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Open Space Easement 2020-0123377RECORDINGREQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0123377 1111111111111111111111111111INIIIIIIIIIHIIIII Mar 10, 2020 12:17 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 9 (This space for Recorder's Use) Assessor Parcel No. 278-200-26 M D RA 16-013 OPEN SPACE EASEMENT No Documentary Transfer. Tax Due — Pursuant to R & T Code 11922 Derek D. Berg, 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 maintainedon 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 as required and approved by the 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 or if compensating off site land is made available to replace this easement. DATED this 2-O day of c-6 , 2020 Owner: Derek D. Berg By: Derek D. Berg, Owner Approved as to Form: Office of the City Attorney Bv: (Signature must be notarized) Alan Fenstermacher, City Attorney 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 San Diego On February 20, 2020 before me, Yvonne Mannion Notary Public Date personally appeared Derek D. Berg Here Insert Name and Title of the Officer 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/their 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. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature WA-- N es _ 0 ,61 OPTIONAL Signature of Notary Public 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 Document: Open Space Easement MDRA16-013 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: yr ©2016 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: g. 1 20 (date of grant document) Derek D. Berg (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. Dated: zi (11P CITY OF POWAY Roert J. Man s Director of Development Services EXHIBIT "A" OPEN SPACE EASEMENT DESCRIPTION SHEET 1 OF 2 EASEMENT PARCEL A: AN EASEMENT FOR OPEN SPACE PURPOSES OVER THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 18547, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON SEPTEMBER 19, 2000, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID PARCEL 2, AT THE EASTERLY TERMINUS OF THAT PORTION OF SAID BOUNDARY BEARING SOUTH 87°32'02" EAST 343.67 FEET; RUNNING THENCE NORTH 87°32'02" WEST 233.67 FEET; THENCE NORTH 02°27'58" EAST 379.80 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL 2; THENCE NORTH 58°19'34" EAST ALONG SAID BOUNDARY 152.18 FEET; THENCE NORTH 87°30'29" EAST ALONG SAID BOUNDARY 118.85 FEET; THENCE SOUTH 23°57'38" EAST 3.80 FEET TO THE BEGINNING OF A TANGENT 360.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHERLY 100.53 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°00'00"; THENCE TANGENT TO SAID ARC SOUTH 07°57'38" EAST 6.83 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS SOUTH 40°43'19" WEST); THENCE NORTHWESTERLY 53.62 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°43'19"; THENCE TANGENT TO SAID ARC NORTH 80°00'00" WEST 26.96 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT; THENCE WESTERLY 21.02 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°02'33"; THENCE TANGENT TO SAID ARC SOUTH 87°57'27" WEST 38.34 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY 118.89 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°07'06" (A RADIAL LINE BEARS NORTH 70°09'39" WEST); THENCE SOUTH 18°50'36" WEST 84.64 FEET; THENCE SOUTH 10°00'01" WEST 13.