2001-7485462001-0748546
Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Clerk
'2001-0748546
City of Encinitas
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY )
OOT i6, 2ooi 2:37
)
) OFFICIAL RECORI)B
) 8AN DIEGO COUNTY [~ECORDER'S OFFICE
) 1 0 ! 0 6 J. 8,Illt, COUNTY REIII~DER
FEES: 14.00
) 0C:
)
SPACE ABOVE FOR RECORDER'S USE
GRANT OF BIOLOGICAL HABITAT OPEN SPACE PRESERVATION EASEMENT-
PM
Assessor's Parcel No.:
264-222-04
ProjectNos.: 01-031 EN
W.O. No.: 7134-G
William A. Craven, Jr., Gerald McKeown, Foster K. Brown, Betty J. Brown, and Gregory Brown,
hereinafter called GRANTORS, do hereby grant, convey and dedicate a biological habitat open
space easement to the CITY OF ENCINITAS, State of Califomia, hereinafter called GRANTEE,
with terms, covenants and conditions as follows:
An easement over, upon, across, and under the lands hereinafter described on
Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto,
hereinafter referred to as the subject land, to wit:
(1) Grantor conveys a perpetual easement for biological habitat open space over, upon,
across and under the subject land consisting of the western portion of the subject property, as
shown on the attached Exhibit B, adjacent to the western City Limit line of the City of Encinitas
not disturbed by the proposed grading. No building, structure or other thing whatsoever shall be
constructed, erected, placed or maintained on the subject land, nor shall grading, landscaping or
brush removal be performed, except as is permitted by the approved Concept Grading Plan, Case
#01-031 EN, and the adopted Mitigated Negative Declaration issued pursuant to the Municipal
Code of the City of Encinitas, as said approval was issued by Declaration of the Community
Development Director on October 5, 2001, or as said approval 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:
Cd/mrh/g:cov:0103 lenosesmt.cov 1
10107
(A)
(B)
(c)
(D)
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, nor shall grading, landscaping or brush
removal be performed, other than such buildings, structures, grading, landscaping
or other things as is permitted by the approved Concept Grading Plan, Case #01-
031 EN, and the adopted Mitigated Negative Declaration issued pursuant to the
Municipal Code of the City of Encinitas, as said approval was issued by
Declaration of the Community Development Director on October 5, 2001, or as
said approval may be hereinafter amended or modified pursuant to the Municipal
Code of the City of Encinitas.
That, except for those portions authorized by the adopted Mitigated Negative
Declaration issued pursuant to the Municipal Code of the City of Encinitas, Case
#01-031 EN, for grading and landscaping, it shall not use the subject land for any
purpose except as open space to permanently maintain the biological habitat of the
western portion of the property, and no cleating or removal of any vegetation shall
be permitted except brush clearing for fire protection purposes by written order of
the Encinitas Fire Protection Department.
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 the adopted Mitigated Negative Declaration issued
pursuant to the Municipal Code of the City of Encinitas, as said permit was issued
by Declaration of the Community Development Director on October 5, 2001, or
as said approval may be hereinafter amended or modified pursuant to the
Municipal Code of the City of Encinitas.
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.
Pursuant to the approval by the Community Development Director of the application for
environmental review for proposed grading, Case #01-031 EN, the biological habitat open space
easement required by the adopted Mitigated Negative Declaration for this project shall be
implemented during the planning and construction of the approved project. The following
mitigation measures were required: 1.) Dedication and recordation of an open space easement
over 3.20 acres of the westerly portion of Parcel No. 1 for protection of coastal sage scrub habitat
to the satisfaction of the Community Development Director; 2.) Diegan coastal sage scrub that is
occupied by the coastal California gnatcatcher shall not be removed during the breeding season
(February 15 through August 1, or until all nesting is completed). Demonstration of absence of
gnatcatchers shall require surveys pursuant to USFWS protocol, with cleating of unoccupied
Cd/mrh/g:cov:0103 lenosesmt.cov 2
10108
habitat requiring the concurrence of the wildlife agencies. Construction activities shall not take
place within 500 feet of an active gnatcatcher nest and shall not exceed 60 dB(A)Leq at the
outside perimeter of gnatcatcher habitat during the breading season.
