Conservation Easement Deed 2006-0398206
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RECORDING:REQUESTED BY
CITY OF POWAY JUN 06, 2006 12'59 PM
WHEN RECORDED M:I\IL TO: , j-IFFICI,.::.,L F:ECOR[I'_,
I '-,...l,~i [iIEr~n '-ourH I m:CUF:[Il:-i :'':, OFFICE
CiHU;OF:", I ';~,,'1ITH cnllr'J 1'1 F:ECuF:[IER
CITY CLERK FEE.. u,uu
~ CITY OF POWAY or II,"
p'o 80)(78'9 F.::.CiE':, Ie
{V~~ POWAY CA 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
~( APN' 314'650004
PRO:.JECTNUMBER: MDRA 04'87
\ Y CONSERVATION EASEMENT DEED
~ No bocumentary Transfer Tax Due
THIS'CONSERVA T1QN EASEMENTDEED is made thiS.:15 . day of -ll\/VQ,~ 2006,
by Pete and Chris Tupper ("Grantors"), in favor of City of Poway ("Grantee"), aCting and lhrough Its
Development Services Department, 'with reference to the fOllowing'facts.
RECITALS
A. Granto[s are the g>leowners in fee simple of cert"in r,eal property in the City of Poway,
County of San Diego, State of C,,]ifornia, 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.
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C The Property provides high quality Costal Sage Scrub/Chaparral Habitat Coastal Sage
Scrub is the habitat of the California. Gnatcatcher, which is listed as a threatened species on the Federal
. ' ,'-' '-.
Endangered Species list No, California Gnatcatchers were observed on site. Conservation of this property
though will preserve habitat of a protected species.
D The City of Poway is.;authorized to hold conservation easements'for thepreservation1Of land
in its natural, scenic, agricultural,historical, foresled, or open space condilion. The City of Poway has
authority to hold easeme'rits 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, pursyant to the Fish an.d Game. Code Seclion 1802, (liter. the conservation, protection, and
m.a~agement 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) h,,~ jyrisdiction over the
conservation, protection, restorat';Qn, enhancement andmanagem.ent. of fish, wildlife and, native plants and
the habitats on which they: depend under the Endangerec(SpeciesAci,f6 '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 3:876 acres of land that contains
Coastal Sage ,Scrub/Chaparral Habitat located within the City of Poway's Subarea Habitat Conservation
Rlan/NCCP Focused Planning.Area.
H. Gr<3,ntor. intends to co~vey .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 fOT Grantee permittlng Grantor's removal of 1,87 acres of Coastal Sage
Scrub/Chaparral Haoitat. This is a mitigation measure for such removal of 1 87 acres of Coastal Sage
Scrub/Chaparral Habitat.
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Con~efvalion Easement Deed
Page 2
I. Gfa'ntee agree'ii~Y;accepting this grant to hon()r !~e ,i"tentions of' Grantor stated herein and
to preserve and".to';protect:in perpetuitY the conserVation values of/he property in accordance with the terms
ofthis'Conservation Easementfor the 'bemeflt of this generation and the generations to come.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
I" c:,onsideration of the above recitals and the mutual covenant,'!, terms, conditions, and restrictions
contained heniin, and pursuant to,'California.law, including Civil C()de Section 815, et seq., Grantor hereby
voluntarily ,de\ldsand conveys,to Grantee conservation easementi" perpetuity over the Property of the
nature'and character and to the extenth'ereinafter set forth ("Easement").
1 Purpose. The purpose of this Conservation Easem.ent is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent any use of the Property.that will materially impair
or interfere' with the conservation values of, the Property Grantor intends that this Conservation Easement
will' confine the use of the Property'\o such activities, including without iimitation, 'tho~e Involving the
preservation and enhancement' of native"species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
2. Riqhls of 'Grantee. To 'accomplish the purposes ,of this Conservation Easement, Grantor
hereby grants and convey~ the'foll()wingrlghts to Grantee and the State of California Department of Fish and
Game as a !tiird party beneficiary of.thi~ 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 other:wise,'eriforce the terms of, this Coriservation 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 't,y'G'raniee or Its designees; ani:!'CDFG and its designees,
(c) To prey,ent any activity on or use of the Property that is inconsistent with the
purposes of this Conservation ,Ea,sement 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
conservatioOJ!!,rpo,ses of this 'Conservation Easement and not speciilcally reserved as a rightof'Grantor is
prohibited. Without limiting the generality of the foregoing, the>'f()lIowlng uses by Grantor, Grantor's agents,
and !hlLd pariies, a~~ 'expre'ssly prohibited unless specifically provided for through the Poway Subarea
Habitat Conservation Plan/NGCP
(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 th'is GOnservation Easement;
(b) Use of off,road, vehicles; except vehicles used for property maintenance required by
lheCityoiPoway, and then only,over existing roads.
