Open Space Easement 2010-0057930DOC # 2010- 0057930
RECORDING REQUEST BY: I FEB 03, 2010 3:59 PM
CITY OF POOWAY ) OFFICIAL RECORDS
SAP! DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
WHEN RECORDED MAIL TO: ) FEES: 0.00
OC NA
CITY CLERK i 10528 PAGES: 7
� U P I AY
BOX 789 ) 111111111111 Hill 11111111111111 Hill 1111111111111111111111111 Hill Hill oil 1111
POWAY CA 92074 -0789 )
(This space for Recorders Use)
Assessor Parcel No. 314- 651 -10
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due
Roman Catholic Bishop of San Diego, PROPERTY OWNER, hereinafter called
GRANTOR, does hereby grant, convey and dedicate to the CITY OF POWAY, a
political subdivison of the STATE OF' CALIFORNIA, hereinafter called GRANTEE, an
Archaeological OPEN SPACE EASEMENT to maintain for protection an area of cultural
resources over, upon and across that certain real property described in Exhibit A
(attached hereto).
A) 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 subject land contrary to the purpose of the
easement.
B) GRANTOR convenants and agrees for himself and his successors and
assigns not to construct any structure or another thing on the subject land.
C) GRANTOR covenants and agrees for himself and his assigns that he
shall not excavate, clear, or place sand, soil, rock, gravel or other material whatsoever
on the subject land. No cultivation, grazing, clearing, or removal of vegetation shall
be permitted (with the exception of brush clearing as required and approved by the
Poway Development Services Department).
D) The granting of this easement is for the purpose of controlling the use
of the land within the Open Space Easement and does not authorize or imply that
subject land may be used by the general public. General public access shall be
restricted, and permanent fencing, to be approved by the City, shall be installed around
the easement area unless otherwise approved by the City as follows. In the event
that general public access is to be provided into the area, capping, of "important resource
areas may be required, as specified in the "Cultural Resources Assessment of
SDI -4606 for St. Gabriel Church" (November 2009) by Brian Smith and Associates,
on file with the City. Potential capping of resource areas, and public access
provisions, shall be the subject of an Archeological Resource Preservation Plan to be
developed by the GRANTEE and the project archeologist, in consultation with a
10-()001
St. Gabriel Church 105,29
Open Space Easement
Page 2
Native American tribal representative, as required by Conditions of Approval for the
St. Gabriel Church expansion project on file with the City.
E) GRANTEE shall release and vacate this easement if legislation and
regulations are revised to deem the easement not necessary or not legally required,
or if compensating offsite land is made available to replace this easement.
DATED this day of 12010
Property Owner: Roman Catholic Bishop of San Diego
Father WMatFroidurot
is ae
Approved as to Form
Office of the City Attorney
( a C?
Lisa A. Foster, City Attorney Date
M \p T a n n i n g \j a s o n 1St Gabriel O S E. d o cx
U15 3,Q .
EMT.
State of California
County of San Diego
O �/� !2 Zcl before me, Phyllis Shinn, Notary Public
Date - Here Insert Name and Title of the C
personally appeared / t I t&#
who proved to me on the basis of satisfactory evideril
PHVILIS SHINN be the person l whose, namiis /a, subscribed to the
Commfuion p 1778898 within instrument and acknowledged to me that
.Notary Publfc California tie /syre/t�y! executed the same in his /hot* authorized
San Diego County capacity(ttA, and that by. his /f*,r /tW_signaturea9n the
Comm tgn NovZ2011 instrument the personO, or the entity upon 'behalf of
which the person((h`,) acted, executed the instrument.
'02007 National Notary Association, 9350 De. Soto Am.,RO.Box 2402•Chahnvoh. CA 91313- 2402,w Naithra.Notary.org Item #5907 Rental CallTalhFree 1- 800 -8]6 -682]
I certify under PENALTY OF,PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS myhan nd official seal.
Place Notary Seal Above
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not by law, it may prove valuable to persons relying on ttiedocument
and could prevent fraudulent removal and reattachment of this form.to another document
Description of Attached D cument
Title or Type of Document:
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Document Date: �/
I Number of
Signers) Other Than Named Above.
Capacity(ies) Claimed. by
Signer's',Name:.
Signer's Name:
❑ Individuals
❑ Individual
L1 Corporate Officer— .Title(s):
❑ Corporate Officer — Title(s):,
_❑ Partner, — ❑ Limited El General
❑ Partner — ❑ Limited ❑General ,
❑ Attorney in Fact •
❑ Attorney in Fact
El Trustee Top of
thumb Here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is, Representing:
'02007 National Notary Association, 9350 De. Soto Am.,RO.Box 2402•Chahnvoh. CA 91313- 2402,w Naithra.Notary.org Item #5907 Rental CallTalhFree 1- 800 -8]6 -682]
1053'
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated January 20, 2010, from the Roman Catholic Bishop of San Diego, Grantor, to the
City of Poway, Grantee, 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 CITY OF POWAY
l t
Seal: By:
Linda A. Troyan, MMC, City Clerk
EXHIBIT `A' G
ARCHAEOLOGICAL OPEN'SPACE EASEMENT
THAT PORTION OF SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO 13ASE AND
MERIDIAN, IN THE CITY OF' POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, INCLUDED IN THAT LAND TO THE ROMAN CATHOLIC BISHOP OF
SAN DIEGO DESCRIBED IN DEED RECORDED NOVEMBER 11, 1971 AS FILE PAGE
NO. 261917 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID
ROMAN CATHOLIC BISHOP OF SAN DIEGO; THENCE SOUTH 72 030'47" WEST,
268.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE,SOUTH 01046'47' EAST
87.75 FEET; THENCE SOUTH, 20 °50'26" EAST 37.83 FEET; THENCE SOUTH 64 015'38"
WEST 34.57 FEET; THENCE NORTH 69 °03'27" WEST 49.34' FEET; THENCE NORTH
70021'29" WEST 31.80 FEET; THENCE NORTH 65 °22'33" WEST 27.40 FEET; THENCE
NORTH 57 002'29" WEST' 61.62 FEET; THENCE NORTH 08 °37'04" EAST 25.83 FEET;
THENCE NORTH 55 034'13" EAST 62.87 FEET; THENCE NORTH 88 °05'28" EAST
111.93 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 0.40 ACRE, MORE OR LESS
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIPTION IS THE SOUTHERLY
EAST LINE OF SAID ROMAN CATHOLIC BISHOP OF SAN DIEGO LAND PER
RECORD OF SURVEY NO.9643: NORTH 01 °01'52" WEST.
PREPARED BY:
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EXHIBIT "B, 10533
ARCHAEOLOGICAL OPEN SPACE EASEMENT
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LINE DATA
L1: N88'48'1 5"W 20.02'
L2: N01'01'52 "W 371.16'
1-3: N89' 19'05" W 708.02'
1-4: N00'41'46 "E 306.08'
L5: N89'18'54 "W 500.00'
L6: N00'41'46 "E 464.87'
L7: N89'18'54 "W 251.28'
L8: N72'30'47 "E 268.13'
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EXHIBIT'B' 105344
ARCHAEOLOGICAL OPEN SPACE EASEMENT
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LINE DATA
L1: N65'22'33 "W 27.40'
L2: N70'21'29 "W 31,.80'
L3: N69703'27 "W 49.34'
1-4: N64'15'38 "E 34.57'
1-5: N20'50'26 "W 37.83'
L6: N08`37'04 "E 25.83'
DEED REC. NOV. 11, 1971
F/P NO. 261917
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