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Open Space Easement 2018-0326954RECORDING 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# 2018-0326954 1111111 VIII VIII VIII IIII 111111 IIIII!IIII Iilll 11111 VIII VIII IIII IIII Aug 09, 2018 12:42 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $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 D day of 2018, 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 above written. Grego?y 9. Filhart, Owner nh G. FKart, Owner Approved as to Form Office of the City Attorney Alan Fenstermacher, City Attorney 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 ofSanDiego ) On �a-Lo2O. aZ.o t $ before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorijgwhose namEosj is/Erg subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/&ek authorized capacit les and that b his/her the signature,(�on the instrument the perso -(s or the en lty upon behalf of whic he persous acted, executed the instrument. YVONNE MANNION Notary Public - fali(ornia San Diego County € Commission a 2201766 My Comm. Expires Jun 18, 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 ;0^) 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 Doc�{ment Title or Type of Document: V. Document Date: J u.1wa oiJ 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 ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #15907 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property located in the City of Poway conveyed by the Biological Conservation Easement Deed dated MAJ,201 9 from Gregory D. Filhart and Kimanh G. Filhart to the City of Poway, a politi al 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: 0"l F/ 3 CITY OF POWAY By (� Rbrt J. Mani Director of Development Services 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 88°29'52" 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 CONTINUING SOUTH 88029'52" WEST 231.59 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF PARCEL 2, SOUTH 00°05'49" EAST 155.52 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 07040'12" EAST 85.44 FEET; THENCE SOUTH 02'56'15" EAST 32.36 FEET; THENCE SOUTH 00017'30" WEST 104.20 FEET; THENCE NORTH 77°58'42" EAST 115.67 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, TO WHICH A RADIAL BEARS SOUTH 39030'21" WEST; THENCE NORTHWESTERLY 44.50 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°29'39'; THENCE NORTH 25°00'00"W 45.83 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET; THENCE NORTHERLY 150.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86026'35"; THENCE NON -TANGENT TO SAID CURVE, NORTH 10000'00" WEST 39.22 FEET; THENCE NORTH 12000'00" EAST 46.91 FEET; THENCE SOUTH 72000'00" EAST 64.95 FEET; THENCE NORTH 28°09'44" EAST 77.64 FEET; THENCE NORTH 22000'00" EAST 20.79 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, SAID INTERSECTION BEING THE POINT OF BEGINNING. CONTAINS 0.970 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 65°00'00" WEST 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 K i� L. EXHIBIT 'B' OPEN SPACE EASEMENT APN 277-020-14 P.O.C. PARCELS A S. N88°29'52"E 359.52' L1 L4 1c J C� PARCEL B 0 PARCEL 2 PM 9452 OPEN SPACE EASEMENT PARCEL 'A' 0.970 ACRES PARCEL 'B' 0.068 ACRES ti— N88°59137"E 359.46'1 — — PARCEL 3 PM 9452 OPEN SPACE EASEMENT - IN PARCEL 2 OF PARCEL MAP No. 9452 Tel DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 flepage@cox.net OPEN SPACE EASEMENT DATA BEARING LENGTH L1 S88°29'52"W 60.02' L2 S00005'49"E 40.01' L3 S88029'52"W 67.91' L4 S88029'52"W 231.59' L5 S07°40'12"E 85.44' L6 S02°56'15"E 32.36' L7 S00017'30"W 104.20' L8 N77°58'42"E 115.67' L9 N25°00'00"W 45.83' LID N10°00'00"W 39.22' Lll N12900'00"E 46.91' L12 S72°00'00"E 64.95' L13 N28°09'44"E 77.64' L14 N22000'00"E 20.79' L15 S00005'49"E 19.39' L16 S65°00'00"W 49.67' L17 S25°00'00"E 67.05' L18 N00005'49"W 100.27' RADIAL BEARING R1 S39030'21"W R5 N70900'00"W R2 S65"00'00"W R6 S65000'00"W R3 S65600'00"W R7 N11024'59"E R4 N28°33'24"W R8 N21007'24"E oRADIUS DELTA LENGTH Cl 100.00' 25029'39" 44.50' C2 100.00' 86026'35" 150.87' C3 18.00' 45000'00" 14.14' O C4 100.00' 09°42'25" 16.94' EXISTING EASEMENTS OA PROPOSED PRIVATE ROAD EASEMENT PER PM 9452 QB PROPOSED ROAD 6 UTILITY EASEMENT PER PM 9452 © EX. I.O.D. FOR PUBLIC HIGHWAY EASEMENT PER FP 79-510766 REC. 12/5/79 QD EX. SDG&E ESMT FP 80-041260 REC. 2/5/80 QE EX. ROAD & PUBLIC UTILITY ESMT FP 200674 REC. 8/19/72 BASIS OF BEARINGS: IS THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP No. 9452 i.e. N88029'52"E 9 r NO. 7524 / DATE: 07/18/18 SCALE: 1"=100' BY: FRL SHEET I OF I