2000-345030 DOC 2000-0345030
First American Title
SUBDIVISION MAPPING DEPT
Jun 29, 2000 4:46 Pl'l
City of Encinitas O~ICI~ ~C9~
S~ DIE{30 {30LFP/R[CSRI)EW8 {hcYlCE
When Recorded Mail To: ) 6R[{11~ J. ~tIIit, ~ ~[IJRI)[R
FEES: 0.00
) 0C: ~q
City Clerk )
City of Enciaitas ) Il ll Il Il Il Il Illl IIII IIII II II
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) 2ooo-o345o3o
)
FOR THE BENEFIT OF THE CITY )
~/ff?' ) SPACE ABOVE FOR RECORDER'S USE
~.d~.O~ GRANT OF OPEN SPACE/ItABITATPRESERVATIONEASEMENT
ssessor s Parcel No.: Project Nos.: 89-291 TM/DR/EIA; 98-085 MUP/DR~CDP
~ W.O. No.: 4595G
'Mark L. Mead, hereinafter called GRANTOR, does hereby grant, convey and dedicate an
open space easement to the CITY OF ENCINITAS, State of Califomia, hereinafter called
GRANTEE, with terms, covenants and conditions as follows:
See Exhibit "A" which is attached hereto and made a part hereof.
This easement shall bind the owner and its successors and assigns.
Date: 0/~3/00 Grantor: ~~/~ ~,C- d
Date: Grantor:
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the
making of the foregoing Grant of Open Space/Habitat Preservation Easement and consents to
recordationthereofby its duly authorized officer.
Date: ~/~"//9 0 By: ~~~
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Cd/DL/89291 osesmt.6 l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On~¢~._ before me,'.~;2...D~ClP/ll¢'.C~/'t ~ Notary Public, personally appeared
[] ~ ......... to-me OF-- proved to me on the basis of satisfactory evidence to
be the person ~ whose name¢~ is/=rc subscribed to
the within instrument and acknowledged to me that
he/she/~ executed the same in his/~
authorized capacity(icc), and that by his/hcr/thoip
i~-S-TC:P'H~r~I~C-t~AG~'J~ signature,'~) on the instrument the person¢l~, or the
,'-,eJ~' 't~"~. COMM.#1~54668 o entity upon behalf of which the person[~lf acted,
,0~ NOTARYPUBLIC-CALIFORNiA f¢3 executed the instrument.
[j[ ~--.~ SAN DIEGO COUNTY 0
· ~.~,~'~7/ My Commission Expires ~
~ ~ MARCH 24, 2004 i WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATI'ACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLES TITLE DOCUMENT
[] PARTNERS [] LIMITED
[] GENERAL ~'
[] ATTORNEY-IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
12384
L6. txt
Lot name: BIO-ESMT6
North: 1976096.1625 East: 6246064.3884
Line Course: N 55-03-29 E Length: 34.66
North: 1976116.0139 East: 6246092.8003
Line Course: S 47-19-07 E Length: 14.23
North: 1976106.3671 East: 6246103.2613
Line Course: S 43-32-58 E Length: 14.57
North: 1976095.8071 East: 6246113.2997
Line Course: S 36-19-40 E Length: 53.08
North: 1976053.0436 East: 6246144.7445
Line Course: S 56-37-41 E Length: 41.31
North: 1976030.3202 East: 6246179.2432
Line Course: S 26-17-56 E Length: 0.46
North: 1976029.9078 East: 6246179.4470
Line Course: S 44-49-56 W Length: 47.67
North: 1975996.1014 East: 6246145.8381
Line Course: N 52-35-08 W Length: 41.38
North: 1976021.2429 East: 6246112.9715
Line Course: N 32-57-39 W Length: 89.29
North: 1976096.1611 East: 6246064.3919
Perimeter: 336.64 Area: 5,402 sq.ft. 0.12 acres
Mapcheck Closure - {Uses listed courses, radii, and deltas)
Error Closure: 0.0039 Course: S 67-15-53 E
Error North: -0.00149 East: 0.00356
Precision 1: 87,231.17
19~.: 6-30-2000
Page 1
12385
EXHIBIT "A"
An easement over, upon, across, and under the lands hereinafter described on Exhibit
attached hereto and as shown on Exhibit "C" 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 except as is permitted by Major Use Permit No. 89-291
and the associated certified Final Environmental Impact Report issued pursuant to the Municipal
Code of the City of Encinitas, as said permit was issued by Resolution of the Planning
Commission on April 29, 1993, and as amended by Major Use Permit Modification No. 98-085.
