Grant of Biological Conservation Easement 1995-0582246
RECORDING REQUESTED B~:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CI'l'Y CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
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~JC " 1995-0582246
21-DEC-1995 12=12 PM
OFFICIAL RECORDS
SAM DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: 0, 00
NA
(This space for Recorder's use)
APN: 321-110-24
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GRANT OF BIOLOGICAL CONSERVATION EASEMENT
WHEREAS,
1. Edward G. Draper and Karen D. Draper, husband and wife, as joint
tenants warrant that we are the owners of the land in the City of Poway,
State of California, described in Exhibit "A", which land is or may be
subject to real estate taxes, assessments, conditions, and easements all
as the same may be of record, and
2. It is the requirement of the City of Poway, a political subdivision
of the State of California (hereinafter referred to as "City"), that a
portion of said land, described in Exhibit "B" ("The Subject Land")
become a BIOLOGICAL CONSERVATION EASEMENT in order for Grantor to obtain
a building permit.
NOW THEREFORE,
1. The Grantor grants to the City, the State of California Department of
Fish and Game, and the United States Fish and Wildlife Service,
A. An easement for biological conservation purposes over the Subject
Land, and no building, structure, interior fencing, or other thing
whatsoever shall be constructed, erected, placed, or maintained on
the Subject Land except as exists.
2. The Grantor covenants and agrees for himself and his successors and
assigns as follows:
A. That he shall not erect, construct, place, or maintain, or permit
the erection, construction, placement, or maintenance of any
building or structure or other thing whatsoever on the Subject
Land.
B. That he shall not use the Subject Land for any purpose except
biological conservation purposes.
C. That he shall not excavate or grade or permit any excavating or
grading to be done, or place or allow to be placed any sand, soil,
"-----.---.-- -.,..,.--.--------
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rock, gravel, or other material whatsoever on the Subject Land.
No grazing, cultivation, clearing or removal of vegetation for any
purpose shall be permitted (with the exception that hand brush
clearing shall be required as directed by the Poway Fire
Department) .
D. That the terms, covenants, and conditions set forth herein may be
specifically enforced or enjoined by proceedings in the Superior
Court of the State of California.
The grant of this easement and its acceptance by the city of poway shall
not authorize the public or any members thereof to use or enter upon all
or anr portion of the Subject Land, it being understood that the purpose
of th1s easement is solely to restrict the uses to which the Subject Land
may be put. The grant of this easement is subject to recision should
local, state, or federal regulations change so as not to necessitate this
easement.
This easement shall bind the Grantor and his successors and assigns.
Dated this fly(. day of d.~6cy, 1995. -..;t!2J.:.:..!.2.J~~_________
Edwar;v G. Dr~e;r ,
--~~~_(~~__i~~~_________
Karen D. Draper
(notary form attached)
CITY CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the
deed or grant deed dated 1)'e >i_k.ll, 1995 from Edward G. Draper and Karen
D. Draper to the City of Poway, 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. 34 adopted on January 20, 1981 and Grantee consents to
the recordation thereof by its duly authorized officer.
Dated
I J. - I tj - C, ;;;
By )n -~ k -,j\}~L
M~9r1e K. Wahlsten
City Clerk
8'i2
State of CALIFORNIA RIGHT THUMBPRINT COptional1
County of SAN DIEGO
.
x
.
.
12/11/95 ,
On before me,K. L. CRENSHAW, NOTARY PUBL C x
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"
IDATEI INAMEfTlTLE OF OFFICER-Leo"JANE DOE, NOTARY PUBlIC"1 0
g
personally appeared EDWARD G. DRAPER and
(NAMEISI OF SlGNERISII
KAREN D. DRAPER CAPACITY CLAIMED BY SIGNERIS)
iXlNDIVIDUAllSI
DCORPORA TE
JaI personally known to me -OR- 0 ~~Ys9d v?')"a~:f:~Dr~C OFFICERISI
(TITUS!
