Grant of Open Space Easement 2004-0793310
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\ , O'.JC It 2004-0793310
RECORDING REQUEST BY: ) I
) 1m I' 11111111111111 11//11111111/11 111111111111111111111111111111111
CITY OF POWAY )
) AUG 20 2004 8'31 AM
WHEN RECORDED MAIL TO: ) nFFICI,l~,L F:E(Of-;[I':,
) '~/"Ji [IIEel0 '_CrUI'JT'1 F:ECflR[IEF:", OFFILE
CITY CLERK ) l~l~IU.;OF"'1 .1 ',j'..1ITH i ,Our'JT'1 r:EIJIF:['!::fi
f0 · CITY OF POWAY ) r-lE:o n nn
erc 11.0
, POBOX 789 ) F-.c:.'(iE'- c'
''b~ POWAY CA 92074-0789 ) I IDIIi 11111 IIJII 11111 11111 11111 11111 1111111111 11111 1111111111 1111111111 1111 III I
)
~~~ No Transfer Tax Due )
Assessor Parcel Nos. 321-011-36 and 26
OPEN SPACE EASEiVlENT
THIS GRANT OF EASEMENT is entered into this 13th day of May ,2004,
by Morteza Kavousi"Fard and Mehrangiz Kavousi-Fard, Trustees of the Kavousi-Fard
Family Trust dated April 17, 1998, and Ahmad Sedehi and Mahnaz Kavousi-Fard,
Trustees of the Fard/Sedehi family Trust, Owners, (hereinafter referred to as
"Grantor"). GRANTOR, does hereby grant, convey and dedicate to the CITY OF
POWAY, (hereinafter referred to as "Grantee") a political subdivision of the STATE OF
CALIFORNIA, an OPEN SPACE EASEMENT to maintain an area for protection of
sensitive plant species (Southern Willow Scrub), wildlife species and their natural
habitats over, upon and across that certain real property as described in Exhibit A
(description) and Exhibit B (plat) attached hereto and 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 coilstruct any structure or another thing on the subject land
C) GRANTOR covenants and agrees for himself and his assi9ns 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
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 vacatl::l this easement if legislation and regulations
are reviseg to deem the easement not necessary or not legally required or if
compensating off site land is made available to replace this easement.
1
0'1-103$ ,40
o.Jl(>,
, . .
OPEN SPACE .EASEMENT
APNs' 321,011-36 and 26
IN WITNESS THEREOF THE GRANTOR hereby has executed this Easement the day
and year first herein above written.
MC>'(~6G\ kA \loVe:.; f'qr'd by
j\M(j~-Z InM ~. ftOYYUJ ~ ~c-t
Morteza Kavousi-Fard, Truste~ of the Kavousi-Fard
Family Trust dated April 17, 1998, Owner
M.l-h('P'\~i'b. /<Av'QU~i ~r'd b..1 ~c..t
. . / ,h.CA- ~ Ho y 11.(". i "-
Me iz avousi-Fard; Trustee of the Kavousi-Fard
Family Trust dated April 17, 1998, Owner
~ JI <.... ----
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Ahmad Sedehi, Trustee of the Fard/Sedehi Family
Trust, Owner
A~(/~~
Mahnaz avousi-Fard, Trustee ofthe Fard/Sedehi
Family Trust, Owner
M:\planning\cmr\sedehi open space easement.doc
2
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated' May 13, 2004 from Morteza Kavousi-Fard and Mehrangiz Kavousi-Fard ,
Grantor, to the City of Poway, Grantee, a political corporation and/or gOliernmental
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 August 16, 2004 CITY OF POWAY
Seal: B~/lj;f {lt71J21d1
SherrieD Worrell, Deputy City Clerk
CA~IFORNIA ALL.PURPO'E ACKNOWLEDGMENT · .
