1999-815744City of Encinitas
1999-08157 4
Dsc 16, 1999 11:O2 A~'I
IhrFIClOL
8qN I)IEGI] b'XIINIY REOOR~R'80FFI~
C_~EGORY J. SMITH, P. OU~P/~ECORI~R
0.00
When Recorded Mail To: )
)
City Clerk )
City of Encinitas )
FOR THE BENEFIT OF TITE CITY ) ~¢¢.0e~74a
Assessor's Pm'cci No.: Prqicct Nos.: 89-291 TM/DR/EIA 98-085 MUP/DR/CDP
256-540-11 W.O. No.: 4595G
Barratt American Incorporated, A Delaware Corporation, hereinafter called GRANI'OR,
does hereby grant, convey and dedicate an open space casement to the CITY OF ENCINITAS,
Stare o t' C ali l i>m i a, hereinafter called GRANTEE, wi th term s, covenants and co~adi ti(>la s as Ibllows:
See Exhibit "A' which is attached hereto and made a part hereof.
This casement shall bind the owner and its successors and assim~s. __ ~
Date: Grantor:
Signature o~' Grantors shall be notarized.
Thc appropriate acknowledgements shall be attached.
I certify on bebal F oF the City Council of the City of Encinitas, pursum~t to authority conferred by
Resohition of said Council adopted on November 9, 1994 that thc City of Encinitas con~nts to the
me&lng of the fbregohag Grant of Open Space/Habitat Preservation Easement and consents to
rccordationthereofby its duly attthorizcd officer.
Alan D. Archibald
Director of Engineering Services
City oC Encinitas
Cd/DL/89~91oscsmk I I I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORIA l
l ss.
COUNTY OF SAN DIEGO ]
OnDecember 13, 1999, be£oreme, ElizabethMo$1ey ,Notary Public, personally
appeared qL Jack Becker 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 anthorizcd capacity, and that by his signature on the instrument the person or the
entity upon behalf ol'which the person acted, executed the instrument.
WITNESS my hand and official seal.
COMM, #1171119
NQT,~RY PUBLIC-CALIFORNIA
8AN ~IEGO COUNTY
My C~mmi~ien Expires
JANUARY 25, 2(:,02
THIS AREA FOR ()FFICIAI. NOTARIAL SEAl.,
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 ATI'ACHED DOCtJMENT
INDTVIDUAL
CORPORATE OFFICER
VICE PRESIDENT
TITLE
Grant of Open Space/I Iabitar Preservation
Easement - Pacific Crest
Tract 89-291
TITLE OR TYPE OF DOCUMENT
5
[~PARTNERS
ATTORNEY-JN-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)
Ban'att American lnco~poratcd, a Delaware Corporation
2976
EXHIBIT "A"
An casement ovcr, ripen, across, aud under the lands hereinafter described on Exhibit "B'
attached hereto and as shown tm Exhibit "C" attached hereto, hereinafter referred to as thc
subject land, to wit:
(I) (irantor conveys a pcrpctnal casement for open space over, upon, across and under the
st,bject ]and. No building, structure or other thing whatsoever shall be constructed, erected,
placed or maintained on thc subject land except as is permitted by Major Use Permit No. 89-291
and the associated certified Final Enviromnental Impact Report issued pursuant to the Municipal
Code o1' the City el' Encinitas, as said pemfit was issued by Resolution el' the Planniug
Cotmnission on April 29, 1993, and as an~ended 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
hereinaf'ter amended or modilied pursuant to the Municipal Code el'the City o1' Encinitas.
(2) Grantor conveys the perpetual right, but not the obligation to enter upon the subject land
and remove any buildiugs, structures or other things whatsoever coustructcd, erected, placed or
maintained on the subject lm~d contrary to any term, covenant or cundition el this easement and
to do any work necessary to eliminate thc effects of any cxcavatiou or grading or placemant 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 covenmlts and agrees [br itsell'mld its successors and assigns as l'ollows:
That it shall not erect, construct, place or maimain, or pernlit the erection,
construction, placcmcut, or maintanancc of any buildiug or structure or other
thing whatsoever on the subject land other than such buildings, structures or other
things as is pemiitted by M~ior Use Permit No. 89-291 and the associated
certified Final Environmental Impact Report issued pursuant to the Municipal
Code o{' the City of Encinitas, as said permit was issued by Resolntion el' the
Plamiing Commission on April 29, 1993, and as anlandcd by M~}or Use Perniit
Modification No. 98-085, issned by Resolution of the Plm~ning Commission on
October 6, 1998, or as said permit may be hereinafter amended or modified
pursuant to the Municipal Code o~' the City ot' Encinitas. All necessary utility
lines may bc erected on thc suhiect land upon review and approval of thc City of
Encinitas in conlbnnance with thc Final Environmental Impact Report.
