Biological Conservation Easement Deed 2023-01262465/15/23, 11:35 AM
Batch 15730325 Confirmation
RECORDING REQUESTED BY:
lei 1-rLTs Zol"I EV1
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074-0789
APN: 321-271-52
PROJECT NUMBER: MDRA18-009
DOC# 2023-0126246
IIIIII IIIII IIIII IIIII IIII Iillll IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
May 15, 2023 10:47 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
PAGES: 14
Space Above Line for Recorder's Use Only
BIOLOGICAL CONSERVATION EASEMENT DEED
Documentary Transfer Taxis $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
THIS BIOLOGICAL CONSERVATION EASEMENT DEED (BCE) is made this Q5day of_,
by Elaine D and Raymond J Wagner, ("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 3 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 2.75 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/l5730325 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: 321-271-52 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, day of _-
by Elaine D and Raymond J Wagner, ("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 3 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 2.75 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
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
Biological Conservation Easement Deed
Page 5
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: Elaine D & Raymond J Wagner
14250 Crystal View Lane
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.
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 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.
Q) 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.
(m) Effective Date. This Easement shall be effective upon recording with the San Diego
County Recorder's Office.
Biological Conservation Easement Deed
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this BCE the day and year first above
written.
GRANTOR: Raymond Wagner and Elaine D
i.
By: —
Raymond J. Wagr!
Elaine D. Wagner,
r, Owner
ner
Date: � " 1-0 - ILI
_ Date: -S @ ^ -a----2->
(Signature must be notarized)
Approved as to Form:
Office of the City Attorney
By:
- (b/1-
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 20, 2023
before me, Yvonne Mannion, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Raymond J. Wagner and Elaine D. Wagner
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.
OM YVONNE MANNION
Notary Public • California
San Diego CountyCommission # 2363699
y 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
a
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
Document Date:
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
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
I -I nthPr-
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 the City of Poway conveyed by the Biological
Conservation Easement Deed as described in Item A dated: d J 7-6V (date of grant document) from
Elaine D and Raymond J Wagner (Grantor) to the City of Poway, ( rantee), 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: Iq Iz3
G1�`j OF POW�r
TyE' C T�1N,.THE�G'J��4�
CITY OF POWAY
By: �-
Robe�t J. Manis l
Director of Development Services
EXHIBIT `A'
BIOLOGICAL CONSERVATION EASEMENT
APN 321-271-52
ALL THAT PORTION OF PARCEL 3 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 ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID
PARCEL 3, LYING AT THE INTERSECTION OF THE FOLLOWING TWO LINES:
NORTH 10031'21" WEST AND NORTH 50031'21" WEST; THENCE ALONG THE
WESTERLY LINE OF SAID PARCEL 3, NORTH 10-31'21" WEST 268.15 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY
LINE, NORTH 10-31'21" WEST 19.90 FEET TO THE BEGINNING OF A NON -
TANGENT 4,960.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL
BEARS NORTH 01 °49' 01" WEST TO THE SOUTHERLY CURVE OF THE TRAIL
EASEMENT DEDICATED TO THE CITY OF POWAY ON SAID PARCEL MAP;
THENCE LEAVING SAID WESTERLY LINE, EASTERLY 11.41 FEET ALONG THE
ARC OF SAID SOUTHERLY CURVE THROUGH A CENTRAL ANGLE OF
00°07'54"; THENCE CONTINUING ALONG THE SOUTHERLY SIDELINE OF SAID
TRAIL EASEMENT, NORTH 88°18'53" EAST 74.69-FEET; THENCE LEAVING SAID
TRAIL EASEMENT, SOUTH 74°59'02"WEST 85.34 FEET TO THE POINT OF
BEGINNING.
