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Conservation Easement Deed 2000-06800202169 DOC 2000-0680020 MAIL TO: Dec 14, 2000 8:27 AM in favor o .0-0680020 CONSERVATION EASEMENT DEED ("Grantee") i~:J~' day of ~ J' ("Grantor"), "Property"); values") Grantor is the sole owner in fee simple of certain real property in the State of (the The Property possesses wildlife and habitat values Fish and E. This Easement provides mitigation for certain impacts from Minor Wildgrove Road, located in the City of Poway, County of San Diego, the 1. Puraose. The to ensure the Property will be 2170 (a) (b) Easement, Grantor ,; To enter upon the Property at reasonable times in order to monitor Grantor's G Grantor, (c) (d) (e) To prevent any activity on or use of the Property that is Any activity ~y with the or any (a) (b) (c) (d) (e) (0 (g) (h) fire protection activities and any and all other uses which may Removing, destroying, or cutting of trees, shrubs (1) fire breaks, (2) (3) except as '. In addition, of this 5. to itself, and to its personal mi: heirs, (15) fifteen (15) (15) continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this without the necessity of proving either actual damages or the of otherwise available legal remedies, or for other including, to, of the Property to the expire. in both mandatory, in addition to such inclusive. in Civil et seq., the Easement. 6.1 6.2 3 Easement. 6.3 Nothing shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property 6.4 All rights and remedies Grantor shall install and maintain a fence -ry. 8. Access. the public. 9.1 Taxes. all taxes, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, er incurred as a result of, this 9.2 ¥ ~ from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, ~7 (2) (3) ' ' 9.3 10. 11. terms, is located. (15) 4 Easement· validity 12. C ¥ in any way. Notices. ]uired to give to the other shall be in writing and be sewed personally or sent by I To Grantor: Frank J. 'orcelli 14343 Highway 67 Lakeside, CA 92040 To Grantee: C City Manager Poway, CA 92064 13. which provides 14. 15. (a) San Diego, CA 92123 Carlsbad, CA 92008 Attn: 12th Floor California values that satisfy the specific mitigation purposes of this [ ] County (5) 2 74 this invalid. (b) found to be ambiguous, an interp purl: © Severabilitv. If (d) (e) personal (f) ~y. (g) (h) Captions and assigns and shall continue as a servitude running in A party interest in the (i) which shall, in the aggregate, be signed by both parties; each an original ~Lida Iii Develo~,,~ 2175 CALIFORNIA ALL-PLJRPOSF STATE OF CALiFORNiA COUNTY OF SAN DIEGO ACKNOWLEDGMENT personally appeared before me, Go~g''~t- .~/"/~"~ ¢~-~, NOTARY PUBLIC, f~GUR 'LSl GILL proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within ' b and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL The ' ' on the below is not required by taw, however, it m,~y prove vatuabie to persons relying ' could prevent frau¢ ! this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL ['-] CORPORATE OFFICER TITLE [] PARTNER --~ L~MITER '--i GENERAL ['-- ATTORNEY-IN- ACT [--TRUSTEE ['-GUARDIAN/CONSERVATOR []OTHER: SIGNER IS REPRESENTING: DESCRIPTION OFA"~'ACHED DOCUMENT ~O~D , 2176 EXHIBIT A S 8/° .2177 EXHIBIT "A" OPEN SPACE LEGAL E That portion of land lying within Parcel 3 as shown on Parcel Map No. 15384, in thc City of Poway, in thc County of State of California, ~ 2crfificate of Compliance filed in the Office of the County Recorder of Said County on March 8, 1999 as File/Page No. 1999-0143897 of Official Records, described as follows: Beginning at the Southeasterly comer of Parcel 3; thence along the southerly line of said Parcel, North 85° 35' 13" West 278.70 feet; thence North 0° 05' 45" West 261.51 feet; thence South 81° 38' 00" East 278.70 feet; thence along the easterly line of said parcel, South 0° 36' 33" East 242.42 feet to the point of beginning. Prepared By: Mike R. Slatcr, P.L.S. 6706 Date: July 11, 2000 2178 Frank J. property conveyed by this C Au, Easement Deed by GRANTEE: By: ' ~ Title: Date: