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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 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 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