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Open Space Easement 2017-0057428RECORDING REQUESTED BY CITY OF POWAY WHEN RECORDED MAIL TO - CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 DOC# 2017-0057428 IIIIQIQIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII�IIIIIIIIIII IIIIIII�IIII Feb 03, 2017 09:36 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: NIA PAGES:6 (This space for Recorder's Use Only) This document affects Recorded Document No. 2016-0425681 Re -Record Open Space Easement NO DOCUMENTARY TRANSFER TAX DUE This document is being re-recorded to correct an error in Document No. 2016-0425681 recorded August 18, 2016, of official records. Document No. 2016-0425681 was recorded without a signed Certificate of Acceptance from the City Clerk. It has now been signed. I, Nancy Neufeld, City Clerk, declare under penalty of perjury under the laws of the State of California that I am familiar with the facts stated in the foregoing Document No 2016-0425681 executed for and on its behalf, and that I have read the foregoing Notice of Completion and know the contents thereof to be true and correct. Date. January 30, 2017 Nancy We field; CMC, City Clerk V, RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 Assessor Parcel No.323-010-15 DOC# 2016-0425681 1111111 IIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIII Iillllllllllllllll Aug 18, 2016 10:36 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $0.00 POOR: NIA PAGES.5 (This space for Recorder's Use) OPEN SPACE EASEMENT No Documentary Transfer Tax Due- Pursuant to R & T Code 11922 Takeshi Hosokawa and Charlotte Hosokawa, PROPERTY OWNERS, 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 cultural resources over, upon and across certain real property described in Exhibits A and B (attached hereto) 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. General public access shall be restricted and permanent fencing, to be approved by the City, shall be installed around the easement area 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 °�� day of Ay U5 2016 I p-Oq Takeshi Hosokawa, Owner �jxju'� arlotte Hosokb'wa, Owner Approved as to Form Office of the City Attorney g?d CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed through the Open Space Easement by Takeshi Hosokawa and Charlotte Hosokawa, dated �d 9, .zoi(o , to the City of Poway, Grantee, a governmental agency (under Government Code Section 27281), is hereby 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 By, Title: Nancy Neufeld, CMC, City Clerk Authorized Representative Date: '>-ep EXHIBIT "A" Open Space Easement Over a Portion of Lot 1 (Northwest Quarter of Northwest Quarter) of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11, 1879, further described as follows. Beginning at the Southwest Corner of said Portion, being the Point of Beginning, Thence northerly along the west property line of said Portion North 16°33'04" East a distance of 100 00 feet; Thence leaving said west property line South 73126'56" East a distance of 100 00 feet; Thence North 16033'04" East a distance of 38 62 feet; Thence North 15015'08" West a distance of 18.18 feet; Thence North 72°59'31" East a distance of 40 00 feet; Thence South 15015'08" West a distance of 44 00 feet; Thence North 74044'52" East a distance of 80 00 feet to a point on the east property line of said Portion, Thence southerly along said east property line of said Portion South 15015'08" East a distance of 123 00 feet; West a distance of 290 00 feet to the Point of Beginning. (Said Portion contains 0 603 acres) Lawrence E. Cole L.L.S 5097 expires 6/30/17 No. 5097 Exp 05/30/17 4 IF OF LEGM OPEN SPACE EASEMENT SHOWN THUS EASEMENT AREA = 26276.420 SF (0.603 ACRES) ,,AND I No. 5097 I \ Exp 08/30/17 / OF EXHIBIT 'B' OPEN SPACE EASEMENT FOR LANDMARK ENGDdEERING CORPORATTON HOSOKAWA RESIDENCE 3443 CAMDdO DEL RIO SOUTH SUITE 204 APN: 323-010-15-00 SAN DIEGO, CA 92108 (619) 280-0420 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tMhfulness, accuracy, or validity of that document. State of California ) County o1 1 A \ 1 r On N,2o uS q. a 01 6 before me,nTc�v.w_{JV 10` � Date Here insert Name and Title f the Officer personally appeared of Signers) 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(es), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KEVIN SCOTT M11.1 - Commission M 2079053 iam Nptary Puotk • Calilprnia iSan Diego County Comm. Expires A 22, 2019+ Place Notary Seal Above 1 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 -1 1 1� __<q &4 Signature of Notary Public 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 Docume Document Date. Signer(s) Other Than Named bove Capacity(ies) Claimed Oy Signer(s))� Signer's Name: T �S� �knSb auJa ❑ Corporate Officer — Title(s): ❑ Partner — fl Limited ❑ General r,-jindividual ❑ Attorney in Fact �❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer ther Signer Is Representing Number of Pages: Signer's Name: c y\n,, `( \�,O,SI; Kd(Jci ❑ Corporate Officer — Title(s): ❑partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: 02015 National Notary Association • www.NationaiNotary.org • 1 -60D -US NOTARY (1-800-676-6627) Item 115907