Grant of Open Space Easement 1982-310308
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OFFIC!^L Hf.COf~US
OF SAN DIEGO CCUl,l y, C,I.,
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RECORDED, PLEASE MAIL
INSTRUMENT TO:
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City of poway
City Clerk
P.O. Box 785
Poway, CA 92064
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NO TRANSFER TAX DUE
I _yEP-A L.LYi.E,_ I
~UN r y nECORDE2-J
SPACE ABOVE FOR RECORDER'S
HOFel
USE ONLY
GRANT OF OPEN SPACE EASEMENT
Assessor's Parcel
No. 277-020-090
Project
W.O. No.
Parcel No.
Log No.
T.M. ] 6622
Old Coach Properties #3 Ltd., a limited partnership, hereinafter
designated Grantor(s), represent that it is the owner of the here-
inafter described real property, and for a valuable consideration,
hereby make(s) a Grant of Open Space of the hereinafter described
real property for the following public purposes:
NOW THEREFORE,
1. The GRANTOR grants to the City of poway
(A) 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.
(E) 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:
(A) 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 zoing 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 of 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: .
Beginning at the Northwest corner of said Northeast Quarter
of the Southwest Quarter; thence Easterly along the North-
erly line thereof North 88000'20" East 1351.00 feet to the
Northeast corner of said Northeast Quarter of the Southwest
Quarter; thence Southerly along the Easterly line thereof
South 0005'49" East 540.00 feet; thence leaving said
Easterly line North 57016'06" West 240.00 feet; thence
North 88037"34" West 510.00 feet; thence South 23018'46"
West 131.00 feet; thence North 89052'23" l0i7est 585.00 feet
to the Westerly line of said Northeast Quarter of the
Southwest Quarter; thence Northerly along said Westerly
line North 0018'23" West 470.00 feet to the POINT OF
BEGINNING.
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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 -?/ -:2/
the Grantor has executed
day of "2,,J!{/
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this instrument
1982.
OLD COACH PROPERTIES #3 LTD.
:y(2;Z;;;;;PJ~
~ neral Partner
SEE ATTACHED CERTIFICATE OF ACCEPTANCE - CITY OF POWAY
This is to certify that the interest in real property conveyed
by e foregoing deed or grant to the City of Poway, a po' cal
corpora . n, is hereby accepted on behalf of the Cit uncil of
said City pu ant to authority conferred by re tion of the
Board of Supervis of San Diego County ed on March 20, 1979
and as adopted by sai "ty Council, the Grantee consents to
recordation thereof by its orized officer.
R. J. Berryman
City Engineer
Date
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79-28
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Partnership Acknowledgment
} 55.
STATE OF CALlfjJRNf~/.1 .
COUNTY OF ~ AY~';;
On --? / , 19.&? before me, the undersigned, a Notary Public in and
for s and State, personafly appeared /' d'-/ ;??C /~~
known to me to be ~-rI'~ -of-.fM partne~of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
Notary Seal
WITNESS my hand and official seal.
~. <> OFFICtALSEAl
i ........... LYNN M. HUGHES
: _ ' ? NOTARY PUBLIC. CALIfORNIA
~ r - ... PRINCIPAL OFFICE l~
, SAN DIEGO COUNTY
'.,,,;" My CommISsion Exp Nov, 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 PTD., A Limited
Partnership ----------~------------------------------
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:
10/6/82
CITY OF POWAY
By:
lnansW. k :Wcvl~t
MarjQrie K. Wahlsten
Ci ty t,lerk
(DPS 3/82)