Grant of Open Space Easement 2001-0563630
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DOC t2001-0563630
RECORDING REQUEST BY:
CITY OF POWAY
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(This space for Recorder's Use)
Aug 09. 2001 9:10
At-'n
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA92074"0789
No Transfer Tax Due
GRANT OF OPEN SPACE EASEMENT
WHEREAS,
Richard W Jr and Barbara G. Hockman, ("GRANTOR" hereinafter) are the owners of ih fee
simple of certain real property,in the County of San Diego, State, of California, commonly known
as Assessor's Parcel Number 275-270~24 ("PROPERTY" HEREINAFTER), and more fully
described as:
lot 36 of City of Po way TractNo. 88-15 Unit No, 1, in the City,of Poway, County
of San Diego, State of California, according to map thereof No 12466, filed in the office
of the County Recorder of ' San Diego County, September 22, 1989
2. PROPERTY is or may be subject to real 'estate taxes, assessments, conditions and easements
all as the same maybe ofrecord; and
3 A portion of PR8PERTY, as described in Exhibit "A" 'and deflicted on Exhibit "B" ("SUBJECT
LAND" hereinafter), is a portion qf a "blue-line" stream 'course (a tributary of Rattlesnake Creek)
and possesses riparian habitat values of great importance to the people of the City of Poway; and
4 It is the desire of GRANTOR and, a political subdivisionof the State of California ("CITY"
hereinafter), that SUBJECT'LAND remain open space.
NOW THEREFORE,
GRANTOR grants to CITY,
A. A perpetual easeITlent for'open space and conservation purposes over, upon,.across and
under the SUBJECT LAND, and no building, structure; interior fencing or other thing
whatsoever shall be constructed, erected,piaced or maintained on SU'BJECTLAND
B. The perpetual right, but not the obligation, to enter upon SUBJECT LAND and remove
any buildings, structures or other things whatsoever constructed, erected, placed or
maintained on SUBJECT LAND contrary to any term, convenant or condition of this
easementorio repair damage resulting from a breach of any condition of this easement.
C The perpetual right, but not the obligation, to prevent any activiity on or use of SUBJECT
LAND that is.inconsistent with the purposes of jhis'Open Space Easement and to require
the restoraiion of such areas or feature.s of SUBJECT LAND that may be damaged by
any,act, or any use that is inconsistent with the purposes ofthis Open Space Easement.
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GRANTOR covenants and agrees for themselves and their suc!~ors and assigns as follows:
2:
A. Thatthey shall not erect, construct, place or maintain, or permitthe erection, construction,.
placement or maintenance of any building or structure or other thing whatsoever on
SUBJECT LAND
B, That they shall not use SUBJECT LAND for any purpose except as open space,
C, That they shall nofexcavate or grade or permit any excavating or grading to be done, or
place or allow to be placed any sand, soil, rock, graveL or other material whatsoever on
SUBJECT LAND No grazing, cultivation, clearing or removal of vegetation for any
purposes shall be pimnitted (with the exception that hand brush clearing shall be required
as directed by the poway Fire Department).
D, That the terms, covenants and conditions set forth 'herein may be specifically enforced or
enjoined by proceedings in the Superior Court of the State of California.
The grant ofthis easement and its acceptance by the City of poway shall not authorize the public or any
members thereof to use or enter upon all or any portion of SUBJECT,LAND, it being understood that
the purpose of this easement is solely to restrict the uses to which SUBJECT LAND may be put.
This easement shall bind GRANTOR and his successors and assigns.
