Open Space Easement 2011-0680757:
IN
RECORDING REQUEST BY:
®r CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
DEC 1 9, 2011 12:25 Phi
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
(This space for Recorder's Use)
Assessor Parcel No. 275 - 240 -38
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due
Tehachapi, LLC, a Nevada Limited Liability Company, PROPERTY OWNER,
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 the riparian corridor that
includes sensitive wetland plant species, wildlife species and their natural habitats over, upon
and across that certain real property described in Exhibit A and Exhibit B (attached hereto).
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.
ll -1-2-J
Open Space Easement
APN: 275 - 240 -38
Page 2
DATED this _� day of l , 2011
Property Owner: Tehachapi, LLC, a Nevada Limited Liability Company
Barbara Teets, Manager
Approved as to Form
Office of the City Attorney
Morpe ttorney Date
M: \engsery \Clay O \Tehachapi Grading Bowl Creek \Open Space Easement Parcel 1.docx
State of Califo4nia _
County of .`:. W( L) u y )
U
On - EzzyAL - 'K before me, , 6 c" c, �1
(insert name and title of the offi&r)
personally appeared l/l bq16i
who proved to me on the basis of satisfactory evidence to be the person(-s) whose name is ate
subs ribed to the within instrument and acknowledged to me that he/sh %they executed the same in
his /their authorized capacity0esj, and that by his he their signature(4 on the instrument the
person(s�, or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. .
WITNESS my hand and official seal.
Signature Q 2 , �GVI ( Seal)
L. GAL
comm. #1917649 z
- Nota Public - C o
San Diego lyk Conn. Dr- 18 MI M
Open Space Easement
APN: 275 - 24038
Page 3
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed through the Open Space Easement
by Tehachapi, LLC, a Nevada Limited Liability Company, dated -E�f.�eM ZDI4 , to
the City of Poway, Grantee, 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
k
��'INTHEG
itle: -4jinda A. Troyan, MMC, City Clerk
Authorized Representative
Date: / /
i 1 i
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 8808, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 15, 1979 AS FILE
NO. 79- 248928 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL 1, SOUTH 13 25'00" EAST 73.50 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 13
25'00" EAST 188.50' TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 67 02'40" WEST 37.96 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01 16'08" EAST 17.30 FEET;
THENCE NORTH 28° 25'29" EAST 6.51 FEET; THENCE NORTH 00 05' 13" WEST 21.60
FEET; THENCE NORTH 03 05'42" EAST 24.68 FEET; THENCE NORTH 21 14' 02" WEST
14.96 FEET; THENCE NORTH 18 09'06" WEST 21.84 FEET; THENCE NORTH 24 18
WEST 21.61 FEET; THENCE NORTH 08 23'51" WEST 14.22 FEET; THENCE SOUTH 85
21'01 " WEST 5.06 FEET; THENCE NORTH 88 15'56" WEST 25.23 FEET; THENCE SOUTH
87 52' 20 "WEST 30.55 FEET; THENCE NORTH 88 32'57" WEST 35.60 FEET; THENCE
SOUTH 85 49' 06" WEST 20.10 FEET; THENCE NORTH 67 20' 09" WEST 17.16 FEET;
THENCE NORTH 78 11' 51" WEST 13.63 FEET; THENCE NORTH 50 15' 01" WEST 30.25
FEET; THENCE NORTH 56 52'26" WEST 7.40 FEET; THENCE NORTH 64 54 WEST
19.78 FEET; THENCE NORTH 71 09'58" WEST 31.83 FEET; THENCE NORTH 76 44'58"
WEST 28.51 FEET; THENCE NORTH 78 37'30" WEST 23.03 FEET TO THE SIDELINE OF
BOWL CREEK ROAD; THENCE ALONG SAID SIDELINE NORTH 00° 31'30" EAST 54.78
FEET; THENCE NORTH 89 26'58" EAST 21.69 FEET; THENCE SOUTH 78 01'18" EAST
31.60 FEET; THENCE SOUTH 73 36'27" EAST 50.53 FEET; THENCE SOUTH 65 00"
EAST 39.43 FEET; THENCE SOUTH 40 51'22" EAST 19.34 FEET; THENCE SOUTH 68 32'
20" EAST 14.89 FEET; THENCE SOUTH 84 14'47" EAST 17.12 FEET; THENCE NORTH 87
35' 39" EAST 38.97 FEET; THENCE SOUTH 89 40' 22" EAST 32.54 FEET; THENCE NORTH
86 51'16" EAST 30.56 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 20,951 S.F. / 0.481 ACRE
CHRIS D. CIREMELE
�a ND s�,
V. C1R�� L�
U No. LS 5267 m :n
Exp. 12- 31 -09-
�F CAL��
1
EXHIBIT ''
ti \ n
0 0 ,
`3340 CI RCLE R OAD P
R-3
0 � 0 p' L= 176.28' N 85'18'01 "E _
51.00'
L23 51
TPOB
�8 L29 L30 L31 L32
° o L21 L20
4,11
o I C'8`
PARCEL
C
2
z
N
cn
0
0
! L1S
4,¢ L13 L12 L11 L10 L9 � 1-1
w
CL N
Cc
W N
C9 PARCEL 1 o
1
Z \ PARCEL MAP N0. 8808 J
I
m
I 1 19g 02
pti
ry� o°� PARCEL 3 v
te a• �o
N 89 28'30 "W 153.00' _
LINE DATA TABLE
NUMBER
DIRECTION
DISTANCE
L1
N 01'16'08" E
17.30'
L2
N 282529" E
6.51'
L3
N 00'05'13" W
21.60'
L4
N 03'05'42" E
24.68'
L5
N 21 '14'02" W
14.96'
L6
N 18'09'06" W
21.84'
L7
N 24'18'06" W
21.61'
L8
N 08 23'51 " W
14.22'
L9
S 85 '21'01" W
5.06'
L10
N 88'1556" W
25.23'
L11
S 8752'20" W
30.55'
L12
N 88 32'5 7" W
35.60'
L13
S 85 49'06" W
20.10'
L14
N 67'20'09" W
17.16'
L15
N 78'11 '51 " W
13.63'
L16
N 50'15'01" W
30.25'
L17
N 565226" W
7.40'
L18
N 6454'58" W
19.78'
L19
N 71 '09'58" W
31.83'
L20
N 76'4458" W
28.51'
L21
N 78'37'30" W
23.03'
L22
N 00'31'30" E
54.78'
L23
N 892658" E
21.69'
L24
S 78 01'18" E
31.60'
L25
S 73'3627" E
50.53'
L26
S 65'41 '00" E
39.43'
L27
S 40'51'22" E
19.34'
L28
S 68'32'20" E
14.89'
L29
S 84'14'47" E
17.12'
L30
N 873539" E
38.97'
L31
S 89'40'22" E
32.54'
L32
N 86 E
30.56'
0
h
Q
LEGEND
®m® PROPERTY LINE
OPEN SPACE
EASEMENT
20,951 S.F. /0.481 ACRE
POB POINT OF BEGINNING
TPOB TRUE POINT OF BEGINNING
MAP PREPARED BY=
CIREMELE SURVEYING, INC.
164 S. ESCONDIDO BLVD.
ESCONDIDO, CA 92025
(760) 489 -2200
.6