Conservation Easement Deed 2006-0221965
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,
~ RECORDING REQUESTED BY:
I", CITY OF POWAY MAR 30, 2006 2:27 PM
WHEN REC()RDED MAIL To:16 2 7 8 OFFlI'l~L RECOF:[":,
~r ",.".1'1 ['IEGO COUNTY RECOF:['ER", OFFICE
l_ir:EI_10F:'1 .1 '::MITH Ci~II.INT', RECDF;DER
'~f\ CITY CLERK FEE'" oi~.~ 2006-0221965
CITY OF POWAY DC
POBOX 789 P.:.:..bE :' 12
POWAY CA 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
APNs 275"461"04 Project Numbers: GPA 05,04
275-470-01 ZOA 05,05
275-470c06 CUP 92-02(M)
275-470-10 MCUP 05-05
275-470-26 TPM 05-04
VAR 05-13
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this 21st day of December, 2005, by Palomar
Pomerado Health ("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 habitat values (collectively, "conservation values") of
.~., great irnportance to the Grantee, the people of the City of Poway, the people of the State of California, and
, the people of the United States.
C The Property provides high quality Coastal Sage Scrub, Southern Mixed Chaparral, and
"Chamise Chaparral. Coastal sage scrub is the habitat of the California Gnatcatcher, which is listed as a
"threatened species on the Federal Endangered Species list.
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 Civic 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, 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 section 661-666c and other applicable laws
G This Conservation Easement provides protection for a minimum of 5.9 acres of land,
including a minimum of 5.4 acres of Coastal Sage Scrub, located within the City of Poway's Subarea
Habitat Conservation Plan/NCCPFocused 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
] f)(Q .- b?B
· · 1627'9 ,.
Canservatian Easement Deed
Page 2
contained herein in' exchange for Grantee pemnitting Grantor's rem'oval ,61:2'.7 acres of Coastal Sage Scrub,
0.2 acres o(South~rn Mixed Chaparral"and:0.3 acres,ofChamise Ch'aparral.
l. Gr,antj:le 'agrees by accepting this grant to honor the intentions af Grantor stated herein and
to pres,erve1gnd to protect in perpetuity the conserVation values of the property in accordance with the lerms
of this Conservaiion.Easement.fo'r the benefit'ofthis generation and'the,ge'nerations to come.
I COVENANTS, TERMS. CONDITIONS AND RESTRICTIONS.
Inconsideration of the abovecrecitals and the mutoal.covenants, terms, conditions, and reslrictions
contained herein, and pursuant to California law, including Civil ,Code Section 815, et seq., Grantor hereby
voluntarily deeds and co~v,?ys to Grantee conservation easement in perpetuity aver the Property 01 the
nature and character andto,the extent hereinafter set forth ("Easement").
1 . Purpose The purpose of this Conservation Easement is to ensure the Property will be
preser'Jed'in a, natural condition inperpetuiiy and to prevent any use 6f tile, Property that will'ni~terii3l1yimpair
or interfe,re withthe,conserva.tion' values of the Property Grantor intends that this Conservation Easement
will confine the use of the Prqpeity to such activities, including without, limitation, those involving the
preservation and enhancement of':ni3Jive sRecies and their habitat in 'a manner consistent'with the habitat
conservation-purposes of this Conservation'Easement.
2. Riqhts of ' Gran fee: To accomplish, the purposes oHhis Conservation Easement, Grantor
hereby grants an'd conveysth:e.follo,!,i~g rights to Grantee and'the:Stateof,Califorhia.Departnientof,Fish and
Game as a third party benefiCiary ofthis;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. ente,! upon, the property at reasonable :times in order to monitor Grantor's
compliance with: and to otherwise enforce the terms of, this Conservation Easeniifnt,inCludingGrantor's
oblig~tion to manage the properiy,:consi~ent'with Grantor's duties'as set forth in s'edion 4,a'nd for'scientific
research and interpretive purposes by'Grantee or its designee's; and CDFG and its designees
(c) To prevent. any, activity on or use of the, Property that is inconsistent with the
<_ _... _. "'. .', "'-f ' '.
purposes, of this Conservation Easement and to require Ihe restoration 'of such areas or features of the
Property that may be damaged 'by any. act, failure to act, or any use thalls inconsistent with the purposes of
this'Conservation Easement;
'. (d) . All mineral, air and water rights necessary to protect and sustain thebiolbgical
resources' of the Property; and'
(d) To enforce by' means including, injunctive relief, the terms and conditions 01 the
Easement.
