Biological Conservation Easement 1998-0074236
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RECORDING REQUESTED BY
CITY OFPOWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA 92074-0789
No Transfer Tax Due
Ast~r Parcel Number 321-160-13
DOCtft 1998-0074236
Feb
12.
1998 8:02
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OFFICIAL RECORDS
SAN DIEGO COUNTY REClIRDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
\ IIIII! IIIII IIIII IIII! IIII \1\~ll~~l]~111\\ IIIII 11m IIIII 1111 1111
BIOLOGICAL CONSERVATION EASEMENT
LAWRENCE E. MODERNO,
hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF POW A Y,
apolitical subdivision of the ST ATE OF CALIFORNIA, hereinafter called GRANTEE, a
"Biological Conservation" easement to maintain as open space for protection'of sensitive plant
species and their natural, habitats over,under,upon, and across that certain real property, in the
City of Poway, County of San Diego, State of California, described as follows:
SEE LEGAL DESCRIPTION MARKED "EXHIBIT A" A TT ACHED HERETO AND
MADE A PART HEREOF,
1) GRANTOR also grants the right to GRANTEE to enter upon the subject land and
remove any buildings,structures, or other things whatsoever constructed, erected, placed, or
maintained' on the subjectland contniry to the purpose of this easement, except as is necessary for
equestrian and pedestrian trail purposes,
2) GRANT0Rcovenants and agrees'for himself and his successors and assigns not to
construct any structure or other thing whatsoever on the subject land,
3.) GRANTOR covenants and agrees for himself and his successors and assigns that
he shall riot excavate,c1ear, or place sand,soil,rock,gravel, or other material whatsoever on the
subjectland, No cultivation,grazing,c1earing, or removal of vegetation shall be permitted (with the
exception of brush clearing as required and approved by the PowayFire Department),
4) The granting of this easement is for the purpose of controlling the use of the land
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, within the "Biological Conservation"'easement and does not authorize or imply that subject land
may be used by,thegeneral public, '
5) GR.ANTEE'shall release and vacate this easeinenfif legislation,and regulations are
revisedt() ,deem the ' easement not necessary or not required,
6) GRANTOR covenantsand,agrees that he shall not:use,the subject land for any
'purpose except biological conservation purposes, Successors,al1d,assigns shall not use the subject
land for any purposes except-biological conservation purposes,
DATED this
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day of ~l1/U..{tUa
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LAWRENCE E, MODERNO
Owner
,1998
NOTARY
SEE ATTACHMENT
FORNOT ARIZA TION
This is to certify that the interest in real property conveyed by the deed or grant
date.<! '::fAN. 2;-." 1'11); from ~""'-'~<"- e-, O'\Ode.C,h 0 to the City of Poway, a.
politi'ca:l corporat.io'n and/or gover,nment agency is hereby accepted by the undersi,gned
officer ,or agen~ on ,behalf on the City Council pursuant to authority conferred by
Resolutibrl No. 34 adopteo on January 20, 1981 arid the grantee consents to recordation
thereof by its duly authorized officer.
Dated: Fe-.b. 0, 1'1 'i '!
k' /U:;uU~
K. Wahlsten, City Clerk
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. . 'C~L"lFORNIA ALL.PURPOSecKNOWLEDGMENT
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No. 5907
State of CA.\... \ R)YLN 1,4
County of SA-1\l \:)l 'EDD
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On
DATE
before me, \. -p, T lL-J\::>-c
NAME. TITLE OF OFFICER. E.G.. 'JANE DOE, NOTARY PU3UC'
NAME{S) OF SIGNEA(S)
o personally known to me - OR - ~proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Lk\i'oJ'Q.e-Nce e_
M 0'0 0'Z-- N <>
personally appeared
f ., T --rr,anrnlr,ln>~)
@ OFFICIAL SEAL :
.' .-.. ,T.D, TRUDE :
;;; .' NOTARY PUBLlC,CALlFORNIAi!l
~, .. COMM. NO. 1164681 -
, SAN DIEGO COUNTY I
l "_ M_Y _C~M~: EXP, DEC, 7, 2001
WITNESS my hand and official seal.
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$IGNATUFE OF NOTARY
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OPTIONAL
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Though the data below is not required by law. it may prove valuable to persons' relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
\3 \ 0 U) b1 C -A:L Co IYF6(?{Zv to\DN
TITLE OR TYPE OF DOCUMENT (:A'SB'll'/J
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
4-
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
\ - ~O-"\CO
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF P!:RSQN(S) OR ENTliY{IESl
SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309.7184
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EXHlBlT A
LEGAL DESCRIPTION
Open Space Easement
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.12029,.IN THE COUNTY
OF SAN 'DIEGO; ST ATE~OF'CALIFORN1A', FILED INTHE OFFICEOFTHE'COUNTY ....,.
RECORDER OF SAID SAN D1EGO,COUNTY ON MARCH 31, 1982, LYING NORTHERLY
AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAIDPARCEL 2; THENCE
NORTH 4050'51"EAST ALONG THE WESTERL YUNE OF SAID PARCEL 2 A DISTANCE
OF 30.04 FEET TO THE INTERSECTION P()INTWlTH THE NORTHERLY LINE OF THE
SOUTHERLY 30,00 F:EET OF SAID PARCEL 2, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE SOUTH,87053'30" EAST ALONG SAID NORTHERLY LINEA
D1ST ANCEOF 168,50 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH
2006'30" EAST 90,00 FEET; THENCE NORTH 63008'35" EAST 392.40 FEET MORE OR
LESS TO THFPOINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID
PARCEL 2, SAID POINT MEASURES 500.00 FEET EASTERLY FROM THE NORTHWEST
CORNER OF SAID P ARCEL2, sAiD POINT BEING THE POINT OF TERMINUS,
Area = 1. 66 Acres
Modemo - Open Space Easement
1-7-97
AES No, 2117
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