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Conservation Easement Deed 2000-0230347 Request By CITY OF POWAY When Mail To: CITY CLEP~K ~ CITY OF mo BOX 78~ POWAY, C~. This by David S. POWAY ( "), in favor of the Services, DuB ,.:000 OF ICIAL REC rDS SAN DIEGO ~ UNT¥ RECO DER'S OFFICE GREGORY J. MITH, CO T¥ RECORDER FEE: .00 0: NA (This space for Use) DEED is made this 19 day of ,2000 and Nancy Kay ( ), in favor of CITY OF a for the benefit of and of Fish and Game and the U.S. Fish and with to the facts: A. Grantor is the County of San Diego, Exhibit A ( hereto and sole owner id fee simple of certain real in the State of more in legal and plat) by this (the ); B. The State of values") of great and habitat values( y, to and the people of the C. The Coastal Sage Scrub; and high quality native plant habitat D. The of Fish and Game has and Game Code Section 1802, over the of fish, native plants, and the of those Diegan habitat to the Fish and for ' y E. This from Minor Review 99-174, also Minor Review 98-05, and of two single family on the Twin Peaks Road, located in the City of Poway, to the adopted Poway Subarea Habitat Plan. for certain impacts and 99-21, and 98-01, the located at 14689 and 14701 County of San Diego. Pland/ Natural to Civil Cod land' The City of Poway is authorized to hold C Easements for the ~tural, forested, or open space condition pursuant COVENAN' TERN C£ FION ES'! [O In consideration of the above recital and mutual contained herein, and California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily dee~ls and conveys to Grantee a over the Property. 1. Purpose. The purpose of this C E ~e Property will be retained forever in a natural condition and to prevent any use of the Property that will significantly' ' ' ?ere with tin ~'the Property. G ts that this C C' C ~' limitation, those involving the 1: ~/en/q ~'native species and their habitat in the hab' purposes of this C Easement. 2. Grantee's Ri s. To accomplish the purposes of this C Easement, Grantor hereby grants and conveys the following rights to Grantee and the State of California, Department offish and G J party beneficiary of this C Easement Deed: (a) T :1 ['the Property; compli research and ' unreasonably ' (b) ~l J Grantor' s ~ Cthis C 1~ :l for scientific purposes by Grantee or its designees, provided that Grantee shall not G :1 quiet enjoyment of the Property; (c) T purposes of this C the Property that may l~e d purposes of this C y activity ~'the Property tb ~ the require th ~' such areas or features of f ' or any use th~ the Easement; biological All mineral, air and water rights necessary to protect and to sustain the Cthe Property; and (e) Ail present and future d 3. Prohibited Uses: A ' ' ~'the Property' a the purposes of this C E ~ited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and third ~ressly prohibited: affect the purposes of Unseasm~al watering, use of herbicides, rodenticides, or weed abatement :1 any and all other uses which may adversely (b) Use of off-road vehicles; (c) G lace entry for exp] ~'minerals; (d) Erecting of any building, billboard, sign; (c) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material; (0 Excavating, dredging · gofl' ., soil, rock, sand or other material; (g) C general topography of the Property, including building of roads; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) of existing foot trails or roads, or (3) 1: ['disease. 4. Grantor's Dt Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the values of the Property. In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under section 2 of this C ling but not limited to, G rights. to engage in or to 1~ the purposes of this C G .f, and to its personal rel: heirs, £ tip of the Property, including the right ~,age in all uses of the Property th ix Easement. 6. Grantee' If Grantee d ~at G ' [the terms of this C I~ threatened, Grantee shall g' Grantor of such ' ' ' ['such violation. If Grantor f th ' ' ' fifteen (15) days after receipt of said t demand from Grantee, or said >fy req ' ran fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15) days 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 compliance by G the terms of this C Easement, ~' damages to wh/ch Grantee may be entitled f ' ~ ' by Grantor of the terms of this C Easement, to enjoin the violations, er pestle as necessary, by temporary or 1~ ' 'unction without the necessity off J :lequacy of otl~ lable legal remedies, or for other equitable rcliel; including, but not limited to, the of the Property to the 6.4 ~Fish and G C All rights and remedies Deed shall extend to and are enforceable by 7. Fenc dlationand The Grantor shall and in e fence at the between the and the area for:the of a amily home located at 14701 Twin Peaks Road. This fence will run East to West, to separete the area, from the amily home area. The pu pose of the fence shall be to of the habitat within the area and to lim t access of humans and The and he ght of the fence has been by the City of Poway in a meeting with Jim Nessal and Carol Rosas, on Jan. 8. Access. This right of access to the public. does not convey a general 9. Costs and Liabilities. G liabilities of any kind related to the ownership, 1 responsibilities and shall bear all costs and ~keep, and [ the Property. 