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Biological Conservation Easement Deed 2016-0172257RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 -0789 DOC# 2016- 0172257 ill I I II li I l l i II II I I II I I I I I II I Ili II II Apr 14, 2016 11:39 AM OFFICIAL RECORDS Ernest,'. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES. $0.00 PAGES 22 APN: 321 - 110 -31 -00 Space Above Line for Recorder's Use Only BIOLOGICAL CONSERVATION EASEMENT DEED The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) THIS BIOLOGICAL CONSERVATION EASEMENT DEED is made this )-7�` day of aywa r , 2016, by, Michael Elmo Firenze and Stephanie Henny Firenze ( "Grantor "), in favor of ity of Ploway ( "Grantee "), acting by and through its Development Services Department, with reference to the following facts. RECITALS A. Grantor is the sole owner in fee simple of certain real property in the City of Poway, County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated by this reference (the "Property "). B. The Property possesses wildlife and habitat values (collectively, "conservation values ") of great importance to the Grantee, the people of the City of Poway, the people of the State of California, and the people of the United States. C. The Property provides Diegan Coastal Sage Scrub (DCSS) and Southern Mixed Chaparral (SMXC), which are valuable habitats per the Poway Subarea Habitat Conservation Plan. Conservation of this property therefore will preserve valuable habitat. D. The City of Poway is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civil Code Section 815.3(b). E. The State of California, by and through its Department of Fish and Wildlife (CDFW), has jurisdiction, pursuant to CDFW Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species. F. The United States Fish and Wildlife Service (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661 -666c and other applicable laws. Biological Conservation Easement Deed Page 2 G. This Biological Conservation Easement provides protection for 2.99 acres of land that contains 1.15 acres of DCSS and 1.84 acres of SMXC habitat located within the City of Poway's Subarea Habitat Conservation Plan /NCCP Focused Planning Area. H. Grantor intends to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's removal of 1.29 acres of DCSS habitat and 1.87 acres of SMXC habitat. Of the total 3.16 acres impact, 1.99 acres are on -site impacts and 1.17 acres are off -site impacts associated with road improvements. The removal of DCSS is mitigated at a 2:1 ratio, i.e. 2.58 acres, and the removal of SMXC is mitigated at 1:1, i.e. 1.87 consistent with the conditions of approval of Minor Development Review Application 14 -040 for a total of 4.45 acres of habitat mitigation. This Biological Conservation Easement will preserve 1.15 acres of DCSS and 1.87 acres of SMXC habitat. The remaining mitigation requirement of 1.43 acres of DCSS and 0.03 acres of SMXC will be provided via payment of an In -Lieu Fee to the City towards the purchase of habitat within the Mitigation Area. J. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the conservation values of the property in accordance with the terms of this Biological Conservation Easement for the benefit of this generation and the generations to come. COVENANTS TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily deeds and conveys to Grantee a Biological Conservation Easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement "). 1. Purpose. The purpose of this Biological Conservation Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair or interfere with the conservation values of the Property. Grantor intends that this Biological Conservation Easement will confine the use of the Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Biological Conservation Easement. 