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Biological Conservation Easement Deed 2023-0054055"!J/'L/'L'J, 1 'L:"!Jtl t-'M RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074-0789 APN: 314-840-03 PROJECT NUMBER: MDRA20-012 Batch 1541 'L!J 1 u Contirmation DOC# 2023-0054055 111111111111 lllll lllll llll llllll 11111 lllll lllll lllll IIIII IIIII IIII IIII Mar 02, 2023 11 :58 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins : $0.00) PCOR: N/A PAGES: 13 Space Above Line for Recorder's Use Only BIOLOGICAL CONSERVATION EASEMENT DEED Documentary Transfer Tax is$ -0-pursuant to R & T Code 11922 (Conveyance to a Government Agency) THIS BIOLOGICAL CONSERVATION EASEMENT DEED (BCE) is made this J_ day of j)e.c.eMht;r 2021 by Jesus J. Ramirez, ("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 as Lot 3 of City of Powat Tract No 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 Recorder of San Diego County, December 5, 2000 . (the "Property"). B. The Property possesses wildlife and habitat values (collect ively , "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 Southern Mixed 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 C ity 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 Californ ia 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 hab itat necessary for biologically sustainable populations of those species. F. The United States Fish and Wild life 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 5.07 acres of land that contains 4.96 acres of Southern Mixed Chaparral and 0 .11 acres of disturbed habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area, more particularly described in Exhibit "A" and Exhibit "B" attached hereto. H. Granter 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 https://gs.secure-recording.com/Batch/Confirmation/1541291 O 1/2 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074-0789 APN: 314-840-03 PROJECT NUMBER: MDRA20-012 Space Above Line for Recorder's Use Only 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 )_ day of De.c.€.JVlh,r 2021 by Jesus J. Ramirez, ("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 as Lot 3 of City of Powat Tract No 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 Recorder of San Diego County, December 5, 2000 . (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 Southern Mixed 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 5.07 acres of land that contains 4.96 acres of Southern Mixed Chaparral and 0.11 acres of disturbed habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area, more particularly described in Exhibit "A" and Exhibit "B" attached hereto. 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 Biological Conservation Easement Deed Page 2 herein in exchange for Grantee permitting Grantor's removal of 1.89 acres of Southern Mixed Chaparral habitat and 0.11 acres of disturbed habitat. The existing and proposed habitat disturbance is consistent with the maximum 2-acre habitat disturbance allowance for each 10 residential lots established by the Mater Mitigation Agreement (MMA) recorded on the property at the San Diego County Recorder's Office on August 26, 2003, in connection with the Williams Ranch subdivision project (Tentative Tract Map 89-09). This BCE will preserve the remaining onsite habitat required by the MMA. Per the MMA, no additional offsite mitigation will be required because the developer preserved other habitat areas in the 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 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. Biological Conservation Easement Deed Page 3 (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 actua l damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, includ ing, 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 violat ion 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, Biological Conservation Easement Deed Page 4 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 addit ion 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 Granter, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necess itated by Grantor's violation or negligence under the terms of this BCE shall be fully recoverable from Grantor and borne soley by Granter. 