1999-788694SUBDIVISION ~PPING DEP~RT~
Recording Requested By:
City of En¢initas
WhenRecordedM~l To:
City Clerk
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
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~ DIEGO I;Ot~TY RELIORDER'~ OFFICE
f,iRE~PZ-6~ ]. B~IT$ COUNTY REC, OR~
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FOR THE BENEFIT OF THE CITY )
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SPACE ABOVE FOR RECORDER'S USE
GRANT OF OPEN SPACE/HABITATPRESERVATIONEASEMENT
Assessor'sParcelNo.: ProjectNos.: 89-291 TM/DR/EIA;98-085MUP/DR/CDP
256-540-13 W.O. No.: 4595G
Barratt American Incorporated, A Delaware Corporation, hereinafter called GRANTOR,
docs hereby grant, convey m~d dedicate an open space easement to the CITY OF ENCINITAS,
State of Calilbmia, 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.
Date: ///~ Grantor:
BARi{ATT AF~RICAN, INCORPORATED
BY.* STEPHEN R. REID
Date: Grantor:
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
1 certify on behalf of the City Council of the City of Encinita& 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
recordationthereofby its duly authorized officer.
Alan D. Amhibald
Director of Engineering Services
City of Encinitas
Cd/Dl./89291osesmL 13 I
2286
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 l'or 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 thc 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 constrtteted, 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)
Crrantor covenants and agrees for itself and its successors and assigns as follows:
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 conlbrmance with the Final Environmental Impact Report.
(B)
That, except for those portions authorized by M~jor Use Permit No. 89-291 and
Major Use Permit Modification No. 98-085 tbr 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 thc 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. 13 2
2287
Final Environmental Impact Report isstted pnrsuant 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
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.
(D)
That the terms, covmmnts and conditions set fortl~ herein may be specifically
enforced or enjoined by proceedings in the Superior Court of the State of
Cali l'ornia.
It is agreed that the grant of this easement 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 subject
land, it behag understood that the purpose of this easement is solely to restrict the use to which
the subject land may be put.
Cd/DL/89291 osesmt. 13 3
BARR0001
Leunadia Highlands
Pacific Crest
I~XHIBIT "B"
Open Space Easement
Lot 13, Map NO. 13548
A.P.N. 216-$40-13
All that portion of Lot 13 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 13; thence along the northwesterly line of said Lot 13, North
28039'29'' East, 124.18 feet to the Point of Beginning; thence continuing along said northwesterly line, North
28~39'29'' East, 65.94 feet; thence leaving said Northwesterly line, along the southerly boundary of that certain portion
of said Lot 13 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, North
88"00'32" East, 37.57 feet; thence continuing along said southerly boundary, South 87°33'52" East, 26.29 feet; thence
South 60° 1 I' 11 ~' East, 53.04 feet to a point on the southeasterly line of said Lot 13; thence along said southeasterly
line, South 28039'29,' West, 50.87 feet; thence leaving said southeasterly line, North 40008'20'' West, 0.73 feet; thence
North 20016'38" West, 26.73 feet; thence North 77~22'20'' West, 24.32 feet; thence South 77019'56" West, 22.19 feet;
thence South 43037'53,' West, 28.41 feet; thence North 80043'28" West, 42.00 feet; thence North 55035'07'' West,
1.04 feet to the Point of Beginning.
Containing an area of 5,905 square feet pins or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto madea part hereof.
I':\BARR000 l\docs\lcgals\lot 13bio,doc
t9
MAP
EX/ST. OPEN SPACE
E.~'T TO I'ME
O/?Y Ok- ENOINI?AS
LOT 13 / LO-,I" 'N
N O, 1854 8
CCMENOk_A4EN POIN? OF I
{
DAVID EVANS ~/~ ~
AN]) ASSOCIATES, INC. //,~/-- LOT 1,.3
~ ~ ~ Dmz. stem 8~,~/ OPEN SPACE EASE~IENT
,,~ D~. c~ ~oe (mo) ~o~,~o l~l 89-291; ~AP NO. 1~5~
L13.
Lot name: BIO-ESMT13
North: 1976206.8056 East: 6246420.3909
Line Course: N 28-39-29 E Length: 65.94
North: 1976264.6678 East: 6246452
Line Course: N 88-00-32 E Length: 37.57
North: 1976265.9731 East: 6246489
Line Course: S 87-33-52 E Length: 26.29
North: 1976264.8559 East: 6246515
Line Course: S 60-11-11 E Length: 53.04
North: 1976238.4855 East: 6246561
Line Course: S 28-39-29 W Length: 50.87
North: 1976193.8472 East: 6246537
Line Course: N 40-08-20 W Length: 0.73
North: 1976194.4052 East: 6246536
Line Course: N 20-16-38 W Length: 26.73
North: 1976219.4787 East: 6246527
Line Course: N 77-22-20 W Length: 24.32
North: 1976224.7954 East: 6246503
Line Course: S 77-19-56 W Length: 22.19
North: 1976219.9292 East: 6246482
Line Course: S 43-37-53 W Length: 28.41
North: 1976199.3662 East: 6246462
Line Course: N 80-43-28 W Length: 42.00
North: 1976206.1359 East: 6246421
Line Course: N 55-35-07 W Length: 1.04
North: 1976206.7237 East: 6246420
Line Course: N 27-26-02 W Length: 0.09
North: 1976206.8036 East: 6246420
0145
5618
8280
8481
4518
9812
7175
9858
336O
7326
2818
4238
3823
Perimeter: 379.22 Area: 5,905 sq.ft. 0.14 acres
Mapcheck Closure -
Error Closure: 0.0088
Error North: -0.00198
Precision 1:43,275.55
(Uses listed courses, radii, and deltas)
Course: S 76-54-28 W
East: -0.00854
Page 1
2291
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,
personally appeared Stephen R. Reid, personally known to me (ort Corporate Vig~ Pr~ident
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:
,,;.~ ~..,,r~.~"~ NOTARY PUSUC-CALtFORNtA
Signer is representing:
l~elly FrailS, N~tary Public Barratl;.American. Incomorated
(2
A Delaware Corporation .......
Attention lq'otary: The i~t'onnafiort requested below is OPTIONAl.. It could, lmwever, prevent fraudulc~tt attachmettt of this certificate to
any unauthorized docmm.mt.
THIS CERTIFICATE MUST BE Title or Type of Document: Grant ofOpell Soace/Habitat
ATTACHED TO THE ..... Preservation Easement-Parcel #256-$~..0:.13
DOCUMENT DESCRIBED AT
RIGHT: Number of Pages ~l.~%ate of Document N0yelgber 29. 1999
Signer(s) Other than Named above