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.
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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
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California ^7
County of
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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
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Commission # 145
Commfssbn a 1450304
,.® Notary Public - California
San Diego County
My Comm. Expires Nov 9.2007
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❑ 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]
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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
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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
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PAFICEL 3
PARCEL MAP
NO, 5943
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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
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