Conservation Easement Deed 2006-0237991
. I . flr o. # 2006-0237991
RECORDING REQUESTED BY 1 cf ~ 11111111111111111111111111111111 11111111111111111111111111111111111111
CITY OF POWAY O~t--\ APR 06,2006 12:28 PM
WHEN RECORDED MAIL TO' ..Ii(' UFFICloLFIECOR[,'"
\'1 ':".::.J~ [IIECiO courH', RECCiF:[IER":. uF~II_E
CITY CLERK \ld. OFH,0FI', ,I "I"lllH CUUII [, FIEC! IF:['EF:
87'11 ~P\- FEE'" """
CITY OF POWAY' Oc. -ii~
POBOX 789 F'o.GE', 10
APN 27:-~:~1:'~: 9207 4-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
PROJECTS MDRA 05-64 2006-0237991
TTM 04~02 .
MDRA 04-95
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
, ~~
THIS CONSER VA nON EASEMENT DEED is made this '},C\ day of March 2006, by CFF Properties
("Grantors"), in favor of City of Poway ("Grantee"), acting by and through its Development Services
Department, with reference to the following facts.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property in the City of Poway, County
of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B" attached hereto
and incorporated by this reference (the "Property").
B The Property possesses wildlife and hab',tat .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 Ceanothus Chaparral, Coast Live Oak Woodland, Engelmann Oak
Woodland, and is located within the City of Poway Subarea of the MSCP and Biological Core Linkage Area
between the Blue Sky, Mount Woodson and Rock Haven Cornerstones.
D The City of Poway is aulhorized 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 Game (CDFG), has
jurisdiction, pursuant to the Fish and Game 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, witdlife 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 Section 661-666c and other applicable laws.
G This Conservation Easement provides protection for Approximately 9 7 acres of land that
contains Ceanothus Chaparral, Coast Live Oak Woodland, and Engelmann Oak Woodland, located within
the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area.
H. Grantor intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's removal of 1 9 acres of Ceanothus Chaparral,
o 1 acres of Disturbed Chaparral and 0.1 acres of Disturbed Habitat in association with MDRA 05-64 As a
C<o-O-\ I
, , · . 8712
mitigation measure for such removal, 2.0 acres of Ceanothus Chaparral D.fl-site shall be set aside. The
Grantor, for monetary consideration from Gregg Brandalise and Ted Neher'(Sky Mountain Trails, Inc.), also
conveys 6 acre credits to Grantee for'the',off-site mitigation for the removal 'of 5.9 acres of Diegan Coastal
Sage Scrub or similar. quality habitat fo'r TTM 04-02. (APN: 323-090-59& 67), Sky Mountain Trails, located at
the southern terminus of Welton Lane, and 1 74 acre credits for the off-site mitigation for MORA 04-95
(APN: 322-041-18) from Jeffrey Schweichler for the removal of 1 07acres of Diegan Coastal Sage Scrub
located at the southeast corner of Iron Mountain Drive and Hwy 67 The combined total mitigation easement
acreage for all three projects is 9 74 acres, gross. The preservation of Chaparral, Coast Live Oak Woodland,
and Engelmann Oak Woodland enhances the preservation effort to be equal or greater than Chaparral
and/or Coastal Sage Scrub alone.
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 covenanls, terms, conditions, and restrictions
contained herein, and pursuant to Caliiornia law, including Civil Code Section 815, et seq, Grantor hereby
. ---
voluntarily deeds and conveys to Grantee 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 Conservation Easement 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 wilh the conservation values of the Property Grantor intends that this Conservation
Easement will confine the use of the Property to such activities, including without limitation, those involving
the preservation and enhancement of native species and their habilat in a manner consistent with Ihe habitat
conservation purposes of this Conservation Easement.
2. Riqhts of Grantee. To accomplish the purposes of Ihis Conservation Easement, Grantor
hereby grants and conveys the following rights to Grantee and the State of California Department of Fish and
Game as a third party beneficiary of this easement by this Conservation Easement Deed:
(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 Conservation Easement, including Grantor's
obligation to manage the property consistent with Grantor's duties as set forth in section 4, and for scientific
research and interpretive purposes by Grantee or its designees; and CDFG and its designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the purposes of
this Conservation Easement 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 Conservation
Easement;
(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(d) 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 Conservation Easement and not specifically reserved as a right of Grantor is
prohibited. Without limiting the generality of the foregoing, the following uses by Granlor, Grantor's agents,
and third parties, are expressly prohibited unless specifically provided for through the Poway Subarea
Habitat Conservation Plan/NCCP
. . 8713
(a) Unseasonable w!ltering, 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 Conservation Easement;
(b) Use of off-road vehicles; except vehicles used for property mainlenance 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, 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 Conservation Easement. Grantor further covenants that maintenance of the Property, to wit: clean
