Open Space Easement 2022-0001607RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX789
POWAY CA 92074-0789
,.[I_(i 2./()(J<'J 'f80\:ZO
Assessor Parcel No: 277-080-27
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DOC# 2022-0001607
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Jan 03, 2022 02:13 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES:6
(This space for Recorder's Use)
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due -Pursuant to R & T Code 11922
HVR POWAY, LP., a California Limited Partnership, 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 (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.
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.
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY CA 92074-0789
..£..Tti 2/CC<:J"{8D\'].D
Assessor Parcel No: 277-080-27
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OPEN SPACE EASEMENT
(This space for Recorder's Use)
No Documentary Transfer Tax Due -Pursuant to R & T Code 11922
HVR POWAY, L.P., a California Limited Partnership, 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) GRANT OR 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.
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 dlcd c-.· 7 ,; C ->, 2021
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HVR POWAY, L.P.,
a California limited partnership
By: POWAY RANCH GP, INC.,
a California corporation
Its General Partner
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
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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 )
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County of 5.tl ,., 0 /'(!,90 )
On .;1, q ~,.,..Je...,t... ~ol..1 before me, ..:f..oso.,.., F. Sh'l 1 4l, , Notary Public,
personally appeared &tt,11,An.o. tY'\,4:LarJ't:...,. , 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 of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature O ~
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CERTIFICATE OF ACCEPTANCE
This is to certify tharhe 7erest in real property located in the City of Poway conveyed by the Open Space
Easement Deed dated: f2. V~ 2.f (date of grant document) from HVR Poway, L.P., a California Limited
Partnership (Granter) 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.
CITY OF POWAY
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Exhibit A
LOTC
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF POWAY. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
20. TOWNSHIP 13 SOUTH, RANGE 1 WEST. SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 20, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20. SOUTH 01°32'48" EAST 1112.96 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 83°23'07• WEST 363.63 FEET; THENCE NORTH
32°33'13" WEST 261.14 FEET: THENCE NORTH 73°33'09" WEST 96.01 FEET; THENCE NORTH
32°25'32" WEST 308.70 FEET; THENCE SOUTH 88°51'19" WEST 156.98 FEET; THENCE NORTH
22°56'25" WEST 156.38 FEET; THENCE NORTH 59°27'22" WEST 154.30 FEET: THENCE NORTH
01°55'49" WEST 341.73 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20; THENCE ALONG SAID NORTH LINE. NORTH 89°54'06"
EAST 1151.68 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED AREA CONTAINS 20.849 ACRES MORE OR LESS.
LANDMARK CONSULTING
~Plu>tCdo:
Exhibit A
Exhibit B
EASEMENT GRAN; OF CALIFORNIA EXHIBIT OF POWAY, COUNTY
IN THE~~CITY~:_:..:::.:.:~---•e• -PLAT FOR OF SAN D1£GO, STA SHEET 1 OF I
t.£CDD
1FS POINT OF 8£GIHMHG
IOCA OP£.PI SPACC CASCJl£HT IOCA1ES
SEC. 19
19, 20
JO 29
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Exhibit B
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