1999-815742~{~D~ '~O[!F;S? OF FIRST A~qI6rk~ TI~JTg
City of Eneinitas
2962
DOG ~111999-0815742
11:02 AM
When Recorded Mail To: )
)
City Clerk )
City of Encinitas ) .
505 S. Vul.c.a.n Avenue ) IIIII
Encinitas, CA 92024 )
S.AC~ ^BOVE FOR RECOR~ER'SUSE
256-540-09 W.O. No.: 4595G
Barratt American Incorporated, A Delaware Corporation, hereinafter called GRANTOR,
does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS,
State o f 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.
Oate: D.,e.,e, ,,. ,,,, ~a, to,: ~:.::...i~_/Z :" "'
G~/aack Becket, Vt~ 'President
Date: Grantor: i f ¢ .' -
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority confi:rred by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the
making of the Ibregoing Grant of Open Space/Habitat Preservation Easement and consents to
recordation thereof by its duly anthorized officer.
Date: /~- '"I tO' ~- t~ ~ By: ~~ '(~k~'/~/
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Cd/DL/S9291 osesmt.9 I
2963
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORIA
COUNTY OF SAN DIEGO
On December 13, 1999, before me, Elizabeth Mosley , Notary Public, personally
appeared ~ personally known to me to be the person whose name is
subscribed to the within instmmem and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal,
COMM, #1171119 c~
NOTARY ~U~IFO~
SAN 01~a0 ~O~NTY
Though the data below is not required by law, it may prove valuable to persons relying
on the document and could prevent fraudulent reattaehment of this form.
CAPACITY CLAIMED BY SIGNER
DESCR2PTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
VICE PRESIDENT
T1TLE
Grant of Open Space/Habitat Preservation
Easement - Pacific Crest
Tract 89-291
TITLE OR TYPE OF DOCUMENT
5
[] PARTNERS
ATtORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
LIMITED
GENERAL
NUMBER OF PAGES
December 13, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON OR ENTITY)
Barra~ American Incorporated, a Delaware Corporation
2964
EXHIBIT "A"
An easement over, upon, across, and reader 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
sul~iect 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 Envirounxental 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 Resolntion of the Planning Cormmission on October 6, 1998, or as said permit may be
hereinaller 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
a~d remove aoy 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:
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 hereinal'ter amended or modified
pursuant to the Municipal Code of the City of Encinitas. All necessary utility
lines may be erected on thc subject land upon review and approval of the City of
Encinitas in conformance with the Final Environmental Impact Report.
(13)
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 bmsh clearing for fmc protection purposes by written order of the
Eneinitas 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/89291 osesmt.9 2
2965
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 Enviromnental Impact Report.
(D)
That the terms, covenants and conditions set forth herein may be specifically
enforced or enjoined by proceedings in the Superior Court of the State of
Califomia.
It is agreed that the grant of' this easement and its acceptance by the City of Encinitas shall not
authorize thc 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 sub. ject land may be put.
Cd/DLd89291osesmt.9 3
2966
BARRO001
Leucadia Highlands
Pacific Crest
EXHIBIT
Open Space Easement
Parcel 'C' of Certificate of
Compliance, File No. 1999-0791516, O.R.
