SEP-1994 OFFICIAL RECORDS Recording Requested By: S~N DIEGO COUNTY RECORDER'S OFFICE City of Encinitas GREGORY SMITH, COUNTY RECORDER When recorded mail to: i CF: 66.00 FEES: 66.00 city ClerX \ 846 Clty of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 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 93-181 No.258-140-63,68 W.O. No.: 3838G Encinitas Self Storage, Ltd., a California Limited Partnership 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 847 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 Grantor Date Grantor Date G~antor Signature of Grant~r's to be notarized. Attach the appropriate acknowledgements. cov3908 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) personalJyap~eared ~ ~(or proved to me on the basis of satisfa~o~ evidence) to be the person~ whose name~) isJ~e subscribed to the within instrument and acknowledged to me that ~/she/~y executed the same in h~/her/t~ir authorized capaci~(i~), and that by ~/her/t~r signatures~ on the instrument the person~, or the enti~ upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal ~~N D~B~H~ Signatu ~ Certificate Of Acknowledgment State of California ) Countyof San Diego ) On August 22, 1994 beforeme, Mary V Lauderdale a Notary Public for the StateofCalifomia. personally appeared Gerald Louis Zinniger and Jo-Ann Z'lnn'lger ........ personally known to me (or proved to me on the basis of satisfactor~ evidence) to be the person(s) whose name(s)~/am fubscribed to the within instrument and acknowledged to me that ~s~/they executed the same in ~i~heir authorized capacity(les), and that by ~r~t~eir signature(s) on the instrument the person(s), or the entity upon behalf, of which the person(s) acted, executed the instrument. W1TNES~n~ ha~d and OmCl~ s~al.~"~ ~ ~'~ FORM 00211 (Rev. 6/94) " PrE 850 'CALIF, ORNIA ALL-PUR ACKNOWLEDGMENT No. 590? State of CALIFORNIA County of SAN DIEGO On 8/24/94 before me, Maryann G. Lennick, Notary Public CATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" personally appeared Robert O. Halliday NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(,s.)-whose nameJ63,.) is/a.~e.. subscribed to the within instrument and ac- "~_.~.' - knowledged to me that he/~executed FIC~A[NOTARYSEAL' ~ the same in his/~ authorized (([~,~,"~'~ No~Pu~c--c~if~,a [ capacity(ie, s-), and that by his/13erJ, t,,be~ ~;~,,~l~f SAN DIEGO COUNTY '~ M'jComm Expires SEP03.1994[ signature(e) on the instrument the person(s)., ~ .................. [ or the entity upon behalf of which the person(r,~)-acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL Preservation Easement [] CORPORATE OFFICER Grant of Open Sp-ace/Habitat nmLEm) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL Slx [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: Grantor 8/22/94 DATE OF DOCUMENT JoAnn L Zinniger SIGNER IS REPRESENTING: Gerald L Zinniger NAMEOFPERSON(S)ORENTITY(IES) Lois T. Kleinschmidt ENCINITAS SELF STORAGF.~ Ltd: ~ SIGNER(S) OTHER THAN NAMED ABOVE California Limited Partnership ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Grant of Open Space/Habitat Preservation Easement and consents to recordation thereof by its duly authorized officer./ / ~ Date: ~, ~ By: MURR~f ~ARDE~,' fnte~im City Manager ~ity of Encinltas cov3908 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, S.B.M., IN THE CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 88°56'21' WEST, 430.00 FEET (NORTH 89°40'31" WEST, PER RECORD OF SURVEY MAP NO. 13042); THENCE NORTHERLY ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 15, SAID LINE ALSO BEING THE CENTERLINE OF A 60.00 FOOT WIDE PRIVATE ROAD EASEMENT KNOWN AS CAMINO EL DORADO, NORTH 01°33'38" EAST, 1013.51 FEET TO THE SOUTHWEST CORNER OF THAT LAND DESCRIBED IN DEED TO GERALD LOUIS ZINNEGER AND JO-ANN L. ZINNEGER, HUSBAND AND WIFE, RECORDED OCTOBER 28, 1959 IN BOOK 7961, PAGE 438 OF OFFICIAL RECORDS, THENCE CONTINUING NORTHERLY ALONG THE WESTERLY LINE OF SAID ZINNEGER LAND, NORTH 01°33'38" EAST, 108.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE NORTH LINE OF SAID ZINNEGER LAND, SOUTH 88°56'21" EAST, 237.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°56'21- EAST, 40.