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Biological Conservation Easement Deed 2020-0788287RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074-0789 DOC# 2020-0788287 1111111111111111111111111111111111111 11111111111111 Dec 09, 2020 09:34 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 16 APN: 314-840-01-00 Space Above Line for Recorder's Use Only PROJECT NUMBER: MORA 19-004 BIOLOGICAL CONSERVATION EASEMENT DEED 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 LSI- day of n1 oN./e rY\ bef an-�u , by Nathanson Family Trust Dated 06-27-13, ("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 "6" 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 Southern Mixed Chaparral, Diegan Coastal Sage Scrub, and Southern Willow Scrub which are identified as 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 2.3088 acres of land that contains Southern Mixed Chaparral, Diegan Coastal Sage Scrub, and Southern Willow Scrub habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area. 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 1.76 acres of Southern Mixed Chaparral 2c�— 0 `" Biological Conservation Easement Deed Page 2 habitat. This is a mitigation measure for such removal of 1.76 acres of Southern Mixed Chaparral habitat. The Property was previously permitted to remove 0.24 acres of Chamise Chaparral, which was approved as part of Administrative Clearing Permit (ACP) 16-008. 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. 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) Unseasonabie 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; Biological Conservation Easement Deed Page 3 (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; Poway. (h) Planting of trees or other vegetation except by written permission from the City of 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. 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 Biological Conservation Easement Deed Page 4 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 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 Biological Conservation Easement Deed Page 5 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 Civii 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: Nathanson Family Trust Dated 06-27-13 14364 Elk Grove Lane San Diego, CA 92131 To Grantee: City of Poway P.O. Box 789 Poway CA 92074 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. Biological Conservation Easement Deed Page 6 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 nota 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. (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. Biological Conservation Easement Deed Page 7 written. IN WITNESS THEREOF, Grantor and Grantee have entered into this BCE the day and year first above GRANTOR: Nathanson Fa 'Trust 06-27-13 By: Dmitriythanson Its: TLritstee Approved as to Form: Office of the City Attorney By: Date: // — Z" — 'Lep, (Signature must be notarized) Alan Fenstermacher, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 vas.. On l�od A6} 4020 before me, Sisa.K. Notary Public, Here Insert Name and Title of the Officer Date personally appeared M;'l j aal.t,Losa.esikikArt I,v au 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. Jf11111111111111111111111111111111full. 140 a 2 SITTISAK SVANGVITAYA COMM. #2321352 z NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNTY e My Commission Expires 02/13/2024 L. 11111111111111111lI1I11111111111111111' Place Notary Seal Above WITNESS my hand and official seal. 