Grant of Open Space Easement Deed 2002-0120447RECORDING REQUESTOY: )•
5282 t,..
CITY OF POWAY ) DOC # 2002 - 0120447
AND WHEN RECORDED MAIL TO: FEH 12P 20022 8:55 AM
CITY CLERK 3
CITY OF POWAY j OFFICIAL RECORDS
P.O. BOX 789 ) SAN DIEGO COUNTY RECORDER'S OFFICE
1� POWAY, CA 92074 -0789 ) GREGORY JSMITH, CO MRECORDER
ulJ�
Ot?h� APN: 275- 331 -16
/CA�ti
GRANT OF OPEN SPACE EASEMENT DEED
WHEREAS,
Espola 147/152 L.L.C. ( "GRANTOR hereinafter) is the sole owner in fee simple of certain
real property in the City of Poway, County of San Diego, State of California, commonly
known as Assessor's Parcel Number 275- 331 -16 ( "PROPERTY" hereinafter), and more fully
described as:
LOT 147, AND THAT PORTION OF LOT 148 OF GREEN VALLEY
ESTATES UNIT NO. 11, ACCORDING TO MAP THEREOF NO. 4586,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 13, 1960.
2. PROPERTY is or may be subject to real estate taxes, assessments, conditions and
easements all as the same may be of record; and
3. A portion of PROPERTY, as described in Exhibit "A" and depicted on Exhibit "B" ( "SUBJECT
LAND" hereinafter), is a portion of an open space corridor being established along Espola
Road, a General Plan designated Scenic Corridor; and
4. It is the desire of GRANTOR and, a political subdivision of the State of California ( "CITY"
hereinafter), that SUBJECT LAND remains open space.
NOW THEREFORE,
GRANTOR grants to CITY,
A. A perpetual easement for open space and conservation purposes over, upon, across
and under the Subject Land, and no building, structure, interior fencing, access to
Espola Road, or other thing whatsoever shall be constructed, erected, placed or
maintained on SUBJECT LAND.
B. The perpetual right, but not the obligation, to enter upon SUBJECT LAND and remove
any buildings, structures or other things whatsoever constructed, erected, placed or
maintained on SUBJECT LAND contrary to any term, covenant or condition of this
easement or to repair damage resulting from a breach of any condition of this
easement.
C. The perpetual right, but not the obligation, to prevent any activity on or use of
SUBJECT LAND that is inconsistent with the purposes of this Open Space Easement
and to require the restoration of such areas or features of SUBJECT LAND that may
be damaged by any act, failure to act, or any use that is inconsistent with the purposes
of this Open Space Easement.
2. GRANTOR covenants and agrees for themselves and their successors and assigns as
follows:
Dov -005
A.' • That they sl— 1 not erect, 'construct, place or' mairain, or permit the erection,
construction, placement or maintenance of any, building or. structure or other thing
whatsoever on SUBJECT LAND.
B. That they shall not use SUBJECT LAND for any purpose except as open space.
C. That they shall maintain and irrigate the installed landscape materials on the SUBJECT
LAND, consistent with the landscape plans on file with the City of Poway Planning
Division, in perpetuity.
D. That the terms, covenants and conditions set forth herein may be specifically enforced
or enjoined by proceedings in the Superior Court of the State of California.
The grant of this easement and its acceptance by the City of Poway shall not authorize the public or
any members thereof to use or enter upon all or any portion of SUBJECT LAND, it being understood
that the purpose of this easement is solely to restrict the uses to which SUBJECT LAND may be put.
This easement shall bind GRANTOR and his successors and assigns.
Dated this ,7„ 2 day of '2002.
Legal Re iresentative forlEsopla 147/152 L.L.C.
(Signatureslmw4 be notarized)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
January 22 , 2002 from Espola 147/152 L.L.C. to the City of Poway, 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 February 7, 2002 By
Lori Anne Peoples
City Clerk
CAMy Documents \Miscellaneous \momsenesmt2.rtf
EXHIBIT "A"
Z// a / —/P
10 FOOT COMMUNITY RECREATION TRAIL EASEMENT
BEING A PORTION OF LOT 152 AND LOT 153 OF GREEN VALLEY ESTATES
UNIT NO. 11, MAP NO. 4586 RECORDED JULY 13, 1960 IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 152; THENCE
SOUTH 88 057'25" EAST, 142.53 FEET; THENCE SOUTH 00 °05'45" EAST, 10.00
FEET; THENCE NORTH 88 °57'25" WEST, 142.53 FEET; THENCE NORTH
00 005'45" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING.