3" Prohibited Uses. Any activity on or use cif .the Property inconsistent with the habitat
conser:a\io~, pU,[pose~ of tfiis 'Conservation Easement and, riot specificallYJeserved as a righi.of Grantor is
Prohibited 'yvJlhou,llimitingthegenerality, of'the Joregoing','thefcillowing'uses by Grantor, Grantor's agents,
ard third: par:t!e,s, ,areexpres,sly prohibited' unless speCifically provided for' through the Pbway Subarea
Habitat Conservation,Plan/NCCP
. . -.' -
(a) Unseasonable watering, use of herbiCides,rodenticides: or weed abatement
activities, iJ1~ompa.tible,fir,? protection activities an'dany and all other uses which may adversely affect the
purposes' of this:Conservation Easement;
. (b) Us_e oJ off"road, vehiCles; except vehiCles ,used for property' maintenance required by
the City of Po way, and then only over'existing roads.
. . 16280
Conservation Ease.ment Deed
Page 3
(c) Grazing or. surface e'ritr:9Jor exploration 6r,extractionot.minerals;
(d) Erection of any building, billboard, sign;
(e) Excavating, dredging or removing of loam, giavel, soil, rock, sand or other material;
(f) Otherwise altering the general topography of ,1M Property, including building of
roads or changing the grade ofthe Property;
(g) Removing, destroying, or cutting of trees, stirubs; or other vegetation, except as
required 'by law for (1) fiiebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment ol'disease.
(h) Planting of trees'or ottier vegetation except'bfwritten 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 01' the
Property In addition, Grantor shall underta~e 'all necessary. aCtions to protect Giantee's rights, under Section
2 of this Conservation Ease;mentGrantor further'covenants that maintenance of'the Property, to wit clean
up ol'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/ights 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 Propertythat,are consistent with the, purposes of
ttiis Conservation Easement
6. . Grantee!s Remedies If G[antee determines that Grantor is in violation of the teims of this
Conservation Easement or'thata, violation is threatened, Grantee shall give written notice to Grantor of such
...,' ,.,.-.
violation and demand in writing corrective 'actionsufficient to cure the violation. Grantee shall also notify the
California Department of Fish and Game, If Grantor fails to cure the violation within thirty (30) days after
receiptof said written notice and demand from (i'rantee, or ihhecure reasonably requires more than thirty
(30) 'days to complete and Grantorfa;r;; to begin the'cure within.the,thlrty (30) day period or fails to continue
diligently to complete the cure~ Gra,nt".e may bring an action at law or in equity in a court of competent
jurisdiction to. enforce the terms of this',C.pnservation Easement, to recover'any damages to which Grantee
may'beentitled for violation by Grantor of theterrns ofthisConservation Easement, to enjbinth'e violation, ex
parte as necessary, by temporary'or permanent injunction wi[houttbenecessity of proving either actual
damages or the inadequasy 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'i,l'existed prior to any such'violation or
injury Without limiting Grantor's liability therefore"Granlee may apply any damages recovered to ttiecost of
undertaking any corrective action on the 'Property
If Grantee, in its sole discretion, determines ,that-circumstances require immediate action to
prevent O[ mitigat;'si9'lificantjdamage' to the conservation. values ollhe Property! Grantee may pursue its
remedi.es'under'thi!,; par<igraph 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
terT)1sol'this Conservation Easement Graritorand Grantee ag'ree thaLGiantee's remedies for any violation
of the terms of this'Conservation Easement is the injunctive relief described in this section, both prohibitive
and [I1andatory, in addition to such other relief .to which, Grantee may. be entitled, including specific
performance of the terms 01" this Conservation Easement in eacti case, without the necessity of proving
either actual dam<iges or the inadequacy of otherwise available, legal remedies. Grantee's remedies
described in this secti.on shall be cumul~tive and shall be in addition,tQoall iemedies 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.
. .
16281
Conservation .Easement Deed
Page 4
If at any time in the;,future' Grantor or any subseg~el1t"t[an"sferee uses or threatens to use
such lands for 'pu(poses inconsiste'fit with "this Conservation Easement, noiwithstanding Civil Code Section
815.7, the California Attorney General or ,third'party entitles organized. for conservation purposes have
standing asihterested parties in an{procee'ding affecting this Conser:vation Easement as against Grantor
The ,California Department of Fish and Game (CDFG) as a third party beneficiary of this
easement~hallhave thesam'e rignts,as,Grantee under this section.to'enforce the terms of the easement.