issued by Resolution of the Planning Commission on October 6, 1998, 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 other than such buildings, structures or other
things as is permitted by Major Use Permit No. 89-291 and the associated
certified Final Environmental Impact Report issued pursuant to the Municipal
Code of the City of Encinitas, as said permit was issued by Resolution of the
Planning Commission on April 29, 1993, and as amended by Major Use Permit
Modification No 98-085, issued by Resolution of the Planning Commission on
October 6, 1998, or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas. All necessary utility
lines may be erected on the subject land upon review and approval of the City of
Encinitas in conformance with the Final Environmental Impact Report.
(B) That, except for those portions authorized by Major Use Permit No. 89-291 and
Major Use Permit Modification No. 98-085 for revegetation, it shall not use the
subject land for any purpose except as open space to permanently maintain the
biological resources, and no clearing or removal of any vegetation shall be
permitted except brush clearing for fire protection purposes by written order of the
Encinitas Fire Protection Department.
(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 the City of
Encinitas 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 Major Use Permit No. 89-291, and the associated certified
Cd/DL/89291osesmt,6 2
12386
Final Environmental Impact Report issued pursuant to the Municipal Code of the
City of Encinitas~ as said permit was issued by Resolution of the Planning
Commission on April 29~ 1993, and as amended bv Major Use Permit
Modification No. 98-085, issued by Resolution of the Planning Commission on
October 6, 1998, or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City of Encinitas. All necessary utility
lines may be erected on the subject land upon review and approval of the City of
Encinitas in conformance with the Final Environmental Impact Report.
(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 the City of Encinitas 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.
Cd/DL/89291 osesmt.6 3
1238'/
BARR0001
Leucadia Highlands
Pacific Crest
EXHIBIT "B'
Open Space Easement
Lot 6, Map No. 13548
A.P.N. 216-$40-06
All that portion of Lot 6 of Map No. 13548, in the City of Encinitas, County of San Diego, State of California, as filed
in the office of the County Recorder of said County March 27, 1998 as File No. 1998-0170070, more particularly
described as £ollows:
Commencing at the easterly corner of said Lot 6; thence along the southeasterly line of said Lot 6, South 44°49'56"
West, 124.22 feet to the Point of Beginning; thence continuing along said southeasterly line, South 44°49'$6'' West,
47.67 feet; thence leaving said southeasterly line, along the northeasterly boundary of that certain portion of said Lot 6
granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, North 52°35'08" West,
41.38 feet; thence continuing along said northeasterly boundary, North 32057'39'' West, 89.29 feet to a point on the
northwesterly line of said Lot 6; thence along said northwesterly line, North 55°03'29" East, 35.61 feet; thence leaving
said northwesterly line, South 43°32'58TM East, 28.62 feet; thence South 36°19'40" East, 53.08 feet; thence South
56o3 , ,,
7 41 East, 4 ! .31 feet; thence South 26° 17'56" East, 0.46 feet to the Point of Beginning.
Containing an area of 5,40~ square feet plus or minus.
See plat attached hereto marked Exhibit'C' and by this' reference thereto made a part hereof.
12388
LOT 7
LOT 6
POINT OF
N 55~)$'29" E , $ 47~9'07' £ COMMENCEMENT
0x4.~6', EXIST. 15' P, fDE
£SIWT. TO LEUCADIA
VIA ~ DISTRICT
PER MAP NO. 1J548
EX/S[ OPEN SPA N '~ ~' E
orY ~ ENCINITAS
PER MAP NO. 135~ ~ POINT
/
s~ ~'= 40' /
DA~ EVeS
~ ~' ~ ~ (~) ~ ~ 89-29~; ~AP ~0. ~55~
KMAA~O1 ~xr 11/R3/99 14~3~m44 ~xr