DPARTNERfS) DUMITED
eviElenGe to be the OGENERAl
person(s) whose name(s) DATTOANEY IN FACT
i&lare subscribed to the OTRUSTEEISI
within instrument and OGUARDIANtCONSERV A TOR
acknowledged to me that DOTHER:
!:Ie/silo/they executed the
same in his/her/their
authorized capacity(ies), SIONER IS REPRESENTING:
and that bX his/iler/their IName of Penonls' or Entity(iesl
signature(s on the self
instrumentthe person(s),
or the entity upon behalf
of which the person(s)
r::: KA1!MI.L =IAW I ~cted, executed the RIGHT THUMBPRINT (Optional)
_ @ .. '. '"","moot,
~ 'H~~itness my hand and official seal. !
x
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~
~?1~7!ffi~/v ~
~
(SEAL) .
~
(SIGNATURE OF NOT ARYl
CAPACITY ClAIMED BY SIONERIS)
OINDIVIDUAllSJ
OCORPOAATE
ATTENTION NOTARY
OFFICERISI
The information requested below and in the column to the right is OPTIONAL cnTUSI
Recording of this document is not required by law and is also optional.
It could. however, prevent fraudulent attachment of this certificate to any DPARTNER(S, OUMITED
unauthorized document. OGENERAl
OA TTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document GRANT OF BIOLOGICAL CONSERVA~~SMEN
MUST BE ATTACHED 5 12/11/95 OGUARDIAN/CONSERV A TOR
TO THE DOCUMENT Number of Pages Date of Document OOTHER:
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above none
SIGNER IS REPRESENTING:
(Name of Peraon(a' or Entity!ies,
WOLCOnS FORM 83240 Rsv. 3-94 (price c::1_ 8.2AI /C1984 WOlCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONfTWO FINGERPRINTS
7 11~~~~ll"lllj~I!~
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EXHIBIT "A"
APN 321-110-24
The Northeast Quarter of the Southeast Quarter; EXCEPTING the South 10 acres
thereof, and the Southeast Quarter of the Northeast Quarter of Section 4,
Township 14 South, Range 1 west. San Bernardino Meridian, in the City of Poway,
County of San Diego, State of California, according to Official Plat thereof.
EXCEPTING that portion lying Northerly of a line described as follows:
Commencing at the Southeast corner of Lot 1 of said Section 4: thence South
1011'19" East along the Easterly line of said Section 4, a distance of 80.00 feet
to the Northeast corner of land described in deed to Lillie w. Byers and Edith
W. Bradshaw, recorded June 14, 1954 in Book 5269, Page 170 of Official Records,
being the TRUE POINT OF BEGINNING; thence North 88023'30" West along the
Northerly line of said land. 473.74 feet to the center line of the Poway or Mt.
"oodson Road (County Road 0-9-11), as said road existed and was 10cated on
April 10, 1945, being also the Northeast corner of land described in deed to
Lillie W. Byers and Edith W. Bradshaw. recorded June 14, 1954 in Book 5269, Page
172 of Official Records: thence continuing North 88023'30" West along the
Northerly line of said land, 2138.31 feet to the Westerly line of said Southwest
Quarter of the Northeast Quarter, distant thereon 40.00 feet Southerly from the
Southwest corner of Lot 2 in said Section 4.
8'74
EXHIBIT "B"
LEGAL DESCRIPTION
BIOLOGICAL CONSERVATION EASEMENT
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 4; THENCE
SOUTH 010 13' 50" EAST ALONG THE EASTERLY LINE OF SAID SECTION 4, A
DISTANCE OF 80.00 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
DEED TO LILLIE W. BYERS AND EDITH W. BRADSHAW, RECORDED JUNE 14, 1954
IN BOOK 5269, PAGE 170 OF OFFICIAL RECORDS; THENCE CONTINUING SOUTH 010
13'50" EAST ALONG THE EASTERLY LINE OF SAID LAND 1,260.00 FEET; THENCE
LEAVING SAID EASTERLY LINE SOUTH 88" 46' 10" WEST 10.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 88" 46'10" WEST 660.00
FEET; THENCE NORTH 5a<> 49' 39" EAST 761. 66 FEET TO A POINT ON A LINE
WHICH IS 10.00 FEET FROM AND PARALLEL TO SAID EASTERLY LINE OF SAID
LAND; THENCE SOUTH 010 13' 50" EAST ALONG SAID PARALLEL LINE 380.16 FEET
TO THE TRUE POINT OF BEGINNING.
CONSISTING OF 2.88 ACRES
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