This easement shall bind the owner and its successors and assigns.
Date:
Grantor.
Date:
Date:
Date: [0//~ O/0/e
Date:
Grantor.
Granto~~,~'n~'~ Q~~.
Signature of Grantors shall be notarized.
The appropriate acknowledgements shall be attached.
I certify on behalf of the Community Development Director of the City of Encinitas, pursuant to
authority conferred by the Mitigated Negative Declaration adopted by the Community
Development Director on October 5,2001, that the City of Encinitas consents to the making of the
foregoing Grant of Biological Habitat Open Space Easement and consents to recordation thereof by
its duly authorized officer.
Leroy Bodas
Director of Engineering Services
City of Encinitas
Cd/mrh/g:cov:01031 enosesmt.cov 3
~, a Notary Public in and for said County and State, personally
eared ~
personally know[~ ~:r-~r 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(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA,
COUNTY OF
On , before me,
, a Notary Public in and for said County and State, personally
appeared
FOR NOTARY SEAL OR STAMP
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
TE 160 Legal (2-94)
This form is furnished by Chicago Title Company
101.10
STATE OF CALIFORNIA,
COUNTY OF ~
appeared ~_/"J~l~"~l~ H l~'~.-~J~
Ce~q~'ownk~_~_~~t° 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(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which t~e person(s)
acted, execu~~nstru mont.z
, a Notary Public in and for said County and Stale, personally
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA,
COUNTY OF ~
On ~~::~'~ /0// ~'~)O/, before me,
, a Notary Public in and for said County and State, personally
appeared
per.~ (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(ies), 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 ~ument. /
TE 160 Legal (2-94)
FOR NOTARY SEAL OR STAMP
Comm. # 1178139
This form is furnished by Chicago Title Company
E XHIBIT~B
NOTES
(~) PROPOSED PRIVATE ROAD EASEMENT PER P.M, 14459.
BEARINGS &: DISTANCES PER PM 14459
or CALCULATED THEREFROM.
AREA DESCRIBED IN EXHIBIT Ao
N87'OO'12"E 291.38'
10111
?
/
SCALE: 1"=80'
· ~ /
/
/
/
P.O.B.
245.00'
FILE NAME: BRWN-LGL. DWG
PLOT DATE: 10-15-01
S03'05'14"E
S86'56'46"W 502.04'
257.04'
DUSTY TRAIL
EXHIBIT A ] 0 _[.1. 2
THAT PORTION Of PARCEL 1 OF PARCEL MAP NO. 14459 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 11, 1986 AS FILE NO. 86-399650 OF
OFFICIAL RECORDS, CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT TRE SOUTHWESTERLY CORNER or SAID PARCEL; THENCE NORTH 03'04'21" WEST,
ALONG THE WESTERLY BOUNDARY, 552.99 FEET TO THE NORTHWEST CORNER OF SAID PARCEL;
THENCE NORTH 87'00'12" EAST, ALONG THE NORTHLY BOUNDARY OF PARCEL 1, 291.58 FEET TO
THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE SOUTH 12'56'50" WEST, ALONG THE
EASTERLY BOUNDARY OF PARCEL 1, 172.74 FEET; THENCE CONTINUING SOUTH 12'56'50" WEST,
DEPARTING SAID BOUNDARY, 22.05 FEET; THENCE SOUTH 52'08'14" EAST 90.00 FEET; THENCE
SOUTH 57'51'46" WEST 120.00 FEET; THENCE SOUTH 13'18'15" WEST 60.00 FEET; THENCE SOUTH
05'03'14" EAST 55.00 FEET; THENCE SOUTH 42'00'53" EAST 55.63 FEET; THENCE SOUTH 66'29'20"
EAST 56.80 FEET; THENCE 54'01'58" WEST 54.58 FEET TO THE SOUTHERLY BOUNDARY OF SAID
PARCEL; THENCE SOUTH 86'56'4-6" WEST, ALONG SAID BOUNDARY, 245.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING 159,595 SQUARE FEET, 5.200 ACRES.
GARY H~ MAGILL, Lf.S. 5871
FILE NAME: BRWN-LGL. DWG
PLOT DATE: 10-15-01