2000-77700 IIIIIII II IIII II I1 11 II II ', ooo-oo oo
2000-0077700
Feb 15, 2000 io: 08 AM
Recording Requested By: 2 5 4 5
City of Encinitas [FFIOIAL
8~N DIE~ C[[INIY RE~R'S ~FI~E
When Recorded Mail To: ) GEGORY
FEES: 0,~
)
City Clerk )
City of Encinitas )
505 S. Vulc~ Avenue )
Encinitas, CA 92024 )
)
FO~ TH~ B~mT OF Tn~ CIT~
& ) SP~CU ABOW FOR =CO~'S US~
Assessor's P~cel No.: Project Nos.: 89-291TM/D~EIA; 98-085 MUP/D~CDP
256-540-22 W.O. No.: 4595G
Daniel D. Robe,s & Kathy Lee A~ Thompson-Robe,s, hereina~er c~led G~NTOR,
does hereby gr~t, convey ~d dedicate ~ open space easement to the CITY OF ENCINITAS,
State of California, hereinafter called G~NTEE, with te~s, coven~ts ~d conditions ~ follows:
See Exhibit "A" which is attached hereto and made a part hereofi
This easement shall bind the owner ~d its successors ~d assigns.
Date: ] ~ 1~ t~(~ Gr~tor:
Date: ~ IlO 1.~O ~tor:_~,
Signature of Gr~tors aNal be not~
The appropriate ac~owledgements shall be attached.
I ce~i~ on behalf of ~e City Co~cil of the City of Encinitas, pursuit to authority confe~ed by
Resolution of said Co~cil adopted on November 9, 1994 that the City of Encinitas consents to the
making of the foregoing Gr~t of Open Space~abitat Prese~ation Easement and consents to
recordationthereofby its duly authorized officer.
Date: l--l~'~O By:
AI~ D. ~chib~d
Director of Engineering Se~ices
City of Encinitas
Cd/DL/89291 osesmt.22 1
(=ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2 5 ,~ 6
State of
~ ~onal~ ~ m me - OR -~v~ ~ me ~ ~ ~s ~ ~ ~ ~ ~ ~ ~(s)
-- ~ n~s) ~ ~ ~ ~ ~t
$~~A G. MILLJOUR
· ~;~ u J ~ PUBUC-CALJFORN~
' ~-~ / AN DIEGO COUN~
~ MY COh~M. EXp. JAN. 6, ~J ~E~ my ~ ~ o~ ~.
~i~ of A~ch~ ~ument
T~e ~ ~ of ~m~
~t Date:
Capaci~) Claim~ by Sign.s}
s~s N~: S~s ~e:
~ I~id~ ~ Intel
G Pa~ner --
~ A~m~-i~Fa~ ~ A~omey-~-Fa~
~ Tm~ ~ Tmst~
~ Gua~i~ ~ Con~tor ~ Gua~an ~ C~sewa~
Signa' Is Representing: Signer Is Representing:
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. 22 2
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/89291oscsmt.22 3
2549
BARR0001
Leucadia Highlands
Pacific Crest
EXHIBIT "B"
Open Space Easement
Lot 22, Map No. 13548
A.P.N. 216-540-22
All that portion of Lot 22 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 follows:
Commencing at the northwesterly corner of said Lot 22; thence along the northerly line of said Lot 22, North 67°44'39"
East, 146.05 feet to the Point of Beginning; thence continuing along said northerly line, North 67044'39" East, 40.64
feet; thence leaving said northerly line, along the westerly boundary of that certain portion of said Lot 22 granted to the
City of Encinitas as an open space easement as shown on said Map No. 13548, South 64008'54TM East, 117.42 feet;
thence continuing along said westerly boundary, South 00034'47'' West, 95.32 feet to a point on the southerly line of
said Lot 22; thence along said southerly line, North 89°25'13" West, 120.49 feet; thence leaving said southerly line,
North 00034'47'' East, 16.93 feet; thence North 22°31'47" West, 34.97 feet; thence North 21°59'08" West, 40.09 feet;
thence North 08°22'37" West, 43.97 feet to the Point of Beginning.
Containing an area of 17,085 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\lot22bio.doc
255
/ LEX/ST. OPEN SPACE
,ESM'F. TO THE
,CITY OF ENCINIS~S '--7 ~
,PER /dAP NO. 1Jr5.185{
PRIVA ~ ROAD EASEMENT
POINT OF-~ No. 928G~ O.R.
BEO/NN/N G ~
/ % .,
MAP ~ / N 0., ~. -]Si~
· ~1, I ~ %.
/ /~ ACCESS EASEmENt RESER~D / X.V xV~ ~t~'
/. I l~ HOA PER MAP 1,~548 ./ ~9~ b~
~POINT OF / ¢ ~
cOu~r
LOT 24
~ No. 30724 ~ S~LE 1'=: 40'
~. w.~/oo]i
~ .~ o ~o'
DASD EV~S D(HIBIT "C:~
~ ~SOClA~S, I~C. LOT 22
~e ~ c~m ~ ~ aso OPEN SPACE EASEMENT
a~ ~m. el ~t~ (e~) :~e~e~ ~ 89-29~; MAP NO. 135~
KNA~O001 emmo 01/11/00 15~30~4. ~mno