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2000-45923Recording Requested By: City of Encinitas When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 7351 DOC 2000-0045923 ~8n 2@, 2000 1:42 PM OFFIP. I~ RECI]REI I)IEGO COtltTV RECORIFI'8 OFFICE J. ~ITH, C[IJNTY ~R FEES: 0.00 $: N~ 2ooo-oe45923 FOR THE BENEFIT OF THE CITY ) ) SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATIONEASEMENT ~ OOCOMENTARY TI~AflSF~tt TAX $., ,~J Assessor's Parcel No.: Project Nos.: 8%291 TM/DR/EIA; 98-085 MUP/DR/CDP 256-540-19 W.O. No.: 4595G Harjinder S. Bagfi and Sarqj Bagri, Trustees of the Bagri Family Trust Dated May 18, 1998, 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: Date: Grantor: i / ~,.7/ Tt.OO ~ Grantor: 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 E, ncinitas consents to the making of the foregoing Grant of Open Space/Habitat Preservation Easement alld consents/4o mc°rdafi°n,~there° fbY its duly auth°rized °ffleer' Date: ['~"7''-00 By: Alan D. Archibald Director of Engineering Services City of Encinitas Cd/DL/89291 osesmt. 19 1 7352 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 mended 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 Encinitns. (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 whatsocwer 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 Enciaitas. 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. 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/$9291os~smt. 19 2 73 3 Final Environmental Impact Report issued pursuant to the Mtmicipal 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 hereinalter 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 a~eed 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/89291 osesmt. 19 3 BARRO001 Lencadia Highlands Pacific Crest EXHIBIT "B" Open Space Easement Lot 19, Map No. 13548 A.P.N. 216-540-19 All that per,ion of Lot 19 of Map No. 13548, in the City cf Encinitas, County of San Diego, State of California as filed in the office of the County Recorder of said County Mm'ah 27, 1998 as File No. 1998-0170070, more particularly described as follows: Commencing at the westerly corner of said Lot 19; thence along the northwesterly line of said Lot 19, North 60025'32'' East, 155.32 feet to the Point of Beginning; thence continuing along said northwesterly line, North 60°25'32'' East, 40.40 feet; thence leaving said northwesterly line, along the southwesterly boundary of that certain portion of said Lot 19 granted to the City of Eneinitas as an open space easement as shown on said Map No. 13548, South 58°30'24'' East, 48.84 feet; thence continuing along said southwesterly boundary, South 02°00'14" East, 80.52 feet to a point on the southeasterly line of said Lot 19; thence along said southeasterly line, South 60°17'38" West, 30.08 feet; thence leaving said southeasterly line, North 29~28'06'' West, 14.24 feet; thence North 12°59'41" West, 59.68 feet; thence North 47<>27'34" West, 39.36 feet; thence North 47038'57" West, 3.12 feet; thence North 46023'05" West, 2.34 feet; thence North 35°21'50" West, 0.10 feet to the Point of Beginning. Containing an area of 4,929 square feet plus or minus. See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof. P:\BARR0001 \does\legals~lot 19bio.doe LOT 'lg POINT ~ ~, ~ ~. O~MENCEMENF ~ , . ~ ' ~ N ,., LN. LINE OF ~ SW ~/4 / ~ _~ ......~ ~ ~E SW 1/4 OF ' ~ S ~0~' W ~  LOT 20~ DAreD gV~S ~ ~D ~SOCIATES, INC, LO~ ~9 OPEN SPACE EASEMENT KHAAO001 Fx~ 11/~3/99 14,38~40 ~ P,N~A~OOO]XA~A~XL;GALXLo~lgblo.dwg 7355 MAP 1~ ~ ~ 6v~ ' ~ I~ PER MAP NO, 1~548 ~ LINE ~ ~E SW 1/4 , . KMAAO00! SEC $5 $0. O8' / ]x,~). LOT 20 DAVID gVANS AKD ASSOCIATFoS, I~C. fxt' 111~'3/99 LOT 19 OPEN SPACE EAsEI~ENT 14~38~40 fxr' P,\~ARROOOi\ACAD\~£GAL\Lo'blgblo,ciwO 7356 State of California County of San Diego On ~an~2~_2000 before me, Loretta J. Warner: Notary Public personally appearedJ~ar.~x~er~S~$~aroj Bagri***** [] personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)J~are subscribed to the within instrument and acknowledged to me .... tl~t.~she/thqy ex_~u_t_ed t~g Same in high, er/their authorized capacity(ies), and that by hlg/~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my band and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to perso~ relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCIRVIENT ........ DOCUMENT DATE SIGNER(S) OTHER THAN NAMES ABOVE CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name [-[individual ~Corporate Officer Title(s) [~artner- Limited _ General ~ttocuey-in-fact [~rrustee(s) NUMBER OF PAGES [~aardian or Conservator SIGNER IS REPRESENTING: I Signer's Name il--[Individual i E~Corporato Officer I~ Title(s) i [~'artner- _ Limited ] [~ttoraey-ia-fact I-]Yrustee(s) _ General [~)THER. SIGNER IS REPRESENTING: Top of Ihumb here