2022-363133Recording Requested By:
Fidelity National Title
Builder Service — San Dlego and }
When Recorded Mail To: )
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 }
FOR BENEFIT OF THE CITY
Mait tax statement to same as AM
DOC# 2022-0363133
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Sep 13, 2022 03:46 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S62 Atkins: $0.00)
PAGES:6
SPACE ABOVE FOR RECORDER'S USE
GRANT OF AGRICULTURAL CONSERVATION OPEN SPACE EASEMENT
Assessor's Parcel No. Doc. Transfer Tax
254-612-12-00 Case Nos. MULTI-003524-2019, SUB-003526-2019
DR-003528-2019, CDP-003529-
2019, SUB-004321-2021 and LDEV-
013935-2021
Shea Homes Limited Partnership, a California limited partnership, ("GRANTOR" hereinafter),
hereby grants, conveys and dedicates an Agricultural Conservation 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 approximate 3-acre growing fields on the newly
created Lot 3 as part of Final Map No. SUB-004321-2021, shall be restricted to agricultural and/or
open space uses in perpetuity within the area 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 agricultural open space over, upon, across
and under the Subject Land as shown on the approved project drawings for Case Nos.
MULTI-003524-2019, SUB-003526-2019, DR-003528-2019, CDP-003529-2019 and Final
Map No. SUB-004321-2021. The identified growing fields on Lot 3 as part of Final Map
No. SUB-004321-2021 shall be limited to in -ground agriculture growing and greenhouses
only. No other type of permanent building or structure shall be constructed, erected, placed
or maintained nor shall grading be performed, except as is allowed within the Encinitas
Municipal Code and herein, or by LDEV-013935-2021 and BLDC-020522-2022.
(2) GRANTOR conveys the perpetual right, but not the obligation to enter upon the Subject
Land and remove any buildings, structures, facilities or items 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 after the granting of this easement and contrary to any term, covenant or
Page 1 of 2
Recording Requested By:
Fidelity National Title
Builder Service — San Diego and )
When Recorded Mail To: )
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR BENEFIT OF THE CITY
Mail tax statement to same as above
SPACE ABOVE FOR RECORDER'S USE
GRANT OF AGRICULTURAL CONSERVATION OPEN SPACE EASEMENT
Assessor's Parcel No. Doc. Transfer Tax $00
254-612-12-00 Case Nos. MULTI-003524-2019, SUB-003526-2019
DR-003528-2019, CDP-003529-
2019, SUB-004321-2021 and LDEV-
013935-2021
Shea Homes Limited Partnership, a California limited partnership, ("GRANTOR" hereinafter),
hereby grants, conveys and dedicates an Agricultural Conservation 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 approximate 3-acre growing fields on the newly
created Lot 3 as part of Final Map No. SUB-004321-2021, shall be restricted to agricultural and/or
open space uses in perpetuity within the area 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 agricultural open space over, upon, across
and under the Subject Land as shown on the approved project drawings for Case Nos.
MULTI-003524-2019, SUB-003526-2019, DR-003528-2019, CDP-003529-2019 and Final
Map No. SUB-004321-2021. The identified growing fields on Lot 3 as part of Final Map
No. SUB-004321-2021 shall be limited to in -ground agriculture growing and greenhouses
only. No other type of permanent building or structure shall be constructed, erected, placed
or maintained nor shall grading be performed, except as is allowed within the Encinitas
Municipal Code and herein, or by LDEV-013935-2021 and BLDC-020522-2022.
(2) GRANTOR conveys the perpetual right, but not the obligation to enter upon the Subject
Land and remove any buildings, structures, facilities or items 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 after the granting of this easement and contrary to any term, covenant or
Page 1 of 2
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 facility or
items on the Subject Land, except as is allowed within the Encinitas Municipal
Code and herein or as are permitted by LDEV-013935-2021, or as said permit may
be hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas.
(B) That, except as authorized by LDEV-013935-2021, or as said permit may be
hereinafter amended or modified pursuant to the Municipal Code of the City of
Encinitas, it shall not use the Subject Land for any purpose except as agricultural
and/or open space uses.
(C) 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.
