Grant of Open Space Easement 2007-0674781
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RECORDING REQUEST BY f(P l
OCT 22. 2007 2:33 PM
CITY OF POWAY (of ) OFFICI..::..l FiECOFi[I'_,
Nf l 5755 ~.r'J [ilthn ({IUNT'I F:ECUf=-:[IER"_, OFFWE
\ WHEN RECORDED MAIL TO' I~F::EGI-iR\1 ,I '_,i~lITH CDUI'Jrl RECCiR[IEF:
., FEE'" IJ uu
CITY CLERK oerYN IJC. r.J,.:.J
) PAGES: 6
CITY OF POWAY leOn)
;;.' P 0 BOX789 ) 11~1~~lllllllllml
POWAY CA 92074-0789 )
... Assessor Parcel No. 322-011-10 I MDRA05-75 2007 -06?;4'781
" 0PEN SPACE EASEMENT ---
NO DOCUMENTARY TRANSFER TAX DUE
THIS GRANJ OF EASEMENT is entered into this /84 day of c)c;J1CJn:3E:K" 2007, by
Reed and Rita Johnson (hereinafte[ referral to as "Grantor") The City of Poway ! is
hereinafter referred to as "Grantee" GRANTOR, does hereby grant, convey and dedicate to the
CITY OF POWAY, a political subdivision of the STATE OF CALIFORNIA, an OPEN SPACE
EASEMENT to maihtain an areaf6rprotection of sensitive plant species, wildlife species and their
natural habitats over, upon and across that certain real property, totaling 1392 acres, on property
described and depicted in Exhbits A and B attached.
A) GRANTOR also grants the right to GRANTEE to enter upon the subject land and remove
ahy buildings, structures, or other things whatsoever constructed, erected, placed or maintaih'ed
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 subjectland.
C) GRANTOR covenants and agrees for himself and his assigns that he shall not elfcavate,
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 for fire fuel management purposes or the creation of a public trail as required
and approved by the City of poway Development Services Department)
D) The granting of this easemeht 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.
IN WITNESS THEREOF THE grantor hereby has executed this Easement the day and year
first herein a ve written.
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M:\planning\jason\OSE.Joh nson.doc
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CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
OR- <;;-~ /1, ZOu 7 before me, Phyllis Shinn, Notary Public
perSOriallyappeare:'"~ Jo H;t!Su #,//;1/6, '1 ~o;:;; of ":fl'f;;; ~~"~ Pob",')
Name(s) of Signer(sl
Dpersonally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Ware subscribed to the within instrument
and acknowledgectto me that ~~/they executed the
same in I'ti's/~/their authorized capacity(ies), and that by
.~ '-. - - - - - ~l-;; ;INN - - ~ h;i!>/~their signature(s) on the instrument the person(s),
_...... . Comm Ission# 1.450304 or the entity upon behalf of which the person(s) acted,
~ . .... . Notar,' Public .. Ccillf!lri11c1 f executed the Instrument.
j' San Diego COIJIlly f
. MyComm.ExpiresNOv9;2007 WITNESS my hand and offiCial seal.
------~-----
Signature of Notary Public
OPTIONAL
Though the)nformation be/ow is not required by law, if. may prove valuable to persons'felyingon the document and could prevent
fraudulent.removaJ and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 6Pc/ll Y/lC e ~/J1 r/f/I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General 0 Partner- 0 Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Fact
Dfu_ Dfu_
. .. . RIGHT THUMBPRINT.. RIGHT THUMBPRINT
o Guardian or Conservator 0. SIGNER' 0 Guardian or Conservator OF SIGNER
o Other: Top ofthumbhere 0 Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National Notary Association. 8236 'Rammet Ave., P.O. Box'1llM . danoga Park,- 6~ 9'1309-7184 Prod. No. 5907 Reortler: Call Toll'Free 1-600-S76~827
" . . 5757
CERTIFICATE OF ACCEPTANCE
,
This is to certify that the interest in real property conveyed by the deed or grant
dated: September 18, 200Tfrom Reed and Rita Johnson, 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' October 16, 2007 CITY OF POWAY
Seal: By ':6~~
.~., ,C . .