That, except lbr 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
pernfitted 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 thc subject land without the written permission of thc City of
Encinitas or its successors or assigns; provided, however, that grm~tor may
excavate, grade or place sand, soil, rock or gravel or other material on thc subject
lm~d as is peta~itted by Major Use Pen'nit No. 89-291, and the associated certified
Cd/DL/It9291 oscsmt. 11 2
2977
Final Environmental Impact Report issued pursuant to thc Municipal Code of the
City o1' Encinitas, as said pcm]it was issued by Resulution ol' the Planning
Commission on April 29, 1993, mid as amended by Major Use Pem~it
Modification No. 98-085, issued by Resolution of thc Planning Commission on
October 6, 1998, or as said permit may be hereina[ier amended tlr modified
pursuant to the Municipal Code of the City of Encinitas. All necessary utility
lines may be erected on thc sut~icct land upon review and approval ol~ thc City of
Encinitas in conl'ormance with the Final Environmental Impact Report.
(JO)
That tbe temps, covenants and conditim~s set Ibrth hereiu may be specifically
cnlk)rccd or er~ioined by proceedings in the Superior Court of thc State of
Cali ['omia.
It is agreed that the grant of this casement and its acceptance by thc City of Encinitas shall not
authorize the public or any members thereol~ to use or enter upon all or any portion of the subject
land, it being understood that thc purpose of this easement is solely to restrict thc usc to which
the subject land may be put.
Cd/DL/89291 oscsmt 11 3
2978
BARRO0O I
beucadia Ilighhmds
Pacific Crest.
EXHIBIT "B"
Open ```;pace Easement
Parcel 'B' of Certificate of
Compliance, File No. 1999-0791-616, O.R.
All that portioa of Parcel 'B' of that ccrtain Certificate of Compliance in thc City of Eacinitas, County of San Diego,
St:utc o1' California, as filed in the office of tile Couuw Recorder of said County December 3 1999 as File No. 1999-
079 ] 5 ] 6, more pari;icularly described as follows:
Cotnmeneing at the most southerly corner of said Parcel 'B'; 01ence along the northwesterly boundary of said Parcel
'L.I', Nollh 56° 18'0 I" East, 58.35 feet to the Polnt of Beginning; thence continuing along said northwesterly bonndary,
North 33°03'53" East, 19.38 feet; thence North 27°51'04" West, 29.83 ibet; 1hence North 17°33'03" East, 51.35 feet;
thence North 29°46'52'' East, 42.24 feet; thence leaving said westerly liue, along the southwestcrly boundary of that
certain portion of Lot I ] granted to the City of E~minitas as an opeu space easement as shown on Map No. 13.548,
South 22°31'29" East, 44.83 feet; thcacc contiauing along said southwesterly boundary, South 30°$7'52" Wcst, 51.16
feet: thence South 03°58'/16'' East, 27.54 Coot; thence South 50°03'42' East, 66.86 feet to a point on the soulhcasterly
line of said Parcel 'B'; thence along said southeasterly line, South 29°24'02" West, 57.20 feet; thence leaving said
southeasterly liae, North 42°54'33" West, 9.15 feet: thence North 20°41 '02" West, 22.50 feet; thence Nod. h 35~09'02'
West, 60.58 feet to the Point of Beginning.
Containing all area o f 6, 180 square feet plus or minus.
,'-;cc plat attached hereto markcd Exhibit 'C' and by this reference thereto made a part hereot;
MAP
2979
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SCALE 1"= 40'
KMAAO001
DAVID EVANS
AND ASSOCIATES, INC.
7~76 ~ C~ D~ 8UIT~ 880
OPEN SPACE EASEMENT
PARCEL 'B' of CERTIFICATE
OF COMPLIANCE, DOC. NO. 1999-0791516
1~/09/99 17p45,10 Fxr P,\BARROOOl\ACAD\LEGAL\Lo%ltblo.d~9
2979
N 27~f'04' HI
OF
CO~MENCEMEN ?
27 ~4 '
POINF OF
BEGINNING
PARCEL
LOT -ri
LOT 19.
SCALE 1"= 40'
~ DAVID EVANS
~ AND A~$0CIATES, INC.
KMAAO00!
OPEN SPACE EASEMENT
PARCEL'B' of CERTIFICATE
OF CO~PUANCE, DOC, N0.1999-0791516
12/09/99 17,45,10 Cx~ P,\BARROOOI\ACAD\LEGAL\Lotllblo,dw9