2001-672088 Recording Requested By: ~3EP 18 .. 2001 4: ~6
city of Encinitas DFFICIA[ RECORDS
When recorded mail to: SAN DIEGO COUNTY REOORDER'S OFFICE
city Clerk GEGORY J. SWIl'b COUNTY REOORDER
city of Encinitas FEES: 0.00
505 s. Vulcan Avenue 0[~: NA
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE ONLY
FOR
THE
BEN~FIT
OF
THE
CITY
;/-~ G~T OF OPEN SBACE/~BITAT PRESERVATION EASEEENT
Assessor's Parcel Project No.:
N°-262-!60 !7 W.O. No.:7065-G
THE GRAUER FOUNDATION FOR EDUCATION
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
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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.
Date
Date Grantor/~9(~ ~L/~g77~
Date Grantor
Signature of Grant~r's to be notarized.
Attach the appropriate acknowledgements.
cov3908
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~.,,'p~/'
County of ..~/~'-/N t~ ~'~G
personally appeared .
~ personally known to me - OR - ~proved to me on the basis of
satisfactow
evidence
to
be
the
person~
whose name(~ is/~ subscribed to the within instrument
and acknowledged to me that he~ executed the
same in gis/~authorized capaciW(~, and that by
his/~ signature(~on the instrument the person~),
_ or the entity upon behalf of which the person(~ acted,
executed the instrument.
O~A~ L Signature of Nola~ Public
Though the information below is not required by law, it may prove va/uab/e to persons relying on the document and cou/d prevent
fraudulent removal and rea~achment of this form to another d~ument.
Description of Affached Document
Title or Type of Document: ~~
Document Date: ,~ ~ ~ ~/
Signer(s) Other Than Named Above:
Capa~it~(i~,) Claimed b~
8i~ner's ~amo: ~~ ~ ~~ ~r's ~ame: .
Oividual ~ ual
orporato Officer
Title(s): Title~
~ Pa~ner-- ~ Limited ~ General ~ Limited ~ General
~ Attorney-in-Fact ~ Attorne
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian
~ Other: Top of thumb here ~ Other: Top of thumb here
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 En¢initas adopted on November 9, 1994 and
the grantee consents to recordation thereof by its duly authorized officer.
Dated: ~
By:
~, P.E. Director of Engineering Services
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION
OPENSPACE EASEMENT
AN EASEMENT FOR OPENSPACE PURPOSES OVER, UNDER, ALONG, AND
ACROSS THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 2162 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
RECORDED NOVEMBER 13, 1973 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS.
PARCEL "A"
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE
0°39'3 I"E 479.25 FEET (N0°02'55"W 479.18 RECORD); THENCE
S89°08'40"E(S89°50'54"E RECORD) 240.24 FEET; THENCE S08°42'39"W 80.98
FEET; THENCE S72.°46'23'W 47.28 FEET TO A POINT, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 90.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIALLY LINE TO SAID POINT BEARS N 17°01 '51 "W;
THENCE SOUTHWESTERLY 108.91 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 69019'54'' TO A POINT, SAID POINT BEING
THE BEGINNING OF A NON-TANGENT 491.79 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIALLY LINE TO SAID POINT BEARS
N80°59'56"W; THENCE soLrI'HERLY 172.81 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 20°08'01 TO A POINT, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT 105.66 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIALLY LINE TO SAID POINT BEARS
S88°42'53"W;THENCE SOUTHEASTERLY 115.19 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 62°27'49"; THENCE NON-
TANGENT TO SAID CURVE S00°46'13"W 39.46 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY
LINE N89°13'47"W(N89°56' 16"W RECORD) 186.43 FEET TO THE POINT OF
BEGINNING.
PARCEL "B"
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1 BEING ALSO
THE CENTERLINE OF EL CAMINO REAL (126.00 FEET WIDE) AS SHOWN ON
SAID PARCEL MAP 2162; THENCE ALONG THE NORTHERLY LINE OF SAID
PARCEL 1 N89°08'40"W(N89°50'54"W RECORD) 100.25 FEET TO THE TRUE
POINT OF BEGINNING; THENCE S01°37'13"W 53.59 FEET TO A POINT, SAID
POINT BEING THE BEGINNING OF A NON-TANGENT 262.18 FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIALLY LINE TO SAID POINT BEARS
S08°46'49"E; THENCE WESTERLY 89.43 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 19032'37'' TO A POINT, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT 27.66 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIALLY LINE TO SAID POINT BEARS
S05°13'51"W; THENCE NORTHWESTERLY 28.39 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 58047'57'' TO A POINT, SAID
POINT BEING THE BEGINNING OF A NON-TANGENT 46.19 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIALLY LINE TO SAID POINT BEARS
S81 °59'45'W; THENCE NORTHEASTERLY 41.34 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 51016'44'' TO A POINT ON
THE NORTH LINE OF SAID PARCEL 1; THENCE ALONG SAID LINE
S89°08'40"E 100.75 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL "C"
VEGETATION CORRIDOR
AN EASEMENT FOR THE VEGETATION CORRIDOR OVER, UNDER, ALONG
AND ACROSS THE NORTHERLY 60.00 FEET OF SAID PARCEL 1. EXCEPTING
THEREFROM THE ACCESS DRIVE TO TENNIS CLUB DRIVE AND
ASSOCIATED GRADING/IMPROVEMENTS, AT THE MINIMUM WIDTH
REQUIRED BY THE CITY OF ENCINITAS, ENTRY GATE POSTS, AND THE
PROJECT MONUMENT SIGN. AS DESCRIBED IN CONDITION "SCD" OF THE
CITY OF ENCINITAS PLANNING COMMISSION RESOLUTION NO. PC 2000-30
PASSED AND ADOPTED ON MAY 25, 2000.
EXHIBIT "B"
OPENSPACE AND VEGETATION
EASEMENT
~./ ~ s~'~o~,~o~, - / '
II ~ / ~,'i"~c~ ~-,,
LJ~E BEARE~B B~STANCE 63' 63'
Lt NO0 '46'13'[39.46'
12 N78 '46 ~3'[4728
L3 NO8 '4;2:39~80.98'
L4 50t '37'~31~53.5g'
C.I 5t '16'44' 4.f.34 46.t9
PE789