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Conservation Easement Deed 2006-0216415 .}> , - ; 'R~CORDING;REQUEST! BY: C.~# '\ . i.. 2006-0216415 ~ CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111 WHEN RECORDED MAIL TO: MAR 29, 2006 10'59 AM f- CITY CLERK C1FFICI,o.L F:ECOR[,'" : .,~ CITY OF POWAY .~r'J [Ii[r:;n CDUI'lT'1 F:ECCiF:[IEF:"., DFFln. C1Ht:I..uFf'1 ,I ':,MITH Ci~lurH'1 RECUR[IEF: \ ..~ PO BOX 789 'EE', Olin f.! ' , POWAY CA 92074-0789 nl: 11,0 o c;f'Oi. P,~,C1E : lc of' s , IllIlllllmllllllllllllllllllllllllllllllll~11I1111I1111I1111I1111I111I1III111 [; APN 277,220-03 81 \) ca .~OO6-0216415 Project No.. MORA 03,24 - ' CONSERVATION EASEMErDEED ~ THIS CONSERVATION EASEMENT DEED Is made thisjjL day of tvI/tfUJf 200~ by Ronald A. Bedell, a separate Family Trust, and Lois Carol Jones, ("Grantor"), in favor of City of Poway ("Grantee"), acting by and through its DevelopmentSer:vices 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 Pow,ay, County of San Diego, State of galifo.rnia, more particularly ,described in Exhlbil "A" and Exhibit "B" attached'hereto and incorporated.bythisreference (the "Property"). B. The Property possesses wildlife and habitat values' {collectively, "conservaiion values") of . - -. . - great importance to. the Grantee, the people of the City of Poway; the people of the State of California, and the people ofthe United States. C The Property. provides high quality Coastal Sage Scrub Coastal Sage Scrub is the habitat of the California GnatcatchE!r,which is listed as a threatened, species on the Federal Endangered Species,list. Conservation ofthis property therefore will preserve habitat of a protected species. o 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 C!,!llfornia, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to the Fish 'imdGa,me Code Section 1802,.iover the conservation, protection, and management of fish, wildlife, native' piants and the habitat necessary for biologically sustainable populations of those species. F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the cons(lrvatio.n,protection, restoration, erhancement and management ,of fish, wildlife and nalivE! plants and)he,habltats on which they depend under the Endangered Si1ecies Act, 16 U.S.C section 1531 et seq (ESA); the Fish and Wildlife,Coordination.Act, 16U,S,C. section 661-666c and other applicablelaws. G' The B,iological Resource,s Analysis prepared by P&D Environmental, dated January 2000, for subdivisLon TTM 98"02,"Heritage 1\ Estates Biological Technical Report", identified imp"cts to Coastal 'Sage Scrub (CSS) habita,l. Mitigalion of impacted habitat was resolved as part of the Finai Environmental'lmpact ReportSch, No. 98091083, through the preservation' of open space easements on p. ,- .. ". . - - -- - ..- _. . each parcel throughout the subdivision. Open space areas were identified on the map no. 14388, filed in the office ohhe' Couniy Recorder of San Diego County, California, on May 8, 2002, file number '2002- 039.1382 for Impacts to'CSS. Recordation of Biological Conservation Easements will ensure preservation of areassetaside' for, Coastal: Sage Scrub habitat. 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 Reslrictions dQ--OOI . . Conservalion Easement Deed Page 2 8166 c6ntainedherein in exchange for Grantee permitting Grantor's construction of a single-family residence within Heritage II Estates. I. Grantee agrees bY accepting this grant to honor the intentions of Grantor stated herein and to preserve a~nd to pr6tecttin ,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 aDove 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 deedsahd'conveys to Grantee conservation easement in perpetuily 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 ofthe Property that will materially impair or interfere with the conservati6n 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 pr,eservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes'of this Conservation Easement. ,2. Riqhts of Grantee. To accomplish the purposes of this 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 easemenl 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 ~pon 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 propertyc,onsistent 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 restoretion of such areas or features of the Property'that maybe damaged by any'act, failure to act, or any use.thatis 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 (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 conserv~'Ltion purposesofthis Conservation Easement ana nof'specifically reserved as a right of Grantor is prohibitec;l. