Biological Open Space Conservation Easement Deed 2000-0650541Recording Requested By:
)
City Clerk
Poway,
661';"
000-0650
2000-0650541
Nov ~0, 2000 11:57 ~H
OFFIOIAL RE DS
~ I)IE1]O COUNTY R ER'8 OFFEE
61~J~I]RY A ~ITH, u, JJ ¥ RED]RDER
FEEB: .00
~: N~
BIOLOGICAL OPEN SPACE CONSERVATION EASEMENT DEED
THIS
("Grantee"), and in favor of the
OPEN SPACE DEED (hereinafter
16 ,"'~. day of I~o~l ,20o~3
("GmntoPl
OF FISH AND GAME ("CDFG"), and the
("USFWS"),
RECITALS
County
"ty in the City of Poway,
attached
(the "Property") and;
values")
The Property possesses wildlife and habitat values (collectively,
¥
y ("Poway HCP")
C. The Property ¥
C
Ag
D. In
with the adopted Poway HCP and companion · perpetuity
Section 1802,
protection, and
wildlife, native plants and the
Fish and
Tentative'
in the City of Poway, County
'FrM 98-01(
mitigation for certain
6618
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
voluntarily
1.
Purpose.
Y
ly that will significantly '
et seq.,
~ in perpetuity
2. Grantee'!
To accomplish th~ purposes of this
Easement Deed,
(a)
(b)
To p perpetuity
To enter upon the Property at reasonable times in order to monitor Grantor's
Property
(c)
To prevent any activity on or use of the Property that is '
with the
by Grantor,
(d)
(e)
(a)
ly; and
Any activity 'bi '
Y
(b)
(c)
(d)
(e)
(t)
garbage,
2
roads;
6619
Otherwise altering the general topography of the Property, including building of
Removing, destroying, or cutting of trees, except as
(1) fire breaks, (2) ¥ or
roads, or (3) t: ~ disease·
4.
'ty. In
addition, : 3/ ~' '.~hts under Section 2 of this
(g)
(h)
Reset ts. to itself, and to its personal heirs,
,~ ~erty, }ht to engage
fifteen (15)
a court of
available legal remedies,
Property
liability therefor,
(15)
notice and demand from Grantee, or said cure reasonably
(15) day
¥ in
to enforce compliance by the terms of this
relief, including, but not limited to, the restoration of the
expire.
relief described in this section, both prohibitive and mandatoPj, in addition to such which
without the necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies.
¥,
¥
Easement Deed has standing as interested parties in any proceeding affecting this
6620
6.1
and any costs of restoration
by Grantor's violation or negligence under the terms of this
6.2
6.3
6.4
All rights and remedies
in height
(Property)
y-five (75)
In order to identify and demarcate the
12 of City of Poway
,i six (6) feet
8. Access.
public.
9. Grantor retains ail and shall bear all costs and
9.1 Tax~s. pay 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, or incurred as a result of, this
9.2
(
from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, ' '
(1)
(2)
(3)
4
6621
9.3 The I: C
to be the best and most necessary public use as defined at Civil Procedure Code Section 1240.680
10.
11.
12.
'ransfers.
'bi, including,
not given
¥
Notices.
¥
¥ ~ is located.
Grantor agrees to incorporate the terms of this
terms,
(15)
¥ in any way.
To Grantor:
To Grantee:
Ste. 160
Carlsbad, CA 92009
City of Poway
City Manager
Poway, CA 92064
12th Floor
San Diego, CA 92123
U.S.'
Carlsbad, CA 92008
5
or to such other address as either par[y shall designate by
ler.
deemed
five (5)
13.
Game at an alternative location
14.
by mutual written agreement.
15.
(a) Cont~
This C E ~uished by Grantor and
~y 'ty acquires
which provides values that satisf~ the specific mitigation
~raph E
Any such
shall be consistent with the purposes of this
of this
(b) Liberal Any general rule of to the contrary
et seq.
Easement Deed that would render the provision valid shall be favored over any
(c) Severab
(d)
with respect to the
(e)
En t.
Easement Deed and all prior
14.
personal
perpetuity
(0
heirs,
~y.
~y,
(h) Captions
and assigns and shall continue as a servitude running in
ations. A party's rights and
6
6623
are not a part of th'
shall have no effect Ul:
instrument as
C
The parties may execute th'
;]gregate, be '
party who has signed it. In the event of any disparity between the
GRANTOR:
Approved as to form:
BY: /'i , / L
City of Poway, Grantee
written above have been
Parcel "G"
1.
reviewed by the
13873.
13873.
(Property)
I first
Registerd Civil '
ty is free and
TITLE:
DATE:
13873.
6624
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORIA
]
] ss.
]
On November 16, 2000, before me, Kristina O'( Notary Public, personally
appeared ~ R. Reid and G. Jack Becket personally known to me to be the
persons whose names are subscribed to the-wiS' and acknowledged to me
that they executed the same in their authorized capacities, and that by ~ '
th he persons or the entity upon behalf of which the p '~, executed
th
WITNESS my hand and official seal.
