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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. W cc 4( o LAN6 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. I BIOLOGICAL ®PROPOSED CONSERVA77ON EASEMENT GRANTED N O TO CITY OF POWAY BY SEPARATE o p DOCUMENT. o� o OF CAO OPEN SPACE EASEMENT L4 ®NEW GRANTED TO CITY OF POWAY HEREON, AS PARCEL A. it EXISTING 28' ROAD AND PUBLIC UTILITY N_ PP 11 Grrpp'' I ®r6 ��8�6i EASEMENT AS PARCEL B IN PROPERTY'S N' LEGAL DESCRIPTION. 9 LAND to C) Pq c �GF,c of `U Ch N 3 I � U) Exp. 09/30/15 Q N N O No. LS 5717 9�F Z a p f o� o OF CAO ¢ cn c M N_ PP 11 Grrpp'' I ®r6 ��8�6i N' 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 0 SCALE: 1' — 100' I O1 A.P.N. 323 - 262 -36 - N89'03'53 "W- 283.68(' 28.00' 4 ARCEL A" 117.92 SF, 1.44 AI '42 "W 288.95' 4 P• � i T14S, R1W, SBB &M 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. W Q� N 00 Z'N 00 a N cd Q I N 0 �µ N t') o OD N 3 � O M O Z o a Z N to O i A.P.N. I 323 - 092 -15 I