Grant of Open Space Easement 2003-0682062
. . DOC '2003~O682062
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'RECORDING REQUEST BY. )
) JUN 10. 2003 10:03 At-'~
CITY OF POWAY )
) OfFICIAL RECORDS
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
CITY CLERK ) FEES: 0.00
CITY OF POWAY ) oc: NA
POBOX 789 ) -
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POWAY CA 92074,0789 ) 9
) . ,I': 1 2003'O~~f.o.~" ., .".._.' :~
'~ No Transfer Tax Due ) (This space for Recorder's Use) Ii
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L~f Assessor Parcel No 321-111-15 3
;Jf OPEN SPACE EASEMENT
g~ Patrick Hugh Bonaguidi and Kristen Kay Bonaguidi, Trustees of the Patrick Hugh
and Kristen Kay Bonaguidi Trust dated June 28, 2001, PROPERTY OWNER,
hereinafter called GRANTORS, do hereby grant, convey and dedicate to the CITY OF
POWAY, a political subdivision of the STATE OF CALIFORNIA, hereihafter called
GRANTEE, an OPEN SPACE EA?EMENT to maintain an area for protection of
sensitive plant species, wilalife species and their natural habitats over, upon and across
that certain real property more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and incorporated by this reference (the "Property").
A) GRANTORS also grant 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) GRANTORS covenant and agree for themselves and their successors and
assigns not to construct any structure or another thing on the subject land
C) GRANTORS covenant and agree for themselves and their successors and
assigns that they 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
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03- fOI
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DATED this ;;J (9 day of ~ ,2003
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idi, Trustee .:1
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STATE OF CALIFORNIA 4
COUNTY OF SAN DIEGO
On 4e.r. I 2[,.' 2uiJ 1 , before me, the undersigned, a Notary Public in and
for said State, personally appeared Patrick Hugh Bonaguidi and Kristen Kay Bonaguidi,
personally knnwn tg me- (or proved to me on the basis of satisfactory evidence) to be
the persori"'sYwhose name is subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacities, and that by their
signatures on the instrument the persons or the entity upon behalf of which the persons
acted, executed the instrument
WITNESS my hand and official seal. ~ -:." - - - W~lI;M-D -RI:-ER; - ~
." , Commission # 1381779
~ L~ ~ ,~o[ . Notary PUbliC,' Calltamla ~
~ " , Son Diego County ~
/ - <' . . ..' MyComrnExpires0ct26.~
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Signature of Notary Pub c
C:\DATA\Oda\MDRA\MDRA01-046 bonaguidi open space ease.doc
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EXHIBIT "A"
OPEN SPACE EASEMENT
LEGAL DESCRIPTION
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO 11912, IN THE CITY OF POWAY, 9
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OFTHE COUNTY
RECORDER OF SAN DIEGO COUNTY JANUARY 21, 1982, DESCRIBED AS FOLLOWS. 4
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 2 DISTANT 1
THEREON NORTH 23'26'58" WEST 167,99 FEET FROM THESOUTHEASTERL Y CORNER 5
THEREOF, SAID POINT BEING ON THE NORTHWESTERLY LINE OF A FLOWAGE
EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT NO 81-244958
RECORDED AUGUST 8, 1981 OF OFFICIAL RECORDS; THENCE LEAVING SAID
NORTHEASTERLY LINE ALONG SAID NORTHWESTERLY LINE, SOUTH 39'26'58" WEST
4 00 FEET, THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 65'55'45" WEST
140.28 FEET; THENCE SOUTH 79'38'03" WEST 71,34 FEET, THENCE SOUTH 88'26'36"