(c) Grazing or surface entry for exploration' or extraction of minerals;
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Conserva!,ion Easement Deed
page<3
(d) Erectioh,of!ahy 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.ofdlsease.
(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
,eritry and trespass by persons ~hose activities may degrade or harm the conservation val~es. of the
Property InadiJition, 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'thatare 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 vialatjon 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 vioiation 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. falis 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
maybe enlitledfor violatioh'by Grantor oUhe 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'otherwiseavailable legal remedies, or for other equitable relief, including, but
not limited to, the restoratioh6f the Property to the condition in which it existed prior to any such violation or
injury Without limiting Grantor's liability therefore" Grantee may apply'any damages recovered to the cost of
undertaking any corrective action on the Property
If Grantee, in its sole discretion, determines that-circumstances require immediate action to
prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its
remedies under' this paragraph without prior notice to Grantor or withoutwailing for the period provided 'for
cure to expire. Grantee's~rights under this paragraph apply equally'tbactual or threatened violations of the
., .
terms ofthis Con,~ervation:Easement. Grantor and Grantee,agreethat Grantee's remedies for any violation
of the, terms of this ConsElrvati()n Easement is the injunctive relief described in this section, both prohibitive
and mandatory, in ;adaition to such other relief to which Grantee may be entitled, including specific
performance 6f ihe 'terms oftbls Conservation Easement in, each case, without the necessity of p,oving
either actual damages or the Inadequacy of otherwise available legal remedies. Grantee's remedies
described,ln thissection,shall be cumulative and shall be in addition to allremedies nowor tJereaf!er'existing
at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq.,
inclusive.
If at any time in the fut~re Grantor or any subsequent transferee uses or threatens to use
such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section
,
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Conservation Easem'ent Deed
Page4
8157, the Cal~ornia Attorney General or third-party entitles organized for conservation purposes have
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standing,as interested parties'in any proceeding affecting thisCon!feryation Easement,as against Grantor
The California Department of Fish and Game (CDFG) as a third party beneficiary of this
easementshall'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 t~is Conservation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees" and any costs of restoration necessitated by Grantor's violation or negligence under the
terms ot>"thls:Conservation Easementshall be borne by Grantor '
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by
Grantee orCDFGsha.ll be at.the, discretion of Grantee and CDFG, ahd 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 Gr~ntor'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 resuljirgfror]1 causes beyond Grantor's control, including, fire, flood, storm, .and
earth movement, or any pru,dent<actic:m taken by Grantor under emergeiicicondilions to prevent, abate, or
mitigate significant Injury to'thePropertyresulting from such causes.
6.4 Department of'Fish and Game Riqht of Enforcement. All rights and remedies
conveyea to Grantee Linder this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USPNS .
6.5. FCence Installation':andMaintenance. Grantor shall install and maintain a permanent
fence and/or posts between the approvea development area of the parcel and the ConserVation Easement
Deed area to protect in perpetuitythe,c.onservation vaiues and function of.the Property The fence and/or
posts shall include 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/or posts and signs prior to their
installation.
7 Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordancewith the'terms:ahd 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 unreas6nably withheld, access for scientific
research and interpretive purposes, shall be reserved to the Grantee ahd 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 incluping transfer costs, costs of title and documentation review, and costs related to the
ownership; operation;,upkeep, and maintenance of the Property
.' 9 1 Taxes'. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "(axes"); includirg any taxes imposed upon, or incurred as a result of, this Conservation
Easement: an'd"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 itsmem~ers; directors, officers, employees, agents" contractors, and their heirs" and
representatives, successors 'and asslgrs (collectively "Indemnified Parties") from and against all liabilities,
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Conservatioh Easement Deed
Page 5
penalties, costs, losses, damages, expenses, causes of action, c.laims, demands, or judgments, including
withouHimitation, reasonable"attbrneys'fees, arising from or in. anyway 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, Cbndemnalion. The purposes of the' Conservation Easement are presumed to be
the best and most. necessary Rublic 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 writte'ri 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 shail require the assignee to record the
assignment. in the county where the Property is located.
