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Open Space Easement 2023-01262265/15/23, 11:34 AM Batch 15730377 Confirmation RECORDING 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: 321-271-51 DOC# 2023-0126226 IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII May 15, 2023 10:39 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) POOR: N/A PAGES: 8 (This space for Recorder's Use) OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 William Bourgeois, 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 '23 day of 05 .2023 William Bourgeois , Owner (Signature must be notarized) https://gs.secure-recording.com/Batch/Confirmation/l 5730377 1 /2 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 (This space for Recorder's Use) Assessor Parcel No: 321-271-51 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 William Bourgeois, 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 2023 William Bourgeois , Owner (Signature must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 March 23, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer William Bourgeois 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. ,E';;;°.`,:l � YVONNE MANNION �" Notary Public • California i f ` San Diego County > Commission # 2363699 ^�L��ORR`* My Comm. Expires Jul 1, 2025 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 ,V e Signature of Notary Public Place Notary Seal Above OPTIONAL 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: Open Space Easement APN: 321-271-51 Document Date: 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 Fi Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Approved as to Form: Office of the City Attorney By: - �,&A" Ala enstermacher, City Attorney 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: 3 1 23 023 (date of grant document) from William Bourgeious (Grantor) to the City of Poway, (Grantee), a political c rporation 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: P23 G,t l OF PO[Pi91 yE' /Ty, IN THE aCCJ CITY OF POWAY By: X� Id '-i') o ert J. Manis Director of Development Servfses EXHIBIT `A' OPEN SPACE EASEMENT APN 321-271-51 ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP 21430,, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23, 2016 AND AMENDED BY CERTIFICATE OF CORRECTION FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 28, 2017 AS DOC. No. 2017-0191850 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 05-31'21" WEST 172.72 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY AND WESTERLY, A RADIAL BEARS SOUTH 30059'59" EAST; THENCE LEAVING SAID WESTERLY LINE, NORTHEASTERLY 76.96 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44005'48" TO THE POINT OF BEGINNING, A RADIAL BEARS SOUTH 75005'47" EAST; THENCE CONTINUING ALONG THE ARC OF SAID 100.00 FOOT RADIUS CURVE NORTHERLY 66.19 FEET THROUGH A CENTRAL ANGLE OF 37055'33"; THENCE NORTH 23°01'21" WEST 27.00 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 100.00 FEET, CONCAVE WESTERLY, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 47.40 FEET THROUGH A CENTRAL ANGLE OF 27009'20" TO AN INTERSECTION WITH A NON -TANGENT LINE, SAID LINE BEING THE EASTERLY LINE OF THE 20.00 FOOT WIDE EXCLUSIVE EASEMENT FOR WATERLINE PURPOSES DEDICATED TO THE CITY OF POWAY ON SAID PARCEL MAP; THENCE ALONG SAID EASTERLY LINE, NORTH 05-31'21" WEST 54.19 FEET TO THE BEGINNING OF A NON -TANGENT 58.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL BEARS SOUTH 23°43'30" EAST; THENCE LEAVING SAID EASTERLY LINE, NORTHEASTERLY 46.97 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46023'43" TO AN INTERSECTION WITH A NON -TANGENT LINE, THENCE ALONG SAID NON -TANGENT LINE, NORTH 43043'39" EAST 10.79 FEET; THENCE NORTH 76043'39" EAST 49.45 FEET; THENCE SOUTH 17016'21" EAST 42.76 FEET; THENCE SOUTH 15°31'21" EAST 56.09 FEET; THENCE SOUTH 13°31'21" EAST 76.44 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 65.00 FEET, CONCAVE EASTERLY; THENCE SOUTHERLY 40.68 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35051' 15" TO AN INTERSECTION WITH A NON -TANGENT LINE, THENCE ALONG SAID