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