6.1 Costs of Ehforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of ,this Conser:vation Ease'ment' iigaihst 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 Conservation Easement shall be borne by Grantor
..62 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, Gonservation Easement by, Grantor shall not be deem.ed or construed
to be a waiver by Grantee of such term or of any subsequent bre,i'ch of the same or any other term of this
Conse,rvation Easement or of any of , the. Grantee's rights under this C6nservation Easement. No delay or
omission by Grantee or CDFG in the exercise of any right or reniedyupon any breach by Grantor shall
impair such right or remedy orbe construed as a waiver
6.3, Acts 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 Tesulting 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 F'rope[lyresulting from such causes.
64 Department ofFish and Game Riqht of Enforcement All rights and remedies
conveyed to Grantee unqer' this 'Cqnservation Easement Deed shall.extend to and are enforceable by the
Department of Fish and Game or USFWS
6.5. Fence Installation and Maintenance. Grantor shall install and maintain a fence
between the approved developmerif'area cifthe parcel and .the..ConseiVation 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,optain approval by the Grantee:s Director of Development Services
regarding the specific location, type;.and height of the fence and signs phorto 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 ,Conser:vation Easement does not convey a general right of access to the
public; however; after receiving approval from Grantor, noUo.be,unreasohably withheld, 'access 'for scientific
research and interpretive purposes, snail be reserved to the Grantee and CDFG or to the respective
designe'es of GrantEie and CDFG
9. Costs ,and Liabilities. Grantor retains all responsibilities and shall bear all cosls 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 Ihe Property by competent authority
(collectively "taxes'/-), ,including any taxes imposed upoh, or incurred as a result of, this Conservation
Easement,.andshallfurnish Grantee and CDFG with satisfactory evidence'of'payment upon request
92. Hold Harmless. Grantor shall hold harmless,. indemnify, and defend Grantee and
CDFG and its members, directors, officers, employees, agents, conlractors, and their heirs, and
. .
16282
CanservatianEas'ement Deed
Page 5
representatives, successors arid assigns (c6l1ectively "Indemnifie<j Parties.:) from and against all liabilities,
penalties, costs, losses" damiige's, expenses, 'causes of action, 'glaims, demands, ar judgments, including
withaut limitatian, reasanable attarneys' fees, arising' from or inany'way. cannected with: (1) injury.to ar the
death of,any,persan, or physical dahlages to. any 'property resulting fr()many act, amissian, conditian, or
other matter ,related ,to ar accurring 0,1' ar abaut the Property, reg€,rdless af cause; (2) the, abligations
specified:'in,Sections 4,9, and 9 1, and.(3)lhe exlstencear administratian afthis Canservatian Easement.
9.3. Candemnalian. The purposes of the Conservatian Easement are presumed to. be
the best ,!nd mast necessary publb use as defined at Cade of Civil Pracedure Section 1240680
natwithstanding Cade afCivil ProcedLire SeCtians 1240.690 and 1240.700.
10. Assiqnment. This Conservation Easement may nat be Iransferr~d, a~~igned, ar
extinguished ,withaut the priar written' approval af CDFG. Grantee may assign its rights andabligatians under
this Canservation Easement only t6 an entity ar organizatian ,authbrized to acquire and hald canservation
easements pu.rsuant t9 Civil Code Sectian 8153. Grantee shall require the assignee to record the
assignment in the caunty where the Property is lacated
11 Subsequent Transfers. Grantar agrees to. incorparate the terms of this Conser\!atian
Easement in any deed ar ather 'legal instrument by which Grant6f divests itself of any interest in all ar a
partian of the Property, including" withaut limitatian, a lea-seh6ld inlerest. Granlar further }lgrees to give
written natice to Grantee ar the CDFG aHhe,intent to transfer any interest atleast farty-five (45) days priar to.
