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Open Space Easement 2023-01453886/5/23, 9:23 AM Batch 15819454 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. 277-171-22 DOC# 2023-0145388 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jun 05, 2023 08:54 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 7 (This space for Recorder's Use) OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 New Pointe Investments 52, 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. https://gs.secure-recording.com/Batch/Confirmation/l5819454 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. 277-171-22 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 New Pointe Investments 52, 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 , 2023 Ne Pointe Investment 52, LLC, Owner %Y%r (Signature must be notarized) Ks e Prer�c(Pn % Approved as to Form: Office of the City Attorney By: Alan Fenstermacher, City Attorney 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 May 18, 2023 before me, Yvonne Mannion, Notary Public Date Here Insert Name and Title of the Officer personally appeared Tyler Sandstrom 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. *MY YVONNE MANNIONNotary Public - California San Diego County > Commission # 2363699 Comm. Expires Jul 1, 2025 r 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. i Signature0 ti 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 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 n Other: Signer Is Representing: 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 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: A I $ ZoZ3(date of grant document) from New Pointe Investments 52, 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. CITY OF POWAY Dated: —4%10V/ By: C �Vyr C��"IN.-THE GOJ EXHIBIT "A" OPEN SPACE EASEMENT Pf-;1 E7 (-_ iE u v t�; THAT PORTION OF TI-IE REMAINDER PARCEL IN THE CITY OF POSIVAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON P„RCEL MAP NO. 17433, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OC T OBER 14, 1994 AS FILE NO. 1994-0605766, DESCRIBED AS FOLLOWS. - COMMENCING AT THE MOST NORTHERLY CORNER OF SAID REMAINDER PARCEL; THENCE SOUTHERLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, SOUTH 39°18'15" IRIEST (RECORD SOUTH 39'31'46" VIEST) 485.43 FEET TO THE BEGINNING OF A NON -TANGENT 2031.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY HAVING A RADIAL BEARING OF SOUTH 40'40'21" EAST; THEIJCE LEAVING SAID NORTHWESTERLY LINE, NORTIEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'58'32" A DISTANCE OF 211.82 FEET TO THE :-�Oysd T OF THENCE CONTINUING NORTHEASTERLY ALONG SAID 2031.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 04'02'52" A DISTANCE OF 143.48 FEET; THENCE NORTH 39'18'15" EAST 61.11 FEET; THENCE NORTH 69'56'09" EAST 10.50 FEET; THENCE SOUTH 67'57'37" EAST 9.69 FEET TO THE EASTERLY LINE OF AFOREMENTIONED REMAINDER PARCEL; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00'27''13" WEST 741.64 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 51'57'33" WEST 106.10 FEET TO THE BEGINNING OF A 35.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47'03'36" A DISTANCE OF 28.75 FEET; THENCE NON -TANGENT TO THE PREVIOUS CURVE, SOUTH 78'31'48" WEST 115.22 FEET; THENCE SOUTH 84'32'3'1" WEST 83.77 FEET TO THE BEGINNING OF A NON -TANGENT 113.07 FOOT RADIUS CURVE CONCAVE NORTHEAST HAVING A RADIAL BEARING OF SOUTH 38'28'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44'37'52" A DISTANCE OF 88.07 FEET; THENCE NON -TANGENT TO THE PREVIOUS CURVE, NORTH 02'39'57" EAST 54.98 FEET; THENCE NORTH 10°09'04" EAST 86.37 FEET; THENCE NORTH 20'37'49" EAST 75.59 FEET; THENCE NORTH 40°05'05" EAST 48.34 FEET; THENCE NORTH 51'54'54" EAST 52.21 FEET; THENCE NORTI-136'52'25" EAST 55.53 FEET; THENCE NORTH 19'46'02" EAST 154.93 FEET TO THE F-0€H T OF BEGINt',NNG. AS SHOWN 01\1 E)CHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF AREA = 160,668.2 SQ. FT. / 3.688 ACRES JaKe U. Logan, I -Lb 9042 Date ,i LAND S��\ JAKE D. LOGAN NNo.9042 i Op C AX-�Fi� EXHIBIT "B" OPEN SPACE EASEMENT DETAIL 'A' NOT TO SCALE ,1 ro w C2) LEGEND: RECORD DATA PER TRACT MAP:21-004. FINAL MAP IN PROCESS R2 RECORD DATA PER PARCEL MAP NO. 17433 P.0.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING SEE DETAIL'A' 1L�\ OPEN SPACE EASEMENT AREA �1 4 ) DESCRIBED IN EXHIBIT "A" � \ �6�. \ 76, AREA = 160,668.2 SQ. FT. ��?�4 �8 �� 3.688 ACRES ma's �v 0�>)co ��JJ o �o �CRJJ O N obi PARCEL MAP 1743ry to REKQ n2l O ADD ER PARCEL LINE TABLE: c,®ac, L/A L1— (N 03'25'37" E 27.66') L2— (N 76*01'11" E 163.25') — _(N84'16'06" W (R)) 1-3— (N 13'58'49" W 52.00') — L4— (S 76-01'11" W 115.86') �---(N 05'43'54" E 140.34) CURVE TABLE: Cl— (R=1000.00' L=114.91' A-=06'35'03") C2— (R=226.00' L=3.88' 6=00'58'57") �O SANDS p 009 Lam-. J TJ n L.S. 9042 .A yT� 0F C (N 82'54'15" W 77-15 SHEET 1 OF 2 SHEETS P.Q.C. i�(L1) z w �w w 4� Z Q Q w� 00 U- N z w 0 =Z V) 0-1 w¢ V)m 200 100 0 200 400 SCALE IN FEET SCALE: 1" = 200' JAKE D. LOGAN, PLS 9042 EXHIBIT "B" SHEET 2 OF 2 SHEETS OPEN SPACE EASEMENT P-0 -C7L6 L7 IDENTICAL POINT LEGEND: S 50-41-45- E (R) OPEN SPACE EASEMENT AREA - - - - - - - - DESCRIBED IN EXHIBIT "A" R=2031.00' V P.O.C. POINT OF COMMENCEMENT A--04'02'52"----,,* P.O.B. POINT OF BEGINNING %P L=143.48' (R) RADIAL LINE V, P.O.B. rl LINE TABLE: 1-5- N 3918'15" E 61.11' 1-6- N 69*56'09" E 10.50' 1-7- S 67'57'37" E 9.69' L8- N 10'09'04" E 86.37' L9- N 20'37'49" E 75.59 , Ll 0- N 40*05'05" E 48.34' Lll- N 51'54'54" E 52.21' Ll 2- N 36*52'25" E 55.53' Go -j N 02*39'57" E 54.98' R= 113.07' A---44'37'52" L=88.07'