9.1 Taxes. Grantor shah pay before delinquency all fees, and charges of whatever d :1 ~ against the Property by competent authority (collectively "taxes"), incl ~ t ~this C E ~ shall fiLrnish G Factory evidence of payment upon request. 9.2 Hold Grantor shall hold harmless, indemnify, and defend Grantee and California Department of Fish and Game, and their directors, officers, employees, agents, ~ rep (collectively "Indemnified Parties") fi.om and against all liabilities, penalties, costs, losses, damages, expenses, causes of a~ti0n, claims, demands, or judgments, including without I' 5 fees, arising ~, way connected with: (1) injury to or the death of any person, or physical damages to any property, resulting fi.om any act, omission, condition, t ~out the Property, regardless of cause, unless due to the negligence o £ any o f the Indemnified Parties; (2) the obligations specified in Sections 4, 9, and 9.1; and (3) J ~'this C Easement. 9.3 C The purposes of the C E presumed to be the best and ~lic use as defined at Civil Procedure Code Section 1240.680 notwithstanding Civil Procedure Code Sections 1240.690 and 1240.700. 10. G ' ;hts and obligations under this C I? ~ to acquire and hold pursuant to Civil Code Sectiou 815.3 aud only with prior written consent of the California Department offish and Game. G require the assig :1 the assignment in the county where y is located. 11. rs. G he terms of this C E ~ instrument by which G if of any ' I or a portion of the Property, including, without limitation, a leasehold interest. Grantor further Grantee oftl~ ' least fifteen (15) days prior to transfer. which prospective subseq. conditions and ' ' [this C perform any act provided or I ~' [ers in g' [' th terms, Easement. The failure of Grantor or Grantee to hall not impair the validity of this C Easement 12. either party d sent by f Notices. Any notice, demand, request, consent, approval, that tuired to give to the other shall be in writing and be served personally or I, postage prepaid, addressed as follows: To Grantor: David and Nancy 916 B Street Ramona, Calif. 92065 To Grantee: City of Poway City Manager Civic Center Drive PO Box 789 Poway, CA 92074-0789 With copies to: C [Fish and Game South C 4949 Viewridge Avenue San Diego, CA 92123 Attn: Regional Manager and U. S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Attn: General Counsel or to such other address as eitl~ I designate l:, the other. Notice shall be deemed eft delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 13. Amendment This C E be amended by Grantor and Grantee by mutual :tment shall I~ ~ the purposes of this C t, except as provided in Section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San DiegO County, State of California. 14. Get~eral ' ' (a) TI~ ~1 performance of this C Easement shall be governed by the laws of the State of California. (b) notwithstanding, this C effect the I: C with the purposes of this C favored over any Any general rule of to the contrary Easement shall be liberally construed in favor of the deed to E :1 the policy and purpose of Civil Code Section · f that would render the provision valid shall be 'd render it invalid. (c) [competent jurisdiction voids or invalidates on its face any provision of this C Easement Deed, such action shall not affect the remainder of this C Deed. If a court of competent jurisdiction voids or invalidates the appl' p ' ' ' C Easement to Deed to a p ~ action shall not affect tile application o~' the I: ' ' :her I: (d) E This ' forth the entire agreement of the parties with respect to tile C E ~i supersedes all prior {J' gotiations, understandings, C ~' this ' shall be valid or binding unless contained in an amendment in accordance with Section 14. ¢) herein will result in a forf of G C and ~ ' servitud (0 Successors. The covenants, terms, and of this ' ~ shall be binding upon, and inure to the benefit of, the parties thereto h ' :1 assigns and shall the Property. this C E (g) .... A party's rights and obj' :let Easement tenninates upon transfer of the party's interest in the C Property, liability for acts or omissions occurring prior to transfer shall ~'er. (h) C__aptions The captions in this instrument have been inserted solely for of reference and are not a part of this ' and shall have no effect upon th ti) which shall, in The parties may execute this instrument in two or more be signed by parties; each ~all be deemed has signed it. In