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2000-345028RECO.rcDED REQUEST OF First American Title SUBDIVISION M&PPING ~>EPT. Recording Requested By: City of Encinitas When Relcorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF q'HE CITY ) BOO 2000-0345028 Jun 29, 2000 4:46 PM I}tlgltt E[l]ffi8 ~ l)I£~ _m__.~ll~ EIIII~iR'8 01~I~ · ~lt: 0.00 II IIIIlllllllllllllllllllllllllllllllllll 2000-0345028 SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor's Parcel No.: ProjectNos.: 89-291 TM/DR/EIA; 98-085 MUP/DR/CDP -~S6--~A~t 4r -~ W.O. No.: 4595G c~l~,~%,~l;n~qTy.m/t~-/{~ Cheung, hereinafter called GRANTOR, does hereby grant, convey and dedicate an open space, easement to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, with terms, covenants and conditions as follows: See Exhibit "A" which is attached hereto and made a part hereof. Date: Date: This easement shall bind the owner and its successors and assigns. Qj~ ~, c:~/r-tr~ Grantor: ~~~ Y~ ~ Grantor: 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 conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Grant of Open Space/Habitat Preservation Easement and consents to recordation thereof by its duly authorized officer. Date: ~' - ~' 7'/ ''' ~) C) By: ~Ai~~D ~~ - Archibald Director of Engineering Services City of Encinitas Cd/DL/89291osesmt. 16 1 12368 State of California County of San Diego On June 8, 2000 before me, Kelly Fralish, Notary Public, personally appeared Ellen N.Y. Cheung, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. #1169350 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Commission Expires Kell~ Frali~ Nc~ary 15ubl½c Optional Information Capacity claimed by signer(s) ]~i~ Individual(s) [] Corporate Officer(s) [] Parmer(s) [] Attomey in Fact [] Trustee(s) [] Guardian/Conservator [] Other: Signer is representing: (Name of person(s) or entity(les)) Attention Notary: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document: Grant of Easement Number of Pages 7 Date of Document 06/08/2000 Signer(s) Other than Named above 12369 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, hereinafter referred 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 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 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 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: (A) 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 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 Environmental Impact Report. (B) 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 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/89291osesmt. 16 2 12370 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 Environmental 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 California. It is agreed that the grant of this easement and its acceptance by the City of Encinitas shall not authorize the 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 land may be put. Cd/DL/89291osesmt. 16 3 12371 BARRO001 Leucadia Highlands Pacific Crest EXHIBIT "B" Open Space Easement Lot 16, Map No. 13548 A.P.N. 216-540-16 All that portion of Lot 16 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 comer of said Lot 16; thence along the northwesterly line of said Lot 16, North 40008' 17" East, 119.54 feet to the Point of Beginning; thence continuing along said northwesterly line, North 40o08, 17" East, 45.52 feet; thence leaving said northwesterly line, along the southwesterly boundary of that certain portion of said Lot 16 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, South 86013'02" East, 48.67 feet; thence continuing along said southwesterly boundary, South 27o45, 14" East, 81.72 feet to a point on the southeasterly line of said Lot 16; thence along said southeasterly line, South 48°32'31" West, 61.04 feet; thence leaving said southeasterly line, North 36°20'52" West, 12.91 feet; thence North 36o56'42" West, 6.10 feet; thence North 37°34'16" West, 1.28 feet; thence North 36°04'04'' West, 13.30 feet; thence North 35o58'52" West, 1.43 feet; thence North 37°20'31'' West, 10.15 feet; thence North 39o04'33" East, 10.06 feet; thence North 38°29'18" East, 1.32 feet; thence North 39o57'42" East, 13.87 feet; thence North 36032'42" West, 12.68 feet; thence North 31o58'36" West, 11.39 feet; thence North 82o17'40" West, 13.95 feet; thence North 82°12'31" West, 1.39 feet; thence North 83o28'20" West, 30.77 feet to the Point of Beginning. Containing an area of 6,206 square feet plus or minus. See plat attached hereto marked Exhibit 'C' and by this reference thereto made a part hereof. P:\BARR0001 \docs\legals\lot 16bio.doc POINT OF-- BE¢INNING N 8~8'20' W $0.77' LOT 16 ~ I$.87' N $9~04'JJ" E lO. 15' N $5'58'52' _LOT 16 PO/N? OF C Ok/WEN CEMEN1- MAP EXISF. OPEN SPACE ESM'T. TO I'HE Ol'Y OF ENCIN/TAS PER MAP NO. 1,3548 8G75'02' ' .G7 82't2'jl' w \"~/ 1.39 N 82'17'40" I ~ 9.5 ' '~, ,1 L 39 ' ..7~',Y2'42" 12.68' N $8~978" £ £,.,z2' :'04' W · N J7'J4'16" W 1.28' N JG,*~'42' W G. lO' N ~6~0'52" W 12.91' LOT -17 ~, / SCALE 1": 40' DAVID EVANS AND ASSOCIATES, INC. 7676 ~ ~ ~ 8~ 880 m~s Dmso, c~. maoe (ms) LOT 16 OPEN SPACE EASEMENT TM 89-291; MAP NO. 1354.8 Lot name: BIO-ESMT16 North: 1976102.0078 East: 6246722.9314 Line Course: N 40-08-17 E Length: 45.52 North: 1976136.8075 East: 6246752.2750 Line Course: S 86-13-02 E Length: 48.67 North: 1976133.5966 East: 6246800.8390 Line Course: S 27-45-14 E Length: 81.72 North: 1976061.2780 East: 6246838.8939 Line Course: S 48-32-31 W Length: 61.04 North: 1976020.8651 East: 6246793.1481 Line Course: N 36-20-52 W Length: 12.91 North: 1976031.2633 East: 6246785.4965 Line Course: N 36-56-42 W Length: 6.10 North: 1976036.1385 East: 6246781.8301 Line Course: N 37-34-16 W Length: 1.28 North: 1976037.1530 East: 6246781 0497 Line Course: N 36-04-04 W Length: 13.30 North: 1976047.9037 East: 6246773 2194 Line Course: N 35-58-52 W Length: 1.43 North: 1976049.0608 East: 6246772 3792 Line Course: N 37-20-31 W Length: 10.15 North: 1976057.1304 East: 6246766 2225 Line Course: N 39-04-33 E Length: 10.06 North: 1976064.9401 East: 6246772 5638 Line Course: N 38-29-18 E Length: 1.32 North: 1976065.9733 East: 6246773 3854 Line Course: N 39-57-42 E Length: 13.87 North: 1976076.6043 East: 6246782.2937 Line Course: N 36-32-42 W Length: 12.68 North: 1976086.7913 East: 6246774.7434 Line Course: N 31-58-36 W Length: 11.39 North: 1976096.4530 East: 6246768.7115 Line Course: N 82-17-40 W Length: 13.95 North: 1976098.3235 East: 6246754.8875 Line Course: N 82-12-31 W Length: 1.39 North: 1976098.5119 East: 6246753.5103 Line Course: N 83-28-20 W Length: 30.77 North: 1976102.0100 East: 6246722.93 Perimeter: 377.56 Area: 6,206 sq.ft. 0.14 acres Error Closure: 0.0087 Error North: 0.00219 Precision 1: 43,623.10 12374 -~ L16.txt Course: N 75-21-42 E East: 0.00837 Page 2