Scenic Corridor Open Space Easement 2006-0283023
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, . ,. DC)C. 20013-028:3023
R~CORDI~G' REQUEST BY:: 11l1li1111111111111111111111111111111111111111111111111111111111111111
CITY OFPOWAY )
,) APR 24 2006 9"47 AM
WHENRECORDED'MAIL TO' ) 1:fF11.loL F:EUIF:["',
) -".::.J) !;IEI;U CUllrJT'1 r::ECClF:[Jr:f=.i"- CIFFiCE
CITY CLERK) Gf:EhUF:,.1 ;I,I,IH CUUII1 , RE[:::FIL'ER
CITY. OFIWWAY) FEE~ ,,:1',
. . .. . 01 ~lp
P O;BOX 789) F'O.I~E'" b
f APN 2;7~::':'1C:n:210:4'0789) 11111111111111111111111111111111111111111111111111111111111111 11111 lllIi 1I1I1III
\j~~ Project MDRA05'59 3'04,2 2006-0283023
~ ij! SCENIC CORRIDOR OPEN SPACE EASEMENT
\ No Documentary Transfer Tax Due
patricia L and Anthony Garczynski, PROPERTY .oWNERS (hereinafter called
GRAN:rORS), are the owners of c!'lrtain real Rroperty ih the City of Poway, County of San
Diego, State of Oalifornia, .commonly known as Assessor's Parcel Numbers 277-140-11 and
1:2, (PROPEinv hereinafter) and more fully described in the,attached legal description
A portion of PROPERTY, measuring 50 feet wide from the right-of-way ofEspola Road
anqextenqing the entire street frontage ,of the prClperty (SUBJECT LAND hereinafter), is a
portio!'] 'of an open space corridor beihg established along Espola Road, a Geheral Plan
deSl9.nated Scenic Corridor
PROPERTY is or may be subject to real estate taxes, assessments, conditions and
easements, alias the same may'be of record
It is the desire:of GRANTOR andthe City of Poway; a political subdiVision of the State
of California (GRANTEE hereinafter), thaCSUBJECTLANO'remain open space
GRANTOR hereby grantstoGRANJEE a perpetual Scenic Corridor Open Space
Easement over, up,9n,across and ,under the SUBJECT LAND, and no building, structure,
interior fencing, or other thing whatsoever, ,other than theisites driveway access, underground
utility connection~" and mailbox, shall be constructed,erected, placed or maintained on
SUBJECT LAND; and
The perpetual right, but notthe:obligation, to enter upon SUBJECT LAND and remove
any buildings, structures, or other things whatsoever, other than the site's driveway access,
underground\Jtility c9n,n~ctiof)s, an.dQlailbox, which have been constructed, erected, 'placed
or maintained on ..sUBJECT LAND contrarY' to ,any term, covenant or condition of this
easement ortorepair damage resulting from a breach of ahycondition of this easement; and
The l'_~rpetui31 [igbt; but not the ,obligation, to. prevent any activity on or use of
SUBJECT LANDthi3t Lsiri90nsistent with tbe' purp9ses of this Scenic Corridor Open Space
Easement ai:ld to 'require the restbration of such areas or features of SUBJECT LAND that
may be damaged by. any, act, failure to, act, or any use that is inconsistent with the purposes
of this Scenic Corridor qpen ,Space Easement.
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Sqenic 8,orridor Open Space Easement
Garczynski 3043
Page 2 GRANTOR covenants" and agrees' for themselves and their successors and assigns
that,they shall not erect, construct, place or maintain, or permit the erection, construction,
placemi:lnt Qr maintenance of anybuildiiig or structure or other thing whatsoever, other than
the site!s driveway access" underground utility connections, and mailbox on SUBJECT LAND,
ahd
That they shall not use SUBJECT LAND for any purpose except'as open space, and
That they shall maintain and irrigate the installed landscape materials on the
SUBJECT LAND, consistent with the landscape plans on file with the City of Poway Planning
Division, in perpetuity; and
That the terms; covenants andcohditions set forth' herein may be specifically enforced
or enjoihed by proceedings in theSuperior,Court of the State of California,
The grant of this easemenl'.and 'its acceptance~y,the City of Poway shall not authorize
the public or any members thereorto use or enter upon all. or any portion .of SUBJECT LAND,
iLbeil:1g ljnderstood'that the purpose of this easement is solely to restrict the uses to which
SUBJECT LAND may be put.
