Open Space Easement 2022-0349493RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
Assessor Parcel No. 314-370-05
Project Number: TTM16-005
DOC# 2022-0349493
IIII IIII IIII IIII IIII IIIII IIIII 111111III II 11 11IIIII III III
Aug 31, 2022 03:47 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 10
(This space for Recorder's Use)
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due — Pursuant to R & T Code 11922
New Pointe Investment 43 LLC, 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.
DATED this day of :�,A_ , 2022
New Pointe Investment 43 LLC, Owner
By: er strom, Vice President
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
By: OVA, �i
Alan Fenstermacher, City Attorney
F-IMI
►_1_4J_ !
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 San Diego
On June 30, 2022
before me, Carrie Lynn Byrd, Notary Public
(insert name and title of the officer)
personally appeared Tyler Sandstrom
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.
s
Signature
, � � 0 s CARRIE LYNN BYRD�
Notary Public • Caiifor�ia
-`' = San Diego CounCv
Commission # 238a252
+�. o. My Comm. Expires Dec 25. 2025
(Seal) ,...,.�,.....'.
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: , fjj,,j L ?u?2 (date of grant document) from New Pointe Investment 43 LLC
(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: v n-
YIN THE
o. Gov
CITY OF POWAY
By: levl�lj -
o ertJ. Manis
Director of Development Services
1O:�:IIon 0 iils
DESCRIPTION
ALL THOSE PORTIONS OF LOTS 6, 7, 8, 9 AND 10, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, I BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6;
THENCE ALONG THE NORTH LINE OF SAID LOT 6 SOUTH 87°29'23" EAST 1331.18 FEET;
THENCE ALONG THE EAST LINE OF SAID LOTS 6, 7, 8 & 10 SOUTH 01 °06'36"EAST 1261.69 FEET;
THENCE LEAVING SAID EAST LINE OF LOT 10, NORTH 87-03-37" WEST 177.60 FEET;
THENCE NORTH 51°14'10" WEST 50.58 FEET;
THENCE NORTH 00°09'59" EAST 16.78 FEET;
THENCE NORTH 12°25'05" EAST 39.85 FEET;
THENCE NORTH 06°13'03" EAST 21.60 FEET;
THENCE NORTH 00°01'01" EAST 30.08 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHERLY AND NORTHWESTERLY 157.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90-00-00'
THENCE NORTH 89°58'59"WEST 81.77 FEET TO THE BEGINNING OF A TANGENT 108.00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY AND SOUTHWESTERLY;
THENCE WESTERLY 71.05 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
37°41'45";
THENCE SOUTH 52019'16" WEST 36.63 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY;
THENCE SOUTHWESTERLY AND NORTHWESTERLY 44.95 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 128°46'46" TO THE BEGINNING OF A REVERSE TANGENT 100.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY 133.97 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 76°45'27';
THENCE NORTH 75°39'25" WEST 88.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY;
THENCE WESTERLY AND SOUTHWESTERLY 134.14 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 76°51'16" TO THE BEGINNING OF A REVERSE TANGENT 25.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY;
THENCE WESTERLY AND NORTHWESTERLY 65.07 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 149°07'30";
THENCE NORTH 03*23'11" WEST 36.81 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY 122.83 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 61 °11'48" TO THE BEGINNING OF A REVERSE TANGENT 640.67 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY;
THENCE NORTHWESTERLY 58.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
05°12'17", (A RADIAL TO WHICH POINT BEARS SOUTH 30°37'17" WEST) TO THE BEGINNING OF A
COMPOUND NON -TANGENT 22.38 FOOT RADIUS CURVE, CONCAVE EASTERLY, (A RADIAL TO WHICH POINT
BEARS SOUTH 30°05'38" WEST);
THENCE NORTHERLY 51.17 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
131-00-37", (A RADIAL TO WHICH POINT BEARS NORTH 18°53'45" WEST) TO THE BEGINNING OF A
COMPOUND NON -TANGENT 1030.76 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, (A RADIAL TO WHICH
POINT BEARS NORTH 18°56'04" WEST);
PASCO LARET SUITER OPEN SPACE
A ASSO TES EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 SHEET 1 OF 6
Phone 858.259.8212 I www 0saengineering.com
EXHIBIT "A"
EASEMENT DESCRIPTION
THENCE NORTHEASTERLY 69.33 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03051'13" TO THE BEGINNING OF A REVERSE TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY;
THENCE NORTHEASTERLY 139.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
79°42'43";
