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 ..