2. Rights of Grantee. To accomplish the purposes of this Biological Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee and the State of California Department of Fish and Wildlife as a third party beneficiary of this easement by this Biological Conservation Easement Deed: (a) To preserve and protect in perpetuity the conservation values of the Property in accordance with this easement; (b) To enter upon the property at reasonable times in order to monitor Grantor's compliance with, and to otherwise enforce the terms of, this Biological Conservation Easement, including Grantor's obligation to manage the property consistent with Grantor's duties as set forth in Section 4, and for scientific research and interpretive purposes by Grantee or its designees; and CDFW and its designees. (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Biological Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Biological Conservation Easement; Biological Conservation Easement Deed Page 3 (d) All mineral, air and water rights necessary to protect and sustain the biological resources of the Property; and (e) To enforce by means including, injunctive relief, the terms and conditions of the easement. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this Biological Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and third parties, are expressly prohibited unless specifically provided for through the Poway Subarea Habitat Conservation Plan /NCCP. (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Biological Conservation Easement; (b) Use of off -road vehicles; except vehicles used for property maintenance required by the City of Poway, and then only over existing roads; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erection of any building, billboard, or sign; (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (f) Otherwise altering the general topography of the Property, including building of roads or changing the grade of the Property; (g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for: (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment of disease; (h) Planting of trees or other vegetation except by written permission from the City of Poway. 4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property. In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under Section 2 of this Biological Conservation Easement. Grantor further covenants that maintenance of the Property, to wit: clean up of all trash and debris, shall be the Grantor's responsibility. 5. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Biological Conservation Easement. 6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Biological Conservation Easement or that a violation is threatened, Grantee shall give Biological Conservation Easement Deed Page 4 written notice to Grantor of such violation and demand in writing corrective action sufficient to cure the violation. Grantee shall also notify the California Department of Fish and Wildlife. If Grantor fails to cure the violation within thirty (30) days after receipt of said written notice and demand from Grantee, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Biological Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Biological Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury. Without limiting Grantor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Biological Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation of the terms of this Biological Conservation Easement is the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Biological Conservation Easement in each case, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Biological Conservation Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or third -party entities organized for conservation purposes have standing as interested parties in any proceeding affecting this Biological Conservation Easement as against Grantor. The California Department of Fish and Wildlife (CDFW) as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of the easement. 