Grant of Open Space Easement 1982-099966
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. , . RECORDING REQUE$TED BK,
;- W,IEN R~CORDED:PLEAS~MAI L ..
',HIS,INSTRUMENT TO: -..
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REeE VED
. 82-099866
Cu
CITY, CLERK
cItY OF RO\/A Y'
p." 0,.' B,ox 7,85
Poway, CA92064
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OF ...J, ,n V';'_~:'..I ["lUll 1 It C/~. i
CITY OFPOWAY
CITY CLER~ 'S OFFICE ~ \/I:.I':,t, L,! '. L.C: ',:
COU:~T'I' f~~C'Jf':l;Ei~ I
SPACE ABOVE FOR R OlWER'S USE ONl.'"Y
1382 APR I 2 tiN 10: ;) 7
NO TRANSFER TAX DUE - 0 -
.NO fEia
No,
_GRANT-OF OP,EN'SPACE EASEMENT
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CITY CLEI\,!!, S (;,-F1C:: I
WHEREAS, DELBERT L.-HUGHES, a marri ea man"
as his sole and separate property h
1, warrants that e is the owner of the
FEE SIMPLE ESTATE in and to the land in the City of Poway,' State of California, described in Exhibit "A"
attached hereto ("The Subject Land"); which estate is or may be subject to real estate taxes, assessments, conditions,
restri'ctions and easement all as the same may be of record, and
Project
W.O. No.
Parcel No.
Log No.
TM14579
As'sessor's Parcel
276-140-03
81-0456-A
726-10
2.. It Ls the desire of the Grantor and the Ci ty of Poway, a political subdivision of the State of California (herein
after refEmedto as "CITY" , that the Subject Land remain OPEN SPACE.
NOW THEREFORE,
1, The G RANTO R grants to the Ci ty,
,(A) A perpetual easement for OPEN SPACE purposes over, upon, across and under the Subject Land, and no build,
ing, 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 oblignt:onto enter upon theSubjecF 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 himself and his successors an~, assigns as follows:
(A) That he shall not erect, construct, place or maintain, or permit the erection,.construction, placement or m~_inte-
nance 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 theiCi ty of 'poway,
(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 tlie'Subject Land without the written permission of
the County or its successors or assigns: provided,however, thatGrantor may 'excavate, grade or place sand, soil,
rock gravel or other material on the Subject Land as may'bepermitted by'special use permit issued pursuant to
the zoning ordinance of the Ci ty of Poway,., '
(D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceed,
'ingsiimthe'Superior'Courtof the'Stafe'of California.' '
The grant of this easement and its acceptance by the Clty' 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.
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EXHIBIT "A"
Parcel No. 81-0456-A (.4-28-81) (LT:LT:ab)
That portion of the',l~est Half of Sect,ion 8 and that portion of the East,
H'ci:lf of Sec't i on i, both in -Townshi p 13 South, RangelWes t, San Berri'ardino
Meridian, in the County of San Diego, State o,f California, according to
United States Government Survey, des cri bed a's fo'" ows :
BEGINNING at ,a po.,int in the Westerly line ,of said West Half of Section 8
distant thereon North 00025' 57" East, 88.27 feet,'from the West Quarter
@r;m~r thereof; thence South250lO'28~' Wesh ~ distance of 140.58'feet;
thence South 280 39' 49" East, a distance of 289,11 feet ; thence
South 12001'56" East'; a dtstance of 215.05' feet; thence North 86013'09"East
a distance of 240.32' feet; :thence South 74~03i05" East, a distance of
219.17 feet; thence South 42029' 35" East, a distance of 190.93 feet;
thence North 29019'12" East, a distance oJ 39.'83 feet to the beginning of
a tangent 100 foot raMus curve concave W'esteriy;thence Northerly along'
the',arc of said curve through a central ,angle of 49033'57" a distance of
86.51' fe~t;thence,tang!=nf to said curve North 20014'45" West, a distance "
of 43,44 feet to the beginning of a tangent 150 foot radius curVe concaVe
Easterly; thence Northerly along the arc of said curve through a central
angle',of 510l4'20"a distance 'of 134.14 feet; .thence tangent to said
curve North 30059' 35" East', a distance of 75.10 feet; th'ence
North 48040'31" West, a distance of 206.60 feet to the beginning of a
tangent 100 foot radi us curve, concave Northeas,terly; thence Northwes t-
erly along the arc of said curve through a central angle of 34028' 00" a
distance of 60.16 feet;,th~rice tangent to said curve North 14012'31~' West,
a di stance of 19.38 feet to the begi nni ng 'of a tangent 100 foot radius
curve concave Southwesterly; thence NorthwesterlY- "along the arc of said
curve through a - centra''- angle of 46021' 55'; a dis:tance of 80.92 feet;
thence tangent to said cu'rve North 60034'26'" \<{est, a distance of 76.2'1
teet to the beginni,ng of a tangent 150 footra9ius curve con!=ave,North~
easterly;' thenceiNo'rthwesterly along the arc of said curve through a ,.
central angle of ,50;'033'31" a,distance of 132.36f~et; thence tangent to
sai,dcurve Nordi' 10000'55" West', adistalice Of 181.39; feet to the' be'gi,n-
ni ngof' a tan'gerit 300 focitradi us cur,ve concave Easterly; thence:North~
erly along the arc of sai d curve thi"ough,a central angle of 02004',06,')
a distan'ce o'flO'.'83 feet; thence non"tangent to said' curve '
North~9'?55"O.8" West" adis tance of 269 .,95' fe~,t to a 'poi,nt wh ichbeats
North 25010 "28!' East" p- dis tanc~ of :194.76. reet from the poi,nt of
beginning; thence ,South 25010'28'" West, la'dfstarice of 194.76 feet to
the POINT oF BEGINNING.