Dated this
:;)-1
day of
(!J'
eft ,20?(j,~
o Luolv$
I Richard W Hockman Jr (;
~G'~~
(Signatures must be notarized)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
3u. \ ~ .Q \ , 200(j from Richard and Barbara Hockman to the City of Poway, a political
corporatj n C!nd/orgovernmental agency, is hereby acc,epted. by'lhe,undersigned officer or agent on
behalfofihe City'Council pursuantto authority conferred by Resolution No, 34 adopted on January20,
1981 and'the Grantee consents to recordation ,thereof by its,duly authorized officer
Dated :3 Au..('~u..<.,+ 2.00 \
B~&l1" O~, Vq ~ I~
Lori nne Peoples
City Clerk
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ALL-4lrRPOSEACKNOWLED~NT
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1111
= ,stATE OF CALIFORNIA
:: C0UNIY0F
"AN DTElJIJ
b r *CHRI:;nNE M WHITE*
eJore, me,
:: personally appeared *RICHARD W HiJCKMAN ,JR AND
: 0 07/21/01
- 'n
notary public.
BARBARA G HiJCKMAN*
Xp~t~bt;>;;iIY'RtloM,Xr,jW.,x
-or-
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/ are subscribed to the
within instrument and acknowledged to me that hefsfi~ ~
executed the same in--h;"/h~eir.:authorized capacitY,(iesl. ::
and that by -his /hq,ltlleIi)sigilature(s) on the instrument the :
'~""'''..''''~''','Person(sl. or the entity upon behalf of which the person[s) =
~ _ _ _ , -" - - - - ,,- -:1 acted, executed the instrument. ~
~ l~. ,";" . cCJI~~~~~~5J"#~~m7 ::cWitness my hand and official seal. ~
, Notary Public. California :c =
'/'@>_': SAN DIEGO COUNTY ~ =
_' ,. ~" My Commission expires fi' =
NOVEMBER 22, 2OOil& =
Official, Notary Seal
=:.Ul.J~ 7J!~
CAPACITY CLAIMED BY SIGNER
X
DESCRIPTION. OF ATTACHED DOCUMENT
iNDlVIDUAL
CORPORATE OFFICERS
Title(s) :
Title Or 'f\me Of Document:
',Ri,"T ~IJJ- Cl"'iJPEN '''[.lA'C'' '"A"E"MENT
l. ,. .l~ ,t ....) __ t: ,) I
Number Of Pages,
:: _PARTNER(S)
LIMITED
2
_ GENERAL
_ ATIORNEY-IN-FAeT
:: _ TRUSTEE(S)
Date Of Document:
07/21/01
-
:: _ GUARDIAN/CONSERVATOR
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OTHER:
Signer(s) Other Than Named Above:
NONE
::SIGNER IS REPRESENTING.
- NAME OF PERSON(S) OR ENTITY{IESl
THIS CERTIFICATE MUST BE ATIACHED TO THE DOCUMENT DESCRIBED
1111111
111111111111
L&.76 (06/941
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EXHIBIT "A"
EASEMENT DESCRll'TION
An Easement over and across a,portiofiiof land lying within Lot36 in,City of Poway
Tract 88~ 15 as shown on Map No, 12466, in the COImty of San Diego; State of
California, described as follows'
Commencing at the Southwesterly. corner of Lot 36 of said Map No,12466 thence along
the ~esterly lfue North 180 17' 24;' 'West 6,00 feet to the True Point of Beginning, thence
confullling along the westerly-line North ISO 17' 24" West 299.94 feet, thence North 120
34' 35" West 27,85 feet, thence Norih;890 32'.18" East 30,00. feet'; thence South 14002'
. .. _>0__, ..'"
18" East 112,27 feet ; thence 'S~uth 10037'42" East 26.34 feet, thence South 260 25' 30"
East 17 68 feet, thence. South 33~ 25' 51'''East 63,19 feet; ,thence South. 70 26' 45" West
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31 08 feet'; thence South 210 06"2Q"'We~t 36,24 feet, thence South 270 02' 28" East
13 15 fellt; thence South 740 36' r~" East. 7,21 feet; thence. South 410 29' 37" East 15,23
feet, thenceSouth.-29036' 18" East:lO,20feet; thence South 56010' 51" West 18,68 feet
to the Point of Beginning,
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Easement Description prepared by Mike R. Slater, P,L.S, 6706
Date: August 10,2000,
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