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Open Space Easement 2020-0745830RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0745830 1111111111111111111111111111 111 11111 1111 1I 11 11111 I 111111 III Nov 24, 2020 11:02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 (This space for Recorder's Use) APN: 321-271-33 PROJECT NUMBER: MDRA19-021 Space Above Line for Recorder's Use Only OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Griswold Family Trust dated October 12, 2019, 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. DATED this day of 10 vem� er 2020 GRANTOR: Griswold Family Trust dated October 12, 2019 By: Robert St hen Griswold, Trustee By: fr Caro Ann Griswold, Trustee Approved as to Form: Office of the City Attorney By: Date: / // /zd 2-0 Date: 02/20 (Signatures must be notarized) Alan Fenstermacher, City Attorney in. w q aWree. w -....VW. w in... v. 4intfia as w, wt�, w in apt 4 in inti n- q.4 rNt as in. sot af.witv.--a,�. wgeitt/ra . - , int 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 Calif qniia� �� n ) County of yiU i elm b ) On 11 \ MI 102b before me, MR:A «y1 `1N nrIL Notary Public, Date �" Here Insert Name and Title of the Officer personally appeared N1Oh,, I ,, L1 X GYtSen(d4a lO.d C t akin &v-ls'WbtC 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. r,,I,Ituul,l,1111/1111IIuIIuI,'111111 is MIRANDA TAYLOR BYRNE F. • • E COMM. #2228765 z Z town PUBLIC •CALIFORMA rifj w 814 DI GO COUNTY isa My Commission Bohn 01n4/202? 7urruunuuununnuuiunuir 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. OPTIONAL t)-.111114 Signature ;. f N tary 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 1 Title or Type of Docum nt: OV -e)(1 &MCP- t S t T Document Date: I 112_1.020 Number of Pages: Signer(s) Other Than m Above: Capacity(ies) Claimed Signer's Name: 12-019f)(C9fl VvOl d ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ,®'individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: Ca U\ b risvvioa, 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ®'individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: 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: 1 I III, ).2.D a.0 (date of grant document) from Griswold Family Trust dated October 12, 2019 (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: `j' l 00 CITY OF POWAY By: bert J. Mans !rector of Development Se ces EXHIBIT 'A' LEGAL DESCRIPTION OPEN SPACE EASEMENT A PORTION OF PARCEL 4 OF PARCEL MAP NO. 16504, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1991 AS FILE NO. 91-280122, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4 OF PARCEL MAP 16504, THENCE S 02° 52' 38" E A DISTANCE OF 98.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE, S 04° 5P 11" W A DISTANCE OF 110.60 FEET; THENCE, N 69° 50' 46" E A DISTANCE OF 88.65 FEET; THENCE, N 07° 07' 35" E A DISTANCE OF 6.12 FEET; THENCE, N 15° 28' 48" E A DISTANCE OF 14.47 FEET; THENCE, N 22° 47' 08" E A DISTANCE OF 10.30 FEET; THENCE, N 26° 09' 13" E A DISTANCE OF 3.18 FEET; THENCE, N 27° 52' 03" E A DISTANCE OF 2.92 FEET; THENCE, N 29° 42' 24" E A DISTANCE OF 5.05 FEET; THENCE, N 19° 47' 31" E A DISTANCE OF 5.77 FEET; THENCE, N 09° 09' 00" E A DISTANCE OF 10.72 FEET; THENCE, N 01° 21' 14" E A DISTANCE OF 12.49 FEET; THENCE, N 10° 13' 55" E A DISTANCE OF 19.09 FEET; THENCE, N 22° 23' 26" E A DISTANCE OF 3.77 FEET; THENCE N 88° 21' 59" W A DISTANCE OF 34.69 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 63.37 FEET THROUGH A CENTRAL ANGLE OF 24° 12' 14" TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A DRAWING LABELED EXHIBIT `B' AND BY REFERENCE IS MADE PART THEREOF. CONTAININ)-AAN • A OF 0.21 ACRES OR 9,153.98 SQUARE FEET MORE OR LESS. /47o., i r DATE ! 4 \ No. 8733 LS 8733 EXPIRES 12/31/20 EXHIBIT B' SITE ADDRESS: DOS AMIGOS TRAIL POWAY CA 92064 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE NORTH LINE OF PARCEL 4 OF PARCEL MAP 16504. I.E. S82'35'59 "W APN: 321-271-30 COURSE TABLE ID Length Direction/ Delta L2 110.60 504°51'11"W L3 88.65 N69°50'46"E L4 6.12 N07°07'35 "E L5 14.47 N 15°28'48 "E L6 10.30 N22°47'08"E L7 3.18 N26°09'13"E L8 2.92 N27°52'03"E L9 5.05 N29°42'24"E L10 5.77 N 19°47'31 "E L11 10.72 N09 °09'00 "E L12 12.49 N01°21'14"E L13 19.09 N 10° 13'55 "E L14 3.77 N22°23'26 "E L15 34.69 N88°21 '59 "W Cl 63.37 24°12'14" L1 98.79 S02°52'38"E REFERENCES: MDRA NO. 19-021 SCALE: 1" = 100' I I I I POC / DOS AMIGOS / / TRAIL / / / / , 40.0' / / '/ ,r - PRIVATE ROAD & UTILITY EASEMENT PER PM 16504 58.2°35'59"W4199 TPOB L14 L15L13 t -L12 L11 L10 LL9 L7 L6 L5 I I 1 fidffill• MONO L4 PAFYCEL 4 PM 15.04 N88'07'47"E 484.22' 0 INDICATES OPEN SPACE EASEMENT I I 100 0 I 0 I 1 200 SCALE: 1"=100' 00 VIt POWAY ROAD VICINITY MAP NO SCALE THOMAS BROS. PAGE 1190-J3 PROJECT: COLEMAN OPEN SPACE EASEMENT COFFEY ENGINEERING, INC. 1,9 DOS AMIGOS WAY 811 RESIDENCE PROJ. NO. R.W. NO. TAX PAR. BASE MAP DATE: G20-0016 321-271-30 OCTOBER 2, 2020