Open Space Easement 2019-0036867 DOC# 2019-0036867
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RECORDING REQUEST BY: ) Jan 31, 2019 03:30 PM
OFFICIAL RECORDS
CITY OF POWAY ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
WHEN RECORDED MAIL TO: ) FEES: $0.00 (S82 Atkins: $0.00)
) PCOR: N/A
PAGES: 9
CITY CLERK ) •
CITY OF POWAY )
PO BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorder's Use)
Assessor Parcel No. 277-020-270
Project: MDRA 17-032
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due— Pursuant to R & T Code 11922
Peter V. Marlow and Cherese A. Marlow, 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 over, upon and across that certain real property in that portion of:
(See attached legal description on Exhibit A which is made a part hereof)
(See attached plat on Exhibit B, which is made a part hereof))
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, except for purposes
of installing and maintaining septic fields approved by the San Diego County Department of
Environmental Health, and subject to revegetation and maintenance of native habitat to the
satisfaction of the Director of Development Services.
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.
ati
DATED this /7 day of lice m � , 2018
Owners: Peter . .rlow ani -rese A. Marlow
By: /. .
Peter V. Marlow, Owner
By: / • ./11-t
erese A. ' arlol7Ov‘ner
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
By: ObAs
Alan Fenstermacher, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
yerx*ra=erceirreziceresroescrr..-carzYs&urtosler,-ero,ern,.eress trrrrrrrzcerre vier. v.rorez. rrrr.;rrrre
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 San Diego )
On I '(Probe/ Ik 1 2011 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared PE- T J - Ma,r Li-n0 C.A_Oi
Name(s) of Signer(s)
Chet r4se A • NAar u j
who proved to me on the basis of satisfactory evidence to be the persons)-whose name(a) isRaj
subscribed to the within instrument and acknowledged to me that he/she/ he executed the same in
his/her/tear authorized capacity(lse), and that by his/herRthe signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
YVONNEMANNION WITNESS my hand and official seal.
Notary Public-California
sSan Diego County _
Commission i 2201766
^-� myCamm.bpires!tin 13,2021 Signature _ 1� I/0AAR ru�ti: •'J
/vim` 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 Document
Title or Type of Docu ent: S -�Ce t&z,raptlt
Document Date: 17101 f 1i Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General 0 Partner — ❑ Limited ❑General
❑ Individual 0 Attorney in Fact 0 Individual ❑Attorney in Fact
O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
❑Other: 0 Other:
Signer Is Representing: _ Signer Is Representing:
R)L'CSCRx r.ve- is 1�irK'L:c4.ZLz2Lati:c3Su�sZ'{acw:eSLc -coca. r .e. s ei e. -
C2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
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: lei Deaam ber aoty (date of grant document) from Peter V. Marlow and Cherese A.
Marlow (Grantor) to the City of Poway, (Grantee), 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.
CITY OF POWAY
q
Dated: f/rr/ I By: A alitt:4 d
R•bert J. Manis MIF
Director of Development Servic-
"EXHIBIT A"
PARCEL "A":
OPEN SPACE EASEMENT WITHIN THAT PORTION OF LAND IN THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 11688, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988 AS FILE NO. 88-
329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT DEED
RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471. SAID OPEN SPACE
EASEMENT DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF THAT PORTION OF LAND IN THE NORTH
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO.
