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2006-69339• t ri 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 CITY DU* 2006 - 0069339 INIVNIkIIIIIIIIVIIINIII�IIIVIIINIIIIIIII�IIINIIIMIIVMI JAN 31, 2006 8:04 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 6 18III 111111111111 IIIII 1111 Iili VIII 1111 III 8111811111111 �i III SPACE AE GRANT OF STEEP SLOPE AND BIOLOGICAL HABITAT PRESERVATION off, OPEN SPACE EASEMENT -J Assessor's Parcel Case No. 4-115 CDP DOCUMENTARY No. 216 - 030 -52 TRANSFER TAX $ �. - — - Timothy S. Agnew and Monica C. Agnew ( "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 as shown Exhibit "A" attached hereto and described 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. 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 -115 CDP issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution No. 2005 -05 of the Planning Commission on February 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 -115 CDP, as said permit was issued by Resolution No. PC 2005 -05 of the Planning CD/DL/g\Covenant \04115.osesmt (12/9/05) Commission on February 3, 2005, of as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Case No. 04 -115 CDP for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slope/biological 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 -115 CDP, as said permit was issued by Resolution No. PC 2005 -05 of the Planning Commission on February 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 B ro Dated CA -100 • DO by �. Timothy S. A ew by Monica C. A e (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 Resolution No. PC 2005 -05 of the Planning Commission on February 3, 2005, that the City of Encinitas consents to the making of the foregoing Grant of Steep Slope and Biological Habitat Preservation Open Space Easement and consents to recordation thereof by its duly authorized officer. Dated (Notarization not required) by w f —GQ GLI ..r Patrick Murphy Director, Planning and Building Department CD/DL /gACovenant \04115.osesmt (12/9/05) 2 EXHIBIT "A" Legal description for dedicated Open Space APN 216 - 030 -52 406 La Costa Ave. Encinitas, Co 92024 LEGAL DESCRIPTION DEDICATED OPEN SPACE A PORTION OF PARCEL 2 OF PARCEL MAP 10941, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 29, 1981 AS INSTRUMENT NO. 81- 029896 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE ALONG THE SOUTH LINE OF SAID PARCEL 2, SOUTH 89' 04' 59" WEST, 137.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89' 04' 59" WEST, 74.75 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 37' 36' 32" EAST, 229.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2, THENCE NORTH 89' 00' 24" EAST, 69.37 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE ALONG THE EAST LINE OF SAID PARCEL 2, SOUTH 0' 55' 01" EAST, 34.47 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 42' 22' 15" WEST, 7787 FEET, THENCE SOUTH 46' 13' 34" WEST, 47.30 FEET, THENCE SOUTH 48' 24' 51" WEST, 14.80 FEET, THENCE SOUTH 37 19' 37" WEST, 13.35 FEET; THENCE SOUTH 38' 45' 28" WEST. 4750 FEET TO THE TRUE POINT OF BEGINNING. OPEN SPACE AREA CONTAINS 0.35 ACRES. SI!�r� 9L �1 Exp.6130106 m * Xv NO. LS. 6706 / * 4 CC r r` � Exhibit B:Plot Dedicated Open Space PARCEL 3 APN 216 - 030 -52 406 Lo Costa Ave., Encinitas, Ca 92024 74.75' LEGAL DESCRIPTION: SEE EXHIBIT "A" N89 °00'24 "E 69_.37 � � w r, ., ITEM N0. BEARING LENGTH A S 38'4528" W 47.50' © S 37-19,37" W 13.35' © S 48'24'51 " W 14.80' OD S 46-13'34" W 47.28' [—El S 42'22'15" W 77.87' UP. 6/30106 9 * NO. LS. 6706 �rF OF r��`FOP 40 0 40 80 120 SCALE 1" = 40 FT CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California � ss. County of On ` D�/ before me, Date \ a r _ n Name and Title oLQflicer (e.g., "Jane Doe, Notary Publid) personally appeared _!AAA rREllT COMM. #1550047 NOWry Pti K • CaktOrnia o z San Diego it Car fi►. Comm ' a Feb. 2009 Z::i ) or Signe(s) 1190sonaily known to me Silproved 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 signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, ec led the inst t. WIT m hand a seal. (1� Signature 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: Number of Pages: Signer(s) Other Than Named Above: �i�n 141 'L Als_j Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 • www.nationakrotaryorg Prod. No. 5907 Reorder: Call Toll -Free 1- e0o- 876-6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califo is ss. County of On v\ r -014 before Date personally appeared DEANA 'M ICE COMM. 01550047 z Notary Pvbk - C**nW v .. Cpnrtr, Diego FC� 2009 Ti le of Officer (e.g., *Jane Doe, Notary Pubflcl Names) of Signer(s) ❑ n�sonally known to me 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 signatur n the instrument the person(s), or the eyfity up n behalf of which the person(s) act , execut d the instrumspA., and 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 Attac ed Document Title or Type of umen k ` l' Mae- a tM Document Date. Numbdr of Pages: Signer(s) Other Than Named Above: 11 _ Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nabonWnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1. 800.676 -6827