2001-197697 '.
2001-0197697
Recording Requested By: ~P~ 03 _~ ~OO1
City of Encinitas O~FICIAt REC~DS
When recorded mail to: ~ DIEGO ~TY RECORDER'S OFFICE
City Clerk J. ITH, COUNTY RECORDER
City of Enoinitas FEES: 0.00
505 s. Vuloan Avenue OC: NA
f~oinitas, CA 92024
~ ~OB THE BENEFIT O~ THE CITY
~ SBACf ABOVf FOB BfCOBDEB'S USE ONlY
G~T O~ OPEN SPACE/~BfTAT P~SERVATION EASEMENT
Assessor's Parcel ~ Project No.: ~'~
No. 2 -54 W.O. No.
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.
Dated this 1 ~ day of ~a~_ , ~oo~
Date ' '
Date Grantor
Signature of Grantor's to be notarized.
Attach the appropriate acknowledgements.
cov3908
C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
0 pemonally ~own to me - ~pmv~ to me ~ ~e bas~ of ~ evidence to ~ the pe~(s)
wh~e name(s) i~b~b~ to thegn instmm~t
~d a~~ me ~at h~sh~~ ~e
; ............ , ............. ~ s~e i~tho~z~ capaci~(ies), a~ ~at ~
~ ~ RAN~OUR ~ ~ir~~2 ~ inst~nt ~e~°n(s~'
~NOTARY PUBLIC-CALIFORNIA~ ~ ~ hlch tne person~s/acteu,
~[~-J COMM NO. ]~2~ - ex~t~ ~e instmme~
~ ~/ SAN DIEGO COUN~ ~ '
~. ..... · ~ WITNESS my hand and o~al seal.
OP~O~L
Description of A~ached D~ument
T~e or T~e of D~u~:
~cume~ Date: Number of Pages:
Sl~er(s) ~hm ~an Named Above:
Ca~ci~(ies) Claim~ by Signer(s)
Si~r's Name: Sign.s Name:
~ Individ~l ~ Indi~du~
~ ~mte ~cer ~ Coyote O~cer
~tle(s): ~s):
~ Pa~er ~ ~ Um~ed ~ General ~ Pa~er ~ ~ Limited ~ General
~ A~omw-in-Fa~ ~ A~mey-in-Fa~
~ Trustee ~ Trustee
~ Gua~ian or Consewator ~ ~ Gua~ian or C~sewator
~ O~er: T~ of ~b h~ ~ ~he~ T~ ~ ~umb here
Signer Is Representing: Signer Is Representing:
This is to certify that th terest in real property conveyed by d 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.
Dated: [ [ -' 7.-'~ "e 0 a /q
By:
Alan D. Archibald, P.E. (Notarization not required)
Director of Engineering Services
City of Encinitas
EXHIBIT "A"
GRANT OF OPEN SPACE EASEMENT
Parcel 3, Parcel Map 15133
A.P.N. 264-222-34
All those portions of Parcel 3 of Parcel Map 15133, in the City of Encinitas, County of San
Diego, State of California, according to Parcel Map thereof No. 15133, filed in the Office of
the County Recorder of the County of San Diego on February 10, 1988 as File No. 88-
063372, lying northerly of the open space easement granted to the City of Encinitas on
said Parcel Map 15133.
See plat, Exhibit "B", attached to this description and made a part thereof.
This legal description was prepared by Jon Blake, PLS 4368 on October 18, 2000.
lake PLS 4368 Expires 9/30/01
os-grant.doc
EXHIBIT "B"
RECORD EASEUENT DATA: OPEN SPACE
EASEMENT GRANTED
OD EXISnNG SEWER EASEMENT GRANTED TO THE LEUCAD~A
HEREON
COUNTY WATER DISTRICT PER DOC. NO. 87-014633
O.R., REC'D 1/13/87
~EXISTING OPEN SPACE EASEMENT GRANTED TO THE CITY OF ENCINITAS PER PARCEL MAP 15133
~EXISTING PRIVATE ROAD EASEMENT (WISHBONE
WAY) PER PARCEL MAP 15133; EXISTING
EASEMENT TO SDG&E PER DOC. NO.
88-094123, O.R., REC'D 3/I/88; EXISTING
EASEMENT TO PACIFIC TELEPHONE PER
DOC. NO. 91-0534771, O.R., REC'D
?AECEL 3
P,-,R,.,,- L. ,
OPEN SPACE __ f ~ J J ~' j j
EASEMENT / f ~
GRANTED
HEREON /
~3c- ~{~ '---- ~'~ ~ PORTION OF PARCEL 3 GRANTED HEREON
~ ~ 1 ~X~ TO THE CITY OF ENCINITAS AS OPEN
// l ~'~ ~ SPACE EASEMENT
{ / RECORD EASEt,~NT DAT~; (CONT)
, ~,~,~L.L. ~ ~ OPEN SPACE EASEMENT GRANTED TO
~ [ i THE CITY OF ENClNITAS PER PARCEL
MAP 15133, VACATED CONCURRENTLY
I ~ WITH THIS GRANT OF EASEMENT BY
I I SEPARATE DOCUMENT
I
60' 40' 20' 0 60'
SCALE: 1"--60' A.P.N. 264-222-34
& Assoc s, Inc. (760) 753-1453 ~,~"r I 0~' I