Open Space Easement 2016-0632525RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
y P O BOX 789
1/ POWAY CA 920740789
I Assessor Parcel No.321- 271 -06
DOC# 2016- 0632525
Nov 18, 2018 11:08 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
(This space for Recorder's Use)
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due - Pursuant to R & T Code 11922
PAGES.7
William Bourgeois, PROPERTY OWNER, hereinafter called GRANTOR, does hereby
grant, convey and dedicate to the CITY OF POWAY, a political subdivison of the STATE OF
CALIFORNIA, hereinafter called GRANTEE, an OPEN SPACE EASEMENT to maintain an
area for protection of sensitive plant species, wildlife species and their natural habitats
(consisting of of 1.59 acres of Coastal Sage Scrub and 1.92 acres of Distubed Coastal Sage
Scrub) over, upon and across that certain real property in that 3.5 acre portion of property
described in Exhibit A and described in Exhibit B.
A) GRANTOR also grants the right to GRANTEE 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 the purpose of the easement.
B) GRANTOR convenants and agrees for himself and his successors and assigns not to
construct any structure or another thing on the subject land.
C) GRANTOR covenants and agrees for himself and his assigns that he shall not
excavate, clear, or place sand, soil, rock, gravel, or other material whatsoever on the subject
land. No cultivation, grazing, clearing, or removal of vegetation shall be permitted (with the
exception of brush clearing as required and approved by the Poway Development Services
Department.
D) The granting of this easement is for the purpose of controlling the use of the land
within the Open Space Easement and does not authorize or imply that subject land may be
used by the general public.
E) GRANTEE shall release and vacate this easement if legislation and regulations are
revised to deem the easement not necessary or not legally required or if compensating off
site land is made available to replace this easement.
DATED this C, 3 day of e nAC3- 2016
Bourgeois, Owner
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed through the Open Space Easement
by, dated 3, .2.0 /[- to the City of Poway, Grantee, a governmental agency
(under Government Code Section on 27hereby accepted by the undersigned officer on behalf of
the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on
January 20, 1981.
GRANTEE: City of Poway
Title: Nancy Neufeld, CIVIC, City Clerk
Authorized Representative
EXHIBIT 'A'
APN 321- 271-06
ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 14 SOUTH RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8; THENCE
ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF, NORTH 88 °43'57" WEST 1014.84
FEET TO AN INTERSECTION WITH THE NORTHWESTERLY SIDELINE OF A 40.00 FOOT
WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES (KNOWN AS MILLARDS ROAD)
RECORDED JUNE 16, 1977 AS FILE/PAGE 77- 237120 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHWESTERLY SIDELINE, NORTH 42 °51'48" EAST 31.71 FEET TO
THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWEST SIDELINE, NORTH
60 °31'21" WEST 459.21 FEET; THENCE NORTH 05°31'21" WEST 173.11 FEET TO THE
BEGINNING OF A NON - TANGENT CURVE, HAVING A RADIUS OF 58.00 FEET,
CONCAVE SOUTHERLY, A RADIAL BEARS SOUTH 23 °43'30" EAST; THENCE
EASTERLY 46.97 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 46 023'43" TO A NON - TANGENT LINE; THENCE NORTH 43 °43'39" EAST 10.79
FEET; THENCE NORTH 76 °43'39" EAST 49.45 FEET; THENCE SOUTH 17 °16'21" EAST
42.76 FEET; THENCE SOUTH 15°31'21" EAST 56.09 FEET; THENCE SOUTH 13 °31'21"
EAST 76.44 FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 65.00 FEET,
CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY 88.01 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 77 034'29" TO THE BEGINNING
OF A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
NORTHERLY, A RADIAL BEARS SOUTH 42 °22'56" WEST; THENCE EASTERLY 120.40
FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68059'10"
