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Open Space Easement 2004-0538030d�n�Ij - RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax APN: 275 - 240 -36 BCC 2004 ®0538030 JUG! 09, 2004 8:54 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA (This space for Recorder's Use) OPEN SPACE EASEMENT Sean T. Tracy and Shelley Tracy, PROPERTY OWNERS, 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 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 more particularly described as Exhibit A and Exhibit B: 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. 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 off site land is made available to replace this easement. Z+ t6� Ml vqp 00 -V20 Open Space Easement Tracy, MDRA 00 -120 Page 2 DATED this 3d day of June 2004. DATED thisl3i° day of June 2004. LShelle�`fr 'c , Owner r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ^7 County of . /1/ ke, ss. On Jitir', 3j Zoo before me, TTIYLL�S_ / /NN /177— yVK3L��r Date _ — and Tno nlcer nr O raNet., -Jane ooe. NOla ublld'1 personally appeared e IN .SE J Commission # 145 Commfssbn a 1450304 ,.® Notary Public - California San Diego County My Comm. Expires Nov 9.2007 01 mgnegsl ❑ personally known to me ',roved to me on the basis of satisfactory 7evidence to be the person(i whose name( is /a`y( subscribed to the within instrument and acknowledged to me that hi executed the same in his /[Wr /tXlr authorized capacity(, and that by his/* /t* signaturlon the instrument the person(k), or the entity upon behalf of which the person(, acted, executed the instrument. WITNES y hand and If 1 seal Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here ❑ Corporate Officer— Title(s): • Partner — ❑Limited ❑General • Attorney -in -Fact • Trustee • Guardiah or Conservator • Other: Signer Is Representing: 0 1999 National Notary Associalio -9350 Be Soto Ae.,Pe. Box 2402•Chatswodh. CA 913132402• xww.nationalnotanorg Prod. 6o. 5907 Reorder: Call Toll Free 1800- 8766827 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ri — /) `4 ss. On Z� / before me, JHiA//v, JpO -%'' y 14�6 Date /' Name and Title of Officer P.9 'Jane Data, Notary Public") personally appeared ,c• o. 1. fe ❑ personally known to me ` 4roved to me on the basis of satisfactory evidence to be the person l whose narif is /aK subscribed to the within instrument and acknowledged to me that I)4 /she /tNy executed the same in �(S/her /tf)olr authorized capacity(ie;z), and that by fpi/her /tfie( signature(Ron the instrument the person* or the entity upon behalf of which the person( acted, executed the instrument. WITNESS A! hand and official seeP Signature of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here • Corporate Officer — Ttle(s): • Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Naticnal Notary ASeocialion • 9350 De Sato Ave.. P.O. Sex 2402 • Chatsworth, CA 91313 2402 • ww moionalnolary .org Prod. No. AM Former', Cell Toll Free 1 -800 a]6 -682] 0 0 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Open Space Easement by (Propety Owner (s), dated June 3. 2004 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 /n�', By: lit N'j— — P0 rDpj Title: Lori Anne Peoples, City Clerk Authorized Representative Date: June 8. 