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1999-788697SUBDIV O NAPPING DEPAHT NN Recording Requested By: City of Encinitas When Recorded Mail To: City C. lerk City of Encinitas 505 S. Vulcm~ Avenue -- Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY 199%0788697 19c9c) 9 = 2E) ~1'~ OFFII]IAL tEOORI)8 8AN OIEE] CII~ITY REOIRDER'8 OFFICE G~EE~¥ J. SMITH, ~IINTY RE,RI)ER FEES: 0.00 SPACE ABOVE FOR RECORDER'S USE (;RANT OF OPEN SPACEfHABITAT PRESERVATION EASEMENT Assessor's Parcel No 256-540-21 ProjectNos.: 89-291TM/DR/EIA; 98-085 MUP/DR/CDP W.O. No.: 4595(i Barratt American Incorporated, A Delaware Corporation, hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space casement to the CII'Y OF ENCINITAS, State of Call fornia, h~reinafter called GRAN TEE, 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. EDBARRATT AMERICAN, INCORPORA BY; STEPHEN R. REID Date: Grantor: Signature of Grantors shall be notarized. The appropriate acknowledgementsshall be attached. I certify on behalf of the City Cotmcil of the City of Eneinitas, 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 tbregoing Grant of Open Space/Habitat Preservation Easement and consents to recordation thereof by its duly authorized otlicer. Alan D. Archibald Director of Engineering Services City of Encinitas Cd/DL/89291 osesmt.21 ] 2307 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, hereinal:ter rel~rred 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 Usc Permit No. 89-291 and thc 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 M~jor 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 sul~ject 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: 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 Plmming Commission on April 29, 1993, and as amended by Major Use Permit Modification No. 98-085, issued by Resolution of the Plamfing Commission on October 6, 1998, or as said permit may be hereinafter amended or modified pursum~t 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 tbr those portions authorized by Major [Jse Permit No. 89-291 and Major Use Permit Modification No. 98-085 lbr revegetation, it shall not use the subject land for any purpose except as open space to permanently maintain the biological resoumes, 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/89291oscsmt,21 2 2308 Final Environmcntal Impact Report issued pursuant to the Municipal Code of thc City of Encinitas, as said permit was issued by Resolution of the Planning Commission on April 29, 1993, and as amended by Major Usc Permit Modification No. 98-085, issued by Resolution o£ the Plmming Commission on October 6, 1998, or as said permit may be hereinafter amended or modified pnrsuant 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, covcnants and conditions sct forth herein may be specifically enR~rced or enjoined by proceedings in the Superior Court of the State o1' Califonfia. It is agreed that the grant of this easement and its accepVance by the City of Encinitas shall not authorize the public or any members thereof to use or enter upon all or any portion of thc suh}ect land, it being understood that the parpose of this easement is solely to restrict the use to which the subject land may be put. Cci/I)I./$9291 osesmt.21 3 2309 BARR0001 Lencadia Highlands Pacific Crest EXHIBIT "B" Open Space Easement Lot 21, Map No. 13548 A.P.N. 216-540-21 All that pnrtion of Lot 21 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 westerly corner of said Lot 21; thence along the northwesterly linc of' said Lot 21, North 60°40'46" Ea~st, 130.82 feet to the Point of Beginning; thence continuing along said northwesterly line, North 60°40'46'' East, 45.41 feet; thence leaving said northwesterly line, along the southwesterly boundary of that certain portion of said Lot 21 granted to the City of Encinitas as an open space easement as shown On said Map No. 13548, South 38°21 '35" East, 113.94 tket to a point on the southeasterly line of said Lot 21; thence along said southeasterly line, South 67°44'39" West, 79.23 feet; thence leaving said southeasterly line, North 01i'12'22' West, 29.51 feet; thence North 20030'27,, West, 35.99 feet; thence North 28°18'36'' West, 21.53 fee-C; thence North 33°06'16'' West, 18.21 feet to the Point of Beginning. Containing an area o f 6.194 square feet plus or minus. See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof. P;\BARR000 I\decs\legals\lot21 bio.doc 2310 LOT ~0 LOT ~2 0 SCALE 1"= 40' L21.txt Lot name: BIO-ESMT21 North: 1975658.2888 East: 6247024.5828 Line Course: N 60-40-46 E Length: 45.41 North: 1975680.5259 East: 6247064 Line Course: S 38-21-35 E Length: 113.94 North: 1975591.1821 East: 6247134 Line Course: S 6'7-44-39 W Length: 79.23 North: 1975561.1743 East: 6247061 Line Course: N 08-12-22 W Length: 29.51 North: 1975590.3822 East: 6247057 Line Course: N 20-30-27 W Length: 35.99 North: 1975624.0914 East: 6247044 Line Course: N 28-18-36 W Length: 21.53 North: 1975643.0463 East: 6247034 Line Course: N 33-06-16 W Length: 18.21 North: 1975658.3004 East: 6247024 1755 8863 5588 3467 7383 5279 5822 Perimeter: 343.81 Area: 6,194 sq.ft. 0.14 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0115 Course: N 03-10-38 W Error North: 0.01152 East: -0.00064 Precision 1:29,810.25 Page 1 2312 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 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 W/TNESS my hand and official seal. [] Other: -, z',Y .L,.~ ~ COMM. #11693~0 ~ ~ ~ ~ NO 'ARY PU~iI.IC,CALIFORN!A (m ........ Signer is representing: F~i~q~t~y V.b]i~ Barratt American, Incorporated Kelly A Delaware Corooration Attention Notary: The infonnalion requested below is OPTIONAL. It could, however, Frevent fraudulent ~hment of this certificate to any unauthofi:ved doctunent. THIS CERTIFICATE MUST BE Title or Type of Document: Grant of Open ~p~e/H~b~At ATTACHED TO THE Preservation Easemem-Pm'¢el #256-$40-21 DOCUMENT DESCRIBED AT RIGHT: Number of Pages "&L~"~Date of Document , ,November 29, 1999 Signer(s) Other than Named above