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1999-815743When Recorded Mail To: ~ny Clerk 2968 DOC 1999-08i5743 16, 1999 11:02 O[FEIAL REel]RD8 SAN llILr60 COWT¥ EI:~IE~'8 OFFICE m3RE6OR~ J. 8MITH, COlltTY ~C~I)ER FEES: 0.00 City of £ncin'tas ) '. ~ ,~ OF THE CITY ) SPACE ABOVE FoR RE~O~)ER S USE , GRANT OF OPEN SPACEatABI/ATPRESERVATIONEASEMENT q ,~ Assessor'sParcclNo.: ProjectNos.: 89-29 TU/ EIa;gS-085MUPm /C P ',3 :s6-$4oqo No.: ' Barratt American Incorperatcd, A Delaware Corporation hcrci,mfter called GRANTOR, does hereby grant, convey and dedicate an open space easement to thc CITY OF ENCINFrAS, State ol'Califomia, hereinaftcr called GRANT]2E, with terms covenants and conditious as follows: Sec Exhibit "A' which is attached hereto and made a part hereof. [)ate: This easement shall bind the owner and its successors and assilgns. ~ z? December 13, 1999 _ Grant°r:.g.// President Becket, vlc-e. Date: Grantor: S~mt ute of Grantors shall be notarized. The appropriate acknoMedgementsshall be attached. I certify on behalf of the City Council of thc City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City o1' Encinitas consents to the making of thc foregoing (kant of Open Space~Iabitat Prese~ation Easement and consents to recordaOon thereof by its duly au~orized ol'llccr. Date: f~._ [c(_ ~,~ By: :: "' ' ' Alm~ D. Archibald Director of Engineehi) g Services City of Encinitas Cd/13t./8929 h.,sesmt. 10 1 2963 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] ] ss. COUNTY OF SAN DIEGO ] On December 13, 1999, before me, Elizabeth Moslcy , Notary Public, personally appeared Co, Jack Becket personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by bis 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. ~,~IZA~TH MOSLE¥, Notary ?blic [~ ELIZAB~TH~,©SLSY ~ . ~ "'~_~ CO,,M. M. #1171119 ~: ~ ~"~3 ~TA~ ¢ PUSLIO,~AUFORNIA ~ ~ ~:~ ~ SAN O EGO CO~N?Y ~ M ~/ MyCe~ml~lon Exp[~ ~ TIIIS ~A FOR OFFICIAL NOTARIAL SEA[. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT TITLE Grant of Open Space/Habitat Preservation Easement - Pacific Crest Tract 89-291 TITLE OR TYPE OF DOCUMENT 5 [~] PARTNERS ATtORNEY-IN-FACT TRUSTEE(S) G UAR_DIAN/CONSERVATOR OTHER: LLMITED GENERAL NUMBER OF PAGES December 13, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON OR ENTITY) Barrafl American Incorporated, a Delaware Corporation 2970 EXHIBIT "A" An easement over, upon, across, and andcr the lands hereinafter described on Exhibit "B" attached hereto aiqd as shown on Exhibit "C" attached hereto, hereinafter rel~erred to as the subject land, to wit: (1) Grantor conveys a perpetual casement for open space over, upon. across mad under the subject land. No building, structure or other thing whatsoever shall bc constructed, erected, placed or maintained on thc subject Imxt except as is permitted by Major Usc Permit No. 89-291 and the associated cerlified Final Environmental Impact Report issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of thc Planning Commission on April 29, 1993, and as amended by Major Use Permit Modification Nu. 98-085, issued by Resolution of thc Plmming Commission on October 6, 1998, or as said permit may be hereinalter amended or modi lied pursuant to tl~e Municipal Code of thc City of Encinitas. (2) Grantor conveys thc perpetual right, but not thc obligation to enter upon tile subject lmad and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject lmad contrary to any term, covenant or condition of this easemant 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 tile suhiect land contrary to any term, covenm~t or condition of this easement. (3) Grantor covenants and agrees for itself and its successors and assigns as follows: (A) That it shall not erect, construct, place or maintain, ur permit tile erectiun, 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 Ma:ior Use Permit No. 89-291 and the associated certified Final Enviromnental Impact Report issued pursuant to the Municipal Code of the City of Encinitas, as said permit was issued by Resolution of the Plauning Commission on April 29, 1993, and as mnended by Major Use Permit Modification