5758
EXHIBIT "A"
APN 322-011-10
THOSE PORTIONS OF REMAINDER PARCEL OF PARCEL MAP NO 18327, IN THE ,
CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1999,
DESCRIBED AS FOLLOWS
BIOLOGICAL CONSERVATION EASEMENT
BEGINNING AT THE SOUTHWEST CORNER OF SAID REMAINDER PARCEL, THENCE
ALONG THE WESTERLY LINE THEREOF NORTH 000 Os' '16" EAST (RECORD NORTH
00029' 34" \VEST) 270.58 FEET TO AN ANGLE POlNTiTHEREIN; THENCE NORTH
00039'00" WEST (RECORD NORTH 01013' 50" WEST) 54 1.68 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 530 11' 28" EAST 165.39 FEET, THENCE
SOUTH 860 35' 28" EAST 217.64 FEET. THENCE SOUTH 77" 20' 54" EAST 158 16FEET.
THENCE SOUTH 230 11' 5T' EAST 429.62 FEET, THENCE SOUTH 860 25' 18" EAST
441.96 FEET TO THE SOUTHWESTERLY LINE OF AN EASEMENT FOR EQUESTRIAN
AND PEDESTRIAN TRAIL PURPOSES GRANTED TO THE CITY OF POW AY PER
DOCUMENTRECORDED JULY 25,,1985 AS FILE NO~ 85~265585 OF OFFICIAL
RECORDS; THENCE NORTHERLY ALONG SAID SOUTHWESTERLY LINE BEING IN
THE ARC OF A 1409.85 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY,
THENCE ALONG SAID CURVE 811.55 FEET TIIROUGH A CENTRAL ANGLE OF
32058' 52". THENCE NORTH 530 IT 39" WEST 42086 FEET TO A 1090,13 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE 47367
FEET TIIROUGH A CENTRAL ANGLE OF 240 53' 44" TO THE WESTERLY LINE OF
SAID REMAINDER P ARCEL,THENCE SOUTH 000 39' 00" EAST 877 03 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN AN EASEMENT
TO P AClFIC TELEPHONE AND TELEGRAPH COMPANY PER DOCUMENT RECORDED
MAY 25, 1977 AS FILE NO. 77-201988 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN AN
EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY PER DOCUMENT
RECORDED JUNE 18, 1996 AS FILE NO 1996-0303843 OF OFFICIAL RECORDS.
OPENSPACEEASEMENT
BEGINNING AT THE SOUTHWEST CORNER OF SAID REMAINDER PARCEL. THENCE
ALONG THE WESTERLY LINE THEREOF NORTH 00"05' 16" EAST (RECORD NORTH
00029' 34" WEST) 270.58 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH
00039' 00" WEST (RECORD NORTH 01013' 50" WEST) 2,79 FEET TO THE TRUE POINT
OF BEGINNING, THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH
000 30' 00" WEST 538.89 FEET, THENCE LEAVING SAID WESTERL Y LINEr~ORIflIiLJ
G.l5~~-Dlt OCT 0 8 2007
CITYC--. ..
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530 11' 28" EAST 16539 FEET, THENCE SOUlH 860 35' 28" EAST 217,64 FEET, THENCE
SOutH 770 20' 54" EAST 158.16 FEET, THENCE SOUTH230 II' 57"EAST 429 62 FEET,
THENCE'SOurn 860 25' 18" EAST 402.15 FEET TO THE WESTERLY LINE OF AN
EASEMENT TOPAClFIC TELEPHONE AND TELEGRAPH COMPANY PER DOCUMENT
RECORI>ED MAY 25, 1977 AS FILE ,NO 77-201988 OF OFFICAL RECORDS, THENCE
ALONG SAID \YESTERL Y LINESOurn 100 54' 22" EAST 141.26 FEET TO A POINT (
HEREINAFTER REFERRED TO AS POINT 'A', THENCE CONTJNUING ALONGSAID
WESTERLY LINE sourn 10"54' 22" EAST 312.46 FEET TO THE SOUTHERLY LINE OF
SAID REMAINDER PARCEL" 11ffiNCE ALONG SAID SOUTHERLY LINE NORTH