All that portion o1' Parcel 'C' of that certain Certificate of Compliance in the City of Encinitas, County o£ San Diego,
State of California, as filed ia the office of the County Recorder of said County December 3~ 1999 as File No. 1999-
0791516, more particularly described as follows:
Commencing at the most southerly comer of said Parcel 'C'; thence along the southerly line of said Parcel 'C', North
78~24'16'' West, 131.20 feet to a point on the easterly line of that certain portion of Lot 9 ~anted to the City of
Encinitas as an easement for ~cess, recreational trail and viewing area purposes as shown on Map No. 13548; thence
along said c~,sterly line, North 02°24'51" East, 15.20 ibet to a point on the northerly line of that certain portion of said
Lot 9 granted to the City of Encinitas as a 15.00 foot wide easemcmt for park site and recreational trail purposes as
showo on said Map No. 13548, said point also being the Point of Beginning; thence continuing along said easterly
line, North 02°24'5 I" East, 55.53 feet; thence North 27o46'27" East, 104.88 tbet; thence North 12°30'53', West, 53.32
feet; thence North 50°05'33'` East, 23.56 feet; thence leaving said easterly line, along the boundary of that certain
portion of said l,ot 9 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548,
Sonlb 60°48' I $" East, 67.49 feet; thence South 65053'24" East, 0.61 f~et to a point on thc easterly line o1' said Lot 9;
thence leaving said open space bonnd,'u% along the southwesterly line of that certain portion of Lot 10 granted to the
City of Enclnitas a,s an open space easement as shown on said Map No. 13548, South 65°53'24" EasL 1.04 feet to the
easterly line of said Parcel C; thence along said easterly line of said Parcel 'c', South 12~25'43'' East, 84.49 feet;
thence leaviag sal¢t easterly line, North 81°43'45'' West, 12.74 feet; thence South 79~08'56'' West, 12.87 feet; thence
South 63°06'41'' West, 7.18 feet; thence South 65°19'4]" West, 26.66 feet; thence South $1°28'20" West, 22.39 feet;
thence South 40020'50" West, 36.11 feet; thence South 42°47'43" West, 5.71 feet; thence South 26°55'54" West, 5.71
feet; thence South 02°18'02'' West, I 1.10 feet; thence South 08o28'46" East, 11.10 feet; thence South 54°00'01" East,
19.39 feet to the begioning of a tangent 32.00 foot radius curve, concave southwesterly; thence southeasterly along the
arc of said curve tltrough a central angle of 29°16'28'' a distance of 16.35 feet to a point on the northerly line &that
certain portion of said Lot 9 ~ant, ed to the City of Encinitas t~s a 15.00 foot wide easement for park site and
recreational trail purposes as shown on said Map No. 13548; thence along said northerly line, North 78°24'16" East,
61.48 feet to thc Point of Beginning.
Containing an area of 13,509 square feet plus or minus.
See plat attached hereto marked Exhibit 'C' and by this reference thereto m,'ute a p,'u~ hereoL
I~:\BA R Re001 \do¢¢legals\lot0blo.dtlc
296?'
AND ~E~NG AREA
/ PER MAP NO.
PARK ~ AND
PURPOSES PER MAP 15548
~ 5,,i*00'01" £
C~'RE OF
CO~PL/ANC~
EC.
~999- 0791516,
DOC. NO
O.R.
LOT
/
POINt OF
COMMENCEMENr
LOT 9..4
SCALE 1"= 40'
No.30724
~xp. 6/3o/oo
DAVID ~VANS
AND ASSOCIA'I~S, I]q'C,
OPEN SPACE EASEMENT
PARCEL 'C' of CERTIFICATE
OF COMPLIANCE, DOC. NO. 1999-0791516
KMAAO001 'F'xr' 12/09/99 11~57,4~' Fxr P,\])ARROOOI\ACA[m\L£GAL\Lo'bgblo.dwG
2967'
RECREA HONAL TRAIL
~ND ~E~Ne AREA
PER ~AP
/~ ~EN ~A~
15' ~DE EA~F F~
PARK SI~ AND
RE~EA ~AL ~AIL
PURPOSES PER ~AP 13548
II, IQ'
u"~PL/ANCE ',,
eec. 12/$/99 I\ OOC. NO.
1999-079151~, ~Z~
SCALE 1"= 40'
No,3072~
Exp, 6/50/00
DAVID EVANS
AND A~SOCIATES, INC.
OPEN SPACE EASEMENT
PARCEL'C' of CER~FICATE
OF COMPUANCE, DOC. N0.1999-0791516
KMAAO001 Cxr 12/09/99 11t57~42 ~'xr P,\I]ARROOOI\ACAI)\LEGAL\Lo~gblo,dw9