NON -TANGENT LINE, SOUTH 73°47' 19 WEST 109.23 FEET TO THE POINT OF BEGINNING. CONTAINS 0.456 ACRES, MORE OR LESS PARCEL B BEGINNING AT THE ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID PARCEL 2, LYING AT THE INTERSECTION OF THE FOLLOWING TWO LINES: NORTH 10031'21" WEST AND NORTH 50031'21" WEST; THENCE LEAVING SAID ANGLE POINT, SOUTH 73°47' 19" WEST 47.57 FEET TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARS NORTH 88010'52" EAST; THENCE NORTHERLY 67.62 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38044'26" TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARS SOUTH 66°03'01" EAST; THENCE NORTHERLY 79.50 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45033'04" TO THE BEGINNING OF A NON -TANGENT 115.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARS SOUTH 60058'00" EAST; THENCE NORTHERLY 72.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36020'31" TO A NON -TANGENT LINE; THENCE ALONG SAID NON -TANGENT LINE, NORTH 80°13'39" EAST 17.77 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, SOUTH 10-31'21" EAST 202.84 FEET TO THE POINT OF BEGINNING. CONTAINS 0.193 ACRES, MORE OR LESS THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL MAP No. 21430 i.e. NORTH 88°43'57" WEST Frederick R. LePage, PLS 7524 IANL LA/AVID a � NO.7524 CAL EXHIBIT 'B' OPEN SPACE EASEMENT PARCELS 'A & B' A APN 321 -271 -51 D L S M PARCEL 68136-A FEE TITLE GRANT TO THE COUNTY OF SAN DIEGO RECORDED APRIL 24. 1973 AS FILE/PAGE No. 73-108328 O.R. POR. SOUTH HALF OF NW1,4 R.S. 1713-3 n SEC 8 T14S R1W SBM R.S. 472 54' S9" =513 2 R14 r / - 'B' 7, Rr PARCEL /Q / `/ 46 \-5 r OFto �Z RO R N OPEN / SPACE / �/ pNCNO OE '41 j EASEMENT /QQQ/ o 2 �� - m 0.193 Ac. /�/ P Np, m w j CO R9 pR 1 P w N �a� L2 �R3 rN R? 5 i�� F 2L) 19 P. 0. C. P.O.B. PARCEL 'A' \/ PARCEL 77- OPEN /r OPEN �6" SPACE SPACE // jQ 6 7 EASEMENT EASEMENT 9- 0.456 Ac. � „_„_ BASIS OF BEARINGS N88°43'57"W 979.59' LOT 5 SOUTHERLY LINE OF PM 21430 LOT 1 MAP7 10990 /,/ / /,/ /PAR 1 PAR 4 PM 9767 EASEMENT DATA //PM 13660 O 10' WIDE TRAIL EASEMENT DEDICATED TO THE CITY OF POWAY BASIS OF BEARINGS: ON PM 21430 < 20' WIDE WATER EASEMENT DEDICATED TO THE CITY OF POWAY IS THE SOUTHERLY LINE OF ON PM 21430 PARCEL MAP No. 21430 < RECIPROCAL ACCESS EASEMENT GRANTED OVER MILLARDS RD AND i.e. N88°43'57"W PARCEL 1. 2 & 3 ON PM 21430 EASEMENT FOR STORMWATER FACILITIES MAINTENANCE ACCESS PURPOSES GRANTED TO THE CITY OF POWAY ON DECEMBER 12, 2016 AS DOCUMENT No. 2016-0678632 OF O.R. LYING OVER ALL OF PARCEL 2 OF PARCEL MAP No. 21430 ONpL LANO hy� \CY,R.lS�� OPEN SPACE EASEMENT- COPy ,� DATE: 02/24/23 IN A PORTION OF PARCEL 2 a m a. PARCEL MAP No. 21430 * SCALE: 1" = 200' DIMENSIONS LAND SURVEYING & MAPPING NO.752A BY: FRL 782 SUNNY HILLS COURT RAMONA, CA 92065 ST4TFpFCA1\�O�a�v SHEET I OF 2 PH 760 525-1975 flepage@cox.net EXHIBIT 'B' OPEN SPACE EASEMENT PARCELS 'A & B' APN 321 -271 -51 OPEN SPACE EASEMENT DATA TABLE BEARING LENGTH RADIUS DELTA LENGTH RADIAL LINE L1 N05°31'21"W 172.72' C1 100.00' 44°05'48" 76.96' R1 S30°59'59"E(R) L2 N23°01'21"W 27.00' C2 100.00' 37°55'33" 66.19' R2 S75°05'47"E(R) L3 N05°31'21"W 54.19' C3 100.00' 27°09'20" 47.40' R3 N66°58'39"E(R) L4 N43'43'39"E 10.79' C4 58.00' 46°23'43" 46.97' R4 N39°49'19"E(R) L5 N76°43'39"E 49.45' C5 65.00' 35°51'15" 40.68' R5 S23°43'30"E(R) L6 S17°16"21"E 42.76' C6 100.00' 38°44'26" 67.62' R6 S70°07'14"E(R) L7 S15°31'21"E 56.09' C7 100.00' 45°33'04" 79.50' R7 S76°28'39"W(R) L8 S13°31'21"E 76.44' C8 115.00' 36°20'31" 72.94' R8 S40'37'24"W(R) L9 S73°47'19"W 109.23' C9 100.00' 36°51'00" 64.32' R9 N88'10'52"E(R) L10 S73°47'19"W 47.57' C10 100.00' 23°32'21" 41.08' R10 N49"26'26"E(R) L11 N80°13'39"E 17.77' C11 100.00' 19'17'47" 33.68' R11 S66'03'01"E(R) L12 510°31'21"E 202.84' R12 N68°23'55"E(R) L13 N10°31'21"W 298.16' R13 S60°58"00"E(R) R14 N82°41'29"E(R) OPEN SPACE EASEMENT - IN A PORTION OF PARCEL 2 PARCEL MAP No. 21430 DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS COURT RAMONA. CA 92065 PH 760 525-1975 flepage@cox.net ONpL LAND %CK R. sG a /I m NO.752A CAI-! DATE: 02/24/23 SCALE: 1" = 200' BY: FRL SHEET 2 OF 2