528,4
ND
ROBERT B. SERVICE
G�'
� ROBERT BRICE
PLS 4456
'' sE�ncE
Ep.� t�
No. 4456
528,4
0
5285
EXHIBIT "A"
4 0 %/8
15 FOOT OPEN SPACE EASEMENT
BEING A PORTION OF LOT 152 AND 153 OF GREEN VALLEY ESTATES UNIT
NO. 11, MAP NO. 4586 RECORDED JULY 13, 1960 IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 152; THENCE
SOUTH 00 005'45" EAST, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 057'25" EAST, 142.53 FEET; THENCE SOUTH 00 °05'45" EAST,
15.00 FEET; THENCE NORTH 88 °57'25" WEST, 142.53 FEET; THENCE NORTH
00 005'45" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING.
pit d
�NO SG9
ROBERT B. SERVICE
�PLS
4456
RT B RICE
VICE
. 4456
EXHIBIT B
EA 01 -18 "
5286
NORTH
ESPOLA ROAD SCALE: 1" = 40'
N88 °57'25 "W 142.53'
10.00
N88`57'25 "W 142.53'
N88'57'25 "W 142.53' _
10.00'
115.00'
A
15.00'
10' TRAIL EASEMENT
M
<1
15' OPEN SPACEI r
1
a'
EASEMENT
c�
N
o"
LOT 15-2 & A PJri7101\J (6
I
�D
O
r
OF LOT 053 f �rl MAP
N0, 4586
p
—1 Z
<1
� 47.50'
\
195.0000'
! !.
N89 °54'15 "E 142.50' -!
!
20' EASEMENT FOR UTILITY
PURPOSES
RECORDED AUGUST 16, 1965.
AS FILE
aS���NDS�9G NO. 146956 OF OFFICIAL
F
RECORDS.
U� ROBERTBRICE
J
O
p
SERVICE
KNOWLEDGMENT pll 5287
State of l
County of ��Q +PcOc 1l
On I -aa -U �, before me,
DATE
personally
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory ev1 nce
to be the person(s) whose name(s )-Is/ re
subscribed to the within instrument and ac-
knowledged to m�t he /she/they executed
the same in Is er /their authorized
capacity(ies), and that by is/ er /their
signature(s) on the instrument the person(s),
<< „ KAREN I-)r,'YV1IO D or the entity upon behalf of which the
0 COV41. a 1199967 person(s) acted, executed the instrument.
(56_ .ue ; NOTARY PUBLIC - CALIFORNIA I�
SAN D.c::;0 COUl n
x1. esP. G� ACT Wrp my hand aV offic�al seal.
No sle
®� OPTIONAL SECTION ammm
CAPACITY CLAIMED BY SIGNER
Thagh staeae aces not rei a, Nomry a
fill in the data below, doing ¢o may prove
invaluable to persons retying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
❑.PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY4N -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PER (S) OR EN rY(1ES)
e
SIGNATURE NOIl I�
OPTIONAL
THIS CERTIFICATE MUST BE ATTACHED TO - TITLE R TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested Here is not required by law,
ncaAd prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
of 992 NATIONAL NOTARY ASSOGATON • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -718<
ALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State
County
On before me,
DATE NAME. TIRE OF OFFICER- EO,.'JANE DOE, NOTARYPUBLIC- ,
personally appeared
NAMES) OF SIGNERS)
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the persons) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the dour requeste0 here Is not required by law,
No. 5193
® OPTIONAL SECTION lliil
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
❑ PARTNER(S) F� LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENiiiY(FS)
NUMBFR OF PAGES _ DATE OF DOCUMENT
- -- � 5288
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
t
Commission Number:
County Where Bond is Filed:
N
(� 6� (� U -� Date Commission Expires: +. 9 2002
Manufacturer or Vendor Number: 'Mae,
(Located on both sides of the notary seal border)
Signature
Place of Execution: �('tt LiP.r� Date: I �-00Z
Re, Form NR 10 lRev. 71961