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, ana 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:tire'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 maintenance required by the City of Poway; and then only over existing roads. (c) Grazing or surface entry for exploration or extraction of minerals; , . . Conservalion .Easement Deed 8167 Page 3 (d) Eriiction ohinybuilding, billboard, sign; (e) Extavatin'g, afedging or removing of loam, gravel, soil, rock, sand or other material; I (f) Otherwise altering the general topography of the Property, including building of roads'Q[ changing'the grade of the Property; (g) Removing, destroying, or cutting oUrees, shrubs, or other vegetation, except as required by law' for (1) firebreaks; (2) rnaintenance of existing foot trails or roads, or (3) prevention or treatment of disease. (h) Planting oftrees 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.ofthis 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 inviteolhers 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 <3' violation is threatened, Grantee shall give written notic;e to Grantor of such violation. and demand in writing corrective action sufficientcto cure the violation. Grantee shall also notify the California Department ofFish and Game. If Grantor fails.,to cure the violation within thirty (30) days after 'receipt of said written;no,tice and demand from Grantee, or if the cure reasonably requires more than thirty (30)' days to compiete and Grantor fails to begin lhe cure within the thirty (30) day period or fails to continue diligently to compl;;;ethe 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 Injunction without the necessity,'of proving either aciual damages or the inadequacy of otherwise available legal"remedies, or for other equitable relief, including".butnot limited to, the rest<:>ration 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 recoveredto'the cost of undertaking any corrective action on the Property If Grantee, in its sole discretion, determines ,thal'.circumstances require. immediate action to prevent or mltigatesignificant'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 rig his under this paragraph apply equally to actual or threatened violations. oflhe'terms:o(this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation oftheterms'of.thls Conservation Easement is the injunctive relief described in thl~ section, both prohibitive ancjmandatory, .in addition to such other relief to which Grantee may be entitled, including specific':performange'of..the'terms of. this Conservation Easeme'nt lneach.case, without the necessity of proving eithera<;tual damages or'the inaaeqLiacy 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 jaw orin equity, including but not limited to, the remedies set forth in Civil Code Section 815; e{seq. >iriclusive. If at any'time' in the future Grantor or any subsequent transferee uses or threatens to use such land,S for purposes inc9n,sistent with this Conservation Easement, notwithstanding Civil Code Section 81"5.7, the California Attorney General or third,party entitles organized for conservation purposes . . Conservation Easement Deed Page 4 8168 haVe standing as interested parties in any proceeding affectingthis:Conservation Easement as against Grantor TheCaliforriia' De'partnieiit of Fish and Game (CDFG) as a third party beneficiary ofthis easementshall have the same rigntsas.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" b'ut not limited to, costs of suit; and attorneys"Jees, 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 bealthe,discretion of Grantee and CDFG, and any forbearance by Grantee,or CDFG to exercise its rights under this Conservation Easement :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 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. .Acts Bevond G'rantor's Control. Nothing 'contained in this Conservation Easement by Grantee shall be atthe 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. 