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2002-773056 Recording requested by: L~E.:i? LI.O City of Encinitas When recorded mail to: SAr4 ~!EG0 C0iJNTY F~[(CORDER'S OFFICE City Clerk (;F;Ei~D;ff 3'~ SHITH, (:0UNTY REC0~:DEF: City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ~ SPACE ABOVE FOR RECORDER'S USE ONLY ¢~G~NT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel ~o. 2~4-~5~-52 ~rojoct ~o.: 0~-054 TM/ W. 0. ~o.: OklV~HAI~ ?RO~fiRTIfiS ~ ~ LLC. A California Umited Uability Company as owners of tho land described as: kOTS 2 A~D 4 OF Gl~ OF E~GI~ITA8 TRACT ~0.0~-054 ACORDI~G TO ~O. ~440~ FIkED I~ THfi OFFIG~ OF THE SA~ DI[GO COU~ RfiGORD[R ~ 2~, 2002 Cl~ OF ~CI~ITA8, COU~ OF SA~ DlfiGO, STATE OF Hereinaffor called GRAnTOR(S) do(es) homby ~mnt, convey and dedicate to tho fi~CI~ITAS, Stato of Gali[ornia, hominaffer cal~od (A) A perpetual oasement for O~E~ S~ACE purposes ovor, upon, across and undor tho Subject kand, as described in ~xhiBits '% and B" attachod hereto, for purposes of prese~ation of a riparian wotland ama and a required fifty foot buffer therefrom, and no guildin~, structure or othor thin~ whatsoovor shall ~e constructed, erected, placed or maintained on the Subject kand except as exists. (B) lbo porpotual right, but not the ogli~ation to enter upon tho Subjoct kand and remove any buildings, structures or other thin~s whatsoever constructed, omcted, placod or maintainod on the Subject kand contm~ to any term, covonant or condition of this easemont and to do any work necessa~ to eliminate the effects of any excavation or placement of sand, soil, rock or ~mvel or any other material done or placed on the Subjoct kand contm~ to any term, cownant or conditions of this easomont. GRANTOR covonants and a~mes for himself and his successors and assigns as follows: (A) lhat he shall not erect, construct, place or maintain, or pormit the erection, construction, p~acoment or maintenance o[ any buildin~ or structure or other thin~ whatsoever on tho Subject kand other then such buildings, structures and other thin~s as may bb permuted pursuant to the zonin~ ordinance of the City of fincinitas. Cov01-054 7316 (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 ,:~27~,¢~')~- ,2002. ~'-rantor (p'drft' na~me) ' Date Grantor (print name) Date Grantor Signature of Grantor's to be notarized. Attach the appropriate acknowledgements. Cov01-054 7316 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. Peter Cota-Robies Director of Engineering Services City of Encinitas Notarization not required Cov01-054 T516 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorde~,?,c~z, ~v~5=.-~.~.ee,~- as File/Page No. O~.-_~?~,~,t[.. subordinated to Gr~nt of Open Space/Habitat Preservation Easement ("DOCUMENT" hereinafter) required as condition of approval of O J -- C~ I DATED B E Title: DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date: ~L?~ ;~,~;~¢_2,d)~ By: -~J~'~r~e - -e!~aR'ob~les~'""'"~t Director of Engineering Services City of Encinitas Cov01-054 7316 EXHIBIT A THOSE PORTIONS OF LOTS 2 AND 4 Of CITY Of ENCINITAS TRACT NO. 01-054 ACCORDING TO MAP THEREOF NO. 14409 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER JUNE 21, 2002, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER Of SAID LOT 4; THENCE SOUTH 87'49'18' WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT, ALSO BEING THE NORTHERLY SIDELINE OF VIA DI FELICITA, 76.31 FEET; THENCE NORTH 16'02'21" WEST, DEPARTING SAID BOUNDARY LINE, 128.79 FEET ALONG THE EASTERLY SIDELINE OF A 12.00 FOOT WIDE RECREATIONAL TRAIL EASE- MENT AS SHOWN ON SAID MAP; THENCE NORTH 28'31'50" WEST, ALONG