1999-792420 .1.... U/'.-..'..'q.,c.U
5738 n, ec o:_s,2:55
Recording Requested By:
City of Encinitas OFFICIAL REGOB)8
SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail To: ) GREGORY J. ~ITH, ClllNTY RE~0RDER
FEES: 0,00
City of Encinitas
~9 505 S. Vulcan Avenue )1909-0792420
O.-1 ~;~,C~fEnc initas, C A 92024 ))
FOR THE BENEFIT OF THE CITY )
\~¥ ) SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT
Assessor'sParcelNo.: ProjectNos.: 89-291 TM/DRYEIA;98-085 MUP/DR/CDP
256-540-17 W.O. No.: 4595G
S.M. Robertson and Lorrie B. Robertson, Trustees of the Robertson Trust dated January 20,
1997, hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space
easement to the CITY OF ENCINITAS, State of California, 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: /~- ,~- ~ ~ Grantor: ~/'_/~'d~/,/~_
Signature of Grantors shall be notariz~ed.
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 c~onsent~to
Date:rec°rdati°nthere°fbY its duly authorized officer.[ 2- ~ ~- ~ ~ By:
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Cd/DL/89291 osesmt. 17 1
5739
Optional Information
State of California
County of San Diego Capacity claimed by signer(s)
On December 2, 1999 before me, Kelly Fralish, Notary Public,
Individual(s)
personally appeared Cowrie. *~eYh~ocur ~ob~rOrxtrr~ [] Corporate
personally known to me (or provec~ to me on the basis of satisfactory Officer(s)
evidence) to be the person(s) whose namej~/are subscribed to the [] Partner(s)
within instrument and acknowledged to me that ~/s~l,a~/they executed [] Attorney in Fact
the same in llifdt~/their authorized capacity, and that by ~/their
signature on the instrument the person or the entity upon behalf of [] Trustee(s)
which the person acted, executed the instrument. [] Guardian/Conservator
[] Other:
WITNESS my hand and official seal.
~,'.'-,2~'"~_"~-. COMM. #1169350 o
~ L.7-'2~'~F~_...~ ~:~,'~ NOTARY PUBLIC-CALIFORNIA u~
¥ k~k..~,,~-~ ~J My Cornmi~ien Expire&
I ~'__ !A"_u_AB¥ 1~"~ [ Signer is representing:
I~.lly Fral~, ~ota~ ~ublic -
Attention Notary: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to
any unauthorized deenment.
THIS CERTIFICATE MUST BE Title or Type of Document:
ATTACHED TO THE Number of Pages [o Mare ortJocument
DOCUMENT DESCK1BED AT
RIGHT: Signer(s) Other than Named above
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/8929 losesmt. 17 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 ail or any portion of the subject
land, it being understood that the propose of this easement is solely to restrict the use to which
the subject land may be put.
Cd/DL/89291osesmt. 17 3
5742
BAILR0001
Leucadia Highlands
Pacific Crest
EXHIBIT "B"
Open Space Easement
Lot 17, Map No. 13548
A.P.N. 216-540-17
All that portion of Lot 17 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 westerly comer of said Lot 17; thence along the northwesterly line of said Lot 17, North 48°32'31"
East, 122.66 feet to the Point of Beginning; thence continuing along said northwesterly line, North 48°32'31" East,
61.04 feet; thence leaving said northwesterly line, along the southwesterly boundary of that certain portion of said Lot
17 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, South 67°02' 14" East,
40.19 feet; thence continuing along said southwesterly boundary, South 34021'32" East, 74.91 feet to a point on the
southeasterly line of said Lot 17; thence along said southeasterly line, South 54o54'23'' West, 58.99 feet; thence leaving
said southeasterly line, North 09°16'19'' West, 0.10 feet; thence North 42o02'36" West, 19.02 feet; thence North
34°09'04'' West, 24.10 feet; thence North 26o13'02" West, 22.32 feet; thence North 66o50'59" West, 20.23 feet;
thence North 68o09'08" West, 23.68 feet; thence North 36020'52'' West, 0.07 feet to the Point of Begirming.
Containing an area of 6,527 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\lot 17bio.doc
ESM'T. 70 THE
/ CITY OF ENCINITAS
PER MAt= NO. 13548
P OIN T
BEOINNING
LOT 16
N J8~0'52"
~ 07'
,,
,~ N G~'50'59" ~ 22.52'
24. 10'
' ~ POINT OF
' ~ COMMENCEMENT
S~LE 1"= 40'
~D ASSOCIATES, INC. [ ~0T ~7
wv~ ~ c~ ~ s~ sso OPEN SPACE EASEMENT
s~ ~o, c~ ~moa (~1~) ~eo-~ ~ 89-291; MAP NO. 13548
ES/~'F. FO DiE
/ QFY OF ENO/N/FAS
PER k~AP NO. 135~8
\
PO/N F
BEG/NNIN~
LO-/' -]6~ ~ ~'~"~. ~
,~ ~ ~o'~" w~
2~,
~ POINT OF
S~LE 1'=40' ' ~/
IffiDAsD EVeS
~D ~SOCIATES, ~C. hOT l Y
~e ~ ~ ~ s~ ~ OPEN SPACE EASEMENT
~ ~, c~ ~ (~t~) ~ ~ 89-291; MAP NO. 1~548
L17.txt
Lot name: BIO-ESMT17
North: 1976020.8614 East: 6246793.1467
Line Course: N 48-32-31 E Length: 61.04
North: 1976061 2743 East: 6246838.8926
Line Course: S 67-02-14 E Length: 40.19
North: 1976045 5948 East: 624687~ 8979
Line Course: S 34-21-32 E Length: 74.91
North: 1975983 7552 East: 6246918 1752
Line Course: S 54-54-23 W Length: 58.99
North: 1975949 8410 East: 6246869 9087
Line Course: N 09-16-19 W Length: 0.10
North: 1975949 9397 East: 6246869 8926
Line Course: N 42-02-36 W Length: 19.02
North: 1975964 0647 East: 6246857 1551
Line Course: N 34-09-04 W Length: 24.10
North: 1975984.0089 East: 6246843 6259
Line Course: N 26-13-02 W Length: 22.32
North: 1976004.0327 East: 6246833 7655
Line Course: N 66-50-59 W Length: 20.23
North: 1976011.9861 East: 6246815 1644
Line Course: N 68-09-08 W Length: 23.68
North: 1976020.7984 East: 6246793 1852
Line Course: N 36-20-52 W Length: 0.07
North: 1976020.8548 East: 6246793 1437
Perimeter: 344.65 Area: 6,527 sq.ft. 0.15 acres
Mapcheck Closure - {Uses listed courses, radii, and deltas)
Error Closure: 0.0073 Course: S 24-05-11 W
Error North: -0.00666 East: -0.00298
Precision 1: 47,275.41