Open Space Easement 2023-027075310/6/23, 8:33 AM Batch 16441447 Confirmation
DOC# 2023-0270753
RECORDING REQUEST BY: )
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Oct 05, 2023 04:33 PM
OFFICIAL RECORDS
CITY OF POWAY )
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
WHEN RECORDED MAIL TO: )
FEES: $107.00 (SB2 Atkins: $75.00)
PCO : N/A
PAGES: 7
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorder's Use)
APN: 322-011-09
PROJECT NUMBER: MDRA20-019
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due — Pursuant to R & T Code 11922
Ho Enterprises, L.L.C, PROPERTY OWNER, hereinafter called GRANTOR, does hereby grant, convey
and dedicate to the CITY OF POWAY, a political subdivision 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-erds.com/Batch/Confirmation/16441447 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)
APN: 322-011-09
PROJECT NUMBER: MDRA20-019
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due — Pursuant to R & T Code 11922
Ho Enterprises, L.L.C, PROPERTY OWNER, hereinafter called GRANTOR, does hereby grant, convey
and dedicate to the CITY OF POWAY, a political subdivision 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
Owner or Authorized Agent:
YING GU SUN
=* *= My Notary ID # 130964973
Expires January 17, 2025
Eric Ho, President of Ho Enterprises, L.L.0 ii--
(Signature must be notarized) ;"C�y
Approved as to Form:
Office of the City Attorney
By:
Alan Fenstermacher, 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: (date of grant document) from (Grantor) to the City of
TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT
Civil Practice & Remedies Code § 121.007
The State of Texas
Before me,
Count of Nor- f�� U
Name and Character of Notarizing Officer,
e.g., `John Smith, Notary Public"
on this day personally appeared
Fl,_I C ,
Name of Signer
� known to me
O proved to me on the oath of
O�F�9l�l Tl A�
Name of Credible Witness
®(proved to me through
Description of of Identity Card or Document
to be the person whose name is subscribed to
the foregoing instrument and acknowledged
to me that he/she executed the same for the
YING GU SUN purposes and consideration therein expressed.
.; My Notary ID # 13oW973
Expires January17,2025 Given under my hand and seal of office this
•,7rE•OF tiff+.
<i
day of _ ✓�e�-� Z.2�
Day // Month Year
Place Notary Seal and/or Stamp Above Signature of Notarizing Officer
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:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
:sy. -r..-� :FK�ti'?II. :'%:tr ^ 'eY:`r r' ;:�s�:' •:+::ti�`:�:v :��cr 2;7a' ::iv.. v'a;;.t.Ena.'
National• • •
This is to certify that the interest in real property located in the City of Poway conveyed by the Open Space
Easement Deed dated: "7—tS'U)23 (date of grant document) from Ho Enterprises, L.L.0 (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:
G,t i OF PO(1 9Y
A
rr„IN' THEpeCCJ
CITY OF POWAY
By:
Ro ert J. Manis
Director of Development Se ' es
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
A STRIP OF LAND 50.00 FEET IN WIDTH LYING WITHIN PARCEL 4 OF PARCEL
MAP NO. 18327 IN THE CITY -OF POWAY, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1999, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 4, SAID POINT
OF BEGINNING BEING THE BEGINNING OF A 10,082.36 FEET RADIUS CURVE
CONCAVE EASTERLY, THE RADIAL LINE TO SAID POINT OF BEGINNING
BEARS SOUTH 78041'04" WEST FROM CENTER OF SAID CURVE; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL 4, AND SAID CURVE