No. 98-085, isstted by Resolution of thc Plmming Commission on October 6, 1998, or as said permit may be hereinafter amended or modificd pursuant to the Municipal Code of tl~e City of Encinitas. All ~mcessary utility lines may be erected on the subject land upon review and approval of thc City of Encinitas in conformance with the Final Environmental hnpact Report. That, except for those portions attthorizcd by Major Use Permit No. 89-291 and Mqjor Use Permit Modification No. 98-085 Ibr revegetation, it shall not use thc 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 ~br fire protection purposes by written order of the Encinitas Fire Protection Department. (c) That it shall not excavate or grade or pernfit any excavating or grading to be done or, place or allow to be placed any stand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of the City o1' Eucinitas 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. 8%291, and thc associated certified Cd/I)L/89291 oscsmt. 10 2 2971 Final Environmental hnpact Report issued pursum~t Lo the Municipal Code o1" the City of Encinitas, as said permit was issued by Resolution ol~ the Planning Commission on April 29, 1993, and as amended by Major Use Permit Modification No. 98-085, issued by Resolutio~ o/' the Planning Conunission on October 6, 1998, or as said pemfit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinilas, All necessary utility lines may be erected on the subject land upon review and approval of the City of Encinitas in conformm~ce with the Final Enviromnental Impact Report. That the terms, covenants and couditions set forth herein may be specifically ent~orced or enjoined by proceedings in thc Superior Court oi' the State of Call Ibrnia. It is agreed that the grant of this easement and its acceptance by the City o1' 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 subject lm~d may be put. Cd/DL/89291os=sml,I 0 3 BARRf1001 Leucadia IIighlands Pacilic Crest EXHIBIT "B" Open Space Easement Parcel 'A' of Certillcate of Com plia nee, Pile No. 1999-0791516, O.R. All that po~'ion el' Parcel 'A' of that certail~ Ce~Xiticatc of Compliance in the City of Encinitas, County of San Diego, State of Calitbrnia, as filed in the office of the County Recorder of said Coanty December 3 1999 as File No. 1999- 0791516 more particularly described as fbllows: Commencing at the soathwcstcrly corner of said Parcel 'A'; theuee along the westerly ]/ne of said Parccl 'A', North 12°08'10" West, 112.00 ti_.ct; thence North 12~25'43'' West, 0.08 feet lo the Point of B¢~[inning; thence continui~g along said westerly linc, Norlh 12025'43" West, 84.49 feet; thence leavh~g said westerly linc, along thc southwesterly boundary ot' that certain portion of Lot 10 granted to the City of Enci~itas as an t)pen space easement as show~ on Map No. 135/18, Sout/~ 65°53'24" East, 186.47 feet to a point oa the easterly line of said Parcel 'A~; thence along said easterly line, South 29°46'52" West, 42.24 feet; thence leaving said easterly line, North 38°59'58" Wcst, 11.12 feet; thence North 63°18'05'' Wcst 28.49 feet; the~ce Nmlh 89°15'55" West, 22.00 feet; thence North 78°00'23'' West, 46.27 feet; thence Son~h 88°05, 111" West, 31.20 ]'~et; Ihcnce North 81°43'45" West, 0.14 feet to thc Point of Beginaiag. Containing all erect o1'7 981 square feet plus or minns. See prat attached ~erct marked ExI b t 'C.' a~d by this rcl'crence thet'e~ro made a part hereof~ - ~ 19~9-0791516, / PORN[ EX/Sr. OPEN SPACE ES/W'F. ?0 FHE QFY OF ENCINI?AS PER MAP NO. 15548 BEGINNING/,,-"'" / N 12~5¥$" W DAVID EVANS AND ASSOCIATES, INC. 7~76 HAZM~ C~qT~ D~ ~UITE ~0 SAN D~, ~ ~ (819) ~ KMAAO00! Cx~ 12/09/99 OPEN SPACE EASEMENT PARCEL 'A' of CERTIFICATE OF COMPLIANCE, DOC, NO, 1999-0791516 16dld7 ?xp P~\I~ARROOOI\ACADX, LEGAL\Lot lOblo,dw~ ¢OklPUANCE 0791516, iV 12~5~" W / EXISF. OPEN SPACE ESM'F, TO FHE QFY OF ENQNITAS PER MAP NO. 1~548 .... BEl~A ~A ~UNA / COURT KMAAO00! ~'xr, i;=/n9/99 16t11,17 ,~xr~ DAVID EVANS AND ASSOCIATES, INC. OPEN SPACE EASEMENT PARCEL 'A' of CERTIFICATE O.[.,C..O.V~LI^NCe. DOC. NO. 1999-07915~$ P~\~ARROOOI\ACA])\LEGAL\Lo'~IObIo,dw9