Biological Conservation Easement Deed 2019-0036868 DOC# 2019-0036868
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RECORDING REQUESTED BY: Jan 31, 2019 03:30 PM
OFFICIAL RECORDS
CITY OF POWAY Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
WHEN RECORDED MAIL TO: FEES: $0.00 (SB2 Atkins: 50.00)
PCOR: N/A
PAGES: 16
CITY CLERK
CITY OF POWAY
PO BOX 789
POWAY, CA 92074-0789
APN: 277-020-270 Space Above Line for Recorder's Use Only
PROJECT NUMBER: MDRA 17-032
BIOLOGICAL CONSERVATION EASEMENT DEED
Documentary Transfer Tax is$-0-pursuant to R 8 T Code 11922
(Conveyance to a Government Agency)
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JJIS BIOLOGICAL CONSERVATION EASEMENT DEED (BCE) is made this r t day of
Prober ao I S by Peter V. Marlow and Cherese A. Marlow, ("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 Wildlife (CDFW), 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 Conservation Easement provides protection for 2.576 acres of land that contains Diegan
Coastal Sage Scrub (DCSS) and Coastal Sage Scrub and Chaparral (CSCS) habitat located within the City of
Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area.
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 2.067 acres of DCSS and CSCS habitat. This
and the offsite mitigation is a mitigation measure for such removal of 2.067-acres of CSCS and DCSS habitat.
In accordance with the Poway HCP the DCSS and CSCS habitat is required to be mitigated at a minimum 2:1
replacement ratio for the standard maximum 2-acres of habitat impact. Additionally, pursuant to the allowance
granted by the US Fish and Wildlife Service and CA Fish and Wildlife Service in implementation of the HCP
for projects that have long access driveways (exceeds 150-feet in length), the 0.067 acres of habitat impact in
excess, of the maximum 2-acre limit is allowed but must be mitigated at a 3:1 replacement mitigation ratio
(0.201 acres). Mitigation has been accomplished through dedication of approximately 2.576 acres of DCSS
and CSCS on-site in a Biological Conservation Easement(BCE) as provided for under the HCP. Additionally,
1.631-acres of offsite mitigation has been provided through payment of a mitigation in-lieu fee. Mitigation for
approximately 0.583-acres of habitat impacts from project related soil testing in 2016 pursuant to the approval
of Administrative Clearing Permit 15-009 was completed in February 2016 by payment of a $19,822 habitat
mitigation in lieu fee and has been credited toward the 1.631 acres of the off-site mitigation requirement. The
total mitigation required for the project is 4.201 acres.
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 CDFW 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, this BCE, including but not limited to Section 4 herein,
and for scientific research and interpretive purposes by Grantee or its designees;and CDFW and its designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the purposes
of this 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.
Biological Conservation Easement Deed
Page 3
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
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 and the limitations set forth herein.
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 CDFW. 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.
Biological Conservation Easement Deed
Page 4
If Grantee, in its sole discretion, determines that circumstances require immediate action to
prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its
remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for
cure to expire, Grantee's rights under this paragraph apply equally to actual or threatened violations of the
terms of this 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 CDFW as a third-party beneficiary of this easement shall have the same rights as Grantee
under this section to enforce the terms of the easement.
6.1. Costs of Enforcement. Any costs incurred by Grantee or CDFW in enforcing the terms
of this 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 fully
recoverable from Grantor and borne soley by Grantor,
6.2. Grantee's Discretion. Enforcement of the terms of this BCE by Grantee or CDFW
shall be at the discretion of Grantee and CDFW, and any forbearance by Grantee or CDFW to exercise its
rights under this 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 CDFW in the exercise of any right or remedy upon any breach
by Grantor shall impair such right or remedy or be construed as a waiver.
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 Wildlife Right of Enforcement. All rights and remedies
conveyed to Grantee under this BCE shall extend to and are enforceable by the CDFW and the USFWS.
