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Open Space Easement 2020-0442461RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0442461 1111111111111111111111111111111111111111#1111111111111111111 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) Assessor Parcel No. 321-012-60-00 Project: MDRA 19-008 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Kathleen S. Lindquist, 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 the riparian corridor that includes sensitive wetland 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. 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) The granting of this easement does not supersede existing easements which overlap this OPEN SPACE EASEMENT. F) 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 day of d 0\j , 2020 OWNER OR AUTHORIZED AGENT: Dated:' �C�'/ �° e \..r-�l athleen S. Lindquist Approved as to Form: Office of the City Attorney By: (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 Californi ) County ofS rzi ; 2 i 0 ) On D-7/ 3/2- 2-0 before me,/ ch//1//5 % Notary Public, Date Here Insert Name and Title of the Officer personally appeared 47/4%Lt!/ L • ! J 4e ame(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 f-e-aitfornia-t - -t the foregoing paragraph is true .rid orrect. • DENNIS BUTTS Notary Public - California San Diego County Commission 4` 2271018 My Comm. Expires Jan 11, 2023 Place Notary Seal Above W NESS my han.and o Signature OPTIONAL Signature of otary 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 Docu ent Title or Type of Docume t: 7LJS1fr w5 g Document Date: (-0? / .0Z-ep 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): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©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: `) t,t (,vi , , (date of grant document) from Kathleen S. Lindquist (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. —7Ziat Dated: CITY OF POWAY By I R..ert J. Manis Director of Development Se es EXHIBIT 'A' ESMT 20-001 LEGAL DESCRIPTION: OPEN SPACE EASEMENT APN 321-012-60 A PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE BA NO. 17-010, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 15, 2018 AS DOCUMENT NO. 2018-0061759 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL B; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL B NORTH 90°00'00" EAST, 95.73 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 20°24'48" EAST, 66.92 FEET; THENCE SOUTH 54°52'02" EAST, 19.36 FEET; THENCE SOUTH 86°57'31" EAST, 73.38 FEET; THENCE NORTH 88°10'35" EAST, 91.82 FEET; THENCE SOUTH 14°02'48" EAST, 180.99 FEET; THENCE SOUTH 75°57'12" WEST, 10.00 FEET TO THE BEGINNING OF A NONTANGENT 25.00 FOOT RADIUS CURVE, THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 75°57'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 82°0T37", A DISTANCE OF 35.83 FEET TO THE BEGINNING OF A 370.00 FOOT RADIUS COMPOUND CURVE CONCAVE NORTHWESTERLY; THENCE WEST ALONG SAID CURVE THROUGH AN ANGLE OF 17°11'51", A DISTANCE OF 111.06 FEET; THENCE NORTH 18°14'33" EAST, 35.95 FEET; THENCE NORTH 09°17'26" WEST, 60.11 FEET; THENCE NORTH 26°19'30" WEST, 30.53 FEET; THENCE NORTH 79°17'33" WEST, 66.15 FEET; THENCE NORTH 59°17'39" WEST, 72.27 FEET; THENCE NORTH 48°17'48" WEST, 48.21 FEET; THENCE NORTH 24°16'50" WEST, 58.36 FEET; THENCE NORTH 13°25'26" WEST, 53.76 FEET TO THE POINT OF BEGINNING. TOTAL AREA IS 1.08 ACRES, MORE OR LESS. NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON CERTIFICATE OF COMPLIANCE BA NO. 17-010, DOCUMENT 2018-0061759 OF OFFICIAL RECORDS. PREPARED BY: WILLIAM YEN, RQ 33730 EXHIBIT 'B' ESMT 20-001 OPEN SPACE EASEMENT APN 321-012-60 APN 32-i- J -J 2- 4 N90'00'00"E 325.80' 95.73' 230.07' N86'57'31 "W 73.38' •IMI MID 1\188'10'35"E 91.82' SCALE: 1 "=60' FCLI tis9. J 7>'• D Jp- N79.17,33 66.15' W LINE DATA NO. LENGTH BEARING L1 19.36' N54'52'02"W L2 10.00' N75'57' 12"E(R) L3 35.95' N 18' 14'33"E L4 30.53' N26' 19'30"W L5 48.21 L6 58.36 L7 53.76 0 2 2i 0 Ri 2 0� \O \ • �' \ - L2 U. G , 0 N48' 17'48"W c3 CITY STREET ESMT. PER N24' 16'50"W - INST. NO. 91-347699 N13'25'26"W 0 REC'D 7/16/1991 N89'05'03"W 402.24' NaO� 0�(R DEL PONIENTE ROAD NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON CERTIFICATE OF COMPLIANCE BA NO. 17-010, DOC# 2018-0061759 OF OFFICIAL RECORDS CURVE DATA NO. LENGTH DELTA RADIUS 01 132.62' 7'36'01" 1,000.00' C2 35.83' 82'07'37" 25.00' C3 1 1 1.06' 1711'51" 370.00' w it ()FESS1p4,q \,QPMCy NO 33730 r