Biological Conservation Easement Deed 2023-01267485/15/23, 1:59 PM
Batch 15731377 Confirmation
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074-0789
APN: 321-271-50
PROJECT NUMBER: MDRA18-009
DOC# 2023-0126748
1111111111111111111111111111111111111111111111111111111111111111111111
May 15, 2023 01:21 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
PAGES: 15
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 -�L day of MO -re" 2v Z 3 ,
•— , by Ahmad and Martha Sabieh, ("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 described as parcel 1 of parcel
map 21430, in the City of Poway, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County on December 23, 2016 and amended by Certificate of Correction filed in the in
the Office of the San Diego County Recorder of San Diego County on April 28, 2017 as Doc No. 2017-0191850
of Official Records (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 supports Diegan Coastal Sage Scrub, Southern Mixed Chaparral, and Coast
Live Oak Woodland. which are 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 6.32 acres of land that contains a mix of
disturbed and undisturbed coastal sage scrub, southern mixed chaparral, and coast live oak woodland 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.
https:Hgs.secure-recording.com/Batch/Confirmation/l5731377 1/2
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074-0789
APN: 321-271-50 Space Above Line for Recorder's Use Only
PROJECT NUMBER: MDRA18-009
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 G1 day of mf+TC0 Zu 2 3 ,
, by Ahmad and Martha Sabieh, ("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 described as parcel 1 of parcel
map 21430, in the City of Poway, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County on December 23, 2016 and amended by Certificate of Correction filed in the in
the Office of the San Diego County Recorder of San Diego County on April 28, 2017 as Doc No. 2017-0191850
of Official Records (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 supports Diegan Coastal Sage Scrub, Southern Mixed Chaparral, and Coast
Live Oak Woodland. which are 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 6.32 acres of land that contains a mix of
disturbed and undisturbed coastal sage scrub, southern mixed chaparral, and coast live oak woodland 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.
Biological Conservation Easement Deed
Page 2
H. Grantor intends to convey to Grantee the right to preserve and protect the conservation values
of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions contained
herein in exchange for Grantee permitting Grantor's removal of 0.53 acres of undisturbed Coastal Sage Scrub,
7.736 acres of disturbed Coastal Sage Scrub and 0.08 acres of Southern Mixed Chaparral, habitat on parcels
APN 321-271-50, 321-271-51, and 321-271-52.
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.
(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;
Biological Conservation Easement Deed
Page 3
(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.
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.
Biological Conservation Easement Deed
Page 4
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
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
Biological Conservation Easement Deed
Page 5
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: Ahmad and Martha Sabieh
14952 Conchos Drive
Poway, CA 92064
To Grantee: City of Poway
P.O. Box 789
Poway CA 92064
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.
Biological Conservation Easement Deed
Page 6
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.
(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.
0) 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.
(1) 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: Ahmad, and Martha Sabieh
By: CL Date:
m d S bieh, Owner
B Y: Date: ���q1�.3
Martha Sab eh, Owner
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
By:
Alan Fenstermacher, City Attorney
M:\planning\Forms\Easements\Biological Conservation Easement Deed (BCE).docx
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 March 9, 2023
Date
personally appeared
before me, Yvonne Mannion, Notary Public
Here Insert Name and Title of the Officer
Ahmad Sabieh and Martha Sabieh
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.
90my
YVONNE MANNION
Notary Public - CaliSan Diego CountyCommission ' 2363699
Comm. Expires Jul 1, 2025
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Biological Conservation Easement Deed MDRA18-009
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthPr_
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 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 he ity of P way conveyed by the Biological
Conservation Easement Deed as described in Item A dated: 61 G2 (date of grant document) from
Ahmad and Martha Sabieh (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.