(D) That the agricultural component of the Subject Land shall not be utilized to
cultivate, manufacture, or distribute cannabis.
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
p WL LL 8vq,,WiPS :r4 'To a6C-1�
by
Shea Homes Limited Partn rship, a California
limited partnership
(Notarization of GRANTOR'S signature is attached.)
CITY OF ENCINITAS:
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 94-107 of the City
Council of the City of Encinitas adopted on November 9, 1994, and the grantee consents to
recordation thereof by its duly authorized officer.
tBankston
or/City Engineer
f Encinitas
(Notarization required)
1, azz
Date
Page 2 of 2
EXHIBIT "A"
DESCRIPTION
PORTION OF LOT 3, CITY OF ENCINITAS SUB 4658-2021, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10-� , FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 13, 20-2, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 89°21'23" WEST 138.13 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00°03'10" WEST 37.75 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 00°03'10" WEST 234.93 FEET;
THENCE NORTH 89055'42" WEST 567.88 FEET;
THENCE NORTH 00'03'10" EAST 234.94 FEET;
THENCE SOUTH 89055'40" EAST 567.88 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 133,414 SQUARE FEET (3.063 AC.), MORE OR LESS
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
o3 - LCluj s
G A R Y
D. MELLOM
GARY D. MELLOM, PLS 8537
\ n\ LS 8537
DATE:
PASCO LARET SUITER OPEN SPACE
A ASSOMATCES EASEMENT
San Diego I Encinitas I Orange County PLSA 3084 SHEET 1 OF 2
Phone 858.259.82121 www.plsaengineering.com
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EXHIBIT Tlf
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N 89°21'23" W 751.56' (BASIS OF BEARINGS)
613.43' 37.75'
S89°55'40" E 567.88
j
LOT 3
MAP
N 89021'23" W 747.83'
LOT 1
LOT LINE
RIGHT-OF-WAY LINE
CENTER LINE
— ADJOINING PROPERTY LINE
1 138.13'
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INDICATES PUBLIC EASEMENT FOR OPEN
SPACE PER MAP
EASEMENT AREA ACQUIRED =
133,414 SF (3.063 AC.), MORE OR LESS
�9 INDICATES PRIVATE EASEMENT FOR
DRAINAGE FOR THE BENEFIT OF LOTS 1
THROUGH 4 RESERVED PER MAP
0 120 240
PASCO LARET SUITER SCALE = 1" = 120' N OPEN SPACE
A ASSOMATES w E EASEMENT
San Diego I Encinitas I Orange County PLSA 3084 s SHEET 2 OF 2
Phone 858.259.8212 I www.plsaengineering.com
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On Sy LrwL'r ,2.02,Z before me, Helen A. Anaya-Rioux, Notary Public
(insert name and title of the officer)
personally appeared ro ti—i Li- Iaa.rines Cl nc( a5ey% I o r ip a.-rF-
who proved to me on the basis of satisfactory evidence to e 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 upon behalf of which the person(s) acted, executed the instrument.
I 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
Sign
(Seal)
*my
HELEN A. ANAYA-RIOUXNotary Public • CaliforniaI San Diego County
Commission k 2327754
Comm. Expires May 19, 2
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of NSS.
On CA ' \D a� a c3 before me, , Notaiy Public,
DATE
personally appeared �Z �� �7���jn ,who 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
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
0*=-.---\'----My
DEANA GAYperson(s) acted, executed the instrument.
Notary Public - CaliforniaSan Diego CountyCommission d 2396124 I certify under PENALTY OF PERJURY under the
Comm. Expires Mar 8, 2026 laws of the State of California that the foregoing
paragraph is true and correct.
WITNES5nnr hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE /I
OPTIONAL INFORMATION r
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
ATTORNEY -IN -FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS
DATE OF DOCUMENT ❑
OTHER:
OTHER
SIGNER (PRINCIPAL) IS REPRESENTING: RIGHT
NAME OF PERSON(S) OR ENTITY(IES) THUMB PRINT
0
SIGNER o
a
0
APA01/2015 NOTARY BONDS, SUPPLIES AND FORMS ATITTP-//WWW.VALLEY-SILRRA.COM 0( 2005-2017VALLEY-SIERRA INSURANCE