6.5. Fence Installation and Maintenance. Grantor shall install and maintain a fence
between the approved development area of the parcel and the BCE 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
Biological Conservation Easement Deed
Page 5
interpretive purposes, shall be reserved to the Grantee and CDFW or to the respective designees of Grantee
and CDFW.
9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind including transfer costs,costs of title and documentation review, and costs related to the ownership,
operation, upkeep, and maintenance of the Property.
9.1. Taxes. Grantor shall pay before delinquency all taxes: assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority(collectively
"taxes"), including any taxes imposed upon, or incurred as a result of, this BCE, and shall furnish Grantee and
CDFW with satisfactory evidence of payment upon request.
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFW and its members, directors, officers, employees, agents, contractors, and their heirs, and
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the
death of any person, or physical damages to any property resulting from any act, omission, condition, or other
matter related to or occurring on or about the Property, regardless of cause; (2) the obligations specified in
Sections 4, 9, and 9.1; and (3) the existence or administration of this BCE.
9.3. Condemnation. The purposes of the BCE 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 CDFW. 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 and the CDFW
of the intent to transfer any interest at least forty-five (45) days prior to the date of such transfer. Grantee shall
have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are
not given notice of the covenants, terms, conditions and restrictions of this 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 CDFW.
12. Notices. All notices, demands, requests, consents, approvals, or communications from one
party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be
deemed given five(5) days after deposit in the United States mail, certified and postage prepaid, return receipt
requested and addressed as follows, or at such other address as any party may from time to time specify to
the other parties in writing:
To Grantor: Peter and Cherese Marlow
18409 Deer Valley Estates
Poway, CA 92064
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
Biological Conservation Easement Deed
Page 6
With a copy to: Department of Fish and Wildlife
Natural Community Conservation Planning
3883 Ruffin Road
San Diego, CA 92123
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,within seventy-
two (72) hours after transmission of a facsimile, documents that bear the original signatures.
13. Amendment. This BCE may be amended by Grantor and Grantee only by mutual written
agreement approved in writing by CDFW. Any such amendment shall be consistent with the purposes of this
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 CDFW 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 CDFW.
(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.
Biological Conservation Easement Deed
Page 7
(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.
(j) Modification. This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFW or their permitted successors or assigns.
(k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated
herein by reference.
(I) Appropriations. The duty of the City of Poway and CDFW to carry out their respective
obligations under this Easement shall be subject to the availability of appropriate funds.
(m) Effective Date. This Easement shall be effective upon recording with the San Diego
County Recorder's Office.
IN WITNESS THEREOF, Grantor and Grantee have entered into this BCE the day and year first above
written.
GRANTORS;.Peter . Mar •wan• e A. Marlow JJ��
By: /// ' Date: dCe- /99 20/g
Peter V. Marlow, Owner
•
By: ' . —PI �/ o Date: Ge'1 /7.77,01Y
C erese A. Marlow, Owner
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
/ / / i
By:
Alan Fenstermacher, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
yrrrrrrrA«relwie Nercoc enrr .. - r etrera^.-cnr..=err..rear etee seregramrcrr. aacre.rere xrrarvsmnmrea
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Diego
On NCP_(YI}Kf 16i c"K before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared poke ( • mCt()ot.,) Qr`t.t
Name(s)of Signer(s)
(Inecese n • moti , at_.)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)t3'are
subscribed to the within instrument and acknowledged to me that ted/she/they executed the same in
his er/their authorized capacity,(es),and that b hi er/their signature(s)on the instrument the person(s),
r 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.
";w, YVONNE MANNION
- Notary Pubtk-Calitomia WITNESS my hand and official seal.
