2005-1105423
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RECORDED REQCEST or
First American Title
SllHl>i\/IS10N M^:'I'ING DEP"l
DO~ 2005-1105423
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DEe 27, 2005 3:38 PM
OFFIC\,t.,L f-\E.CDF~D~:;
S,bJ) UIE.GU CClUH1'( RECORDER":, UFFtCE
CFiEGOH"{ .J. ':,H1TH" CCIUI'lT'( RECClRClER
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DC 1'1.6
P,bfiES r:,
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Recprding Requested By and )
When Recorded Mail To: )
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Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
13430
City Clerk
City of Encinitas
505 S, Vulcan Avenue
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2005-1105423
SP ACE ABO
1(.-51581-1-'7.
GRANT OF BIOLOGICAL PRESERVATION OPEN SPACE EASEMENT
Case No. 02-194 TPM
Assessor's Parcel
No. 264-450-05
Jeffrey C. Cornwell and Elizabeth A. Cornwell as to an undivided 50% interest and Cornwell Group,
Inc., a California Corporation, as to an undivided 50% interest ("GRANTOR" hereinafter), do hereby
grant, convey and dedicate an open space easement to the CITY OF ENCINIT AS, State of California
("CITY" hereinafter), 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 the "Biological Open Space Easement" as shown on the approved
project drawings for Case No. 02-194 TPM. No building, structure or other thing
whatsoever shall be constructed, erected, placed or maintained on the subject land, nor shall
grading be performed, except as is permitted by Case No. 02-194 TPM, as said permit was
issued by Notice of Decision No. PBD 2004-72 of the Director of the Planning and Building
Department on July 19, 2004, or as said permit 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 itself 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
whatsoever on the subj ect land, nor shall grading be performed, other than such
buildings, structures, grading, or other things as are permitted by Case No. 02-194
TPM, as said permit was issued by Notice of Decision No. PBD 2004-72 of the
Director of the Planning and Building Department on July 19, 2004, or as said permit
CD/KKI g:\Covenant\02-194tpm.osesmt.doc
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13437
may be hereinafter amended or modified pursuant to the Municipal Code of the City
of Encinitas.
(B) That, except for those portions authorized by Case No. 02-194 TPM for grading and
landscaping, it shall not use the subject land for any purpose except as open space to
permanently maintain the biological/riparian forest area.
(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 CITY 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 Case No. 02-194
TPM, as said permit was issued by Notice of Decision No. PBD 2004-72 of the
Director ofthe Planning and Building Department on July 19, 2004 or as said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City
ofEncinitas.
(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 CITY 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. This easement shall bind the owner and its successors and assigns.
Dated
~~ )'q -(}~T
by ~~ c? 4fJ
Jeffrey C. Cornwell
by ~t /
well, Cornwell Group, Inc.
GRANTOR:
Dated .A' ")} 2 'I It) c.,
, I
DatedAt<} Z'1ft/5
by
(Notarizations of GRANTORS' signatures are attached.)
CITY OF ENCINITAS:
I certify on behalf of the Director of the Planning and Building Department of the City of Encinitas,
pursuant to authority conferred by Notice of Decision No. PBD 2004-72 of said Director adopted on
July 19, 2004, that the City of Encinitas consents to the making of the foregoing Grant of
Biological/Riparian Preservation Open Space Easement and consents to recordation thereof by its duly
authorized officer.
Dated ~.- ~ (- Z-tZ/5-
by
rs.L( uJ-lZR d-iM-Lc---
Patrick Murphy
Director, Planning and Building Department
(Notarization not required)
CDIKK/g:ICovenantI02-194tpm.osesmt.doc
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13~!38
EXHIBIT A"
LEGAL DESCRIPTION
BIOLOGICAL OPEN SPACE EASEMENT
ENCINITAS TPM 02-194
THAT PORTION OF THE NORTH HALF OF THE WEST HALF OF THE SOUTH HALF OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4,
TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE cm OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTH HALF OF THE WEST
HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 4; THENCE ALONG THE NORTHERLY LINE OF SAID
NORTH HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER SOUTH 88'11'39" EAST 40.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH
88'11'39" EAST 573.63 FE~; THENCE SOUTH 2'04'23" WEST 100.00 FEET; THENCE
NORTH 88011'39" WEST 433.94 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH
1048'21" EAST; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
114.68 FEET THROUGH A CENTRAL ANGLE OF 131'24'54" TO A POINT ON SAID CURVE
TO WHICH A RADIAL LINE BEARS SOUTH 50023'26" WEST; THENCE TANGENT TO SAID
CURVE SOUTH 39036'34" EAST 95.74 FEET; THENCE SOUTH 29'42'18" WEST 32.95
FEET; THENCE SOUTH 1040'53" WEST 26.13 FEET; THENCE NORTH 88021'32" WEST
94.57'; THENCE NORTH 52029'16" WEST 71.60 FEET; THENCE NORTH 2'27'00" EAST
268.62 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "B"
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13439
PLAT
BIOLOGICAL OPEN SPACE EASEMENT
ENCINITAS TPM 02-194
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SCAlE: 1" a: 100'
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50 100 150
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NE OORNER OF THE
NI/2, Wlj2, 51/2, NW1/4,
SWI/4, SECTION 4
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NW CORNER OF THE I ~!ll NE E OFTHE I
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I SWI/4, SECTION 4 I S ~ SWI/4, SECTION 4 I
I APN 264-450-01 I ~ ~ APN 264-450-02 I
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APN 264-460-06
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- INDICAlB AREA TO BE DEDICATED TO THE CITY OF ENQNITAS
FOR BIOLOGICAL OPEN SPACE EASEMENT
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13440
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
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On
FO'/oS
, , Date
before me, __ % f- L/t/O-"1Q
'" __ Name and Title <=!tOfficer (e'9,:'"':lane Doe. Notary Publi~ .
:72.'~ y <:/- 8/~ -:c. /L"'..( C;:--/,---,->::?,
Name(sJOfSigner(s)
personally appeared
~sonally known to me
CJ proved to me on the basis of satisfactory
evidence
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