SAID SIDELINE, 12.19 FEET TO A POINT WHICH LIES IN THE SOUTHERLY BOUNDARY LINE OF SAID LOT 2 BEARING SOUTH 80'55'30" WEST 87.85 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE CONTINUING ALONG SAID SIDELINE, NORTH 28'31'50" WEST 121.81 TO A POINT WHICH LIES 17.00 FEET SOUTH- ERLY OF, MEASURED PERPENDICULAR TO, THE NORTHERLY BOUNDARY LINE OF SAID LOT 2; THENCE NORTH 87'35'22" EAST, ALONG A LINE PARALLEL WITH SAID BOUNDARY, 55.69 FEET; THENCE NORTH 28'$1'50" WEST, PARALLEL WITH SAID TRAIL SIDELINE, 5.57 FEET TO A POINT WHICH LIES 12.00 FEET SOUTHERLY OF, MEASURED PERPENDICULAR TO, SAID NORTHERLY BOUND- ARY; THENCE NORTH 87'35'22" EAST, PARALLEL WITH SAID BOUNDARY, 70.06 FEET TO A POINT WHICH LIES IN THE EASTERLY BOUNDARY LINE OF SAID LOT 2 BEARING SOUTH 11'59'45" EAST 12.17 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 11'59'45" EAST, ALONG SAID EASTERLY BOUNDARY, 105.65 FEET TO THE SOUTHEAST CORNER OF LOT 2, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 4; THENCE CONTINUING SOUTH 11'59'4-5" EAST, ALONG THE EASTERLY BOUNDARY OF LOT 4, 148.69 FEET TO THE POINT OF BEGINNING. CONTAINING 23,088 SQUARE FEET, 0.530 ACRES. L.S. 5871 EXPIRES 'GARY Ho M,Z, GILL, L.~. 5871 FILE NAME: MD1-LGL.DWG "~ EXHIBIT B N87'35'22"E 260.65' ";' - (~ " SCALE: 1" "" -~3.-~"-t-,,' ,;" ' = 50' ,~,'-" ~ ~ LOT 2 \ ~ ,'P" ~ LOT 4 \ --1 169.52' S87'49'18"W 265.85' B. NOTE S VIA DI FELIClTA OPEN SPACE BUFFER ZONE AS SHOWN ON MAP 14409 PUBLIC RECREATIONAL TRAIL PER MAP 14409 BIOLOGICAL OPEN SPACE AS SHOWN ON MAP 14409 PUBLIC SEWER EASEMENT PER MAP 14409 // BEARINGS & DISTANCES PER MAP NO. 14409 L.S. 5871 OR CALCULA'rED THEREFROM. ,~, EXPIRES x~ ~ 2/~?~4 ~ DATA TABLE NO. BEARING DISTANCE ~ ~.~ ~ Ii N 87'35'22" E 55.69' ~ N 28'31'50" W 5.57' N 87'35'22" E 70.06' (~AR"Y AGILL, 1 N 28'51'50" W 12.19' FILE NAME: MD1-LGL. DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 50¢q ~)i~ / ss. On ~t~tel'~l ,.,~00~, before me, ~ Name and Title of Officer (e9, "Jane Doe, Notary Public') personally appeared Name(s) of Signer(s) ~2personally known to me ~J proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/are subscribed to the within instrument and  acknowledged to me that he/sh~ executed the same in his/,hor/t.hclr authorized capacity(ba~), and that by his/l'~r-lt.l~g ~ ~ ~ D~ego ~ [ signature(A) on the instrument the person(~), or ~ the entity upon behalf of which the person(y) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: ~ Individual Top of thumb here bJ Corporate Officer-- Title(s): [] Partner-- ~ Limited ~ General [] Attorney in Fact [ J Trustee ~ Guardian or Conservator ~ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~)Q,~ ~i O2~0 ss. O ~ I~, ~ , before me,. Date personally appeared ~o~5 ' ~e(s) of Signer(s) ~ personally known to me ~ 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/s~y executed the same in his/~r authorized capacity(i~), and that by his/~r 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. Pla~ NotaW Sea[ A~ve Signature of Notary Public OPTIONAL Though the information below is not required by law, i~ may prove valuable to persons relying on the document and could prevent fraudulent removal a~d reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Oapacity(ies) 61aimed by Signer Signer's Name: ~ Individual Top of thumb here ~ Corporate Officer ~ Title(s): ~ Pa~ner ~ ~ Limited ~ General ~ Attorney in Fact ~ Trustee ~ Guardian or Conse~ator Q Other: Signer Is Representing: © 1999 National NotaP/Asscciation ° 9350 De Soto Ave., PO Box 2402 · Chatswor~h CA 91313~2402 ' ~ natl°naln°tary'°rg prod NO 5907 Reorder: Call T°ll Free I 800 876 6827