6.1. Costs of Enforcement. Any costs incurred by Grantee or CDFW in enforcing the terms of this Biological Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Biological Conservation Easement shall be borne by Grantor. 6.2. Grantee's Discretion. Enforcement of the terms of this Biological Conservation Easement by Grantee or CDFW shall be at the discretion of Grantee and CDFW, and any forbearance by Grantee or CDFW to exercise its rights under this Biological Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Biological Conservation Easement or of any of the Grantee's rights under this Biological Conservation Easement. No delay or omission by Grantee or CDFW in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Biological Conservation Easement Deed Page 5 6.3. Acts Beyond Grantor's Control. Nothing contained in this Biological Conservation Easement shall be construed to entitle Grantee and CDFW to bring any action against Grantor for any injury or change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4. Department of Fish and Wildlife Right of Enforcement. All rights and remedies conveyed to Grantee under this Biological Conservation Easement Deed shall extend to and are enforceable by the Department of Fish and Wildlife or USFWS. 6.5. Fence Installation and Maintenance. Grantor shall install and maintain a fence between the approved development area of the parcel and the Biological Conservation Easement Deed area to protect in perpetuity the conservation values and function of the Property. The type of fencing shall also include posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their installation. 7. Property Management and Maintenance. Grantor and its successors shall maintain the Property in accordance with the terms and conditions as set forth herein. 8. Access. This Biological Conservation Easement does not convey a general right of access to the public; however, after receiving approval from Grantor, not to be unreasonably withheld, access for scientific research and interpretive purposes, shall be reserved to the Grantee and CDFW or to the respective designees of Grantee and CDFW. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Property. 9.1. Taxes. Grantor shall pay before delinquency all taxes, assessments, 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 Biological Conservation Easement, and shall furnish Grantee and CDFW with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFW and its members, directors, officers, employees, agents, contractors, and their heirs, and representatives, successors and assigns (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damages to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause; (2) the obligations specified in Sections 4, 9, and 9.1; and (3) the existence or administration of this Biological Conservation Easement. 9.3. Condemnation. The purposes of the Biological Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. Biological Conservation Easement Deed Page 6 10. Assignment. This Biological Conservation Easement may not be transferred, assigned, or extinguished without the prior written approval of CDFW. Grantee may assign its rights and obligations under this Biological Conservation Easement only to an entity or organization authorized to acquire and hold biological conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to record the assignment in the county where the Property is located. 