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Open Space Easement 2022-0392747RECORDING RECUESTED BY STEWART TITLE GUARANTY COMPANY RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 C;�jv00 DOC# 2022-0392747 II II III I IIIII IIII IIII IIII I IIIII IIII II I III I III I III I IIII III Oct 07, 2022 11:22 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $0.00) PAGES: 10 (This space for Recorder's Use) Assessor Parcel No. 314-370-05 6C,(,I0S �x p� -From �'eGo✓ G� + n� � Project Number: TTM16-005 For (�2r12��f pufa�icr a�c�e v1�4 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. S2 -03Z DATED this )—L day of e-_ 12022 New Pointe Investment 43 LLC, Owner By:'-T-y er strom, Vice President (Signature must be notarized) Approved as to Form: Office of the City Attorney By: 0�� � Alan Fenstermacher, City Attorney ACKNOWLEDGMENT 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. t Signature St•;o�.1 CARRIE LYNN BYRD Notary Public - Catifornia San Diego COLr�ty > _ Commission # 2388252 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: '--jji,, �C''i 2 27_ (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: 7/:4� Y IN THE G CITY OF POWAY lw'7�lzl - 16:-- o ert J. Manis Director of Development Services QI EXHIBIT "A" 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. 16530 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, Sept. 19 , 2022 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 52*19'16" 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 30005'38" 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 EASEMENT a ASSONATES San Diego I Encinitas I Orange County PLSA 3645 SHEET 1 OF 6 Phone 858.259.8212 I www.pisaengineering.com EXHIBIT "A" EASEMENT DESCRIPTION THENCE NORTHEASTERLY 69.33 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°51'13" 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 33°37'29" 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 127°40'03"; 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 58°09'16"; 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 43°03'45" WEST 155.51 FEET; THENCE SOUTH 89050'05" 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. v S�'A l /' �� GARY �� D. M E LLOM 7 �- i GARY D. MELLOM, PLS 85 7 LS 85,37 _n���- DATE: PASCO LARET SUITER OPEN SPACE A ASSOMATES EASEMENT San Diego I Encinitas I Orange County PLSA 3645 SHEET 2 OF 6 Phone 858.259.8212 I www olsaengineering.com I I � POB r T,) o� CV yFFT6 Co 0o LOT 5 m ,MAP 7578/ N u) LOT 4 o o co � 0 o Z 0 T LOT 3 LOT J-0- � A LEGEND LOT 1 EXHIBIT "B" PLAT NE 1/4, NE 1/4 SEC 2, T14S R2W, SBM (N 87°29'23" W 1331.18') LOT 6 LOT 7 MAP LOT 8 LOT 2 �sy AFT S LOT 10 LOT 9 S, yF��g (N 87°03'37" W 1353.17') MAP 12880 I NW 1/4, NW 1/4 SEC 2, T14S R2W, SBM I / MAP 14091 Oq Cl) d1 m - M SW 1/4, NW 1/4 o SEC 2, T14S R2W, SBM 0 z ARCHAEOLOGICAL OPEN SPACE EASEMENT PER MAP LOT B MAP PROPERTY LINE — — ADJOINING PROPERTY LINE RIGHT-OF-WAY LINE V 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 I ASSOMMS w E EASEMENT San Diego I Encinitas I Orange County PLSA 3645 s SHEET 3 OF 6 Phone 858.259.8212 I www.plsaengineering.com N 75-39-25" W r 88.00' CV 1 L o CO 0 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 0 LOT 9 N w bo N r\ LO o N 0 Z EXHIBIT "B" PLAT LOT 8 N 89°58'59" W 81.77' L=71.05' R=108.00' D=37°41'45" S 52'19'16" W 36.63' N 00°01'01" E 30.08' N 06°13'03" E 21.60' N 12°25'05" E 39.85' - N 00°09'59" E 16.78' J N 51'14'10" W 50.58' L=157.08' R=100.00' D=90°00'00" LOT 10 N 87°03'37" W 177.60' S01 °06'36"E 50.13' < PASCO LARET SUITER SCALE = 1" = 100' N OPEN SPACE � Q��O��Q��� w E EASEMENT San Diego I Encinitas I Orange County PLSA 3645 S SHEET 4 OF 6 Phone 858.259.82121 www.plsaengineering.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" A 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' -!` - L=29.04' N 88058'09" E 496.67' ---,P - D=87°34'32" L=53.79' R=92.00' D=33°29'58" LOT 8 N 04°47'34" W 84.15' N 15°04'51" W (R) L=96.60' D=55°20'49" L=69.33' R=1030.76' D=3°51'13" N 84°56'14' E 566.17' 344,49' 221.68' L=42.53' N18°53'45"W(R) 1030.76'RAD D=24°21'54" L=51.17' R=22.38' N18°56'04"W(R)22.38'RAD D=131 °00'37" S30°37'17"W(R)640.67'RAD S30°05'38"W(R)22.38'RAD N 25°25'00" E (0 LOT 9 20' R=640.67' L=122.83' R=115.00' D=5° 12' 17" D=61 ° 11'48" N 75°39'25" W � LOT 2 88.00' w r co 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°30'411' W (R) PASCO LARET SUITER SCALE = 1" = 100' N OPEN SPACE A ASSOMATES w E EASEMENT San Diego I Encinitas I Orange County PLSA 3645 s SHEET 5 OF 6 Phone 858.259.8212 I www.plsaengineering.com EXHIBIT "B" PLAT L=164.31' R=104.00' S87'29'23"E 1331.18' �L. D=90'31'28" CV N 46'24'47" W 63.61' N LOT 6 0 0C3 �N L=101.50' R=100.00' z C? ^h�' D=58'09'16" N 25'55'33" W (R) L=147.95' R=103.00' N 11044'30" E 19.66' D=82'18'04" S 89050'05" W 15.11' L=55.71' R=25.00' D=127040'03" 3�,5 L=101.13' N 33'37'29" W o f D=56'15'26" 78.49 L=46.82' 6 D=26'02'38" LOT 5 LOT 7 LOT 8 PASCO LARET SUITER OPEN SPACE SCALE = 1" = 100' �a 2 EASEMENT A QSSO�UAM W E San Diego I Encinitas I Orange County PLSA 3645 s SHEET 6 OF 6 Phone 858.259.82121 www.plsaengineering.com