Open Space Easement 2011-0680758into A
- 0 , 09 1: �w
DEC 1 , 2011 12:25 PM
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 -39
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.
I �- I, � oil.
RECORDING REQUEST BY:
CITY OF POWAY
�.
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
1
P O BOX 789
POWAY CA 92074 -0789
DEC 1 , 2011 12:25 PM
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 -39
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.
I �- I, � oil.
Open Space Easement
APN: 275 - 240 -39
Page 2
DATED this day of 2011
Property Owner: Tehachapi, LLC, a Nevada Limited Liability Company
Barbara Teets, Manager
Approved as to Form
Office of the City Attorney
(-2, � 1�
Morc4n F le �,2,tyttorney Date
M: \engsery \Clay O \Tehachapi Grading Bowl Creek \Open Space Easement Parcel 2.docx
I_T ► � � � t71!IT��� 1
State of California
County of a—L+ 1 )
On e.&AM� (0 00tl before me,
(insert name and title of the offs r)
personally appeared b% e—& 4s ,
who proved to me on the basis of satisfactory evidence to be the perso (4 whose name(') &44
sub c ibe authorized capacity,(-ieSI, and that b d to the within instrument and acknowledged o me that he/ h they executed the same in
hi /he /their hi her their signature12)'on the instrument the
� Y
erso , or the entity upon behalf of which the
p �� Y ersbn acted, executed the instrument. P p
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 r` (Seal)
DAWN L.: GALLAGE
COMM. #1917649 �
Mary Public - Calffomia c
San Diep County r
M it
Comm. Dec. 18 2014
Open Space Easement
APN: 275 - 240 -39
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 - Dex_e bew` (D,2D11 , 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
By:
OF PO �
G e: da A. Troyan, MMC, City Clerk
Authorized Representative
Date:
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
ALL THAT PORTION OF PARCEL 2 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 NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL 2, SOUTH 13 25'00" EAST 73.50 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 88 01'15" EAST 31.78 FEET;
THENCE NORTH 86 30'29" EAST 29.61 FEET; THENCE SOUTH 68 47 EAST 32.85 FEET;
THENCE SOUTH 54 34'47" EAST 31.45 FEET; THENCE SOUTH 58 00' 14" EAST 27.38 FEET;
THENCE SOUTH 59 18'28" EAST 23.48 FEET; THENCE SOUTH 42 03' 25" EAST 10.68 FEET;
THENCE SOUTH 82 27' 53" EAST 6.22 FEET; THENCE NORTH 76 34' 29" EAST 24.62 FEET;
THENCE SOUTH 84 45' 16" EAST 150.73 FEET; THENCE SOUTH 53 39'09" EAST 24.66 FEET;
THENCE SOUTH 46 20'20" EAST 4.84 FEET; THENCE SOUTH 82 24'45" EAST 32.00 FEET;
THENCE SOUTH 73 17'01" EAST 44.87 FEET; THENCE SOUTH 080 25'31" WEST 32.50 FEET;
THENCE SOUTH 58 37'35" EAST 17.08 FEET; THENCE SOUTH 70 EAST 28.91 FEET;
THENCE SOUTH 76 36'31" EAST 19.56 FEET; THENCE SOUTH 68 50'41 " EAST 17.68 FEET;
THENCE SOUTH 81 13'42" EAST 24.89 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL 2; THENCE ALONG SAID EASTERLY LINE, SOUTH 38 WEST 69.74 FEET; THENCE
LEAVING SAID EASTERLY LINE, NORTH 82 05'28" WEST 61.71 FEET; THENCE NORTH 44
WEST 43.86 FEET; THENCE NORTH 40° 49' 43" WEST 25.05 FEET; THENCE NORTH 19 02'09"
WEST 21.64 FEET; THENCE NORTH 82° 10' 55" WEST 37.38 FEET; THENCE NORTH 56 36' 37"
WEST 28.15 FEET; THENCE NORTH 76 39'04" WEST 9.69 FEET; THENCE NORTH 84 33'30"
WEST 112.77 FEET; THENCE SOUTH 81 43'07" WEST 23.33 FEET; THENCE SOUTH 89 07
WEST 19.03 FEET; THENCE NORTH 74 13' 20" WEST 17.69 FEET; THENCE NORTH 64 38
WEST 26.51 FEET; THENCE NORTH 52° 40'33" WEST 17.51 FEET; THENCE NORTH 45 44
WEST 17.47 FEET; THENCE NORTH 81 55' 38" WEST 16.01 FEET; THENCE NORTH 55°38' 45"
WEST 33.50 FEET; THENCE SOUTH 12 09' 51;,,E ST 20.63 FEET; THENCE SOUTH 21 03'10"
EAST 19.77 FEET; THENCE .,SOUTH 13 58' 19" EAST 38.54 FEET; THENCE SOUTH 11 ° 01'57"
WEST 16.75 FEET; THENCE `SOUTH 01' 09' 41 WEST 15.46 FEET; THENCE SOUTH 05 14
EAST 30.15 FEET; THENCE SOUTH 36 41'00" EAST 33.23 FEET; THENCE SOUTH 490 59' 33"
WEST 21.62 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG
SAID WESTERLY LINE, NORTH 63 12' 30" WEST 21.07 FEET; THENCE NORTH 13 25' 00" WEST
231.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 39,528 S.F. / 0.907 ACRE
Lk --U 4 �2 G� Ni D S CHRIS D. CIREMELE
U U No. LS 5267 �n
Exp.12 - 3 1 -09
� Q -
N�
�
Up C P�-��O
"6 8
w
r L35
W C X
o 4 31 L30 L29
Ln
�o
0
I �
J
N
N 6 67 6,g'
7.
