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
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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
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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
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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.