11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Biological Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee or the CDFW of the intent to transfer any interest at least forty -five (45) days prior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Biological Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Biological Conservation Easement or limit its enforceability in any way. Grantor shall not grant additional easements or other interests in the property without the prior written authorization of Grantee and CDFW. 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested and addressed as follows, or at such other address as any party may from time to time specify to the other parties in writing: To Grantor: Michael Elmo Firenze and Stephanie Henny Firenze 13831 Belvedere Drive Poway CA 92064 To Grantee: City of Poway P.O. Box 789 Poway, CA 92074 With a copy to: Department of Fish and Wildlife Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy -two (72) hours after transmission of a facsimile, documents that bear the original signatures. 13. Amendment. This Biological Conservation Easement may be amended by Grantor and Grantee only by mutual written agreement approved in writing by CDFW. Any such amendment shall be consistent with the purposes of this Biological Conservation Easement and, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. Biological Conservation Easement Deed Page 7 14. Recordation. Grantor shall promptly record this instrument in the official records of San Diego County, California and immediately notify the Grantee and CDFW through the mailing of a confirmed copy of the recorded easement. 15. General Provisions. (a) Controlling Law. The interpretation and performance of this Biological Conservation Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Biological Conservation Easement shall be liberally construed in favor of the deed to effect the purposes of this Biological Conservation Easement, and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Biological Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Biological Conservation Easement Deed, such action shall not affect the remainder of this Biological Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Biological Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Biological Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Biological Conservation Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 13. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Biological Conservation Easement Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. These covenants hereunder benefiting Grantee shall also benefit CDFW. (g) Termination of Rights and Obligations. A party's rights and obligations under this Biological Conservation Easement shall terminate only upon transfer of the party's interest in the Biological Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. Biological Conservation Easement Deed Page 8 (j) Modification. This Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFW or their permitted successors or assigns. (k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by reference. (1) Appropriations. The duty of the City of Poway and CDFW to carry out their respective obligations under this Easement shall be subject to the availability of appropriate funds. (m) Effective Date. This Easement shall be effective upon recording with the San Diego County Recorder's Office. (n). Power to Grant. GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with these terms. IN WITNESS THEREOF, Grantor and Grantee have entered into this Biological Conservation Easement the day and year first above written. GRANTOR: Michael Elmo Firenze and Stephanie Henny Firenze By: Mich Imo Firenze (Notarize) Date: i - 21— ( � Approved as to Form: Office of the City Attorney By: Morg n L. oley, ity torney M: \engsery \Land Development Projects\2015 \ESMT15- 015 \Firenze BCE.docx By: I K Ay StephaniA Henny Firenze (Notarize) II Date:" l CALIFORNIA • • WLEDGMENT CIVIL CODE § 1189 .