'1 •, San Diego County
mot' % Commission a 2201766
•* • My Comm.Expires Jun 18.2021
Signature _ J� igyof Notary
Public
Signature of Notary Public
Place Notary Seal Above
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Though this section is optional, completing this information can deter alteration of the document or
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Description of Attached Document
Title or Type of Document: RC E
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Biological Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property located in the City of Poway conveyed by the Biological
Conservation Easement Deed as described in Item A dated: ICI Decomba „Iva 8(date of grant document)
from Peter V. Marlow and Cherese A. Marlow(Grantor) to the City of Poway, (Grantee), a political corporation
and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No, 17-007 adopted on April 18, 2017.
CITY OF POWAY
Dated: /hi -47.1'By: - 4 a
o'ertJ. Manis
Dir-ctor of Development Services
"EXHIBIT A"
PARCEL "A":
BIOLOGICAL CONSERVATION EASEMENT WITHIN THAT PORTION OF LAND IN THE NORTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 11688, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988 AS FILE NO.
88-329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT DEED
RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471. SAID BIOLOGICAL
CONSERVATION EASEMENT DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF AFOREMENTIONED PARCEL OF LAND;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND SOUTH 00°17'47" EAST, 30.01
FEET TO THE SOUTHERLY LINE OF A 60.00 FOOT WIDE ROAD AND UTILITY EASEMENT
RECORDED JUNE 25, 1982, AS FILE NO. 82-196219 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°17'47" EAST, 380.00 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL OF LAND SOUTH 88°59'38"WEST, 870.08 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 45°17'31" EAST, 38.84 FEET TO THE SOUTHEASTERLY LINE OF SAID
60.00 FOOT WIDE EASEMENT; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID 60.00 FOOT
WIDE EASEMENT NORTH 59°31'10" EAST, 302.66 FEET TO POINT"A" OF THIS DESCRIPTION;
THENCE LEAVING SAID SOUTHEASTERLY EASEMENT LINE SOUTH 30°28'29° EAST, 24.47 FEET
TO THE BEGINNING OF A TANGENT 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°23'58"A
DISTANCE OF 68.61 FEET; THENCE SOUTH 87°13'39" EAST, 74.79 FEET; THENCE NORTH
83°54'20" EAST, 57.82 FEET; THENCE SOUTH 70°46'29" EAST, 33.81 FEET TO THE BEGINNING OF
A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY HAVING A RADIAL
BEARING OF SOUTH 67°50'03"WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 65°31'13"A DISTANCE OF 114.35 FEET TO THE BEGINNING OF
A NON-TANGENT 100.02 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY HAVING A RADIAL
BEARING OF SOUTH 45°06'05"WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 46°33'46"A DISTANCE OF 81.28 FEET; THENCE NORTH
88°19'31" EAST, 38.49 FEET TO THE BEGINNING OF NON-TANGENT 100.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY HAVING A RADIAL BEARING OF SOUTH 01°10'17" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'27"A DISTANCE
OF 157.09 FEET; THENCE NORTH 01°10'43"WEST, 38.67 FEET TO THE BEGINNING OF A
TANGENT 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 25°45'32"A DISTANCE OF 44.96 FEET; THENCE
NORTH 01°05'44" WEST, 13.25 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 67°11'13"A DISTANCE OF 117.26 FEET TO THE BEGINNING OF A NON-
TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY HAVING A RADIAL
BEARING OF NORTH 40°40'46" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 27°30'03"A DISTANCE OF 48.00 FEET; THENCE NORTH
02°08'23" EAST, 4.94 FEET; THENCE NORTH 00°47'16" EAST, 13.05 FEET; THENCE NORTH
04°01'42"WEST, 28.69 FEET; THENCE NORTH 81°27'04' EAST, 22.36 FEET; THENCE NORTH
83°27'24" EAST, 16.95 FEET THENCE NORTH 82°22'57" EAST, 17.06 FEET; THENCE NORTH
86°04'47" EAST, 15.29 FEET THENCE NORTH 86°47'19" EAST, 12.33 FEET; THENCE NORTH
87°57'04" EAST, 15.82 FEET THENCE NORTH 86°1528" EAST, 16.31 FEET; THENCE NORTH
83°30'37" EAST, 18.16 FEET; THENCE NORTH 09°38'50" E, 1.52 FEET TO THE SOUTHERLY LINE
OF AFOREMENTIONED 60.00 FOOT WIDE EASEMENT; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE NORTH 87°54'31" EAST, 34.88 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF THAT PORTION OF LAND IN THE NORTH
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO.
