Grant of Biological Conservation Easement 1998-0539069
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/' 'RECORElING,REOUESTED BY:
CITY OF POWAY
1197
Aug 25. 1998 8:27 AM
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AND WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
.SANDIEGOCOUNTY RECORDER'S OFFICE
GREGORY J. SMITH,C()lJNTY RECORDER
FEES: 0,00
DC: NA
SPACE ABO\~ /11111111111I11 JIIIIIII I II !IIIIIIIJ/ II "-,
1998,0539069
GRANT OF BIOLOGICAL CONSERVATION EASEMENT
CITY CLERK
CITY OF POWAY
P,O, BOX 789
POWAY, CA 92074
APN: 321-111-19
WHEREAS,
I. K im S, Stratton, a married man as his sole and separate property warrants that I am the owner of the
land in the City of Poway, StateofcGalifornia, described.in Exhibit "A", \vhich land is or may be
subject to real estate taxes, a~s~ssnients, conditions, and easements'all as the same may be of record,
and
2.It is the requirement of the City of Poway, a political subdivision of the State of California
(hereinafter referred to as "City"), that a'portion of said land, described in Exhibit "B" ("The Subject
Land") become a BIOLOGICAL CONSERVATION EASEMENT in order for Grantor to obtain a
building permit.
NOW THEREFORE,
I, The Grantor grants to the City, the State of California Department of Fish and Game, and the
United States Fish and Wildlife Service,
A, An easement for biological conservation purposes over the Subject Land, and no building,
structure, interior fencing, or other thing whatsoever shall be constructed, erected, placed, or
maintained on the Subject Land except as exists,
2, The 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,
plasetllent, or maintenance of any building or structure or other thing whatsoever on the
Subject Land,
B, That he shall not use the Subject Land for any purpose except biological conservation
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 a'ny sand, soil, rock, gravel, or other material whatsoever on the
Subject Land, NO,grazing, cultiyation, clearing or removal of yegetationfor any purpose
shall be permitted (With the exception that hand brush clearing shall be required as directed
by the Poway Fire Department),
D, That the terms, covenants, and conditions set forth herein may be specifically enforced or
enjoyed by proceedings in the Superior Court of the State of California,
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The grant of this easement and its acceptance by the City of Poway shall not authorize the publ ic or any
members thereof to use or enter uponaJl 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. The
grant of this easement is subject to recision should local, state, or federal regulations change so as not
to necessitate this easement.
This easement shall bind the Grantor and his successors and assigns,
Dated this Z 2. n d day of .::J LJ N e..... 1998,
CITY CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant deed dated ,
1998 from Kim S, Stratton 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 Grantee consents to the recordation
thereof by its duly authorized officer.
Dated
August 24, 1998
By -900~ n_. ~G'
ssfstant City Clerk '
':'. .,~~:IF~RNIA..ALL'PURPOS'ACKNO.wLEDGMENT
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No. 590?
199
State of
County of
On
before me, Qd... r ~ i -e. :s-I-Tee fer
DATE NAME/TE OF OFFICER. E,O:, 'JANE DOE, NOTARY FUBLlC'
personally appeared KlrnS, S+ro.. on
NAME(S) OF SIGNER(S)
~sonally known to me - OR - 0 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 belialf of which the
person(s) act~H:t;"'e,ecuted the instrument.
NESS-m~nd
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.. ":".~, CARRIE. STREHER'1J
II '; ;'. Comm,tI1071236. <::
:>~... ~ NOTA!,; FueUC .CAlJFORNlA lJ<
>, . i/iV- - ~en,OtGEo Cocnty
0.. ~. "M,. M-JCOrrm,wresSegt..19,'l999.....
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.......,.......,.........,.......".............._.........r,................._______
51 AT ARY
OPTIONAL
Though the data below is not required:by law, it may prove valuable to'persons,relying.onithe document and could prevent
Iraudulentreattachmenrol thislorm,
CAPACITY CLAIMED,BY SIGNER
o 'INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION.OF ATTACHED DOCUMENT
TITLE(S)
TI;rlEOR tyPE OF DOCUMENT
o PARTNER(S) 0 LIMITED
DGE~ERAl
o ATIORNEY,IN'FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
OOTHEcR:
NUMBER,OF,pAG,ES
[jATEOFDOCUMENT
'SIGNER IS REPRESENTING:
NAME-OF,P~R.SON{S) OR ENT1TY(lES)..'
SIGNER(S) OTHER THAN NAMED ABOVE
C>1993 NATIONAL NOTARY: ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184'. 'Canoga P.ark, C~. 91309~ 7184,
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EXHIBIT "A"
1200
PARCEL 3 OF PARCEL MAP 13385 IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
COUNTY IN BOOK OF PARCEL MAPS AT PAGE 13385 ON JULY 24,1984 AS FILE NO,
84,278955,
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EXHIBlT "B"
BIOLOGICAL OPEN SPACE EASEMENT
PARCEL 3, PARCEL MAP 13385
BEGINNlNG AT THE NORTHWEST CORNER OF PARCEL 3 OF PARCEL MAP 13385 IN
THE CITY OF POW A Y, COUNTY OF SAN DIEGO, ST ATE OF CAliFORNIA FILED IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY IN BOOK OF PARCEL
MAPS AT PAGE 13385 ON JULY 24, 1984 AS FILE NO, 84-278955; THENCE, SOUTH
89037' 13" EAST ALONG THE NORTHERL Y LlNE THEREOF 436,25 FEET; THENCE,
SOUTH 11024'02" WEST ALONG THE EASTERLY liNE OF SAID PARCEL 3, 20506
FEET; THENCE, WEST 349,38 FEET TO THE lNTERSECTlON WITH THE WESTERLY
LlNE OF SAID PARCEL 3; THENCE, NORTH 12047'57" WEST ALONG SAID WESTERL Y
LINE 209, 10 FEET TO THE POINT OF BEGINNING,
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