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Open Space Easement 2013-0078506 � o� � �� -��a�� RECORDING REQUEST BY I III II IIII III I II II IIIII IIII II IIIII IIII IIII II I IIIII II III CITY OF POWAY ��' F�e o�, 2a1 s i o:s� aM � OFFICIAL RECORDS SAN DIEGO COLINTY RECORDER'S OFFICE ��,'�.�?;�� E rnest J. D ronenbu�g,J r_,CO U N TY R E CO R D E R WHEN RECORDED MAIL TO: FEES: 0 00 .�f��,�_. OC: NA CITY CLERK i 'Y PAGES: C� CITY OF POWAY I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIIIIIIIIIIIIIIIII IIII P O BOX 789 POWAY CA 92074-0789 APN: 314-840-09 Project Number: MDRA11-D25 OPEN SPACE EASEMENT No Documentary Transfer Tax Due THIS GRANT OF EASEMENT is entered into this �� day o , 2013, by Ironwood 12, LLC, hereinafter referral to as "Grantor' and the City of Poway, cal subdivision of the State Of California, 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 hereofl (See attached plat on Exhibit B, which is made a part hereo� 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 (MDR,411-025) 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. (�"�� Upen 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: Ironwood 12, LLC By: Alan Gold (Notarize) Its: �le.x.�� It (Title) Approved as to Form: Office of the City Attorney �' � By. (,�:✓�y '� �itil,��'1 �' JJ7!ri�;,M,—( j�. Mo� an . Fole�r, Ci Attomey Date M:lplanning\odaIMDRAS�20111MDRA 11-025 Gold Residence Lot 9 OSE.docx State of California ) ) County of San Diego ) On Januarv 14, 2013 before me, Christine E. Burqer, Notarv, personally appeared Alan Gold 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 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 my hand and official seal. � " c��'e.euAOea c�nwn r��exee �� . � �..� �.RCa4� � Nou�y a�au-cnno��i� Ssn Oieqo County Notary's Signature `� Comm.Expires Sa 23,2016J Name: Christine E. Burger My commission expires: September 23, 2016 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 Ironwood 12, LLC, dated � • �y • 2'�l\3 , 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: ��ilkN�LW N' f�WY�1 Title: Kristen M. Crane. Interim Citv Clerk Authorized Representative Date: (I�� (13 EXHIBIT "A" LEGAL DESCRIPTION Open Space Easement PORTION OF LOT 9 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEAST CORNER OF SAID LOT 9; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 9 NORTH 24°01'00" EAST, 173.78 FEET; THENCE LEAVING SAID EAST LINE SOUTH 84°43'00" WEST, 139.45 FEET; THENCE NORTH 10°25'00" EAST, 64.18 FEET; THENCE NORTH 73°44'12"WEST, 20.11 FEET; THENCE SOUTH 10°25'00" WEST, 215.78 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 88°47'34" EAST 114.87 FEET TO THE POINT OF BEGINNING. AREA= 21,662.47/0.497 ACRES Prepared by: � � Kappa Surveying, Inc. ti0�� ~ T��a y � 9 9� c q EXP. DEC 31 12 By: ` ��"""'�..t--��Y date: December 13, Z012 ��7a,�, �1�~e Allen R.A.Turner III, PLS EXHIBIT "B" �� `E`�ND — PROPERTY LINE \ �\� � �� —__ OPEN SPACE EASEMENT AREA . � ' �ROP� � 21,662.47 S.F / 0.497 AQEES \ � �— — — �IENSE \ �� _ � /� PoB PoINT OF BEGINNING � \ \ — � � � � � �,a � � � � / � // tio� / � \ i / � / � � �� / / �oa � � � �,p,e �: a,.-e„o-oe a / I DOC. N0. 2017-0281829 Q'l L 0 � SCALE 1" = 80' I 0't � � w.tt' y / d �~�� MJ'M'12'N _—�'� '7"' .:fY —— .� p � N10'TS�OO�E 84.10� .8 � El�.OEC]1 1♦ �� y.. o '?� ) 1tlm R 1 Sivurt 0 PL9 / � SN�4D'ro11 � �4CW / � r E GOLD PROPERTY, D£L PONlEN7F ROAO, POWAY !7 ti° PpF. " "� � oQtit� �e OPEN SPACE EASEMENT - - ` � �_ SURYEY DA7E.• n4.e7' \ .a`� N/A Hee'��'as'N 4xt.n. � ��.� ,IOB N0.:240512 BfOf/e Nesa elvrt (e�g) aee-ea<e PLAT OA1F.•11/76/77 re .u.,a cera e�asz FAX(B19J iB3-B4t0 ORAF7ER:RT