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