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Open Space Easement 2023-027075310/6/23, 8:33 AM Batch 16441447 Confirmation DOC# 2023-0270753 RECORDING REQUEST BY: ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllll 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 QaOFESS/O\ PREPARED BY: � �p.M C NO 33730 2 WILLIAM C. EN, RCE 33730 sr ClV1�- P OF C PAGE 2 OF 2 PAGES I I ' Q�kpFESS/0 Z Z wNO 33730 m X clw- 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