Biological Conservation Easement 2000-0266040BOO 2000-O?AA040
Record'
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CITY OF POWAY
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When Recorded Mail to: )
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CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY, CA 92074-0789 )
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No Transfer Tax Due )
'Assessor Parcel No. 277~020-28(Por),
5261
M~y 22. ~000 3:12 PM
2000-0266040
(This space for Recorder's Use)
277-080-13
BIOLOGICAL CONSERVATION EASEMENT
LARRY T. KONZEN, Trustee of the LARRY T. KONZEN TRUST DATED AUGUST 26,
1997, hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF
POWAY, a political subdivision of the STATE OF CALIFORNIA, hereinafter called GRANTEE,
for the benefit of GRANTEE, the CALIFORNIA DEPARTMENT OF FISH AND GAME and
the UNITED STATES FISH AND WILDLIFE SERVICE, a "Biological Open Space" easement
(described on Exhibit A and shown on Exhibit B) in perpetuity ~en space for
~ ? sensitive plant species, wildlife species and their natural habitats over, upon, and
across tl~ property, in the City of Poway, County of San Diego, State of California,
described as follows:
Those portions of the Southwest Quarter of Section 17 and the Northwest Quarter of
Section 20, Township 13 South, Range 1 West, San Bemardino Meridian, in the County of San
Diego, State of Calif :led in that land described in deeds to LARRY T. KONZEN,
Trustee of the LARRY T. KONZEN TRUST DATED AUGUST 26, 1997, recorded September
9, 1998 as Document No. 1998-0573208 and recorded February 8, 1999 as Document No. 1999-
0076924, both of Official Records, more particularly described in Exhibit A attached hereto and
made a part hereof.
52 2
a) GRANTC ae right to GRAN'
any building or other things wl~
the subject land contrary to the purpose ofthJ
pedestrian trail purposes.
excel:
ae subject land and remove
erected placed t on
~ for cc. ~
b) GRANTOR :1 agrees for himself and h/ t assigns not to
her thing wlq ae subject land.
c) GRANTOR t agrees for himself and his assigns that he shall
clear, or place sand, rock, gravel, or other material wl~ ae subject land. No
grazing, clearing, of vegetation shall be permitted (with the exception of
brush clearing as required and approved by the Poway Planning Services and Safety Services
Departments).
d) The granting ofth~
the "Open Space"
general public.
td
· for the purpose of controlling the use of the land within
~ly that subject land may be used by the
e) GRANTEE shall release and vacate th/ ?legislation and regu]
to deem th y or not legally required.
f) Any beneficiary hereof may enforce th/
Dated this '~9 day of fk ~ ~ .1999.
CITY OF POWAY
Dated: ~'/"~ ~ ~ By:
5263
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ~J ~ L)~5- '~ ,1999, before me, the undersigned, a Notary Public in
and for said State, personally appeared Larry T. Konzen, , 4)' (or proved to
me on the basis of satisfactory evidence) to be the person~ whose name~, at~ subscribed to the
witl~' :1 acknowledged to me that ghel/executed the same in tl~authorized
capacit'm~-___, and that ' "~ ~ '
oy ~ s~gnature~' on tl~ ae personf, or the entity upon behalf of
which the person~'acted, executed tl~
WITNESS my hand and official seal.
Signature ~/ ~'~~
,~atffornla
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 17 AND THE
NORTH~ST QUARTER OF SECTION 20, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, 1N THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
'THAT PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 17, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH
0° 30' 52" WEST ALONG THE WESTERLY LINE OF SAID SECTION 17 A DISTANCE OF
80.12 FEET; THENCE NORTH 21° 44' 55" EAST A DISTANCE OF 92.53 FEET; THENCE
SOUTH 42° 30' 04" EAST A DISTANCE OF 80.00 FEET; THENCE SOUTH 39° 06' 25"
WEST A DISTANCE OF 138.89 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION 17 AND THE POINT OF BEGINNING.
THAT PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 17, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH
0° 30' 52" WEST ALONG THE WESTERLY LINE OF SAID SECTION 17 A DISTANCE OF
80.12 FEET; THENCE NORTH 21o 44' 55" EAST A DISTANCE OF 128.39 FEET; THENCE
SOUTH 81° 10' 45" EAST A DISTANCE OF 45.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 81° 10' 45" EAST A DISTANCE OF 216.11 FEET;
THENCE SOUTH 47° 49' 15" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH
69° 17' 41" WEST A DISTANCE OF 188.68 FEET TO THE TRUE POINT OF BEGINNING.
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SAID SECTION 17 AND THE
NORTHWEST QUARTER OF SAID SECTION 20, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE SOUTH
4° 01' 24" WEST ALONG THE WEST LINE OF SAID SECTION 20 A DISTANCE OF 266.39
FEET TO THE SOUTHWEST CORNER OF THAT LAND DESCRIBED IN DEED TO
LARRY T. KONZEN, TRUSTEE OF THE LARRY T. KONZEN TRUST DATED AUGUST
26, 1997, RECORDED SEPTEMBER 9, 1998 AS DOCUMENT NO. 1998-0573208 OF
OFFICIAL RECORDS; THENCE NORTH 88° 59' 56" EAST (RECORD NORTH 89° 12' 02"
EAST) ALONG THE SOUTHERLY LINE OF SAID KONZEN LAND A DISTANCE OF
.75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NC 12" WEST
A DISTANCE OF 137.72 FEET; THENCE NORTH 4° 01' 24" EAST A DISTANCE OF 121.39
FEET; THENCE NORTH 360 16' 31" EAST A DISTANCE OF 129.95 FEET; THENCE
SOUTH 42° 30' 04" EAST A DISTANCE OF 59.91 FEET; THENCE SOUTH 47° 29' 56"
WEST 70.00 FEET; THENCE SOUTH 70 33' 33" EAST A DISTANCE OF 101.34 FEET;
THENCE SOUTH 25° 51' 46" EAST A DISTANCE OF 142.94 FEET TO A POINT ON A
LINE PARALLEL WITH AND 35 FEET NORTHERLY OF THE SOUT! OF
SAID KONZEN LAND; THENCE NORTH 88° 59' 56" EAST ALONG SAID PARALLEL
LINE A DISTANCE OF 148.08 FEET TO A POINT ON THE EASTERLY LINE OF SAID
KONZEN LAND; THENCE SOUTH 4° 01' 24" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 35.14 FEET TO THE SOUTHEAST CORNER OF SAID KONZEN LAND;
THENCE SOUTH 88° 59' 56" WEST ALONG THE SOUTHERLY LINE OF SAID KONZEN
LAND A DISTANCE OF 255.00 FEET TO THE TRUE POINT OF BEGINNING.
Area: Parcel 1 = 6913 sf
Parcel2 = 4199 sf
Parcel 3 = 35,271 sf
AES No. 2188 (7-30-99)
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5267
CERTIFICATE OF ACCEPTANCE
[y that th
to the CiW ofPoway, a political ~'
the undersigned officer or agent on behalf of the City Council
Resolution No. 34 adopted . 20, 1981 and
by its duly au~ohzed officer.
property conveyed by the deed or grant dated
agency is hereby accepted by
aority confen'ed by
thereof
' BY'~ ~LohJ'Arme F~e~, ~s~
City Hall Located at 13325 Civic Center Drive
Mailing Address: EO. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400
FAX 748-1455