Dated: 7 Z�
Get i OF POIy 91
Q�
yF C/Tr, IN,.THE G
CITY OF POWAY
B:
Y
ob rt J. Manis '
Director of Development Services
EXHIBIT `A'
BIOLOGICAL CONSERVATION EASEMENT
APN 321-271-50
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP 21430, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER
23, 2016 AND AMENDED BY CERTIFICATE OF CORRECTION FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 28,
2017 AS DOC. No. 2017-0191850 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
PARCEL A
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 88°43'57" WEST
822.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE. NORTH 88°43'57" WEST 249.03 FEET TO AN
INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE 10.00 FOOT WIDE
EASEMENT FOR TRAIL PURPOSES DEDICATED TO THE CITY OF POWAY ON
SAID PARCEL MAP; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
TRAIL EASEMENT THE FOLLOWING SIX COURSES: NORTH 48°49'08" EAST
126.66 FEET; THENCE NORTH 41°34'57" EAST 71.16 FEET; THENCE NORTH
53040'38" EAST 441.95 FEET TO THE BEGINNING OF A 960.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY 467.43 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27053'52' ;
THENCE NORTH 81034'30" EAST 27.06 FEET TO THE BEGINNING OF A 4960.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY 59.86 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00041'29"
TO THE EAST LINE OF SAID PARCEL 1; THENCE ALONG SAID EAST LINE,
SOUTH 05031'21" EAST 87.94 FEET TO THE BEGINNING OF A NON -TANGENT
56.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARS
NORTH 06032'21" WEST; THENCE SOUTHWESTERLY 85.32 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87017'24" TO THE
BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY, A RADIAL BEARS NORTH 21°13'58" EAST; THENCE WESTERLY
46.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 26°45' 19"; THENCE SOUTH 84°28'39" WEST 11.60 FEET; THENCE SOUTH
51 ° 19' 07" WEST 10.28 FEET TO THE BEGINNING OF A NON -TANGENT 100.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL BEARS NORTH
03054'06" EAST; THENCE WESTERLY 46.99 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 26055'27"; THENCE SOUTH 660 58'39"
WEST 29.00 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY 34.54 FEET ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19047' 19" TO A
NON -TANGENT LINE; THENCE ALONG SAID NON -TANGENT LINE, SOUTH
62023'34" WEST 23.15 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY 26.18 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°5951
THENCE SOUTH 37023'43" WEST 36.80 FEET; THENCE SOUTH 30°10'32" WEST
21.44 FEET; THENCE SOUTH 23027'13" WEST 41.34 FEET; THENCE SOUTH
66032'47" EAST 14.89 FEET; THENCE SOUTH 17°36'00" WEST 29.87 FEET;
THENCE NORTH 73004'20" WEST 235.38 FEET; THENCE SOUTH 39058'56" WEST
85.46 FEET; THENCE SOUTH 32°31'53" WEST 80.83 FEET; THENCE SOUTH
37030'43" WEST 173.85 FEET; THENCE NORTH 7800121" WEST 26.86 FEET;
THENCE SOUTH 13028'39" WEST 63.36 FEET TO THE POINT OF BEGINNING.
