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Open Space Easement 2017-0524391RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 Assessor Parcel Number: 277-020-14 Project Number: MDRA 17-008 DOC# 2017-0524391 111111 VIII VIII VIII IIII 111111 VIII VIII IIIiI 11111 11111 11111 till 1111 Nov 09, 2017 10:40 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 THIS GRANT OF EASEMENT is entered into this 7 day of n6094-49 i,� , 2017, by Gregory D. and Kimanh G. Filhart (hereinafter referral to as "Grantor"). The City of Poway is hereinafter referred to as "Grantee". GRANTOR, does hereby grant, convey and dedicate to the CITY OF POWAY, a political subdivision of the STATE OF CALIFORNIA, an OPEN SPACE EASEMENT to maintain an area for protection of sensitive plant species, wildlife species and their natural habitats over, upon and across that certain real 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 for fire fuel management purposes as required and approved by the City of 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. IN WITNESS THEREOF THE grantor hereby has executed this Easement the day and year first herein abov wr ten. Gregory D. Filhart, Owner Kimalnh G. Fi Approved as to Form Office of the City Attorney "Z� , � Morg Foe ,City ttorney CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property located in the City of Poway conveyed by the Open Space Easement Deed dated Aoutmbea -A Dot -1 from Gregory D. Filhart and Kimanh G. Filhart to the City of Poway, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017. Dated: H% bh CITY OF POWAY Director of Developme EXHIBIT `A' OPEN SPACE EASEMENT APN 277-020-14 THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP No. 9452, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 6, 1979 AS FILE No. 79-512686 IN BOOK OF PARCEL MAPS AT PAGE 9452, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP No. 9452; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2. SOUTH 88029'52" WEST (NORTH 88°29'52" EAST PER PM 9452) 60.02 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING 60 FOOT WIDE ROAD AND UTILITY EASEMENT PER SAID PARCEL MAP No. 9452 AND AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO ON DECEMBER 5, 1979 AS FILE/PAGE No. 79-510766 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID 60 FOOT WIDE EASEMENT AND SAID IRREVOCABLE OFFER OF DEDICATION, SOUTH 00°05'49" EAST 40.01 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PRIVATE ROAD EASEMENT PER SAID PARCEL MAP No. 9452, SAID SOUTHERLY LINE LYING 40.00 FEET, SOUTHERLY OF AND PARALLEL WITH, THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE, SOUTH 88029'52" WEST 67.91 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, SOUTH 22000'00 WEST 20.79 FEET; SOUTH 28009'44" WEST 77.64 FEET; THENCE NORTH 72°00'00" EAST 64.95 FEET; THENCE SOUTH 12°00'00" WEST 46.91 FEET; THENCE SOUTH 10°00'00" EAST 39.22 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY AND EASTERLY, HAVING A RADIUS OF 100.00 FEET, TO WHICH A RADIAL BEARS NORTH 28°33'24" WEST; THENCE SOUTHERLY 150.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86026'36"; THENCE SOUTH 25°00'00" EAST 45.83 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, 14AVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY 62.26 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35040'11" TO AN INTERSECTION WITH A NON - TANGENT LINE; THENCE ALONG SAID NON -TANGENT LINE, SOUTH 77°58'42" WEST 143.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF PARCEL 2, NORTH 00005'49" WEST 392.44 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE ABOVE SAID PRIVATE ROAD EASEMENT PER PARCEL MAP No. 9452, SAID SOUTHERLY LINE LYING 40.00 FEET, SOUTHERLY OF AND PARALLEL WITH, THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE, NORTH 88°29'52" EAST 231.59 FEET TO THE POINT OF BEGINNING. CONTAINS 1.060 ACRES, MORE OR LESS PARCEL B COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP No. 9452; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2. SOUTH 88029'52" WEST (NORTH 88°29'52" EAST PER PM 9452) 60.02 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING 