1999-788693Recording Reques~d By:
City of E~einitas
2278
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas CA 92024
DOC
Dec O2, lC)C)c) 9:,~B A~'~
IIII!111111 III IIIIIIIII II
FOR THE BENEFIT OF THE CITY )
)
~ I)IE~ C~I¥ REC0RER'G OFFICE
FE,~: 0.00
SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT
Assessor's Parcel No.:
256-540-12
Project Nos.: 89-291TMfDR/EIA; 98-085 MUP/DR/CDP
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 of California, hereinat~er 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. ,0 ~,
BARRATT AM~RICAN, INCORPORATED
BY: STEPHEN R. REID
Grantor:
Date;
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 Encinitas consents to the
making of the foregoing Grant of ()pen 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/S9291osesmt. 12 I
2279
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 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 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 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 ol' 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 conformance with the Final Environmental Impact Report.
(B)
That, except ibr those portions authori7~t by Major Use Permit No. 89-291 and
Major Use Permit Modification No. 98-085 for revegetafion, it shall not use the
subject land tbr 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/g9291osesmt, 12 2
228O
Final Environmental Impact Report issued pursuant to the Municipal Code of the
City of Eneinitas, 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 the subject land upon review and approval of the City of
Eneinitas in conformance with the Final Environmental Impact Report.
(D)
That the terms, covenants and conditions set Ibrth herein may be specifically
enforced or enjoined by proceedings in the Superior Court of the State of
Caliibrnia.
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.
Cd/DL/89291osesmt, I 2 3
BARRO001
Leucadia Highlands
Pacific Crest
EXHIBIT +~B"
Open Space Easement
Lot 12, M_~p No. 15548
A.P.N. 216-540-12
All that portion of Lot 12 of Map No. 13548, m the City of Encinites, County of San Diego, State of California, as filed
in the office of the County Recorder of said County March 27, 1995 as File No. 1998-0170070, more particularly
described as follows:
Commencing at the southwesterly comer of said Lot 12; thence along the northwesterly line of said Lot 12, North
29°24'02" East, 141.54 feet to the Point of Beginning; thence continuing along said northwesterly line, North
29024'02" East, 57.20 feet; thence leaving said northwesterly line, along the southwesterly boundary of that cecctain
portion of said Lot 12 granted to the City of Encinitaz as an open space easement as shovm on said Map No. 13548,
South 12°38'39" East, 33.86 feet; thence continuing along said southwesterly boundary, South 53°36'35'' East, 68.73
feet; thence North $8°00'32" East, 26.74 foot to a point on the sootheasterly line of said Lot 12; thence along said
southeasterly line, South 28039'29'' West, 65.94 feet; thence leaving said southeasterly line, North 27026'02'' West,
15.12 feet; thence North 25°33'29" West, &27 feet; thence North 29039'49'' West, 18.16 feet; thence North 51°51 '56"
West, 37.11 feet; tbonce North 57°21'11" West, 46.20 to the Point of Beginning.
Containing an area of 4,451 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof,
P:\BARR000 [ \docs\legalg\lot 12bio.doc
LOT 11
EX/SE OPEN SPACE
ES~'T. fO FHE
CITY OF ENCINI?AS
PER ~WAP NO. I$$~
No.30724
Exp. 6/30/00
SCALE 1'= 40'
DAVID EVA!~S
AND ASSOCIATES, INC.
~,c~ ~ (~9) ~
LOT 12
OPEN SPACE EASEMENT
~ 89-291; MAP NO. 13548
2283
L12. txt
Lot name: BIO-ESMT12
North: 1976287.7291 East:
Line Course: N 29-24-02 E Length: 57.20
North: 1976337.5622 East:
Line Course: S 12-38-39 E Length: 33.86
North: 1976304.5234 East:
Line Course: S 53-36-35 E Length: 68.73
North: 1976263.7471 East:
Line Course: N 88-00-32 E Length: 26.74
North: 1976264.6762 East:
Line Course: S 28-39-29 W Length: 65.94
North: 1976206.8140 East:
Line Course: N 27-26-02 W Length: 15.12
North: 1976220.2337 East:
Line Course: N 25-33-29 W Length: 4.27
North: 1976224.0858 East:
Line Course: N 29-39-49 W Length: 18.16
North: 1976239.8659 East:
Line Course: N 51-51-56 W Length: 37.11
North: 1976262.7816 East:
Line Course: N 57-21-11 W Length: 46.20
North: 1976287.7047 East:
Line Course: N 42-54-33 W Length: 0.06
North: 1976287.7487 East:
6246334.4730
6246362.5532
6246369.9650
6246425.2922
6246452.0161
6246420.3925
6246413.4263
6246411.5842
6246402.5966
6246373.4073
6246334.5064
6246334.4655
Perimeter: 373.38 Area: 4,451 sq.ft. 0.10 acres
Mapcheck Closure (Uses
Error Closure: 0.0210
Error North: 0.01959
Precision 1: 17,813.45
listed courses, radii, and deltas)
Course: N 20-52-31 W
East: -0.00747
2284
Optional Information
State of Caflfornia
County of Sao Diego Capacity claimed by signer(s)
[] Individual(s)
On November 29, 1999 before me, Kelly Fralish, Notary Public,
personally appeared Stephen R, Reid, personally known to me (or~ Corporate ¥i99 President
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 [] Parmer(s)
to me that he executed the same La his authorized capacity, and that [] Attorney in Fact
by his signature on the Lastrument 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:
~ ~_,~ ~ NOTN~Y PUBLIC~CALII:ORNIA ul
~ ~=~'~.~. E~ SAN o~eGo COUNTY ~
'" ~.~"~=~ FY ~y Commission Expires
~ ~_..-JANUARY,,. _ la, 2002_ ~ Signer is representing:
K~ily l~l~fi, ~a~- Publi~ Barratt American, Incomorated
A Delawa~re Comoration
Attention Notary: TI~ mfmmation reXlU~led l~low is OPTIONAL. It coald, however, la-error fraudul~t atme. l~emt ofthi* c~rtificate to
any mmuthorized do~um~L
THIS CERTIFICATE MUST BE Title or Type of Document: Grant ofOp~ Snace/Habitat
ATTACHED TO THE Pre.~.atjo..n. Ea~ment-Parcel #256-540-12
DOCUMENT DESCRIBED AT
RIGHT: Number of Pages ~ ~i~ate of Document November 29, 1999
Signer(s) Other than Named above