CONTAINS 3.317 ACRES. MORE OR LESS
PARCEL B
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL l; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 88043'57" WEST
95.86 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE, NORTH 88043'57" WEST 386.27 FEET, THENCE
LEAVING SAID SOUTHERLY LINE, NORTH 7800121" WEST 262.02 FEET;
THENCE NORTH 37030'43" EAST 156.48 FEET; THENCE NORTH 32031'53" EAST
79.96 FEET; THENCE NORTH 39058'56" EAST 89.01 FEET; THENCE SOUTH
73004'20" EAST 197.56 FEET; THENCE SOUTH 02031'21" EAST 23.48 FEET;
THENCE SOUTH 18001'21" EAST 47.07 FEET; THENCE SOUTH 50°31'21" EAST
48.51 FEET; THENCE SOUTH 66°56'06" EAST 13.87 FEET; THENCE NORTH
89028'39" EAST 17.70 FEET TO THE BEGINNING OF A NON -TANGENT 100.00
FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL BEARS SOUTH
51°34'07" WEST; THENCE EASTERLY 123.55 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 70047'09" TO THE BEGINNING OF A
NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A
RADIAL BEARS SOUTH 12022'45" EAST; THENCE EASTERLY 14.04 FEET ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08002'36" TO THE
BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY, A RADIAL BEARS SOUTH 04°38'23" EAST; THENCE EASTERLY
23.38 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 13023'47" TO THE BEGINNING OF A NON -TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY, A RADIAL BEARS SOUTH 05047' 18" WEST;
THENCE EASTERLY 37.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 21032'53" TO AN INTERSECTION WITH A NON -TANGENT
LINE, SAID LINE BEING THE WESTERLY LINE OF THE 20.00 FOOT WIDE
EXCLUSIVE EASEMENT FOR WATERLINE PURPOSES DEDICATED TO THE
CITY OF POWAY ON SAID PARCEL MAP; THENCE ALONG THE WESTERLY
LINE OF SAID WATERLINE EASEMENT THE FOLLOWING TWO COURSES:
THENCE SOUTH 40028'39" WEST 80.65 FEET; THENCE SOUTH 28001'21" EAST
89.49 FEET TO THE POINT OF BEGINNING.
CONTAINS 2.717 ACRES, MORE OR LESS
PARCEL C
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 88°43'57" WEST
72.93 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE 20.00
FOOT WIDE EXCLUSIVE EASEMENT FOR WATERLINE PURPOSES DEDICATED
TO THE CITY OF POWAY ON SAID PARCEL MAP No. 21430; THENCE LEAVING
SAID SOUTHERLY LINE, ALONG THE EASTERLY LINE OF SAID WATERLINE
EASEMENT THE FOLLOWING TWO COURSES: THENCE NORTH 28°01'21" WEST
87.09 FEET; THENCE NORTH 40°28'39" EAST 105.35 FEET; THE LEAVING SAID
EASTERLY LINE, NORTH 66°58'39" EAST 17.85 FEET TO THE BEGINNING OFA
100.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE
EASTERLY 13.92 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 07058'38" TO THE EAST LINE OF SAID PARCEL 1; THENCE
ALONG SAID EAST LINE, SOUTH 05°31'21" EAST 172.72 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 1, BEING THE POINT OF BEGINNING.
CONTAINS 0.289 ACRES, MORE OR LESS
THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL MAP No. 21430
i.e. NORTH 88°4357" WEST
g��_ice `` �•x, ? �n.d ` '--3
Frederick R. LePage, PLS 7524
`yp l- LA
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NO.7524
OF
A
BIOLOGICAL
D L S M
POR. SOUTH HALF OF NWI/4
SEC 8 T14S R1W SBM
EXHIBIT 'B'
CONSERVATION EASEMENT PARCELS 'A B C'
APN 321 -271 -50
PARCEL 68136-A FEE TITLE GRANT TO THE COUNTY OF SAN DIEGO
RECORDED APRIL 24. 1973 AS FILE/PAGE No. 73-108328 O.R.
R.S. 1713-3 A
BIOLOGICAL
PARCEL 'A'
� o
- �,�, o
j�O k. gyp. �••
R.S. 472
CONSERVATION EASEMENT
3.317 ACRES
,.••
L6C .TO• o Ro
.r
• G1.
\ c 33 P%jj'
Ni
•1S
BPS Q i'• �.� �, PARCEL 1 I 1
PM 21430
i /•.��. �J B.C.E.
•�,'� `;' PARCEL 'B'
i
6
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72 �4i I PM 21430 Q/ .%� J� Jc�O,�`L
1 q o I-U
SEE DETAIL
ON SHEET 3
B.C.E. Q�a pQ QP O
PARCEL 'C' F
L2-�
LOT 6 / ..LOT 5 L L1
/ MAP 10990
// GQ
LOT 1
P.O.B. SOUTHERLY LINE OF PM 21430 / PARCEL 'A' B.C.E.
