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Grant of Open Space Easement 1982-310308 ') .... :f ., ,.. .... - .-, , ~ r-__ 3/0308 - - - ~R!:COIl0[(J:N i.hl OFFIC!^L Hf.COf~US OF SAN DIEGO CCUl,l y, C,I., .. .' :~ ~CREQuem. RECORDED, PLEASE MAIL INSTRUMENT TO: .2331 . City of poway City Clerk P.O. Box 785 Poway, CA 92064 i96Z Dei -8 '.11 S: 02 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. " '. .- ~ . . -~2332 l . (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. .~ " ,"" . . . --233-3 . , " 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!{/ r//' 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 '. , . . 79-28 >- -Z 7 <l: 1_ a. 'c.: ~ '" 0 ~ U t: w " -l d I- ~ f= -::; ~ ~Z E ~ t::: lJ. :J <l: U ~ T-:l4/5m-5-71 . . 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 ~~'-' ;??/ ~h4/ Notary Public in and for said County and State. '" . . 2334 . ... .. ~ ". 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)