Grant of Open Space Easement 2006-0100422
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w' REC6RDlNG REQUEST 'BY- )
~ CITY OF POWAY )
) FEB 10, 2006 11 47 AM
) 1-IFFII-1L\.L F:ECOR[I'::,
IclJf\WHEN RECORDED MAIL TO' ) '.L~rJ [:lniO COUNT'I F:ECOF:[IE)-f~ OFFICE
) C11~EC1CiFI'1 ,I ':,t.,.lITH COUr'l1'"!' RECOF:[IER
rJf CITY CLERK. FEE",. n liD
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CITY OF POWAY ) F.::..GE',
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POWAY CA92074-0789 )
APN: 277-010-09
~'O~'l. OPEN SPACE EASEMENT
No Documentary Transfer Tax Due
Chris and Annette Thompson, Trustees of the Thompson Family Trust, Dated
December 5, 1992, PROPERTY OWNERS (hereinafter called GRANTORS), do 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 the property described in Exhibit
A and Exhibit B
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 anotherthing 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 1sT day of rel"rbf7 ' 2006
/2
?~ -rQU"lbG M~~~db(),
Chris Thompson, Trustee Annette Thompson, T ustee
M:\planning\peggy\mdra2005\mdra05~ 18 Thompson\open space easemenLdoc
OW -DL.L-
, .. . 5823
CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT
State of California
County of San Diego
On h'& N,-1lC'Y / 2 tJ f) &? before me, Phyllis Shinn, Notary Public
Date /.' . _ // . Name ,~laotOfflcef (e.g.. Jane Doe, Notary Public")
personally appeared c-Ihel <; /l /!2:> /I/!//-rrre: 7 //-1) Ifj~',<-'..s (!A/ ,
Ndme(s) ofSigner(s)
I
D personally known to me - OR -liplovectto me on the basis of satisfactory evidence to be the person(s)
whose name(s) ~re subscribed to the within instrument
and acknowledged to me that '~/s~they executed the
same in his/h~their authorized' capacrty(ies), and that by
_ _ _ _ _ _ _ . ~iS/h~/th~jr signature(s) on the instrument the person(s),
~@_. ..PHYlUs sHIN~.... - - J or the entity upon behalf of which the person(s) acted,
- Commission # 1450304 executed the Instrument.
~ . -. Notary PuIllIc - CaIltoinla f '
j . Son DIego County . ~ WITNESS my hand.and official seal.
. . MvComm,EllP/IeINoY9,2007 "\ jl . ~
- - - - - - X. ( ;/1
- - - - - - - ~ i) k<,/eIL .--WU??/I'
I' Signature of Notary Public
OPTIONAL
Though the information below is not-required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner":'- D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
. RIGHT THUMBPRINT, '. RIGHT THUMBPRINT
D Guardian or Conservator OF SIGNER D Guardian or Conservator OF SIGNER
o Other" Top of thumb here 0 Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary AssOCiation' 8236 ~~mmet AV9:,P:O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder; Call Toll-Free 1 800-876-$827
~ . .
5824
EXHIBIT "A"
BIOLOGICAL CONSERV A nON EASEMENT
PARCEL "A"
A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID BIOLOGICAL
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE
EASTERLY LINE OF SAID SECTION 18, NORTH 00'31'17" WEST 663.00 FEET TO THE
SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18; THENCE LEAVING SAID EASTERLY LINE OF SECTION
18, ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18, SOUTH 89'20'48" WEST 368.36 FEET TO THE
TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF NORTH
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 AND
ALONG THE SOUTHERLY LINE OF THAT PROPERTY GRANTED PER DOCUMENT NO 2002-
0321733 RECORDED APRIL 17, 2002, IN COUNTY RECORDER OFFICE OF SAID COUNTY, SOUTH
89'20'48" WEST 310.54 FEET TO THE EASTERLY LINE OF A PRIVATE ROAD AND PUBLIC
UTILITY EASEMENT GRANTED PER DOCUMENT NO 81-241158, RECORDED ON JULY 30,1981,
IN COUNTY RECORDER OFFICE OF SAID COUNTY, THENCE LEAVING SAID SOUTHERLY LINE,
ALONG THE EASTERLY LINE OF SAID EASEMENT, NORTH 00'31'17" WEST 40.00 FEET,
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID EASEMENT, SOUTH 89'20'48"
WEST 109.43 FEET, THENCE LEAVING THE NORTHERLY LINE OF SAID EASEMENT, NORTH
00'31 '17" WEST 385.28 FEET, THENCE NORTH 89'20'48" EAST 420.00 FEET TO THE EASTERLY
LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO 2002-0321733; THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID PROPERTY, SOUTH 00'31 '17" EAST 425.28 FEET TO THE
TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED AREA CONTAINS 4.000 ACRES MORE OR LESS
~~.
MARK A. BRENCICK, L.S. 7226
LANDMARK CONSULTING
40-4f'v\10RDJ4acBIOesmts.doc
.
EXHIBIT "B" - PLA T F"OR EASEMENT GRANT 5825
IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA
~ \~~ INDICA TES PARCEL "A"
~/~ INDICA TES EXIST PVT ROAD AND PUBLIC
//' // UTILITY EASEMENT, DOC NO. 81-241158.
T P O.B. INDICA TES TRUE POINT OF BEGINNING
P O.B. INDICA TES POINT OF BEGINNING
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r , GRANT
MARK A BRENCICK. LS 7226
. . 5'
-, 5826
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: February 1, 2006 from Chris and Annette Thompson, Trustees of the Thompson
Family Trust, Dated December 5, 1992, 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 34 adopted on January 20, 1981 and the grantee consents
to recordation thereof by its duly authorized officer
Dated February 6, 2006 CITY OF POWAY
Seal: BYfo),~;~