BASIS OF BEARINGS /j / SE CORNER I
PARCEL 'A' BIOLOGICAL CONSERVATION EASEMENT PAR 1
(B.C.E.) / PARCEL 1 PM 21430
��BIOLOGICAL CONSERVATION EASEMENT DATA TABLE / PM 13660
BEARING LENGTH RADIUS DELTA LENGTH
L1 N88°43'57"W 822.93' Cl 960.00' 27°53'52" 467.43' PAR 4 PM 9767
L2 N88°43'57"W 249.03' C2 4960.00' 00°41'29" 59.86'
L3 N48°49'08"E 126.66' C3 56.00' 87°17'24" 85.32' BASIS OF BEARINGS:
L4 N41°34'57"E 71.16' C4 100.00' 26°45'19" 46.70'
L5 N53°40'38"E 441.95' C5 100.00' 26°55'27" 46.99IS THE SOUTHERLY LINE OF
L6 N81°34'30"E 27.06' C6 100.00' 19°47'19" 34.54' PARCEL MAP No. 21430
L7 S05°31'21"E 87.94' C7 60.00' 24°59'51" 26.18' i.e. N88°43'57"W
L8 S84°28'39"W 11.60'
L9 S51°19'07"W 10.28' EASEMENT DATA
L10 S66°58'39"W 29.00' 0 10' WIDE TRAIL EASEMENT DEDICATED TO THE CITY OF POWAY
L11 S62°23'34"W 23.15' ON PM 21430
L12 S37°23'43"W 36.80'
L13 S30°10'32"W 21.44' 0 20' WIDE WATER EASEMENT DEDICATED TO THE CITY OF POWAY
L14 S23°27'13"W 41.34' ON PM 21430
L15 S66°32'47"E 14.89' 3O RECIPROCAL ACCESS EASEMENT GRANTED OVER MILLARDS RD AND
L16 S17°36'00"W 29.87' PARCEL 1. 2 & 3 ON PM 21430
L1N73°04'20"W 25.EASEMENT FOR STORMWATER FACILITIES MAINTENANCE ACCESS PURPOSES
9 S39°58'56"W 5.46
L18 8
46' GRANTED TO THE CITY OF POWAY ON DECEMBER 12, 2016 AS DOCUMENT No.
L20 S37°30'43"W 173.85
LS32°31'53"W 83' 2016-0678632 OF O.R. LYING OVER ALL OF PARCEL 2 OF PARCEL MAP
' No. 21430
L21 N78°01'21"W 26.86'
L22 S13° 28' 39 "W 63. 36' ���NAC, R N� SG
BIOLOGICAL CONSERVATION
EASEMENTS-
4
�
DATE: 02/24/23
IN A PORTION OF
PARCEL 1
a
�
SCALE: 1" = 300'
PARCEL MAP No. 21430
*
*
DIMENSIONS LAND
SURVEYING & MAPPING
NO.7524
BY: FRL
782 SUNNY HILLS
COURT RAMONA. CA 92065
�T4TFOF
PH 760 525-1975
flepage@cox.net
CAI-%F
SHEET I OF 3
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PARCELS 'A B C'
AE= APN 321 -271 -50
OL S M PARCEL 68136-A FEE TITLE GRANT TO THE COUNTY OF SAN DIEGO
RECORDED APRIL 24. 1973 AS FILE/PAGE No. 73-108328 O.R.
POR. SOUTH HALF OF NW1/4 R.S. 1713-3
R.S. 472
SEC 8 T14S R1W SBM / O POw j �•
0
1r0 of ,�, ��1 - � _: • _ — — � � � oRo Ro -
',� °'GJ�Q �0�1�0 � �••��G� GAS 3 RpVGNO 0�
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Moo_ ON SHEET 3 �• -/p PO � �
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PARCEL , B' v C8 ��'� B. C. E • 0AO• Q Q O�'Q'OF�' 1
�O�O QPR v 2.717 AC. L35 t PARCEL C 3 O Q .
. g l2g �< 0.289 AC.
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L24
L23 _.._.._.._..-...�1 ...�._.._.._.._.
