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2004-215172 1 . . . DOC # 2004-0215172 Recording Requested By: ) MAR :16. 200<'.¡. 4:02 PI"1 CityofEncinitas ) OFFICIAL RECORDS ). SAN DIEGO COUNTY ~:ECORDEWS OFFICE When Recorded Mail To: ) 20511 GREGORY .1. SMITH, COUNTY RECORDER City C]erk ) FEES: 0.00 OC: riA If CityofEncinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) 111111111111111111111111111111111111111111111111111111111111111111111 I ) -- - - - -- _,211O~~o215m FOR THE BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE J -¡, ///1 - " GRANT OF OPEN SPACE DRAINAGE PRESERV A nON EASEMENT 4-2-::>-, ), r:' Assessor's Parcel No.: Project Nos.: 00-167 EN 264-151-25 W.O. No.: 6358-G Richard J. Somers Jr., hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space drainage easement to the CITY OF ENClNlT AS, State of Ca]ifomia, hereinafter called GRANTEE, 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: (I) Grantor conveys a perpetual easement for open space over, upon, across and under the subject land consisting of an open drainage channel in the northwest corner of the subject property adjacent to Via Di Felicita not disturbed by the proposed grading. 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 the approved Concept Grading Plan, Casc #00-167 EN, and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said approval was issued by Declaration of the Community Development Director on May 21,2001, or as said approval may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (2) Grantor conveys 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 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 itse]f and its 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 Cd/mrh/gcuv:OO I 67ENosesmtcov I . 20512 . 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 the approved Concept Grading Plan, Case #00-167 EN, and the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said approval was issued by Declaration of the Community Development Director on May 21,2001, or as said approval may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, Case #00-167 EN, for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the open drainage channel adjacent to Via Di Felicita, and no clearing or removal of any vegetation shall be permitted except brush clearing for fire protection purposes by written order of the Encinitas Fire Protection Department. (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 of Encinitas 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 the adopted Mitigated Negative Declaration issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Declaration of the Community Development Director on May 21, 200 I, or as said approval 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 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 use to which the subject land may be put. Pursuant to the approval by the Community Development Director of the application for environmental review for proposed grading, Case #00-167 EN, the open space drainage easement required by the adopted Mitigated Negative Declaration for this project shall be implemented during the planning and construction of the approved project. The following mitigation measure was required: A drainage easement or other suitable action shall be taken to protect the open drainage channel in the northwest corner of the property in accordance with the Open Space Area delineated on the approved Concept Grading Plan dated received by the City on December II, 2000; Cd/mrhlgcov:Oo 16 7ENosesmtcov 2 . 20513 . This easement shall bind the owner and its successors and assigns. Date: ..J\:?(2.1 L 2. 'b~ ZO°.3 G~42< "ù Signature of Grantor shall be notarized. The appropriate acknowledgements shall be attached. I certify on behalf of the Community Development Director of the City of Encinitas, pursuant to authority conferred by the Mitigated Negative Declaration adopted by the Community Development Director on May 21, 200 I, that the City of Encinitas consents to the making of the foregoing Grant of Open Space Easement and consents to recordation thereof by its duly authorized officer. Date: f1A be£¿ ¡{P, zøt/ B:: -rS'1/ uJ ~ -/~ Patrick Murphy Community Development Director City of Encinitas Cd/mrhlg:cov:OO 167ENosesmtcov 3 . 20514 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT of California - }ss County of fu.n 1),~ onAf¥;¡ õ1~¡'eõlco~ ~,before me, 1)~m~~"!'}~N personally appeared' . cho.A"'d .J". SOmUS J'Í. 'y P,blie) N,me"I,!S,g"",) ¡¡ç personally known to me -J proved to me on the basis of satisfactory evidence ~ - - - - - - D~-S~C; - - J to be the person ()I) whose name()) is/are- - ø COmmIs3lcn 111284507 subscribed to the within instrument and I' Notay P\bIIc - caiIa11a I acknowledged to me that he/sllelil!ey executed San DIego County - the same in his/~r authorized ~ - - - _Mr~~~I:~f capacity('tl!l$) , and that by his/~ 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. ~~ Ploco Not'~ Seel Abo", , SigeeM' of Nol,~ P,blie 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 Title or Type of Document: --~ Document Date: -~------~ -------~---~-- Number of Pages --- Signer(s) Olher Than Named Above: --- --------- Capacity(ies) Claimed by Signer Signer's Name:__~__----- I Individual . Top 01 !home he" ::J Corporate Officer - Title(s): -~----~ --- ---------- ::J Partner -!l Limited 0 Generai I Attorney in Fact 1::J Trustee I J Guardian or Conservator I_____J I Other: --~-~---- ,,---- Signer Is Representing: -----------~-..- @"""""",'NOI'""òoci"""""DoSOIo'""PO '""'" 'C"""'h, c"'m~"o"WWW""Oo""o""mg '",dNo,"" Reo""G,""""" '800~"""" . EXHIBIT A 2°- THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2783 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1974 AS FILE NO. 74-168548 OF OFFICIAL RECORDS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES 30.00 FEET SOUTHERLY OF, MEASURED PERPENDICULAR TO, THE NORTHERLY BOUNDARY AND 40.00 FEET EASTERLY OF, MEASURED PERPENDICULAR TO, THE WESTERLY BOUNDARY OF SAID PARCEL; THENCE NORTH 8117'15" EAST, PARALLEL WITH SAID NORTHERLY BOUNDARY, 98.00 FEET; THENCE, DEPARTING SAID BOUNDARY, SOUTH 33'06'39" WEST 58.00 FEET; THENCE SOUTH 59'20'16" WEST 25.00 FEET; THENCE SOUTH 26'09'29" WEST 10.00 FEET; THENCE SOUTH 0019'14" WEST 28.00 FEET; THENCE SOUTH 55'34'10" WEST 21.56 FEET TO SAID WESTERLY BOUNDARY OF PARCEL 1; THENCE NORTH 12'34'33" WEST, ALONG SAID BOUNDARY, 98.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4729 SQUARE FEET, 0.109 ACRES. 11 111~ GARY ~MAGILL, L.. 5871 FILE NAME: SOME-LGL.DWG PLOT DATE: 04-01-01 . EXHIBIT B 20.6 NOTES CD EXISTING PRIVATE ROAD, I.O,D. AND UTILITY EASEMENTS PER RECORD DOCUMENTS. @ EXISTING PRIVATE ROAD AND UTILITY EASEMENT PER RECORD DOCUMENT. BEARINGS & DISTANCES PER PM 2783 OR CALCULATED THEREFROM. ~ AREA DESCRIBED IN EXHIBIT A. -------~A~~LlCIM------ ------ a N81'17'15"E 246.96' C? P,O.B. 0 ill CD' -- I') ...-__..___n__--- 1 -"--. . 1 - 40.00' , ""'- - L II --- Ii ~ ŒJ , ¡) À.ild!1 1 ~ 1\ .\---.._~ ~ 1\ \,:--,g] 'c. ø tJ, ~ SCALE: 1"=60' ~ I\' ,.Jm -0" \: '" DATA TABLE L1' ":"""I "-rill ~. 9'1 30,00'1 I 6 NO. BEARING LENGTH {" ~ I OJ N81'17'15"E 98.00' "& V" ~ ~ ':\, II œ S33'06'39"W 58.00' tJ ~. ~ a ~ C? II ŒJ SS9'20'16"W 2S.00' 0 0 [1] S26'09'29"W 10.00' .¡- II :;: rID SOO'19'14"W 28.00' -1 . II I') UJ !"J [§J SSS'34'10"W 21.S6' 'z:) .¡- II -:0:; r> [1] N12'34'33"W 98.00' ~ ~ II \ ':\, z \ ,...-j I \ Øll ¡) À.ild!l ./ .J--j ß '!>ó'l.'ò .~II "~ '00 --), Þ," 'ò :;Þ ..- II s~ ~~~ ?~~ I I I I I I FILE NAME: SOME-LGL.DWG PLOT DATE: 04-01-01