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1999-7924191999-0792419 Recording Requested By: City of Encinitas When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ) ) 5730 DBc 03, 1999 2:55 RH ) 1990-0702419 ! ) ) OFFICIAL RECOR])8 8t~N ])EGO CO[INlY RECOR~ER'S OFFII]E GREGORY J. SMITH, CIlJNIY ECl]RI)ER FEES: 0.00 SPACE ABOVE FOR RECORDER'S USE GRANT OF OPEN SPACE/HABITAT PRESERVATION EASEMENT Assessor' s Parcel No.: 256-540-07 ProjectNos.: 89-291 TM/DR/EIA;98-085 MUP/DR/CDP W.O. No.: 4595G Concentric Ltd., A Michigan Corporation, 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. This easement shall bind the owner and its successors and assigns. ,. ~NC~NTRIC LTD. ~/V. MOH, NE¥ Date: //C~-~/~-2 / ~ 57 Grant°r: ~MOH ! ?f"'~/g Signature of Grantors shall be notarized ~CX?a)D~ eft/5. ~- 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: [ 2'-'2' - O/q By: Alan D. Archibald Director of Engineering Services City of Encinitas Cd/DL/89291osesmt.7 I .... -5731 CALIFORNIA ALL-PURPO~E ACKNOWLEDGMENT State of County of ,/ On 3Z' C.- beforeme, ,~/')~/~/a$~") /~. ,'L///Z~;7/ ~/g;~/~/,¢'~//--~ , Name and Title of Officer (e.g., "Jane Doe, Nota~"y~Public'') Date personally appeared ~?/'.~ ~/'/")7~'~¢Z~' , Name(s) of Signer(s) ~'personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL ve~ relying on document and could pre Though the information below is not required by law, it may prove valuable to persons the fraudulent removal and reattachment of this form to another document. ~ Description of Attached Document Title or Type of Document: Document Date: Numb~of Pages: Signer(s) Other Than Named Above: ./~ Capacity(les) Claimed by Signer(s) Signer's Name: I S~r's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is ,g: Top of thumb here [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Nota~ Association · 8236 Remmet Ave., P.O· Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOS"~ ACKNOWLEDGMENT 5732 State of County of ~/~ On personally appeared before me, ~,,~JoA~/IO~ J"'/'/~ C /~/~/Z~/~ /~D~//~L, Name and Title of Officer (e.g., "Jane Doe, Notary Public") ame(s) of Signer(s) [~ersonally known to OR [] to the basis of satisfactory evidence to be the person(s) me proved me on whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature o{ Notary Public OPTIONAL //' Though the information below is not required by law, it may prove valuable to persons relying on the document and could pre~,~,~r fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: __ __ N.,~of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) S~iglne~'~dNuaa~ e: /~s Name. [] individual : [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited ,~ General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is ~g: Top of thumb here [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 5733 EXHIBIT "A" An easement over, upon, across, and under the lands hereinafter described on Exhibit 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, erecte& 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.7 2 5734 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. 