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2010-182384Recording Requested By and ) When Recorded Mail To: ) ) City Clerk ) City of Encinitas ) 505 S. Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) k oocu zoio-oiazasa VIVAIIIIVIIIIINIVIIIVIIIIlhlIIIIIVIIIII IIIIIIVIIIIINIII APR 13, 2010 3:47 PM OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNT`.' RECORDER FEES: 0.00 OC: NA PAGES: 8 1111111 VIII Rill 1111111 11111 Rill VIII Rill Rill 1111111111111 Rill VIII Rill III IIII SPACE,-- OF BIOLOGICAL/WETLAND PRESERVATION OPEN SPACE EASEMENT GRANT Assessor's Parcel / No. 264-451-13 Case No. 04-010 TPM Jerry M. Hughes and Barbara Hughes ("GRANTOR" hereinafter), do hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, 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: (1) GRANTOR conveys a perpetual easement for open space over, upon, across and under the subject land consisting of the "Wetland Buffer Area" as shown on the approved project drawings for Case No. 04-010 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. 04-010 TPM, as said permit was issued by Notice of Decision No. PBD 2005-58 of the Director of the Planning and Building Department on August 3, 2005, 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 subject land, nor shall grading be performed, other than such buildings, structures, grading, or other things as are permitted by Case No. 04-010 TPM, as said permit was issued by Notice of Decision No. PBD 2005-58 of the Director of the Planning and Building Department on August 3, 2005, or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of PBD\KK\\g:ACovenant\04-0I Otpm.osesmt the City of Encinitas. (B) That, except for those portions authorized by Case No. 04-010 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. 04-010 TPM, as said permit was issued by Notice of Decision No. PBD 2005-58 of the Director of the Planning and Building Department on August 3, 2005, or as said permit 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 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. GRANTOR: Dated by Dated 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 2005-58 of said Director adopted on August 3, 2005, 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 aiithnri,zero nffirPr Dated ,14 (Notarization not required) Patrick Murphy Director, Planning and Building Department PBD\KK\\g:\Covenant\04-010tpm.osesmt 2 GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recl a 'on thereof by its 1 authorized officer. Peter Cota-Robles 4/ Date Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On W16 before me, ~Wlh,IDf 4' /w/L4Z(/~ IU~Ti'~ie Cl 14141-lc Date Here Insert Name and Title of the Officer personally appeared -Z661 _,o_-5 Name(s) of Signer(s) who proved to me on the basis of satisf tory evidence to be the person(s) whose name(sare subscribed to the within instrument and acknowledged to me that e he/they executed the same in hi er/their authorized capacity(ies), and that by i her/their signature(s) on the instrument the RANDA G. Mi UOUR person(s), or the entity upon behalf of which the Commission 91709664 person(s) acted, executed the instrument. Notary Public - CaNfomia San Diego County I certify under PENALTY OF PERJURY under the My Commission Exp. Jan. 6, 2011 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Qilit Place Notary Seal Above Si lure of Notary Pu 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 0 2009 National Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On I o/ I I n before me, ~ ~ SA)1 ! Date Name and T of OHicert(e g ne Doe, personally appeare~rr`~ h1. .c u G a_A -lpe~C-G Name(s) of Signer(s) ❑ personally known to me v 'W proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are JEAN R. JOHNSON subscribed to the within instrument and commission acknowledged to me that he/she/they executed Notary Public c - # 1562995 California San Diego County the same in his/her/their authorized ~ My Comm.ExpkesMar31,2009 capacity(ies), and that by his/her/their F signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S m nd ' ial seal. Signature of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1-1 Individual Corporate Officer - Title(s): C Partner - ❑ Limited General i ; Attorney-in-Fact Cl Trustee Number of Pages: Too of thumb here I~ I I j Guardian or Conservator Other Signer is Representinu op Natm N aer_ As- d.o^ - 055, Do 1otc A 5- It at-Mh CF 91j _ 24- -rt rofio-i2l~olar: crc N'ce Nc 59C? HeDrde, Cali icll Free 1 HJ~ h c, FB:, EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 7904, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 5, 1978, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 88°40'54" WEST, 70.14 FEET (SOUTH 88°12'42" WEST PER SAID PARCEL MAP NO. 7904) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 2, NORTH 88°40'54" WEST, 38.55 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THAT EXISTING IRREVOCABLE OFFER OF DEDICATION GRANTED TO THE COUNTY OF SAN DIEGO ON MARCH 29, 1978 AS FILE NO. 78-122780 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 62°01'30" WEST, 72.08 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 80°19'53" EAST, 29.82 FEET; THENCE NORTH 69°O1' 11" EAST, 77.97 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 908 SQUARE FEET MORE OR LESS. J*CWA~- ? II o-7 SEAN C. KS&ERT, L.S. 7959 ATE COASTAL LAND SOLUTIONS, INC. EXHIBIT "A" LEGAL DESCRIPTION PARCEL "B" THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 7904, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 5, 1978, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 88°40'54" WEST, 231.31 FEET (SOUTH 88°12'42" WEST PER SAID PARCEL MAP NO. 7904) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE NORTHWESTERLY LINE OF THAT EXISTING IRREVOCABLE OFFER OF DEDICATION GRANTED TO THE COUNTY OF SAN DIEGO ON MARCH 29, 1978 AS FILE NO. 78-122780 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 62°01'30" WEST, 54.24 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 76°15'03" WEST, 8.01 FEET; THENCE NORTH 66°38'18" WEST, 43.44 FEET; THENCE NORTH 51°21'33" WEST, 14.03 FEET TO A POINT ON SAID NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°40'54" EAST, 106.56 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1547 SQUARE FEET MORE OR LESS. ND G 7 4r •7 SEAN C. E ERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. 4* rr*Fr.-. 7'959 11 p1 LAND EXMIT "Bn SU9 N00 °54' 14"E ~P~~"' "L ES U~,--~ G'Cm 630.76 ' N L. S. 959 -4 v ~t Exp. 3-31-08 t~ o M< a OF CA1.1F o a a w a w a 4 u a ti 3E can N~0°g o Z O 0 Cu O T Z w a wr- co °w°i O ❑r0 m= N ~w Z m N ° Z H cn ¢ w w ° o O E- a J m \ Q U' Z CO Q Q U Qr- LL (D ~ 0 -1 z Ha \ o 00 O G) r- a IT \ H>-NN (D z Z: Y v Z O U I HOcr CO ^L(~ o \ lpo: wHOZ Lo 3 ti \ 2~ ~ 00 Iq o CU a ~ ~ \ `D Ts \ r- X) eA Cu - V7 o MJ ^ w w oo P \ 4- 00 CC) cD °m c°~ ~C~ cn o z a z a N7~ \ ~ O O T, z z !Y J J \ O C LS COASTAL LAND SOLUTIONS, INC. 573 SECOND STREET SCALE: 1 " =60' ENCINITAS, CA 92024 PH (760) 230-6025 FAX (760) 230-6026 CLS#324