the date of such transfer Grantee shall have'the right to prevent,subsequenUransfersin which prospective
subsequent claimants'artransferees are,nat,given natice af the'covenants','terms,canditiansand r~slriclions
of this Conservatian Easement The'failure of Grantor or Graiitee:,t6perfarm'any act provided in this sectiOn,
shall not impairthe validity af this 90Dseryatian Easement or limit itsenfarceability in anyway Grantor shall
nat grant additional easements 'ar ather interests in the praperty withciut the priar written authorization af
Grantee and CDFG
12, Notices. All notices, demands, requests, consents, approvals, or cammunications fram one
party to anather.shall be personally delivered'ar sent by facsimile to the,persons set farth below or shall be
deen:ed given, five (5) days after dep(),si! in the United States mail,. certified and pastage prepaid, return
receipt requested and addressed as fallaws, ar at such ather address:as any party may fram time to time
specify to. the other parties in writing'
To Grantar' .Michael H..Covert
,President & CEO
Palomar 'Pomerado Health'
15255 Innovation Drive
San Diego, <;:a 92128
To Grantee' City af Paway
R.O Bax 789
'poway CA 92074
With a capy to.: 'Departmenlaf Fish and Game
Natural Community Canservatian Planning
4949Viewridge Avenue
San Diego., CA-92123
The parties agree to. accept, facsimile signed documeritsand agree to- rely upan .such
dacuments as if th~y, barearigin€,1 signatures. Each party agrees to. provide to the ather parties, within
seventy,two (72) haurs after transmissian of a facsimile, dacuments that ,bear the original,.signatures.
. .
16283
Conservation Easement Deed
Page 6
13.. Amendment. l;hisConservation Easement may beiaJllendedby Grantor and Grantee.only
by mutual' written agieerrient approved in Writing by CDFG. Any\~uch ,amendment shall be consistent with
the purposes' of .this ConserValion: Easemenl'and, shall not affect its perpelual duration. Any such
amendmeriHhalLbe,recorded in the officicil:retords of San Diego County, State of California.
14 Recordation Grantor shall promptly record this 'ihstrument in the official records of San
Diego County, California and ,immeaiatelynotify, the Grantee and'CDFG through the mailing of a confirmed
copy'ofthe record"d easement.
15. General;Provisions.
(a,) Controllinq .LawThe interpretalion and performance ofthis Conservation .Easement
shall be governed by the laws of the'State.ofCalifornia
(b) LiberaIConslruCt.ioh. Any general rule of construction' 10 the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes' of this Conservation Easementand the policy and pUrpose of Civil Code Section ,815; et seq If
any provision in this ihstrument is found to be ambiguous, an interpretation consistent with :the,purposes of
this Conservation Easement that wOlild'render the provision valid shall be favored over any interpretation
that would render it'invalid. ...
(c) Severabilitv, I,fa court ofcompetenfjuripdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action, .shallnot affect theiemainder of this
Conservation Easement Deed.,' If a court' of'competent jurisdidion,voids or invalidates Ihe application of any
provision of thiS ConservatiOn: Easement Deed to a person, or circLimstance, such action shallnot:affect the
application'of the provision to other p'ersons or circumstances.
(d) Entire 'Aqreement This instrument sets forth the entire agreemeht of the parties
with respect to the Conservation E~selTlent and, supersedes all prior discussions, negotiations,
understandings, or agreements re,lating 'to'the_Cor1servationEa~ement, a,1I 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 c()yena,nts, terms, cond.itibns, and restrictions of this Conservation
Easement Deed shall be t5ihding upon, and inure to the benefit' of, the parties hereto and their respective
personal representatives, heirs:. successors, and assigns and ,shall continueasa servitude running in
perpetuity with the Property These covenantshereunder benefiting Grantee shall also benefit'CDFG.
(g) Termination of Riqhts and Obliqations, A party.'s rights and oblig-ations under this
Conserva,tio_n' Easement shall 't"rniihate 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 Thecaplions in this instruriient'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 th-e event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
. .
Conservation, Easement Deed 16284
Page 7
.OJ Moi:!ificati6n. This:,Easement is not subject to modification or amendment except in
writing and signed l5y Grantor, Grantee an'd CDFG or their permitted, successors or assigns.
(k) Exhibits All Exhibits referred to in this Easement are attached and incorporated
herein by refererice.
(I) Appropriations. The, duty. 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) Effective Date. This Easement shall be effective upon recording with the San Diego
County Recorder's Office.
IN WITNESS THEREOF, Grantor and Grantee have eriterei:! into this Conservation Ea?ement the
day and' year first above written.
GRANTOR:
Michael H, Covert
President &,.CEO
Palom Pomerado Health,.Property Owners
By
Approved as,to Form:
Office of the City Attorney
Tamara Sinith, City Attorney
By CiwCL~ ~
Tamara Smith, City Attorney ,
. . 16285
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
i~.6<''-'''''''''''--'-.,Q<'~===c&<'~.e<::.Q!''~.e<'~.6<'=~~~-<K~-=l
~ State of califOrnia} ~
I Coo.," ~ 1)\~ O~. ~
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:: On 1fC.C, ;II I ~tObeforerne, ~
. Dale ~ Name and Tille of Offi I.