2004 0 0 November 6, 2002 J.N. 296.00 EXHIBIT `A' LEGAL DESCRIPTION BIOLOGICAL CONSERVATION EASEMENT BEING A PORTION OF PARCEL 3,017 PARCEL MAP NO. 5948, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 3, ALSO CALLED THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE THEREOF 1. NORTH 88 036'46" WEST 385.02 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE ALONG THE EASTERLY BOUNDARY LINE 2. NORTH 35 028'30" EAST 355.40 FEET TO THE TRUE POINT OF BEGINNING; LINE 3. NORTH 54°31'30" WEST 59.10 FEET; THENCE 4. NORTH 35 028'30" EAST 59.10 FEET; THENCE 5. SOUTH 54 031'30" EAST 59.10 FEET TO SAID EASTERLY LINE; THENCE ALONG SAID LINE 6. SOUTH 35 028'30" WEST 59.10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3,493 SQUARE FEET, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR CFF-xp6U=( o7z P.L.S. 7443 DATE Page I of I 0 �l Lot name: BIOLOGICAL CONSERVATION ESMT North: - 5258.9701 East: 763.5954 Line Course: N 54 -31 -30 W Length: 59.10 North:- 5224.6716 East: 715.4662 Line Course: N 35 -28 -30 E Length: 59.10' North:: - 5176.5424 East: 749.7648 Line Course: S 54 -31 -30 E Length: 59.10 North: - 5210.8409 East: 797.8940 Line Course: S 35 -28 -30 W Length: 59.10 North:: - 5258.9701 East: 763.5954 Perimeter: 236.40 Area: 3,492.81 sq.ft. 0.080 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90 -00 -00 E Error North: 0.00000 East: 0.00000 Precision 1: 236,400,000.00 CJATY OF POW EXHIBIT H OPEN SPACE EASEMENT DEDICATION LEGAL DESCRIP710N: PARCEL 3 OF PARCEL MAP NO. 5948 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN MAY 19, 1977 EXISTING 60' PRIVATE ROAD ESMT PER DEED DOC 77 00 LINE TABLE LINE BEARING LENGTH L1 S307637 E 25.82' L2 5393858 "E 26.91' L3 S74193 "48"E 60.27' L4 S7875'30 'E 26.08' L5 S8932'08 "E 25.97' L6 N827133 "E 59.91' L7 N65'51'13 "E 27.62' L8 N553548 0E 2330' L9 N4144'14 E 25.20' LID N2470'16'E 15.90' Lll N17'47'17 'E 33.09' L12 N07'33'21 'E 37 93' L 13 N08 42'02 "W 24.61' L14 N28199'16 "W 22.76' L15 N4227"23 "W 20.52' L16 N66V8'18 "W 49.11' L17 N6373'18 "W 33.78' L18 N7479'47 "W 13.91' L19 N0553'f0 E 11.53' L20 N2233'03 'E 16.11' L21 N4250'59 "E 15.79' L22 N5930'56 0E 13.88' L23 N8521'24 "E 22.54' L24 583'45'10 'E 34.17' L25 S7920'56 "E 69.85' L26 S7930'53 "E 66.39' L27 SO425'43 'W 10.91' L28 S83VO'05 E 16.12' L29 N082859 E 10.34' L30 S8155'38 "E 10.49' LJ1 S8533'16`E 25.35' L32 S90V0'00 E 31.10' L33 N8138'05 E 39.15' - 5479 PARCEL 58 DATED 1 -6 -77 BK 1977 OF O.R. R. JF S. 3842 �N N6071'00"W 61.00' CIRCLE N68'41''�- 7ROA:: N2949 "09"E -3000 �o r °o. h c R c� R' cQ v 2 �1 �I WI N1 z1 I I I I 'n I a I R= 499.51 L= 74.10' PAFICEL 3 PARCEL MAP NO, 5943 0 I� h 2 R Ell v� Z z, Lil cc R Oti PAF 6 fGEL 6 V1 594�i W. 119- SEC 36 '�P6tQ� T.13S, R.2W S.B.M. LEGEND: PROPERTY LINE O PARCEL 'A' - AREA TO BE DEDICATED AREA =111, 800 SF (2.566 AC) THIS PLAT WAS PREPARED WITH MY KNOWLEDGE AND CONSENT: OWNER /APPLICANT: SEAN TRACY ADDRESS: 11726 FANTASIA CRT, SAN DIEGO, 92131 PHONE NO. (858) 677 -9880 . 296ESMT1.d"g 10 -24 -02 4:10:34 pm EST rR1A.. S. 7443 Exp. 6 /30 /(,26/�* Of C MIGUEL MARTINEZ DATE MAP PREPARED BY: PARTNERS Planning & Engineering ADDRESS: 9988 HIBERT STREET STE. 212 SD CA 92131 PHONE NO.(858)695 -3344 L.S. N0. 7443 SHEET 1 OF 1 SHEET