11 Subsequent Transfers. Grantor agrees to incorporate lhe terms of this Conservation
Easement in any deed or other legal. instrument by which Grantor. divests itself of any interest in ail or a
portion of the Property, including; without limitation, a leasehold interest. Grantor fur:ther agrees to give
written notice to Grantee.or the CDFG'ofthe intent to transfer any interest atleast forty'five (45) days prior to
the date of.such transfer Grantee,shail 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
shail not impairthe validity of this Conservation Easement or limit its enforceability in any way Grantor shall
riot grant additional easements or other interests in the property without the prior written authorization of
Grantee and CDFG
12. Notices. All n()tices, demands, requests, consents, approvals, or communications from one
party to another shail be personally delivered, or sent by facsimile to tlie persons set forth below or shall be
deemed given five (5)d~ys "fte! deRosit. in the United States mall, certified and postage prepaid, return
receipt requested and addressed as foilows, or at such other address as any party may from time to time
specify to the other parties in .writing:
To Grantor' Pete and Chris Tupper
13953 Carriage Rd
Poway, CA 92064
To Grantee: City of Poway
P,Q 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
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 mutuai written ,agreement approved in writing by CDFG Any such amendment shall be consistent with
.thep~rposE!s of. this .Conservation Easement and, shali not Ciffect its perpet,ual duration. Any such
lamendmentshail be recorded in the official records of San Diego County, S'tate of California.
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Gonser;vali6n Easement Deed
Page 6
14 Recordation. Grantor shall promptly record this instrument in the official records of San
Diego COlTnty, 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 Staie of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally constru,ed ,in favor of the deed to effect the
purposes of.this Conservation Easement.and the policy and purpose o(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 vaiid shall be favored over any interpretation
that would render It invalid.
(c) Severability II,a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action s'haii not affect the remainder of this
Conservation Easement Deed. Ifa,courtof competent jurisdiction v,()ids,or'invalidates the application of any
provision of this Conservation Easem'eht Deed, to a person or circumstance, such action shall not affect the
applicationofthe 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.
(f) Successors. The covenants, terms, conditions, and restrictions of this Conservation
Easement Deed shall ,be, binding upon, and inure to the benefit or; 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
Conser'!<:lti,:m 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 instrumenJ have been i.nserted 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 executeihis 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 asagairist any party who has signed it. In the event of any disparity between the
counterpa'rts produced, the recorded counterpart shall be controlling.
,0) Modification, This .Easement is not subject to modification or amendment excepl in
writing and.signed by Grantor, Grantee,and CDFG or their permitted successors or assigns.
(K) Exhioits, All Exhibits referred to in this Easement are attached and incorporated
herein by reference.
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Conser,vation Easement Deed
Page 7
(I) AppropriiHiohs. The duly of the City. of poway and CDFG to carry out their
respective obligations under this Eas'el11ent 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 entered into this Conservation Easement the
day and year first above written.
GRANTOR
By Gd.-f(;
Pete Tupper, ProP'&rier
. '-:-
By ~\
Chris Tupper, Prope
ARpr()yed as to Form.
, Office of ,the C ityAttorney
Tamara.Smith, City Attorney
By: ~CA~~
Lisa Foster, Interim City Attorney
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,CALlFORNIA,.ALL,PURPOSEACKIIIOVtfLEDGMENT
- _.<
State of California
County of San Diego
On ()n 2\1- 2 ()rJ 0 before me, Phyllis Shinn, Notary Public
f Date L'm?f 5 ~ . Nem,,"' T,t1, of Off'"",g.. Jeo, Doe, No"~ Po"'o"I
personally appeared (:>1/'/'0'<'"
Name(s)oISlgner(s)
D personally known to me - OR - ~oved to me.on the basis of satisfactory evidence to bethe pers6n(~
whose namet;N is/a,{subsciibedto the within instrument
and acknowledged, to me that (re/she/thVy executed the
same in l'tiS/her/t~ aut'horized capacity(i<M,and that by
. his/her/th'ei[ signatu're(~..s>nthe instrument the person(~,
'-~ com=~~~0304 or the entity upon behalf of which the pers6n(Kacted,
! . -.. Notary Public -Calllomki executed the Instrument.
j ~ DIego County -
, _ _ _ ~ :",!!m. ExpIIes NoV9:2007f. WITNESS my hand and. official seal.