�r!�•s�r!�r.ar.a...�r!s:..Tr.a r.. r..�r.zr,. r..,r!Tr..�e..�...�..Tr r...r.a�r.�r. ,.�r..�r!..n.. �r �r!:_.� s� ..�r.T .�_.TZ.Tr.......... r.ar........ r.sar.�.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Sin _D�,e!�)o ) On 3�anJ,,AN 2-4 r Zb 1 b before me, C ne �ADI:1' Date Here Insert Name and Title of the 00icer personally appeared S-yew rlan.%e J�i(`en:?--e Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WMCA I. WkWi EZ Coff"Sioe • 2115964 Z z Nobly Public - C 0WIP1ia Z San Diego County Cpgiiiin, i n Jun 18, 2019 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 and official seal. Signature `71 /- Signature of Notary P lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �• ✓S'.v ' ✓:'•✓ ••✓:� • ✓:�4�.' ✓�G�S'd 'y '✓ �✓ •✓ •t/ •.:/ '� •ri •s <'✓6'.d ••✓6'ri �✓.'✓ •✓ 'd �✓ �✓ '✓:' ✓i•S/6'L •e/ •.d 'yi••✓.'L4' ✓i- ✓.' ✓:'y ✓i� Will s CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San On�anQA\ MZI ZQ16 before me, Mon 'C a no AX-\ri IBC, Date Here Insert Name and Title of the cer personally appeared -�i c!e n 2:e Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /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. MONICA 1. MAAfMIEt WITNESS my hand and official seal. CO WNINI p r 21ISM i NOWr FAA - CatNNmis so amp ft" Signature .I � 2 co 'm 1 M9 Signature of Notary lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ' 1 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :�.'✓ 'aS'evi•✓ '.v .yS00_yti:'yS� '✓S "✓4' 6 d 'r/5�✓, .' ✓:' ✓.v✓.' ✓L'.vi•,i '✓S'eii'di•y •+i:�.�✓.' ✓:'y4�✓,✓:'•✓ •✓ 'aii•• ✓:'• ✓y4'yb'y,�✓,. Biological Conservation Easement Deed Page 9 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Biological Conservation Easement Deed by Michael Elmo Firenze and Stephanie Henny Firenze, dated , ° . l (o , to the City of Poway, Grantee, and to the California Department of Fish and Wildlife, as a third party beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981. GRANTEE: City of Poway By: Title: Poway City Clerk,,Zh���►�► Date: Y1 2011 0 It 3 it i� :n 0 ROS 9661 APN 321- 110 -48 -- -__ - -- N _88'23'59 "W 560.78' --------- - - - - -- Exhibit "A" Area 1 63561.62 sq. ft. _ .46 Ac ROS 19337 APN 321 - 110 -31 71 Exhibit "B" Area 2 9,477.75 sq. ft. 0.22 Ac Exhibit "D" Area 4 2,542.85 sq. ft. 0.06 Ac Exhibit "C" Area 3 54,419.01 sq. ft. 1� 25/ Ac. 3 T.P.O.C. o T.P.O.C. AREA 4 V) ° AREA C) Z o Ilo Z Z S 88'23'02 "E P. 0. C. ROS 3373 0 40' 80' 160' 1 INCH = 80 FEET T.P.O.C. AREA 3 APN 321- 110 -25 QROFESS /0 SOOD Gj s y( 0 NO. C47303 m Exp. 12 -2017 fl C1V�� 9TF OF CAS \FOR 560.68' T.P.O.C-- Ln AREA 1 0 Z , 0 TC y '� a LEGEND AREA 1 AREA 3 AREA 2 AREA 4 M 0 U) 1* 3 N to 0 .� I CITY OF POWAY SHEET 1 OF Ill Department of Development Services EXHIBIT "A" LEGAL DESCRIPTION - AREA 1 AN EASEMENT AND RIGHT OF WAY FOR BIOLOGICAL CONSERVATION AND OPEN SPACE UNDER, ALONG AND ACROSS A STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO JOHN L. CLOUGH, AN UNMARRIED MAN, DOCUMENT RECORDED ON MAY 15, 2000, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DOCUMENT NO. 2000 - 0250246; THENCE SOUTH 88° 23'02" EAST, 560.68; THENCE NORTH 00° 56'25" WEST, 65.62 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE NORTH 88° 23'02" WEST, 18.54 FEET, THENCE NORTH 20° 01' 35" WEST, 38.99 FEET, THENCE NORTH 04° 09'04" WEST, 98.37' FEET, THENCE, NORTH 13° 17' 09" WEST, 116.76 FEET, THENCE NORTH 30° 58' 07" EAST, 53.13 FEET, THENCE NORTH 53° 10' 48" WEST, 35.35 