Conservation Easement Deed 2006-0100411
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I~ RECORDING REQUESTED BY' FEB 10. 2006 11 45 AM
", CITY OF POWAY OFFliJct F:ECOF:[",.
I '-,c:.,jo,l [dEI'll] UIU~"Jrl F:EuJFj[IEH''::. UFFICE
et!0kWHEN RECORDED MAIL TO' C'lr:iEClOfi'l ,I, ,::~,,'1ITH [[Iur'Jl'1 HE[OF:[IEF:
FEE', n UO
NV CITY CLERK I]C r,to::.
CITY OF POWAY F'..:J;ES 1:
POBOX 789 1111111111111111111111111111111111111111111111111111 01111111111111 0111 011101
POWAY CA 92074-0789
~1e8 Spat.._ --.--
APN 277-010-09
Project No MDRA 05-18
CONSERVATION EASEMENT DEED
No DocumentaryTransfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this I to, day of le.brv~'1 2006, by
Chris and Annette Thompson, Trustees of the Thompson Family Trust, Dated December 5, 1992,
("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 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 high quality Coastal Sage Scrub. Coastal Sage Scrub is the
habitat of the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered
Species list. Conservalion of this property therefore will preserve habitat of a protected species.
D The City of Poway is aui,horized to hold conservalion easemenls for Ihe 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 US C section 1531 ef
seq (ESA), the Fish and Wildlife Coordination Act, 16 U.S C section 661.666c and other applicable laws
G The biological impact analysis prepared by the REC Consultants, Inc. on July 28, 2000,
and follow,up reports prepared by the project biologist, Robin Church, REC Biological Consulting, dated
January 19, 2004, May 11, 2005, and September 11, 2005, identified impacts to 2.0 acres of Coastal
Sage Scrub (CSS) habitat. Mitigation of impacted habitat at a ratio of 2: 1 will be resolved through the
preservation of a Biological Conservation Easement of 4 0 acres. Recordation of a Biological
Conservation Easement will ensure preservation of areas set aside for Coastal Sage Scrub habitat.
d--e .0 LI
'Conservation Easement D~ .
Page 2 ~"'89
H. Grantor intends to convey 10 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 corfstruction 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 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 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 with the conservation values of Ihe 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 habitat in a manner consistent
with the habitat conservation purposes of Hiis 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 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 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 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.
'Conservation Easement De! . 5'790
Page 3
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Ereclion of any building, billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(f) Otherwise'altering the general lopography 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 onoads, 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:aviolation 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 California Department of Fish and Game. 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 Ihe cure, Grantee may bring .an action at law or in equity in a
court of competent jurisdiction to enforce the terms of this Conservi?tion 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 actual,damages or the inadequacy of otherwise available legal remedies,
or for other equitable relief, including, out 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.tothecost of undertaking any corrective action on the Property
If Grantee, in its sole discretion, determines,that circumstances require immediate action
to prevenl or mitigate significant damage to the conservation values of the. Property, Grantee may pursue
its remedies under this paragraph without prior notice to Grantor orwithout 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 Conservalion Easement. Grantor and Granlee 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 the terms of this Conservation Easement 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 equily, including but not limited to, the remedies sel 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
'I ·
Conservation Easement De 5791
Page 4
Section 815 7, the California Attorney General or third-party 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 rig his 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 to, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Granlor's violalion 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 atthediscretion 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 Granlee of such term or of any subsequent breach of the same or any other
term of this Conservation Easemenl'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 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 orUSFWS.
7 Metal Fence Slake Installation and Maintenance. In order to identify and demarcate the
boundaries of the Conservation Easement Deed area located at 14385 Cheyenne Trail, APN 277-010-09,
within ninety days, the Grantor shall install and mainlain metal fence stakes (T-stakes painted white) six
(6) feet in height [2 feet below grade and 4 feet exposed 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 approximately 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
8. Access. This Conservation Easement Deed does not convey a general ri9ht of access to
the public.