up of all trash and debris, shall be the Grantor's responsibility
5. Reserved Riqhts. 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 Conservation Easement.
6 Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this
Conservation Easement or that a violation is threatened, Grantee shail,give written notice to Grantor of such
violation and demand in writing corrective action sufficient to cure the' violation. Grantee shall also notify the
California Department of Fish and Game. If Grantor fails to cure Ihe 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 Conservation Easement, to recover any damages to which Grantee
may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex
parte as necessary, by temporary or permanent injunclion 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 condilion 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 lhis 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 Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation
of the terms of this Conservation Easement 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 lhe terms of Ihis Conservation Easement in each case, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
. . 8714
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 limiledto, 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 Conservation Easement, notwithstanding Civil Code Section
8157, the California Attorney General of'third-parly entitles organized for conservation purposes have
standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor
The California Department of Fish and Game (CDFG) 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 CDFG, in enforcing the
terms of this Conservation Easement against Grantor, including, but not limited 10, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this Conservation Easement shall be borne by Grantor
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by
Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG to exercise its rights ,under this'Conservation Easement by Gra'ritor 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
Conservation Easement or of any of the Grantee's rights under this Conservation Easement. No delay or
omission by Grantee or CDFG 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 Acls Bevond Grantor's Control. Nothing contained in this Conservation Easement
by Grantee shall be at the discretion of Grantee and CDFG to bring any action against Grantor for any injury
to 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,
64 Department of Fish and Game Riqht of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
6.5 Fence Inslallation and Maintenance. Grantor shall install and maintain a fence
between the approved development area of the parcel and the Conservation Easement Deed 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 Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance with the terms and conditions as set forth herein.
8. Access. This Conservation Easement 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 CDFG or to the respective
designees of Grantee and CDFG
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 aulhority
(collectively "taxes"), including any laxes imposed upon, or incurred as a result of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request.
. . 8715
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG and its members, directors; officers, employees, agents, contractors, and their heirs, and
representatives, successors and assigns'(coliectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, eXlJenses, 9auses of action, claims, dem~nds, or judgments, including
without limitation, reasonable attorneys' fees; arising from or in any ",ay 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 Conservation Easement.
9.3 Condemnation. The purposes of the Conservation Easement 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 Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguishedwithouHhe prior written approval of CDFG Grantee may assign its rights and obligations under
this Conservation Easement 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 Conservation
Easement 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 or the CDFG 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 Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section
shall not impair the validity of this Conservation Easement 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 CDFG
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' CFF Properties
1306 Main Street
Ramona CA 92065
To Grantee. City of Poway
POBox 789
Poway CA 92074
With a copy to' Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
The p<,!rties agree to accept facsimile signed documents and agree to rely upon such
documents' as if they bore original signatures. Each party agrees t~ proVide to the other parties, within
seventy-two (72) hours,after transmission of a facsimile, documents that bear the original signatures.
. . 8716
13. Amendment. This Conservation Easement may be amended by Grantor and Grantee only
by mutual written agreement approved in writing by CDFG Any such amendment shall be consistent with
Ihe purposes of this Conservation Easement 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 CDFG through the mailing of a confirmed
copy of the recorded easement.
15. General Provisions.
(a) Controllinq Law The interpretation and performance of this Conservation Easement
shall be governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Easement. 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 Conservation Easement that would render the provision valid shall be favored over any inlerpretation
that would render it invalid.
(c) Severabilitv If a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed. If a court of compe1ent jurisdiction voids or invalidates the application of any
provision of this Conservation Easement Deed to a person or circumstance, such action shall'not affect the
application of the provision to other persons or circumstances.
(d) Entire Aqreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement, 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.
(I) Successors. The covenants, terms, conditions, and restrictions of this Conservation
Easement Deed 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 CDFG.
(g) Termination of Riqhts and Obliqations. A party's rights and obligations under this
Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation
Easement 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 iis construction or
interpretation.
(i) Counterparts. The parties may execute this instrument in two or more counterpar1s,
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.
U) Modification. This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns.
