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Grant of Open Space Easement 1983-195199 ) , , ' RECORDING REQUEST.Y: . ) . :-;n " ' -, 625) 83-195199 , ~. , CITY OF POWAY ) G[" ('l'"'' '1'", ",I ' r ~ .. .. d,c I, " . WHEN RECORDED MAIL TO: R Eel V E 0 o?WFJ:'::bJ'5ficinL i ) CITY CLERK JUN 29 1983 1'.183 JUI! 10 Pi!' 2 14 P.O. BOX 785) _ , POWAY, CA 92064 CITY OP POWAY L cd~;fi~:i IL, hil[:tn j CITY CLERks OFFICE -- -- ) NO FEe' No Transfer Tax Due ) This Space for Recorderls Use Only Tax Parcel No. 413-580-40 & 41 NO FEE Project: TPM 12893 GRANT OF OPEN SPACE EASEMENT (Corrected) On February 21, 1979, a Grant of Open Space Easement to the County of San Diego was recorded at File/Page No. 79-075913 in official records of San Diego County, California. The City cf poway is the successor in interest to the County of San Diego. The description of Parcel 2 in Exhibit A, of said Grant of Open Space Easement, contains an error in the legal descrip- tion of the easement granted. The Grantor and Grantee mutually desire to ccrrect this error by the recordation of a corrected Grant of Open Space Easement as follows: WHEREAS, 1. 0 & R CENTERS, INC. warrants that it is the owner of the FEE SIMPLE ESTATE in and to the land in the City of Poway, State of California, described in Exhibit lIA" attached hereto ("The Subject Landll); which estate is or may be subject to real estate taxes, assessments, conditions, restrictions and easement all as the same may be of record, and 2. It is the desire of the Grantor and the City of Poway, a political sub- division of the State of California (hereinafter referred to as "CITY", that the Subject Land remain OPEN SPACE. NOW THEREFORE, 1. The GRANTOR grants to the City, (A) A perpetual easement for OPEN SPACE and RECREATION purposes over, upon, across and under the Subject Land, and no building, structure, or other thing whatsoever shall be constructed, erected, placed or maintained on the Subject Land except as exists or may be permitted by Use Permit issued pursuant to the zoning ordinance of the City of Poway, and those public utility lines listed in said ordinance, EXCEPT as may hereinafter be permitted. .--.. . 626 . .. ,. . , . .- (B) The perpetual right, but not the obligation 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 any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or placement of sand, soil, rock or gravel or any other material done or placed on the Subject Land contrary to any term, covenant or conditions of this easement. 2. GRANTOR covenants and agrees for Grantor and Grantor's successors and assigns as follows: (A) That Grantor shall not erect, construct, place or maintain, or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the Subject Land other than such buildings, structures and other things as may be permitted pursuant to the zoning ordinance of the City of ?oway, EXCEPT as hereinafter may be permitted. (B) That Grantor shall not use the Subject Land for any purpose except as OPEN SPACE and/or RECREATIONAL purposes without the written authorization of the City of poway or its successors and assigns. (C) That Grantor shall not excavate 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 the Subject Land without the written permission of the City or its successors or assigns; provided, however, that Grantor may excavate, grade or place sand, soil, rock, gravel or other material on the Subject Land as may be permitted by special use permit issued pursuant to the zoning ordinance of the City of Poway. (0) The open space shall be left in its natural state. No grading, clearing or removal of vegetation for other purposes shall be permitted in the Open Space Easement, with the exception that brush clearing for fire protection purposes shall be permitted as required by the City of Poway, or its designated representatives, EXCEPT as hereinafter may be permitted. (E) 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. (F) The use of said Open Space is limited to landscaping and recrea- tional purposes including accessory buildings, s"tructures and improvements. The grant of this 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 the Subject Land, it being understood that the purpose of this easement is to restrict the uses to which the Subject Land may be put. - 2 - . - - . 