890'54' 44" WEST (RECORD SOUTH 89030' 26" WEST) 843 09 FEET, THENCE LEAVING
SAID SOUTHERLY LINE NORTH 400 31' 12" WEST 307.60 FEET, THENCE NORTH
55058' 59" EAST 53.68 FEET; THENCE NORTH 71040; 35" EAST 152.64 FEET, THENCE
SOUTH 770 30' 24" EAST 77,8LFEET TO A NON-TANGENT 200.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, A RADIAL TO WInCH BEARS sourn
830 16' 49" WEST, THENCE ALONG SAID CURVE 311.92 FEET THROUGH A CENIRAL
ANGLE 89" 21' 34" TO A NON-CONGRUENT 200 00 FOOT RADIUS CURVE CONCAVE
WESlERL Y A RADIAL TO WInCH BEARS NORTH 320.28' 22" WEST, THENCE ALONG
SAID CURVE 23500 FEET THROUGH A CENTRAL ANGLE OF 670 19' 21" TO A POINT
HEREINAFTER REFERRED TO AS POINT 'B', THENCECONTJNUING ALONG SAID
200 00 FOOT RADIUS CURVE 142.46 FEET THROUGH A CENTRAL ANGLE OF
40048' 38"; THENCE SOurn'7900T 20" WEST 152.11 FEET; THENCE sourn 730 IT 21"
WEST 486.27 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION THEREOF L YINGWITHIN A 5,00 FOOT
WIDE STRIP OF LAND THE CENTERLINE THEREOF BEGINNING ATTHE HEREIN
BEFORE DESCRIBED POINT' A' AND ENDING AT THE HEREIN BEFORE DESCRIBED
POINT 'B'_
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~' . .... . , EXHIBIT ".8" .
' . 5760
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~~ ~~~o ERB ENGINEERING, INC,
'6; 7i\ . CIVIL ENGINEERS & LAND SURVEYORS
'09 '
~\)"51c;,.OO 12320 STOWE DRIVE STE, E, POWAY,CA. 92064
AN AWER1CAN ,INOlAN 'RRW (858) 748-2130 / FAX (858) 748-6089
G)-EXIST. 4' WIDE EASEMENT TO PAC. TEL. & TELEGRAPH PER DOC.
\ :>''\i{u' ~ REC. 5/25/77 AS FILE NO. 77-201988 O.R.
\ . '?O'~> EXIST. EASEMENTS TO S.D;G;&E. PER DOCS. REC. 12/26/47 IN
~ '\ <. ;'0. BOOK 2593, PGS. 157 & 159 ~ND 3/29/68 AS FILE NO. 52716
~ ~~" AND 6/18/96 AS FILE NO. 1996-0303843 ALL OF O.R.
~~~h.=24'53'44" CURVE DELTA ANGLE RADIUS ARC LENGTH
7 R=1090.13' Cl 89'204" 200.00' 311.92'
~ ~ "", oS)': L=tl-73.68' C2 67"19'21." 200.00' 235.00'
/ ~ ""'''&'''~ ......-ItS C3 40'48'38" 200.00' 142.46'
/ 9 " ~
/~' ,,';;>::.1\,'0 (~.9' UNE BEARING DISTANCE
/ '" ,,-ItS ... is- L1 N73"17'21"E 486.27'
BIOLOGICAL ~~>~~Q.y,~"'Q6l L2 N79'07'20"E 152.71'
CONSERVATION "",~.9t>-. ~)-"''''~ L3 N77'30'24"W 77.81'
ixl;" EASEMENT '\" ~ ~ L4 N71'4O'35"E 152,64'
I"; ~ 11.00 ACRES " 'll'~ 8> L5 N55'58'59"E 53,68'
in I' "'86'~ ... L6 N40'37'12"W 307.60'
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OPEN SPACE ~ EXIST, 15' "U'. '\ ('0(: CA\.''i.
EASE NT 't: EQUESTRIAN '" <: ~
I t ME '" EASEMENT PER '\ ~ of:!
I 8.45 ACRES t>~~ FILE # 85"-265585 '\.~ \ '~ ttJ
t '" ~,,>. REC. 7/25/85 O.R. .~~ ~
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,.,' 441 96' ,,,> .
Ill) NOO'05'16"E - _'_ ,"> .I>
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- \ 5,00' 141.26' '....1 !"'O; 0
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ITEM NOS. Q) THRLJ@SHOWN HEREON ARE PER SCHEDULE B, PRELIMINARY TITLE REPORT,
DATED FEB. 23, 2007,ISSUED BY LANDAMERICA SOUTHLAND TITLE CO., SAN DIEGO, CA.
04-66 ORDER NO. 37330719.