Biological Conservation Easement Deed 2016-0240835RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 314- 840 -05
PROJECT NUMBER: MDRA 15 -018
DOC# 2016- 0240835
Ili I I II I III II II I I I I II I I II I I II
May 18, 2016 01:11 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES. 13
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 (BCE) is made this � day of & r
2016, by Designright Builders. Inc., ( "Grantor'), in favor of City of Poway ( "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 high quality and disturbed Chaparral which is identified as a sensitive
habitat species pursuant to the Poway Subarea Habitat Conservation Plan. Conservation of this property
therefore will preserve a sensitive vegetation community or wildlife 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 Game (CDFG), has
jurisdiction, pursuant to CDFG 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 Services (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.
G. This BCE provides protection for approximately 0.45 acres of Chaparral and 0.46 acres of
Disturbed Chaparral habitat for a total of 0.91 acres of habitat located within the City of Poway's Subarea
Habitat Conservation Plan /NCCP Focused Planning Area. 2--i
Biological Conservation Easement Deed
Page 2
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 0.99 acre of Chaparral and 0.42
areas of Disturbed Chaparral. In addition, 0.24 acres of habitat on the property has been disturbed as
previously authorized per the Master Mitigation Agreement (MMA) and the City's Wildfire Defensible Space
Program. The habitat disturbance is consistent with the maximum 2 -acre habitat disturbance allowance for
each of the 10 residential lots established by the MMA recorded on the property at the San Diego County
Recorder's Office on August 26, 2003, for the Williams Ranch project. This BCE will preserve the remaining
onsite habitat as required by the MMA. Per the MMA, no additional offsite mitigation will be required
because the developer preserved other habitat areas in open space easements at the time of the creation of
Williams Ranch subdivision.
I. 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 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 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 BCE 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 BCE 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 BCE.
2. Rights of Grantee. To accomplish the purposes of this BCE, Grantor hereby grants and
conveys the following rights to Grantee and the State of California Department of Fish and Game as a third
party beneficiary of this easement by this BCE:
(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 BCE, 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 CDFG and its designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the
purposes of this BCE 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 BCE;
(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 BCE 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
Biological Conservation Easement Deed
Page 3
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 BCE;
(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 BCE. Grantor further covenants that maintenance of the Property, to wit: cleanup 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 BCE.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this
BCE or that a violation is threatened, Grantee shall give 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 Game. 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 BCE, to recover any damages to which Grantee may be entitled for violation by
Grantor of the terms of this BCE, 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
Biological Conservation Easement Deed
Page 4
terms of this BCE. Grantor and Grantee agree that Grantee's remedies for any violation of the terms of this
BCE 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 BCE 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 BCE, 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 BCE as against Grantor.
The California Department of Fish and Game (CDFG) 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 CDFG in enforcing the
terms of this BCE 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 BCE shall be
borne by Grantor.
6.2. Grantee's Discretion. Enforcement of the terms of this BCE by Grantee or CDFG
shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its
rights under this BCE 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 BCE or of any of the Grantee's rights
under this BCE. No delay or omission by Grantee or CDFG 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.
6.3. Acts Beyond Grantor's Control. Nothing contained in this BCE 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 Game Right of Enforcement. All rights and remedies
conveyed to Grantee under this BCE shall extend to and are enforceable by the Department of Fish and
Game 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 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 BCE 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 CDFG or to the respective designees of Grantee
and CDFG.
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.
Biological Conservation Easement Deed
Page 5
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 BCE, and shall furnish
Grantee and CDFG with satisfactory evidence of payment upon request.
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG 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 BCE.
9.3. Condemnation. The purposes of the 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.
10. Assignment. This BCE may not be transferred, assigned, or extinguished without the prior
written approval of CDFG. Grantee may assign its rights and obligations under this BCE only to an entity or
organization authorized to acquire and hold 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 BCE 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 CDFG 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 BCE. The failure
of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this BCE 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 CDFG.
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: Designright Builders, Inc.
2336 Mountain Boulder Heights
Ramona, CA 92065
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
Biological Conservation Easement Deed
Page 6
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 BCE may be amended by Grantor and Grantee only by mutual written
agreement approved in writing by CDFG. Any such amendment shall be consistent with the purposes of this
BCE and, shall not affect its perpetual duration. Any such amendment shall be recorded in the official
records of San Diego County, State of California.