LOT 5 L — — — - � •••-J
LOT 6 SOUTHERLY LINE OF PM 21430 P . 0 . C . PARCEL-'B'. -
ARCEL—'B'..B. C. E.
BASIS OF BEARINGS /
MAP
LOT 1 /// P . 0. B. PARCEL ' C' B.C.E.
�j
P . 0. B. PARCEL 10990 SE CORNER B" / PARCEL 1 PM 21430
BIOLOGICAL CONSERVATION it l PAR 1 I
EASEMENT ( B.C.E. ) PM 13660
BIOLOGICAL CONSERVATION EASEMENT DATA TABLE PAR 4 PM 9767 I
BEARING LENGTH RADIUS DELTA LENGTH I
L23 N88'43'57"W 95.86' C8 100.00' 70°47'09" 123.55'
L24 N88°43'57"W 386.27 C9 100.00' 08°02'36" 14.04'
L25 N78°01'21"W 262.02' C10 100.00, 13°23'47" 23.38'
L26 N37°30'43"E 156.48' C11 100.00' 21°32'53" 37.61'
L27 N32°31'53"E 79.96' C12 100.00' 07°58'38" 13.92'
L28 N39°58'56"E 89.01'
L29 S73°04'20"E 197.56' EASEMENT DATA
L3S02°31'21"E .8' O 10' WIDE TRAIL EASEMENT DEDICATED TO THE CITY OF POWAY
L31 S18°01'21"E 4747.07ON PM 21430
L32 S50° 31 ' 21 "'E 48. 51 '
L33 S66°56'06"E 13.87' 0 20' WIDE WATER EASEMENT DEDICATED TO THE CITY OF POWAY
L34 N89°28'39"E 17.70' ON PM 21430
L35 S40°28'39"W 80.65' 3O RECIPROCAL ACCESS EASEMENT GRANTED OVER MILLARDS RD AND
L36 S28°01'21"E 89.49' PARCEL 1, 2 8. 3 ON PM 21430
L3N88°43'57"W 72.93' EASEMENT FOR STORMWATER FACILITIES MAINTENANCE ACCESS PURPOSES
L38 N28°01'21"W 87.09' GRANTED TO THE CITY OF POWAY ON DECEMBER 12. 2016 AS DOCUMENT No.
L39 N40°28'39"E 105.35' 2016-0678632 OF O.R. LYING OVER ALL OF PARCEL 2 OF PARCEL MAP
L40 N66°58'39"E 17.85'
L41 S05 No. 21430°31'21"E 172 72'
OVAL LAND
�CK R, SG�
BIOLOGICAL
CONSERVATION
EASEMENTS-
o �� �'y i
.
• DATE02/24/23
IN A PORTION
OF
PARCEL 1
PARCEL MAP
No.
21430
/ /L�
SCALE: 1" = 300'
*
DIMENSIONS
LAND
SURVEYING 8. MAPPING
NO.7524
BY: FRL
92065
COUepage@cox.
sT4TF
P82760N525-1
975
net
OF CA\-\F�Qa`PSHEET
2 OF 3
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BIOLOGICAL CONSERVATION EASEMENT PARCELS 'A B C'
APN 321 -271 -50
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B.C.E. <9 c IR A�CNp 06
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/ LOT
BIOLOGICAL CONSERVATION EASEMENTS -
IN A PORTION OF PARCEL 1
PARCEL MAP No. 21430
DIMENSIONS LAND SURVEYING & MAPPING
782 SUNNY HILLS COURT RAMONA, CA 92065
PH 760 525-1975 flepage@cox.net
B.C.E. r
PARCEL 'C'
0.289 AC.
Ir
-- L37
L23
P.O.C. P ARCEL 'B' B.C.E.
P- O- 6-PARCEL 'C' B.C.E.
1 �ONL LgNo MAP 10990
�CK R. SG
DATE: 02/24/23
m o�
SCALE: 1" = 80'
*
N0.7524 _ BY: FRL
CAL\cv I SHEET 3 OF 3