11688, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988
AS FILE NO. 88-329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT
DEED RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471; THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL OF LAND SOUTH 87°54'31"WEST, 6.75 FEET; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 02°05'29" EAST, 55.19 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0°16'53" EAST, 88.21 FEET; THENCE NORTH 83°08'28°WEST, 4.09
FEET; THENCE NORTH 69°28'26"WEST, 2.87 FEET; THENCE NORTH 56°17'37"WEST, 10,55 FEET;
THENCE NORTH 53°55'23"WEST, 4.57 FEET; THENCE NORTH 74°30'14"WEST, 4.72 FEET;
THENCE NORTH 59°07'30"WEST, 5.19 FEET; THENCE NORTH 61°44'42"WEST, 8.85 FEET;
THENCE NORTH 62°51'11" WEST, 10.36 FEET; THENCE NORTH 69°57'45"WEST, 8.78 FEET;
THENCE NORTH 74°52'05"WEST, 10.01 FEET; THENCE NORTH 15°59'03°WEST, 31.16 FEET;
THENCE NORTH 04°42'58" EAST, 12.53 FEET; THENCE NORTH 20°18'42" EAST, 16.25 FEET;
THENCE NORTH 87°57'04" EAST, 1.17 FEET; THENCE NORTH 86°15'28" EAST, 17.14 FEET;
THENCE NORTH 83°31'07" EAST, 12.16 FEET; THENCE NORTH 85°31'38" EAST, 10.91 FEET;
THENCE SOUTH 86°39'15" EAST, 23.43 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.112 ACRES MORE OR LESS
PARCEL "B":
OPEN SPACE EASEMENT WITHIN THAT PORTION OF LAND IN THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 11688, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988 AS FILE NO. 88-
329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT DEED
RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471. SAID OPEN SPACE
EASEMENT DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF AFOREMENTIONED PARCEL OF LAND;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 87°54'31"WEST, 153.82 FEET
TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE SOUTH 74°59'30"WEST, 213.46 FEET
TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE LEAVING SAID NORTHERLY LINE
SOUTH 01°14'49" EAST, 153.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
01°05'58" EAST, 5599 FEET; THENCE NORTH 84°50'07"WEST, 12.58 FEET; THENCE NORTH
85°29'26"WEST, 20.52 FEET; THENCE NORTH 82°25'31"WEST, 12.28 FEET; THENCE NORTH
75°44'57"WEST, 13.67 FEET; THENCE NORTH 83°13'11"WEST, 20.01 FEET; THENCE NORTH
05°49'42" EAST, 26.10 FEET; THENCE NORTH 24°33'10" EAST, 9.11 FEET; THENCE NORTH
46°59'23" EAST, 24.24 FEET; THENCE NORTH 53°27'31" EAST, 35.97 FEET TO THE BEGINNING OF
A NON-TANGENT 32.27 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY HAVING A RADIAL
BEARING OF NORTH 30°30'28" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 30°34'42" A DISTANCE OF 17.22 FEET TO THE BEGINNING OF A NON-
TANGENT 22.83 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY HAVING A RADIAL BEARING
OF SOUTH 73°13'21"WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 48°22'05"A DISTANCE OF 19.27 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.105 ACRES MORE OR LESS
KANE
IAHDSGPrepared b . D. pJake D. Logan, PLS 9042OOnN
.9042
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�9-COP C A�\FOP��
EXHIBIT "B" PAGE2OF3