EXCEPTINj.], T:~~REfROMtI)_e E2steny. gnd. N,~T1;heJls,terly }O.QQ tegt.,
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Thls Open Space ' EaseIllent shall preclude'vegetatIon rem,oval or
addit ions wfth:the excep,ti on thatbrushc leari,ng for fi re
protecti on purposes shall be permitted upon ,vlritten order by
the appropriate fire fighting or fire protection agencies.
The aforedes.cr,ibed co"enants and conditions shall not ,prevent' the
use of the air;space above said easement f6,fthe irista)lation of
electric im'd telephone power cables and wires, for the, transmission
of eleqr'icityarid communications by any bona fide public utility
company, their representati ve, successors or ass i gn5'.
Any said public uti:litycompany, its, representati ve, successor or
assigns shall permit foot traffic' only within said easement for
the purpose of installing said wires and cables.
An~ said rublic utflity company, its representative, successor or
assigns, sha'llnot place or install anY poles" towers, pads or' any
oth'erappurtenances ,to ,said cables arid.'~iiires, upon or under the ,
" ground Surface of said easement, and shali [lOt store Ql' stockp'ile
, anythi ng Within the boundaries of said ,easement without prior
written approval of, the Director of the County of San Diego Depart- '
ment of Planning and Land Use.
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Any sai,d public utility company, its representative, successor or
assigns, shall exercise ,due care while,be,ingwithin the boundary
of said'easement to' preserve the intent of'creating this Open
Space Easement.
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Dated'this
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day .of
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DEU3ERTL. HUGHES
, 198..L
stATE,OF ~/;k "
Caunty .of A.... ~~;o
g~'unty~ttXe, !ertnallY appeared
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ss,
,19 'i'1 befa're me, the 'unaersigned, a Notary Public in and far'said'
---pelh...r+ L-, 1---l1A..3hp,<;
knawn ta me tO,'be the persan
instrument, and acknawledged that
whase name
fie:.
15 subscribed'ta the within
executed the same,
, ry Public in and far said Caunty and State
,
Il'rlfmIITlIIllU"lllUllflIIIt111I!!lllIl1llfllllllllllllllllllUUTlIU11111lllllllllllllUrrrnrnmRllRl"'!l
S 'OFFICIAL SEAL - =
I MICHELE A, PASCO i
~~ NOTARY PU8L1C CI'l.L1FOo1NIA ==~
pnlf\!C!~.A.L rn::FICE IN
~ '" -. ' SAN ,DIEGO' COUNTY ~
~ _ My'(;()rnmiSsion,E:xp'ires M?rch:23, 1982 ;;;
1Zll11IIIIIIllUIIlIIIII1lIUIlUllIlUWUlWlI1IlWllUlWIWIIlJUlUUlIDwWW1IIUlUiuhlUIllUlmU
STATE OF CALIFORNIA,
Caunty .of San Diega.
ss.
On this day .of in the year 19 , befare me, ROBERT D, ZUMWALT,
Caunty Clerk and ex-afficia Clerk, .of ,the Su'periar Caurt in and for said Caunty, which is a caurt .of recard
having a seal, persanally appeared
knawn ta me ta be the persan described in and whase name
subscribed ta and who executed the annexed instrument, and acknawledged ta me that
he executed ,the same,
IN WITNES?'WHEREOF"I have hereunto set 'my hand and affixed the seal .of said Court at my .office in the
'CauntyafSan Diega, the day'and year in this Certificate Jirst abave..written.
RQBERT D"ZUIVIWAL T, Caunty :Clerk and eXeaf,ficia Clerk .of the Superiar Caurt
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By
, Deputy
w'
This is ta certify that the interest in real property canveyed by the faregoing deed .or grant ta the Caunty .of
'San Diega, a palitical carparatian, is hereby accepted an behalf .of the Baard .of Supervisars .of said Caunty
,.oJ ,San, Diego,pursuant ta31utharity canferred by ,~~soJuti,q11 af'sa1g BO,arcLa~aptedan,March20, 1979,and:tne'
Graritee:carisenfs ta r'ec'ardaiian thereo'f by its du Iy authorized'afffcer. '
Dated
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WI LLlAM L. SULLINS, Director
Facility & Real Property Division
Department of General Services
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CCSF'8551
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This is to certify that the interest in real property conveyed by the deed or grant
dated 5 -/4 -8"1 from Dc-I be.rr L. J-jU)/.f'~ ) c...
r't., M....Y'\
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:! \ - ~ - 8) By ~ k K zJ/; 4.A....c b..
Marjor'e . Wahlsten
City C er
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