Open Space Easement 2013-0050552NO
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 277 - 230 -07 /M DRA09 -011
D a C # 2013-0050552
I III II III I I II II I III II IIIII II I IIIII II I I III II I I III
JAN 24, 2013 8:51 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
OPEN SPACE EASEMENT
No Documentary Transfer Tax Due
THIS GRANT OF EASEMENT is entered into this � day of 2013, by
BBA Partners, LLC, a Delaware Limited Liability Company, (hereinafter referr o as "Grantor "),
The City of Poway, a political subdivision of the State Of California, is hereinafter referred to as
"Grantee ". GRANTOR does hereby grant, convey and dedicate to GRANTEE 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, disturbance, or removal of vegetation shall be permitted,
except for purposes of installing and maintaining septic fields approved by the San Diego County
Department of Environmental Health, and subject to revegetation and maintenance of native
habitat to the satisfaction of the Director of Development Services.
D) GRANTOR covenants and agrees for himself /herself and his /her successors and assigns
that immediately after the installation of the septic field disturbed habitat areas shall be revegetated
with native habitat consistent with surrounding native habitat per landscape plans for the
associated project (MDRA09 -011) approved by and on file with the City of Poway Development
Services Department. Said native vegetation shall be installed and maintained to the satisfaction
of the Director of Development Services,
E) GRANTEE shall release and vacate this easement if legislation and regulations are revised
to deem the easement not necessary or not legally required.
3-On 2
Open Space Easement
Page 2
F) 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.
IN WITNESS THEREOF THE GRANTOR hereby has executed this Easement the day and
year first herein above written.
Grantor: BBA Partners, LLC, a Delaware Limited Liability Company
Its:
Approved as to Form:
Office of the City Attorney
n
By. �l>
M rgan ley, ity Attorney
M:\planningloda \MDRAS12009 \Sabin OSE.docx
61 :JULA4111 Iii
Date
ACKNOWLEDGMENT
State of California
County of San Diego} ss.
On January 10, 2013 before me, Jennifer Sattley, Notary Public, personally appeared
Gary B. Sabin, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged
to me that he /she/they executed the same in his /her /their authorized capacity(ies), and
that by his /her /their signatures(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 my hand and official seal.
WE LI^f 742 tlort4' r UNTY 17 2014
Open Space Easement
Page 3
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Open Space Easement
by the BBA Partners, LLC, dated �WAVZt.i.t 0
4 zt>13 to the City of Poway, Grantee,
and to the California Department of Fish and Wildlife, as a third party beneficiary, 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: 644 0.
Title: Kristen M. Crane, Interim City Clerk
Authorized Representative
Date: tliglh
EXHIBIT `A'
LEGAL DESCRIPTION: OPEN SPACE EASEMENT
APN 277- 230 -07
A PORTION OF LOT 7 OF MAP NO. 15725, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER, OCTOBER 28, 2008 AS FILE NO. 2008 - 0563614 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7, THENCE
SOUTH 23 007'39" EAST, 214.72 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 20 013'56" EAST, 42.24 FEET TO THE BEGINNING OF A
NONTANGENT 50.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS NORTH 20 013'56" WEST FROM THE CENTER
OF SAID CURVE; THENCE EASTERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 43 017'17 ", A DISTANCE OF 37.78 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 66 °56'39" EAST, 32.00 FEET TO THE BEGINNING OF A
13.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY; THENCE
EASTERLY AND NORTHEASERTLY ALONG SAID CURVE THROUGH AN
ANGLE OF 81 042'57 ", A DISTANCE OF 18.54 FEET; THENCE TANGENT TO
SAID CURVE NORTH 31 020'24" EAST, 10.51 FEET TO THE BEGINNING OF A
82.00 FOOT RADIUS TANGENT CURVE CONCAVE SOURTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
34 °26'52 ", A DISTANCE OF 49.30 FEET; THENCE TANGENT TO SAID CURVE
NORTH 65047'16" EAST, 33.83 FEET; THENCE NORTH 25 °29'31" WEST, 87.34
FEET; THENCE SOUTH 64 °30'29" WEST, 74.26 FEET; THENCE SOUTH 25 °29'31"
EAST, 29.84 FEET; THENCE SOUTH 34 °39'37" WEST, 17.91 FEET; THENCE
SOUTH 79 042'33" WEST, 68.99 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 0.26 ACRES, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON MAP 15725.
PREPARED BY:
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WILLIAM YEN, RCE 33730
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LOT C
EXHIBIT'B'
OPEN SPACE EASEMENT
APN 277 - 230 -07
LOT 10
LOT ;3 � J�g�G'( �� RIE
LOT 2 PER DD #i-
LOT 7
�P.o.c. >\i1r1P 1572;
LOT E
LOT 3
LINE
r,\PN 2! /-2i
SHEET 1 OF 2
� PER DD #1 - I
SHEET 2
N - PROPERTY LINE PER DD 41
OLD PROPERTY LINE
PER MAP 15725 SW 1/!li NE 1/4 05
SEC 20 TS 13S R JW
NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP 15725
DD #1: DOC# 2010 - 0368647 RECORDED 7/22/10
NO 33730
CIVIL
OPEN SPACE EASEMENT
APN 277 - 230 -07
CURVE DATA
NO.
LENGTH
DELTA /BEARING
RADIUS
C1
49.30'
34'26'52"
82.00'
C2
18.54'
81'42'57"
13.00'
C3
37.78'
43' 17' 17"
50.00'
ADJUSTED PROPERTY
DOC. 2010 - 0368647
E LINE RECORDED 7 -22 -10
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LOT 2 PER
LOT E \
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ADJUS PROPERTY
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LOT 3
PER DD #1
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LINE DATA
NO.
LENGTH
DELTA /BEARING
Lt
17.91'
N34'39'37 "E
L2
29.84'
N25'29I31 'W
L3
33.83'
N65'47'1 6 "E
L4
10.51'
N31'20'24 "E
L5
32.00'
N66'56'39 'W
L6
42.24'
1 N20'13'56 "W(R)
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