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General El Individual El Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): El Partner — El Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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: (®J ( 2 , .2-c' from Nathanson Family Trust Dated 06-27-13 (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: 12 3 By: Ro. rt J. Manis Director of Development Se es EXHIBIT 'A' BIOLOGICAL CONSERVATION EASEMENT APN 314-840-01 ALL THAT PORTION OF LOT 1 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 14091, FILED IN THE OFFICE OF THE COUNTY OF RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000, DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF A 60.00 FOOT WIDE EASEMENT AND RIGHT-OF-WAY PER DEED RECORDED ON JANUARY 26,1973 AS FILE/PAGE No. 73-023639 OF OFFICIAL RECORDS AND THE NORTHWESTERLY LINE OF A 20.00 FOOT WIDE WATER EASEMENT DEDICATED TO THE CITY OF POWAY IN LOT 1 PER SAID MAP No. 14091; THENCE LEAVING SAID 60.00 FOOT WIDE EASEMENT AND THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 31°46'00" WEST 184.09 FEET TO AN INTERSECTION WITH A 66.00 FOOT RADIUS NON -TANGENT CURVE COMMON TO LOT 1 AND LOT A PER SAID MAP No. 14091, CONCAVE SOUTHERLY, TO WHICH A RADIAL BEARS NORTH 06°27'02" EAST; THENCE LEAVING SAID WATER EASEMENT SIDELINE AND THENCE WESTERLY 67.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°15'30" TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF 20.00 FOOT WIDE PRIVATE DRAINAGE EASEMENT PER SAID MAP No. 14091; THENCE LEAVING SAID COMMON CURVE AND THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 69°26'40" WEST 53.11 FEET TO THE NORTHERLY CORNER OF SAID PRIVATE DRAINAGE EASEMENT; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PRIVATE DRAINAGE EASEMENT, SOUTH 20°33'20" WEST 20.00 FEET TO AN INTERSECTION WITH THE COMMON LOT LINE OF LOT 1 AND LOT 10 PER SAID MAP No. 14091; THENCE ALONG SAID COMMON LOT LINE THE FOLLOWING FOUR COURSES; THENCE NORTH 69°26'40" WEST 147.28 FEET TO AN IN I'ERSECTION WITH THE SOUTHEASTERLY CORNER OF THE OPEN SPACE EASEMENT GRANTED TO THE CITY OF POWAY PER SAID MAP No. 14091; THENCE NORTH 69°26'40" WEST 126.02 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, RAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY 159.04 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°22'30"; THENCE SOUTH 80°10'50" WEST 7.36 FEE'(' TO AN INTERSECTION WITH THE EASTERLY LINE OF THE ABOVE SAID 60.00 FOOT WIDE EASEMENT; THENCE LEAVING SAID COMMON LOT LINE AND THENCE ALONG THE SAID 60.00 FOOT WIDE EASEMENT THE FOLLOWING THREE COURSES; NORTH 01°03'15" WEST 77.44 FEET; THENCE SOUTH 89°30'22" EAST 418.35 FEET TO THE NORTHEASTERLY CORNER OF THE ABOVE SAID OPEN SPACE EASEMENT; THENCE SOUTH 89°30'22" EAST 215.70 FEET TO THE POINT OF BEGINNING. CONTAINS 1.7112 ACRES MORE OR LESS PARCEL B BEGINNING AT A POINT ON THE COMMON LOT LINE OF LOT 1 AND LOT 2 PER SAID MAP No. 14091, LYING NORTH 84°32'25" EAST 147.43 FEET FROM THE WESTERLY -CORNER COMMON TO SAID LOTS 1 AND 2; THENCE ALONG SAID COMMON LOT LINE, SOUTH 84°32'25" WEST 147.43 FEET TO AN IN 1`ERSECTION WITH A 66.00 FOOT RADIUS NON -TANGENT CURVE COMMON TO LOT 1 AND LOT A PER SAID MAP No. 14091, CONCAVE NORTHWESTERLY, TO WHICH A RADIAL BEARS SOUTH 29°07'48" EAST; SAID INTERSECTION ALSO BEING THE WESTERLY CORNER COMMON TO SAID LOTS 1 AND 2; THENCE LEAVING SAID COMMON LOT LINE AND THENCE NORTHEASTERLY 47.95 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°37'17"; THENCE LEAVING SAID CURVE, NORTH 87°55'30" EAST 87.40 FEET TO AN INTERSECTION WITH A 100.00 FOOT RADIUS NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, TO WHICH A RADIAL BEARS SOUTH 51°40'07" WEST; THENCE SOUTHEASTERLY 38.73 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°11'16" TO THE POINT OF BEGINNING. CONTAINS 0.0775 ACRES MORE OR LESS PARCEL C BEGINNING AT THE CORNER COMMON TO LOTS 1, 2 AND 3 OF SAID MAP No. 14091, THENCE ALONG COMMON LOT LINE OF LOT 1 AND LOT 2 PER SAID MAP No. 14091, SOUTH 84°32'25" WEST 108.11 FEET (NORTH 84°32'25" EAST PER MAP No. 14091) TO AN INTERSECTION WITH A 100.00 FOOT RADIUS NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL BEARS NORTH 