PARCEL 3
PARCEL 2 "'
EXHIBIT 'B'
f
POB
R - - . 220 .
X3782
LEGEND
31.78'
-
N 85'18'01"E ®
15.28' \
OPEN SPACE
L3
v
/
\
39,528 S.F. 10.907 ACRE
S 54'3447" E
Q O
h' ,
CL
\
����
AD
36 00 /
Ll L2 \
L3
-� \
CIREMELE SURVEYING, INC.
CIR C�� iIO
125.63'
o ,aa
o�
® 4=35 20'00"
�. l N 85.5 1'41"E
/
\
LS
R =
\\ L= 1 3567'
24.62'
/
S 8445'16' E
150.73'
L11
S 5339'09" E
4
L L 10
S 4620'20" E
4.84'
"6 8
w
r L35
W C X
o 4 31 L30 L29
Ln
�o
0
I �
J
N
N 6 67 6,g'
7.
PARCEL 3
O
Lo
j h �s
�o
L78 10.75'
L20
1x Q
UNE DAT TABLE
PARCEL 2 "'
PARCEL
MAP N0. 8808
L 1
LEGEND
31.78'
- - ®® PROPERTY LINE
N 863029" E
OPEN SPACE
L3
EASEMENT
32.85'
39,528 S.F. 10.907 ACRE
S 54'3447" E
POB POINT OF BEGINNING
L5
TPOB TRUE POINT OF BEGINNING
o�
MAP PREPARED BY=
<
CIREMELE SURVEYING, INC.
L7
164 S. ESCONDIDO BLVD.
ESCONDIDO, CA 92025
o�
(760) 489 -2200
O
Lo
j h �s
�o
L78 10.75'
L20
1x Q
UNE DAT TABLE
NUMBER
DIRECRON
DISTANCE
L 1
N 88'01 '15' £
31.78'
L2
N 863029" E
29.61'
L3
S 68 W'16' E
32.85'
L4
S 54'3447" E
31.45'
L5
S 5800'14' E
27.38'
L6
S 59'18 28' E
23.48'
L7
S 420325" E
10.68'
L8
S 8227'53" E
6.22'
L9
N 7634 E
24.62'
00
S 8445'16' E
150.73'
L11
S 5339'09" E
24.66'
L12
S 4620'20" E
4.84'
L13
S 8224'45" E
32.00'
L14
S 73'17'01 " E
44.87'
L15
S 08'2531 " W
32.50'
L16
S 5837'35" E
17.08'
L17
S 70 5257' E
28.91'
L18
S 763631" E
19.56'
L19
S 6850'41' E
17.68'
L20
S 81'1342" E
24.89'
L21
N 820528" W
61.71'
L22
N 44 "48'40' W
43.86'
L23
N 40'4943' W
25.05'
L24
N 1902'09" W
21.64'
L25
N 82'10'55" W
37.38'
L26
N 56 3637" W
28.15'
L27
N 7639'04" W
9.69'
L28
N 8433'30" W
112.77'
L29
S 8143'07' W
23.33'
L30
S 8907'24" W
19.03'
L31
N 74'13 20" W
17.69'
L32
N 643825" W
26.51'
L33
N 5240'33' W
17.51'
L34
N 45 4444' W
1747'
L35
N 815538° W
16.01'
L36
N 5538'45" W
33.50'
L37
S 12'0951" E
20.53'
L38
S 2103'10" E
19.77'
L39
S 1358'19" E
38.54'
L40
S 11101'57" W
16.75'
L41 IS
01 '0941" W
15.46'
L42
S 05'14'26' E
30.15'
L43
S 36'41'00" E
33.23'
L44
S 49 59'33" W
21.62'
L45
N 6312'30' W
27.07'