FEET, THENCE, SOUTH 36° 55'13" WEST, 38.56 FEET, THENCE, SOUTH 86° 06-20" WEST, 42.03 FEET; THENCE, SOUTH 89° 07'51" WEST, 151.89 FEET; THENCE, NORTH 63° 29,34" WEST, 51.02 FEET; THENCE, SOUTH 26° 58'44" WEST, 5.16 FEET; THENCE, NORTH 63'01' 16 "WEST, 10.00 FEET; THENCE, NORTH 26° 58'44" EAST, 5.16 FEET; THENCE, NORTH 63° 01'16," WEST, 6.50 FEET; THENCE, SOUTH 26° 58'44" WEST, 3.50 FEET; THENCE, NORTH 63° 01' 16 "WEST, 14.50 FEET; THENCE, NORTH 26° 58' 44" EAST, 14.50 FEET; THENCE, NORTH 62° 58'29" WEST, 56.12 FEET; THENCE SOUTH 85° 34,28" WEST, 44.73 FEET; THENCE SOUTH 69° 48'45" WEST, 51.01 FEET; THENCE SOUTH 42° 59' 47" WEST, 38.64 FEET; THENCE SOUTH 33° 40'23" WEST, 39.26 FEET; THENCE SOUTH 20° 08' 54" WEST, 26.97 FEET, THENCE SOUTH 27° 48' 10" WEST, 27.67 FEET; THENCE SOUTH 0° 57' 14" EAST, 17.89 FEET; THENCE, SOUTH 89° 02' 46 "WEST, 1.00 FOOT; THENCE, NORTH 0° 57' 14 "WEST, 198.35 FEET; THENCE, SOUTH 88° 23'59" EAST, 560.78 FEET; THENCE, SOUTH 0° 56'25" EAST, 384.87' FEET TO THE TRUE POINT OF COMMENCEMENT. SHEET 2 OF 11 EXHIBIT A N 88023059"W AREA 1 560.78' --------------------- g AREA 1 ® 63561.62 sq. ft. ® 1.46 Ac 9 � ®I 4 }I � ;3 to I � 30 sz P. 0. C. 88'23'02 "E 560.68' 0 40' 80' 160' 1 INCH = 80 FEET N co QROFESS /O SO 0D Gj S � C� 2 NO. C47303 m � Exp. 12 -2017 � rT CIVIL 41 \F OF (-A L � 7:--� r7-� � /-) )P�- BEARING O N DISTANCE (E )) 18.54' 88d23'02 "W O N 20d01 '35" W 38.99' O N 04dO9'04" W 98.37' ® N 13d17'09" W 116.76' O N 30d58'07" E 53.13' © N 53d 10'48 "W 35.35' tS 36d55'13 "W 38.56' ® S 86dO6'20" W 42.03' O S 89dO7'51 " W 151.89' ® N 63d29'34" W 51.02' ©S 26d58'44" W 5.16' Q N 63d01'16" W 10.00' © N 26d58'44" E 5.16' ® N 63d01 '16" W 6.50' OS 26d58'44" W 3.50' ® N 63d01 '16" W 14.50' N 26d58'44" E 14.50' ® N 62d58'29" W 56.12' OS 85d34'28" W 44.73' EXHIBIT A AREA 1 BEARING ® S DISTANCE (a) 69d48'45 "W 51.01' ® S 42d59'47" W 38.64' OS 33d4O'23 "W 39.26' OS 20dO8'54 "W 26.97' ® S 27d48'10" W 27.67' ®S Od57'14" E 17.89' ® S 89dO2'46" W 1.00' ® N Od57'14" W 198.35' OS 88d23'59" E 560.78' O S Od56'25" E 384.87' QRpFESS /p SOOp G j C- s �l 0 NO. C47303 m Exp. 12 -2017 CIVO- 9lF OF -Cp�- \FpR I EXHIBIT "B" LEGAL DESCRIPTION -AREA 2 AN EASEMENT AND RIGHT OF WAY FOR BIOLOGICAL CONSERVATION AND OPEN SPACE UNDER, ALONG AND ACROSS A STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO JOHN L. CLOUGH, AN UNMARRIED MAN, IN DOCUMENT RECORDED ON MAY 15, 2000, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DOCUMENT NO. 2000 - 0250246; THENCE NORTH 00° 57' 14" WEST ALONG THE EASTERLY LINE OF SAID CLOUGH LAND 60.04 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE CONTINUING ALONG SAID WESTERLY LINE A DISTANCE OF 189.10 FEET, THENCE LEAVING SAID WESTERLY LINE NORTH 89° 02'46" EAST, 1.00 FOOT, THENCE SOUTH 00° 57' 14 "EAST, 72.52 FEET; THENCE SOUTH 46° 02' 16" EAST, 49.29 FEET; THENCE SOUTH 59° 42' 20" EAST, 72.60 FEET; THENCE NORTH 27° 26' 26" EAST, 8.01 FEET; THENCE SOUTH 80° 36' 03" EAST, 24.53 FEET TO A POINT OF NON- TANGENT CONVEX CURVE, WITH A RADIAL LINE TO WHICH BEARS NORTH 04° 04'25" EAST, 45.01 FEET; THENCE ALONG SAID NON- TANGENT CONVEX CURVE HAVING A RADIUS OF 29.04 FEET AND AN ANGLE OF 101° 36'33" A DISTANCE OF 51.50 FEET; THENCE LEAVING SAID NON - TANGENT CONVEX CURVE NORTH 88° 23' 02 "WEST, 119.33 FEET TO THE TRUE POINT OF COMMENCEMENT. SHEET 5 OF 11 H CURVE DATA ® R = 29.04' D L = 101 °36'33" L = 51.50' C = 45. 01 ' O N 88d23'02" W 119.33' on AREA 2 0.22 ACRES 477.75 SQ. FT NI 8 T. P. 0. C. �I 0 z, QR°FESS/° A/- OOD G j s 5 l S y i j 0 � NO. C47303 m ) Exp. 12 -2017 Z fyl rl °1V \\- '9TF FpR S 88d232 " E °F `� - -�__ — 0 15' 30' 60' 560 P-0-C- ROS 3313 1 INCH = 30 FEET APN 321- 110 -25 CITY OF POWAY SHEET 6 OF 11 Department of Development Services EXHIBIT B BEARING DISTANCE 2 AREA 2 O N Od57'14" W 189.10' O N 89d2'46" E 1.00' ROS 19337 O S Od57'14" E 72.52' APN 321- 110 -31 ® S 46d2'16" E 49.29' ROS 19337 3 O S 59d42'20" E 72.60 APN 321 - 110 -32 ©N 27d26'26" E 8.01' O S 80d36'03" E 24.53' H CURVE DATA ® R = 29.04' D L = 101 °36'33" L = 51.50' C = 45. 