Open Space Easement 2013-0078505 � �� # �a� �-a������
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RECORDING REQUEST BY: �
' " FEB D5, 2D13 10:35 AM '
CITY OF POWAY ��� OFFlCIAL RECORDS �,
�� � SAN DIEGO COl1NTY RECORDER'S OFFlCE
'���"`��� Emest J. Dmnenburg,Ji.,COLINTY RECCIRDER �
WHEN RECORDED MAIL TO: �jv J FEOC: �Na '
CITY CLERK ' � PAGES: G
Cln OF POWAY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIII
P O BOX 789
POWAY CA 92074-0789
APN: 314-840-18 �
Project Number: MDRA11-025
OPEN SPACE EASEMENT ',
No Documentary Transfer Tax Due '
THIS GRANT OF EASEMENT is entered into this � day of , 2013, by the '
Alan D. and Debbie L. Gold Family Trust, hereinafter referzal to as "Grantor" and-t e City of Poway, I
a political 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, I
upon and across that certain real property in that portion of:
(See attached legal description on Exhibit A, which is made a part hereo�
(See attached plat on Exhibit B, which is made a part hereofl '
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. i
D) GRANTOR covenants and agrees for himself/herself and his/her successors and assigns I
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 I
associated project (MDRA11-025) 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.
�� F���
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: Alan D. and Debbie L. Gold Family Trust
By: ''
lan D. Gold, T stee (Notarize) '
��� �� �
By � �i`7'utL�
Debbie L. Gold, Trustee (Notarize) ,
Approved as to Form:
Office of the City Attorney
f J � ,
B y: �' ��' • �i/"!�`V `�� ��v1 Ai�-t' I'�
o an . Fole Ci Attorney Date '
M:lplanning\oda\MDRAS12011\MDRA 11-025 Gold Resitlence Lot 8 OSE.docx ��.
State of Califomia )
)
County of San Diego )
On Januarv 14, 2013 before me, Christine E. Burqer, Notarv, personally appeared Alan I
D. Gold, Trustee and Debbie L. Gold, Trustee 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/hedtheir 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. : ;�, cHn�s ir�e.euncen
CortwMUlon�f 19l928d
i �:� Notuy PuWk•C�Iifornia
-� • _ ,� S�n Wpo County
���L��Q. �. .�1�Qn Comm.Ex rot S� 23,2018
Notary's Signature '
Name: Christine E. Burger '
My commission expires: Seqtember 23, 2016 ',
�
Gpen Space Easement
Page 3
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real pro ert�conveyed hy the Open Space Easement by the
Alan D. and Debbie L Gold Family Trust, dated _ � S to the City of Poway,
Grantee, and to the California Department of Fish and Wildlife, as a [ u u p rty beneficiary, a govemmental ,
agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behaif of
the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20, '
198 L I
GRANTEE: City of Poway I
gy; ���� M. �Ytr
�_���.
Titie: Kristen M. Crane, Interim Citv Clerk '
Authorized Representative '
Date: �I�'3��3
EXHIBIT "A" '
LEGAL DESCRIPTION ',
Open Space Easement '
PORTION OF LOT 8 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 SOUTHWEST CORNER OF SAID LOT 8; THENCE EASTERLY
ALONG THE SOUTH LINE OF SAID LOT 8 SOUTH 88°47'34" EAST, 135.27 FEET TO THE AN '
ANGLE POINT ON SAID LOT 8; THENCE NORTH 4°12'00" EAST, 30.04 FEET ALONG THE '
EAST LINE OF SAID LOT 8, POINT BEWG THE TRUE POINT OF BEGINNING THENCE
NORTHERLY ALONG THE EAST LINE OF SAID LOT 8 NORTH 4°12'00" EAST, 94.19 FEET TO ',
AN ANGLE POINT ON SAID LOT 8; THENCE NORTH 71°14'00"WEST, 62.83 FEET TO AN '
ANGLE POINT ON SAID LOT 8; THENCE NORTH 24°01'00" EAST, 86.41 FEET TO AN ANGLE '
POINT ON SAID LOT 8; THENCE LEAVING SAID EAST LINE OF LOT 8 ',
NORTH 49°37'43"WEST, 20.85 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8, POWT
ALSO BEING 255.85 FEET ALONG SAID EAST LINE FROM THE POINT OF COMMENCEMENT; '
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 8 SOUTH 24°01'00" WEST, ',
245.00 FEET; THENCE LEAVING SAID WEST LINE NORTH 71°29'12" EAST, 59.27 FEET; '
THENCE SOUTH 88°47'34" EAST, 76.84 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 13,455.85 / 0.3D9 ACRES
Prepared by: � L� g� ,
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Kappa Surveying, Inc. ��y� �'�'"p�
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EXP. DEC 31 12 I
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By: ��---�-~--�` date: December 13, 2012 `9's�,NO. 78a4�ti
�' C1YL
Allen R. A.Turner III, PLS
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