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Open Space Easement 2021-0202626RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2021-0202626 IEEE! 11 11111 1111 1111 111111 11111 11111 11111 11111 1 111111 111 Mar 16, 2021 09:54 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 7 (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 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 per an approved landscape plan with the City of Poway and 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 d Elan D. Lee, Owner Approved as to Form: Office of the City Attorney '1 , r 114 kW( , 2021 (Signature must be notarized) By: 1 Alan Fnstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cmw v. .m..a= aVrai .. w.. sv� . - vat• w 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 '5110 On 2D7 t Date before me, go &r. i i212- Notary Public, Here Insert Name and Title of the Officer personally appeared t Aik3 t. 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. ROBERT HARR Notary Public - California e+. - San Diego County "'lt1 Commission # 2298649 My Comm. Expires Aug 21, 2023 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that - foregoing p. agraph is true and correct. WITNESS m hand ..I'i • offici Signature OPTIONAL Signature of otary 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 — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • -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: zl l �u2 (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 Bv: Director of Development Serves "EXHIBIT A" THOSE PORTIONS 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, 51.83 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID OPEN SPACE LINE; NORTH 72°33'34" EAST, 151.56 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING OF SOUTH 67°04'44" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°57'47", A DISTANCE OF 27.86 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING OF SOUTH 56°50'16" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°23'11", A DISTANCE OF 35.58 FEET; THENCE SOUTH 53°32'55" EAST, 14.03 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°22'58", A DISTANCE OF 5.90 FEET; THENCE SOUTH 51°57'36" WEST, 69.16 FEET; THENCE SOUTH 53°59'47" WEST, 65.72 FEET; THENCE NORTH 21°00'47" WEST, 66.99 FEET; THENCE NORTH 62°37'23" WEST, 75.76 FEET TO THE POINT OF BEGINNING. CONTAINING 12,710.4 SQUARE FEET / 0.3 ACRES, MORE OR LESS Parcel 2: COMMENCING AT THE NORTHWESTERLY CORNER OF AFOREMENTIONED LOT 10; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 01°03'15" EAST, 94.54 FEET TO THE POINT OF BEGINNING; THENCE NORTH 60°35'33" EAST, 146.41 FEET; THENCE SOUTH 20°11'52" EAST, 85.81 FEET; THENCE SOUTH 69°43'07" WEST, 166.25 FEET; THENCE NORTH 01°03'15" WEST, 66.28 FEET TO THE POINT OF BEGINNING. CONTAINING 11,403.0 SQUARE FEET / 0.3 ACRES, MORE OR LESS Parcel 3: A 5 FOOT WIDE STRIP. THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF AFOREMENTIONED LOT 10; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 01°03'15" EAST, 94.54 FEET; THENCE NORTH 60°35'33" EAST, 146.41 FEET; THENCE SOUTH 20°11'52" EAST, 85.81 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 67°57'09" EAST, 160.83 FEET; THENCE SOUTH 23°57'52" EAST, 336.58 FEET; THENCE SOUTH 00°28'25" WEST, 198.02 FEET TO THE LIMIT OF THE BIOLOGICAL CONSERVATION EASEMENT. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO TERMINATE NORTHERLY ON THE BORDER OF PARCEL 2 AND SOUTHERLY ON THE LIMIT OF THE BIOLOGICAL CONSERVATION EASEMENT. CONTAINING 3,483.4 SQUARE FEET / 0.1 ACRES, MORE OR LESS Jake D. Logan, PLS 9042 Date JAKE D. LOGAN No. 9042 N r J J W W U 0 ¢¢ a0_ V 0 J w U a O J w U Cl. m O 0 r (0) (N 09'49'10" W (R)) (C1) 94.54. EXHIBIT "B" 60' WIDE EASEMENT AND RIGHT OF WAY PER DEED RECORDED JANUARY 26, 1973 AS F/P 73-023639. 323 OPEN SPACE ---- EASEMENT PER MAP NO. 14091 N LOT10 MAP NO. 1ao!I N APN: 314-840-10 (L6) J PORTION OF B.C.E. LIMIT / (N 88.47'34" W 306.14')-" / LINE TABLE: L1— (N 8010'50" 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)) L6— (S 02'14'00" E (R)) L7— (S 87'46'00" W (R)) L8— (S 30'35'52" W (R)) L9— N 46'55'00" E 51.83' L10— N 72'33'34" E 151.56' L11— S 67'04'44" W (R) L12— S 56'50'16" W (R) L13— S 5312'55" E 14.03' L14— S 51'57'36" W 69.16' L15— S 53'59'47" W 65.72' L16— N 21'00'47" W 66.99' L17— N 62'37'23" W 75.76' L18— N 60'35'33" E 146.41' L19— S 2011'52" E 85.81' L20— S 69'43'07" W 166.25' L21— N 01'03'15" W 66.28' -J 2 0 L.S. 9042 OF C P\-�``O 9 CURVE TABLE: C1— (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' L1=63'06'12") C4— (R=320.00' L=319.29' 6=57'10'08") C5— R=100.00' L=27.86' 6=15'57'47" C6— R=100.00' L=35.58' 6=20'2311" C7— R=100.00' L=5.90' 6=03'22'58" LEGEND: ( ) RECORD DATA PER MAP NO. 14091. AREA DESCRIBED IN EXHIBIT "A" 150 75 0 JAKE D. LOGAN, PLS 9042 150 300 SCALE IN FEET SCALE: 1" = 150' l -z -z©z+ DATE