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Grant of Open Space Easement 2007-0239418 ~. ~ " . DCeit 2007-0239418 ?. RECC'RDING REQUEST BY l 11111111 illllllllll\!1 11111111111111111111 IIII1 III\! 1111111111 11111111 ~~ " ,CITYOFPOWAY, l APR 1011~~I~?RWIF:~?8 PM ~n WHEN RECORDED MAIL TO) '"cH [,I[lin ,":lJI:l 1:'fCCtRUfl:'" OftU vJ' \\\.. ) I:F:LCiOH'1 .1 ',kjlTH CUUi',Jl'l RE:-! :8[IEF~ . ~~ P' CITY CLERK ) f'E j I] ULI t lJ'" ~I~;:B~~~~:'AY l 847 4 f'c,~'~':, II~, 2007-0239418 " POWAY CA 92074-0789 ) iilllll lllllUlliIIllllliiilliii 11111 Illilllllllllll lllli 11111 III 11111\111111111 APN: 323-270,06 OPEN SPACE EASEMENT No Documentary Transfer Tax Due Tania Syed, a single woman, PROPERTY OWNER (hereinafter called GRANTOR), does hereby grant, convey and dedicate to the CITY OFPOWA Y, 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 another thing on the subject land. C) GRANTOR covenants and agrees for himself and his assigns that he shall not excavate, 9lear, or place sand, soil, rock, gravel, or other m_aterial whatsoever on the subject land. No cultivation, grazing, clearing, or removal of vegetation shall be perrnitted with ttie 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 [evisedto deem the easement not necessary or not legally required or if compensating off site land is'made available to replace this easement. DA TED this 3/2-2..(V 1- day of M ~ ' 2007 ~ ~ S. K.BROWNELL lD ' COMM #1523898 0 Tania Syed NOTA.'PUBUC-CAllFORNIA )> SAN DIEGO COUNTY ... ~y.Comm Expires Novambell 2008 f M:\planning\oda\MDRAS\MDRA'04-85 Syed open space esmnt.doc o1./C5Z.. 95 .... . . 8475 . . California AIl.Purpose Acknowledgment State of Cali fomi a }ss. County of San Dieqo On 'J),))oJ (YJ{}'l C L V" II- before me, S"C /J 'fill, Jltlf \ \ IVrI ~'!l 'rJ p4 b4c edd S' .b, personally appeared -r.;:- Jr. ,(0, r e... ))? q,.Jq <:;~oJ. . 0 personally known to me ~ proved to me on the basis of satisfactory evidence - to be the person!&,) whose name~ (iibare subscribed 'S. K BROWNELL lJl COMM, #1523896 NOTARV PUBUC.cAUFORNIA ~ to t~thin instrument and aCknoWleti to me that SAN DIEGO COUN'TY ~ he/ e hey executed the same in his e thei~tho- My Comm Expire:; November I 2008 rize capacit~ and that by his! their signature~on the instrument the person~ or the en- tity upon behalf of which the person~ acte ,executed the instrument. WiTNESS my hand and official seal. <l::: P:.a!/.d't> e.4 Signature of Notary Other Information This information is not required by state law, but is helpful in preventing fraud. Type of Ackowledgment: Cfllndividual o Corporate o Partnership o Attorney-in-fact o Other' Document Identification: e:c, >,e ~ NamefType: Cr~1Y1 (; j?c,<o Date: () ;)...).,,01 lMt.." oP, ~,7 # of Pages: CJY-O Other Info: ~ Journal Entry #. Signer Information <;oe-('~ Name: ~,<, ~eeJl2q,)'1 Capacity (if corporate): eJ2005 GoLden State Notary www.GoldenSt:tteNolary.com (888) 26),'977 - . . 8476 EXHIBIT "A" OPEN SPACE EASEMENT A,P.N. 323-270-06 RELATED MDRA #04-85 LEGAL DESCRIPTION THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH,RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO LAND SURVEYED BY RECORD OF SURVEY PLAT NO 17645, RECORDED AS FILE NO 2002-168890 ON DECEMBER 20, 2002 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEASTERLY CORNER OF LAND SURVEYED BY SAID RECORD OF SURVEY NO 17645, SAID POINT BEING MONUMENTED BY A ';." IRON PIPE WITH PLASTIC PLUG STAMPED LS4451, THENCE ALONG THE EASTERLY LINE OF SAID SURVEYED LAND NORTH 03'04'36" EAST FOR 56.71 FEET, THENCE LEAVING SAID EASTERLY LINE ALONG A 252.95 FEET RADIUS CURVE, WITH A RADIUS PONT WHICH BEARS SOUTH 20'19'29" WEST, THROUGH A CENTRAL ANGLE OF 18'44'49" AN ARC DISTANCE OF 82.76 FEET, THENCE TANGENT TO SAID CURVE NORTH 88'25'20" WEST FOR 39.28 FEET TO A POINT ON THE WESTERLY LINE OF SAID SURVEYED LAND; THENCE ALONG SAID WESTERLY LINE SOUTH 00'53'21" WEST FOR 70.74 FEET TO THE SOUTHWESTERLY CORNER OF SAID SURVEYED LAND; THENCE ALONG THE SOUTHERLY LINE OF SAID SURVEYED LAND SOUTH 88'41'57" EAST FOR 116.05 FEET TO THE POINT OF BEGINNING, CONTAINS 7979 SQUARE FEET Prepared by' J 01 ~/ Mik Hamada, RCE 25586 925 Cimarron Terrace :r Escondido, CA 92029 Phone: 760-489-5834 , - . EXHIBIT "8". 8477 I I Ii I I I r-l INDICATES EASEMENT AREA 0' 20 40 60 60 100 ~ CONTAINING 7979 S,F, MORE SCAlE ," = 40' OR LESS [] INDICATES RECORD PER R,O S MAP NO, 17645, FILE NO, 2002-168890. RECORDED 12-20-02, O,R, ---- INDICATES BOUNDARY OF LAND SURVEYED BY R,O S, MAP NO, 17645 Cftl ____J~8.:.46.:~ I E'lYI\I'of ! [128,50'] -----l I i ~~.t-~. : I I .~~ :PN 323-270-06 J ! ~ ~~; & ~ I ~ 8 ~ '" !'JI",-.J , ...~ ~.~ ~~ I I 1\ &: ~ I - ~ ~ o Iq N 88'25'20' W '" , ;. Z ~ ; I' 0 /? l- . ~ -J I W I 3: POWAY ROAD .... ~ '" ~ z: PROJECT Sl~ g VICINITY MAP NOT TO SCALE ~~m~ RCE 25586 Plat to Accompany SHEET 1 925 ClMARRON TERRACE Open Space Easement OF ESCONDlllO, ('A 92029 in APN 323-270-06 1 SHEETS (760) 489-5834 . ~ 5 . . . 8478 . CERTIFICATE OF ACCEPTANCE This is to certify that the interest in reaL property conveyed by the deed or grant dated March 22, 2007, from Tania Syed, Granto[, 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: March ?R ?OO7 CITYOF POWAY Seal: BY~;~;~ M:\planning\forms\certificate of acceptance-c:ity:doc