This easement shall bind'GRANTOR and his successors and assigns,
DATED this l3 -#I day of Aprt' I ,2006
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Antho arczy, ki
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.. .. 3044
CALIFORNIA ALL.PURP.OSE ACKNOWLEDGMENT
.State of Ca:lifornia
County of SaIl Diego
On. Hf:<'I( / J, Z O{J & before me, Phyllis Shinn, Notary Public
- -. _ Date- ~, . /1 Name and Title 01 Officer (e.g:, Jane Doe, Notary PUbliC").
persona!ly appeared 1/1/12 fe ('7 L .-1/VJ /-I/./j}/v~1; (7.4JCC z y /'/'--l;,t' /
Name(s)of Signer(s)
['lpersbnaily known tome - OR-'t;<{eroved tome on the'basis,of satisfactory evidence to be the person(s)
whose n'ame(sr~are subscribed toth,e wjthin instrument
and acknowledged~ to me that l)efi;l<iefthey executed the
same in l!is/hj,ritheirauthorized capacity(ies), and that by
l<!iS/~rftheir signature(s).on the instrument the person(s),
.' "_.... PHVl..U5SH.. .'.NN. . or theentit~ u~on behalf of which the person(s) acted,
:;' ' , CO(II",IJsion # 1450304 executed the Instrument
~. ~.' ,Notary PublIc ,CoB_
l .' MvC"::'==.:2007! WITNESS r:ny hand,:and official seal.
- - - - -,- - - - - - - {Jf:'-Lt:, ryL7V?:J
7 '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'
(raygulen(rem'9val. and,reattachment of this 'form ,to another document.
Description of Attached'Document
Title,or . Type, of, Docu ment:
Document Date: Number of Pages:
Signer(s) Other Than Named Above'
Capacity(ies) Claimed by Sig'her{s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o CorporatecOfficer 0 Corporate Officer
Title(s): Title(s): '
o Partner ~U Limitea D. General 0 Partner - 0 Limited 0 General
o .Attorney-in,Factt 0 Attorney'in'Fact
o Trustee 0 Trustee
, RIGHT THUMBPRINT", RIGHT THUMBPRINT
o Guardian or Conservator OF SIGNER 0 Guardian or Conservator OF SIGNER
D Other- ... "Top'ol,thumb here D Other" Top of thumb here
Signer Is Represeniing: Signer Is Representing:
c ~1994 ~ati~n~i' Nobi.ry Association ~'62~' Rem;net A~e:, P:O. ~~71B;4 . Canoga Park. CA 91'309-7184p'rod. N~: 5907 Reorder: Carl ,Toll-Free 1.80o-a76-6827
fi' (' 3045X
DESCRIPTION .