11688, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988
AS FILE NO. 88-329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT
DEED RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471; THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL OF LAND SOUTH 87°54'31"WEST, 6.75 FEET; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 02°05'29" EAST, 55.19 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0°16'53" EAST, 88.21 FEET; THENCE NORTH 83°08'28"WEST, 4.09
FEET; THENCE NORTH 69°28'26"WEST, 2.87 FEET; THENCE NORTH 56°17'37"WEST, 10.55 FEET;
THENCE NORTH 53°55'23"WEST, 4.57 FEET; THENCE NORTH 74°30'14"WEST, 4.72 FEET;
THENCE NORTH 59°07'30"WEST, 5.19 FEET; THENCE NORTH 61°44'42"WEST, 8.85 FEET;
THENCE NORTH 62°51'11"WEST, 10.36 FEET; THENCE NORTH 69°57'45" WEST, 8.78 FEET;
THENCE NORTH 74°52'05"WEST, 10.01 FEET; THENCE NORTH 15°59'03"WEST, 31.16 FEET;
THENCE NORTH 04°42'58" EAST, 12.53 FEET; THENCE NORTH 20°18'42" EAST, 16.25 FEET;
THENCE NORTH 87°57'04" EAST, 1.17 FEET; THENCE NORTH 86°15'28" EAST, 17.14 FEET;
THENCE NORTH 83°31'07" EAST, 12.16 FEET; THENCE NORTH 85°31'38" EAST, 10.91 FEET;
THENCE SOUTH 86°39'15" EAST, 23.43 FEET TO THE POINT OF BEGINNING.
CONTAINS 2.074 ACRES MORE OR LESS
PARCEL "B":
BIOLOGICAL CONSERVATION EASEMENT WITHIN THAT PORTION OF LAND IN THE NORTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 11688, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 7, 1988 AS FILE NO.
88-329630, SAID PORTION OF LAND MORE PARTICULARLY DESCRIBED IN GRANT DEED
RECORDED OCTOBER 10, 2014 AS DOCUMENT NO. 2014-0440471. SAID BIOLOGICAL
CONSERVATION EASEMENT DESCRIBED AS FOLLOWS:
COMMENCING AT POINT"A"AS DESCRIBED IN PARCEL"A" HEREIN; THENCE ALONG THE
SOUTHEASTERLY LINE OF A 60.00 FOOT WIDE ROAD AND UTILITY EASEMENT RECORDED JUNE
25, 1982, AS FILE NO. 82-196219, NORTH 59°31'10" EAST, 36.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH 59°31'10" EAST,
10.80 FEET; THENCE NORTH 55°26'48" EAST, 233.02 FEET; THENCE NORTH 74°59'30" EAST,
184.35 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 84°51'53" EAST, 16.09
FEET; THENCE SOUTH 81°27'04"WEST, 19.94 FEET; THENCE SOUTH 04°01'42" EAST, 32.21 FEET;
THENCE SOUTH 00°47'16"WEST, 12.84 FEET; THENCE SOUTH 02°08'23"WEST, 4.20 FEET TO
THE BEGINNING OF NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY
HAVING A RADIAL BEARING OF NORTH 10°51'08" EAST; THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 12°04'05" A DISTANCE OF 21.06 FEET; THENCE SOUTH