. . 8717
(k) Exhibits All Exhibits referred to in this Easement are attached and incorporated
herein by reference.
(I) Appropriations. The (:juty of the City of Poway and CDFG to carry out their
respective obligations under.this Easement'shall be subject to the availability of appropriate funds.
(m) Effeclive 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 Conservation Easement the
day and year firsl above written
GRANTOR:
By
Approved as to Form.
Office of the City Attorney
Lisa Foster, Interim City Attorney
By' ~4~
Lisa Foster, Interim City Attorney
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by CFF
Properties, dated M~rc:h ?q, ?OOfi to the City of Poway, Grantee, and to the California
Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government
Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant
to authority conferred by Resolution No. 34 of the City of poway on January 20, 1981
GRANTEE. City~
By 0) ,~
Title: L Diane Shea. Citv Clerk
Authorized Representative
Date. March 29. 2006
M:\planning\jl\Faaborg CED.doc
· · 8718
CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT
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State of California .
County Of, fiJJ\ ~D (\ '.
On 1.; .101: 0 If ,before rne, '(ll~ \\,c:.,
Date
personally appeared VY\LQ.-
_ 0 personally known to me
l@ ~.~:-.F ~ved to me on the basis of satisfactory evidence
Nalalrl'Ul:llll;oi; f to be the perso1J.(ilrwhose name~~subscribed
_ _ _ ~~~.~=.2007f ~e;~~;;~~ny in:~~,u' c~~~~ a~~eac:~~~le~g=edi to me that
- - - -
, authorized capacity~ and that by his t~
signature{..ron the instrument the persori@or the
entity upon behalf of which the person~cted,
executed the instrument.
'Place Notary Seal A?Ove
OPTIONAL
Though the information belowis,not,required by law, it may prove va~uabJe to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docume'C9r\hoYW('.\..b ~ H1~.fYIQ,tt\-. Oe- .J
Title or Type of Document: ('\f'\ LJJ
Document Date: . ~ q. 0 (fJ 0)
Signer{s) Other Than Named Above: :s I1L fA-
Capacity{ies) Claimed by Signer{s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer - Title{s): D Corporate Officer - Title(s):
o Partner - 0 Limited 0 General A1GHTTHUMBPRINT 0 Partner - 0 Limited 0 General
. ~~~ER. .
o Attorney In Fact Top' ofthumh her€ 0 Attorney In Fact I h h
Top c t umb ere
D Trustee D Trustee
o Guardian or Conservator 0 Guardian or Conservator
D Other' D Other'
Signer Is Representing: Signer Is Representing:
J'V~~"g(,~~~~~~"G(..~"Q<..~~~~~"'QV~~~~~
@2004 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 lIem No. 5907 Reorder: Call Toll-Free '-800-876-6827
. .
8719
LEGAL DESCRIPTION
THE EASTERLY 970 ACRES OF THAT PORTION OF THE SOUTHWEST
QUARTER OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
BEING DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 34; THENCE ALONG THE NORTHERLY LINE
OF SAID SOUTHWEST QUARTER, NORTH 89023'53" EAST, 1262.31 FEET
TO THE NORTHEAST CORNER OF PARCEL MAP NO 4828, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17,
1976 AS FILE NO 76488186 OF OFFICIAL RECORDS, BEING THE TRUE
POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY LINE AND
ALONG THE BOUNDARY OF SAID PARCEL MAP NO 4828, SOUTH 19082
FEET, THENCE SOUTH 21024'24" WEST, 14412 FEET, THENCE SOUTH
44046'10" WEST, 352.66 FEET, THENCE SOUTH 17'30'35" WEST 158.28
FEET AND SOUTH 31010'31" EAST, 95.22 FEET, THENCE LEAVING SAID
BOUNDARY, EASTERLY IN A STRAIGHT LINE TO A POINT ON THE
EASTERLY LINE OF SAID SOUTHWEST QUARTER, DISTANT THEREON
77000 FEET SOUTHERLY FROM THE NORTHEAST CORNER THEREOF,
THENCE ALONG SAID EASTERLY LINE, NORTHERLY 770 00 FEET TO SAID
NORTHEAST CORNER, THENCE ALONG THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER, SOUTH 89023'53" WEST TO THE TRUE POINT OF
BEGINNING
THE WESTERLY LINE OF SAID EASTERLY 970 ACRES SHALL BE
PARALLEL WITH SAID EASTERLY LINE OF SAID SOUTHWEST QUARTER.
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EXHIBIT A
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