Page 1
policy No 58014245 P02
PARCEL 1
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 30; THENCE ALONG THE NORTH LINE THEREOF NORTH 890 37' 5011 EAST
1307 35 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE EAST LINE THEREOF AND THE EAST LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, SOUTH 00 11' 28" EAST 553 88
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 11' 28" EAST 805 50
FEETi THENCE SOUTH 500 37' 20" WEST 484 92 FEET TO A POINT IN THE ARC OF A 1030 00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN THE NORTHEASTERLY BOUNDARY OF THAT
CERTAIN 60 00 FOOT COUNTY ROAD KNOWN AS ESPOLA ROAD, ALSO KNOWN AS ROAD SURVEY NO
335, A RADIAL OF WHICH BEARS NORTH 360 34' 57" EAST TO SAID POINT; THENCE
NORTHWESTERLY ALONG SAID CURVE AND ALONG .SAID NORTHEASTERLY BOUNDARY OF SAID COUNTY
ROAD A DISTANCE OF 60 01 FEET THROUGH A CENTRAL ANGLE OF 30 20' 17" TO THE SOUTHEAST
CORNER OF LAND DESCRIBED IN DEED TO PACIFIC IRON AND STEEL COMPANY, A CORPORATION,
RECORDED JUNE 21, 1966 AS FILE NO 101281 OF OFFICIAL RECORDS; THENCE ALONG THE
EASTERLY LINE OF SAID LAND AS FOLLOWS
LEAVING SAID NORTHEASTERLY BOUNDARY, NORTH 11 0 02' 50" EAST 341 01 FEET; THENCE NORTH
260 12/ 50" EAST 143 49 FEET; THENCE NORTH 120 23' 40" WEST 134 340 FEET; THENCE
NORTH 240 13' 00" WEST 403 84 ,FEET; THENCE NORTH 640 07' 50" EAST .263 65 FEET; THENCE
NORTH 890 48' 32" EAST 250 00 FEET TO THE POINT OF BEGINNING
PARCEL 2
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND. FOR ROAD PURPOSES, AND FOR
THE INSTALLATION, OPERATION, MAINTENANCE AND REPLACEMENT OF WATER, SEWER, TELEPHONE,
GAS, POWER AND OTHER UTILITY LINES AND APPURTENANCES IN, ON, UNDER, OVER AND ACROSS A
STRIP OF LAND 20 FEET IN WIDTH, THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID 20 FOOT
STRIP BEING DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 ABOVE; THENCE NORTHWESTERLY AND
WESTERLY ALONG THE ARC OF A 1030 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, IN THE
NORTHEASTERLY LINE OF SAID 60 FOOT COUNTY ROAD, 479 82 FEET THROUGH AN ANGLE OF 260
41' 28" AND TANGENT TO SAID CURVE NORTH 830 26' 48" WEST '14 68 37 FEET TO THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30
THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCEL 1 ABOVE
PARCEL 3
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR ROAD PURPOSES AND FOR THE
INSTALLATION, OPERATION, MAINTENANCE AND REPLACEMENT OF WATER, SEWER, TELEPHONE, GAS,
POWER AND OTHER UTILITY LINES AND APPURTENANCES IN, ON, UNDER, OVER, AND ACROSS A
STRIP OF LAND 20 00 FEET IN WIDTH, THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID 20 00
FOOT STRIP BEING DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 1 ABOVE; THENCE SOUTHEASTERLY ALONG
DES::;POL-02126/92-lrc
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, , DESCRIPTION . . 3-Dt,<S1t
Page 2
/ Policy No. 58014245 P02
THE ARC OF A 1030 00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN THE NORTHEASTERLY
LINE OF SAID 60 FOOT COUNTY ROAD, 729 51 FEET THROUGH AN ANGLE OF 28' 46' 4'8"
THE EASEMENT HEREIN DESCRIBED IS 'HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE
AND BENEFIT OF THE PRESENT AND FUTuRE OWNERS OF ALL OR ANY PORTION OF PARCEL 1 ABOVE
DESCPOL-02/26!92.lrc
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. . 3046
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CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the
Scenic Corridor Open Space Easement by Patricia L, and Anthony Garczynski,
dated April 13. 2006 , to the City of Poway, Grantee, is hereby
accepted, .by the undersigned officer on behalf of the City of Poway, pursuant to
authority conferred by Resolution No 34 of the City of Poway on January 20,1981
GRANTEE, City of Po way
By' c)~
Title, L Diane Shea, City Clerk
Authorized Representative
Date Apri 1 17. ?OO6
M:\planning\jason\Garczynski OSE.doc