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Open Space Easement 2024-00232791/29/24, 10:56AM Batch 16948263 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. 321-031-23 M D RA21-003 DOC# 2024-0023279 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll11 Jan 29, 2024 10:27 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 6 (This space for Recorder's Use) OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Farzad Fathi, 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 covenants 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. hftps://gs.secure-erds.com/Batch/Confirmation/16948263 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. 321-031-23 M DRA21-003 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Farzad Fathi, 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 covenants 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. ED this day o202/Z/ FarzftFatM/Owner (Signature must be notarized) Approved as to Form: Office of the City Attorney nE',C,L,( By: 1 ;, Alan Fenstermacher, City Attorney CALIFORNIA 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 1 County of Scxc-� -Z)-eg 0 J} On Jc,rU 1 allay before me, ?--1cmD%C\ , Sub\\CG 9 to ere Insert Name and Title of thJ Officer personally appeared F-a, lc\( f 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. I certify under PENALTY OF PERJURY under the ASHLEY R, TAPIA laws of the State of California that the foregoing / Notary Public . California iP/, San Diego County paragraph is true and correct. Commission 72475484 My Comm, Expires Dec 5; 2027 WITNESS my hand and offi ' seal. Signature Place Notary Seal and/or Stamp Above Signature of 4otary Public 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association 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: 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: 01 11% 1AO'aLA Farzad Fathi (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: �LZ � ✓��Y O> >nc (r',t f: CITY OF POWAY � r .r 4Sei" By: Fob rt J. ManisDirector of Developme EXHIBIT A LEGAL DESCRIPTION Open Space Easement A portion of Parcel 2 of Parcel Map No. 16687, in the City of Poway, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, November 18, 1991 described as follows: Beginning at the northerly most corner of said Parcel 2; thence South 70"04'41" East along the northerly most line of said Parcel 2 a distance of 46.00 feet; thence South 20°22'55" West along the easterly most line of said Parcel 2 a distance of 39.35 feet; thence South 60'56'11" West leaving said easterly most line a distance of 61.39 feet; thence South 49°07'40" West a distance of 77.24 feet to the beginning of a tangent curve to the left; thence on said curve to the left having a radius of 158.00 feet and a central angle of '16'11'57" an arc distance of 44.67 feet; thence on a tangent curve to the right having a radius of 162.50 feet and a central angle of 13°58'30" an arc distance of 39.64 feet; thence on a tangent curve to the right having a radius of 56.25 feet and a central angle of 43°46'33" an arc distance of 42.98 feet; thence on a tangent curve to the right having a radius of 135.00 feet and a central angle of 18048'52" an arc distance of 44.33 feet; thence on a tangent curve to the left having a radius of 37.00 feet and a central angle of 4701321"an arc distance of 30.49 feet; thence on a tangent curve to the left having a radius of 108.50 feet and a central angle of 14°4633" an arc, distance of 27.98 feet; thence on a tangent curve to the right having a radius of 150.00 feet and a central angle of 24°11'55" an arc distance of 63.35 feet; thence South 71 °41'40" West a distance of 12.46 feet; thence North 00°06'54" East on a line easterly of and parallel with the westerly line of said Parcel 2 a distance of 27.68 feet; thence North 35021'08" East a distance of 67.18 feet to a point of the northerly line of said Parcel 2; thence North 59034'23" East on said northerly line a distance of 349.98 feet to the point of beginning. Said parcel contains 28,998 square feet, more or less. This real property description is baked on record information and a boundary survey was not performed. This real property description has been prepared by me, or under my direct supervision, in conformance with the Professional Land Surveyors Act. L ANO ��\opN p Signature: 41 Zo Brian D. Harp, P.L.S * LS-8535 Date: 01'i ,"12023 ���rf of CA1�F°���� a t ZS D D n � m m D N \ Vi \ m N ,� o m ,O00 > z m z ---I c) oo m Lnz> m r� Cij i W n O O � — Z � O O O m Mn .C) C) W z r 0 O S*PROFe, i c� n v �,. C� C7 a m O � o l� " *NOI�P� N cu r r � Q7 W r UJ 7 � 7 m � 0� OD � .Np (W❑ Cn J � o � � cWJ, o o � o � v� -P � cn � w � rri ri m 000 pp tDN N rn p O o �"' U) �r,.i m �� Z �Qo rn-o z OD � �' 'D �o s �� o m � o c� c v ❑�i (r -P W N � N N � W V O ;P �❑ P 7 W 0 � (WT Oo cam❑ 00 -P �I j < cn o �'' w U' rn o cn 0 0 00 �' m 0 0� o� o oo m w w � .A � rn rt 6) W C70 � 00 j ❑ (P W N on W W Cn w w N w o �