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