WATER LINE EASEMENT GRANTED EASEMENT GRANTED TO
CITY OF POWAY PER DEED PACIFIC BELL PER DEED
RECORDED JUNE 19, 2001 AS RECORDED FEBRUARY 21, 1991
DOC. NO. 2001-0410333 AS DOC. NO. 1991-0077330 i
5 87'S4'31_W 6_75
' —
-- --- - (N 87'5431" E 153.82) I
---...KT ———
pI
to I
ROAD AND UTILITY EASEMENT o I r
PER DEED RECORDED JUNE 25, d N I
1982 AS DOC. NO. 82-196219 cn 1
Co 1 a
I 1
rn 1 I
-- - - 1 f
I
I
N 85'31'38' E 10.911- 1 I
N 83'31'07" E 12.16'N. TPOB
N 87'57'04" E 1.17' —
"Wei ison--74r
ticita
86'15'28 "h" E .+��♦ + +♦,'
,� +l 17.14' ♦+❖♦♦♦ I ♦ L�
i �♦ 2•0 8'42' E 16.25' +♦♦♦ .. "' ♦f'
RCO
CO
i 341m4 N 04'42'58" E 12.53' ♦ ♦ ♦♦♦
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N g ♦�Z♦ 3%3NX
20 10 0 20 40 •• ► • 3:1O
a EPA, ♦ 0>g�♦+♦ti0 +♦
SCALE IN FEET ►� z`z
SCALE: 1" = 20' � � ♦+14j
RANCHO COASTAL, ,
ENGINEERING & SURVEYING 5355'23' W 4.57'
SINGLE SOURCE DEVELOPMENT CONSULTANT N 5617'37' W 10.55'
310 S. TWIN OAKS VALLEY RD., #107-297
SAN MARCOS, CA. 92078 N 6928'26" W 2.87'
(760) 510-3152 Ph / (760) 510-3153 Fox N 83'08'28" W 4.09'
EXHIBIT "B" PAGE3OF3
R= 22.83'
A= 48'22'05"
L= 19.27' TPOB
`� S 01'05'58" E 55.99'
R= 32.27' 1're• •Baa��••♦ ,�•� -I
30'34'42" i` r.•:.��♦��'_._.•.�.••,•�.,•.�,•�•�•,
L= 17.22' t •,�•�♦,��; .,a,.,.,.,.•• ♦♦
4
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LINE TABLE 16
LINE BEARING LENGTH
L1 N 84'50'07" W 12.58'
L2 N 85'29'26" W 20.52'
L3 N 82'25'31" W 12.28'
L4 N 75'44'57" W 13.67'
L5 N 83'13'11" W 20.01'
L6 N 05'49'42" E 26.10'
L7 N 24'33'10" E 9.11'
L8 N 46'59'23" E 24.24' Z
RANCHO COASTAL
ENGINEERING & SURVEYING 20 10 0 20 40
SINGLE SOURCE DEVELOPMENT CONSULTANT
310 S. TWIN OAKS VALLEY RD., /107-297 SCALE IN FEET
SAN MARCOS, CA. 92078 SCALE: 1" = 20'
(760) 510-3152 Ph / (760) 510-3153 Fax
EXHIBIT "B" PAGE 1OF3
(5 0017'47" E 410.01')
EASEMENT GRANTED TO PACIFIC BELL
PER DEED RECORDED FEBRUARY 21,
1991 AS DOC. NO. 1991-0077330 W V
°°
VI 2i
n _
oz. J
WATER UNE EASEMENT GRANTED z �
CITY OF POWAY PER DEED i Q o
RECORDED JUNE 19, 2001 AS
DOC. NO. 2001-0410333 \ J o
Iii- rir".
USE3N WROAD AND UTILITY EASEMENT QPER DEED RECORDED JUNE 25, 0_ a F-1982 AS DOC. NO. 82-196219 wm occ J o
�^ U r
til x W
Q
,cc
c7
D_ a m
S 0114'49" E \�TPOB w
JAKE D. LOGAN, PLS 9042 �\ ' 153.10' 04gco
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l � - Co - zDIS `Y . in
DATE ``. \ VI
cmc \ w
\ `°
cri
ASSESSOR'S PARCEL NO. v`coa \\
277-020-27 \P \\
LEGEND 2t \
\ \
( ) - INFORMATION PER GRANT DEED RECORDED \ `
OCTOBER 10, 2014 AS DOC. NO. 2014-0440471 \ `
AND RECORD OF SURVEY 11688. \ `
\ `
3M \ \
- INDICATES GENERAL OPEN SPACE \
EASEMENT AREA DESCRIBED IN EXHIBIT "A" o `\ \
CONTAINS 0.217 ACRES MORE OR LESS dA � \
\
A.100 50 0 100 200 0 VpND So '4 �f'> \\
��� �``4 D. COQ f'GF -y .c \
SCALE IN FEET c4' �P 92 0 •-1:4,1„ ` `
SCALE: 1" = 10e0'CT T J '6' `
RANCHO COASTAL L L `� L.S. 9042 / �d�is) \\\
ENGINEERING & SURVEYING 9TF of cap-- / 2 \` \\
SINGLE SOURCE DEVELOPMENT CONSULTANT 4.
310 S. TWIN OAKS VALLEY RD., #107-297 0 41Z
SAN MARCOS, CA. 92078
(760) 510-3152 Ph / (760) 510-3153 Fax (N 3013'01" E 43.99')