6.4 Department of' Fish and Game Riqht of' Enforcement. All rights. and, remedies conveyed to Grantee under this C\ms~rvation Easement Deed shall extend to and are enforceable by the Department of Fish and Game orUSFWS. 7 Metal Fence Stake Installation and Maintenance, In', order to identify and demarcate the boundaries of the Conservation Easement Deed area on Lot 3, located at 18625 Old Coach Way, APN 277'220'03, vyithin ninety days"the Grantor shall install and mai.ntain metal fence stakes (T-stakes painted white) six (6) feet in helght;[2'feet below grade and 4 feet e~po_sed above grade] as follows' A stake shall be installed at the property line.at the point of intersection with the easement boundary line and also installed at intervals of seventy-five (75) feet along the length of the'easement boundary line. The purpose of this staking is to identify to the lot owner the boundaries of the conservation easement area, and to protect in perpetuity the conservation values and function of the Property The specific location of all required stakes shall also be plotted on Exhibit B (easement plat) attached hereto. 8 Access. This Conservation Easement Deed does not convey a general right of access to the public. 9 Costs and Liabililies, Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep"and' maintenance of the Property 9;1 Taxes. Grantor shall pay before delinquency all taxes, assessm'ents, fees, and charges of whatever descriptiori leVied on or assessed against the Property by competent authority (collectively "taxes"), ,including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request. 9'2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFGand' its members, directors, officers, employees, agents, contractors, and their .heirs, and representatives, successors,and,assigns (collectively "Indemnified Parties") from and against all liabilities, penaltie~",costs,..losses; damages"expenses, causes of action, claims, demands, or judgments, including withouf,timitation;,,'reasonable attorneys' fees, arising from or in,anyway connected with: (1) injury to or the:deatr oi'al)y'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, regardles's of cause; (2) the obligations specified in Sections 4, 9, and9 1, and (3) the existence or administration of this Conservation Easement. , . . Conservation Easemenl:Deed 8169 Page 5 ,01 other matter related to or occurring Qn or?bouHhe Property, regardless of cause; (2) the obligations specified,in Sections 4, 9, and 9.1 ,and (3):theexistence or administration of this Conservation Easement. 9.3: Condemnation. The, purposes of the; CC!nservation Easement are presumed to be the best and most necessary pulilic use as defined at Code of Civil Procedure Section 1240,680 notwithstanding Code 6f Civil Procedure Sections 1240.690 and 1240.700 10 Assiqnment. This Conservation Easement may not be transferred, assigned, or extingu,ishecj without/the prior written approval of CDFG. Grantee may assign its rights and obligations under this Conservation Easement, only to, an entity or orga'nization authorized to acquire and hold conser~?tion easements pursuant to Civil Code Section 8t 5.3. 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 rlghLto' prevent subsequent transfers in which prospective ,subsequent, claimants or'transferees are not given notice'ofthe covenants, terms, conditions and restrictions of this Conservation Easement. The failure of Grantor' or Grantee ,to perform any act provided in this section shaii not imp?irlhe validity of this Conservation Easement or limit its enforceability in any way Grantor shallnot'grantadditional easements or other interests in the property without the prior written authorization of Grantee and CDFG. 12. Notices. Ali notjces, ,demands, requests, consents, approvals, or communications from one party to another shall'be personallydeliyered or sent by'facsimile to the persons ,setcforth,below or shall be deemed given five.