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