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 01018'02' EAST, 108.09 FEET, TO A POINT ON THE SOUTH LINE OF SAID ZINNEGER LAND; THENCE ALONG SAID SOUTH LINE, NORTH 88°56'21" WEST, 44.78 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 01°14'18- EAST, 108.00'FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, S.B.M., IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 88°56'21" WEST, 430.00 FEET (NORTH 89°40'31' WEST, PER RECORD OF SURVEY MAP NO. 13042); THENCE NORTHERLY ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 15, SAID LINE ALSO BEING THE CENTERLINE OF A 60.00 FOOT WIDE PRIVATE ROAD EASEMENT KNOWN AS CAMINO EL DORADO, NORTH 01°33'38· EAST, 760.51 FEET TO THE SOUTHWEST CORNER OF THAT LAND DESCRIBED tN DEED TO MARVIN W. KLEINSCHMIDT AND LOIS T. KLEINSCHMIDT, HUSBAND AND WIFE, RECORDED SEPTEMBER 12, 1952 IN BOOK 4590, PAGE 253 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 01 °33'38" EAST, 253.00 FEETTO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF SAID KLEINSCHMIDT LAND, SOUTH 88°56'21" EAST, 238:55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°56'21" EAST, 44.78 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 01018'02" EAST, 253.21 FEET TO A POINT ON THE SOUTH LINE OF SAID KLEINSCHMIDT LAND; THENCE ALONG SAID SOUTH LINE NORTH 88°56'21" WEST, 56.00 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 01°14'18' EAST, 252.99 FEET TO THE TRUE POINT OF BEGINNING, ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART OF THIS BY REFERENCE. o.s. ease. ® k _ ' ~0~.~7~ I Permit # Applicant RECORDING REQUESTED BY AND RETURN TO: City of Encinitas 505 S. Vulcan Encinitas CA 92024 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made be[ween (1)Gerald Louis Zinneqer and Jo-Ann L. Zinne.qer, husband and wife as ioint tenants hereinafter called the 'Beneficiary,' and (2)Encinitas Self Stora.qe, Ltd., a California Limited Partnership hereinafter called the 'Trustor'. The undersigned Beneficiary under Deed of Trust dated (3)July 22, 1994 and recorded on (4)Au.qust 2, 1994 as instrument number (5) File No. 1994- 0474879, of the Official Records in the Office of the County recorder of (6)San Die.qo encumbering the real property described in Exhibit A to this document, which Deed of Trust has as Trustee (7)Commonwealth Land Title Company, hereby acknowledges the (8)Openspace easement, dated (9) , executed by (lO)Encinitas Self Stora.qe, Ltd, a California Limited Partnership, recorded concurrently herewith, and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the City of Encinitas. ~ Dated: ~'~ ' ?/z4~ ~. B~GrNAT~~~,..~' By: ~~~,~r ~ SIGNATURE OF BENI~__~IAI~Y ~7 URE OF TRUSTOR Gerald Louis Zinnl~.qer Encinitas Self Storage, Ltd., TYPE OR PRINT NAME ABOVE a Califomia Limited Partnership 'I"~PE~5~M E ABOVE S~NATURE O~'BE~FlClAR~ I ATURE OF TRUSTOR~,'''~ Jo-Ann L. Zinn~.qer TYPE OR PRINT NAME ABOVE " ' 856 Certificate Of Acknowledgment State of California ) County of San Diego ) On August 22,1994 beforeme, Mary V Laud'erdale , a Notary Public for the StateofCalifomia, personally appeared Gerald Lot~J-~ Zinniger and Jo-Ann Zinniger ....... personally known to me (or p. roved to me on the basis of satisfactory evidence) to be the person(s) whose name(~)/~a~e/subscribed to the within instrument and acknowledged to me that ~/~/they executed the same in~sjg~r/t~eir authorized capacity(les), and that by~h~s/h6rftheir signature(s) on the instrument the person(s), or the entity upon behalf of y/h~ch the person(s) acted, executed the instrument. siWgnalTNtu~iS and °fficial I ~, $,_~A~~_/~% ~ ~ FORM 00211 (Rev. 6/94) CALIFORNIA ALL-PURPO CKNOWLEDGMENT 8.~ No,,9o? State of CALIFORNIA County of SAN DIEGO On 8/24/94 before me, Maryann G. Lennick: Natary Publir DATE NAME, TITLE OF OFFICER - E,G,, "JANE DOE, NOTARY PUBLIC" personally appeared Robert G. Halliday , NAME(B) OF SIGNER(B) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s-) is/a-~e. .................... subscribed to the within instrument and ac- t OFFIOIAL NOTARY SEAL [ knowledged to me that he/she/they executed ,~ ~.-~ MARYANN G.I.ENNICK [ ' I-.... ;~ [.