The URL can be used to link to this page

2000-200086 PECORDE~ REQU~ST OF. 9522 DOC' 2000-0200086 ' . . First American Title SUBDIVISION MAPPING DEPT Recording Requested By: Apr 18. 2000 4:04 PM City of Encinitas OFFICIAl RECORDS SAN DIEGO COONTV RECORDER'S OFFICE When Recorded Mail To: ) GREGORY J. SHITH, CIDTV RECORDER ) FEES: 0.00 City Clerk 1111\\1\111\1111111111111\\111\\11111111111111111111111111111111111111 II: NA City of Encinitas 505 S. Vulcan Avenue 2000-0200086 ~ Encinitas, CA 92024 ) /l ) . FOR THE BENEFIT OF THE CITY) Ó¡J (fl,J- ..J;t¡ ) SPACE ABOVE FOR RECORDER'S USE Nf , 'I~~ GRANTOFOPENSPACEIHABITATPRESERVATIONEASEMENT ^ , tJt 'I(' (j) ¡ Assessor's Parcel No.: Project Nos.: 89-291 TM/DR/EIA;98-085 MUP/DR/CDP 256-540-18 W.O. No.: 4595G David U. Yu and Carolyn A. Yu, hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINIT AS, 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. ]'hi, ,.":"""'"'"" birul <Ire 0- @d ¡" '"œ'~o"<iruI~ .. Date: ~ Grantor: ').Á Date: 4~( he Grantor: - ~/L~~ a .~ 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 recordation thereof by its duly authorized officer. ill ^\ ~ . . .- 1\ j, 'Â i ( : A \ ~"l) By - ¡¡",J .(i!Lì.A-i1J( Date: - ..- ----0,.:..- ------ - Alan D. Archibald ' ß Director of Engineering Services 'W City of Ene in it as Cd/DL/89291osesmtl8 1 " 4523 ", CALlFORNIA ALL.PURP ACKNOWLEDGMENT State of CfII L\rOR~11'I County of Lo') I\N c,~ Lr~ 5 On f>.fRIL 1\ Då.. ~QQO before me, \\-\01'11\5 J fL~tJtJ . N¡¡iM~ ~~ _e and """ 01"""""',0,. .Jane Cae. -.. Pu~"1 personally appeared ÐIW\\) ~\J t c..M,o L ~ tJ \{ V _oj 01 S;gno~ol D personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), r """""."THÓMÂš7FLŸ'ÑÑ""i or the entity upon behalf of which the person(s) acted, ~ COMM. #1238501 ~ executed the instrument. s NOrAR'IPUBI.IC.CALIFORNIA s 2 LOS ANGELES COUNTY 2 WITNESS my hand and official seal. : MyComm.ExpiresOctober1B,20û3 : ........ ........... ........ .......... ~~~~~ OPTIONAL Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal attd reattachment of this fonn to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): 0 Partner - D Limited D General D Partner - D Limited D General D Attorney-in-Fact D Attorney-in-Fact D Trustee D Trustee D Guardian or Conservator 0 D Guardian or Conservator 0 D Other: Top of thumb here D Other: Top of thumb here Signer Is Representing: Signer Is Representing: C ,...N..-J -",-.on .8238 RemmetAvo.. P,O. Box 71... Conogo Po'" CA.'309.7184 Pood, No, 5907 R""""" Coil ToIl.F... 1.000-876.6827 . 914 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: (I) 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 Moaification 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 Ciiy of Encinitas, as said permit was issu¡;d 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 subj"ct hmd w¡~hout 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 CdlDL/8929Iosesmt.l8 2 . 9521' 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/8929Iosesmt.18 3 . 9526 . BARROOOI Leucadia Highlands Pacific Crest EXHIBIT "B" Open Space Easement Lot 18, Map No. 13548 A.P.N. 216-540-18 All that portion of Lot 18 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 Fi!e No. 1998-0170070, more particularly described as follows: Commencing at the westerly comer of said Lot 18; thence along the northwesterly line of said Lot 18, North 54°54'23" East, 159.47 feet to the Point of Beginning; thence continuing along said northwesterly line, North 54°54'23" East, 58.99 feet; thence leaving said northwesterly line, along the westerly boundary of that certain portion of said Lot 18 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, South 17°19'44" East, 113.56 feet to a point on the southeasterly line of said Lot 18; thence along said southeasterly line, South 60°25'32" West, 40.40 feet; thence leaving said southeasterly line, North 35°21'50" West, 45.24 feet; thence North 36°17'14" East, 24.71 feet; thence North 09"16' 19" West, 38.13 feet to the Point of Beginning. Containing an area of5,901 square feet plus or minus. See plat attached hereto marked Exhibit 'c' and by this reference thereto made a part hereof. P:\BARROOO I \docs\lcgaIs\lotlBbio.doc . . / --- -...., 9527 \ / / \!< ~ ~C¡/;f¡;NC¡:;G~ ~i~g \ ' 1"1 fJ \ EXIST. OPEN SPACE - ESM'T. TO THE LO r -11 ~ CITY OF ENCINITAS / <> - PER MAP NO. 13548 ~~ ::':iv ¡:;. ':': .,.. "'. .~/ "", ~.t., ?q;:~, 1N J677'lof." W '" ./ 1"1 ,fJg. 2of..71' ./ ~ 'G- LOT -]8 ~~. . iI "".~' fJ"!J']. "*- 50"}: ¡o' 5 40, AœNTŒ " COMMENCEMENT 1 MAP Æ \j O. '\ -I3M8 I If. LOT -J9 \ ~ '" 40' . DAVID EVANS EXHIBIT .C' AND ASSOCIATES, INC. LOT 18 'J'I78 IIAZARD CIIITI:R sum: 1180 OPEN SPACE EASEMENT /WI DIJ!((, CA. 821011 ~ 28<1-11420 TI.1 89-291; MAP NO. 13548