Open Space Easement 2011-068075920
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RECORDING REQUEST BY:
M
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 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
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Assessor Parcel No. 275 - 240 -40
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.
Open Space Easement
APN: 275- 240 -40
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
Morg n Faley, City ttorney Date
WengservlClay 01Tehachapi Grading Bowl Creek\Open Space Easement Parcel 3.docx
6 0
State of California
County of
On , ,r before me,
(insert name and title of the office)
ersonall appeared
p. Y
who proved to me on the basis of satisfactory evidence to be the perso whose name is is a.Fe
subs i�bed to the within instrument and acknowledged me that h sh /they executed the same in
his _ er their authorized capacity.(.ies), and that by his/ a their signature( on the instrument the
person,,w or the entity upon behalf of which the person(' acted, executed the instrument.
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 (Seal)
U
DAVM L. GALLACKR
comm. #1917649 Z
0 Notary PuNic - C4ftrrvia o
San Diego County ..
Cam Dec. 18 2014
Open Space Easement
APN: 275 - 240 -40
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 D ee bar (P , 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
�TitlLinda A. Tro an MMC City Clerk
Authorized Representative
A.
�• =-'`� , N ��� cam`' Date: f J
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
ALL THAT PORTION OF PARCEL 3 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 PARCEL 1 OF SAID PARCEL MAP NO.
8808; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, SOUTH 13 25'00" EAST
262.00 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 3, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID
PARCEL 3, SOUTH 13 25'00" EAST 43.00 FEET; THENCE SOUTH 63 12'30" EAST 21.07
FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 49 59'33" WEST 48.13 FEET;
THENCE NORTH 29 46'07" WEST 51.43 FEET; THENCE NORTH 03 20'00" WEST 22.83
FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID
NORTHERLY LINE, NORTH 67 02'40" EAST 37.96 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING: 2,684 S.F. / 0.062 ACRE
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NUMBER
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DISTANCE
L1
S 63'12'30" E
21.07'
L2
S 49 59'33" W
48.13'
L3
N 2946'07" W
51.43'
L4
N 0370'00" W
22.83'
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