2000-345029.RECORDED REQUEST OF ~ ' ~ ~ '~
First Atnerican Title DOC ~ 2000-0345029
SUBDIVISION MAPPING DEPT
Recording Requested By: ,Jun 2c.:) , 2000
City of Encinitas 0~TIglfl.
12375 s~ DIEm ~ ~[[l~I~'S
When Recorded Mail To: ) G~Em~Y J. ~ITH, ml~tTV
) fi[S: o.m
CitY505City Clerks.ofvulcanEncinitaSAvenue ))) ]1] ] II II II II IIIl~ill III I Ilill
Encinitas, CA 92024 ) 2000-0345029
)
FOR THE BENEFIT OF THE CITY )
/'f/O /1/fi7 ) SPACE ABOVE FOR RECORDER'S USE
4~o GRANT OF OPEN SPACE/HABITATPRESERVATION EASEMENT
Assessor's Parcel No.: Project Nos.: 89-291TM/DR/EIA; 98-085 MUP/DR/CDP
~?. W.O. No.: 4595G
oq]ff' Sanford, 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:
Signature of Grantors shall be notarized.
The appropriate acknowledgementsshall 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
recordation thereof by its duly authorized officer.
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Cd/DL/89291osesmt. 20 I
12376
Optional Information
State of California
County of San Diego Capacity claimed by signer(s)
Individual(s)
On June 20, 2000 before me, Kelly Fralish, Notary Public, Corporate
personally appeared Joseph C. Sanford, proved to me on the basis
of satisfactory evidence, to be the person whose name is subscribed Officer(s)
to the within instrument and acknowledged to me that he executed [] Partner(s)
the same in his authorized capacity, and that by his signature on the [] Attorney in Fact
instrument the person or the entity upon behalf of which the person [] Trustee(s)
acted, executed the instrument.
[] Guardian/Conservator
WITNESS my hand and official seal. [] Other:
I --s" '
-- z~'¢'--~ COMM. #1169350 ~
r.,j L,~-~_~ NOTARY PUBLIC-CALIFORNIA ol
u'~ [%_-'.~. ~'~ SAN DIEGO COUNTY ~
Signer is representing."
(Namc of p~on(a) or cm~(i~))
Kelly Frald, Iq~ary Public
tttentlon Notary: The inforrmtion requested below is OPTIONAL. It could, however, prevem fraudulent attachment of this certificate
to any unauthorized document.
THIS CERTIFICATE MUST BE Title or Type of Document: Grant of Open Space Easement
ATTACHED TO THE Number of Pages 4 Date of Document 06/20/2000
DOCUMENT DESCRIBED 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 pemfitted 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. 20 2
1'2378
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
9~
Commission on April 29 1%. and as amended bx Metior 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 df
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 c~f
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 an5' 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/8929 ! osesmt.20 3
~2379
BARR0001
Leucadia Highlands
Pacific Crest
EXHIBIT "B"
Open Space Easement
Lot 20, Map No. 13548
A.P.N. 216-540-20
Alt that portion of Lot 20 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 20; thence along the no~hwesterly line of said Lot 20, North 60°17'38"
East, 141.45 feet to the Point of Beginning; thence continuing along said northwesterly line, North 60017'38'' East,
30.08 feet; thence leaving said northwesterly line, along the southwesterly boundary of that certain portion of said Lot
20 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, South 47038'48" East,
60.47 feet; thence continuing along said southwesterly boundary, South 25034'36" East, 53.33 feet to a point on the
southeasterly line of said Lot 20; thence along said southeasterly line, South 60o40'46" West, 45.41 feeti thence leaving
said southeasterly line, North 33°06'16" West, 0.32 feet; thence North 14°51'14'' West, 33.27 feet; thence North
39055'28'' West, 44.84 feet; thence North 16053'26" West, 28.58 feet; thence North 78o33'35" West, 8.44 feet; thence
North 29028'06" West, 0.40 feet to the Point of Beginning.
Containing an area of 4,347 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof.
IB~.: 6-30-2000
P:\BARR0001 \docs\legals\lot20bio.doc
12380
L20. txt
Lot name: BIO-ESMT20
North: 1975754.4617 East: 6246970.3389
Line Course: N 60-17-38 E Length: 30.08
North: 1975769.3678 East: 6246996.4658
Line Course: S 47-38-48 E Length: 60.47
North: 1975728.6292 East: 6247041 1534
Line Course: S 25-34-36 E Length: 53.33
North: 1975680.5250 East: 6247064 1769
Line Course: S 60-40-46 W Length: 45.41
North: 1975658.2880 East: 6247024 5842
Line Course: N 33-06-16 W Length: 0.32
North: 1975658.5560 East: 6247024 4095
Line Course: N 14-51-14 W Length: 33.27
North: 1975690.7142 East: 6247015 8805
Line Course: N 39-55-28 W Length: 44.84
North: 1975725.1017 East: 6246987 1033
Line Course: N 16-53-26 W Length: 28.58
North: 1975752.4488 East: 6246978 7995
Line Course: N 78-33-35 W Length: 8.44
North: 1975754.1228 East: 6246970 5272
Line Course: N 29-28-06 W Length: 0.40
North: 1975754.4711 East: 6246970 3304
Perimeter: 305.12 Area: 4,347 sq.ft. 0.10 acres
Mapcheck Closure (Uses listed courses, radii, and deltas)
Error Closure: 0.0127 Course: N 42-15-08 W
Error North: 0.00940 East: -0.00854
Precision 1: 24,026.55
I N ~'0~" v/ I ~ EXIST OP~-N SPACE
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LOT ~l
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~D ~SOC~, ~C. LOT 20
~[N SPACE [ASEME~I
~ D~, C~ ~
. ~ 89-291~ MAP NO. 155~