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHERLY 69.47 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°48'19" (A RADIAL LINE BEARS SOUTH 60°11'41" WEST); THENCE SOUTH 27°21'16" EAST 73.61 FEET; THENCE NORTH 77°37'09" WEST 18.63 FEET; THENCE SOUTH 24°05'47" EAST 6.91 FEET; THENCE SOUTH 30°02'38" EAST 30.26 FEET; THENCE SOUTH 45°15'56" EAST 13.46 FEET; THENCE SOUTH 53°32'20" EAST 25.69 FEET; THENCE NORTH 61°57'09" EAST 8.54 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS NORTH 35°52'54" EAST); THENCE EASTERLY 62.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°35'10"; THENCE TANGENT TO SAID ARC SOUTH 89°42'16" EAST 27.32 FEET; THENCE SOUTH 30°48'05" EAST 6.48 FEET; THENCE NORTH 72°21'00" EAST 13.64 FEET; THENCE NORTH 29°49'52" WEST 2.29 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS NORTH 06°07'35" WEST); THENCE NORTHEASTERLY 137.85 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°58'51"; THENCE TANGENT TO SAID ARC NORTH 04°53'33" EAST 14.60 FEET TO THE BEGINNING OF A NON -TANGENT 69.85 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS NORTH 13°37'32" EAST); THENCE EASTERLY 76.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°03'44" (A RADIAL LINE BEARS SOUTH 49°26'12" EAST) TO THE BEGINNING OF A NON -TANGENT 140.00 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS NORTH 26°37'20" EAST); THENCE EASTERLY 23.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°34'58"; THENCE TANGENT TO SAID ARC SOUTH 72°57'38" EAST 18.87 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHEASTERLY 98.96 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°00'00"; THENCE TANGENT TO SAID ARC SOUTH 09°57'38" EAST 4.57 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 2; THENCE SOUTH 73°31'25" WEST ALONG SAID BOUNDARY 264.46 FEET TO THE POINT OF BEGINNING. CONTAINING 64,926 SQUARE FEET (1.491 ACRES). (CONTINUED ON SHEET 2) EXHIBIT "A" OPEN SPACE EASEMENT DESCRIPTION SHEET 2 OF 2 (CONTINUED FROM SHEET 1) EASEMENT PARCEL B: AN EASEMENT FOR OPEN SPACE PURPOSES OVER THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 18547, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON SEPTEMBER 19, 2000, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID PARCEL 2, AT THE WESTERLY TERMINUS OF THAT PORTION OF SAID BOUNDARY BEARING NORTH 87°30'29" EAST 408.21 FEET; RUNNING THENCE NORTH 87°30'29" EAST ALONG SAID BOUNDARY 246.31 FEET; THENCE SOUTH 25°00'55" EAST 317.80 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 2; THENCE SOUTH 64°59'05" WEST ALONG SAID BOUNDARY 234.55 FEET TO THE BEGINNING OF A NON -TANGENT 170.00 FOOT RADIUS CURVE TO THE LEFT (A RADIAL LINE BEARS SOUTH 76°26'29" WEST); THENCE NORTHERLY 176.25 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°24'07"; THENCE TANGENT TO SAID ARC NORTH 72°57'38" WEST 18.87 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHERLY 68.07 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°00'00"; THENCE TANGENT TO SAID ARC NORTH 07°57'38" WEST 82.08 FEET TO THE BOUNDARY OF SAID PARCEL 2; THENCE SOUTH 15°42'32" EAST ALONG SAID BOUNDARY 73.84 FEET; THENCE SOUTH 