7 3 5735 BARR0001 Leucadia Highlands Pacific Crest EXHIBIT "B" Open Space Easement Lot 7, Map No. 13548 A.P.N. 216-540-07 All that portion of Lot 7 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 southeasterly comer of said Lot 7; thence along the southeasterly line of said Lot 7, South 55003'29'' West, 123.60 feet to the Point of Beginning; thence continuing along said southeasterly line, South 55003'29" West, 34.66 feet; thence leaving said southeasterly line, along the northeasterly boundary of that certain portion of said Lot 7 granted to the City of Encinitas as an open space easement as shown on said Map No. 13548, North 75044'43'' West, 31.56 feet; thence continuing along said northeasterly boundary, North 31 °31 '02" West, 45.19 feet; thence North 13°01 '59" West, 79.31 feet to a point on the northerly line of said Lot 7; thence along said northerly line, North 76°43'54" East, 58.20 feet; thence leaving said northerly line, South 56005'32" East, 0.80 feet; thence South 05° 19'18" West, 30.37 feet; thence South 01°41'46" East, 29.36 feet; thence South 22°21'32" East, 20.76 feet; thence South 39°11'32" East, 28.51 feet; thence South 52047'35" East, 9.38 feet; thence North 55003'29" East, 0.58 feet; thence South 47019'07" East, 15.36 feet to the Point of Beginning. Containing an area of 6,562 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\lot7bio.doc 573~ LO-[' ~ MAP \/ s E_X_/.S.,F_. OPEN SPACEj ~ ~- \ ~ I ... -- ~ ACCESS EASEMENT E_S._&f,~ T. _TO_,~_..E, .... ~ ~ . _ ~ ~, / ~ RESERVED FOR HOA C/Ir U/' tNClPI//Ab ~_\~ S 52'47.Z~/'E~~ / / PER MAP NO 13548 EX/S[ 15' ~DE SE~R ES~'~ TO ~EUC~D~ COUNFr SC~L~ 1"= ~0'  EXHIBIT "C" DASD EVANS ~D ASSOCIATES, INC. ~ t0T 7 s~ ~, cl ~oe (els) ~eo-~ ~ ~ 89-291; MAP N0. 13548 KMAX0001 ~xm 11/30/99 15,45,E5 ,5736 / / / LOY B MA? 0~80' // ~ ~ J O. ..T 7 ' $1.56' SCALE 1"= 40' DAVID EVANS AND ASSOCIATES, INC. 7676 ~ C~'I~R DI~T~ ~UIT~ 88O ~ DI~]O, CA. 9'~.0~ (819) 2~O--~t~O KMAAO001 EXISt. 15' WIDE SEWER ESM'7;. TO LEUCADIA COUNTY WA TER DISTRICT PER MAP NO. 1,7548 LOT 7 OPEN SPACE EASEMENT TM 89-291; MAP NO. 13548 ~xr 11/30/99 15,45,25 ~xr P,\BARROOOI\ACAD\LEGAL\Lo~7blo,dw9 LOT 7 POINT OF ~ ~ / 29.J6' . ~5 OPEN SP~CE~ ~ ~ ~ ~ ~ ~ -- ~ ACCESS CITY ~ ENCINITAS .~ S 52'47~ E~~ - / PER MAP NO 135~ Lot7.txt 5737 Lot name: BIO-ESMT7 North: 1976219.7301 East: 6245992.2867 Line Course: N 76-43-54 E Length: 58.20 North: 1976233 0877 East: 6246048 9331 Line Course: S 56-05-32 E Length: 0.80 North: 1976232 6414 East: 6246049 5970 Line Course: S 05-19-18 W Length: 30.37 North: 1976202 4023 Line Course: S 01-41-46 E North: 1976173 0552 Line Course: S 22-21-32 E North: 1976153 8559 Line Course: S 39-11-32 E North: 1976131 7598 Lmne Course: S 52-47-35 E North: 1976126.0877 Line Course: N 55-03-29 E North: 1976126 4199 Line Course: S 47-19-07 E North: 1976116 0071 East: 6246046 7803 Length: 29.36 East: 6246047 6493 Length: 20.76 East: 6246055 5465 Length: 28.51 'East: 6246073 5627 Length: 9.38 East: 6246081.0335 Length: 0.58 East: 6246081.5089 Length: 15.36 East: 6246092.8006 Line Course: S 55-03-29 W Length: 34.66 North: 1976096 1557 East: 6246064.3886 Line Course: N 75-44-43 W Length: 31.56 North: 1976103 9268 East: 6246033.8003 Line Course: N 31-31-02 W Length: 45.19 North: 1976142 4505 East: 6246010.1771 Line Course: N 13-01-59 W Length: 79.31 North: 1976219 7175 East: 6245992.2916 Perimeter: 384.05 Area: 6,562 sq.ft. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0135 Course: S 21-28-23 E Error North: -0.01258 East: 0.00495 Precision 1: 28,418.73 Page 1