9. Costs and Liabilities. 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, 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 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
CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and
representalives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or
the death of any person, or physical damages to any property resulting from any act, omission, condition,
, I ·
Conservation Easement De S 7 9 2
Page 5
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
extinguished without the 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 8153. Grantee shall require the assignee to
record the assignment in the countywhere 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, wjt~out limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee or the CDFG ofthe intent to transfer any interest at least forty' five (45) days
prior to the date of such transfer G'rantee shall have the right to prevent subsequent transfers in which
prospective subsequent claimanls or transferees are not given notice of the covenants, terms, conditions
and reslrictions of this Conservalion 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 limil its enforceability
in any way Grantor shall not grant additionai easements or other interests in Ihe 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' Chris and Annette Thompson
POBox 500928
San Diego, CA 92150
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 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 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 the purposes of this Conservation Easement and, shall not affect its perpetuai 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 Ihe recorded easement.
'Conservation Easement Del . 5793
Page 6
15. General Provisions.
(a) . Controllinq Law The interprelation and performance of this Conservation
Easement shall be governed by the laws of 1he 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
interpretation that would render it invalid.
(c) Severability 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 competent jurisdiction voids or invalidates the application of
any provision of this Conservation Easement Deed to a person or circumstance, such action shall not
affecl 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 bihding upon, and inure to Ihe 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) Terminationof.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 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, t1ie 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.
(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 un'der 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 Del . 5794
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written.
GRANTOR:
Property Owners
~~ C:;; :T~L<,c6 By a7U1!t~~~ ..:JuoaL-
Chris Thompson, Truslee Annette Thompson, Tr stee
Approved as 10 Form:
Office of the City Attorney
Tamara Smith, City Attorney
By ~ ;;~
Tam ra Smith, City Attorney
M:\planning\peggy\mdra2005\mdra05-18 Thompson Cheyenne Trail\BioConservation Easement Deed.doc
. . 5795
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 1i73.f/f-IJ2 V // 2 toft; before me, Phyllis Shinn, Notary Public
Date . /7 Name and TItle 01 Officei (e g:, Jane'Ooe. Notary Public")
personally appeared L 111('15 4/1/{) /7 ./y,/t/C777:c Tm II?/'...s L),4/
Name(s} ofSigner(s!
. I
D personally known to me - OR -~roved to me on the basis of satisfactory evidence to be the person(s)
, - whose name(s) lsLare subscribed to thewithin instrument ,
and acknowledged to. me that M/s,lw/they executed the
same in rnS/tMr/their authorized capacity(ies); and that by
~ - -, - ... - - - _ _ _ _ '_ r4t~/their signature(s) on the instrument the person(s),
@ -_ ( '""''0''' "p,ob,",",f w","' ,",,"""1" eo'''.
:<, CommlMion # 1450304 executed the instrument.
i! . -.. . NOklry Public - Calltomta f
1 . Mv.C'::,O==,2Q07E WiTNESS my hand and official seal.
- - - - - - - - - - vt ~7::J
- - ~
J i/~L"o(NO"~ p:xv
OPTIONAL
Though the information below is not required, by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachmenrof this form to a'nather document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by'Sigher(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in'Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator RIGHT THUMBPRINT D Guardian or Conservator RIGHT THUMBPRINT