State of California
County of San Diego
On May 13, 2004 before me, F. Tarves, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe. Notary Public")
personally appeared Ahmad Sedehi
Name(s) otSigrier(s)
Dpersonally known to me - OR -l\IXI proved to me on the basis of !iatisfactory evidence to be the person~
. whose name\S(~ie subscribed to the within instrument
and acknowledged to me that"h}llshe/they executed the
Jame ir(hwher/their authorized capacity(ie8), and that by
~ - - - - - - F. WMS - - - ~ QliSlher/their signature(~ on the instrument theperson(g),
_,~ eorn_, #1449276 or the entity upon behalf of which the person(/) acted,
) NoIaryPubllc . CalIIomIiI t executed the instrument.
, San DIego CounIv -
_ _ _ ~~:..Exl*elNov4,2007J WITNESS my hand and official seal.
-
-J- ?~
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: Open Space Easement
Document Date, May t3, 2004 Number of Pages, Three (3)
Signer(s) Other Than Named Above, Mahnaz Kavousi-Fard
Capacity(ies) Claimed by Signer(s)
Signer's Name, Alimad Sedehi Signer's Name,
XlII 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 Attorn~y,in,Fact
o Trustee 0 Truste~
o Guardian ,or Conservator 0 Guardian or Conservator
o Other. Top of thumb'h~ne D Other" Top of thumb here
Signer Is Representing, Signer Is Representing,
C 1994 National Notary Association. 8236 Remmet Ave.YO. Box 7184 . Canoga Park, CA 91309,71'84 Prod. No. 5907 ReOrder: Call Toll-Free 1-800-876-6827
CJ,((IFORNIA ALL.PliFiPol ACKNOWLEDGMENT .
State of California
County of San Diego
On Mav 13 , 2004 before me, F. Tarv€:s" Notary Public
Date N,ame and ntle of Officer (e.g.. Jelf1e Doe, Notary Public")
personally appeared Mahnaz Kavousi-Fard
Name(s)of,Signer(s)
o personally known to me - OR ~roved to me on the basisot'salisfactory evidence to be'the person(jI')
whose name(s)ls~subscribed tolhe within instrumenl
and acknowledged to me Ihat heiSfillithey execut~d Ihe
same in his@theirauthorized capacily(ies), and that by
I.-~"':':~:: ! hi~their signatu,re(s) on the instrument theperson(s),
or the enlity ypon behalf of which the person(,i) acted,
i .,... NolOIy P\lliIic .Caiiromia j executed the instrument.
j , San DIego County - WITNESS my hand and official seaL
_ _ _ ~:-m~~~~2~7t
-?- 7~
Signature or Notary Public
OPT/ONAL
Though the information befow is not required by I~I-v, it may prove valuable to persons relying on the document and could prevent
fraudufentremoval and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Open Space Easement
Document Date, May 13, 2004 Number of Pages, Three (3)
Signer(s) Other Than Named Above, Ahmad Sedehi
Capacity(ies) Claimed by SigMr(s)
Signer's Name, Mahnaz Kavousi~Fard Signer's Narne, Mahnaz Kavousi-Fard
~ Individual o Individual
o C()rporate Officer o Corporate Officer
Title(s), Titl~(s)'
o Partner - 0 Limited 0 General o Partner ~ 0 Limiled 0 General
o Altorney,in,Fact ~ Altorney,in,Fact
o Trustee o Trustee
o Guardian o'r Conservator o Guardian or Conservator
o Other' Topoof thumb here o Other' Top of thumb'here
Signer Is Representing' Signer Is Representing'
Mortez?-- 'Kavbusi-Fard
Mehrangiz' Kavousi-Fard
C 1994 National Notary Association' 8236 Remmel ike., P.O. Box 7184 . Canoga Part<, CA 91309-7184 Prod. No,.5907 Reorder: Call T~Il-Ffee 1-800-'876-5827
. Exhibit A .