. ------ 01
r - '
. OPTIONAL
Though the information below is not requi(fJd:by lai:V,'.it may prove valuable to persons refyingon'the documentand could prevent
fraudufentremoval,Bl]d'ieattachment of this form to ~n6thei,doC'ument.
Description of Attached Document
Titie or Type of Document:
Document Date: Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Ni1l11e:
D Individual D Individual
D Corporate Officer D Corporate 0fficer
Title(s): Title(s):
D Partner - D limited D General D Partner ~ D Limited D General
DAttorney'in,Fact b Altorney,in-Fact
D Trustee D. Trustee
D 'Guardian or Conservator D Guardian or Conservator RIGHT THUMBPRINT
OF SIGNER
D Other' D Other' Top of. thumb here
Signer'ls Representing: Signer Is Representing:
e 1994 National Notary Association ',8236 Remm6tAve..'P.O. Box 7184. Canoga Park, CA 91309-7184 PrOd, No. 5907 Reorder: Call Toll-Free 1-80(}"876---6827
. .
CALlFOR.~I~ AL....pU..RPOSE ~CKNOWLEDqMENT
State of California
County of San Diego
On ff)qlj 7 ~1 200 l j} before me, Phyllis ,Shinn'" Notary Public:
I Date /7 -=--- Nan:e and T!lle of ONicer (e.g, "Jane Doe, Notary Public")
personally 'appeared -// EI'7:: - / t.r~/C (-::7-<:'
Namels) of .Sig~er(s)
o personally known to me -OR-l7'proved to me on the basis of satisfactory evidence to bethe'person(~
~ whose name;()&is!::!l;(~Ubscribed to the within instrument
and acknowledged tome that he/slYe/thj!ly executed the
same in hi~/h./{r/th~authorizedcapacityiie:Sl, and that by
1- -, -- .- - :0._ - - - :0. f his/~eJ/th~ signature.(~' on the instrumenttheperson(~,
. @ Com ~ISSHINN ", or the entity upon behalf of which the person(s-) actea,
-, . m n.# 1450304 . . .
,i ' 0, Notary PublIC' eauro_mla f executed the Instrument.
"1 San DIego coUnty -
" .,' MvCOIIlm,EipfreaNov,9'2oo71 WITNESS my hand and official seal.
- - - - - - - -- -- - ()[ fiL' yU
) Signature of Notary Public
.
OPTIONAL
Though the information,below is"not'require.d'by.Jaw, it may prove valuable to p'~rson~ ielyingon the document and couldprevent
fraudulenf:(emovaf and reattachment of this form 'to another,document.
Description 6f Attached Document
Title or Type of Docurnent:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individu!,,1 o Individual
b Corporate' Officer o Corporate:Officer
Title(s): Title(s):.
o Partner - o Lirnited 0 General o Partner,- 0 Limited 0 General
o Attorney-in'Fact o Attorn'ey-in-Fact
o Trustee o Trustee
o Guardian or Conservator RIGHT THUMBPRINT o Guardian or: Conservator RIGHT THUMBPRINT
, OF SIGNER ~ OF SIGNER
o Other' Top a/thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 'Natlcinal-NotarY'Associatioh"'. 8238 Remm~IAve.,; P.D: Box' i1~'. C,arKiga Piul<.,'CA 91309-7184 Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827
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Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Pete and Chris Tupper, dated Mav 25. 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
By7)~~
Title. L. Diane Shea. Citv Clerk
Authorized Representative
Date. Mav 31. 2006
m.\planning\lisa\projects\tupper dfg consv esmt deed,doc
. . .