WEST 76.64 FEET, THENCE NORTH 48'41'15" WEST 192A2 FEET; THENCE NORTH
3'29'18" WEST 82,67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY AND NORTHERLY HAVING A RADIUS OF 10000 FEET TO WHICH A
RADIAL LINE BEARS SOUTH 48'22'05" WEST, THENCE SOUTHEASTERLY AND EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'58'01" A DISTANCE OF 10641
FEET, THENCE NORTH 77"24'05" EAST 46.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY AND NORTHWESTERLY HAVING A RADIUS OF 10000 FEET,
THENCE EASTERLY AND N0RTHEASTERL Y ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 46'55'51" A DISTANCE OF 81 91 FEET TO THE BEGI.NNING OF A NON-TANGENT
CURVE CONCAVE NORTHERLY, NORTHWESTERLY AND WESTERLY HAVING A RADIUS
OF 10000 FEET TO WHICH A RADIAL LINE BEARS SmiTH 10'37'24" EAST, THENCE
EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 84'56'22" A DISTANCE OF 148.25 FEET, THENCE NORTH 5'33'46"
WEST 71 02 FEET TO SAID NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG
SAID NORTHEASTERLY LINE SOUTH 23'26'58" EAST 369.24 FEET TO THE POINT OF
BEGINNING
-- N86'53'15"E 340,85' EXHIBIT "B"
-- ------- SCALE 1"~100' ~
IRREVOCABLE OFFER OF DEDICATION FOR
ROADWAY PURPOSES, SLOPE RIGHTS AND
DRAINAGE EASEMENTS GRANITD TO !HE
COUNTY OF SAN DIEGO BY DOC. NO, 81-
244956 REC, 8/3/1981 IN BOOK 1981 O,R,
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PARCEL 2 \~ Jl
PM 11912 \C\
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LINE BEARING DISTANCE L4 ~"5~.
L1 N5'33' 46"W 71.02' /
L2 N7T24'05"E 46.00'
L3 NS29'18"W 82.67' /
L4 S88'26'36"W 76.64' /
L5 N79'38'03"E 71.34'
L6 N65'55' 45"E 140.28' / ---
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LINE DELTA RADIUS ARC /
C1 46'55'51" 100.00' 81.91' /.'
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C3 60'58'01" 100.00' 106A~ / /
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- - - - ANITD TO
EXISTING FLOW~G~A~~~g~TB~RDOC. NO. 81- ~
;~~9~~U~l~, ~/3/1981 IN BOOK 1981 O.R.~ ()1' ~
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-- N89'38'33"E 129,12' 1>"''2. 1........1
. INDICATES OPEN SPACE EASEMENT
OPEN SPACE EASEMENT PLAT
1"=100' SPEAR s. ASSOCIATES, INC, ~ JOB NO
SCALE 02-321
2/12/03 CIVIL ENGINEERING AND LAND SURVEYING
DATE 750 N, CITRACAOO PKWY STE, 2, ESCONOIDO, CA 92025 ' DWG NO
02-321 ES
DRN, TEP CK, RJS (760) 737-7272 FAX (760) 737-7274
Bonaguidi . .
Open Space Easement
Page 4
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Open Space Easement
by (Propetv Owner (s), dated June 9, 2003 to the City of Poway, Grantee, and
to the California Department of Fish and Game, as a third party beneficiary, a governmental
agency (under Government Code Section 27281), 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 9
Poway on January 20,1981
4
GRANTEE: City of Poway 1
Bq~~ ~~(J- i
Title: Lori Anne Peopies, Citv Cierk
Authorized Representative
Date: June 9. ?OO3
ITY OF Pow;8
MICKEY CAFAGNA, Mayor
BETIY REXFORD, Deputy Mayor
BOB EMERY, Councilmember
JAY GOLDBY, Councilmembet
DON HIGGINSON, Council member
July 29,2003
Patrick Hugh Bonaguidi and Kristen Kay Bonaguidi
10755 Scripps Poway Parkway, F430
San Diego CA 92131
Enclosed is a copy of a Open Space Easement, which was recently executed and has
been recorded. This copy is for your files, and the original of the recorded document
remains on file in the City Clerk's Office.
Sincerely,
,
Shelley Collin'
Administrative Assistant III
Enclosure
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO Box 789, Poway, California 92074-0789. (858) 748-6600,695-1400
@ Prll\tBd ~Irl nnr:rk:d Fupor FAX 748-1455
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