TO THE BEGINNING OF A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET,
CONCAVE NORTHERLY, A RADIAL BEARS SOUTH 18146'13" WEST; THENCE
EASTERLY 74.78 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 42 050'52" TO THE BEGINNING OF A NON - TANGENT CURVE, HAVING A
RADIUS OF 100.00 FEET, CONCAVE NORTHERLY, A RADIAL BEARS SOUTH 05 °50'26"
EAST; THENCE NORTHEASTERLY 64.32 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 36 °51'00" TO A NON - TANGENT LINE; THENCE
SOUTH 21°28'55" EAST 4121 FEET; THENCE SOUTH 68 °31'05" WEST 65.47 FEET;
THENCE SOUTH 21 007'54" EAST 24.02 FEET; THENCE SOUTH 57 °58'39" WEST 83.20
FEET; THENCE SOUTH 32 °01'21" EAST 10.00 FEET; THENCE NORTH 57 °58'39" EAST
76.94 FEET; THENCE NORTH 68 °31'05" EAST 52.41 FEET; THENCE SOUTH 06 °59'14"
EAST 25.77 FEET; THENCE NORTH 67 °44'25" EAST 70.29 FEET; THENCE NORTH
05 058'26" WEST 17.81 FEET, THENCE NORTH 55 °36'05" EAST 43.09 FEET; THENCE
NORTH 34 023'55" WEST 23.07 FEET; THENCE NORTH 66 °42'46" EAST 55.38 FEET;
THENCE NORTH 17 028'46" WEST 29.00 FEET; THENCE NORTH 64 °44'58" EAST 21.06
FEET; THENCE NORTH 25 °15'02" WEST 10.00 FEET; THENCE SOUTH 64 °44'58" WEST
110.00 FEET; THENCE SOUTH 25 015'02" EAST 27.02 FEET; THENCE SOUTH 70 °39'06"
WEST 47.70 FEET; THENCE NORTH 21 °28'55" WEST 45.83 FEET TO THE BEGINNING OF
A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
NORTHWESTERLY, A RADIAL BEARS SOUTH 48 °58'59" EAST; THENCE
NORTHEASTERLY 41.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 23032'22"; THENCE NORTH 17 °28'39" EAST 20.50 FEET
TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
WESTERLY, THENCE NORTHERLY 101.29 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 58 002' 13" TO THE BEGINNING OF A NON - TANGENT
CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE WESTERLY, A RADIAL BEARS
SOUTH 66 °03'01" EAST; THENCE NORTHERLY 79.50 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 45 °33'04" TO THE BEGINNING OF A NON -
TANGENT CURVE, HAVING A RADIUS OF 115.00 FEET, CONCAVE WESTERLY, A
RADIAL BEARS SOUTH 60 °58'00" EAST; THENCE NORTHERLY 72.94 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°20'31" TO A NON -
TANGENT LINE; THENCE NORTH 80° 13'39" EAST 17.77 FEET; THENCE SOUTH
10 °31'21" EAST 190.33 FEET TO THE BEGINNING OF A NON - TANGENT CURVE,
HAVING A RADIUS OF 100.00 FEET, CONCAVE NORTHERLY, A RADIAL BEARS SOUTH
28°31'39" WEST; THENCE EASTERLY 68.16 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 39 °03'00 "; THENCE NORTH 79 °28'39" EAST 104.00
FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY 157.08 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 90 000'00'; THENCE NORTH 10 °31'21" WEST
53.62 FEET; THENCE NORTH 04 °58'39" EAST 8.60 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, HAVING A RADIUS OF 333.00 FEET, CONCAVE NORTHERLY, A
RADIAL, BEARS SOUTH 09°43'53" EAST; THENCE EASTERLY 69.98 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'02'28"; THENCE NORTH
68 013'39" EAST 90.02 FEET; THENCE NORTH 61 °43'39" EAST 56.40 FEET; THENCE
NORTH 54 013'39" EAST 19.89 FEET; THENCE NORTH 68°28'39" EAST 104.25 FEET TO
THE BEGINNING OF A CURVE, HAVING A RADIUS OF 132.00 FEET, CONCAVE
SOUTHERLY; THENCE EASTERLY 91.58 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 39 045'00" TO THE BEGINNING OF A COMPOUND
CURVE, HAVING A RADIUS OF 67.00 FEET, RADIAL BEARS NORTH 18 °13'39" EAST;
THENCE SOUTHEASTERLY 16.66 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14 015'00" TO A NON - TANGENT LINE; THENCE SOUTH 10 °56'42"
EAST 7.45 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY SIDELINE OF
THE ABOVE SAID 40.00 FOOT WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES
(KNOWN AS MILLARDS ROAD) RECORDED JUNE 16, 1977 AS FILE/PAGE 77- 237120 OF
OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY SIDELINE THE
FOLLOWING COURSES, SOUTH 79-05'14" WEST 115.63 FEET; SOUTH 52-53'10" WEST
105.90 FEET; THENCE SOUTH 45 °06'00" WEST 430.03 FEET; THENCE SOUTH 42 °51'48"
WEST 384.18 FEET TO THE POINT OF BEGINNING.
