Grant of Open Space Easement 1992-0356960
RECORDING REQUESTED BY:
DOC ~ 1992-0356960
09-JUH-1992 08=47 AM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECOROER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
FEES: 0.00
NA
)
)
)
)
)
)
)
)
)
)
)
CITY OF POWAY
1687
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
Tax Parcel No. 323-290-39
This space for Recorder's use
No Documentary Transfer Tax
No Fee
GRANT OF OPEN SPACE EASEMENT
WHEREAS,
1. Errol J. Yeager and Pauline M. Yeager, as Trustees under Agreement dated
February 3, 1982 (herein referred to as the "Grantor") warrants that we are
the owner of the FEE SIMPLE ESTATE in and to the land in the City of Poway,
State of California, described in Exhibit "A;" which estate is or may be
subject to real estate taxes, assessments, conditions and easements all as
the same may be of record, and
2. It is the desire of the Grantor and the City of Poway, a political sub-
division of the State of California (hereinafter referred to as "City"),
that a portion of said estate, described in Exhibit "B" ("The Subject
Land"), remain OPEN SPACE.
NOW THEREFORE,
1. The GRANTOR grants to the City,
A. A perpetual easement for OPEN SPACE purposes over, upon, across and
under the Subject Land, and no building, structure, interior fencing or
other thing whatsoever shall be constructed, erected, placed or main-
tained on the Subject Land except as exists.
B. The perpetual right, but not the obligation 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 any tenn, covenant or condition of this easement or to repair damage
resulting from a breach of any condition of this easement.
2. GRANTOR covenants and agrees for himself and his successors and assigns as
follows:
A. That he shall not erect, construct, place or maintain, or pennit the
erection, construction, placement or maintenance of any building or
structure or other thing whatsoever on the Subject Land.
B. That he shall not use the Subject Land for any purpose except as OPEN
SPACE purposes.
C. That he shall not excavate or grade or pennit any excavating or grading
to be done, or place or allow to be placed any sand, soil, rock, gravel
I'
,
if
't /
\
,
\'
1688
or other material whatsoever on the Subject Land. No grazing, cultiva-
tion, clearing or removal of vegetation for any purposes shall be per-
mitted (with the exception that hand brush clearing shall be required
as directed by the Poway Fire Department).
D. That the terms, covenants and conditions set forth herein may be speci-
fically enforced or enjoined by proceedings in the Superior Court of
the State of California.
The grant of this easement and its acceptance by the City of poway shall not
authorize the public or any members thereof to use or enter upon all or any
portion of the Subject Land, it being understood that the purpose of this ease-
ment is solely to restrict the uses to which the Subject Land may be put.
This easement shall bind the Grantor and his successors and assigns.
Dated thi s !J../ 5f- day of
fJ(]IAAP~;'- 111# ad~ -
(Signatures must be notarized. Notary form
attached.)
CITY CERTIFICATION OF ACCEPTANCE
This is to certify that the interest in real property convey~ by the deed or
grant dated9ot'.al.,9Q.L from N'{)/.:T. IL Ift... .
to the City of Poway, a political corporatio an or governmental agen ,i
hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January
20, 1981 and the Grantee consents to recordation thereof by its duly authorized
offi cer.
Dated
7f,~~.;ff',",-
By ~~.J~"~/f-
Marj r e hI ten
City CIerI(
1689
STATE OF CALIFORNIA)
) ss
COUNTY OF SAN DIEGO)
On this
d\
day of --.:::.s- !\N
, 19Cf~, before me, the under-
signed, a Notary Public in and for the State of California personally appear
\?j~\()tbt(tJ\Se.tL-\- .pI\U\\~ fv,...~e^'5/I\- , proved to me on the basis
of satisfactory evidence to be the person c:, whose name~ A~~ subscribed
to the within instrument, and acknowledged to me that \ he~ executed the
same.
WITNESS my hand and official seal.
(seal)
~ ~ A A A . . . . .
