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2005-1105423 1=-6 sf tjf (Fr'fI eoV' l,\1~1 , /) 0 )-" " . ' . RECORDED REQCEST or First American Title SllHl>i\/IS10N M^:'I'ING DEP"l DO~ 2005-1105423 1\\\11\\ 1\1\ 11\1\ UIII UI\I \11\1 11\\1 11\11 UIlI \\111 \1\ll II\\l \111 IUI 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 FEE'; 0.00 DC 1'1.6 P,bfiES r:, . Recprding Requested By and ) When Recorded Mail To: ) ) ) ) ) ) ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) 13430 City Clerk City of Encinitas 505 S, Vulcan Avenue \ \,,\\\ "III UIII "Ill l\\I\ BIll UIII UIII UIII "III BIll UIII UIII "III "II \"1 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 . . 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 2 . . 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. ". . EXHIBIT "B" . 13439 PLAT BIOLOGICAL OPEN SPACE EASEMENT ENCINITAS TPM 02-194 I o SCAlE: 1" a: 100' I I I 50 100 150 I 200 \ , \ , \ , \ , \ , I , I , I , , w' ~I , 21 x, !il!!1 0' ...., , --l , I , I , I , I , I : i NE OORNER OF THE NI/2, Wlj2, 51/2, NW1/4, SWI/4, SECTION 4 I I I I I I I I I I I --- '. ~\ , I I 4" S-J/2, NW1/4, -r-j3S, Fl3W PAF1Ca 2 SW1/4 Sl f:!l!l ~ ~w 1:3 p !Z! /- NI'<!O'SJ'E 26.13' '" ;0,.. "'!,< ""Ill ;0,. ~;!;- S~ z ' .. "';0, :;~ Tn I I " ... --LATIGO ROW NSS'2i'i .71 -- -- I I : /T l 7===============~~~~~r-=========d4 _~_ -~T--':' -.:. -.:.--.:. -.:.- .:.-.:. --.:.- .:.-.:.-.:.-.:. - .:.-.:. --.:.-r=- -.:. -.:.~:.:. -':'-:P~-: ::_:::_~~-.:. -.:. -.:.-- i- - J NW CORNER OF THE I ~!ll NE E OFTHE I I 51/2, WI/2, 51/2, NWI/4, I ~ ~ 51/2, Wlj2, 51/2, NW1/4, I I SWI/4, SECTION 4 I S ~ SWI/4, SECTION 4 I I APN 264-450-01 I ~ ~ APN 264-450-02 I I I :". I I S1/2, W1/2, S-U2, I NW1/4, SW1/4 I I APN 264-460-06 E'23 - INDICAlB AREA TO BE DEDICATED TO THE CITY OF ENQNITAS FOR BIOLOGICAL OPEN SPACE EASEMENT .' . . ,7 13440 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <:/J"_~.<::("-<;("",-v:~c;:>(,:(~::;<:-:-:<<--C'~<<~"';<>'><~~IT<<-<:7'<"-<~<;Z;<~:<:.c{'-<:;('-'C<)(;'{~<<~v~~"""'<;.(X:Q<~<-'(~;.c.")(~-' \! \ ~ ~ ('; ~ t. " P B ^, )'.; o ~~ "" \ State of California County of ~n 6J~o } ss 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 G.~.r!1'wdl