Open Space Easement 2014-03198166 RECORDING REQUEST BY:
e tp CITY OF POWAY
oc�JA WHEN RECORDED MAIL TO
N F CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
Assessor Parcel No.: 323 - 290 -12
Project No.: MDRA 12- 016/12736 Gate Drive
D O C # 2014-0319816
111111111 I IIII IIII III IIIII IIIII III IIIII IIIII IIIII IIIII I I IIII
JUL 29, 2014 10:43 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Oronenburg, Jr- COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 5
(This space for Recorder's Use)
OPEN SPACE EASEMENT
NO DOCUMENTARY TRANSFER TAX DUE
THIS GRANT OF EASEMENT is entered into this JA-- day of )uW— , 2014, by Abdelilah
and Armelina Elhassani (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, totaling 1.74 acres, on property described and
depicted in Exhibits A and B attached hereto.
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 convenants and agrees for himself and his successors and assigns not to
construct any structure or another thing on the subject land.
C) GRANTOR covenants and agrees for himself and his assigns that he 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 or the creation of a public trail 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 subject land may be used by the general
public.
E) GRANTEE shall release and vacate this easement if legislation and regulations are revised to
deem the easement not necessary or not legally required.
IN WITNESS TH
herein above, r i
THE grantor hereby has executed this Easement the day and year first
Abdelilah Elhassani,
T�
1 qua
State of California
County of JAN /, �/E¢o
On JGf�E2 ZO/ before me, 4yz L� S Jf% //t/ir/ �/�f yp�L/�L �L
Date Here Insert NannI and I me of Me Onlaer
personally appeared I/ D �L'' L % L L/f f� � L
Wrl,
PHYLLIS SHINN
Commission 95 ion s 1956215
Notary Public - California
San Diego County
N - - - -
SMY Comm. Expires Nov 9, 2015
Piece Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
hb/§Xe/they executed the same in %/*r/their authorized
capacity(ies), and that by fjiElb*/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 Ad official seal.
Signature
Signature of Notary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent baudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 4VrC1V y✓r' /�� y�� ///e i
Document Date: J ��t `7+ G7 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THIIIaBPRINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHBf:1BPRINT
OF SIGNER
02007 National Notary Association- 1K150 De Soto Aw.,P.O.aoz 2402•Chat WioM,CA 813+3- 2402,w NatlonalNoleryag nem05907 Raoroel:Cell T0II- neat - 800- WeE927
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
LMa from Abdelilah and Armelina Elhassani 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.
Dated: a By: JA ,rVIG l Jq• QDC--
SP'e la R. Cobian, CIVIC, City Clerk
Wkplanning\ ason \OSE elhasani.doc
Elhassani Open Space Easement Page 2
EXHIBIT "A"
PARCEL A
THAT PORTION OF LOT 4 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, BEING THE
SOUTHWEST CONNER OF LOT 4 OF SAID SECTION 18; THENCE ALONG THE
SOUTHERLY LINE OF SAID SECTION 18, SOUTH 89 °15'51" EAST, 1559.87 FEET;
THENCE, NORTH 01. 07'09" WEST, 561.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, NORTH 89 010'24" WEST, 289.92 FEET; THENCE, NORTH 00 °06'23" EAST, 264.60
FEET, THENCE, SOUTH 89 °03'53" EAST, 284.28 FEET; THENCE, SOUTH 01'07'09" EAST,
264.20 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 75,883 SQUARE FEET, 1.742 ACRES, MORE OR LESS.
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Sheet 1 of 1
EXHIBIT "B "- OPEN SPACE EASEMENT
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
LEGEND
P.O.C.
INDICATES POINT OF COMMENCEMENT
C) Pq c �GF,c
T.P.O.B INDICATES TRUE POINT OF BEGINNING
`U
®EXISTING
BIOLOGICAL --
CONSERVATION EASEMENT
GRANTED TO CITY OF POWAY
3
PER DOC. NO. 1996- 0308491,
RECORDED JUNE 19, 1996.
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BIOLOGICAL
®PROPOSED
CONSERVA77ON EASEMENT GRANTED
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TO CITY OF POWAY BY SEPARATE
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OPEN SPACE EASEMENT
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GRANTED TO CITY OF POWAY
HEREON, AS PARCEL A.
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EXISTING 28' ROAD AND PUBLIC UTILITY
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ENGINEERING 8: DESIGN STUDIO
875 Bowsprit Road
Chula Vista, CA 91914
(819) 210-3371
I
BASIS OF BEARINGS
THE SOUTHERLY LINE OF SECTION 18, AS
NORTH 89' 15' 51' NEST.
NORTH
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SCALE: 1' — 100'
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A.P.N. 323 - 262 -36
- N89'03'53 "W- 283.68('
28.00'
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ARCEL A"
117.92 SF, 1.44 AI
'42 "W 288.95'
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SEC 13 SEC 1S 1257.99'
- - - - -- � -- - - -- 301.88'
SEC 24 j,EC 19 N8915'51 "W 1559.87'
�- UTILITY ACCESS & SLOPE EASEMENT
PER DbC. NO. 1986- 463485 A.P.N. 323-430 —
RECORDED OCTOBER 14, 1986.
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