(5) days after d,eposit in the United"States.mail, certified and postage prepaid, return receipt requested and addressed1as follows, or at such other address as any party may from time to time specify to the,other parties inwriting: To Grantor' Ronald A. Bedell, a separate. Family Trust, and Lois Carol Jones 1927 Adams Avenue, Suite 200 San Diego, CA 92116 To Grantee: City of Poway PO Box 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 parties agree, to accept facsimile signed documents and agree to rely upon such docum"nts as i(they bore original signatures. ,Each party agrees ,to provide to the other parties, within seventy,two(72) hours after transmission, of a,facsimile, documents'thafbear the original signatures. 13. Amendment. 'This Conservation Easement may be amended by Grantor and Grantee only by mutual written agreement ,approved in writing b'y CDFG, Any such amendment shall be consistent "Y\th:the' purposes 6f this Conservation Easernent.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 promptiy record this,instrument in the official records of San Dieg~ County, California and immediately notify the Grantee and CDFG through the mailing of a confirmed'copy of the'recorded easement. . . Conservation Easement Deed Page 6 81"'0 15. Generai Provisions. (a) Controllinq, Law ;rhe interpretation and, performance of this Conservation Easement.shall begoverned'oy tile 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'purposeof Civil Code Section 815,et seq If any provision in this instrunienUs 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 interpretation 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 ihis Conservation Easement Deed. If a cburt of competent jurisdiction voids or invalidates the application of any provisiol1 of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to either 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 Easenient;.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 Conservation Easement Deed shllll be binding upon, and inure tei the benefit of, the parties hereto and their respective personal 'representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity wilh the property These covenants hereunder benefiting Grantee shall also benefit CDFG (g) Termination of..Riqhts.and Obllqations. A party's rights and obligations under this Conservation Easement shall terminate' only upon transfer bf the party's interest In the Conservation Easement or Property, except th-at 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, .therecorded counterpart shall be controlling. U) Modification. This Easement is not subject to modification or amendment except in writing and'sii:ined'by Grantor, Grantee and CDFG or their permitted successors or assigns. (k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by;reference, (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. . . Conservation Easement Deed 81171 Page 7 IN WITNESS THEREOF, Graiitorand Grantee have entered into. this Conservation Easement the day and year first above written. GRANTORS: Ronald A. Bedell,and Lois'Carol Jones, Property Owners ~~'TfZ- ~~~ By. ([cn~..Rq (f? By' Ronald A. Bedell, Trustee Lois Carol Jones S~~Af\I\Crtt::~ AC~~N.~J).')tH~ Approved as to Form: {:Jffice of the City Attorney Tamara Smith"Clty Attorney BY~ Ta ara Smith, City p; torney M:\planning\peggy\mdra2003\mdra03~24 ,Bedell\Conservation Easement Deed.doc · · 8172 CALIFORNIA ALL.PURPOSE,ACKNOWLEDGMENT " 'I ,1 State of califOrnia} 1 ~ t1. \IdU ss 1 County of \, \. 'I .--,--- ~"\ 1 On ~ ~ 2~(o before me,~~lt.\1\ %R\ U: oaleft ~ Nam::d Title of Officer (e,9.. "J"ne Doe. Notary Public") 'J personally appeared " ~ p,.., , 'C;..\")E. ~ I' Name(s)ofSigner(s) 'I [ ,/, " ~personally,k_nown to me I' 0 proved to me on the basis of satisfactory 1 evidenoo I 1 to be the perso'1(~ whose name(~risY_ 'I - - - -- ~ ~ -, -- - - i subscribed to the within Instrument"and ,I 1 ~ TRACY I!A!fIELD acknowledged,to me . t@Sns/lhey executed 'I 1 J ' " co...rdsslOn'~I3564721o t the same In ~'iiB!!bo;, authorized ,I [ 'Notl!lY~ ..CaIIfom _ capacity~ and that by ~~r ,I : \ My~Nes~~~i ~~~n:~;~:~:onnt.~~;a~;r~~:~~~~et~:r~~~~~~~; .: ---- td 'tdth't t ' I' ac e ,execu e e Ins rumen. ,I " ,[ .) 1 ,I I .1 , OPTIONAL ,I Though the information below is not required by law, it may prove valuable to persons (elying on the document and could prevent ,I I fraudufent removal and reattachment of this form'to another document. ,I :' Description of Attached Document: I, Title or Type of Document: CD~"-r1\lA-\\\:'w ~~~.) 1::Ki?):>1 , " Document Date: Number of Pages: 'i?