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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