- A:. ~['~l~';a~*~ No[aryPubl(c--Cali~omla [ the same in hlS/-,brC ......,, authorized ]'~_~ SAN O(EGO COUNTY [ capacity(ie-~, and that by h~s ........... r ]~MyComm. ExpiresSEP03, t994 [ signature(s) on the instrument the person(~, or the entity upon behalf of which the person(,s), acted, executed the instrument. WIT~ESS my hand an) offic/~eal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'I'rACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER SUBORDINATION AGREEMENT TITLE OR TYPE OF DOCUMENT TITLE(B) [] PARTNER(S) [] LIMITED [] GENERAL One [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: Trustor 8/22/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(B) OR ENTITY(lES) Bene f ici ar y Encinitas Self Stora[e; Ltd.: a SIGNER(S) OTHER THAN NAMED ABOVE C~ifo~nia Limited Partnership ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 5 858 Permit # Applicant RECORDING REQUESTED BY AND RETURN TO: City of Encinitas 505 S. Vulcan Encinitas CA 92024 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. O'HIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between (1) Lois T. Kleinschmidt, as Trustee under Declaration of Trust dated May 5, 1989 hereinafter called the "Beneficiary," and (2)~ncinitas Self Storaqe Ltd., a California Limited Partnership hereinafter called the "Trustof'. The undersigned Beneficiary under Deed of Trust dated (3)April 28, 1994 and recorded on (4)August 2, 1994 as instrument number (5)File no. 1994-047487~, of the Official Records in the Office of the County recorder of (6)San Die.qo encumbering the real property described in Exhibit A to this document, which Deed of Trust has as Trustee (7)Commonwealth Land Title Company, hereby acknowledges the (8)Openspace easement, dated (9) , executed by (lO)Encinitas Self Storage, Ltd., a California Limited Partnership, recorded concurrently herewith, and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the City of Encinitas. Dated:' ~'~ .:Z- ~ - SIGNATURE ~)F BENEFICIARY SIGNATURE OF T~USTOR Lois T. Kleinschmidt, Trustee under Encinitas Self Storage, Ltd.,a Declaration of Trust Dated May 5, 1989 Califomia Limited Partnership TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE SIGNATURE OF BENEFICIARY sI~rNATURE OF TRUSTOR TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE ' 'C~£1FORNIA ALL-PURPO&CKNOWLEDGMENT 8 ~ 9 State of County of '~,~ /0~.~ ~ On ~,~ ~beforeme, NAME(S} OF SIGNER(S) - -' '~'proved to me on the basis of satisfactow evidence ~ personally known to me OR to be the person(~ whose name(~ is/Ce subscribed to the within instrument and ac- knowledged to me that ~/she/t~y executed the same in hisSer/their authorized capacity(i~), and that by hi~/her/t~ir 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. -- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFR,CE. ,-- ,--,~ -~--~,~J ~. ~'~ ~J ;,~ .. ¢~.', ~ TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL / [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: ~'~fA~'~/'h-~L~'J~-~//, ~-~"~'7~ ~ ~.J DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave,, P.O. Box 7184 · Canoga Park, CA 91309-7184 · ' 860 C IFO.RNIA ALL-PURPO CKNOWLEDGMENT No. State of CALIFORNIA County of SAN DIEGO On 8/24/94 before me, blaryann G. Lennick, Notary Public DATE NAME, TITLE OF OFFICER - E,G., "JANE DOE, NOTARY PUBLIC" personally appeared Robert O. Halliday NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(e-) whose name(s-) is/a-r-e ............... subscribed to the within instrument and ac- ]'~' gFIC~AiNOTARYSEAL ~ knowledged to me that he/-~'~/*~'~", executed ] ~ MARYANN G. LENNICK ~ ][~'~b'~l;[:~J~'~ Nola~yPublic--Califo~nia [ the same in his/hee/-theer authorized ] l~,_~a~y S~N mE~ cou,~ [ t '~.,. M~Comm. Expires SEP03.1994[ capacity(i~), and that by his/~ ..................... signature(s) on the instrument the person(s)., or the entity upon behalf of which the person(s-), acted, executed the instrument. WITNESS my hand and officiaJ4seal. OPTIONAL Though the data below is not required by raw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER SUBORDINATION AGREEMENT TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL O~e [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR ~ OTHER: Trustor 8/22/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Bene f ici ar y Encinitas Self Storage, Ltd., a SIGNER(S) OTHER THAN NAMED ABOVE California Limited Partnership ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184