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Open Space Easement 2020-0442462RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0442462 1111111 VIII IMI 11111111111111111111 VIII VIII IIIA IIIA VIII IIII 1111 Aug 10, 2020 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 6 (This space for Recorder's Use) APN: 317-102-18 MDRA16-048; MDRA19-007 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 MAHMOUD G. BAZAZ & SUDABEH AKHLAGHI, husband and wife as joint tenants, PROPERTY OWNERS, 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 cultural resources over, upon and across certain real property described in Exhibits A and B (attached hereto). 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 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. General public access shall be restricted and permanent fencing, to be approved by the City, shall be installed around the easement area. 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 j41 tl% day of 1 6 --- 4' GJ) l 6 t, c/6., .0q `? Mahmoud G. Bazaz, Owner Sudabeh Akhlaghi, Owner Approved as to Form Office of the City Attorney , 2020 PLEASE SEE ATTACHED CALIFORNIA [ ] JURAT [x] ACKNOWLEDGEMENT (Signature must be notarized) B: Y Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��„c•C�:c: C.c,C�.��`,c�(�.�'.�1`,c�re=Cl.�^,c;4�.c�C":c <'.��.��.<:lV, �ctc�,�:C�.czCr:�,c�C',c:!".i',cC�'�.c:l�,c�<sc:r-.�R�;c.� 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 `fan Di e,_(.3(.2 On j1,(, k i 14•/ 1-1), g) before me, >fend (L- A : I ► I CS'I Gr ' `ttt " }ry Notary Public, Date i Here Insert Name and Title ofat e Officer personally - personally appeared t ((J' MOIA l C; Ctz� Z I 4 ')i3 5(.td(-b ti �S �V) �lL�h� Name(s) of Signer(s) `J 0cCnas 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 tags/hor/their authorized capacity(ies), and that by .4 r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BRENDA. MAYER Notary Public - California San Diego County Cornmission 11 2260201 My Comm. Expires Seo 28, 2022 Place Notary Seal Above 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 OPTIONAL thOVi� Signature of Notary ublic 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: 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: ., d • -'1<>_`_<.,1 ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 C CERTIFICATE OF ACCEPTANCE Open Space Easement APN: 317-102-18 This is to certify that the interest in real property located in the City of Poway conveyed through the Open Space Easement by Mahmound G. Bazaz and Sudabeh Akhlaghi, (Grantor), dated: 3 v (,t_ 16 c a_c ). 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: Seal: CITY OF POWAY By: 4;111, Director of Development !Ices "00 ert J. Mani LOT 287 LOT 288 EXHIBIT "B" ES MT 19-011 \ LOT 289 LOT 290 MAP 6937 LOT 109 MAP 7567 N29 55' 50"E 52.94 N36' 15' 38"W 43.19 N70' 08' 40"W 29.78 POINT OF COMMENCEMENT NORTHEAST CORNER OF NW1/4, NW1/4, SEC.13, T.14S.,R.2W.,S.B.M. N86° 32' 22"E 90.45 EASEMENT 9,942 SQUARE FEET 0.228 ACRE S 52.00 ° 35 w S01 ' 38' 03"W 188.60 APN: 317-102-18 PORTION OF NW1/4, NW1/4, SEC.13, T.14S., R.2W., S.B.M. Z:1Prolects 20181ERB18098 CovoterolDrawings11809B-ARCH-EXHIBIT-B-CC-0B-29.2019.dwo, 4/2112020 9:25 AM S27' 08' 14"E 60.06 TRUE POINT % EXHIBIT "A" ARCHAEOLOGICAL EASEMENT APN 317-102-18 ESMT 19-011 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE UNITED STATES TOWNSHIP PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, SOUTH 01°38'03" WEST, 188.60 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 88°21'58" WEST, 65.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51°27'50" WEST, 50.82 FEET; THENCE SOUTH 77°35'15" WEST, 52.00 FEET; THENCE NORTH 70°08'40" WEST, 29.78 FEET; THENCE NORTH 36°15'38" WEST, 43.19 FEET; THENCE NORTH 29°55'50" EAST, 52.94 FEET; THENCE NORTH 86°32'22" EAST, 90.45 FEET; THENCE SOUTH 27°08' 14" EAST, 60.06 FEET TO THE TRUE POINT OF BEGINNING. ABOVE DESCRIBED ARCHAEOLOGICAL EASEMENT CONTAINS 9,942 SQUARE FEET OR 0.228 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DE ROSE, PLS 9045, RENEWAL 9/30/21 - 7 (2020 DATE