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 Granter 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 Granter 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. Granter 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 Granter 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. Granter 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 Granter, 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. Granter 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. Granter shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively Biological Conservation Easement Deed Page 5 "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: To Grantee: With a copy to: Jesus J. Ramirez 8964 Somerset Avenue San Diego, CA 92123 City of Poway P.O. Box 789 Poway CA 9207 4 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 Biological Conservation Easement Deed Page 6 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. Granter 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. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Granter 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. U) Modification. This Easement is not subject to modification or amendment except in writing and signed by Granter, Grantee and CDFW or their permitted successors or assigns. (k) herein by reference. Exhibits. All Exhibits referred to in this Easement are attached and incorporated (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. Biological Conservation Easement Deed Page 7 (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: Jesus J. Ramirez, Property Owner Date: /2-9--202./ (Signature must be notarized) Approved as to Form: Office of the City Attorney 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 San Diego on December 7, 2021 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n~, _N_o_t_a~ry'---P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer personally appeared ______ J_e_s_u_s_J_. _R_a_m_ir_e_z ______________ _ 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. eeeeee e e YVONNE MANNION ~ Notary Public -California San Diego County ! Comm ission # 2363699 - y Comm . Expires Jul 1, 2025 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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: Biological Conservation Easement Deed MDRA20-012 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □Other: ____________ _ Signer Is Representing : _________ _ 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 : 1:i.l ·7 'I .Q o'.)::I (date of grant document) from Jesus J. Ramirez (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 C ity Council pursuant to authority conferred by Resolution No . 17-007 adopted on April 18 , 2017 . CITY OF POWAY Dated : of Development S EXHIBIT A BIOLOGICAL CONSERVATION EASEMENT APN 314-840-03-00 , ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PORTIONS OF LOT 3, OF THE CITY POWAY TRACT MAP 89-09, ACCORDING TO MAP THEREOF NO. 14091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 2000, DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3, MAP 14091; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 3, MAP 14091, SOUTH 31 °10'00" WEST, 70.49 FEET TO THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 60 -FEET OF SAID LOT 3, MAP 14091 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID SOUTHERLY LINE BEING THE SOUTHERLY LINE OF THAT CERTAIN 60-FOOT WIDE EASEMENT AND RIGHT OF WAY RECORDED JANUARY 26, 1973 AS FILE/PAGE 73-023639, OFFICIAL RECORDS OF SAN DIEGO COUNTY AND; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 3, MAP 14091, ALONG SAID SOUTHERLY LINE OF THE NORTHERLY 60-FEET OF SAID LOT 3, MAP 14091, SOUTH 89°30'22" EAST, 103.98 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 5°04'37" WEST, 23.30 FEET; THENCE SOUTH 40°04'37" WEST, 78.92 FEET TO THE AFOREMENTIONED WESTERLY LINE OF SAID LOT 3, MAP 14091; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, NORTH 31"10'00" WEST, 98.74 FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. CONTAINING ±4,897 SQUARE FEET, OR 0.11 ACRES, MORE OR LESS. PARCEL B COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3, MAP 14091; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 3, MAP 14091, SOUTH 31 °10'00" WEST, 70.49 FEET TO THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 60-FEET OF SAID LOT 3, MAP 14091, SAID SOUTHERLY LINE BEING THE SOUTHERLY LINE OF THAT CERTAIN 60-FOOT WIDE EASEMENT AND RIGHT OF WAY RECORDED JANUARY 26, 1973 AS FILE/PAGE 73-023639, OFFICIAL RECORDS OF SAN DIEGO COUNTY AND; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 3, MAP 14091, ALONG SAID SOUTHERLY LINE OF THE NORTHERLY 60-FEET OF SAID LOT 3, MAP 14091, SOUTH 89°30'22" EAST, 167.58 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89"30'22" EAST, 494.40 FEET TO THE EASTERLY LINE OF SAID LOT 3, MAP 14091; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE, SOUTH 2°24'00" WEST, 606.16 FEET TO BEGINNING OF A NON-TANGENT, 430.00-FOOT RADIUS CURVE, CONCAVE NORTHERLY, THE CENTER OF WHICH BEARS NORTH 8°35'18" WEST, SAID NON-TANGENT CURVE BEING THE NORTHERLY LINE OF LOT A, MAP 14091, ALSO KNOWN AS DEL PONIETE ROAD (40-FEET