1999-788691Recording Requested By;
City of Eucinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
2264
L'.,OC i.. 9 07886
DFFiCIAL
!~ QIEGOCBJNI'Y RECORDER'S OFFICE
GREG&~Y J, ~4tTH, COIJICTY
FEES:
NA
III IIIIIII IlllIlll IIIlllII
18g~-0788~1
SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT
Assessor's Parcel No.: Project Nos.: 89-291TlvffDR/EIA; 98-085 MUP/D1UCDP
256-540-05 W.O. No.: 4595G
Barratt American Incorporated, A Delaware Corporation, hereinafter called GRANTOR,
does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS,
State o t' Caliromia, 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: ////2 ?/~ Grant°r: 1½ INCONPO~TSD
BY: STEPHEN R, REID
Date: Grantor:
Signature of Grantors shall be notarized.
The appropriate acknowledgementsshall be attached.
I certify on behalf of the City Council of thc 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 Ibregoing 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.5 I
2265
EXHIBIT "A"
An easement over, upon, across, and under the lands hereinafter described on Exhibit "B"
attached hereto and as show~] on Exhibit "C' attached hereto, hereinafter referred to as the
subject land, to wit:
(1) Grm~tor 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 ot' 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 a~ces 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 Cormnission 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 Eneinitas. 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 lbr 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 pemmanently maintain the
biological resources, and no clearing or removal of any vegetation shall be
permitted except brash 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
Eneinitas 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/89291os~smt.5 2
2266
Final Environmental hnpact Report issued pursuant to the Municipal Code of the
City ol~ Encinitas, as said permit was issued by Resolution of the Planning
Cormnission on April 29, 1993, and as amended by Major Use Permit
Modification No. 98-085, issued by Resolution of the Platming Commission on
October 6, 1998, or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code of the City ot' Encinitas. All necessary utility
lines may be erected on the subject land upon review and approval of the City of
Encinitas in confbmmnce 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 Eneinitas 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 whicb
the subject land may be put.
Cd/DL/89291osesmt,5 3
2267
BARRO001
Leucadia Highlands
Pacific Crest
EXHIBIT
Open Space Easement
Lot 5, Map No. 13548
A.P.N. 216-540-05
All that portion of Lot 5 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 Cotmty March 27, 1998 as File No. 1998-0170070, more particularly
described as follows:
Commencing at the northeasterly comer of said Lot 5; thence along the southeasterly line of said Lot 5, South
31°32'51" West, 131.44 fe~ to the Point of Beginning; thence continoing along said southeasterly line, South
31°32'51" West, 51.68 fevt; thence leaving said southeasterly line, along the northeasterly boundary of that certain
portion of said Lot 5 t0-anted to the City of Encinitas as an open space easement as shown on said Map No. 13548,
North 57"57~27' West, 45.20 feet; thence continuing along said northeasterly boundary, North 37008'55" West, 51.80
feet; thence North 52~35'08'' West, 15.06 feet to a point on the northwesterly line of said Lot 5; thence along said
northwesterly line, North 44o49'56" East, 47.67 feet; thence leaving said northwesterly line, South 26"17'56" East,
17.19 feet; thence South 38°38'39" East, 48.11 feet; thence South 55"44'51" East, 24.75 feet; thence North 80°49'15"
East, 17.09 feet to the point of Beginning.
Containing an area of 4,481 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this refe~nce thereto made a part hereof.
P:~BARR0001 \docs~lcgals\lot 5blo.doe
~MAP
LOT 6
£SM'F. FO DIE
C/?Y OF ENO/N/lAS
LOT 0
-- POINT OF
/ /
/ /
/ /
LOT 4
SCALE 1"= 40'
DAVID EVANS ~
AND ASSOCIATES, INC. LOT 5
"m-,,- ~ c~-~ ~, stm~ ~eo OPEN SPACE EASEMENT
SA~ mmo, ca. ~AOS (el~) ~o-s~o ,,'1~1, 89-291; MAP NO. 15548
2269
L5. txt
Lot name: BIO-ESMT5
North: 1975996.1066 East: 6246145.8316
Line Course: N 44-49-56 E Length: 47.67
North: 1976029.9129 East: 6246179
Line Course: S 26-17-56 E Length: 17.19
North: 1976014.5022 East: 6246187
Line Course: S 38-38-39 E Length: 48.11
North: 1975976.9264 East: 6246217
Line Course: S 55-44-51 E Length: 24.75
North: 1975962.9961 East: 6246237
Line Course: N 80-49-15 E Length: 17.09
North: 1975965.7223 East: 6246254
Line Course: S 31-32-51 W Length: 51.68
North: 1975921.6802 East: 6246227
Line Course: N 57-57-27 W Length: 45.20
North: 1975945.6610 East: 6246189
Line Course: N 37-08-55 W Length: 51.80
North: 197.5986.9493 East: 6246157
Line Course: N 52-35-08 W Length: 15.06
North: 1975996.0994 East: 6246145
4405
0566
1005
5580
4291
3899
0759
7946
8331
Perimeter: 318.56 Area: 4,481 sq.ft. 0.10 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0073 Course: S 11-29-11 E
Error North: -0.00714 East: 0.00145
Precision 1:43,746.78
Page 1
2270
Optional Information
State of California
County of San Diego Capacity claimed by signer(s)
[] Individual(s)
On November 29, 1999 before me, Kelly Fralish, Notary Public,
Corporate
Vice
Presidem
personally appeared Stephen R. Reid, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person Officer(s)
whose name is subscribed to the within instrument and acknowledged [] Partner(s)
to me that he executed the same in his authorized capacity, and that [] Attorney in Fact
by his signature on the instrument the person or the entity upon behalf
[] Trustee(s)
of which the person acted, executed the instrument.
[] Guardian/Conservator
WITNESS my hand and official seal. [] Other:
i ~ KELLY FRALISH ~ ~
, ~' '-i_~'y,~ COMM. #1169350
~ ~ _~ NOTARY PUBLIC-CALIFORNIA u~
~ ~_~ ~ r-.~,~ RAN OtEGO COUNTY
~ \~'~'~'~.. F/ My C~mmi~ion Expires
CN~l~ ~p~l(~) ~f ~',~i~))
I~¢~y Fral~[l~, Notary Public Barratt American, Incorporated
A Delaware Corporation
Attention lgotary: Tho i_nfommtion ~eqttested below is OPi1ONAL. It could, however, prevcat fraudulent attar, lunent of this certificate to
any unauthorized document.
THIS CERTIFICATE MUST BE Title or Type of Document: Grant of Open Space/Habitat
ATTACHED TO THE Preservation Easement-Parcel #256-540-05
DOCUMENT DESCRIBED AT
RIGHT: Number of Pages ~ Date of Document November 29. !999
Signer(s) Other than Named above