KRISTINA O'CONNELL, Notary Public
6625
the City of Poway,
November 16
,2000, to
GRANTEE:
TITLE:
DATE: Nover
2000
6626
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated
November 16, 2000, from Barratt American Incorporated (Grantor), a Delaware
Corporation, to the City of Poway (Grantee), a political corporation and/or
g 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 grant Is to recordation thereof by its
duly authorized officer.
Dated:
Lori Anne Peoples, City Clerk
662'7
EXHIBIT 'A'
PARCEL A
OT 6 OF MAP 13873,
FILED IN THE OFFICE OF THE COUNTY
1999
COUNTY STATE OF
OF SAN DIEGO COUNTY,
THENCE ALONG THE
AND
LINES OF SAID LOT 6, SOUTH
FEET, TO A POINT ON THE SAID LOTS 6
AND 7;
THENCE ALONG SAID COMMON LINE, SOUTH 38°34'46' EAST 306.15 FEET, TO THE POINT OF
~.FT. (4.899 AC.)
PARCEL B
,OT 7 OF MAP 13873,
FILED IN THE OFFICE OF THE COUNTY
1999
COUNTY STATE OF
OF SAN DIEGO COUNTY,
SAID LINE, FEET, TO
FEET;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00°24'20~' EAST 318.00 FEET, TO THE POINT OF
:~.FT. (0.691 AC.)
11/o9/oo
6628
PARCEL C
EXHIBIT 'A'
FILED IN THE OFFICE OF THE COUNTY
COUNTY STATE OF
OF SAN DIEGO COUNTY,
THENCE ALONG THE
AND
LINE OF SAID LOT 8, SOUTH 13036'40'' WEST
THENCE LEAVING SAID LINE, NORTH 43°53'18" EAST 181.86 FEET, TO A POINT ON THE
THENCE ALONG SAID SOUTH 61°25'51'' EAST 56.76 FEET, TO THE POINT
12,971 SQ.FT. (0.298 AC.)
PARCEL D
A
13873,
FILED IN THE OFFICE OF THE COUNTY
1999
COUNTY STATE OF
OF SAN DIEGO COUNTY,
TO
THENCE ALONG SAID EASTERLY LINE, SOUTH 13°36'40" WEST 108.59 FEET, TO THE POINT OF
~.FT. (0.068 AC)
1/09/00
6629
PARCEL E
EXHIBIT 'A'
OF LOT I0 OF MAP 13873, IN THE CITY OF POWAY, COUNTY OF S STATE OF
FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO COUNTY,
13873;
THENCE LEAVING SAID LINE, NORTH 01008'36'' WEST 212.53 FEET, TO A POINT ON THE
THENCE ALONG SAID LINE, NORTH 83031'58" EAST 57.63 FEET, TO THE POINT OF
~.FT. (0.140 AC)
PARCEL F
DT 11 OF MAP
FILED IN THE OFFICE OF THE COUNTY
COUNTY STATE OF
OF SAN DIEGO COUNTY,
LOT 11;
THENCE ALONG SAID
TO
AND EASTERLY LINES, NORTH 64°49'22"
49 SQ.FT. (0.499 AC)
11/09/00
PARCEL G
EXHIBIT 'A'
,OT 12 OF MAP
FILED IN THE OFFICE OF THE COUNTY
1999
COUNTY STATE OF
OF SAN DIEGO COUNTY,
SAID LINE,
WEST 81.60 FEET TO THE
FEET;
LINE
THENCE NORTH 84°00'44" WEST 174.25 FEET, TO A POINT
12;
THENCE ALONG SAID AND
FEET;
OF SAID LOT
LINES, NORTH 03°50'40' WEST 126.60
~.FT. (0.580 AC)
EXPIRES 12/31/2001
11/09/00
100 0 100
SCALE: 1 "= 100'
6631
VICINITY t, fAP
ROAD
I. OT7
SEE SHEET 2
SEE SHEET 3
~..~o~ LOT I0 ~'
L-lO?..60'
/
/ .~/ ~.~ ~o~.~ /
/~/, ~ /
/~/~ ~ T /
/ ~~.) ~o ~ /
~OT ~ / ~ /~
~'~v ~ ~PARCEL C
0.29~ ocres
~IBIT ~'
LOTS 6 THRU 12 - MAP 13873 - BIOLOGICAL OPEN SPACE C(~SERVA'IION EASENENT I
SHEET 1 OF 3
k
~ b ~, ,. LOT :i3
1~03 12503
~ARCEL A
¢.899
OTS 6 THRU 12 - MAP 13873 - BIOLOGICAL OPEN ~PACE CONSERVATION EASEMENT
uUD~K INC.
D~IBIT ~'
SHEET 2 OF ,3
100 100
SCALE: 1"=100'
6633
LOT I0
Ne~32'OO'E 43~27
SEE SHEET 1
1'8136
PD]~
PARCEL F
0.499 acres
PARCEL E ~ V
0.140 acres **"
/
EXHIBIT 'B'
LOTS 6 THRU 12 - MAP 13873 - BIOLOGICAL OPEN SPACE: CONSERVA110N EASEMENT
udDEK INC.
SHEET ,3 OF 3