CONTAINS 847.06 SQ.FT., MORE OR LESS
PARCEL B
COMMENCING AT THE ANGLE POINT IN THE WESTERLY BOUNDARY OF SAID
PARCEL 3, LYING AT THE INTERSECTION OF THE FOLLOWING TWO LINES:
NORTH 10031'21" WEST AND NORTH 50031'21" WEST; THENCE ALONG THE
WESTERLY LINE OF SAID PARCEL 3, SOUTH 50-31'21" EAST 77.41 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON -
TANGENT 113.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL
BEARS SOUTH 10023'57" EAST; THENCE LEAVING SAID WESTERLY LINE,
EASTERLY 29.83 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15007'24"; THENCE NORTH 64°28'39" EAST 171.16 FEET
TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 113.00 FEET,
CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY 54.24 FEET ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°30'00' ;
THENCE NORTH 36058'39" EAST 25.62 FEET TO THE BEGINNING OF A CURVE,
HAVING A RADIUS OF 100.00 FEET, CONCAVE WESTERLY, THENCE
NORTHERLY 82.90 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47°30'00"; THENCE NORTH 10°31'21" WEST 53.55 FEET;
THENCE NORTH 68"13'39" EAST 85.80 FEET; THENCE NORTH 61°43'39" EAST
56.40 FEET; THENCE NORTH 54013'39" EAST 19.89 FEET; THENCE NORTH
68°28'39" EAST 81.25 FEET; THENCE SOUTH 79'34' 11" EAST 16.33 FEET TO THE
BEGINNING OF A CURVE, HAVING A RADIUS OF 21.00 FEET, CONCAVE
NORTHERLY, THENCE EASTERLY 12.07 FEET ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 32055'59"; THENCE NORTH 67029'49"
EAST 38.12 FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF
50.00 FEET, CONCAVE SOUTHERLY, THENCE EASTERLY 27.25 FEET ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 13' 32" TO THE
BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 132.00 FEET,
CONCAVE SOUTHERLY, THENCE EASTERLY 21.90 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 09030' 17" TO THE BEGINNING
OF A COMPOUND CURVE, HAVING A RADIUS OF 67.00 FEET, CONCAVE
SOUTHWESTERLY, THENCE SOUTHEASTERLY 16.66 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 14015'00" TO A NON -TANGENT
LINE; THENCE ALONG SAID NON -TANGENT LINE, SOUTH 10°56'42" EAST 7.45
FEET TO THE NORTHERLY LINE OF A RECIPROCAL ACCESS EASEMENT
GRANTED OVER MILLARDS ROAD ON SAID PARCEL MAP; THENCE ALONG
SAID NORTHWESTERLY LINE THE FOLLOWING 4 COURSES: SOUTH 79°05' 14"
WEST 115.63 FEET; THENCE SOUTH 52°53' 10" WEST 105.90 FEET; THENCE
SOUTH 45006'00" WEST 430.03 FEET; THENCE SOUTH 42°51'48" WEST 41.32
FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID
NORTHERLY LINE, NORTH 50031'21" WEST 85.91 FEET ALONG SAID
WESTERLY LINE TO THE POINT OF BEGINNING.
CONTAINS 0.679 ACRES, MORE OR LESS
PARCEL C
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE
ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 3, NORTH 50031'21"
WEST 243.19 FEET TO THE SOUTHEASTERY LINE OF AN EASEMENT FOR
CONSERVATION PURPOSES GRANTED TO THE CITY OF POWAY ON JUNE 13,
2017 AS DOCUMENT No. 2017-0263158 OF OFFICIAL RECORDS; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND ALONG SAID SOUTHEASTERLY
LINE, NORTH 48010'55" EAST 187.36 FEET TO THE NORTHEAST CORNER OF
SAID CONSERVATION EASEMENT, SAID NORTHEAST CORNER ALSO LYING
ON A COMMON LINE OF CONSERVATION EASEMENTS GRANTED TO THE
CITY OF POWAY RECORDED ON NOVEMBER 16, 2015 AS DOCUMENT Nos.
2015-0593049 AND 2015-0593050 OF OFFICIAL RECORDS; THENCE ALONG SAID
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PARCELS 'A B & C'
A= APN 321 -271 -52
D L S M
PARCEL 68136-A FEE TITLE GRANT TO THE COUNTY OF SAN DIEGO
POR. SOUTH HALF OF NW',,4 RECORDED APRIL 24. 1973 AS FILE/PAGE No. 73-108328 O.R.
R.S. 1713-3
SEC 8 T14S R1W SBM A
SEE DETAIL
R.S. 472 BCE PARCEL 'A' �•
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BIOLOGICAL
CONSERVATION
EASEMENT
K
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PARCEL 'B'
/O
B.C.E. 0.679 Ac.
2
r DETAIL N.T.S. II
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PARCEL
/ B.C.E. 2.058 Ac. DD9
......................
- -••-•--
L21 -
N88°43'57"W 410.33' LOT 3
BASIS OF BEARINGS S'LY LINE PM 21430 MAP 14940
PAR 4 PM 9767
BASIS
BASIS OF BEARINGS:
IS THE SOUTHERLY LINE OF
PARCEL MAP No. 21430
i.e. N88°43'57"W
N01°49'01'WIRI \ C10
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PARCEL 'A' °)
B.C.E. 847.06 SO.FT.
L28
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DETAIL N.T.S.
