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
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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:
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