51°16'34" EAST, SAID CURVE BEING THE NORTHEASTERLY CURVE OF A VEGETATION MANAGEMENT -EASEMENT GRANTED TO DAVID W. BROOKS RECORDED ON JANUARY 24, 2017 AS DOC. No. 2017-0036662, IN THE OFFICE OF THE COUNTY OF RECORDER OF SAN DIEGO COUNTY; THENCE NORTHWESTERLY 72.77 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°41'28" TO AN INTERSECTION WITH A 100.00 FOOT RADIUS NON -TANGENT CURVE, CONCAVE WES 1'hRLY, TO WHICH A RADIAL BEARS SOUTH 76°54'16" EAST; THENCE NORTHERLY 8.36 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°47'32" TO AN INTERSECTION WITH A 100.00 FOOT RADIUS NON -TANGENT CURVE, CONCAVE WES 1'ERLY, TO WHICH A RADIAL BEARS SOUTH 68°19'27" EAST; THENCE NORTHERLY 37.73 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°37'03"; THENCE NORTH 00°03'30" EAST 41.67 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET; THENCE NORTHERLY 46.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°53'30" TO AN INTERSECTION WITH A 100.00 FOOT RADIUS NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL BEARS NORTH 82°44'40" EAST; THENCE NORTHWESTERLY 79.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°39'47" TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A 60.00 FOOT WIDE EASEMENT AND RIGHT-OF-WAY PER DEED RECORDED ON JANUARY 26, 1973 AS FILE/PAGE No. 73-023639 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°30'22" EAST 74.38 FEET TO AN INTERSECTION WITH THE COMMON LOT LINE OF LOT 1 AND LOT 3 PER SAID MAP No. 14091; THENCE ALONG SAID COMMON LOT LINE, SOUTH 31°10'00" EAST 262.05 FEET TO THE POINT OF BEGINNING CONTAINS 0.5201 ACRES MORE OR LESS PREPARED BY: Frederick R. 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N.`� a \ Z ° \ CO Co W \ D a N \ 0) 0 \ ..... U.1N \ 01N LO \ 01 a corno to -• rn co ZN0 • 1 CI LO 1 `^wI 16,, • 1 EXHIBIT #BI BIOLOGICAL CONSERVATION EASEMENT APN 314-840-01 N89°30'22"W 1000.91' +� cf S89°30'22"E 74.38' LOT 1 MAP 14091 R8.37. C1 C2 C3 C4 C5 RADIUS 100.00' 100.00' 100.00' 100.00' 100.00' DELTA LENGTH 41°41'28" 72.77' 04°47'32" 8.36' 21°37'03" 37.73' 26°53'30" 46.94' 45°39'47" 79.70' RADIAL BEARING R1 N51°16'34"E R6 R2 N09°35'07"E R7 R3 576°54'16"E R8 R4 581°41'47"E R9 R5 568°19'27"E _R6 N00°03'30"E 41.67' R6 584°32'25"W 108. N84°32'25"E 552.53' BASIS OF BEARINGS LOT 2 MAP 14091 BIOLOGICAL CONSERVATION EASEMENT PARCEL C 0.5201 ACRE 1 589°56'30"E N63°10'00"E N82°44'40"E N37°04'53"E P.Q.B. PARCEL C BCE BIOLOGICAL CONSERVATION EASEMENTS - PORTION OF LOT 1 - CITY OF POWAY TRACT MAP 89-09 MAP No. 14091 DATE: 11/03/2020 SCALE: 1"=50' DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 fiepageecox.net 8Y: FRL SHEET 3 OF 4 EXHIBIT 'B' BIOLOGICAL CONSERVATION EASEMENT APN 314-840-01 EXISTING EASEMENTS ALL EXISTING EASEMENTS OF RECORD ARE TO REMAIN IN EFFECT. EASEMENTS ARE BLANKET IN NATURE AND ARE NOT PLOTTED UNLESS INDICATED BY EASEMENTS OF RECORD ARE: 104' WIDE SDG&E EASEMENT PER DEED RECORDED 3/29/1960 AS F/P 64036 O.R. 060' EASEMENT AND RIGHT OF WAY PER DEED RECORDED 1/26/1973 AS F/P 73-023639 O.R. 03 25' EASEMENT TO POWAY MUNICIPAL WATER DISTRICT PER GRANT OF RIGHT OF WAY RECORDED 6/24/1974 AS F/P 74-167515 O.R. 04 60' PROPOSED PRIVATE ROAD EASEMENT PER PM 8082 AND CERT. OF CORR. RECORDED 11/07/1979 AS F/P 79-470263 O.R. @20' WATER EASEMENT DEDICATED TO THE CITY OF POWAY PER MAP No. 14091 ©OPEN SPACE EASEMENT DEDICATED TO THE CITY OF POWAY PER MAP No. 14091 020' PROPOSED PRIVATE DRAINAGE EASEMENT PER MAP No. 14091 08 VEGETATION MANAGEMENT EASEMENT PER DOC. No. 2017-0036662 O.R. RECORDED 1/24/2017 9 TELECOMMUNICATION FACILITIES EASEMENT PER DOC. No. 2003-1496376 O.R. RECORDED 12/22/2003 BIOLOGICAL CONSERVATION EASEMENTS - PORTION OF LOT 1 - CITY OF POWAY TRACT MAP 89-09 MAP No. 14091 DATE: 11/03/2020 SCALE: 1"=50' DIMENSIONS LAND SURVEYING & MAPPING 782 SUNNY HILLS CT. RAMONA. CA 92065 PH 760 525-1975 flepoge@cox.net BY: FRL SHEET 4 OF 4