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Open Space Easement 2010-0126818DCC # 201 0 - 01 2681 8 IIIIIII IN IIIII IIIII III II IIIII IIIII IIII 111111111111111 II11111111111 RECORDING REQUEST BY: ) MAR 15, 2010 3:01 PM OFFICIAL RECORDS CITY OF POWAY ) s,.4N DIEGO COUNTY RECORDER'S OFFICE DAME, L B111LER, COUNT'7' RECDFIDER WHEN RECORDED MAIL TO: ) FEE;: O NA OC: NA CITY CLERK Ji PAGES: 7 CITY OF AY OBOX 9 P 8 ) �f II�III��IIIIIIIiIIII��IIIIIIIIIIIIII�IIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII POWAY CA 92074 -0789 ) (This space for Recorder's Use) APN: 277 - 010 -09 OPEN SPACE EASEMENT No Documentary Transfer Tax Due This Open Space Easement Deed is being granted and recorded to replace, correct and amend the Conservation Easement Deed recorded on February 10, 2006, as Document No. 2006- 0100422, on file in the Office of the County Recorder of San Diego County. Chris and Annette Thompson, Trustees of the Thompson Family Trust, Dated December 5, 1992, Property Owners (hereinafter called GRANTORS), do hereby grant, convey and dedicate to the City of Poway, a political subdivison of the State of California (hereinafter called GRANTEE), an Open Space Easement to maintain an area for protection of sensitive plant species, wildlife species and their natural habitats over, upon and across that certain real property in that portion of the property described in Exhibit A and Exhibit B. A) GRANTOR also grants the right to GRANTEE to enter upon the subject land and remove any structures 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. IU- 023 OPEN SPACE EASEMENT APN: 277 - 010 -09 Page 2 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. 2010 DATED this _ day of" � '2009.` Owner: The Thompson Family Trust, Dated December 5, 1992 Chris Thompson, Trustee Annette Thompson, Tr stee MAplanning \oda \Thompson OSE re- do.dou CALIFORNIA ALL - PURPOSE h1, CERTIFICATE OF ACKNOWLEDGMENT "CN State of California County of personally appeared who 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 acknowledged to me that bi4s} they executed the same in F iWr /their authorized capacity(ies), and that by ty",gf /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. L Irtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. loot tMARTtliEZ CornlnbNon • 1769669 WITNESS my hand and official seal. Notary Public - Catttornta Son Diego County —� MyccrrtmeomJonM2012 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ( Tite or description of attached document) Pll � D m o n -F- (Title or description of attached document continued) Number of Pages 3 Document Date l \7 )D (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) D Attomey -in -Fact D Trustee(s) D Other %ate 2008 Version CAPA vl2.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be pruperiy completed and attached to that document. The only exception is if a document is to be recorded outside of Cattfomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form frequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdshe /tlwy—, is /aw ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re- seaiif a sufficient area permits, otherwise complete a different acknowledgment forth. • Signature of the notary public must match the signature on file with the office of the county clerk. ♦� Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. t Indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document OPEN SPACE EASEMENT APN: 277 - 010 -09 Page 3 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Open Space Easement by Chris Thompson and Annette Thompson, Trustees of the Thompson Family Trust, dated � – / 7 —/ o , to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981. GRANTEE: City of Poway Linda A. Troyan, MMC, City Clerk Authorized Representative Date: /p —ice EXHIBIT "A" OPEN SPACE EASEMENT SHEET 1 of 2 A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID OPEN SPACE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 18, NORTH 0031'17" WEST 663.00 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE LEAVING SAID EASTERLY LINE OF SECTION 18, ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, SOUTH 89 °20'48" WEST 368.36 FEET TO THE SOUTHEAST CORNER OF THAT PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733 RECORDED APRIL 17, 2002, IN COUNTY RECORDER OFFICE OF SAID COUNTY; THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002- 0321733, NORTH 00 °31'17" WEST 425.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 °20'48" WEST 420.00 FEET; THENCE SOUTH 0031'17" EAST 385.28 FEET TO A POINT ON THE NORTHERLY LINE OF A PRIVATE ROAD AND PUBLIC UTILITY EASEMENT GRANTED PER DOCUMENT NO. 81- 241158, RECORDED ON JULY 30, 1981, IN COUNTY RECORDER OFFICE OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID EASEMENT, SOUTH 89 °20'48" WEST 299.57 FEET; THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT, SOUTH 0034'27" EAST 40.