01 ' O N 88d23'02" W 119.33' on AREA 2 0.22 ACRES 477.75 SQ. FT NI 8 T. P. 0. C. �I 0 z, QR°FESS/° A/- OOD G j s 5 l S y i j 0 � NO. C47303 m ) Exp. 12 -2017 Z fyl rl °1V \\- '9TF FpR S 88d232 " E °F `� - -�__ — 0 15' 30' 60' 560 P-0-C- ROS 3313 1 INCH = 30 FEET APN 321- 110 -25 CITY OF POWAY SHEET 6 OF 11 Department of Development Services EXHIBIT "C" LEGAL DESCRIPTION - AREA 3 AN EASEMENT AND RIGHT OF WAY FOR BIOLOGICAL CONSERVATION AND OPEN SPACE UNDER, ALONG AND ACROSS A STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO JOHN L. CLOUGH, AN UNMARRIED MAN, IN DOCUMENT RECORDED ON MAY 15, 2000, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DOCUMENT NO. 2000 - 0250246; THENCE SOUTH 88° 23' 02" EAST, 272.01 FEET, THENCE, NORTH 00° 56' 25" WEST, 65.62 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE NORTH 00° 00'00" EAST, 27.24 FEET; THENCE NORTH 90° 00'00" EAST, 7.54 FEET; THENCE NORTH 00° 41' 26 "EAST, 23.37 FEET; THENCE NORTH 10° 35' 57" EAST, 24.36 FEET; THENCE NORTH 89° 59'01" WEST, 12.48 FEET; THENCE NORTH 41° 30'45" EAST, 24.42 FEET; THENCE NORTH 90° 00'00" EAST, 21.95 FEET; THENCE NORTH 52° 51' 45" EAST, 17.93 FEET; THENCE NORTH 03° 11'45" WEST, 95.78 FEET; THENCE NORTH 24° 09'39" WEST, 65.83 FEET; THENCE NORTH 89° 07' S1 "EAST, 161.93 FEET; THENCE SOUTH 50° 21'00" EAST, 41.87 FEET; THENCE SOUTH 13° 09'20" EAST, 114.30 FEET; THENCE SOUTH 04° 09' 04 "EAST, 98.37 FEET; THENCE SOUTH 17° 46' 41" EAST, 34.45 FEET; THENCE NORTH 88° 23'02" WEST, 257.78 FEET TO THE TRUE POINT OF COMMENCEMENT. SHEET 7 OF 11 EXHIBIT C AREA 3 AREA 3 1.25 ACRES 54,419. 01 SQ. FT 7 QRpFESS /p 6 ���0 SOOD G 9 S F 5 4 0 NO. C47303 m Exp. 12 -2017 3 Jl CIV\V 2 9lF OF Cq` \FpR i T. P. 0. C. 0 15' 30' 60' CO I Cp L0 I� 1 INCH = 30 FEET O z I S 88d23'02" E 272.01' P. 0. C. CITY OF POWAY SHEET 8 OF 11 Department of Development Services EXHIBIT C AREA 3 BEARING O N DISTANCE (a ) 27.24' Od00'00" E O N 90dOO'OO" E 7.54' O N Od41 '26" E 23.37' ® N 10d35'57" E 24.36' O N 89d59'01 " W 12.48' © N 41 d30'45" E 24.42' O N 90dOO'OO "E 21.95' ® N 52d51 '45" E 17.93' O N 3d 11 '45" W 95.78' ® N 24dO9'39" W 65.83' © N 89dO7'51 " E 161.93 ' ©S 50d21 '00" E 41.87' ©S 13dO9'20" E 114.30' ® S O4dO9'04" E 98.37' ®S 17d46'41 " E 34.45' ® N 88d23'02" W 257.78' Q ,OFESS I SOOD Gq sl F 0 NO. C47303 � m � Exp. 12 -2017 � �F OF CAL�FO� r / �0 I 7 EXHIBIT "D" LEGAL DESCRIPTION - AREA 4 AN EASEMENT AND RIGHT OF WAY FOR BIOLOGICAL CONSERVATION AND OPEN SPACE UNDER, ALONG AND ACROSS A STRIP OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO JOHN L. CLOUGH, AN UNMARRIED MAN, IN DOCUMENT RECORDED ON MAY 15, 2000, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DOCUMENT NO. 2000-0250246;, THENCE SOUTH 88° 23'02" EAST,268.99 FEET, NORTH 00° 56' 25 "WEST 65.79 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE NORTH 84° 56'48" WEST, 57.99 FEET, THENCE NORTH 62° 17,15" WEST, 34.82 FEET, THENCE NORTH 14° 31'38" WEST 14.71 FEET, THENCE NORTH 88° 37,17" WEST, 92.32 FEET, THENCE DUE SOUTH A DISTANCE OF 33.32 FEET TO THE POINT OF TERMINUS, ALSO BEING THE TRUE POINT OF COMMENCEMENT. SHEET 10 OF 11 rr- EXHIBIT D AREA 4 BEARING DISTANCE (F7:) 0 0 0 0 0 P. 0. C. N 84d56'48" W 5 7.99' N 62d17'15" W 34.82' N 14d31 '38" W 14.71' S 88d37'17" E 92.32' S 0* 33.32' M NI 0) Ln o `D N 268.99' S 88 23'02 "E - 560.68' QROFESS /O tiQz- SOOD G j s y( (7 NO. C47303 m Exp. 12 -2017 * `M J] C I V 1 \- OF CAL \FOR 3�aa/ l� 0 10' 20' 40' 1 INCH = 20 FEET