60 FOOT WIDE ROAD AND UTILITY EASEMENT PER SAID PARCEL MAP No. 9452 AND AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO ON DECEMBER 5, 1979 AS FILE/PAGE No. 79-510766 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID 60 FOOT WIDE EASEMENT AND SAID IRREVOCABLE OFFER OF DEDICATION, SOUTH 00°05'49" EAST 40.01 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PRIVATE ROAD EASEMENT PER SAID PARCEL MAP No. 9452, SAID SOUTHERLY LINE LYING 40.00 FEET, SOUTHERLY OF AND PARALLEL WITH, THE NORTHERLY LINE OF SAID PARCEL 2; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00°05'49" EAST 19.39 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, SOUTH 65000'00" EAST 49.67 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 18.00 FEET, TO WHICH A RADIAL BEARS NORTH 70°00'00" WEST; THENCE SOUTHERLY 14.14 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45000'00'; THENCE SOUTH 25°00'00" EAST 67.05 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET, TO WHICH A RADIAL BEARS NORTH 11°24'59" EAST; THENCE EASTERLY 16.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09042'25" TO AN INTERSECTION WITH THE ABOVE SAID WESTERLY LINE OF THE 60 FOOT WIDE EASEMENT AND IRREVOCABLE OFFER OF DEDICATION; THENCE NORTH 00005'49" WEST 100.27 FEET TO THE POINT OF BEGINNING; CONTAINS 0.068 ACRES, MORE OR LESS THE BASIS OF BEARINGS IS THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP No. 9452. i.e. NORTH 88°29'52" EAST PREPARED BY: Frederick R. LePage, PLS 7524 EXHIBIT 'B' OPEN SPACE EASEMENT APN 277-020-14 DLSM z 0 0 0 N a f m � N D n n m r P.O.C. PARCEL 4 PM 12471 PARCELS A & B N88029152"E 359.52' L1_ Op OD o — L11 PARCEL aro C6 X10 EL A L3 J t PRS 9 L12 C3 u-, m v P mw � • U a o¢ n a PARCEL B --�/,_ PARCEL 2 PM 9452 BASIS OF BEARINGS: IS THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP No. 9452 i.e. N88029'52"E N88°59'37"E 359.46' " ---j---------------- PARCEL 3 PM 9452 OPEN SPACE EASEMENT - IN PARCEL 2 OF PARCEL MAP No. 9452 ei DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS CT. RAMONA, CA 92065 PH 760 525-1975 flepoge@coxlnet OPEN SPACE EASEMENT ®PARCEL 'A' 1.060 ACRES PARCEL 'B' 0.068 ACRES OPEN SPACE EASEMENT DATA BEARING LENGTH L1 S88029'52"W 60.02' L2 S00005'49"E 40.01' 1-3 S88029'52"W 67.91' 1-4 S22°00'00"W 20.79' L5 S28009'44"W 77.64' L6 N72°00'00"W 64.95' L7 S12000'00"W 46.91' L8 S10000'00"E 39.22' L9 S25°00'00"E 45.83' L10 S77°58'42"W 143.03' L11 N88°29'52"E 231.59' L12 S00005'49"E 19.39' L13 S65°00'00"W 49.67' L14 S25°00'00"E 67.05' L15 N00005'49"W 100.27' RADIAL BEARING R1 N28933'24"W R2 S65°00'00"W R3 S65°00'00"W R4 S29°19'49"W R5 N70°00'00"W R6 S65°00'00"W R7 N11°24'59"E R8 N21007'24"E RADIUS DELTA LENGTH Cl 100.00' 86°26'36" 150.87' C2 100.00' 35040'11" 62.26' C3 18.00' 45000'00" 14.14' C4 100.00' 09"42'25" 16.94' EXISTING EASEMENTS OA PROPOSED PRIVATE ROAD EASEMENT PER PM 9452 © PROPOSED ROAD & UTILITY EASEMENT PER PM 9452 © EX. I.O.D. FOR PUBLIC HIGHWAY EASEMENT PER FP 79-510766 REC. 12/5/79 OO EX. SDG&E ESMT FP 80-041260 REC. 2/5/80 O EX. ROAD & PUBLIC UTILITY ESMT FP 200674 REC. 8/19/72 DATE: 10/25/17 SCALE:1" = 100' BY: FRL SHEET IOF I 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 truthfulness, accuracy, or validity of that document. State of California County of 117'0 ) On nakffi b(2 7 r uij before me, \'I Donne 1 lnute.ro Pulb)?( Date (( Here Insert Name and Title of the Officer personally appeared i— 60(t1 hn(t am kimaAh G-, filhoy( 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/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a YVONNE MANNION� Notary Public - California San Diego County Commission t 2201766 ` My Comm. Expires Jun 1& 2021 + 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 W IOLAP- Signature of Notary Public 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 Title or Type of Document: Document Date: No 6_6 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 7 Others Signer Is Representing: L'r '^/G'+�G.•�G'yG'vG'dGl`� ••✓G�✓GVGVGVG'•✓. d1�i-✓.✓tiG'✓i�✓Gv✓Gv✓G'✓:v.'vK✓G<✓G'.vGL(G'•�r ✓G'vG\'`�•G<dG('v:^i<�%<'✓5PIT Q � V • • . • • • • . • • fir• � i�� • •