14. Recordation. Grantor shall promptly record this instrument in the official records of San
Diego County, California and immediately notify the Grantee and CDFG through the mailing of a confirmed
copy of the recorded easement.
15. General Provisions.
(a) Controlling Law. The interpretation and performance of this BCE shall be governed
by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this BCE shall be liberally construed in favor of the deed to effect the purposes of this BCE
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 BCE 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 BCE, such action shall not affect the remainder of this BCE. If a court of competent
jurisdiction voids or invalidates the application of any provision of this BCE 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 BCE and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the BCE, 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 BCE 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 CDFG.
(g) Termination of Rights and Obligations. A party's rights and obligations under this
BCE shall terminate only upon transfer of the party's interest in the BCE 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 7
(j) Modification. This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFG 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 CDFG 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.
IN WITNESS THEREOF, Grantor and Grantee have entered into this BCE the day and year first
above written.
GRANTOR:
Designright Builders, Inc.
By:
Its: S"44w
Title
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
By:
Mor n L. oley, City A orney
M:\ planning \oda \MDRAS\2015 \MDRA15 -018 Lot 5 Williams Ranch \BCE.docx
Date: '^, l Z / ;rP14,
Biological Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Biological Conservation Easement
Designright Builders, Inc., dated /, _;,?,2i(' , to the City of Poway, Grantee, and to the
California Department of Fish and dame, 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: Nancy Neufeld, CIVIC, City Clerk
Authorized Representative
Date: oZ0/
EXHIBIT `A'
BIOLOGICAL CONSERVATION EASEMENT
APN 314- 840 -05
THOSE PORTIONS OF LOT 5 OF CITY OF POWAY TRACT MAP 89 -09, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF No. 14091, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 5, 2000, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG
THE WESTERLY LINE SAID LOT 5, SOUTH 00 °43'00" WEST (NORTH 00 °43'00"
EAST PER MAP No. 1409 1) 10.10 FEET TO AN INTERSECTION WITH A NON -
TANGENT CURVE, HAVING A RADIUS OF 273.00 FEET, CONCAVE
SOUTHEASTERLY, A RADIAL BEARS NORTH 46 009'30" WEST, SAID
INTERSECTION BEING THE POINT OF BEGINNING; THENCE LEAVING SAID
WESTERLY LINE, NORTHEASTERLY 22.75 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 04 046'27" TO AN INTERSECTION
WITH A NON - TANGENT LINE; THENCE SOUTH 00 °43'00" WEST 56.36 FEET TO
THE BEGINNING OF A CURVE, HAVING A RADIUS OF 54.00 FEET, CONCAVE
EASTERLY; THENCE SOUTHERLY 32.99 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 35 °00'00 "; THENCE SOUTH 34 °17'00"
EAST 2.04 FEET TO AN INTERSECTION WITH A NON - TANGENT CURVE,
HAVING A RADIUS OF 100.00 FEET, CONCAVE SOUTHEASTERLY, A RADIAL
BEARS NORTH 31024'18" WEST, SOUTHWESTERLY 37.22 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 019'40" TO AN
INTERSECTION WITH THE SAID WESTERLY LINE OF LOT 5; THENCE ALONG
SAID WESTERLY LINE, N00 043'00" EAST 98.21 FEET TO THE POINT OF
BEGINNING.
