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2001-125982DOg 2001-0125982 Recording Requested By: City of Encinitas When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FOR I'HE BENEFIT OF THE CITY ) ) M~F 0~. 200~ ~0:07 ~ OFFiOlE RE~BRI~I 8AN DIEGO COUNTY RElll]RI)ER'80EFIllE GEGORY J. 8~I1~, CIl~q-Y REQ]RDER FEES: SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor' s Parcel No.: 262-062-16 ProjectNo.: 98-264 MUP/DR/CDP/EIA Cardiff, CA, Congregation of Jehovah's Witnesses, Inc., hereinaRer called GRANTOR, does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, with terms, covenants and conditions as follows: See Exhibit "A" which is attached hereto and made a part hereof. This easement shall bind the owner and its successors and assigr~.s. , -' ~c~' _ '/9 /9 '/0 - ' Signature of Grantors shall be notarized. The appropriate acknowledgements shall be attached. 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. By: Alan D. Archibald Director of Engineering Services City o f Encinitas Cd/l~W/cm/i: tuchrsm/t}sesmtJW.do{: ALL-PURPOSE ACKNOWLEDGEMENT State or Caldbmia County of '~ ~ personally appeared - OR - [~'personally known to me .SS. [] 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The informatioo below is oot required by law. However. it could prevent fraudulcnt attachment of this acknowl- edgement to an unauthorized documeot. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] ATTORNEY-IN-FACT [] T[{tJS'rEE(S) [] (1 UA R DIA N/Cf)NSERVATOR [] ()TILER: TrFLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: OTHER RIGHT THUMBI'RINT - OF SIGNER APA 5/99 VALLEY-SIE~. 800-362-3369 EXHIBIT "A" An open space easemem over that portion of the property described on Exhibit "B" attached hereto and the property recorded as "Flowage Easement" as per document 99-0621906 as recorded on September 10, 1999. The open space easement over the "Flowage Easement" shall provide tbr the maintenance of the "Flowage Easement" to the satisfaction of the Engineering Services Director and Community Development Director. Maintenance shall include, but may not necessarily be limited to, thinning and removal of nonmative vegetation in order to provide for the proper flow of water and siltation. Should the Engineering Ser',/ices Director determine that the area described as "Flowage Easement" no longer is required tbr the intended purpose, the property owner may submit an application to the authorized agency to vacate the "Flowage Easement". If the "Flowage Easement" is vacated, this open space easement encompassing the concurrent property shall no longer be in force and effect. Should the property owner desire to then use the property no longer encumbered by the "Flowage Easement' tbr other uses, an application to modify the Major Use Permit 98-264 MUP shall be submitted and processed in accordance with the appropriate Municipal Code standards in force and effect at the time of submittal of the modification application. 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. Exhibit 'A' Legal Description An Open Space Easement over and across a portion of land described in Grant Deed to Cardiff, CA, Congregation of Jehovah's Witnesses, Inc., Recorded December 8, 1998 as Doc # 1998-0793640 in the Office of the Recorder of San Diego County, being a portion of the West Half of the Southwest Quarter of the Southwest Quarter of Section 24, Township 13 South, Range 4 West, San Bemardino Meridian, according to the official plat thereof, dated April 19,1881, in the City of Encinitas, County of San Diego, State of California, described as follows: COMMENCING at the Northwest corner of said SOuthwest Quarter of the Southwest Quarter; thence North 89°27'09'' East 179.05 feet along the Northerly, line of said Southwest Quarter of the Southwest Quaffer, as shown on Record of Survey 11553 recorded April 7, 1988, being also along the Northerly line of the Flowage Easement to the City of Encinitas recorded Septe_mber 10, .! 999 as Doc # 1999- 0621906 in the Office of the Recorder o-f'sai(J"C0Unty; ~0 the POINT OF BEGINNING; I. thence continuing North 89°27'09" East 474.98 feet along said Northerly line to the Northeast corner of said West Half; 2. thence South 0°01'46" West 368.79 feet (Record of Survey 11553) along Easterly line of said West Half t~ the Southerly line of land described in said Grant Deed; 3. thence North 89°49'00'' West (Record of Survey 11553) 60.00 feet along said Southerly line to a line parallel with and 60 feet Westerly measured at right angles to said Easterly line;. 4. thence North 0°01'46" East 123.00 feet along said parallel line; 5. thence South 89°26'33" West 122.47 feet; 6. thence North 45°33'27~ West 70.71 feet; 7. thence South 89°26'33'' West 30.00 feet; 8. thence South 44°26'33'' West 89.64 feet; 9. thence North 45°33'27" West 83.00 feet; 10, thence North 0°01 '46" East 189.77 feet to a line parallel with and 10 feet Southerly measured at dght angles to the Northerly line of said Southwest Quarter of the Southwest Quarter; 11. thence South 89°27'09" West 103.05 feet along said parallel line to a point on the Easterly line of said Flowage Easement; 12. thence NoAh 52°16'43" East 16.55 feet along said Easterly line of said Flowage Easement to the POINT OF BEGINNING. Together with land described in the Flowage Easement to the City of Encinitas recorded September 10, 1999 as Doc # 1999-0621906 in the Office of the Recorder of said County. Area: 137,772 sq. ff. 3.16 acres This legal description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Kurt D. Scherer, L.S.'6850 License Expires 9/30/2004 Date: January 15, 2001 ($O~l) ,6;'g9~' 3,,91~,LO, ON ~ttl ~Z (SO~) ,~'09E 3,,ES,gO. ON