Open Space Easement 2012-0468556RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
C CITY CLERK
(�(t' CITY OF POWAY
p P O BOX 789
L ` POWAY CA 92074 -0789
D O C # 201 2 - 8488558
III I II I III II I III II IIII I I I I III I I I II IIIII I I IIII
AUG 08, 2012 3:06 P14 775
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 6
APN: 321 - 110- 51 -00 /G PA10- 003 /ZC 10 -001
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due
THIS GRANT OF EASEMENT is entered into this OA(b� day of ` 2012, by
Martin Douglas Wilson and Carol May Wilson, Trustees of the Wilson FamilyV972 Trust, Dated
October 23, 1972 (hereinafter referral to as "Grantor"). The City of Poway is hereinafter referred
to as "Grantee ". GRANTOR, does hereby grant, convey and dedicate to the CITY OF POWAY,
a political subdivision of the STATE OF CALIFORNIA, 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 of:
(See attached legal description on Exhibit A, which is made a part hereof)
(See attached plat on Exhibit B, which is made a part hereof)
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 covenants and agrees for him /herself and his /her successors and assigns
not to construct any structure or another thing on the subject land.
C) GRANTOR covenants and agrees for himself /herself and his /her assigns that he /she
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 for fire fuel management purposes, the creation of a public trail,
or the installation of stormwater or utility improvements and disturbed habitat shall be
revegetated as required and approved by the City of 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 the general public may use
subject land.
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
Page 2
14 776
IN WITNESS THEREOF THE GRANTOR hereby has executed this Easement the day
and year first herein above written.
Grantor: Martin Douglas Wilson and Carol May Wilson, Trustees of the Wilson Family
`1972 Trust, Dated October 23, 1972
By: CLS Wti MvSk-QQ—
Martin Douglas Whon
Approved as to Form:
Office of the City Attorney
By: (4ft
Mor n oley, City Attorney
Mlplanning \oda\Meyer GPA 10 -03 and ZC 10 -01 OSE.docx
PV( t2�
Date
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of S/Oy iUi
On 7 —/ -:2.— before me,
Date
personally appeared
� KAAl1E1
Commlwlon * 1107106 1�<
NtWy POW CtOforNt
Stn Oleo Cottty
My Comm. Expires Ave 2 2012
147717
Elm
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) 4�are subscribed to the
within instrument and acknowledged to me that
ho*Wthey executed the same in giQWtheir authorized
capacity(ies), and that by #asl� /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 =hd�q�ffi al s eal.
Signature
Place Notary Seal Above Signature of Notary Puta,
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
C Corporate Officer— Title(s):
C Partner — ❑ Limited L General
C Attorney in Fact
❑ Trustee
Guardian or Conservator
-1 Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
_ ❑ Partner — Limited L General
• ❑ Attorney in Fact NOINSIMM
Top of thumb here [I Trustee Top of thumb here
C Guardian or Conservator
C Other:
Signer Is Representing:
®M07 National Notary Assoerabon•93M De Soto AV_ Po Burr 2402 • Chafswnrth, CA 91313- 2402 -w Natbr,alWtaryorg hem #5907 Reorder: CallToll -Free 1�0U676 -6827
Open Space Easement
Page 3
CERTIFICATE OF ACCEPTANCE
14778
This is to certify that the interest in real property conveyed by the Open Space Easement dated
x Z4 , 2012, from Martin Douglas Wilson and Carol May Wilson,
Trustees of the Wilson Family 1972 Trust, Dated October 23, 1972 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.
Seal:
Troyan, MMC, City Clerk
14779
EXHIBIT `A'
OPEN SPACE EASEMENT
ALL THAT PORTIONS OF LOT 3 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE
1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED JANUARY 13, 1883 AND RECORD OF
SURVEY NO. 8971 RECORDED APRIL 1, 1982 IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER IN SAID COUNTY, LAST SAID RECORD OF
SURVEY SHOWING THE CORNER MONUMENTS OF SAID LOT 3, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
ALONG THE SOUTH LINE OF SAID LOT 3 THEREOF NORTH 89 014'32" WEST A
DISTANCE OF 469.22 FEET; THENCE LEAVING SAID SOUTH LINE NORTH
00 045'28" EAST A DISTANCE OF 442.60 FEET; THENCE SOUTH 89 °14'32" EAST
A DISTANCE OF 373.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 23 045'00" WEST A DISTANCE OF 95.16 FEET; THENCE NORTH 45 °05'37"
WEST A DISTANCE OF 340.00 FEET; THENCE NORTH 61 °25'09" WEST A
DISTANCE OF 136.63 FEET; THENCE NORTH O1 °09'00" WEST A DISTANCE OF
100.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THE 60 FOOT WIDE
ROAD AND UTILITY EASEMENT DESCRIBED IN PARCEL 36 OF GRANT DEED
TO SALLY R. WIXTED AND ANDREW PAVELCHEK RECORDED NOVEMBER
25, 1996 AS DOCUMENT 1996 - 0595654 OF OFFICIAL RECORDS IN THE OFFICE
OF SAID SAN DIEGO COUNTY RECORDER; THENCE NORTH EASTERLY
ALONG SAID SOUTH LINE NORTH 88 °51'00" EAST A DISTANCE OF 85.00 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH O1 009'00" EAST A
DISTANCE OF 60.80 FEET; THENCE SOUTH 45 °05'37" EAST A DISTANCE OF
505.37 FEET; THENCE SOUTH 00 °55'35" EAST A DISTANCE OF 77.22 FEET;
THENCE NORTH 89 014'32" WEST A DISTANCE OF 44.27 FEET TO THE TRUE
POINT OF BEGINNING.
THE TOTAL AREA IS 0.88 ACRES, MORE OF LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON R.O.S. MAP 8971.
PREPARED BY:
�Vw..
WILLIAM YEN, RCE 33730 j NO 337M
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