CONTAINS 0.040 ACRES, MORE OR LESS
PARCEL B
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG
THE EASTERLY LINE SAID LOT 5, SOUTH 00 °12'44" EAST (NORTH 00 °12'44"
WEST PER MAP No. 14091) 7.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 °12'44" EAST 100.77 FEET TO AN INTERSECTION WITH
A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
SOUTHEASTERLY, A RADIAL BEARS NORTH 43 °31'40" WEST; THENCE
LEAVING SAID EASTERLY LINE, SOUTHWESTERLY 62.23 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 °39'27 "; THENCE
SOUTH 10 °48'53" WEST 42.31 FEET TO THE BEGINNING OF A CURVE, HAVING
A RADIUS OF 100.00 FEET, CONCAVE EASTERLY; THENCE SOUTHERLY 7.07
FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04 003'09" TO AN INTERSECTION WITH A NON - TANGENT CURVE, HAVING A
RADIUS OF 100.00 FEET, CONCAVE SOUTHWESTERLY, A RADIAL BEARS
NORTH 66 °29'24" EAST; THENCE NORTHWESTERLY 114.80 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65 °46'24 "; THENCE
NORTH 89 017'00" WEST 96.33 FEET TO THE BEGINNING OF A CURVE, HAVING
A RADIUS OF 100.00 FEET, CONCAVE SOUTHERLY; THENCE WESTERLY 18.82
FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
10 046'53" TO AN INTERSECTION WITH A NON - TANGENT LINE; THENCE
NORTH 34 017'00 WEST 10.72 FEET TO THE BEGINNING OF A CURVE, HAVING A
RADIUS OF 18.00 FEET, CONCAVE EASTERLY; THENCE NORTHERLY 11.00
FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
35 000'00 "; THENCE N00 043'00" EAST 56.26 FEET THE BEGINNING OF A CURVE,
HAVING A RADIUS OF 54.00 FEET, CONCAVE WESTERLY; THENCE
NORTHERLY 24.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 26016'29" TO AN INTERSECTION WITH A NON - TANGENT
CURVE, HAVING A RADIUS OF 273.00 FEET, CONCAVE SOUTHEASTERLY, A
RADIAL BEARS NORTH 33016'14" WEST; THENCE EASTERLY 160.88 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 °45'51
THENCE SOUTH 89 030'23" EAST 105.13 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.814 ACRES, MORE OR LESS
PARCEL C
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE ALONG
THE SOUTHERLY LINE SAID LOT 5, SOUTH 84 042'00" WEST (NORTH 84 °42'00"
EAST PER MAP No. 14091) 27.65 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 84 °42'00" WEST 33.26 FEET TO AN INTERSECTION WITH
A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
NORTHWESTERLY, A RADIAL BEARS SOUTH 35 047'40" EAST; THENCE
LEAVING SAID SOUTHERLY LINE, NORTHEASTERLY 28.86 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 032'09" TO AN
INTERSECTION WITH A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00
FEET, CONCAVE NORTHEASTERLY, A RADIAL BEARS SOUTH 59 °42'07" WEST;
THENCE SOUTHEASTERLY 21.05 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12 003'44" TO THE POINT OF BEGINNING.
CONTAINS 0.006 ACRES, MORE OR LESS
PARCEL D
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE ALONG
THE WESTERLY LINE SAID LOT 5, NORTH 00 °43'00" EAST (NORTH 00 °43'00"
EAST PER MAP No. 14091) 69.08 FEET TO AN INTERSECTION WITH A NON -
TANGENT CURVE, HAVING A RADIUS OF 100.00 FEET, CONCAVE
NORTHEASTERLY, A RADIAL BEARS SOUTH 54 °09'58" WEST; THENCE
LEAVING SAID WESTERLY LINE, SOUTHEASTERLY 24.91 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °16'21" TO AN
INTERSECTION WITH A NON - TANGENT CURVE, HAVING A RADIUS OF 100.00
FEET, CONCAVE NORTHEASTERLY, A RADIAL BEARS SOUTH 56 °59'32" WEST;
THENCE SOUTHEASTERLY 78.71 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 45 005'58" TO AN INTERSECTION WITH THE
NON - TANGENT SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG SAID
SOUTHERLY LINE, SOUTH 84 042'00" WEST 81.40 FEET TO THE POINT OF
BEGINNING.
CONTAINS 0.050 ACRES, MORE OR LESS
THE BASIS OF BEARINGS IS THE WESTERLY LINE OF SAID LOT 5 OF MAP No. 14091.
i.e. NORTH 00 °43'00" EAST
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EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT
APN 314 - 840 -05 BIOLOGICAL CONSERVATION
EASEMENT DATA TABLE
R�AO _LOT A - - - - - - - - -
N89 °30 23 "W
105.04'
L11
,v
PARCEL B
L8
LOT 5
CITY OF POWAY TCT. 89 -09
MAP 14091
BIOLOGICAL Cl
PARCEL
PARCEL
PARCEL
PARCEL
�9
J PARCEL
L1
P.O.B.