. OFFICIAL SEAL 1;
,!' MICHELE LEVERSON
~ e;~ . '. ' N01ARY pUBue CA"'ORMA f
~ ,~: ,,::: .'"....t, [\Ic::GO COur'! 11' l:'
'f... ~\'> My Com", t,r.H'>>;". 24 1{:9;,; l\
- ~~--~.~
~t~
Notary Public in and for said County
and State
ALL.PUR ACIlNOWUDGMINT
Stateof~0-r\: f,
County of ~A.,\) IlJI€SO
On --::Sf\1\J d\ \ q<jL before me,M ;c.1ci -e\... \2.'-J erSDl\.l NOTM'I
OATE NAME. TITLE OF OFFICER. EG. "JANE DOE, NOTARY PUBLIC'
~ersonally appeared E. ~Il 0 \ ~. -t r (:\ \l \ v-\, e.. fJ\. ~ etlSe.^-
NAMEIS) Of' SIGNER(S)
LJ personally known to me . OR - ,Kl proved to me on the basis of satisfactory evide~ .
to be the person(s) whose name(s) i~
subscribed to the within instrum nt and ac-
knowledged to me that hel executed
the same in his/h rilheir autho~
capacity(ies). and that y his/he~
si9nature(s) on the instrument the person(s).
orthe entity upon behalf of which the person(s)
acted. executed the instrument.
Witness my hand and official seal.
~~-~
}
1690
~.~ OfHCIAL sE;~~("r
iQ~~ MICHElE L [VEliSOIJ t'
Ff.~",.-~~r,: ':.:V NOTARY pusuc CAU:::OR."!/':{
\ :.::,." :/ SI'\N DIEGO COU....Ty ~.
'L. l:~ MyCcanm [',,>lr~>JQ" 24 '199:<"
. '~~ ~'=,~~ ~
SIGNATURE OF NOTARY
NO 209
~APACITY CLAIMED BY SIGNER
~NDIViDUAL(SI
o CORPORATE
OFFICER(S)
TITLE{Sl
o PARTNER(S)
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o SUBSCRIBiNG WITNESS
o GUARDIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
ATTENTION NOTARY: Although the intonnation requested below is OPTIONAL, It coukt prevent hudulen1 ettac:hment of this ClItftiticat to unIIIIhOnzed document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
01.' NATJ)NAL.NOTAAY AS8OC1A11ON-123I""""'*_..,.o. "11I4"CenclDI hrk. CAI1304-711M
\~~~TA
LEGAL DESCRIPTION
That portion of land situated in Sections 18 and 19. Township
14 South. Range 1 West, San Bernardino Base and Meridian. in
the City of Poway, County of San Diego. State of California.
according to the United States Government Survey thereof
approved February 24, 1876. being more particularly described
as follows:
Beginning at the Southwest corner of said Section 18: the
South line of said Section 18 also being the North line of
Map No. 11326 recorded September 13. 1985 as File No. 85-
336840 of Official Records of San Diego County: said line
bears North 89' 15' 51" West, all bearings contained ~erein
are relative thereto. Thence North 00' 09' 54" East (Record
North 00' 10' 50" West) along the West line of said Section
18, a distance of 647.85 feet (Record 648.03 feet); thence
leavinq said west line South 89" 04' 44" East (Record South
89" 20' 46" East), 25.00 feet (Record 25.00 feet) to the
Southwest corner of Parcel Map No. 2489. recorded March 28.
1974, as File No. 74-0077887 of Official Records of San Diego
County: thence continuinq South 89' 04' 44" East (Record
South 89' 20' 46" East) along the Southerly boundary of said
Parcel Map No. 2489 a distance of 644.85 feet (Record 644.96
feet); thence South 00' 09' 12" West (Record South 00' 11'
12" East) a distance of 645.69 feet to a point on the South
line of said Section 18 distant thereon 669.96 feet from the
Southwest corner thereof; thence North 89' 15' 51" West.
