1999-815741 2955 1999 0815741
~p P~OUEST OF FIRST ~f~RICAll TITL]~ n0~
~D~ ~tS~ON ~PING D~
' g uested y: D~ 16, 1999 11:O2
City of Encinitas ~FEI~ ~
~ BIE~ ~ ~'S ~I~
When Recorded Mail To: ) ~ J. ~I~, ~
) ~S: 0.~
City Clerk ) ~:
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 ~ III IIIllll II II II Ill II
FOR THE BENEFIT OF THE CITY ) ~a¢-0~*~4~
) SPACE ABOVE FOR ~CO~ER'S USE
G~NT OF OPEN SPACE~ABITATP~SERVATIONEASEMENT
A~sessor's ParcelNo.: ProjectNos.: 89-291 T~D~IA; 98-085 MUP/DWCDP
256-540-04 W.O. No.: 4595G
G~ A. Peterson, hereina~er called G~NTOR, does hereby grant, convey and dedicate
open space easement to the CITY OF ENCINITAS, State of California, herein~er called
G~NTEE, with terms, coven~ts ~d conditions as follows:
See Exhibit "A" which is attached hereto and made a pa~ hereof.
/
This easement shall bind the owner ~d its successors ~d assi~s.
Date: ['~ [~ (~ Grantor: ,~~A
G~ A. PETERSON
Date: Grantor:
Signature of Gr~tors shall be not~ized.
The approprime ac~owledgements shall be aUached.
I certify on behalf of the City Council of the City of Encinitas, pursuit to au~ority confe~ed by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to ~e
making of the foregoing Gr~t of Open Space~abitat Prese~ation Easement ~d consents to
recordation thereof by its duly authorized officer.
AI~ D. Archibald
Director of Engine~ing Se~ices
CiW of Encinitas
Cd/DL/89291 osesmt.4 I
2956
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: '~'~ (-', ~¢rf-c~-~
Commission Number: JO~ O~J'/O Date Commission Expires:
County Where Bond is Filed:
Manufacturer or Vendor Number: ~J j~ J/~r'l
both si es of the notary seal border}
Signature: Ff'/~
Firm Name (if applicable)
Place of Execution: ~.,~ ~,'-¢-~0 Date:
Rec. Form #RIO (Rev. 7/96}
2957
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ State of California
County of ~ ,z.,,.-, ~ v ~ 0 ss.
personally appeared ~ ~ ~
~ personafly known to me
~d to me on the basis of satisfacto~
evidence
to be the person(s) whose name(s) i~are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
~~L~:~ the same i~ his/her/their authorized
capacity(les), and that by his/her/their
I ~ ~t~e~ ~ signature(s) on the instrument the person(s), or
~ ~ My omm ~pJrmM~ ~5~[ the entity upon behalf of which the person(s)
...... ~ ~ .... acted, executed the instrument.
WITNESS my hand and offic~ seal.
OPTIONAL
~ough the info.etlon ~low is ~t ~uir~ by law, it may prove valuable to persons relying on the document
and ~uld prevent f~udulent ~moval and rea~achment of this form to another document.
Description of Affached Document
· tle or Type of Document: Cv~
Signer(s) Other ~an Named Above:
Capaci~(les) Claimed by Signer
Signer's Name: C~ ~
Co.orate Officer ~ ~tle(s):
~ Pa~ner ~ ~ Limited ~ General
~ A~omey in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other·
295
EXHIBIT "A"
An easement over, upon, across, and under the lands hereinafter described on Exhibit "B"
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/89291 osesmt.4 2
2959
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.
(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/89291osesmt.4 3
BARRO001
Leucadia Hi~alands
Pacific Crest
EXHIBIT "B"
Open Space Easement
Lot 4, Map No. 13548
A.P.N. 216-540-04
All that portion of Lot 4 of Map No. 13548, in the City of Encinitas, County of San Diego, State of California, as filed
in the office of thc County Recorder of said County March 27, 1998 as File No. I998-0170070, more particularly
described as follows:
Beginning at thc southwesterly comer of said Lot 4; thence along the northwesterly line of said Lot 4, North 31°32'51"
East, 208.15 feet; thence leaving said northwesterly line, South 47°19'07" East, 29.41 feet; thence South 17044'34,'
West, 111.47 feet; thence South 57036'58'' West, 77.28 feet to a point on the northerly line of a I0 foot wide sewer
easement granted to the Leucadia County Water District, recorded February 2, 1992, File No. 1992-0065625, O.R.;
thence along said northerly line, South 86°23'08" West, 7.63 feet; thence leaving said northerly line, along the westerly
line of said easement, South 03°36'52'' East, 9.64 feet to a point on the southerly line of said Lot 4; thence leaving said
westerly line, along said southerly line, North 89030'53'' West, 24.29 feet to the Point of Beginning.
Containing an area of 7,669 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof.
P:\BARR0001 \docs\legals\lot4bio.doc
296t
PER ~AP NO. ~J548
24.29'
EXIS~ 10'
P~NT ~ E~'~ TO ~E L. ~ ~D.,
BEGINninG REC. 2~2~g~ ~LE ~0.
1992-00~5~2~, O.R.
DAVID EVANS ~
AND ASSOCIATES, INC. LOT 4
~ ~ c~a~a ])a~'a sam ~o OPEN SPACE EASEMENT
s~ ])~3o, c~ ~ (m~) ~-~ ~ 89-291; MAP N0. 15548
KNAAO001 6x~ 11/~3/99 15~9~44 6xr P~XBARROOO1XACAD~LEGAL~Lot4blo~,dw9
2961
. x% LOT 4
ESM'~ FO ~E ~ . i / 40 80
EA~M~T TO L.O ~O,
~2" E PER ~ NO. I~ /
9. ~ '
2~.2~'
EXIS~ 10' ~DE SE~R
P~N[ ~ E~'~ rO ~E L.C.~D.,
BEGINNING REC. 2~/9~ RLE NO.
~992-006562~ O.R.
DAVID EVANS ~
AND ASSOCIATES, INC. tOT 4
"~?e m~a¢, c]m?~ o.m~s, .,,wm ~o OPEN SPACE EASEMENT
~ 89-291; MAP NO. 1,:3548
KNAAOO01 'Fx~' 11/E:3/99 15,:~9,44 '~xr' P'\~ARROOOI\ACAD\LEGAL\Lo't4bloo.,dwo