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 8920'48" WEST 280.00 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733; THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733, NORTH 00 °34'27" WEST 610.13 FEET; THENCE LEAVING SAID WESTERLY LINE, THENCE NORTH 5855'35" EAST 93.68 FEET; THENCE SOUTH 3703'54" EAST 31.22 FEET; THENCE SOUTH 67 °56'35" EAST 95.88 FEET; THENCE SOUTH 72 °55'33" EAST 99.24 FEET; THENCE SOUTH 55 °16'34" WEST 116.69 FEET; THENCE SOUTH 25 051'42" WEST 136.98 FEET; THENCE SOUTH 0639'29" WEST 110.84 FEET; THENCE SOUTH 6730'25" EAST 143.45 FEET; THENCE NORTH 6830'01" EAST 134.52 FEET; THENCE NORTH 1850'28" EAST 71.03 FEET TO THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3551'14 ", AN ARC DISTANCE OF 156.44 FEET; THENCE NORTH 1700'46" WEST 94.56 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 "14'49 ", AN ARC DISTANCE OF 75.48 FEET TO A POINT OF CUSP WITH A NON - TANGENT LINE, TO WHICH POINT A RADIAL LINE BEARS NORTH 2944'25" EAST; THENCE ALONG SAID NON - TANGENT LINE NORTH 89 °38'42" EAST 511.68 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE, 1 EXHIBIT "A" OPEN SPACE EASEMENT SHEET 1 of 2 A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID OPEN SPACE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 18, NORTH 0031'17" WEST 663.00 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE LEAVING SAID EASTERLY LINE OF SECTION 18, ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, SOUTH 89 °20'48" WEST 368.36 FEET TO THE SOUTHEAST CORNER OF THAT PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733 RECORDED APRIL 17, 2002, IN COUNTY RECORDER OFFICE OF SAID COUNTY; THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002- 0321733, NORTH 00 °31'17" WEST 425.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 °20'48" WEST 420.00 FEET; THENCE SOUTH 0031'17" EAST 385.28 FEET TO A POINT ON THE NORTHERLY LINE OF A PRIVATE ROAD AND PUBLIC UTILITY EASEMENT GRANTED PER DOCUMENT NO. 81- 241158, RECORDED ON JULY 30, 1981, IN COUNTY RECORDER OFFICE OF SAID COUNTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID EASEMENT, SOUTH 89 °20'48" WEST 299.57 FEET; THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT, SOUTH 0034'27" EAST 40.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 8920'48" WEST 280.00 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733; THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733, NORTH 00 °34'27" WEST 610.13 FEET; THENCE LEAVING SAID WESTERLY LINE, THENCE NORTH 5855'35" EAST 93.68 FEET; THENCE SOUTH 3703'54" EAST 31.22 FEET; THENCE SOUTH 67 °56'35" EAST 95.88 FEET; THENCE SOUTH 72 °55'33" EAST 99.24 FEET; THENCE SOUTH 55 °16'34" WEST 116.69 FEET; THENCE SOUTH 25 051'42" WEST 136.98 FEET; THENCE SOUTH 0639'29" WEST 110.84 FEET; THENCE SOUTH 6730'25" EAST 143.45 FEET; THENCE NORTH 6830'01" EAST 134.52 FEET; THENCE NORTH 1850'28" EAST 71.03 FEET TO THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3551'14 ", AN ARC DISTANCE OF 156.44 FEET; THENCE NORTH 1700'46" WEST 94.56 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 "14'49 ", AN ARC DISTANCE OF 75.48 FEET TO A POINT OF CUSP WITH A NON - TANGENT LINE, TO WHICH POINT A RADIAL LINE BEARS NORTH 2944'25" EAST; THENCE ALONG SAID NON - TANGENT LINE NORTH 89 °38'42" EAST 511.68 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE, SHEET 2 of 2 CONCAVE NORTHWESTERLY; THENCE NO_ RTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN ARC DISTANCE OF 62.83 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002 - 0321733, TO WHICH POINT A RADIAL LINE BEARS NORTH 89038'42" EAST; THENCE ALONG SAID NORTHERLY LINE, NORTH 89n38'42" EAST 124.44 FEET TO THE NORTHEAST CORNER OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002- 0321733; THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO. 2002- 0321733, SOUTH 00 °31'17" EAST 239.64 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED AREA CONTAINS 8.143 ACRES MORE OR LESS. C 10. MARK A. BRENCICK, L.S. 7226 (j �� L007228 " EXP. 12.31 -08 LANDMARK CONSULTING 404MORD /openSPACEesmts.doc EXHIBIT "B" - PLAT FOR EASEMENT GRANT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA z 0 0 Iv m 0 R INDICATES PARCEL "A" INDICATES EXIST. PVT. ROAD AND PUBLIC UTILITY EASEMENT, DOC. NO. 81- 241158. T. P. O. B. INDICATES TRUE POINT OF BEGINNING P.O.B. INDICATES POINT OF BEGINNING N89'38'42 °E 1368.52' 875.72' ,N89'38'42 "E 511.68' \ \\ r. N89'20'48 "E 109.43' LINE DATA NO. BEARING DISTANCE L1 N89'20'48 "E 299.57' L2 N00'34'27 "W 40.00' L3 N5855'35 "E 93.68' L4 N37'03'54 "W 31.22' L5 N6756'35 "W 95.88' L6 N72'55'33 "W 99.24' L7 N55'16'34 E 116.69' L8 N2551'42 "E 1 136.98' N89'20'48 "E 420.00 z T. P. 0.1 IN89'20'48 "E 1367.90' N0031'1 7 °W 40.00' 1/2, Si 114, r SEC J , T133" T.9 N06'39'29 "E 110.84' L10 N67'30'25 "W 143.45' L71 N68'30'01 "E 134.52' L12 N18' 50'28 "E 71.03' L13 N17'00'46 "W 94.56' CURVE DATA N0. RADIUS . DELTA ARC Cl 250.00' 35'51'14" 156.44' C2 100.00' 43'14'49" 75.48' C3 40.00' 90'00'00" 62.83' - N..BRF4 `pF0 n U 1 VI Y RI\ it L.S. 7226 tr CONSULTING Ezp.12/31/08 �lglf OF CAl \F���\� MARK A. BRENCICK, LS 7226 368.36 z 0 ofc.w V o 0 SCALE: 1 200' o INDICATES EASEMENT GRANT V rn C.i SE COR, °o SEC 18 P. 0.8.