2001-7134 G City O �TGINEERING SER VICES DEPARTMENT
Projects
C Improvement Pro
Encinitas p p j
District Support Services
Field Operations
Sand Replenishment /Stormwater Compliance
Subdivision Engineering
Traffic Engineering
April 22, 2002
Attn: Southwest Community Bank
5810 El Camino Real
Suite D
Carlsbad, California 92008
RE: Gregory Brown
3128 Dusty Trail
Encinitas, California 92024
Grading Permit 7134 -G
Final release of security
Permit 7134 -GI authorized earthwork, storm drainage, site retaining wall, and erosion
control, all as necessary to build the described project. Therefore, a full release of the
security deposited is merited.
Letter of Credit No. 380, in the amount of $21,060.00, is hereby released in its
entirety. The document original is enclosed.
Should you have any questions or concerns, please contact Debra Geishart at (760) 633-
2779 or in writing, attention this Department.
Sincerely,
Masih Maher 4eslie Suelter
Senior Civil Engineer Financial Services Manager
Field Operations Financial Services
CC: Leslie Suelter, Financial Manager
Gregory Brown
File
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DOC 2002 - 0441160
Recording Requested By: ) MilY 23, 2002 4:29 PM
City of Encinitas ) OFFICIAL RECORDS
1 7P ) 9M DIE60 MWY RFCM' S OFFICE
When Recorded Mail To: ) GREGMY J. SMITH, CM lEMM
� City Clerk FEES: 15.OU
City of Encinitas ) OC : NA
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
FOR T BENEFIT OF THE CITY) SPACE ABOVE FOR RECORDER'S USE
GRANT OF BIOLOGICAL RAg ;TAT OPEN SPACE PRESERVATION EASEMENT.
THIS COVENANT DO(' MENT REPLACES COVENANT DOCUMENT 92001 -0748546
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DJEGO
COUNTY ON OCTOBER 16; 2001.
Assessor's Parcel No.: Project Nos.: OJA31 EN
264 - 222 -04 W.O. No.: - 7 134 -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 California, hereinafter called GRANTEE,
with terms, covenants and conditions as follows:
An 3.0 -acre biological habitat preservation open space 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. At the time of development of
the developable portion of said lot, a delineation fence shall be installed to clearly separate the
development from the open space corridor.
(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 construe
to an to' erected placed or
maintained on the subject land contrary �Y y � covenant or condition of this easement and
o do any work necessary to eliminate the effects of any excavation or grading or placement of
Cd/mrh1g:cov:01031 ENRepincemenLcov
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, nor shall grading, landscaping or brush
removal be perforated, 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.
(B) 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 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 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.
(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 casement 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
the subject land may be put. solely to restrict the use to which
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 .
preservation open space easement required by the adopted Mitigated Negative Declaration for
this project shall be implemented during the planning and construction of the ved ro'ect.
The following mitigation measures were required: 1.) Dedication and recordation of an open
space easement over 3.0 acres of the westerly portion of Parcel No. 1 for protection of coastal
Cd/ni h/g:cov. 2
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 clearing of unoccupied 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: 3.) At the time of development of a single - family dwelling on the developable portion of
said lot, a delineation fence shall be installed to clearly separate the development from the open
space corridor and identify the boundary of the easement.
This easement shall bind the owner and its successors and assigns.
Date: ! 1 J Q Z Grantor:
Date: 3 �r
Grantor: `^
Date: .� ^ / j --D Granter: 2
Date: _ 3 - 2. Graxlt C
Date. Gran:
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.
Date. 1!� ZZI By:
UPatrick Murphy
Community Development Director
City of Encinitas
Cd/mrh/g:cov_ol031 ENRepleccmenta)v 3
STATE OF CALIFORNIA
COUNTY OF San Diego
On March 11, 2001
before me, Darlene F. Tighe., ....
a Notary Public in and for said State, personally appeared Foster K. Brown, Betty J. Brown and Gregory Brown
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare
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 the instrument,
WITNESS my hand and official seal.
L
''
D RLENE F. TORE
Comm. 1 1263362
MorurPUn�cnceaw,� U)
Signature..--- — 1 caun�E�; =j ..
This area for official notarial seal
ESCROW NO.: TITLE ORDER NO.:
STATE OF CALIFORNIA
COUNTY OF 4 05 V
On W
before me,
a Note Public in and for said Stat qtly appeared
Iv4�
Rawl Rally Itnew[I to (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 slgnature(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.
SUZETTE LAU
•.,� Comm. # 1178139
'' � � NOT+ftY CAt�pFVNA �►
am cc-Go CORKY
i:onm Ebii Apr. 27, Signature Oft V
This area for official notarial seal
ESCROW NO.. TITLE ORDER NO.:
STATE OF CALIFO NIA
COUNTY OF
On
before me,
a Notary Public in and for said State, personally appeared
WEV
personally known to me (or proved to mo on the basis of satisfactory evidence) to be the persons)
whose natne(s) is /are subscribed to the within instrument and acknowledged to me that he /she/thay
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 the
instrument.
WITNESS my hand and official seal.
` K. fAlER80N
� C� •tf�71855
� � CALIFMMM =
rYL�w �M Ate. 71.2ppt
Signature
(This area for official notarial seal)
ESCROW NO, 0154280 -SL
TITLE ORDER NO. 145683.07
EXHIBIT A
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 ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE 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, 291.38 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, 22.07 FEET; THENCE SOUTH 04'33'56" WEST 233.16 FEET; THENCE
SOUTH 19'24'22' EAST 140:00 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 1; THENCE
SOUTH 86'56'46" WEST, ALONG SAID BOUNDARY, 246.00 FEET TO THE POING OF BEGINNING.
CONTAINING 131,308 SQUARE FEET, 3.014 ACRES.
� LAND
c,
L.S. 5871
11 EXPI 0
CAI.
'IL
GA Y H/MA L. 58 1
FILE NAME: BRWN- LGL.DWG
PLOT DATE: 03- -31 -01
w R
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NOTES k.AND
10 PROPOSED PRIVATE ROAD EASEMENT PER P.M. 14459. H•
BEARINGS do DISTANCES PER PM 14459 J L.S. 5871
OR CALCULATED THEREFROM. ' EXPIRES \�
�►
12/31/04
AREA DESCRIBED IN EXHIBIT A. CA
N87 "E 291.38'
Y H MAQLL. L. 5871
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246.00' ~•- •- 256.04'
S86'56'46 "W 502.04'
P.O.B.
FILE NAME: BRwN— LGL.DWG - DU STY TRAIL
PLOT DATE: 03- 31-•01