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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 Iw PREPARED BY: E�_�z CL Frederick R. LePage, PLS 7524 1E= DLSM LOT 4 MAP 14091 Y n C Q J J / I < C \ \ J a N �� 8 \ a S C7 J \ cr J \ a m M o w N46 °09'30 "W 0 a V v . N43 °31'40 "W � M v 3 � o a 0 � RA z v R7 S59 °42'07 "W 0 v J S56 °59'32 "W 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 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. 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 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 — C_I Limited ❑ General ❑ Individual Ll Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • • • • • • • • • i • i • • i • • i • ,