the event of any disparity between be controlling. IN WITNESS WHEREOF Grantor and Grantee have entered into this C Easement the day and year first al: G DAVID AND NANCY condition in which it existed prior to any such violation or injury. Without limiting Grantor's liability therefor, Grantee may apply any damages recovered to the cost of undertaking any IfC' prevent period provided f threatened remedies at law f discretion, d' aat tuire immed significant damage to the values of the Property, Grantee may p G for the >ire. Grantee's rights under this paragraph apply equally to actual or ~' [this C Easement. G aat Grantee's ~' ~'this C E tequate and that Grantee shall be entitled to 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 perf ~' tlne temas of this C Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in ~' .1 b :1 shall be in addition to all remedies now or hereafter existing at I [uding but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If future C y subseq. ' tbx n lands for purposes ' with this C Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or any entity or individual with a justiciable interest in the I: of this C Easement has standing as interested parties in any proceeding affecting this C 6.1 of this C attorneys' I. the terms of this C 6.2 Costs of Enforcement. Any 1 by Grantee in enforcing the terms Easement against Grantor, including, but not limited to, costs of suit and : t by G ' ' gligence under I~ 1 be borne by Grantor. Grantee's Enforcement of the terms of this C Easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to ghts under this C E ~e event of any breach of ['this C Easement by Grantor shall not be deemed t to be a waiver by Grantee of such term or of breach of . ~er term of this C Easement or of any of Grantee' er this C No delay by Grantee in ~ breach by Grantor shall impair such right or remedy or be construed as a wmvcr. 6.3 A ator's Control. Nothing contained in this C Easement shall Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth or from any prudent action taken by Grantor under emerg 1~ ' ' ificant injury to the Property resulting from such causes. EXHIBIT "A ' LEGAL DESCRIPTION THAT PORTION OF THE EASTERLY 100.00 FEET OF THE WEST 800.00 FEET EXCEPTING TltEREFROM THE SOUTH 880.00 FEETOF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARD1NO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SA1D EASTERLY 100,00 FEET OF THE WEST 800.00 FEET; THENCE SOUTH 0° 28' 29" EAST ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 30.02 FEET TO A POINT ON THE SOUTHERLY LiNE OF THE NORTHERLY 30 FEET OF SAID WEST 800.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0° 28' 29" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 150.00 FEET; THENCE LEAVING SAID LINE SOUTH 890 31' 31 ~ WEST A DISTANCE OF 30.00 FEET; THENCE SOUTH 71 o 58' 28" WEST A DISTANCE OF 41.95 FEET TO A POINT ON THE EASTERLY LINE OF THE WEST 730.00 FEET OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 0° 28' 29" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 165.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHERLY 30.00 FEET OF SAID WEST 800.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER', THENCE SOUTH 88° 33' 10" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 70.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID WEST 800.00 FEET AND THE TRUE POII~IT OF BEGINNING. Area = 0.25 AC. Open Space (Alstrand APN 321-250-10) 1-18-2000 Job No, 2099 G loo \ 41,q$~ Ioo. o$ - 155 01-19-2000 >>> JOB: POINT 96(]) 963 962 961 960 (960 963 962 961 960) AREA = 43139.91 BEAR I NG S 88 33 10. 000E S 0 28 29. 000E 431. 3183 N 88 38 43. 000W 1(]10. 0510 N 0 28 29. 000W 431. 4799 NORTH 9979.7837 9548.4803 EAST 5700.1706 5800.1950 5803.7686 5703.7456 5700.1706 POINT 967 968 969 97 0 966 967 (967 968 969 970 966 967) AREA = ~ BEARING S 0 28 S 89 31 S 71 58 N 0 28 S 88 33 29. 000E 31. 000W 27 · 804W 29. 000W 10. 000E 150. 0000 30. 0000 41. 9529 70. 0394 NORTH 9949.7679 9799.7730 9799.5245 9949.7679 EAST 5800.4437 5771.6875 5731.7937 5730.4266 5800.4437 *OPEN SF'ACE EASEM as to form: BY: David S. Nancy Kay BY: Niall Fritz, of Ser. OF dated acce~ This is to certify that the in real by this Deed by David S. Alstrand and Nancy Kay Alstrand, / , 2000to the City of Poway, is hereby )y t~ officer on behalf of the City of Poway. CITY OF POWAY Title: Lori Anne City Clerk Date: ~ ~ , 2000. State of California ) County of S~ ) On Janul _9, 2000 before me, ~coche: personally appeared David S. Alstrand and Nanc ~lstrand personally known to me (or 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), instrument the person(s), acted, executed the instrument. and that by his/her/their signature(s) on the or the entity upon behalf of which the person(s) WITNESS my hand and official seal. LINDA J. NECOCHEA Comm. # 1163644 NOTARY PUBliC CALIFORNIA San Die.go County