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1999-788696T ~C01tDED RE~I 01~ FIRST 2299 Recording Requested By: City of Encinitas DOC 1.999-0788696 City Clerk City of Encinitas 505 S. Vulcan Avenue ..- Encinitas, CA 92024 Dec 02, 1999 9:2B AM When Recorded Mail To: ) FOR T}IE BENEFIT OF THE CITY ) ) ~FICIN. BqN I)tEE) ~ RElll!iER'8 B~FI~E 6REE)RY J. ~ITH, ~ FEEB: 0.00 SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel No.: Project Nos.: 89-291TM/DR/EIA; 98-085 MUP/DR/CDP 256-540-15 W.O. No.: 4595G Barratt American Incorporated, A Delaware Corporation, hereinat~r called ORANTOR, 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. This easement shall bind the owner and its successors and assigns. ,~ ,~~ BARI~TT AM~ICAN, INCORPORATED BY: STEPHEN R, REID Date: Grantor: Signature of Grantors shall be notarized. The appropriate acknowledgements shall be attached. I certify on behalf of the City Council of the City of Encinims, 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 re¢ordalion thereof by its duly authorized officer. Alan D. Archibald Director of Engineer'mg Services City of Encirdtas Cd/Dld89291 osesmt, i 5 1 230O 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 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. (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 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 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 Departlneut. (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/89291 osesmt. 15 2 2301 Final Environmental Impact Report issued pursuant to the Municipal Code of the City of Encinitas, as said pemait 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 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. (D) That the terms, covenants and conditions set forth heroin 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 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. 15 3 23O2 BARR0001 Leuoadia Highlands Pacific Crest EXHIBIT Open Space Easement Lot 15, Map No. 13548 A.P.N. 216-540-15 All that portion of LOt 15 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 County March 27, 1998 as File No. 1998-0170070, more particularly described as follows: Commencing at the southwesterly comer of said Lot 15; thence along the northwesterly line of said Lot 15, North 28039'29'' West, 112.13 feet to the Point of Beginning; thence continuing along said northwesterly line, North 25"39'29" West, 47.16 feet; thence leaving said northwesterly line, along the southerly boundary of that certain portion of said Lot 15 granted to the City of Encinites as an open space easement as shown on said Map No. 13548, South 72028'48'' East, 76.18 feet;, thence continuing along said southerly boundary, South 42009'24'' East 40.88 feet to a point on the southeasterly line of said Lot 15; thence along said southeasterly line, South 40°08' 17" West, 45.52 feet; thence leaving said southeasterly line, North 83028'20'' West, 0.31 feet; thence North 36°11'26' West, 33.49 feet; thence North 65°03'11" West, 19.70 feet; thence North 82°48'23'' West, 30.41 feet; thence North 73°30'07' West, 26.32 feet to the Point of Beg'tuning. Containing an area of 4,912 square feet plus or minus. See plat attached hereto masked Exhibit 'C' and by this reference thereto made a part hereof. P:kBARR0001 ~docs\legals~lot 15bio,do~ POIN F BEO. INNIN~ EX/SF. OPE~V SPACE ?07HE C/TY OF £NCJN/FAS PkT? MAP NO. ~$548 LOT -H, N PO/N? OF COMMENCEMENF L ,/ AND ASSOCIATES, INC. LOT 15 ~ m~m) c'=~m o.~,=, sam ~o OPEN SPACE EASEMENT ~ ~)]~)1 c'~' ~'~ (~'~1)11111111~'-~'~1,,, ~ 89-,2,9! ;, ,MAP NO, 1354.8 L15.txt 2304 Lot name: BIO-ESMT15 North: 1976148.6627 East: 6246629.5757 Line Course: N 28-39-29 E Length: 47.16 North: 1976190.0455 East: Line Course: S 72-28-48 E Length: 76.18 North: 1976167.1124 East: Line Course: S 42-09-24 E Length: 40.88 North: 1976136.8075 East: Line Course: $ 40-08-17 W Length: 45.52 North: 1976102.0078 East: Line Course: N 83-28-20 W Length: 0.31 North: 1976102.0430 East: Line Course: N 36-11-26 W Length: 33.49 North: 1976129.0714 East: Line Course: N 65-03-11 W Length: 19.70 North: 1976137.3804 East: Line Course: N 82-48-23 W Length: 30.41 North: 1976141.1884 East: Line Course: N 73-30-07 W Length: 26.32 North: 1976148.6629 East: 6246652.1928 6246724.8389 6246752.2760 6246722.9323 6246722.6244 6246702.8494 6246684.9875 6246654.8168 6246629.5804 Perimeter: 319.97 Area: 4,912 sq.ft. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0047 Course: N 88-06-06 E Error North: 0.00016 East: 0.00470 Precision 1: 68,051.09 2305 Optional Information State of California County of San Diego Capacity claimed by signer(s) [] Individual(s) On November 29, 1999 before me, Kelly Fralisig 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: c~ L.~-.~ NOTARY I~USLIC-CAUFORNIA co ] ~ JAN~RY 12, 2002 I ..... Signer is representing: Kelly Frali~ Public- Barratt American. Incomorated A DelRwttre Cqrpor~tion Attealioa Notary: The infommtion ri:quested below is OPTIONAL. It could, however, prevent frauduleat atmclm~mt of ~ ~mte m THIS CERTIFICATE MUST BE Title or Type of Document: Grant ofOnen SoacedHabitat ATTACHED TO THE Pr~s~rvation Easement-Parcel #256-540-! 5 DOCUMENT DESCRIBED AT RIGHT: Number of Pages ~[o ~Date of Document Ngv0ral~g' 29, 1999 Signer(s) Other than Named above ..