THENCE NORTH 04047'34" WEST 84.15 FEET TO THE BEGINNING OF A TANGENT 92.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY 53.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
33029'58" TO THE BEGINNING OF A REVERSE TANGENT 19.00 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE NORTHERLY 31.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
93049'04" TO THE BEGINNING OF A REVERSE TANGENT 110.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY;
THENCE NORTHERLY 171.16 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
89°09'01";
THENCE NORTH 33037'29" WEST 78.49 FEET TO THE BEGINNING OF A TANGENT 103.00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY 147.95 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
82°18'04" TO THE BEGINNING OF A REVERSE TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY;
THENCE NORTHWESTERLY 55.71 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
12740'03";
THENCE NORTH 11'44'30" EAST 19.66 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY, THENCE NORTHERLY 101.50 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 58009'16";
THENCE NORTH 46°24'47" WEST 63.61 FEET TO THE BEGINNING OF A TANGENT 104.00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY AND SOUTHWESTERLY 164.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°31'28";
THENCE SOUTH 43003'45" WEST 155.51 FEET;
THENCE SOUTH 89°50'05" WEST 15.11 FEET TO THE WEST LINE OF SAID LOT 6;
THENCE ALONG SAID EAST LINE NORTH 00°10'22" WEST 214.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 22.200 ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
GARY D. MELLOM, PLS 85-37
2-
DATE:
PASCO LARET SUITER OPEN SPACE
ASS(MGATES EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 SHEET 2 OF 6
Phone 858.259.8212 I www.plsaengineering.cam
-I
I
I
POB
/
rn
N
F-
Q
6
00-
o
LOT 5
c�
,MAP 7578/
N
80
Lo LOT 4
O
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0
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0
.-
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LOT 3
/ -'V/ ST
LOT
LOT 1
EXHIBIT "B"
PLAT
NE 1/4, NE 1/4
SEC 2, T14S
R2W, SBM
(N 87°29'23" W 1331.18')
0
LOT 7
MAP
LOT 8
LOT 2
\S
S LOT 10
LOT 9 S,
(N 87°03'37" W 1353.17')
MAP 12880 /
I
NW 1/4, NW 1/4
SEC 2, T14S
R2W, SBM /
I /
MAP 14091
T
0q
M
iy)
c� M SW 1/4, NW 1/4
o SEC 2, T14S
R2W, SBM
0
z
DGICAL OPEN
EMENT PER MAP
LOT B
MAP
PROPERTY LINE — — — — ADJOINING PROPERTY LINE
RIGHT-OF-WAY LINE P-%—� OPEN SPACE EASEMENT AREA
LOT LINE ACQUIRED = 22.200 ACRES,
MORE OR LESS
() RECORD DATA PER MAP NO.
PASCO LARET SUITER SCALE = 1" = 300' N OPEN SPACE
A G°aSSOM6 TES w E EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 S SHEET 3 OF 6
Phone 858.259.82121www.pisaengineering.com
N 75039'25" W
r 88.00'
L=133.97' R=100.00'
D=76°45'27"
N 88°53'58" W (R) --/
L=44.95' R=20.00'
D=128°46'46" i"
O
LOT 9 N
w
co
N
0
0
N
0
Z
N 89°58'59" W 81.77'
L=71.05' R=108.00'
D=37°41'45"
S 52019'16" W 36.63'
N 00001'01" E 30.08'
N 06' 13'03" E 21.60'
N 12°25'05" E 39.85' -
N 00'09'59" E 16.78'
N 51'14'10" W 50.58'
L=157.08' R=100.00'
D=90°00'00"
LOT 10
N 87003'37" W 1— 7-� p
SO 006'36"E 50.13' <
PASCO LARET SUITER SCALE = 1" = 100' N OPEN SPACE
A ASS(MG°TES w E EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 s SHEET 4 OF 6
Phone 858.259.82121 www.pisaengineering.com
EXHIBIT "B"
PLAT
N 34°28'28" W (R)
L=2.07' D=6°14'32"
9.23'
L=31.11' R=19.00'
D=93°49'04' —\
N 51 °42'28" E (R)
L=139.12' R=100.00'
D=79°42'43"
;.
LOT 7
L=171.16' R=110.00'
D=89°09'01"
487.44' —4 -
L=29.04' N 88058'09" E 496.67'—�P-
D=87°34'32"
ti L=53.79' R=92.00'
D=33029'58"
LOT 8
N 04047'34" W 84.15'
N 15°04'51" W (R) L= 96.60'
D=55°20'493"
L=69.33'R=1030.76'
4E4.54696'
.17'
8D=3°51'13" N 84°56'14"
=426L.53'
N8°53'45"W(R) 1030.76'R221.8' D=24 °21'54"
L=51.17'R=22' N18°56'04"W(R)22.38'RAD
D=131 °00'37" S30°37'17"W R 640 67'RAD
S30°0
20' R=640.67'
D=5° 12' 17"
LOT 2
N 25°25'00" E (R) LOT 9
L=122.83' R=115.00'
D=61 ° 11'48"
N 75°39'25" W
7\ r,�, % 88.00'
N 03°23'11" W 36.81'
L=65.07' R=25.00'
D=149°07'30"
L=134.14' R=100.00'
D=76°51'16"
N 62°30'41" W (R)
PASCO LARET SUITER SCALE = 1" = 100' N OPEN SPACE
A ASSOMG°TES w E EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 s SHEET 5 OF 6
Phone 858.259.8212 I www.pisaengineering.com
EXHIBIT "B"
PLAT
L=164.31' R=104.00'
D=90°31'28"
L=101.50' R=100.00'
D=58°09'16"
N 25°55'33" W (R)
L=147.95' R=103.00'
D=82°18'04"
PASCO LARET SUITER SCALE = 1" = 100' N OPEN SPACE
A ASS(MG"TES w E EASEMENT
San Diego I Encinitas I Orange County PLSA 3645 s SHEET 6 OF 6
Phone 858.259.8212 1www.plsaengineering.com