I personally appeared \J\\(/Vlttt.\ -t\, CoWiV--t- ~
I,. Name{s)01 Signer{s} ~
I' ,I
~ ~erSOnallY known to me I .
~ proved to me on the basis of satisfactory "
~ eVI ence I
~ to be the person~ whose name(,ll5 isi<>fe'
~ subscribed to the within instrument and ,I
~ acknowledged to me that he/sfteftt1ey executed I
~ D, DENHAM the same in hisiRe,:lIoc;, authorized I
, ' . Commission # 1434823 capacity~, and that by his/t,c,,'lI ,til ~
i -ei Notary Public, Call1ornla signaturell) on the instrument the perso~, or ~
. San Diego County the entity upon behalf of which the perso~ I
My Camm. ExplresAug 12, 2007 acted, executed the instrument. I
I
I, WITNESS my hand and official seal. @
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~ s.~w. 0 NO"" '"'", i
~ OpnONAL ~
J Though the information below is not requirer! by law, it may prove valuable to persons relying on the document and could prevent ~
~ ..-----,-..,-..-- I
~ Description of Attached Document,:
@ Tille or Type of Document: D:x\fJVvI/aAlDY'I ~sc.YYl1/v.rLJXU1 ~
~ Document Date: Number 01 Pages: B
~ \
~ Signer(s) Other Than Named Above: 1fll/\c'Y'O'JI~. 17m H1-l
~
~ Capacity(ies) Claimed by Signer
~ Signer's Name:
, I
~ 0 Individual Top of lhomb h'" ~
~ 0 Corporate Officer - TIfle(s): :
, . 0 Partner - 0 Limited 0 General I
~ 0 AttorneY-In-Fact .,
" 0 Trustee
~ 0 Guardian or Conservator I
lli 0 Other:
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<<:11999 National Notary ASsocialion' 9350 De SOtoAve., P.O. Box 2402' Chatswofth, CA9t313-2402' www.nabOnalr,olary_o<y Prod. No. S90? Aeorder: Call Toll Free l.aOo-876.6827
Conservalion Easemenl D_ .
Page 8 1.6286
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interesi in real property conveyed by the Conservation Easement by
Palomar Pomerado Health, dated December 21, 2005, 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 of Poway
By o)~~~
Title. L. Diane Shea. Citv Clerk
Authorized Representative
Date March 24, 2006
8
o. . .
16287
EXHIBIT 'A'
CONSERVATION EASEMENT
-
THAT PORTION OF THEWESTHALF OF THE NORTREAST QUARTER OF THE
SOUTHEAST QUARTER OF ~ECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND,MERIDIAN, ACCORDING TO OFFICIAL PLAT
THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, WHICH CORNER BEARS
NORTH 000 37' 48" EAST FROM THE SOUTHWEST CORNER OF THE EAST HALF OF
SAID SOUTHEAST QUARTER; THENCE ALONG THE WEST LINE OF SAID EAST
HALF, SOUTH 00037' 48" WEST 286,77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE NORTH 650 03' 04" EAST 433,99 FEET, THENCE
SOUTH 7'fl 08' 24" EAST 98,89 FEET, THENCE SOUTH 340 04' 21" EAST 29110FEET
TO A POINT IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID
EAST LINE SOUTH 000 39' 20" WEST 341,30 FEET; THENCE LEAVING SAID EAST
LINE NORTH 880 09' 24" WEST 280,53 FEET, THENCE NORTH 470 15' 05" WEST
240,09 FEET, THENCE NORTH 89052' 45" WEST 195,13 FEET TO A POINT IN THE
WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35.
