Biological Conservation Easement 1999-0700449
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RECOROING REQUESTED BY
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DOC # 1999-0700449
NO TRANSFER TAX DUE
Oct 19. 1999 8:44
OFFICIAL RECORDS
14 2 8 SAN DIEGO COOOV RECORDER'S OFFICE
GREGORY J. SIllTH, COlMY RECORDER
FEES: 0.00
J /I, "'"'' /I /I /I /I /I " 11I1 ":"O~~CORDER'S :E
1999,0700449
AM
AND WHEN RECORDED MAIL THIS DEED TO:
Name CITY CLERK
CITY OF POWA Y
Add"" P.O. BOX 789
a~& POWAY, CA 92074-0789
State &
Z'p
Assessor Parcel No. 321-161-01
BIOLOGICAL CONSERVATION EA.SEMENT
DOCUMENT ARYTRANSFER TAX $ ,~ _
JEROME A. GILDING and TRINA LYNN GILDING, Husband and Wife as Joint
Tenants, hereinafter called GRANTORS, do hereby grant, convey and dedicate to the CITY OF
POWAY, a political subdivision of the STATE OF CALIFORNIA, hereinafter called GRANTEE,
for the benefit of GRANTEE, the CALIFORNIA DEPARTMENT OF FISH AND GAME and
the UNITED STATES FISH AND WILDLIFE SERVICE, a "Biological Open Space" Easement
(shown on Exhibit "A:' attached hereto and described hereinbelow) in perpetuity to maintain an
open space for protection of sensitive plant species, wildlife species and their natural habitats
over, upon, and across that certain real property, in the City of Po way, County of San Diego,
State of California, described as follows:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, INCLUDED IN
THAT LAND DESCRIBED IN DEED TO JEROME A. GILDING AND TRINA LYNN
GILDING, RECORDED MARCH 1, 1999 AS DOCUMENT NO 1999-0126073 OF OFFICIAL
RECORDS, IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN
AND DESCRIBED ON RECORD OF SURVEY MAP NO 8938, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 18, 1982 AS FILE NO 82-
044724 OF OFFICIAL RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, NORTH
89059'29" EAST 689,24 FEET (NORTH 89023'48" EAST RECORD); THENCE SOUTH
02056'27" EAST 1108 99 FEET TO THE TRUE POINT OF BEGINNING, THENCE
CONTINUING SOUTH 02056'27" EAST 199 44 FEET TO THE SOUTHERLY LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89032'59" EAST 422.40 FEET TO
THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9; THENCE ALONG THE EASTERLY LINE THEREOF NORTH
99058 OpenSpaceEsmt#2
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05047'16 EAST 199,96 FEET, THENCE NORTH 89032'59" WEST 452,80 FEET TO THE
TRUE POINT OF BEGINNING
AREA = 87 123 SF (2,000 AC.)
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 this easement, except as is
necessary for equestrian and pedestrian trail purposes,
b) GRANTOR covenants and agrees for himself and his successors and assigns not to
construct any structure or other thing whatsoever on the subject land,
c) GRANTOR covenants and agrees for himself and his successors and assigns that he shall
not excavate, clear or place sand, 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 Planning Services
and Safety Services Departments,)
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 the subject land may be
used by the general public,
e) GRANTEE shall release and vacate this easement iflegislation and regulations are revised
to deem the easement not necessary or not legally required,
f) Any beneficiary hereof may enforce this easement.
Dated this
2-q~ dayof .~ ,1999
CITY OF POW A Y
This is to certify that e iter t in real ~roperly conveyed by the
deed or rant d_at~ ' rom, 9'-" ~ &,
to the City of Poway, 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: /v\,slqq B~U~
'U':{Xl City Clerk
GRANTEE
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BY /~~
99058 ()ptflSpa~Esmt#2
Page 2 of 2
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NOTARYACKNO~EDGMENT
STATE OF Ca1 ifornia
COUNTY OF San Diego
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On Seotember 23. 1999 before me, ~4irh",,' M"ri~
a Notary Public in and for said State, personally appeared
Jerome A. Gilding and Trina Lynn Gi1ding**
y,~rts,6/1M'6'Mrt:tv/r;lftP/f'/l~(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 he/she/they executed the
same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the
person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
(~4#~ ~i?r~/J:
SIgnature of otary Public
~I fj::':<: MICHAEL MARIE f
Q' t ,', C'OMM, #1158168 n
in '~,.; . NOiARY PUBLlC,CALlFORNIA ~
(J .. , SAN DIEGO COUNTYC'l
I ,jf . My Commis$ion Expir96 .....
<~~:......., ,_ OCT08ER ~3-.~
(This area for official notarial seal)
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1431
I I I EXHIBIT A
I 'I BIOLOGICAL CONSERVATION EASEMENT
! ! I GILDING RESIDENCE
I I I BLUE CRYSTAL TRAILS
I , I u, APN 821-161-01
I I I P.O,C,
~ w, 1/4 'COR,. SEC, 9
___L-i-:J T, 14 S,. R, 1 W,. S,B:M,
I I 1 (SEE R, OF S, 8938)
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OPEN SPACE EASEMENT
9-22-99
AREA = 87.122 SF (2,000 AC,)
IN 99029
WUNDERLIN ENGINEERING, INC,
FILE, 99058\B";:;>,dwg
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