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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