A,P N, 314-650-04
ATTACHMENT 1
BIOLOGICAL CONSERVATION EASEMENT - AREA 1
LEGAL DESCRIPTION
Commencir'igaUhe Northeast corner of the Northeast Quarterophe:SQutheast Quarter 01 Section 1,
Township 14'Sbutti, Range 2 West, San Bern~rdino Base and'Merigi<iQ, ,in the City of Poway, County of San
Diego, State:oICalifornia, said pointb_eing tl)e, POINT OF BEGINNING,th,mce S.00005'30''W" a distance of
1 05.00!feettothe TRUE POINT OF BEGINNING; thence continue southerly along said line, a distance of
456.26feet;,:therice N.88003'33''W,., a,distance of 227.39 feet; thence N:24031 '33"E., a distance of 16.69 feet to
a point of' curve t6!therigtithavlng.a radius of 21.00 feet and a central angle.of 33048'22"; thence northeasterly
alongthearca distance 6f 12:39.feet; !hence N.58019'55"E., a distance.oI58.33 feet toa point of curve to the
left having a radius of 49.00:feet and'acentraLangle of 126044'03"; thence northerly along the arc a distance of
108.38feet;:thence N.68024'08"W.,.a distance of 105 79 feet to.the point of'curve ola non tangent curve to the
right, of which the radius point liesN.,15054'39"E., a radial distance of 21.00 feet; thence northerly along the
arc, through.a.central angleoIH2028'47", a distance of 41.23 feeUo th'e point of curve of a non tangent curve
to the right, of whi.ch the radius point lies S!55~41'1 O"E., a radial distance of 299.33 feet; thence northeasterly
along the arc, through a'central angle.oI14028'03", a distance of 75.58 feet to a point of compound curve to
the right having a radius of41.00'feet and atentral angle of 14038'42"; thence northeasterly along the arc, a
distance of 10 48Jeetto the pointotcurve of a non tangent curve to !he. left, of which the radius point lies
N.30043'2B"W., a ra.dial distance of 376!50Jeet; thence northeasterly:along the arc, through a central angle of
09048'37", a distance 0164.46 feet; thence,S'88003'28"E., a distance of 5978 feet; thence N.38042'32"E., a
distance of 174.83 feet'to the TRUE POINT'OF BEGINNING.
AREA. 72,980 sq.f!., 1.675 acre
BIOLOGICAL CONSERVATION EASEMENT - AREA 2
LEGAL DESCRIPTION .
Commencing at the Northeast corner of the Northeast Quarter of the' Southeast Quarter of Section 1,
Township 14 South, Range 2 \!Vest, San Be;rnardino Base and Meridian, in the City of Poway, County of San
Diego..Stateof California, ~akj point being the POINT OF BEGINNING, thence.S.00005'30"W., a distance of
561.26 feet; thence N:88003'33''W.,'adistance of 259.88 feet to the TRUE POINT OF BEGINNING; thence
coritinuewesterly?,longsaid line, a,dlstance of 400.91 feet; thence N.00005'30'E, a.distance of 211 10 feet;
thence S.8800325"E., a distance 013'17 76'feet; thence S.41 006'51 "E., a distance of 62.62 .feet to a point of
curve to the left having a radiys 0151. .00 feet and a central angle of 30~56'.11 "; thence southeasterly along the
arc a distance of 27.54 feet; thenceS.68024'08"E., a distance of 104:62,(eetto a point of curve to the right
having a radius of 19'.00 feel and a centra'Iangle of 126044'03"; thence southerly along the arc a distance of
,< , .-.," -,",- - .
42.03 feet; thence S.58019'55"VY.; a disjanceol58.33 feet to a point of curve to the left having a radius of
51.00 feet and'a central angle'0f.,33~48'22"; thence southwesterly along the arc a distance of 30.09 feet;
thence S.24031'33"W., a distance of 29 17 feet to the TRUE POINT OF BEGINNING.
