Scenic View Open Space Easement 2002-0921829
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" , 2002-0921829
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,. RECORDING REQUEST BY:
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~ l OCT 22, 2002 11:39 AM
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I CrrY"OF POWAY l OFFICIAlIiIDJRDS
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WHEN RECORDED MAIL TO' l SAN DIEGO CllUNTV REmRDER'S OFFICE
GRE6IJRV J. SMITH. COIJNTV REmRDER
l FEES: 0.00
~ CITY CLERK l 11:: HA
CITY OF POWAY l
f~ P Q'BOX 789 )
POWAY CA 92074-0789 l
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No Transfer Tax Due l
DC\ .
Assessor Parcel No 275-032-02
SCENIC VIEW OPEN SPACE EASEMENT
Vernon Roether and Jeannette Roether, PROPERTY OWNERS, hereinafter
called GRANTOR, does hereby grant, convey and dedicate to the CITY OF POWAY, a
political subdivision of the STATE OF CALIFORNIA, hereinafter called GRANTEE, a
SCENIC VIEW OPEN SPACE EASEMENT to maintain an area for protection of a
portion of a scenic roadway, over, upon and across that certain real property in that
portion of ("PROPERTY" hereinafter):
PARCEL 3 AS SHOWN ON RECORD OF SURVEY MAP NO 4056, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, OCTOBER 23, 1956, SAID PROPERTY
BEJNG A PORTION OF THE WEST HALF OF SECTION 25 AND A
PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 26, ALL IN TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT THEREOF
A portion of PROPERTY, as described in Exhibit "A" and depicted in Exhibit "B", is a
portion of an open space corridor being established along Espola Road, a General Plan
designated Scenic Corridor
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 covenants and agrees for himself and his successors and assigns
not to construct any structure or another thing on the subject land without the written
approval of the GRANTEE,
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C) GRANTOR. covenants and agrees for himself and his assigns that he shall not
excavate, c1ear,or place sand, soil, rock, gravel,. or other material whatsoever on the
subjecUand without the written approval of the GRANTEE,
D) The grantingofthis easement is for the purpose of controlling the use of the land
within the Open Space Easemenl'and does not authorize or imply that subject land may
be used by the general public,
E) GRANTOR shall maintain and irrigate the installed landscape m;:lterials on the
PROPERTY as described in Exhibit "A", consistent with the landscape plans on file with
the City of Poway Planning Division,
F) 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.
DATED this II day of c::omBeJe , 2002,
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 6~ ~A-I I ( f Z /)0 L before me, the undersigned, a Notary Public in and
for said State, personally appeared I/UI\o(\ e ()o'h...w ,Ii T,p"""e.loleRoe.f\<Q(personally
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known to me (or p~ to me on the basis of satisfactory evidence) to be the person(s)
whosename(s) is/ re ubscribed to the wi~nstrument and acknowledged to me that
he/she ~ted t same in his/her/t ei authorized capacity(ies), and that by
his/her!t ir ignature(s) on the instrument the person(s) or the entity upon behalf of
which the rson(s) acted, executed the instrument.
WITNESS my hand and official seal ). ~ . ,~.,,~ . . . ~NAN9Y ~.I~NHOCT ~ ~ I
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VI '. e: ,'NotoryPUblic.C.llfomla rJI
W ~ ~ SAN DIEGO COUNTY ::::;:
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EXHIBIT "A"
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Said easement of right-at-way in the aforesaid land is particularly described as follows,
Beginning at the Northeast corner of said parcel 3 and traversing along a line bearing
North 000 51' OF East'a d'istance of 2000 feet; then along a line bearing South 890 08'
59" East a distance of 178 00 feet; then along a line bearing South 000 51' 01" West a
distance of 20,00 feet; then along a line bearing North 890 08' 59" West a distance of
17'8 00 feetto the true point of beginning,
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.W REBAR WrrH7 EXHIBIT IBI . REBAR WlTH P.\-ASTlC
. PLASTIC, CAP, AP, IRON PIPE, LS4451"
IRQN PIP~
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NO RECORDJS 0 NO
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I 20' SCENIC ROADWAY Iz
OPEN SPACE EASEMENT I OF
PARCEL 3 AS SHOVlN
RECORD OF SURVEY MAP
'0 ~ NO 4056, FILED IN THE
~ ~ 1 OFFICE OF THE COUNTY
S ~ I ",C"'DER OF SAID SAN
~ DIEGO COUNTY,
~ OCTOBER 23, 1956
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PARCEL 3 1
,
PER ROS 4056
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Sol;r~ ~ ~').o) TAG "LS4451" NO
[ 9.5:6]' ~o~1.'l.')1 RECORD
. REBAR WITH PLASTIC L
AP IRON PIPE #LS4451" W DECAYED IRON
NO RECORD PIPE PER ROS 4056
NO TAG
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11980
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: October 11, 2002 from Vernon Roether and Jeannette Roether, 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 21, 2002 CITY OF POWAY
Seal: By
M:\planning\Usa\Projects\MDRA02.47 _Roether res\certificate of acceptance.doc