66°01'35" EAST ALONG SAID BOUNDARY 99.00 FEET; THENCE NORTH 35°19'41" WEST ALONG SAID BOUNDARY 78.00 FEET; THENCE NORTH 15°42'32" WEST ALONG SAID BOUNDARY 172.00 FEET TO THE POINT OF BEGINNING. CONTAINING 93,595 SQUARE FEET (2.149 ACRES). TOTAL AREA OF EASEMENT PARCELS A AND B IS 158,521 SQUARE FEET (3.639 ACRES). EXHIBIT "B" OPEN SPACE EASEMENT PLAT OPEN SPACE EASEMENT PARCEL A 64,926 S.F. (1.490 ACRES) (SEE SHEET 2) 343.67' S 87°32'02" E PARCEL 1 PM 18547 PARCEL 4 PM 18547 N 87°30'29" E LINE TABLE LINE BEARING DISTANCE L1 N 15°42'32" W 194.00' L2 N 66°01'35" W 99.00' L3 N 35°19'41" W 78.00' L4 N 15°42'32" W 172.00' VICINITY MAP N.T.S. COYOTE CREEK TRAIL wESTv1E ROAD P.O.B. EASEMENT PARCEL B OPEN SPACE EASEMENT PARCEL B . 93, 595 S.F. (2.149 ACRES) (SEE SHEET 3) N 87°30'29" E 408.21' 4/ PARCEL 3 PM 18547 DEDICATION OF EASEMENT FOR OPEN SPACE PURPOSES TOTAL DEDICATION: 158,521 S.F. (3.639 ACRES) E] EXISTING EASEMENT FOR BIOLOGICAL CONSERVATION PURPOSES PER PM 18547 (B EXISTING 60' EASEMENT FOR ROAD & UTILITY PURPOSES PER DOC. #121786 REC. 7-29-58 IN BOOK 7187, PAGE 199 OF O.R. • 10' TRAIL EASEMENT ON EACH SIDE OF EXISTING 60' ROAD & UTILITY EASEMENT BY SEPARATE DOCUMENT n EASEMENT FOR BIOLOGICAL CONSERVATION PURPOSES BY SEPARATE DOCUMENT TORGERSEN SURVEYING, INC. 1012 MAR VISTA DR, VISTA, CA 92081 619-535-8674 I TORGSURV@GMAIL.COM JOB # 1845 SHEET 1 OF 3 • EXHIBIT "Boo OPEN SPACE EASEMENT PLAT CURVE TABLE CURVE RADIUS LENGTH DELTA C 1 360.00' 100.53' 16°00'00" C2 100.00' 53.62' 30043'19" C3 100.00' 21.02' 12°02'33" C4 100.00' 118.89' 68°07'06" C5 100.00' 69.47' 39°48' 19" C6 100.00' 62.11' 35°35'10" C7 100.00' 137.85' 78°58'51" C8 69.85' 76.88' 63°03'44" C9 140.00' 23.42' 9°34'58" C 10 90.00' 98.96' 63°00'00" NOTE: CURVES ARE TANGENTIAL UNLESS A RADIAL LINE IS SHOWN. 0 ao 6 co Eo". 0 NO:C\14 PARCEL 2 PM 18547 z 01 ,,,343///4zip cep' C6 i� L18 L197 N 87°32'02" W 233.67' S3° P.O.B. EASEMENT PARCEL A LINE TABLE LINE BEARING DISTANCE L5 S 23°57'38" E 3.80' L6 S 07°57'38" E 6.83' L7 N 80°00'00" W 26.96' L8 S 87°57'27" W 38.34' L9 S 18°50'36" W 84.64' L10 S 10°00'01" W 13.00' L11 S 27°21'16" E 73.61' L12 N 77° 37'09" W 18.63' L13 S 24°05'47" E 6.91' L14 S 30°02'38" E 1 30.26' L15 S 45°15'56" E 13.46' L16 S 53°32'20" E 25.69' L17 N 61 °57'09" E 8.54' L18 S 89°42'16" E 27.32' L19 S 30°48'05" E 6.48' L20 N 72°21'00" E 13.64' L21 N 29°49'52" W 2.29' L22 N 04°53'33" E 14.60' L23 S 72°57'38" E 18.87' L24 S 09°57'38" E 4.57' 0 100 200 N i S • TORGERSEN SURVEYING, INC. 1012 MAR VISTA DR, VISTA, CA 92081 619-535-8674 I TORGSURV@GMAIL.COM JOB # 1845 SHEET 2 OF 3 EXHIBIT "B'° OPEN SPACE EASEMENT PLAT CURVE TABLE CURVE RADIUS LENGTH DELTA CI 1 170.00' 176.25' 59°24'07" C12 60.00' 68.07' 65°00'00" P.O.B. EASEMENT PARCEL B N 87°30'29" E 246.31' I I I I 71 I 1 1 1 It�\ wee \\ ,t25. \\ \\ PARCEL2'\ � o ; PM18547 \<�' �� a \\ i 1 1 1 I 1 1 9w „ S 76o Z6�2 LINE TABLE LINE BEARING DISTANCE L25 N 72°57'38" W 18.87' L26 N 07°57'38" W 82.08' L27 S 15°42'32" E 73.84' L28 S 66°01'35" E 99.00' L29 N 35°19'41" W 78.00' 0 NOTE: CURVES ARE TANGENTIAL UNLESS A RADIAL LINE IS SHOWN. 100 200 TORGERSEN SURVEYING, INC. 1012 MAR VISTA DR, VISTA, CA 92081 619-535-8674 I TORGSURV@GMAIL.COM JOB # 1845 SHEET 2 OF 3