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 )
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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
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