CONTAINS 3.509 ACRES, MORE OR LESS
THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 8 PER PARCEL MAP No. 9767. i.e. NORTH 88 °43'5T' WEST
PREPARED BY: ONp� 'n
Per R.
Y K.
Frederick R. LePage, PLS 7524 O
NO. 7524
EXHIBIT 'B'
APN 321 - 271 -06
DLSM
PARCEL 68136 -A FEE TITLE GRANT TO THE COUNTY OF SAN DIEGO
RECORDED APRIL 24, 1973 AS FILE /PAGE No. 73- 108328 O.R.
R.S. 1713 -3
W p`(
�•
BIOLOGICALC93;EACATION EAStna. "• R16
pARCEL'A' 3
cR2�L5 <'A
R73
�A
Q71
L,
BIOLOGICAL CONSERVATION
EASEMENT PARCEL 'B2' 1.532 Ac
S'LY LINE OF SOUTH HALF OF
NW QUARTER OF SECTION 8 /
LOT 1
MAP 10990
jll
PAR 1
ICI PM 13660
R.S. 472 `�• ��
i
u
NI
30 _34 J1C12 �� NvVary 1
w L / / 1
Qi Im cl /
/
101 L32
/ 1
2y \ 23 'Z—OPEN SPACE i
` N EASEMENT 3.509 ACRES i
I� P.O.B.
OPEN SPACE EASEMENT
N88 043'57 "W 1014.84'
BASIS OF BEARINGS P.O.C.
40.00' WIDE EASEMENT FOR SECTION 8
ROAD AND UTILITY PURPOSES CENTER 1/4 CORNEF
RESERVED IN GRANT DEED 77- 237120 O.R.
PAR 4 PM 9767
BASIS OF BEARINGS:
IS THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF
SECTION 8 PER PARCEL MAP No. 9767
i.e. N88 °43'57 "W
OPEN SPACE EASEMENT -
IN A PORTION OF THE SOUTH HALF OF
THE NW "40F SEC. 8 T 1 4 S R 1 W S B M
DIMENSIONS LAND
782 SUNNY HILLS
PH 760 525 -1975
SURVEYING &
COURT RAMONA
flepageecox
MAPPING
CA 92065
net
N0. 7524
DATE: 9/26/16
KALE: 1" = 200'
BY: FRL
;HEET 1 OF 2
EXHIBIT 'B'
APN 321 - 271 -06
DLSM
OPEN SPACE EASEMENT DATA TABLE
L1 N42 °51'48 "E 31.71'
L2 N60 °31'21 "W 459.21'
L3 N05 031'21 "W 173.11'
L4 N43 °43'39 "E 10.79'
L5 N76 °43'39 "E 49.45'
L6 S17 °16'21 "E 42.76'
L7 S15 °31'21 "E 56.09'
L8 S13 031'21 "E 76.44'
L9 521 028'55 "E 41.21'
LID S68 °31'05 "W 65.47'
L11 S21 °07'54 "E 24.02'
L12 S57 °58'39 "W 83.20'
L13 S32 °01'21 "E 10.00'
L14 N57 °58'39 "E 76.94'
L15 N68 °31'05 "E 52.41'
L16 S06 °59'14 "E 25.77'
L17 N67 °44'25 "E 70.29'
L18 N05 °58'26 "W 17.81'
L19 N55 °36'05 "E 43.09'
L20 N34 °23'55 "W 23.07'
L21 N66 °42'46 0E 55.38'
L22 N17 °28'46 "W 29.00'
L23 N64 °44'58 "E 21.06'
L24 N25 015'02 "W 10.00'
L25 S64 044'58 "W 110.00'
L26 S25 °15'02 "E 27.02'
L27 S70 °39'06 "W 47.70'
L28 N21 °28'55 "W 45.83'
L29 N17 028'39 "E 20.50'
L30 N80 °13'39 "E 17.77'
L31 S10 °31'21 "E 190.33'
L32 N79 °28'39 "E 104.00'
L33 N10 °31'21 "W 53.62'
L34 N04.58'39 "E 8.60'
L35 N68 °13'39 "E 90.02'
L36 N61 °43'39 "E 56.40'
L37 N54 °13'39 "E 19.89'
L38 N68 °28'39 "E 104.25'
L39 S10 °56'42 "E 7.45'
L40 S79 °05'14 "W 115.63'
L41 S52 °53'10 "W 105.90'
L42 S45 °06'00 "W 430.03'
L43 S42 051'48 "W 384.18'