627. c -. . This easement shall bind the Grantor and Grantor1s successors and assigns. eP ~ . Dated this .~ day of 0 It.A<..i?..- , 19 f3 o & R CENTERS, INC. By Il~(jJ (Signature must be notarized) STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN DIEGO ) On this -11?J) day of J Cl4LQ. A.D. , 19 SS , before me, , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Joy.ce Sell 0'0(- k ' known to me to be the President of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first below written. 1 e OFFlCIALStAL ~ ;;t(}(,b)'V~ LEANNE S. FOLEY . NOTARY rUBLlC - CALIFORNIA /' Principal Oi~c. in San Oielll County Notary Public in and and State . My Commissimi Exp. May 10. 1985 ^~~~~~~- "\..~~~~;A''''-'' CITY CERTIFICATION OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated 'Su he 3 , \ '1 i';) , from 0 a R Ce.",fq') \ f1L 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: ::June 3, 110 By "rh%JkZ. K .2>11 tv/u:" ~ Marjorie'(_ Wahlsten, City Clerk - 3 - . 628 . c ,. .. EXHIBIT "All Parcel No. 79-0072-A (1-22-79) Those portions of Lot 230 of Rancho Verde Unit No. 5 in the County of San Diego, State of California, according to Map thereof No. 7578, filed in the Office of the County Recorder of San Diego County, March 13, 1973 being described as follows: Parcell: BEGINNING at the Southwest corner of said Lot 230, thence along the Westerly boundary of said Lot 230, North 04013125" East, 112.11 feet, thence North 37046' 46" East, 55.00 feet to the TRUE POINT OF BEGINNING, thence continuing North 37046'46" East, 94.26 feet to an angle point in said Westerly boundary of Lot 230, thence South 00010123" East, 73.65 feet; thence South 87029129" East, 94.48 feet to a point in the westerly line of the Easterly 20.00 feet of said Lot 230, thence along said Westerly line South 00010'23" East, 24.00 feet more or less to a point in a line that bears South 79051'10" East from the TRUE POINT OF BEGINNING, thence North 79051110" West, 154.85 feet more or less to the TRUE POINT OF BEGINNING. Parcel 2: (Corrected) All of Parcel 2 of Parcel Map No. 8446, in the City of Poway, County of San Diego, State of California. EXCEPTING THEREFROM, that portion described as follows: Commencing at the Northeast corner of said Parcel 2, being the TRUE POINT OF BEGINNING, thence along the Northerly boundary thereof North 79057'10" West 107.00 feet, thence leaving said Northerly line South 11030100" West 82.00 feet, thence South 59020'00" East 118.00 feet; thence North 28045'00" East 42.55 feet to an intersection with the Easterly boundary of said Parcel 2, thence along said boundary North 00010'23" West 84.57 feet to the TRUE POINT OF BEGINNING. . . . ~~. , ~, . . 6~9 .,~,....... - , ~~ ,~ CORPORATE RESOLUTION TO SIGN ALONE Jurie 19, 1983 It is hereby resolved that Joyce Schrock, President of 0 & R Centers, be allowed to sign alone on behalf of 0 & R Centers, Inc., A ,California Corp- oration, on any ,deeds, .note~, tru.st deeds, ass-i:gnment-s' of :trust deeds, leases, assignments of leases, mortgages, subordinate agreements and any and all other do'cuments pertaining to real estate. This r'esoIution is .a full and true copy of a, resolution .of the Board of Dir- ectors Of said corporation;. duIy !and reguladypassed 'and ,ailopted. at a meet- ing of the Board 6f Directors of said Corporation. This meeting which was duly and regularly calleil and hel,I in all respects as required by law and by the by-laws of said Corporation, June 19, 1981, at which a majority of the Board of Directors voted in f~vor of the resolution. In witness whereof, I have hereunto set my hand as such secretary and affixed the Corporate seal of said C6rporation, thi~ day, June 19, 1981. Atithorize~ signatures: G' 1.1'.:;';,:;' ;"::'" h '. I"~ ,"', ,') '..:'1 ,- ~. ,'. ",' \ \ '. " ' ,'~tvC, 3:"r'lvlcck a~dP. <~ Jp,/ce chtoc)<,"'I~resident Onie O. Lively, Secre ary 'f/. "\ I :-; /-'0.:' 0 & R Centers,. Inc. .'. '.'.\ .:"~I ..-:,-.',) ," // """"'.:' ./ , ""J' ,.,,' "~,,,,,,::. ,~" 7. reas.