OF SIGNER OF SIGNER
D Other' Top of thumb'here [j Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
e 1994 National N~larYAssociatio~. 8236 Remmel Ave., P.O. Box 7184. Canoga Pari<, CA 91309-71B4 Prod. No.S907 Reorder: Cal! To!I-Free 1-800-B76-6827
. . 5'796
SHEET 1 of 2
EXHIBIT "A"
OPEN SPACE EASEMENT
PARCFI "A"
A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID OPEN SPACE
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE
EASTERLY LINE OF SAID SECTION 18, NORTH 00031'17" WEST 663.00 FEET TO THE
SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18; THENCE LEAVING SAID EASTERLY LINE OF SECTION
18, ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18, SOUTH 89020'48" WEST 368.36 FEET TO THE
SOUTHEAST CORNER OF THAT PROPERTY GRANTED PER DOCUMENT NO 2002-0321733
RECORDED APRIL 17, 2002, IN COUNTY RECORDER OFFICE OF SAID COUNTY, THENCE
LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID PROPERTY GRANTED
PER DOCUMENT NO 2002-0321733, NORTH 00031'17" WEST 425:28 FEET TO THE TRUE POINT
OF BEGINNING, THENCE LEAVING SAID EASTERLY LINE, SOUTH 89020'48" WEST 420.00 FEET,
THENCE SOUTH 00031'17" EAST 385.28 FEET TO A POINT ON THE NORTHERLY LINE OF A
PRIVATE ROAD AND PUBLIC UTILITY EASEMENT GRANTED PER DOCUMENT NO 81-241158,
RECORDED ON JULY 30, 1981, IN COUNTY RECORDER OFFICE OF SAID COUNTY, THENCE
vVESTERL Y ALONG THE NORTHERLY LINE OF SAID EASEMENT, SOUTH 89020'48" WEST 299.57
FEET, THENCE ALONG THE EASTERLY LINE OF SAID EASEMENT, SOUTH 00034'27" EAST 40.00
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT
NO 2002-0321733; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89020'48" WEST 280.00
FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY GRANTED PER DOCUMENT NO
2002-0321733; THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY GRANTED PER
DOCUMENT NO 2002-0321733, NORTH 00034'27" WEST 610.13 FEET, THENCE LEAVING SAID
WESTERLY LINE, THENCE NORTH 58055'35" EAST 93.68 FEET, THENCE SOUTH 37003'54" EAST
31.22 FEET; THENCE SOUTH 67056'35" EAST 95.88 FEET, THENCE SOUTH 72055'33" EAST
99.24 FEET, THENCE SOUTH 55016'34" WEST 116.69 FEET, THENCE SOUTH 25051'42" WEST
136.98 FEET; THENCE SOUTH 06039'29" WEST 110.84 FEET, THENCE SOUTH 67030'25" EAST
143.45 FEET, THENCE NORTH 68030'01" EAST 134.52 FEET, THENCE NORTH 18050'28" EAST
71.03 FEET TO THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE WESTERLY,
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35051'14", AN
ARC DISTANCE OF 156.44 FEET, THENCE NORTH 17000'46" WEST 94.56 FEET TO THE
BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43014'49", AN ARC
DISTANCE OF 75.48 FEET TO A POINT OF CUSP WITH A NON-TANGENT LINE, TO WHICH POINT
A RADIAL LINE BEARS NORTH 29044'25" EAST, THENCE ALONG SAID NON-TANGENT LINE
NORTH 89038'42" EAST 511.68 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE,
. . .
5797
SHEET 2 of 2
CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90000'00" AN ARC DISTANCE OF 62.83 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO 2002-0321733, TO
WHICH POINT A RADIAL LINE BEARS NORTH 89038'42" EAST, THENCE ALONG SAID
NORTHERLY LINE, NORTH 89038'42" EAST 12444 FEET TO THE NORTHEAST CORNER OF SAID
PROPERTY GRANTED PER DOCUMENT NO 2002-0321733; THENCE ALONG THE EASTERLY
LINE OF SAID PROPERTY GRANTED PER DOCUMENT NO 2002-0321733, SOUTH 00031'17"
EAST 239.64 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED AREA CONTAINS 8.143 ACRES MORE OR LESS.
r-'-A'~
MARK A. BRENCICK, L.S. 7226
LANDMARK CONSULTING
40-4/WORDfopenSPACEesmts.doc
.
EXHIBIT "B" - PLA T FOR EASEMENT GRANT 5'198
IN THE COUNTY or SAN DIEGO, STA TE or CALIFORNIA
~~Z~~ INDICA TES PARCEL "A"
r~;(01 INDICA TES EXIST PVT RGAD AND PUBLIC
UTILITY EASEMENT, DDC NO. 81-241158
T.P G.B. INDICA TES TRUE PDINT Dr BEGINNING
P o.B. INDICA TES PGIN T DF BEGINNING
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CONSULTING
~A~ ~ INDICA TES
";;" EASEMENT
'-0, GRAN r
MARK A. BRENCICK, LS 7226
~onservation EaSe'i1J~t D_ . /f)-
.
.
Page 8 f}'499
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Chris Thompson and Annette Thompson, Trustees of the Thompson Family Trust, dated
Februarv 1. 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. City of Poway
BY~~
Title: L. Diane Shea, City Clerk
Authorized Representative
Date: Februarv 6, ?006