1999-788695]~F_~OEDED REGU]~ OF FIi~ ANEB~'A~ ~1'~
"~UBDI¥I~O~ _ ~ING DEPART~
Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
2292
DOC 1.g 9-07886c)5
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FOR THE BENEFIT OF THE CITY )
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SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT
Assessor's Parcel No.:
256-540-14
ProjeetNos.: 89-291 TM/DRJEIA;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, hereinafter called GRANTEE, with terms, covenants and conditions as follows:
See Exhibit "A" which is attached hereto and made a part hereof.
Date: ///x~jgf Grantor.
~ / ' BARi~ATT AMI~RICAN, INCOtLPORATED
BY: STEPHEN R. REID
Grantor:
Date:
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certi fy 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 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/DIJ8929 los~smL 14 I
2293
EXHIBIT "A'
An easement over, upon, across, and nnder 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 Apr/1 29, 1993, and as amended by Major Use Permit Modification No. 98-085,
issued by Resolution or the Planning Commission on October 6, 1998, or as said permit may be
hereinafter amended or modified pursnant to the Municipal Code of the City of Encinitas.
(2) Grantor conveys the perpetual ri~ht, but not thc 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 tbr itself and its successors and assigns as fbllows:
That it shall not erect, construct, place or maintain, or permit the erection,
construction, placement, or maintemmce of any building or structure or other
thing whatsoever on the subject land other tl~an such buildings, structures or other
things as is permitted by Major Use Permit No. 89-291 and the associated
certificd Final Environmental Impact Report issued pursuant to the Municipal
Code ol' the City of Encinitas, as said permit was issued by Resolutio~ 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 Muaicipal 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 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 malerial
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/89291osesmt. 14 2
2294
Final Environmental Impact Rcport issued pursuant to the Municipal Code of thc
City of Encinitas, as said permit was issued by Resolution of thc 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
Eucinitas in conformance with the Final Environme~tal Impact Report.
(D)
That the terms, covenants and conditions set lbrth 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 easemcnt and its acceptance by thc City of Encinitas shall not
authorize the public or any members thereof to use or enter upon all or any portion of the sttbject
land, it being understood that the purpose o1' this easement is solely to restrict the use to which
the subject land may be put.
Cd/Df,/89291 oscsmt. 14 3
2295
BARRO001
l,eucadia Highlands
Pacific Crest
EXHIBIT "B"
Open Space Easement
Lot 14, Map No. 13548
A.P.N, 216-540-14
All that portion of Lot 14 of Map No. 13548, irt the City of Encinitas, County of San Diego, State of California, aa filed
in the office of the County Recorder af said County Mamh 27, 1998 as File No. 1998-017007{), more particularly
described as follows:
Commencing at the southwesterly comer of said Lot 14; thence along the northwesterly line of said Lot 14, North
28o39'29" East, 144.13 feet to the Point of Beginning; thence continuing along sa~d northwesterly linc, North
28~39'29' East, 50.87 feet; thence leaving said northwesterly line, along the southerly boundary of that certain portion
uf said Lot 14 granted to the City or Encinitas as an open spaco easement as shown on said Map No. 13548, South
70°I 5'24" East, 82.32 feet; thence continuing along said southerly boundary~ South 31D55'39" East, 24.31 feet to a
point on the southeasterly line of said Lot 14; thence along said southeasterly line, South 28°39'29" West, 47.16 feet;
thence leaving said southeasterly line, North 73°30'07" West, 0.34 feet; thence North 24°22'1 l" West, 24.33 feet;
thence North 86o01'56" West, 36.39 feet; thence North 66°28'31'' West, 44.25 feet; thence No/ch 65~09'16'' West,
3.04 feet; thence North 69~15'31 West, 1.20 feet; thence North 45°30'19" West, 1.04 feet; thencc North 40°08'20''
West, 0.41 feet to the Point of Beginning.
Containing an area of 5,184 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof.
KM~O001
DAVID EVANS
A~TD ASSOCIATES, INC.
SAN D~,
LOT 14
OPEN SPACE EASEMENT
TM 89-291; MAP NO. 135~8
P~\I~ARROOOI\ACAD\LEGAL\Lo~14blo,d~9
2297
L14. tx't
Lot name: BIO-ESMTi4
No~Lh: 1976193.8442 East: 6246537.4505
Line Course: N 28-39-29 E Length: 50.87
North: 1976238.4825 East:
I,ine Course: S 70-]5-24 E Length: 82.32
North: ]976210.6/42 EasL:
Line Course: S 3]-55-149 E Length: 24.31
North: 1976190.0419 East:
Line Course: S 28-139-29 W T,ength: 47.]6
North: 1976148.659] East:
[,ine Course: N 73-30-07 W Length: 0.34
North: 1976148.7557 F, ast:
Line Course: N 24-22-]] W I~ength: 24.33
North: 1976170.9]79 East:
Line Course: N 86-0]-56 W Length: 36.39
North: 1976173.4359 East:
Line Course: N 66-28-31 W Length: 44.25
North: '1976~ 9~ .0981 East:
I,ine Course: N 65-09-16 W Length: 3.04
North: 19'/6192.3754 East:
Line Cuursc: N 69-15-31 W Renqth: 1.20
North: ~ 976192.8004 East:
1,1ne Course: N 45-30-19 W Length: 1.04
North: 19'/6193.5293 East:
Line Course: N 40-08-20 W LengLh: 0.41
North: ]976] 93.8427 East:
624656].8468
6246639.32'77
6246652.1839
6246629.b669
6246629.2409
6246619.2017
6246582.8990
6246542.326'/
6246539.5681
6246538.4458
6246537.7040
624653'7.4397
Perimeter: 315.66 Area: 5,']84 sq.ft. 0.12 acres
Hapcheck Closure (Uses listed courses, radi4, and deltas)
Error Closure: 0.0110 Course: S 82-05-]5 W
Error North: -0.00']5'] East: -0.01087
Precision 1: 28,'/'/6.1'?
Page 1
229
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
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 F1 Trustee(s)
of which the person acted, executed the instrument,
[] Guardian/Conservator
WITNESS my hand and official seal, [] Other:
Signer is representing:
(N;~,~ of pemon(~) ~r ~ntit~ie~))
Kelly Frali,51~-, Ngta~y I~.blic Barratt American, Incorporated
A Delaware CorporatiQn ......
Attention blotary: 'Ilxe hffom~ation l~eqx~est~l, below is OPTIONAL, It could, however, prevent fi'audule]xt attachment of this certificate to
any tmauthorized document,
THIS CERTIFICATE MUST BE Title or Type of Document: Grant of Oven SPace/Habitat
ATTACHED TO THE Preservation Easement-Parcel #256-540-14
DOCUMENT DESCRIBED AT
RIGIrr: Number of Pages ~l~-Date of Document November 29, '1999
Signer(s) Other than Named above