88°47'02"WEST, 67.34 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 89°53'01"A DISTANCE OF 156.88 FEET; THENCE SOUTH 01°05'58" EAST,
20.92 FEET TO THE BEGINNING OF A NON-TANGENT 22.83 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY HAVING A RADIAL BEARING OF SOUTH 24°51'16"WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°22'05" A DISTANCE
OF 19.27 FEET TO THE BEGINNING OF A NON-TANGENT 32.27 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIAL BEARING OF NORTH 61°05'10" EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°34'42" A DISTANCE
OF 17.22 FEET; THENCE SOUTH 53°27'31"WEST, 35.97 FEET; THENCE SOUTH 46°59'23"WEST,
24.24 FEET; THENCE SOUTH 24°33'10" WEST, 9.11 FEET; THENCE SOUTH 05°49'42" WEST, 26.10
FEET; THENCE SOUTH 83°13'11" EAST, 20.01 FEET; THENCE SOUTH 75°44'57" EAST, 13.67 FEET;
THENCE SOUTH 82°25'31" EAST, 12.28 FEET; THENCE SOUTH 85°29'26" EAST, 20.52 FEET;
THENCE SOUTH 84°50'07" EAST, 12.58 FEET; THENCE SOUTH 01°05'50" EAST, 7.93 FEET;
THENCE NORTH 71°27'17"WEST, 11.84 FEET; THENCE NORTH 81°11'42"WEST, 13.55 FEET;
THENCE NORTH 82°23'25"WEST, 6.76 FEET; THENCE NORTH 82°51'07"WEST, 18.86 FEET;
THENCE NORTH 85°18'58"WEST, 11.62 FEET; THENCE NORTH 85°21'35"WEST, 10.46 FEET;
THENCE NORTH 83°54'44"WEST, 11.87 FEET; THENCE NORTH 87°21'12"WEST, 5.03 FEET;
THENCE NORTH 89°37'39"WEST, 23.18 FEET; THENCE SOUTH 86°36'10"WEST, 7.82 FEET;
THENCE NORTH 85°50'50"WEST, 21.40 FEET, THENCE SOUTH 88°44'44"WEST, 4.30 FEET;
THENCE SOUTH 78°29'01"WEST, 3.17 FEET; THENCE NORTH 64°49'50"WEST, 3.46 FEET;
THENCE NORTH 68°28'26"WEST, 14.07 FEET; THENCE NORTH 39°53'49"WEST, 5.59 FEET;
THENCE NORTH 50°39'32"WEST, 11.87 FEET; THENCE NORTH 44°40'54"WEST, 12.14 FEET;
THENCE NORTH 30°28'29"WEST, 13.61 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.502 ACRES MORE OR LESS
Prepared by: \ONp1.LAHpSG
Jake D. Logan, PLS 9042 cy5 9
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TPOB EXHIBIT "B" PAGE 1OF4
PARCEL
I (S 0017'47' E 410.01')
EASEMENT GRANTED TO PACIFIC BELL a. 380.00'
PER DEED RECORDED FEBRUARY 21, :c .
1991 AS DOC. NO. 1991-0077330 w I �♦� � � ; �
,;gym .l,
r
L7 ♦♦
4
WATER LINE EASEMENT GRANTED z 4�
CITY OF POWAY PER DEED cc
CO 0 1 , ' '� 4, e
RECORDED JUNE 19, 2001 AS 't Tt°• OS.F e,c, S 0110'17" E }
DOC. NO. 2001-0410333 \, 1� � xo, T9jS,S, o4,
el es T
1 Z ferVlro N 10• F ?„Fy
ROAD AND UTILITY EASEMENT \s,;11>;.1 51'08” E op s >
PER DEED RECORDED JUNE 25, ? u �N N is. v
1982 AS DOC. NO. 82-196219 �. `21• ti� J J 4' WIDE fr.
o, °. 4 , TRENCH 4 e.