PARCEL D
)NSE
"A"
'B'
'D'
RVAT101
0.040
0.814
0.006
0.050
L5
\P.O.B.
PARCEL B
I�
C6
^
o
R1
N46 °09'30 "W
J
V
o_ R3
N43 °31'40 "W
R4
3
R5
RA
C5
v
R7
S59 °42'07 "W
R8
v
J EASEMENT
ACRES
ACRES
ACRES
ACRES
PARCEL C
L13 L12
5 N84 *42'00 "E 311.45' P.O.B.
LOT B MAP 14091 PARCEL C
OPEN SPACE AND BIOLOGICAL AREA
BASIS OF BEARINGS:
IS THE WESTERLY LINE OF LOT 5 OF MAP No. 14091
i.e. N00 °43'00 "E
BIOLOGICAL CONSERVATION EASEMENT -
PORTIONS OF LOT 5 -CITY OF POWAY TRACT
MAP 89 -09 MAP NO. 14091
DIMENSIONS LAND SURVEYING & MAPPING
782 SUNNY HILLS COURT RAMONA. CA 92065
PH 760 525 -1975 flepoge @cox.net
w
I 0
0
z
BEARING LENGTH
L1 S00 °43'00 "W 10.10'
L2 SO0 °43'00 "W 56.36'
L3 S34 °17'00 "E 2.04'
L4 N00 °43'00 "E 98.21'
L5 S00 °12'44 "E 7.00'
L6 S00 °12'44 "E 100.77'
L7 S10 °48'53 "W 42.31'
L8 N89 °17'00 "W 96.33'
L9 N34 °17'00 "W 10.72'
L10 N00 °43'00 "E 56.26'
Lll S89 °30'23 "E 105.13'
L12 S84 °42'00 "W 27.65'
L13 S84 °42'00 "W 33.26'
L14 N00 °43'00 "E 69.08'
L15 S84 °42'00 "W 81.40'
BIOLOGICAL CONSERVATION
EASEMENT DATA TABLE
r-
`n
M
RADIAL BEARING
R1
N46 °09'30 "W
R2
N31 °24'18 "W
o_ R3
N43 °31'40 "W
R4
N66 °29'24 "E
R5
N33 °16'14 "W
R6
S35 °47'40 "E
R7
S59 °42'07 "W
R8
S54 °09'58 "W
R9
S56 °59'32 "W
BIOLOGICAL CONSERVATION
EASEMENT
DATA TABLE
RADIUS
C1 273.00'
C2 54.00'
C3 100.00'
C4 100.00'
C5 100.00'
C6 100.00'
C7 100.00'
C8 18.00'
C9 54.00'
C10 273.00'
C 1 1 100.00'
C12 100.00'
C13 100.00'
C14 100.00'
C15 280.00'
ONpL L4N0
0.%C K R s�
c
m
yE A 45 /I
NO. 7524 0
'<-6F � F
DELTA LENGTH
04 °46'27" 22.75'
35 °00'00" 32.99'
21 °19'40" 37.22'
35 °39'27" 62.23'
04 °03'09" 7.07'
65 °46'24" 114.80'
10 °46'53" 18.82'
35 °00'00" 11.00'
26 °16'29" 24.76'
33 °45'51" 160.88'
16 °32'09" 28.86'
12 °03'44" 21.05'
14 °16'21" 24.91'
45 °05'58" 78.71'
45 °08'37" 220.61'
DATE: 3/13/16
SCALE: 1" = 80'I
BY: FRL
SHEET 1 OF 1
CALIFORNIA ALL-PURPOSE • •.
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 S a n (2 !)o )
On 9 12 1 1 � �O before me, (V c � 2 2 r -Z- r bfi a
Date Here Insert Name and Title of the Offic r
personally appeared
S Che"e r
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
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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.
WITNESS my hand and official seal.
NOMCA 1. MARtMEZ
• 211 5964
M"f POW • Cmamia Signature /!
w om° C01N"1' Signature of Notary Pitbrlic
my Cwm = Jun 18 2019
Place Notary Seal Above
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Signer Is Representing:
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Signer Is Representing:
• • • • • • • • • i • i • • i • • i • ,