>'1' 2. ~ " 1 .--r--:: 8-I 8~tTq>( 'fY--I I, Signer(s) OtherThan Named Above: I f}-t-..rA-i1..p.. 1111' 1 'I 1 Capacity(ies) Claimed by Signer ' I 1 Signer's Name'~~I\" t:::. p.." ~DiSL).'''1 TQ.u.~~' " 1 I, 0 Individual Topoithumbhere ., " D Corporate Officer - TItle(s): I , D Partner, - D limited D General '1 o Attorney-in.Fact I t$' Tru!?tee I I 0 Guardian or Conservator 1 , D Other- ,) I ~ its.---- 1 I' Signer Is Representing: \ ~ M \ \.;1 \ <1AA l:> I ) 1 I ;0 @1.1999NationaINotarI'AsSOciation'9350DeSoloAve.,f.o.BoX2402. Chat~worth, CA 91313.2402. www,nattonalnotary,olg Prod No 5907 Reorder: Call ToII.Frel! 1 8006766827 . . 81t73 CALIFORNIA ALL.PUR"POSE ACKNOWLEDGMENT ~~~~~~~~~~~2f!Sl'~~$t'YG'Q?f.h~~.&"P~.i'f('~~~ State of California } ss. County of SQ" \::neg 0 On d\,1l r~ \ 1.\ . ;:)OOQ before rne, Sn-eJ1'"\e ~Drrell. tJD1a(~ I1bl\ (" Date Name and Title of Oflicer le.g., Jane Doe, Notary Pub c) personally appeared _U>l5. Carol :\'(){'\....E. N"mpl~\ "I <::jg;"Qr{~) C personally known to rne 'iji.proved to me on the basis of satisfactory evidence to be the person(.llj whose name($) ~are subscribed I,,' :=~-f to the within instrument and acknowledged to me that he/~/they executed the same in his/~/their authorized capacity~), and that by his~/their Notary Public Callton\Ja f signatureEsl on the instrument the person(s1r or the j San llIega county E entity upon behalf of which the personfet acted, _ _ _ ~:"""",ExpiresJun30.200l executed the instrument. - - - - - - -- WITNESS ~y h~al. Place Notary Seal Above ~A.lJ Signatureo! Notary Public OPTIONAL Though the information. below is notIequired by la~ it may prove valuable to persons relying on the document and coufd preventfraudulent removal and reattachment of this form to another document. Description of Attached DOi2ent Ea..~,eI'Y\'et)+- ~ed Title or Type of Document: br)<;€r\k1:t'l()('\ Document Date: -1'I\/'r\U\ '\4 . ~QlXp Number of Pages: Signer(s) Other Than Named Above:.~CX'.Cl.ld ~I"Ae \ \ '*" If'ln'(l rYl Smi~ . Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer - Title(s): o Corporate Officer - Title(s): o Partner -0 Limited 0 General o Partner -'O'Limited 0 General o Attorney in Fact o Attorney in Fact . To~ of thumb here Top of thumb here o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Other' o Other' Signer Is Representing: Signer Is Representing: ~~~~~~~~~'g;~'G<;.'C(".~~~...g(,.~~~~~~"'O{..~~~ @2004 National Notary Association. 9350 Oe.Soto Ave P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . . Conservation Easement Deed Page 8 8174 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement by Ronald A. Bedell, a separate Family Trust, and Lois Carol Jones, dated March 14, 2006, 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. CitYOfPO~~ By)4 ~ Title: L. Diane Shea Citv Clerk Authorized Representative Date JM:ttJt fj.:l; f},[yj 0 I . . 8175 EXHIBIT A BIOLOGICAL CONSERVATION EASEMENT THAT'CERTAIN AREA SHOWN AS OPEN SPc\CE EASEMENT ON LOT' 3 OF CITY OF POWAY TRACT NO. 98-02 HERITAGE RANCH ESTATES" ACCORDING TO MAP NO. 14388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382 OF OFFICIAL RECORDS. - " . . {'2- EXHIBIT B . ' . 81'76 Lot 3 Individual Lot Declaration The Heritage Estates C Oimenslon I J.. - - - - - - -- - - - -1 Commun ty - Mailbox -- 564' .---- F~~!; Modification,/'" ~ ......... I 7' Landscape Zo'nel.Setback. /' Iq,.". " I Easement. HCEA Owner Malntalned;/ !:'>. " I Maintained' Fuel Modification Zone / Setback. 6' Parkway - HCEA . \. Ownar Maintained - ~/ 1 : i \ ~I ~ 1 O? I 8 I [j ~' "",,- ~'I Easement 'I ./ r.-___________, I . I L \ c:' \ Fuel Modification / Surtaco I ZoneJ Sefb:ack . / Drainage Outlet " Own.r Malntaln~ I '-... I Z -;r----------........ -- .--/ ________--.J (, 673' I ugend top '\ Properry Une ---- ShpeLocation ?J:,en Space ---- ... toe tlS8mcnt Line Drainage SUlak/ Cua'Crl North Storm Drain Jnlef I .~ .- .- ~ Storm Drain ~~-=G Building Envehpe II1II Sewer Une 0 50 tOO - s- Common Area WaterUne - w MdinteniJnce V//1 JMlemfttl S ewe,. Line. Connection (SI Easement RCEA S" Grading Plan, for pregraded topograpi?J Maintained Water Une,Connemon t'ir; UtiliffConnection: (UI S freet Ligbt 0 ,,> Telepbone, Gas, Fi", Hydrant "" Electric, TV Cables Lot Number _____ Lot Size -------.~ 4.65 Finisbed Pad Aa.. Blevaiion, .829