AREA. 87,684 sq.f!., 2.013 acres
BIOlOGICALCONSERV A TION EASEMENT - AREA 3
LEGAL DESCRIPTioN
Commencing at t,he Northeast cornerofthe Northeast Quarter of the Southeast Quarter of Section 1,
Township 14 South; Range.2West; San Bernardino Base'and Meridiah"in the City of Poway, County of San
Diego, State of'California; saidpoint.being the POINT OFBEGINNING, thence'N.88003'28"W., a distance of
330.15 feet; thence;S.00012'13~'W., a distance of 208.59 leet;tiHhe TRUE POINT OFBEGINNING; thence
S.58052'38"E., a distanceof:42:06 feet; thenceS,88003'28.,E,a,distante of 98!93feet to the point of curve of
a non' tangent curve to the (ight,'olwhichthe radiuspointlies N.39000'44"W., a radial distance 01346.50 feet;
thencesouthweslerly akmg the'arc, through a central angle of 08008'11", a distance of 49.21 feet to the point
of curve of a nontaogent;c;.urve 10 the left, of .which the radius point lies S.27"35'17"E., a radial distance of
71.00 feet; thence southwesterly along the arc, through a central angle of 13037'50", a distance of 16.89 feet to
a point of compound curve to the left having a radius of 329.33 feet and,a,central angle of 14019'05"; thence
southwesterly along thE> arc, a distaQce of.82.30 feetto the point of curve:of,a,non tangent curve to the left, of
which the radius point liesS.53002'35"E!, ~ radial distance of 51.00 feet;,thence southwesterly along the arc,
through a central angle of 25030'17", a distilnce of 22.70 feet; thenceN.41 006'51"W., a distance of 30.80 feet;
thence S,88~03'25"E., a distance of 2.90 feet; lhence N.00012'13"E., a distance of 121.56 feet to the TRUE
POINT OF.BEGINNING
AREA 8,195 sq.f!., 0188 acre EXHIBIT A
NE 1/4 OF' SECTION .J "
I
ATTACHMENT 2 - - - SW 1/4 .oF NE 1/4 I SE 1/4
-1:- .oF NE 1/4
@ - - -
P.O.B./
0 LINE/CURVE DATA LINE/CURVE DATA CaNT NE CORNER OF THE NE 1/4
NW 1/4 OF THE .oF f;E 1/4
NUMBER BEARING/DELT6 RADIUS LENGTH NUMBER BEARING/DELTA RADIUS LENGTH SE 1/4 OF SECTION 1
1 SDO"05'30:'W 105.00' 19 30'56'11" 51.00' 27.54.' CD
2 SOO'05'30"W 456.26' 20 568:24'08"E 104.62'
3 N88'03'33"W 22739' 21 126'44'03" 19.00' 42.03'
4 N24'31'33"E 16.69' 22 S58"19'55"W 58.33' @
5 33"48'22" 21.00' 12.39' 23 33'48'22" 5100' 30.09' TUPPER RESIDENCE T.P.O.B. 1
6 'N58'19'55"E .. 58,'33' 24 S24"31'33"W '29,17'
7 126'44:03" 49,00' 108.38' 25 N88:03'28"W 330.15' A,P,N, 314-650-04
8 N68'24'08'.'W 105.79' 26 SOO'12'13"W 208.59' .L .
9 112'28'47" 21.00' 41.23' 27 S58'52' 38"E 42.06'
10 '14'28'03" 299:33' 75'58' 28 S88'03'28"E 98.93' I
.11 14'38'42" 4100' 10.48' 29 .08'08'11" 346.50' 49.21' / T.P.O.B. 3
12' 09'48'37" 376.50' 64.46' 30 13'37'50" 71.00' '16.89'
13 S88'03'28"E 59.78' 31 14'19'05" 329.33' 82.30'
14 N38'42'32"E 174.83' 32 25'30'17" 51.00' 22.70' @
15 N88'03'33"W 400.91' 33 N41'06'51 "w 30.80' SE 1/4
NOO'05'30"E 211.10' 34 S88'03'25"E 2.90' OPEN SPACE AREA 3 .oF SECTlaN 1
:l7 S88'03'25"E 31776' NOO'12'13"E 121.56' 8,195 SF @
35 0.188 ACRE
541'06'51 "E 62.62' @
-I
OJ
-1:-
OPEN. SPACE AREA 1 @
72 980 SF
@ 1.675 ACRE
N
.
@
OPEN SPACE AREA 2
87,684 -SF
@ 2.013 ACRES
0)
@ ~
(})
T.P 0.8. 2
,)" \O:;-J:=:.L._tl:p;)E3r \cI\wo \c-.d\',g E"/:HIEIT-LEG/,L, ~'/ 16/200~; 'I CO'50 r:~1, 1 1