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Open Space Easement 2019-0036867 DOC# 2019-0036867 111111111111IIIIIiliII IIII IIIIII III II II IIIII IIIII IIlh IIIIIIIII IIII • 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 tOQ �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' ♦ ♦ ♦♦♦ • liz s0.,��o I♦ `'xom. ♦ • N\ ♦♦♦� mX ® �; ♦ �♦ • isX 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 4 524, su t i. . • •i� ♦ ♦ i •••i•�4 ' • in 4)411thalka„ ., a.. 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 \ \\ e♦r 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')