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2002-820326 Recdrding Requested by and ) ~ ~ ~ ~ , ~.~ · .... · When Recorded Mail To: ) City Clerk ) .~,?~ ~,, City of Encinitas ) !:?i: ' ~;~(*:~ 505 S. Vulcan Avenue ) i? r~ ~ Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE !~ .,~/l //i~/7 GRANT OF BIOLOGICAL PRESERVATION OPEN SPACE EASEMENT Assessor's Parcel Case No. 99-267 V/DR/CDP/EIA No. 259-190-76 Building Permit No. 02-980 Lasater Construction Company, Inc., a California corporation, ("GRANTOR" hereinafter), does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State "ITY" ' ' '' of California, ( C hereinafter), with terms, covenants and conditions as follows: An easement over, upon, across, and under the lands hereinafter described on Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto, hereinafter referred to as the subject land, to wit: (1) GRANTOR conveys a perpetual easement for open space over, upon, across and under the subject land consisting of all biological habitat not disturbed by the grading as shown on the approved project drawings for Case No. 99-267 V/DR/CDP/EIA. No building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall grading, landscaping or brush removal be performed, except as is permitted by Case No. 99-267 V/DRJCDP/EIA and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution No. PC 2001-47 of the Planning Commission on July 19, 2001 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (2) GRANTOR conveys the perpetual fight, 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 grading or placement of sand, soil, rock or gravel or any other material placed on the subject land contrary to any term, covenant or condition of this easement. (3) GRANTOR covenants and agrees for itself and its successors and assigns as follows: (A) That 'it shall not erect, construct, place or maintain, or permit the erection, CD/KK/g:\Covenant\99267vdrcdpeia.bio.osesmt 1 construction, placement, or maintenance of any building or structure or other thing whatsoever on the subject land, nor shall grading, landscaping or brush removal be performed, other than such buildings, structures, grading, landscaping or other things as is permitted by Case No. 99-267 V/DR/CDP/EIA and the associated adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution No. PC 2001-47 of the Planning Commission on July 19, 2001 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Case No. 99-267 V/DR/CDP/EIA for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the biological resources, and no clearing or removal of any vegetation shall be permitted. (C) That it 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 CITY or its successors or assigns; provided, however, that grantor may excavate, grade or place sand, soil, rock or gravel or other material on the subject land as is permitted by Case No. 99-267 V/DR/CDP/EIA, and the associated adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution No. PC 2001-47 of the Planning Commission on July 19, 2001 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (D) 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. It is agreed that the grant of this easement and its acceptance by CITY 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 use to which the subject land may be put. This easement shall bind the owner and its successors and assigns. GRANTOR: DatedQ /0~(.~.~) __~-.~ ~ ~.~. by LJim Lasi~r, President ater Construction Company, Inc. (Notarization of GRANTOR'S signature i~ attached) CITY OF ENCINITAS: I certify on behalf of the Planning Commission of the City of Encinitas, pursuant to authority CD/KYdg:\Covenant\99267vdrcdpeia.bio.osesmt 2 confc~n'ed by Resolution No. PC 2001-47 of said Commission adopted on July 19, 2001, that the City · of Encinitas consents to the making of the foregoing Grant of Biological Preservation Open Space Easement and consents to recordation thereof by its duly authorized officer. Patrick Murphy (Notarization not required) Community Development Director CD/KK/g:\Covenant\99267vdrcdpeia.bio.osesmt 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. State of County of ,~q,h I ~0 On, ~' 9~- before me, DATE ~ NAME, TITLE OF OFFICER - E.G,, "JANE DOE, NOTARY PUBUC" personally appeared ~ ~ ~ r NAMe(S) OF ~IGNER(S) ~ personally known to me - OR - oved to me on the basis of satisfacto~ e~ence to be the person(s) whose name(s~/are subscribed to the withi~strument and ac- knowledged to me tha~he/they executed the same in ~her/their authorized ......................... capacity(ies), and that b~/her/their ~-~ROBERTOFFICI~LSEALD. COLLETT ~ signature(s) on the instrument the person(s), ~NOTARYPUBLIC-CALIFORN~A~~;~ COMM. NO. ~]~aS~ ~ or the entity upon behalf of which the ~/ SA~D~E~OCOUNT~ ~ person(s) acted, executed the instrument. WIT~SS my hand and offioial seal. SIGNATHRE 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 OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-FORNEY-IN-FACT NUMSER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 11-1E BASIS O~ 8EAR/NC FOR ~/S ~LAT ' /~ ~E SOU~E~LY LINE ~ PARCEL ~ PARCEL MAP llSIJ L2 N 41'06'41' IE S 72~J'00" E L3 S I~02'40" ~ 32.31' L4 S ~'~6' E 25.95' ZF~4Z DFSEM~/8~. L5 S 7~28'0J" W 24.99' P~B~ ~ PAR~L 3 ~ PAR~L MAP 11513 L6 N 59'59'~" L7 N I~45'~" = ~UE P~N? ~ ~gNNINC / 75'40'04" W S 72~$'00" E 196.35' 57~1 PALMER WAY, SIHTE G LS. 4611 CARL~BAD, CALIFOHNIA (7~O) 4~-17~ FAX (7~0) 4-1~-~991 "B" EXHIBIT "A" LEGAL DESCRIPTION BIOLOGICAL HABITAT OPEN SPACE EASEMENT A PORTION OF PARCEL 3 OF PARCEL MAP NO. 11513, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 17, 1981 AS FILE NO. 81-226500 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINN/NG AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLy ALONG THE SOUTHERLy LINE OF SAID PARCEL 3, SOUTH 72°23'00 EAST A DISTANCE OF 196.35 FEET TO THE SOUTHEASTERLy CORNER OF SAID PARCEL 3; THENCE NORTHEASTERLy ALONG THE EASTERLy LINE OF SAID PARCEL 3 NORTH 15047'57'' EAST A DISTANCE OF 68.26 FEET; THENCE LEAVING SAID EASTERLy LINE NORTH 68053'39.' WEST A DISTANCE OF 11.44 FEET; THENCE NORTH 41006'41" WEST A DISTANCE OF 27.85 FEET; THENCE SOUTH 16002'40'' WEST A DISTANCE OF 32.31 FEET; THENCE SOUTH 00°08'16'' EAST A DISTANCE OF 25.95 FEET; THENCE SOUTH 79°28'03" WEST A DISTANCE OF 24.99 FEET; THENCE NORTH 60044'31" WEST A DISTANCE OF 38.46 FEET; THENCE NORTH 75040'04'' WEST A DISTANCE OF 54.10 FEET; THENCE NORTH 59059'30'' WEST A DISTANCE OF 21.50 FEET; THENCE NORTH 13045'35'' WEST ADISTANCE OF 14.30 FEET; THENCE NORTH 12°49'17'' EAST A DISTANCE OF 7.20 FEET TO THE WESTERLy LINE OF SAID PARCEL 3; THENCE SOUTHWESTERLy ALONG SAID WESTERLy LINE OF SAID PARCEL 3, SOUTH 47039'22'. WEST BEGINNING. A DISTANCE OF 49.95 FEET TO THE TRUE POINT OF AREA = 5812.53 SQ. FT. 0.1334 ACRES MORE ORLESS P.L.S. 4611 RE ST T,ONE, ,n s 9-30-02