BCE PARCEL 'A'
�Np,L LAND
NO. 7524
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PARCELS 'A B & C'
APN 321 -271 -52
BIOLOGICAL CONSERVATION EASEMENT DATA TABLE
BEARING LENGTH BEARING LENGTH RADIUS DELTA LENGTH
L1 S50°31'21"E 77.41' L14 S45'06'00"W 430.03' C1 113.00' 15°07'24" 29.83'
L2 N64°28'39"E 171.16' L15 542°51'48"W 41.32' C2 113.00' 27°30'00" 54.24'
L3 N36°58'39"E 25.62' L16 N50°31'21"W 85.91' C3 100.00' 47°30'00" 82.90'
L4 N10'31'21"W 53.55' L17 N50°31'21"W 243.19' C4 21.00' 32°55'59" 12.07'
L5 N68°13'39"E 85.80' L18 N48°10'55"E 187.36' C5 50.00' 31°13'32" 27.25'
L6 N61°43"39"E 56.40' L19 S86°10'50"E 280.47' C6 132.00' 09°30'17" 21.90'
L7 N54°13'39"E 19.89' L20 S03°50'39"W 266.19' C7 67.00' 14°15'00" 16.66'
L8 N68°28'39"E 81.25' L21 N88°43'57"W 213.98' C8 4970.00' 00°08'58" 12.96'
L9 S79°34'11"E 16.33' L22 N88°18'53"E 160.82' C9 1030.00' 17°51'38" 321.08'
L10 N67°29'49"E 38.12' L23 N70°27'15"E 463.66' CIO 4960.00' 00°07'54" 11.41'
L11 S10°56'42"E 7.45' L24 N71"23'35"E 82.80' RADIAL LINE
L12 S79°05'14"W 115.63' L25 N50o3l'21"W 616.18' R1 S10°23'57"E(R)
L13 S52°53'10"W 105.90' L26 N10°31'21"W 268.15' R2 N32°28'39"E(R)
L27 N10°31'21"W 19.90'
L28 N88°18'53"E 74.69'
L29 S74°59'02"W 85.34'
EASEMENT DATA
0 10' WIDE TRAIL EASEMENT DEDICATED TO THE CITY OF POWAY
ON PM 21430
O2 20' WIDE WATER EASEMENT DEDICATED TO THE CITY OF POWAY
ON PM 21430
O3 RECIPROCAL ACCESS EASEMENT GRANTED OVER MILLARDS RD AND
PARCEL 1. 2 & 3 ON PM 21430
DD5 EASEMENT FOR CONSERVATION PURPOSES GRANTED TO THE CITY OF POWAY
ON NOVEMBER 16. 2015 AS DOCUMENT No. 2015-0593049 OF OFFICIAL RECORDS
DD6 EASEMENT FOR CONSERVATION PURPOSES GRANTED TO THE CITY OF POWAY
ON NOVEMBER 16, 2015 AS DOCUMENT NO. 2015-0593050 OF OFFICIAL RECORDS
DD9 EASEMENT FOR STORM WATER FACILITIES MAINTENANCE ACCESS PURPOSES
GRANTED TO THE CITY OF POWAY ON DECEMBER 12. 2016 AS DOCUMENT No.
2016-0678632 OF OFFICIAL RECORDS. OVER ALL OF PARCEL 3 OF PARCEL MAP
No. 21430
DDIO EASEMENT FOR CONSERVATION PURPOSES GRANTED TO THE CITY OF POWAY
ON JUNE 13. 2017 AS DOCUMENT No. 2017-0263157 OF OFFICIAL RECORDS
DDH EASEMENT FOR CONSERVATION PURPOSES GRANTED TO THE CITY OF POWAY
ON JUNE 13. 2017 AS DOCUMENT No. 2017-0263158 OF OFFICIAL RECORDS
BIOLOGICAL CONSERVATION EASEMENT -
IN A PORTION OF PARCEL 3
PARCEL MAP No. 21430
DIMENSIONS LAND SURVEYING & MAPPING
782 SUNNY HILLS COURT RAMONA. CA 92065
PH 760 525-1975 +Iepage@cox.net
ONNL LAND
`CK R sGIL
NO. 7524
4�OF C
DATE: 02/24/23
SCALE: 1" = 200'1
BY: FRL
EET 2 OF 2
COMMON LINE, SOUTH 86°10'50" EAST 280.47 FEET TO THE NORTHWEST
CORNER OF A CONSERVATION EASEMENT GRANTED TO THE CITY OF
POWAY ON JUNE 13, 2017 AS DOC. No. 2017-0263157 OF OFFICIAL RECORDS;
THENCE LEAVING SAID COMMON LINE AND ALONG THE WESTERLY LINE OF
SAID CONSERVATION EASEMENT, SOUTH 03050'39" WEST 266.19 FEET TO
SOUTHERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID WESTERLY
LINE AND ALONG SAID SOUTHERLY LINE, NORTH 88°43'57" WEST 213.98 FEET
TO THE POINT OF BEGINNING.
CONTAINS 2.058 ACRES, MORE OR LESS
THE BASIS OF BEARINGS IS THE SOUTHERLY LINE OF PARCEL MAP No. 21430
i.e. NORTH 88°43'57" WEST
9 a'm7 101: •
Frederick R. LePage, PLS 7524
NO. 7524
OF CAS