Grant of Open Space Easement 1982-317775
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RECORDED, PLEAS eEl V ED \
INSTRUMENT TO:
OCT 26 198'l
19az OCT III Ai{ ll: I< 8
City of poway
City Clerk
P.O. Box 785
Poway, CA 92064
CITY OF POW,\Y
CITY Cl.ERK'S OFFICE
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~u:nY F.LCiJH[fE~
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF OPEN SPACE EASEMENT
Assessor's Parcel
No. 277-020-090
Project
W.O. No.
Parcel No.
Log No.
T.M.l] 6622
Old Coach Properties #3 Ltd., a limited partnership, hereinafter
designated Grantor, represents that it is the owner of the owner
of the hereinafter described real property, and for a valuable
consideration"hereby makes a Grant of Open Space of the herein-
after described real property for the following public purposes:
NOW THEREFORE,
1. The GRANTOR grants to the City of poway
(Al A perpetual easement for OPEN SPACE 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.
(B) The perpetual right, but not the obligation to enter
upon the Subject Land and remove any buildings, struc-
tures 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 exca-
vation or placement of sand, soil, rock or gravel or any
other material done or placed on the Subject Land con-
trary to any term, covenant or conditions of this ease-
ment.
2. GRANTOR covenants and agrees for himself and his successors
and assigns as follows:
(Al That he shall not erect, construct, place or maintain,
or permit the erection, construction, placement or main-
tenance 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 Poway.
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(B) That he shall not use the Subject Land for any purpose
except as OPEN SPACE purposes.
(C) That he 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.
(D) That the terms, covenants and conditions set forth
herein may be specifically entered or enjoined by
proceedings in the Superior Court of the State of
California.
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 solely to
restrict the uses to which the Subject Land may be put.
This easement shall bind the Grantor and his successors and
assigns.
The real property referred to above is situated in the incorpor-
ated area of the City of Poway, County of San Diego, State of
California, and is more particularly described as follows:
A portion of all that land lying within the Northeast
Quarter of the Southwest Quarter of Section 17, Township
13 South, Range 1 West, San Bernardino Meridian, according
to United States Government Survey approved November 19,
1880, all lying in the City of Poway, County of San Diego,
State of California, and more particularly described as
follows:
Commencing at the Southeast corner of said Northeast Quarter
of the Southwest Quarter; thence along the Southerly line
thereof South 88029'52" West 797.43 feet to the TRUE POINT
OF BEGINNING; thence continuing along said Southerly line
South 88029'52" West 223.26 feet; thence leaving said
Southerly line North 42028'39" East 293.05 feet; thence
North 66025'33" East 109.23 feet; thence North 20044'25"
East 46.74 feet; thence North 75008'15" East 228.46 feet;
thence North 65031'14" East 73.37 feet; thence South
48013'21" East 63.59 feet; thence North 70043'08" East
329.68 feet; thence North 46053'34" East 80.48 feet to the
Easterly line of said Northeast Quarter of the Southwest
Quarter; thence Southerly along said Easterly line South
0005'49" East 245.60 feet; thence leaving said Easterly
line South 85037'38" West 163.74 feet; thence South 43024'33"
West 179.41 feet; thence South 79005'48" West 171.58 feet;
thence South 89052'56" West 182.-33 feet; thence South
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68052'30" West 111.94 feet; thence South 49043'11" West
72.04 feet to the TRUE POINT OF BEGINNING.
Excepting that portion of said Northeast Quarter of said
Southwest Quarter as granted to the City of poway as a
flowage easement per Document No. 310311 recorded
October 8 ,1982 in the Office of the Recorder of
San Diego County.
There is reserved to the Grantor, his heirs and assigns, the
right and privilege to use the above described land of the
Grantor at any time, in any manner and for any purpose not
inconsistent with the full use and enjoyment by the Grantor,
its successors and assigns, of the rights and privileges herein
granted.
IN WITNESS WHEREOF,
this -,f'/.-JT
the Grantor has executed
day of d,,/.;J{/
Yt7"
this instrument
1982.
LTD.
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SEE ATTACHED CERTIFICATE OF ACCEPTANCE - CITY OF POWAV
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79-28
Partnership Acknowledgment
} 55.
STATE OF CALlFWlNfA /J .
COUNTY OF ~ ~~'"
On / , 19 9'~. before me, the undersigned, a Notary Public in and
for sa' nd State, personafly appeared ,/d>v ~ /~'--'
known to me to be g~.....a/~ partne"'of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
Notary Seal
WI TN ESS my hand and official seal.
@'j"'O'""
.... " ...... '" " LYNN M, HUGHES
Y -e.' NOTAR( PuBLIC CALIFORNIA
: .1. ~ .. ~ PQINcrPAL OFFICE IN
- , SAN DIEGO COUNTY
"'. '0:" My CommISsIOn Exp No, 23, 1984
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Notary Public in and for said County and State.
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CERTIFICATE OF ACCEPTANCE
I, MARJORIE K. WAHLSTEN, as City Clerk, and agent
for CITY OF POWAY, make the following certification
on its behalf:
This is to certify that the interest in real property
conveyed by the deed or grant dated July 21, 1982
from
OLD COACH PROPERTIES #3 LTD., A LIMITED PARTNERSHIP
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to the CITY OF POWAY, a political corporation and/or
governmental agency is hereby accepted by the under-
signed 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
or agent.
Dated:
Oct.
, 1982
CITY OF POWAY
By:
rn~~ f!. :iV~
Mar] r e K. Wahlsten
Ci ty eerk
(DPS 3/82)
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