1999-788692Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF TIlE CITY
SPACE ABOVE FOR RECORDEWS USE
GRANT OF OPEN SPACEfHABITATPRESERVATIONEASEMENT
Assessor's Parcel No.: Project Nos.: 89-291TM/DR/EIA; 98-085 MUP/DR/CDP
256-540-08 W.O. No.: 45950
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 of California, hereinaller 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 thc owner and its successors and assigns.
Date: /(2~//~ Grantor:
t~TT'A'TT AMERICAN, INCORPORATED
BT: STEPHEB R. REID
Date: Grantor:
Signatnre 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 Encinkas consents to the
making of the foregoing Grant of Open Space/Habitat Preservation Easement and consents to
mcordationthereofby its duly authorized officer,
Date: I~-'- I - t~ ~. By: Alan~D Amh~ib~l~
Director of Engineering Services
City of Eneinitas
Cd/DL/89291oscsmt8 I
2272
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, stmcttire 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 thc Municipal
Code of the City ot' 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 etlbcts 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)
'llmt 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 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 fl~e 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 Usc 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/S9291 osesmt,8 2
2273
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, mad as amended by Major Use Permit
Modification No. 98-085, issued by Resolution o1~ 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 confbrmance 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 o1' 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.
C0JDL/89291 oscsmt,8 3
22,74
BARR0001
Leueadia Highlands
Pacific Crest
EXItlBIT "B'
Open Space Easement
Lot g, Map No. 13548
A.P.N. 216-540-0g
All that portion of Lot 8 of Map No. 13548, in the City of Encinitas, County of Sen Diego, State of California, as fried
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 southeasterly corner of said Lot 8; thence along the southerly line of said Lot 8, South 76043'54,,
West, 115.85 feet to the Point of Beginning; thence continuing along said southerly line, South 76°43'54" West, 58.20
feet; thence leaving said southerly line, along the easterly boundary of that certain portion of said Lot 8 granted to the
City of Encinitas as an open space easement as shown on said Map No. 13548, North 06°24'46" East, 71.07 feet;
thence continuing along said easterly boundary, North 12o58'49" East, 86.26 feet to a point on the northerly line of said
Lot 8; thence along said northerly line, South 78o24']6" East, 89.43 feet; thence leaving said northerly tine, South
11°40'35" West, 0.70 feet; thence South 77°29'31" West, 58.71 feet; thence South 14033'00" West, 38.79 feet; thence
South 13012' 15" East, 9.08 feet; thence South 07°10'01" West, 54.80 feet; thence South 56D05'32" East, 16.50 feet to
the Point of Beginning.
Containing an area of 6,454 square tket plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof.
2275
/ /
LOT
- --._MAP ~ N O, -]S~, 8
~ ~ __.__ ~ EXISF. 1,5' ~DE EASE~T F~
~ ~ ~ ~ ~ ~ PARK~ AND RECREA~AL
~ '~ ~ ~ ~ ~AIL PURPOSES DEDI~A
~ ~ ~ ~ ~ ~PER ~AP NO.
/'
E~'~ Fo ~E I ~ "~ ~ E~~ ~
arY ~ ENaNIFAS I '~ EXiS~
PER ~AP Na ~ ~ ~ Sr~ DR~N E~'~
Z ~ RE~R~ F~ HOA
~ I ~ ~. PER ~AP NO.
SCALE 1"- 40'
~ DAVID EVANS
2276
L8.txt
Lot name: BIO-ESMT8
North: 1976219.7301 East: 6245992.2867
Line Course: N 06-24-46 E Length: 71.07
North: 1976290.3554 East: 6246000
Line Course: N 12-58-49 E Length: 86.26
North: 1976374.4112 East: 6246019
Line Course: S 78-24-16 E Length: 89.43
North: 1976356.4356 East: 6246107
Line Course: S 11-40-35 W Length: 0.70
North: 1976355.7501 East: 6246107
Line Course: S 77-29-31 W Length: 58.71
North: 1976343.0349 East: 6246049
Line Course: S 14-33-00 W Length: 38.79
North: 1976305.4889 East: 6246040
Line Course: S 13-12-15 E Length: 9.08
North: 1976296.6490 East: 6246042
Line Course: S 07-10-01 W Length: 54.80
North: 1976242.2772 East: 6246035
Line Course: S 56-05-32 E Length: 16.50
North: 1976233.0725 East: 6246048
Line Course: S 76-43-54 W Length: 58.20
North: 1976219.7149 East: 6245992
2245
5999
2047
0630
7464
0014
0755
2386
9326
2862
Perimeter: 483.54 Area: 6,454 sq.ft. 0.15 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0152 Course: S 01-53-12 W
Error North: -0.01518 East: -0.00050
Precision 1: 31,844.29
2277
Optional Information
State of California
County of San Diego Capacity chimed by signer(s)
f~ Individual(s)
On November 29, 1999 before me, Kelly Fralish, Notary Public,
Corporate
Vice
President
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:
,- ~¢ '-CL, tX-X COMM. #1169350 r3
¢3 ~r.%_~=~-.2,~'~ NO ~'ARy pU BLiC.CALIFOR NIA ~3
m ~'~,.~g&'~;1 SAN DIEGO COUNTY
Signer is representing:
Kelly Fral~h,}qota~ Public Barratt American...ltl¢omorated
_..~ Delaware Coroorati0n
Attention Notary: Ti~ information requested below is OPTIOlqAL It mttld, however, prevent frau61uleaE a~t of ~ia ~ficam to
arty tmautlxaSz~ document.
THIS CERTIFICATE MUST BE Title or Type of Document: Grant of Open Space/Habitat ......
ATTACHED TO THE Preservation Easement-Parcel #256-540-08
DOCUMENT DESCRIBED AT
RIGHT: Number of Pages ~ .Lo ~DDate of Document November 29, 1999
Signer(s) Other than Named above