OPEN SPACE EASEMENT DATA TABLE
C14 67.00' 14 °15'00" 16.66'
OPEN SPACE EASEMENT -
IN A PORTION OF THE SOUTH HALF OF
THE NW "40F SEC. 8 T14S R1W SBM
DIMENSIONS LAND
782 SUNNY HILLS
PH 760 525 -1975
SURVEYING B
COURT RAMONA
flepage @cox
MAPPING
CA 92065
net
R14 N68 023'54 "E
R15 S60 °58'00 "E
R16 N82 °41'29 "E
R17 S28 031'39 "W
R18 510 031'21 "E
R19 S10 031'21 "E
R20 N79 °28'39 "E
R21 S09 043'53 "E
R22 S21 °46'21 "E
R23 N21 °31'21 "W
R24 N18 013'39 "E
R25 N32 928'39 "E
I
I:u ry
NO. 7524 /.
DATE: 9/26/16
KALE: 1" = 200'
BY: FRL
'HEET 2 OF 2
RADIUS
DELTA
LENGTH
RADIAL LINE
Cl
58.00'
46 °23'43"
46.97'
R1
S23 043'30 "E
C2
65.00'
77 °34'29"
88.01'
R2
S70 °07'14 "E
C3
100.00'
68 °59'10"
120.40'
R3
S76 °28'39 "W
C4
100.00'
42 °50'52"
74.78'
R4
S01 °05'50 "E
C5
100.00'
36 °51'00"
64.32'
R5
S42 022'56 "W
C6
100.00'
23 °32'22"
41.08'
R6
S26 °36'15 "E
C7
100.00'
58 °02'13"
101.29'
R7
S18 °46'13 "W
C8
100.00'
45 °33'04"
79.50'
R8
S24 004'39 "E
C9
115.00'
36 °20'31"
72.94'
R9
S05 °50'26 "E
C10
100.00'
39 °03'00"
68.16'
R10
S42 °41'27 "E
C11
100.00'
90 000'00"
157.08'
R11
S48 °58'59 "E
C12
333.00'
12 °02'28"
69.98'
R12
N49 026'26 "E
C13
132.00'
39 °45'00"
91.58'
R13
S66 003'01 "E
C14 67.00' 14 °15'00" 16.66'
OPEN SPACE EASEMENT -
IN A PORTION OF THE SOUTH HALF OF
THE NW "40F SEC. 8 T14S R1W SBM
DIMENSIONS LAND
782 SUNNY HILLS
PH 760 525 -1975
SURVEYING B
COURT RAMONA
flepage @cox
MAPPING
CA 92065
net
R14 N68 023'54 "E
R15 S60 °58'00 "E
R16 N82 °41'29 "E
R17 S28 031'39 "W
R18 510 031'21 "E
R19 S10 031'21 "E
R20 N79 °28'39 "E
R21 S09 043'53 "E
R22 S21 °46'21 "E
R23 N21 °31'21 "W
R24 N18 013'39 "E
R25 N32 928'39 "E
I
I:u ry
NO. 7524 /.
DATE: 9/26/16
KALE: 1" = 200'
BY: FRL
'HEET 2 OF 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
Tary public or other officer completing this certificate verifies only the identity of the individual who signed the
ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On beforeme, fflWj(.1T,MA(t 0e? ulA(yA PvblrC
Date Here Insert Name and 7 Itle of the Office
personally appeared (A Lilill► j lIn OJ C A e OI 5
Name(s) of Signer(s)
who 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 the instrument.
MONICA I. MARTINEZ
Coslmission • 2115961
Notary Public - California
Son OIW County
+
Comm. IXPM An 18 2019
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature / n. //2e_vz, _
Signature of Notary Pu
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
Cl Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: