2010-324568• Recording Requested By and
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE
D O C 2010-0324568
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i
JUN 28, 2010 3:32 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
I
CITY) SPACE A
GRANT OF BIOLOGICAL OPEN SPACE EASEMENT
Assessor's Parcel ✓ DOCUMENTARY TRANSFER TAX Grading Plan 14025-SG
No. 264-391-23-00
James M. Morrison and Nichole M. Morrison, Trustees of the Morrison Family Living Trust
("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 "Biological Open Space" as shown on grading plan 14025SG.
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 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, or as said permit
may be hereinafter amended or modified pursuant to the Municipal Code of the City
of Encinitas.
(B) That, the subject shall not be used land for any purpose except as open space to
permanently maintain the biological area.
(C) That it shall not excavate or grade or permit any excavating or grading to be done or,
JBD\\t:\Covenant\ 10425 SG. osesmt. doc
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.
(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 ) JS " '-D ICS b
Ja s M. Morrison, Trustee of the Morrison
Family Living Trust
Dated J' o p by
" 0 JU-
N chole M. Morrison, Trust e of the Morrison
Family Living Trust
(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, 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 /ace
(Notarization not required)
Patrick Murphy
Director, Planning and Building Department
JBD\\t:\Covenant\10425SG.osesmt.doc 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _ ~LiY1 _66L'
On before me,
Da a Here Insert Name and Title of the ff er
personally appeared Gdn~ ~ . ` G(Y i n d,
y Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person s) hose namcTs$ isCivb subscribed to the
within instrument and acknowledged to me that
he/sh a executed the same in his/he heir_uthorized
capaci Ies and that b his/h eir` ignature~ j: on the
instrument the persons or the entity upon behalf of
CASEY fvtADE!RAVILCOX
_ Commissio,-, # 1661619 which the personAl acted, executed the instrument.
-a Notary Pub:ic - Caiiiornio r
Son Diego County I certify under PENALTY OF PERJURY under the laws
My Comm. Expires M<ry25,2010J of the State of California that the foregoing paragraph is
true and correct.
WITNESS m nd and offi ' sell.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL "
Though the information below is not required by law, it may pro e valuable ersons relying on the document
and could prevent fraudulent removal and reattachme orm to another document.
Description of Attached Document
Title or Type of Document: C- -at c it'll i rn ~l oer) 5()c1cL C Gj`~
Document Date: Number of Pages:
Signer(s) Other Than Named Above: RCL7b:1 K.. t(, 3 t' ~1 %
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer -Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
elm
Top of thumb here
02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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 Cit Council of the City of Encinitas adopted on November 9, 1994 and the grantee
con e t rec t" n t e by its duly authorized officer. - A lzb
Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
JBD\\t:\Covenant\ 10425 SG.osesmt. doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J41M aaQ?'
On c ~UlD before me,;~W+0A 40. l 1a_77Aj4 .UQ'wy '0Lj ez lc
Date Here Insert Name and Title of the Officer
personally appeared &7ETW GOB-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s is/ re
subscribed to the within instrument and acknowle ged
%gr 4 e he/they executed the same in
authorized capacity(ies), and that by
signature(s) on the instrument the swal~ RADA G. MILUOUR the entity upon behalf of which the
Commission -1709664 < person(s) acted, executed the instrument.
Notary Pupifc . CaNfonKS~
son Dipo county
Lm y CO"'m"on UP. Jan. 6r 2011 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above OPTIONAL Sign Lure of Notary Publ'
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
91 2611CUIRG
❑ Partner - ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
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:
0 2009 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS:
AN EASEMENT FOR BIOLOGICAL OPEN SPACE IN LOT 35, MAP NO. 12780, ENCINITAS
TRACT 4400, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS: FROM
THE POINT OF BEGINNING SOUTHWESTERLY CORNER OF LOT 35, MAP 12780, TO A
POINT 94.77 FT., N 30° 05'48" W, TO A POINT 3.61 FT. N 76° 36'27- E, TO A POINT 8.92
FT. N 63° 38'24- E, TO A POINT 12.75 FT. N 51- 58'28- E, TO A POINT 29.62 FT. S 52° 01-
10" E, TO A POINT 4.08 FT. S 88° 03' 30" E, TO A POINT 78.42 FT. S 55°, 50` 22" E, BACK
TO THE POINT OF BEGINNING 73.77 FT. N 64° 04'18"W. AREA = 4690 SQ. FT. OR 0.1076
ACRE.
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No. 36089 = {
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EXHIBIT "B"
N 76°36' 27" E 3.61 '
~N 63°38' 24" E 8.92 '
~ N 51-58'28" E 12.75 '
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NO.
36089,.'
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LOT 35 MAP 12780
APN 264-391-23-00
88°03' 30" E 4.08'
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POINT OF BEGINNING'
SOUTHWEST CORNER
OF LOT 35, MAP NO. 12780
CITY OF ENCINITAS TRACT 4400
INDICATES BIOLOGICAL OPEN SPACE EASEMENT
SHEET 1 OF 1