2000-77699 2000-0077699 DOC 2000-0077699
Recording Requested By: FeD 15, 2000 10: 08
City of Encinitas OFFICIAl RE~ORDS
When recorded mail to: ~ DIEGO ~TY RE~RDER'S OFFICE
City Clerk ~ 4 0 GEGO~Y J. SMITH, C~NTY RE~OR~R
City of Enoinitas FEES: 0.00
505 S. Vulcan Avenue ~:
Encinitas, CA 92024
FOR THE BENEFIT OF ~E CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
~'~'~Assessor's Parcel Project No.: G058G
No. 2~2-06~-38 W.O. No.: ADR/CDP 98u1~6
ROBERT W. SPENCER AND JUDITH F. SPENCER, HUSBAND AND WIFE
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 Ggnt?
Date - - ~ '
Ggantor
Signature of Grant~r's to be notarized.
Attach the appropriate acknowledgements.
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UNITED MEXICAN STATES )
STATE OF GUANJUATO
CITY OF SAN MIGUEL DE ALLENDE) ss:
CONSULAR AGENCY OF THE )
UNITED STATES OF AMERICA )
I, Philip J. Maher, Consular Agent of the United States of
America in and for the State Guanajuato, Mexico, certify that on this day the individuals
named below appeared before me and acknowledged to me that the attached instrument
was executed freely and voluntarily.
Robert W. Spencer & Judith F. Spencer
Phil~ ~laher
Consular Agent of the United States of America
22 December 1999
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 Grant of Open Space/Habitat
Preservation Easement and consents to recordation thereof by its
duly authorized officer.
Date:
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE WESTERLY LINE OF SAID SECTION 24,
DISTANT THEREON NORTH 0008'23" EAST, 598.00 FEET FROM THE SOUTHWEST
CORNER OF SAID SECTION 24, BEING POINT "A" OF THIS DESCRIPTION;
THENCE ALONG SAID WESTERLY LINE SOUTH 0008'23'' WEST, 328.00 FEET;
THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 24, SOUTH
89°49'00" EAST, 445.00 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF
SAID SECTION 24, NORTH 0008'23, EAST, 104.00 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF THE SOUTHERLY 374.00 FEET OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
24 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0008'23,
EAST, 224.00 FEET, MORE OR LESS';-TO AN INTERSECTION WITH A LINE WHICH
BEARS SOUTH 89°49'00" EAST FROM POINT "A" ABOVE DESCRIBED; THENCE
SOUTH 89049'00" EAST, 210.36 FEET, MORE OR LESS, TO THE EASTERLY LINE
OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24; THENCE ALONG SAID EASTERLY LINE, SOUTH
0°01 '03" WEST, 48.00 FEET; THENCE NORTH 89049'00, WEST, 60.39 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 100.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 90002'37", 157.16 FEET; THENCE SOUTH
0008'23" WEST, 75.92 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY
374.00 FEET OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 24; THENCE ALONG SAID
NORTHERLY LINE, NORTH 89o49'00, WEST, 50.00 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL OF LAND CONTAINS 0.483 ACRES, MORE OR LESS.
PETER C. GOLDING
LS 4768