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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.. 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