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Open Space Easement 2024-00355242/13/24, 10:57 AM Batch 17009065 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 Number: 322-041-18-00 PROJECT NUMBER: MDRA21-005/ACP24-0002 DOC# 2024-0035524 IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Feb 13, 2024 10:23 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 Select Investment Group 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, except for purposes of installing and maintaining septic fields approved by the San Diego County Department of Environmental health, and subject to revegetation and maintenance of native habitat per an approved landscape plan with the City of Poway and to the satisfaction of the Director of Development Services. 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/17009065 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 Number: 322-041-18-00 PROJECT NUMBER: MDRA21-005/ACP24-0002 OPEN SPACE EASEMENT No Documentary Transfer Tax Due — Pursuant to R & T Code 11922 Select Investment Group 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, except for purposes of installing and maintaining septic fields approved by the San Diego County Department of Environmental health, and subject to revegetation and maintenance of native habitat per an approved landscape plan with the City of Poway and to the satisfaction of the Director of Development Services. 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 _7 day of & • i- ^ 12024 OWNER: Select Investment Group LLC By: tli Wahid Hamidy, Manager (Signature must be notarized) Approved as to Form: Office of the City Attorney By: 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 On ba IC)-1 i aoay before me,ASh Q 1C��DS C\ , Nh 4Gk� 1w6l,C Date b4re Insert Name and Title of th Officer personally appeared UC\�`C�� Nome(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. �4SHLEY R. TAPIA Notary Public - California i San Diego County Commission # 2475484 My Comm, Expires Dec f, 2C27 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true anSLc-o.Crect. WITNESS my hand Signatu ArE\v lr1L ial seal. Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on 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: Sato-Alaoa!-{ (date of grant document) from Select Investment Group 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. Dated: 2 "{ 2 OF POI - CITY OF POWAY By: F(ob4ft J. Manis Director of Development Services EXHIBIT `A' LEGAL DESCRIPTION OPEN SPACE EASEMENT ALL THAT PORTION OF PARCEL 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 4672, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 23, 1976. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY INTERSECTION BETWEEN THE CORNER OF SAID PARCEL 1 AND THE SOUTH LINE OF A 60 FOOT PRIVATE ROAD EASEMENT AS SHOWN ON PARCEL MAP NO. 4672, THENCE ALONG THE SOUTHERLY LINE OF SAID 60 FOOT PRIVATE ROAD EASEMENT ALSO BEING THE BOUNDARY LINE OF SAID PARCEL 1 SOUTH 89008'08" EAST A DISTANCE OF 28.67 FEET, THENCE ALONG THE BOUNDARY LINE OF SAID PARCEL 1 SOUTH 00051'52" WEST A DISTANCE OF 5.71 FEET, THENCE LEAVING SAID BOUNDARY LINE SOUTH 85050'20" EAST A DISTANCE OF 32.71 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 28°18'03" EAST A DISTANCE OF 10.18 FEET TO THE BEGINNING OF A NON -TANGENT 61.25 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL OF WHICH BEARS NORTH 84034'02" EAST, THENCE ALONG SAID CURVE A DISTANCE OF 33.09 FEET THROUGH A CENTRAL ANGLE OF 30057'08", THENCE SOUTH 01003' 16" WEST A DISTANCE OF 18.27 FEET, THENCE SOUTH 19 038'54" EAST A DISTANCE OF 28.31 FEET, THENCE NORTH 81039'28" EAST A DISTANCE OF 19.66 FEET, THENCE NORTH 23033'49" WEST A DISTANCE OF 27.83 FEET, THENCE NORTH 05034'28" EAST A DISTANCE OF 22.81 FEET, THENCE NORTH 28018'03" WEST A DISTANCE OF 29.59 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A DRAWING LABELED EXHIBIT `B' AND BY REFERENCE IS MADE PART THEREOF. CONTAINING AN AREA OF 0.03 ACRES OR 1,141 SQUARE FEET MORE OR LESS. 13 kL LAND JOHN S. FFEY "� ��� DATE ° -1- �0 LS 8733 EXPIRES 12/31/24 * No. 8733 s9T� OF C AOF ���\� SITE IRON M� EXHIBIT MOUNTAIN DRIVE B' �gMjyo RANCH POWAY CA 92064 4op MOUNTAIN APN: T� T�tiA Q DRIVE W 322-041-18-00 RANCHO PENAS 0 BASIS OF BEARINGS: 15 EAST LINE OF PARCEL 1 POWAY PER PM 4672. 0 100 200 I. E. N 10'2422 V I p SITE SCALE: I"-100' LINE DATA TABLE CURVE DATA TABLE VICINITYMAP ID BEARING LENGTH ID DELTA LENGTH RADIUS RADIAL NO SCALE L 1 S89'08'08 "E 70.72' Cl 30'57'08" 33.09' 1 61.25' R 1 N84'34'02'E L2 S00'51 '52V 20.00' L3 S89'08'08 "E 28.67' / L4 N 1624'50 "E 31.16' L3 / L5 N89'06'00 "W 31.45' L6 S85'50'20"E 32.71' L7 S28' 18'03 E 10. 18' —� L8 SO1'03'16V 18.27' L6 / INDICATES 60' PRIVATE L9 S19'38'54'E 28.31' ROAD EASEMENT AS L 10 N81 '3928 "E 19.66' SHOWN ON PARCEL L l l N23'33'49 "W 27. 83' DETAIL A' MAP 4672 L 12 N05'3428 "E 22.81 ' SCALE 1 "_ 1 0'kL E DETAIL 'A' L 13 N28' 18'03V 29.59' l / _N89'11'52V IR011�1Y10TINTY1I1VO. B 202.12' DRI'EINDICATES OPEN SPACEIzEASEMENT DEDICATED HEREON L1`n N ti Pf1RCEL.1 PAP,CEL. 2 PM 4672 � PM 4672 1 1 � S. CO,S&'A,c N 81'50'41 E a 'c N 89'3958" W R ��159.09' Pf1RCEL 3 * * 165.70' —� 10ti.19 PM 4672 No. 8733 267.28 Q PARCEL 4 OF CA`1F0��\ / PI 4672 \ PROJECT: HAMIDY RESIDENCE REFERENCES: PROJ OPEN SPACE EASEMENT R. W.NOO ________ __ MDRA N0. _2_1_ 005TAX PAR. 322—_0_41= 18 BASE MAP __— SCALE: 1 " = 100' KM:COFFEY ENGINEERING, INC. DATE.• OCTOBER 04_ 2023