BIOLOGICAL OPEN'SPACEDEDlCATlON
BA 03-01
A BIOLOGICAL OPEN SPACE EASEMENT OVER, UNDER, ALONG AND ACROSS A
PORTION OF PARCEL MAP 10915 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA, FILED IN THE ,OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY JANUARY 22,1981, IN BOOK OF PARCEL MAPS AT PAGE 109t5
BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUfHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP 10915
THENCE; SOUTH 88045'01" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3
251.56 FEET TO THE TRUE POINT OF BEGINNING, THENCE, LEAVING SAID SOUTHERLY
LINE NORTH 8056'52" WEST 63.3t FEET, THENCE, NORTH 19056'00" EAST 89.99 FEET,
THENCE; NORTH 20003'24" EAST 78.03 EAST 34.8t FEET, THENCE 19015'11" WEST 64,64
FEET, THENCE NORTH 19045'10" WEST 10918 FEET, THENCE, NORTH 20056'55" EAST
34 8t FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF PARCEL 2 OF SAID
PARCEL MAP 10915, THENCE; SOUTH 89005'19" EAST ALONG SAID NORTHERLY LINE
8676 FEET, THENCE, LEAVING'SAID NORTHERLY UNE SOUTH 25042' 19" EAST 9886 FEET
THENCE; SOUTH 22000'00" EAST 2605 FEET TO THE INTERSECTION WITH A TANGENT
1896.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL TO SAID INTERSECTION
BEARS SOUTH 80047'34" WEST THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 30]6'00" A DISTANCE OF 108.08 FEET, THENCE,
LEAVING SAID CURVE SOUTH 9029'05" WEST 2941 FEET, THENCE, NORTH 8t009'23"
WEST 66.26 FEET TO POINT "A" OF THIS DESCRIPTION THENCE, SOUTH 12054 13" WEST
6867 FEET THENCE, SOUTH 12039'10" WEST 1 t2,96 FEET, THENCE, SOUTH 4046'46" EAST
6.51 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 3, THENCE, NORTH 88045'01" WEST
ALONG SAID SOUTHERLY LINE 70 t4 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM AN 8 00 FOOT EASEMENT FOR EQUESTRIAN/PEDESTRIAN
PURPOSES OVER, UNDER, ALONG AND ACROSS A PORTION OF SAID PARCEL 3 OF SAID
PARCEL MAP NO 10915 THE SOUTHERLY AND EASTERLY LINES THEREOF BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS
BEGINNING AT POINT "A" ABOVE, THENCE NORTH45052'34" WEST 24 97 FEET THENCE
NORTH 48011'58" WEST 46.51 FEET THENCE NORTH 87039'22" WEST 13.25 FEET THENCE
SOUTH 19ot5't8" WEST to.89 FEET THENCE SOUTH 20003'24" WEST 8540 FEET TO THE
POINT OF ENDING
THE SIDELINES OF SAID 8.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR
SHORTENED SO AS TO INTERSECT A LINE BEARING NORTH 89005' 19" WEST FROM THE
POINT OF ENDING AND A LINE BEARING SOUTH 81009'23" EAST FROM THE POINT OF
BEGINNING,
ALSO EXCEPTING THEREFROM AN EASEMENT OF 5 00 FEET, FOR MAINTENANCE
PURPOSES, EXTENDED AROUND THE EXISTING BRIDGE ON THE SUBJECT PROPERTY
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CITY OF POWAY
OPEN SPACE EASEMENT
BA 03-01
NOTE "A"
DASHED UNE INDICAlES 5' EASo.IENT
FOR ~AINITNANCE OF BRIDGE STRUC1URE.
NOTE "8"
INDICATES 8' EASEMENT FOR PEDESTRIAN PARCEL 1 \
ACCESS' ONLY. PM 10915
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! A FIELD SURVEY OF THE LIMITS OF THE AREA
AS MARKED IN THE FIELD BY VINCENT SCH DT
I AND ASSOCIATES AND SURV~ BY ERB
! ENGINEERING ON 7-24-03. ~
, WILLIAM J. I
I PLS 4451
02-40E
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ITY OF POWAY
OPEN SPACE EASEMENT
SA 03-01
PARCEL 1
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l A FIELD SURVEY OF THE LIMITS OF THE AREA
I " ",''CO '" )H, R'CD BY ""''"'''"''''H
AND ASSOCIATES AND' SURVEYED BY ERB .
I ENGINEERING ON 7-24-03. iJvtt. ~. , . .
I WILLIAM J. lARD
I PLS 4451
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