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Open Space Easement 2021-0202609RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 DOC# 2021-0202609 1111111111011111111111111111111111111111111111111111111111111111 111 Mar 16, 2021 09:51 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) Assessor Parcel No.314-840-10 Project Number: MDRA18-014/TTM 19-004 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Elan D. Lee, 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 a natural knoll formation 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, vegetation or other things whatsoever constructed, erected, placed, planted 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 grade or perform any other land alterations as well as install any structures, fencing, landscaping or another thing on the subject land. C) GRANTOR covenants and agrees for himself and his assigns that he shall not excavate, cultivate, clear or remove vegetation, except for purposes of establishing and maintaining a fire fuel management zone as required by the Fire Marshall by mowing, thinning, and planting of existing or new vegetation that visually blend in with the surrounding natural vegetation to the satisfaction of the Director of Development Services and as shown on the approved landscape plan 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. Approved as to Form: Office of the City Attorney By: (.,‘ Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cis aw4 as v. v. • st.0 et. a- aeil 9, a v.YR w 10,4 i.- v.terK< si. - *Witi a w. I a, ir. 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 A�..1 �tT On 207. Date before me, 1-141122- Notary Public, Here Insert Name and Title of the Officer personally appeared L-441-1J 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. w w .c4 .1. .1111, a w Ie.- ROBERT ROBERT HARR Notary Public - California San Diego County T. Commission = 2298649 y Comm. Expires Aug 21. 2023 Place Notaty 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 a Signature OPTIONAL officials t r Signature o oto blic 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: Li Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ 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 dated: 1,1 3 \ 10;14 (date of grant document) from Elan D Lee (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: CITY OF POWAY By: Ro•-rt J. Manis Director of Development Servi "EXHIBIT A" THAT PORTION OF LOT 10 OF CITY OF POWAY TRACT NO. 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000 DESCRIBED AS FOLLOWS: Parcel 1: COMMENCING AT THE SOUTHWESTERLY CORNER OF AFOREMENTIONED LOT 10; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 10, NORTH 01°03'15" WEST, 194.96 FEET TO THE OPEN SPACE EASEMENT DEDICATED ON SAID LOT 10 OF AFOREMENTIONED MAP NO 14091; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID OPEN SPACE EASEMENT, NORTH 46°55'00" EAST, 207.86 FEET TO AN ANGLE POINT ON SAID EASEMENT LINE; THENCE CONTINUING NORTHERLY ALONG SAID EASEMENT LINE, NORTH 68°59'00" EAST, 26.32 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 77°41'08" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°08'13", A DISTANCE OF 42.13 FEET; THENCE NORTH 36°27'05" EAST, 16.53 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31'17", A DISTANCE OF 41.05 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 42°40'23" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°17'57", A DISTANCE OF 10.99 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 48°06'13" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°25'36", A DISTANCE OF 65.32 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF NORTH 18°26'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°53'18", A DISTANCE OF 8.53 FEET TO THE OPEN SPACE EASEMENT DEDICATED ON SAID LOT 10 OF AFOREMENTIONED MAP NO 14091; THENCE SOUTHERLY ALONG SAID EASEMENT LINE, SOUTH 31°31'00" WEST, 106.52 FEET TO AN ANGLE POINT ON SAID EASEMENT LINE; THENCE CONTINUING SOUTHERLY ALONG SAID LINE, SOUTH 68°59'00" WEST, 79.68 FEET TO THE POINT OF BEGINNING. CONTAINING 5,236.0 SQUARE FEET / 0.1 ACRES, MORE OR LESS Jake D. Logan, PLS 9042 Date \AND SU9y JAKE D. LOGAN No. 9042 (N 09'49'10" W (R)) EXHIBIT "B" 60' WIDE EASEMENT AND RIGHT OF WAY PER DEED RECORDED JANUARY 26, 1973 AS F/P 73-023639. (N 2 (376.30) OPEN SPACE / EASEMENT PER MAP NO. 14091 / CURVE TABLE: Cl- (R=300.00' L=159.04' 6=30'22'30") C2- (R=66.00' L=98.94' 6=85'53'32") C3- (R=18.00' L=19.82' 6=63'06'12") C4- (R=320.00' L=319.29' x-5710'08") C5- R=100.00' L=42.13' 6=24'08'13" C6- R=100.00' L=41.05' 6=23'3117" C7- R=100.00' L=10.99' 6=0617'57" C8- R=100.00' L=65.32' 6=37'25'36" C9- R=100.00' L=8.53' A=04'53'18" APN: 314-840-10 LOT 9 NAP NO. '0 it LINE TABLE: L1- (N 80'10'50" E 68.07') L2- (N 69'26'40" W (R)) L3- (S 24'39'48" W (R)) L4- (N 24'39'48" E (R)) L5- (N 87'46'00" E (R)) (L7) L6- (S 02'14'00" E (R)) L7- (S 87.46'00" W (R)) L8- (S 30'35'52" W (R)) L9- N 68.59'00" E 26.32' L10- N 36'27'05" E 16.53' L11- S 31'31'00" W 106.52' \'\ J L12- S 68'59'00" W 79.68' to L.S. 9042 9T ca rn 0) cep.O.C. 88'47'34" W 306.14') LEGEND: ( ) RECORD DATA PER MAP NO. 14091. 150 75 0 AREA DESCRIBED IN EXHIBIT "A" 150 300 JAKE D. LOGAN, PLS 9042 SCALE IN FEET SCALE: 1" = 150' DATE