cf,
cc,
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a ,
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JAKE D. LOGAN, PLS 9042 \\ \ .Y '7
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3 L36 NI
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DATE 13s�. �F ���� 3 / `:���:::
ASSESSOR'S PARCEL NO. < .& ' 4: ' ��
277-020-27 `3`100,
; °� - ,
LEGEND �K • 4,� • )* Q
\ ;l a/too .moi � w
( ) - INFORMATION PER GRANT DEED RECORDED L %i/ .a ... U
OCTOBER 10, 2014 AS DOC. NO. 2014-0440471 �'�'� ����
AND RECORD OF SURVEY 11688. TPOB to �� ,�:��_♦= a
PARCEL
_4
:��rn� INDICATES BIOLOGICAL CONSERVATION 'B " 'Po \ �♦j♦��.�.�j��:::
♦♦♦♦•♦♦ EASEMENT
IN2.576 ACRESDESCRIBED IN MORE OR LIE"IT An \ vt
SS SI- �9 if T
���♦����j�j� ►►�
S.100 50 100• 0 cp'�O `AND SGS 'o, F �,��:����
SCALE IN FEET v Q 92 0 �� °�
RANCHO
1" = 10e0'cT T -' e.
lr►L 11 CHO COL ,U 1 1 iL Y
\,: L.S. 9042 * \ \\
ENGINEERING & SURVEYING \�F CAS--- \`
SINGLE SOURCE DEVELOPMENT CONSULTANT
t
310 S. TWIN OAKS VALLEY RD., #107-297 Z
SAN MARCOS, CA. 92078
(760) 510-3152 Ph / (760) 510-3153 Fax (N 3013'01' E 43.99')
EXHIBIT PAGE 20F4
WATER LINE EASEMENT GRANTED EASEMENT GRANTED TO
CITY OF POWAY PER DEED PACIFIC BELL PER DEED
RECORDED JUNE 19, 2001 AS RECORDED FEBRUARY 21, 1991
DOC. NO. 2001-0410333 AS DOC. NO. 1991-0077330 I
1
S 87'54'31_- 6_75
—— — (N 87'54'31" E 153.82') t
---,y'(_____
p1
1
ROAD AND UTILITY EASEMENT \- o �1 i
PER DEED RECORDED JUNE 25,
1982 AS DOC. NO. 82-196219 (p. I
on.
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♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 8 ' 70.* 11 '��♦♦♦♦♦♦♦♦♦♦♦♦��A♦�.. AS.♦_♦��♦�♦�♦♦�
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♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
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♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦, 2018'42" E 16.25' of ry �♦
co
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4 N 04'42'58" E 12.53' /♦
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦. o 'n ♦
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦{� o -CO o I♦
♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦♦♦ ♦♦♦♦♦♦♦♦♦♦1♦♦�♦♦♦♦♦♦♦♦♦A Z 3 '2 m i♦
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦.:♦♦♦♦♦♦♦♦♦♦A S. w 3 O In a �♦
♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦ lP _ In ♦
♦, ♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦A to -• o b ' ►♦
♦♦♦♦♦♦♦ - al
4,14 ino in a 3 v' n m •♦
• N ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦. N :14. N .♦
20 10 0 20 40 ♦♦♦♦ z a •"' a ►♦
♦�♦�♦�♦jN.�lir, z - 0 ii 11 .11 CD M �♦
SCALE IN FEET ♦♦♦♦O♦♦♦♦N. z
SCALE: 1" = 20' iiiiiij♦♦♦♦�
RANCHO COASTAL • ♦ ♦♦•� ♦ ♦ ♦♦ •
`, 1 I1.
.
♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦♦♦i♦i♦i♦i♦iti. I
'i♦i♦i♦i♦i♦i♦i♦iii♦i♦ii♦i♦i♦iii♦i•i
EXHIBIT "B" PAGE 3OF4
LINE TABLE LINE TABLE
LINE BEARING LENGTH LINE BEARING LENGTH
L1 N 4517'31" E 38.84' L30 S 53'27'31" W 35.97'
L2 S 3078'29" E 24.47' L31 S 46'59'23" W 24.24'
L3 S 87'13'39" E 74.79' L32 S 24'33'10" W 9.11'
L4 N 83'54'20" E 57.82' L33 S 05'49'42" W 26.10'
L5 S 70'46'29" E 33.81' L34 S 8313'11" E 20.01'
L6 N 88'19'31" E 38.49' L35 S 75'44'57" E 13.67'
L7 N 0110'43" W 38.67' L36 S 82'25'31" E 12.28'
L8 N 01'05'44" W 13.25' L37 S 85'29'26" E 20.52'
L9 N 02'08'23" E 4.94' L38 S 84'50'07" E 12.58'
L10 N 00'47'16" E 13.05' L39 S 01'05'50" E 7.93'
L11 N 04'01'42" W 28.69' L40 N 71'27'17" W 11.84'
L12 N 81'27'04" E 22.36' L41 N 8111'42" W 13.55'
L13 N 83'27'24" E 16.95' L42 N 82'23'25" W 6.76'
L14 N 82'22'57" E 17.06' L43 N 82'51'07" W 18.86'
L15 N 86'04'47" E 15.29' L44 N 8518'58" W 11.62'
L16 N 86'47'19" E 12.33' L45 N 85'21'35" W 10.46'
L17 N 87'57'04" E 15.82' L46 N 83'54'44" W 11.87'
L18 N 86'15'28" E 16.31' L47 N 87'21'12" W 5.03'
L19 N 83'30'37" E 18.16' L48 N 89'37'39" W 23.18'
L20 N 09'38'50" E 1.52' L49 S 86'36'10" W 7.82'
L21 N 87'54'31" E 34.88' L50 N 85'50'50" W 21.40'
L22 N 59'31'10" E 10.80' L51 S 88'44'44" W 4.30'
L23 N 84'51'53" E 16.09' L52 S 78'29'01" W 3.17'
L24 S 81'27'04" W 19.94' L53 N 64'49'50" W 3.46'
L25 S 04'01'42" E 32.21' L54 N 68'28'26" W 14.07'
L26 S 00'47'16" W 12.84' L55 N 39'53'49" W 5.59'
L27 S 02'08'23" W 4.20' L56 N 50'39'32" W 11.87'
L28 S 88'47'02" W 67.34' L57 N 44'40'54" W 12.14'
L29 S 01'05'58" E 20.92' L58 N 3028'29" W 13.61'
RANCHO COASTAL
ENGINEERING & SURVEYING
SINGLE SOURCE DEVELOPMENT CONSULTANT
310 S. TWIN OAKS VALLEY RD., #107-297
SAN MARCOS, CA. 92078
(760) 510-3152 Ph / (760) 510-3153 Fax
EXHIBIT "B" PAGE4OF4
CURVE TABLE
CURVE RADIUS DELTA LENGTH
Cl 78.00' 50'23'58" 68.61'
C2 100.00' 65'31'13" 114.35'
C3 100.02' 46'33'46" 81.28'
C4 100.00' 90'00'27" 157.09'
C5 100.00' 25'45'32" 44.96'
C6 100.00' 6711'13" 117.26'
C7 100.00' 27'30'03" 48.00'
C8 100.00' 12'04'05" 21.06'
C9 100.00' 89'53'01" 156.88'
C10 22.83' 48'22'05" 19.27'
C11 32.27 30'34'42" 17.22'
RADIAL TABLE
RADIAL BEARING
R1 S 24'51'16" W
R2 N 61'05'10" E
RANCHO COASTAL
ENGINEERING & SURVEYING
SINGLE SOURCE DEVELOPMENT CONSULTANT
310 S. TWIN OAKS VALLEY RD., #107-297
SAN MARCOS, CA. 92078
(760) 510-3152 Ph / (760) 510-3153 Fax