2003-145140 14758
" :lt O03 0145140
DOC
Recording requested by: FEB O7, 2003 2: 59 Pi'4
City of Encinitas ~FIOIAL RECOI~
When recorded mail to: ~ DIE60 8I]t~ITY t~CI~IEI~'S OFFICE
City Clerk ~¥ ,1. MITE, C01.1ffY I~CDP, EI~
City of Encinitas FEES: 0.00
505 South Vulcan Avenue (lC: ~
Encinitas, CA 92024
2003-0145140
~ SPACE ABOVE FOR h,~.,., ..........
~'~ ,,~.¢~,q~ GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT
Assessor's Parcel
No. 261-150-38 Project No.: 98-123
we N o. 7435
TEMPLE SOLEL, A, CALIFORNIA NON-PROFIT CORPORATION
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 all necessary public utility lines.
(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 it 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
Subject Land other than all necessary public utility lines.
(B) That it shall not use the Subject Land for any purpose except as OPEN SPACE
purposes.
(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 the City or its successors or assigns:
provided, however, that Grantor may excavate, grade or place sand, soil, rock gravel or
7449
14759
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 and all necessary utility lines.
(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 ,~L27 ~
day of ,200 ~
Date '"G~antor
Date Grantor
Signature of Grantor's to be notarized.
Attach the appropriate acknowledgements.
7449
4760
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.
Dated:
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
Notarization not required
7449
, , ~. Z~ 7 6 ~. EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARD1NO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 15896, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998,
DESCRIBED AS FOLLOWS;
PARCEL 'A ':
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26, AS IT
IS SHOWN ON SAID RECORD OF SURVEY MAP NO. 15896, SAID POINT BEARS
N89'28'36"W FROM THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
ALONG THE WESTERLY LINE OF SAID EAST HALF S00o$5' 16"W (RECORD
S00°55'09"W PER RECORD OF SURVEY MAP NO. 15896) 15.05 FEET; THENCE
N45'07' 11"E 21.12 FEET TO THE NORTHERLY LINE OF SAID SECTION 26; THENCE
ALONG SAiD NORTHERLY LINE N$9'25'36"W 14.73' TO THE POINT OF BEGINNING.
CONTAINS; 0.002 ACRES
PARCEL 'B' :
BEGINNING AT THE NORTI-FvVEST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26, AS IT
IS SHOWN ON SAID RECORD OF SURVEY MAP NO. 15896, SAID POINT BEARS
N89'25'36"W FROM THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
ALONG THE WESTERLY LiNE OF THE SAID EAST HALF S00°55' 16"W (RECORD
S00°$5'09"W PER RECORD OF SURVEY MAP NO. 15896) 243.06 FEET TO THE TRUE
POINT OF BEGINNING; THENCE S10'05'23"E 6.78 FEET; THENCE S18°41'36"E 34.74
FEET; THENCE S36° 10'38"E 31.64 FEET; THENCE S57°5 I'2Y'E 29.96 FEET; THENCE
S76'50'22"E 4696 FEET; THENCE S21'14' 15"W 18.35 FEET TO THE SOUTHERLY LINE
OF SAID PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 26 AS SHOWN ON RECORD OF SURVEY MAP NO. 15896; THENCE
ALONG SAID SOUTHERLY LINE N$9'25'35"W 97.19 FEET (RECORD N89'28'42"W PER
RECORD OF SURVEY MAP NO. 15896) TO THE WESTERLY LiNE OF THE SAID EAST
HALF; THENCE ALONG SAID WESTERLY LINE N00°55' 16"E (RECORD N00'55'09"E
PER RECORD OF SURVEY MAP NO. 15896) 107.90 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS: 0.093 ACRES ~ ~'"'",
S ~~P.I~$ 4307 DATED No. 4307
Iofl
I
"~ I~l PORTION
~o,,. " NE 'l/4
~ E 1/2,
,~. ~) NE 1/4,
,,.~,~ ~o ½ 7 SECTION 26
* Y 13 S, R 4 W
~o~ ~ ROS I 5896
~ ~ I TRUE POINT
~ o OF BEGINNING
o~
S10'O5'23"E 6.78'
~ , 4.~ INDICATES LIMITS OF BIOLOGICAL
~O ~ S18'41'56"E 34.74' ~'~ OPEN SPACE EASEMENT
CO , S36'10'38"E 31.64'
~ ~ S57'51'23"E 29.96'
~ ~ S76'50'22"E 46.96'
(s ~'=s'~" ~ e~0.~;' ~.o.s. ~9e> ~OS I 0*'o~0
TEMPLE SOLEL
BIOLOGICAL OPEN SPACE EASEMENT
su~ ~ ~s ~s. ~ ~ ENCINITAS, CA
343~ FOUR~ A~,
SAN DIEGO. CA 921,03 ~ SCALE: 1" - 50' ~ JOB~ 7499S ~ DA~: 09/27/02
14763
· ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
(' / SS.
County of ~ C'~ DJ ~3 0
On ~'~tlctO~ ~J~jc~O0~, before me, ~C;[ ~blqQ ~cQ.q, J~"~'~/' -~bl ic',
~late t . ~ Name a~l ~icer (e.~, "Jane Doe, Nota~ P~ublic")
personally appeared ~'~(C~0&P b. ~l(,q ~b .~(cx( ~, F~'~_~YB~51FI ,
Name(s) of Sigr~r(s) [
[~personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) .is/are
subscribed to the within instrument and
acknowledged to me that he,~ae/they executed
the same in h~/her/their authorized
capacity(les), and that by t=K,~{i~r/their
Com, signature(s) on the instrument the person(s), or
mL~ion # 1247~42 [ the entity upon behalf of which the person(s)
t~nl~. Cotlfoml~ _~ acted, executed the instrument.
MVC~rnm. E~:30a3t W,~N ESS my~ndl and official seal.
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 reattachment of this form to another document.
Description of Attached Document _ ~)~9~,~.~j')~9./~ O~;~r(t.'~
Title or Type of Document: C-)(o ~"~ d~ I '
ocument Date: ,\ ~ ¢~'.~Cbv'~/ <~<~ o'~(DO~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer -- Title(s):
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
1997 National Notaw Assccia ~ion · 9350 De Sore Ave, F~O Box 2402 · Chatsworth, CA 91313-2402 Prod NO. 5907 Reorder: Call Toll-Free 1-800-876-6827