THROUGH AN ANGLE OF 04026'40", A DISTANCE OF 782.09 FEET THENCE
TANGENT TO SAID CURVE, AND CONTINUING ALONG THE EAST LINE OF
SAID PARCEL 4, SOUTH 15°45'36" EAST, 290.07 FEET TO THE BEGINNING OF
A NON -TANGENT 68.00 FEET RADIUS CURVE CONCAVE NORTHWESTERLY,
THE RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH
60°31'02" EAST FROM CENTER OF SAID CURVE; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 43°00'12", A DISTANCE OF
51.04 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 4 SOUTH
72028'48" WEST, 58.46 FEET; THENCE SOUTH 74°28'48" WEST, 95.00 FEET;
THENCE SOUTH 58028'48" WEST, 21.54 FEET; THENCE SOUTH 80°28'48"
WEST, 636.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4;
THENCE LEAVING THE SOUTHERLY LINE AND ALONG THE WEST LINE OF
SAID PARCEL 4 NORTH 6005' 45" WEST, 50.09 FEET TO A POINT ON A LINE
PARALLEL WITH AND 50.00 FEET NORTH, MEASURING AT RIGHT ANGLES,
OF THE SOUTH LINE OF SAID PARCEL 4; THENCE ALONG SAID PARALLEL
LINE NORTH 80028'48" EAST, 623.29 FEET; THENCE NORTH 58°2848" EAST,
18.85 FEET; THENCE NORTH 74°28'48" EAST, 10 1. 15 FEET; THENCE NORTH
72028'48" EAST, 54.92 FEET TO A POINT ON A LINE PARALLEL WITH AND 50
FEET WEST, MEASURING AT RIGHT ANGLES, OF THE EAST LINE OF SAID
PARCEL 4; THENCE ALONG SAID PARALLEL LINE NORTH 15°45'36" WEST,
259.86 FEET TO THE BEGINNING OF A TANGENT 10,136.36 FEET RADIUS
CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 04028'22", A DISTANCE OF 790.96 FEET TO A POINT
ON THE NORTH LINE OF SAID PARCEL 4; THENCE ALONG SAID NORTH LINE
NORTH 87023'26" EAST, 50.25 FEET TO THE POINT OF BEGINNING.
TOTAL AREA IS 94,647 SQUARE FEET (2.173 ACRES), MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON PARCEL MAP NO. 18327.
PAGE 1 OF 2 PAGES
ATTACHED HERETO IS A DRAWING LABELED EXHIBIT " B" AND BY THIS
REFERENCE MADE A PART HEREOF
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PREPARED BY: � �p.M C
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WILLIAM C. EN, RCE 33730
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PAGE 2 OF 2 PAGES
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EXHIBIT'B'
OPEN SPACE EASEMENT PLOT
PARCEL 2 1\187°23'26"E �
50.25'
R=10,136.36'
A=04'28'22"
L=790.96'
PARCEL 4
501
/- R=10,082.36'
A 0=04°26'40"
\ L=782.09'
OPEN SPACE EASEMENT—`
DEDICATED HEREON
94,647 SQ.FT.
2.173 AC
S60'31'02"E(R)
on
S17'30'50"E(R)
I o L5 L6
,IF 623.29,
Nap°2a, 48-�rT,
NU6'U5-45 W RQAp
50.09' �\ 80 28, 48„W 636 p0,
o POW AY s
LINE TABLE T
L1:
S15'45'36"E
290.07'
L2:
S72°28'48"W
58.46'
L3:
S74'28'48"W
95.00'
L 4:
S58°28'48"W
21.54'
L5:
N58°28'48"E
18.85'
L6:
N74°28'48"E
101.15'
L7:
N72°28'48"E
54.92'
L8:
N15*45'36"W
259.86'
r I LZ \_ C
- L4
CURVE TABLE
---------------------------
Cl: R=68.00', ANGLE=43*00'12", L=51.04'
LEGEND
®-®®PROPERTY LINE
NEW EASEMENT LINE
RIGHT OF WAY
CENTER LINE
=771 NEW EASEMENT HATCH
San Diego County
I IIIII'll'I (IIII IIII IIII IIII' IIII
IIII
Transaction #: 7414126
Receipt #: 2023351916
JORDAN Z. MARKS
Assessor/Recorder/County Clerk
1600 Pacific Highway Suite 260
Cashier Date: 10/06/2023
Print Date: 10/06/2023 11:02
am
P. O. Box 121750, San Diego, CA 92112-1760
Cashier Location: CV
Tel. (619) 237-0502 Fax (619) 557-4155
www.sdarcc.Qov
CITY OF POWAY
Payment Summary
Total Fees: $0.00
CITY CLERK'S OFFICE
Total Payments:
$0.00
13325 CIVIC CENTER DR
Balance:
$0.00
POWAY, CA 92064
Payment
NO CHARGE PAYMENT
$0.00
Total Payments
$0.00
Recorded Item
OFFICIAL RECORD -1
Document#: 2023-0270753 Date: 10/05/2023 4:33PM
Pages:
Total Fees Due:
$0.00
Grand Total - All Documents:
$0.00
Page 1 of 1