WIDE); THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT A, ALONG SAID NON-TANGENT 430.00-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 27°19'18" (RECORD=27"19'21"), AN ARC DISTANCE OF 205.05 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID LOT A, NORTHWESTERLY ALONG A TANGENT LINE TO SAID CURVE, NORTH 71 °16'00" WEST, 67.47 FEET TO THE BEGINNING OF A NON- TANGENT, 100-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF WHICH BEARS NORTH 44°50'57" WEST; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT A, MAP 14901, NORTHERLY ALONG SAID NON-TANGENT, 100-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 1 "04'15", AN ARC DISTANCE OF 1.87 FEET TO THE BEGINNING OF A NON-TANGENT, 100-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF WHICH BEARS NORTH 7°50'29" EAST; THENCE NORTHEASTERLY ALONG SAID 100-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 87"45'52", AN ARC DISTANCE OF 153.18 FEET; THENCE TANGENT TO SAID CURVE, NORTH 10°04'37" EAST, 42.67 FEET TO THE BEGINNING OFA TANGENT, 100-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID 100-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 90"00'00'', AN ARC DISTANCE OF 157.08 FEET; THENCE NORTH 79°55'23" WEST, 131.67 FEET TO THE BEGINNING OF A TANGENT, 100-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID 100-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 44°35'53", AN ARC DISTANCE OF 77.84 FEET TO THE BEGINNING OF A NON-TANGENT, 100- FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE CENTER OF WHICH BEARS SOUTH 24°07'35" EAST; THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT 100-FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 47"03'41" AN ARC DISTANCE OF 82.14 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH A PORTION OF THE WESTERLY LINE OF SAID LOT 3, MAP 14091, NORTH 0°20'00" EAST, 163.64; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH A PORTION OF SAID WESTERLY LINE OF SAID LOT 3, MAP 14091, NORTH 31°10'00" WEST, 113.87 FEET; THENCE NORTH 40°041 37" EAST, 107.96 FEET; THENCE NORTH 5°04'37" EAST, 37.91 FEET TO THE TRUE POINT OF BEGINNING AND END OF THIS DESCRIPTION. CONTAINING 216,255 SQUARE FEET, OR 4.96 ACRES, MORE OR LESS. 1 lo -t.Z -Z. l DATE EXHIBITB BIOLOGICAL CONSERVATION EASEMENT APN: 314-840-03-00 LINE DATA TABLE NO. BEARING/DELTA LENGTH L1 N31 ·1 o·oo"w 98.74' L2 N40'04'37"E 78.92' L3 N05'04'37"E 23.30' L4 N89'30'22"W 103.98' L5 N89"30'22"W 63.60' L6 N31 ·1 o·oo"w 70.49' L7 N05'04'37"E 37.91' L8 N40'04'37"E 107.96' L9 N31 ·1 o·oo"w 113 .87' L 10 Noo·2o·oo"E 163.64' L11 N79'55'23"W 131.67' L12 N10'04'37"E 42.67' L13 N71'16 '00"W 109.95' L14 N71'16'00"W 67.47' L15 N89'30'22"W 494.40' L16 N02 '24'00"E 606.16' L17 N02'24'00"E 60.03' CURVE DATA TABLE NO. C1 C2 C3 C4 C5 LEGEND T.P .O.B P.0 .C. NE COR ESMT R.O.W. DELTA RADIUS 6=47'03' 41" 100.00' li=44'35'53" 100.00· li=90'00'00" 100.00' li=87'45'52" 100.00· li=01·04•15" 100.00· TRUE POINT OF BEGINNING POINT OF COMMENCEMENT NORTHEAST CORNER EASEMENT PROPERTY LINE 100 RIGHT OF WAY 50 RADIAL LINE DATA TABLE NO. RADIAL BEARING LENGTH RAD1 RAD2 RAD3 RAD4 RADS RAD6 RAD7 RAD8 RAD9 RAD10 RAD11 RAD12 LENGTH 82.14' 77.841 157.08' 153.18' 1.87' 0 N71'11'16"W 100.00· N24'07'35"W 100.00' N34'31'16"W 100.00· N10'04' 37"E 100.00' N 10'04' 37"E 100.00· N79'55'23"W 100.00· N79'55'23"W 100.00' N07'50'29"E 100.00' N45"55'12"W 100.00' N44 '50' 5 7"W 100.00' N05 '18'1 f'W 320.00 ' N08'35'18"W 430.00' EXISTING EASEMENTS ® 4-FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT RECORDED: MARCH 29, 1960 DOCUMENT NO: 60-64036 O.R. ® 60-FOOT WIDE ROAD AND UTILITY EASEMENT RECORDED: JANUARY 26, 1973 DOCUMENT NO: 73-023639. O.R. @ 25-FOOT POWAY MUNIC IPAL WATER DISTRICT EASEMENT PURPOSE : A PIPELINE OR PIPELINES , TOGETHER WITH THEIR NECESSARY FIXTURES AND RECORDED : JUNE 24, 1974 DOCUMENT NO : 74-167515, O.R. 100 LOT LINE SCALE: 1"=100' BIOLOGICAL CONSERVATION EASEMENT PORTION OF LOT 3, CITY OF POWAY TRACT MAP 89-09 MAP NO. 14091 RLC JN: 19-366 SHEET 1 OF 2 RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA , 92065 (760)788-1530 CASEY lo-zz .. z I --LS 8380 DATE LOT 1 MAP 14091 LOT2 MAP 14091 w • 0 0 0 N b 0 z EXHIBIT 8 BIOLOGICAL CONSERVATION EASEMENT APN: 314-840-03-00 LOT3 MAP 14091 AREA=8.02 ACRES APN: 314-840-03-00 RAoa R!J.o RAD11 9 t!.=24·02' " 320.00' L -· 7J N i----N7 ~ D121.. 7. 15 'oo ~--,,:~. ~ - O,(\D (l.o -~ 100 50 0 100 BIOLOGICAL CONSERVATION EASEMENT SCALE: 1''=100' PORTION OF LOT 3, CITY OF POWAY TRACT MAP 89-09 (]]] PARCEL A AREA=±4,897 S.F. ±0.11 A.C. MAP NO. 14091 f7TJPARCEL s RLC JN: 19-366 SHEET 2 OF 2 ~AREA=±216,255 S.F. RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA, 92065 (760)788-1530 ±4.96 A.C.