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Grant of Biological Conservation Easement 1998-0539069 ~" , . o , DOC t 1998-05390690 o ',.,,/,., "/> ..".. 1;-: /' 'RECORElING,REOUESTED BY: CITY OF POWAY 1197 Aug 25. 1998 8:27 AM , 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, " ' . . 1198 , . ~ . /~ 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 . 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 ~ ~-^ "^::. ^- '^ A. ~.--^ ~ ^ -^ ^-f .. ":".~, CARRIE. STREHER'1J II '; ;'. Comm,tI1071236. <:: :>~... ~ NOTA!,; FueUC .CAlJFORNlA lJ< >, . i/iV- - ~en,OtGEo Cocnty 0.. ~. "M,. M-JCOrrm,wresSegt..19,'l999..... J' tlFO 1 ." .......,.......,.........,.......".............._.........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, . . 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, . . 1201 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, \) WILLIAM], . '- , ,Iv!t 'J723 ERn E;\'(;I.'\"t:EIH."{;, J.'''c. .~)17!'Ill' ~F\'. 2 '" . . " PLAT OF EN SPACE BIOLOGICAL OP PCl 3 PM-13385 EASEMENT ki 25' 5~ E 202. N86"5Y1 NOT TO SCALE 97-23A ENGINEERING,lNc. lQ;)" ERB ENGI"t:f~S II< ...~. f:~ S1J1M'Itl:..,p. t:OIJ< Jtf!l '~=,.~J'1::'- -- 1202 '