278.11 feet more or less (Record 253.20 feet) to a point on
the Southwesterly Right-of-Way line of Gate Drive granted by
instrument recorded September 1. 1972. as File No. 235616 of
Official Records of the County of San Diego: thence leaving
said South line North 50' 44' 20" West along said
Southwesterly Right-of-Way line 175.85 feet (Record 175.02
feet); thence leaving said Right-of-Way line South 17' 50'
09" West. 114.60 feet (Record 112.35 feet) to the North line
of Lot 5 of said Map No. 11326 and the South line of said
Section 18: thence continuing South 17" 50' 09" West. 87.23
feet (Record 87.24 feet) to the Southwesterly line of said
Lot 5: thence North 66' 06' 17" West along said Southwesterly
line 212.00 feet to the point of beginning.
~
'.
1692
EXHIBIT "B"
kEGAL..lJE1?CRIP.IION
DJ;.O.I CAIJ..91L.9L9PE.f\l..~E'lICE. EASEMENT:
ALL THAT PORTION OF LOT 4 (THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER) IN SECTION 18, TOWNSHIP 14 SOUTH. R~NGE 1
WEST. SAN BERNARDINO MERIDIAN. IN THE CITY OF POWAY. COUNTY
OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED FEBRUARY 24. 1876. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18: THENCE
ALONG THE SOUTHERLY LINE OF SAID SECTION 18 SOUTH 89' 15' 51"
EAST 669.96 FEET TO THE EAST LINE OF THE WEST 669.96 FEET OF
SAID LOT 4. SAID WEST 669.96 FEET BEING MEASURED ALONG THE
NORTH AND SOUTH LINES OF SAID LOT 4: THENCE ALONG SAID EAST
LINE NORTH C' 09' 12" EAST (NORTH 0' 11' 12" WEST PER
CERTIFICATE OF COMPLIANCE RECORDED AUGUST 18. 1989. FILE/PAGE
89-44072 OFFICIAL RECORDS. I 234.50 FEET TO THE TRUE POINT OF
BEGINNING: THENCE CONTINUING ALONG SAID EAST LINE NORTH
O' 09' 1 2' ~AST 411. 19 FEET TO THE SOUTHERLY BOUNDARY OF
PARCEL MAP NO. 2489. SAID POINT BEING THE NORTHEAST CORNER OF
THAT LAND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE:
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP NO. 2489
NORTH 89' 04' 44" WEST (NORTH 89' 20' 46" WEST PER SAID
CERTIFICATE OF COMPLIANCE I 520.48 FEET: THENCE SOUTH 51' 03'
53" EAST 667.62 F~ET TO THE TRUE POINT OF BEGINNING.
PLA T 10 ACGolvt PA~
LE,4AL DES C RIPT' tJ
1693
PRoPO~ED DEDICA-rIOl\! OF
OPEt\l 'SPACE EASEMENj
~
\5
~
\i
.~
~"
. j;
'2
<i
..~
(S 8'?, 2.0' 41..' /! 1."'.9' . p'E~ C .Oc.)
NIW . 'w. .. .11S
14'.3" '~8'
~i~
""'~~"'~"o...
(, ..... ;:.... .. __ n oo,j "'",
\~.... .....::, '/o'5:.~;>, ~ . m ~ "':'
.'/ f.-;: 0.01:&. ......-~ !II. ~~
s.}~ .,....-a~
.~ ~.~."
' ... SCALE:
~ ,'"
",'
.- ~
t-.
l)::
aoe
... or \I)
1'\ '-
t\l
IN!
t--200'
--
.1'
I
~
,
,~
~I
.
~I
I
I
'.1
I
NOTE: C;o.c.. I<:E FeR5 TO T"HE
c.eep1=Ic.Are 01= CoruPI../.4NCE
RECoR:oep ,o,.uG. '6, '''6'J
-'5 FIt" 8.,- 4-4407 Z
LAND & DEVELOPMeNT SU~.EYS, INC.
1422e BARDEN ROAD
POWAY. CA 1120e4
(8111) 488-1338 IN 1479
~I;-#~r
(J 1- '115"8
$xP/;?i<5 F-3D-'i'Z
/- 3 -fZ.
Dl9rE