THENCE ALONG SAID WEST LINE NORTH 000 37' 48" EAST 248.96 FEET TO THE
TRUE POINT OF BEGINNING,
AREA, 6,512 ACRES MORE OR LESS
/(j~ /id;. B.~
GARY A. L1NTVEDT, LS 4593 DATE /
MY LICENSE EXPIRES 9/30/06
F:\WlNDATA\lOBS\12514- PakJrnar Pomerado Pan:8 Map\514ESMT.doc ~8/fYij
. · · 16288
EXHIBIT B
P.O.B. CONSERVATION EASEMENT
NW COR - 1--- T----i
W 1/2 fV7 I I I
NE 1/4 ~'OB~2j.W 8 I , I
SE 1/4 ~B,B9 '"
SEC 35 co ;SO~~ ':'-,:"'///~~~t- .1 I I
~ 6':>~~9~7~~%./~), 1"b ~ I SEG 35 I
\>l: &r~,/', / //.'//////'A3~1". .;,; f----- -- -l
.... //./// ~/ // //~~ ..J
// / / . . .... // 0~ / /<,,-"'~ ~ I I
T,P.O,B. ",,--:/' / //~ / / /. ....//:'0/,/ , // ...p. UI I I
" (,r' / /' /""...... / / / ,/ / "
/",,////'/ /"////"// /// /,\ I -,
/ / . ... / /. . / .' ... / //~ / ~ . / /" I
. ///.///~. ',.///, //// / .//,> I .. I
~ .~/ ~';90NS~R.V~l)QN, ~ASp4EN.T ,/~ / -
<<i //. . .'. ~'/(6.512 ACRESY/// ,/// L____ __J.-_-.l
..L . ~'/ '/.'////.' '////~//;'./ IJlI"'''..",TV UAD
10 N,/// // / " /////', ",,1..1 ~
n ,// /,//// ////.;...~' . /// //' .~<<,'// '/ ob NOT TO SCALE
///// //// / /, //" '",;' / t')!"
o " ;~...L. ,/ / / ./" / / / / / / ". -0)
~ -19513'~' // / / ~ / / ///.' '/ ,// ~n
VI .. . / ,/,/ / / ,... /", v.
.,. N89'52'45.W~~">:::>/ / ////.,~/>:/,/ ng .BASIS OF BEABINGS
'2' ">t?~~//~///,~ ~:// Z THE WEST LINE OF THE EAST
_ _ ~ "'O"':"~':///'>""'<'// 1/2 OF THE SOUTHEAST 1/4
('oj v'}.. ~- ---- . OF SECTION 35
....... ..,. 280.)')3'
~ N88"0924.W
~~ I.E. NORTH 00'37'48. EAST
~~ APN 275-470-01 ~
~n ~
..8 W -J/? ~
~z j\jr:: -J/4 ('oj~
~ SE -U 4 ~
1..1 ~
m Sr::C 35 w~
l:i TJ3S FJ2W 3~
1..1
rn wrn
Vi
:i ESMT'H<D.&~'\1 30'
+ -'X.
! I -
EXISTING EASEMENTS: I
I ESMT #1 ROAD.& PUBLIC. UTILITY I
I EASEMENT TO VARIOUS ~ /'./1
I PARTIES PER INSlRUMENT NO,. rw,8 2b:>.6
I 81-230309, O,R. REC, GARY;.., UN TVEDT, LS 4593) DATE
7/22/1981, DAm 11.0. 121114 ~SlD atK'D ft BAS
~ ESMT fJ2 ROAD, SEWER, WATER. GAS':JI . -
- - POWER, TELEPHONE .& . " UnTVEDT mc.COLL
SW COR DRAINAGE UNES TO VARIOUS. .,.. . ......-
El/2 PARTIES PER INSTRUMENT " 'fr ASSOCIATES...-_
SE 1/4 NO. 86~412073, O.R. REC,
, SEC 35 9-18-1986 _..........._..........._"'.....(~_.F""~'_
, I~
'. . .
2-' 1-06 ' Page 2
COORDINATE FILE: 12514,CRD 16289
MAP CHECK #2 - SET INVERSE
SET #1 CONSERVATION EASEMENT
FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELEV
ESMT-PT 651 1944332 61443 6315954,96887 0,00
651 NW 34 04'21" 291 10 652 1944573.74110 6315791.88257 0,00
ESMT-PT
652 NW 7'1 08'24" 98 89 653 1944595,75100 6315695 47305 0.00
ESMT-PT
653 SW 65 03'04" 433,99 654 1944412.68985 6315301,98108 0.00
ESMT-PT
654 SW 00 37'48" 248,96 655 1944163 74490 6315299 24368 702.64
ESMT-PT
655 SE 89 52'45" 195 13 656 1944163.33338 6315494,37325 0,00
ESMT-PT
656 SE 47 15'05" 240 09 657 1944000 36438 6315670.68069 702,64
ESMT-PT
657 SE 88 09'24" 280 53 658 1943991 34066 6315951.06552 1405,28
ES!IT-PT
658 NE 00 39" 20" 341 30 651 1944332 61832 6315954,97045 0,00
ESMT-PT
CLOSURE:
651 SW 22 06'2011 o 00 651 1944332.61443 6315954 96887 0,00
ERROR: 00389 ,00158
1 PART IN 507305
PERIMETER AREA (sq ft) AREA (acres)
2129 99420 283666,?34 6 512