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Conservation Easement Deed 2006-0362652 ~.,. -. -- -- OCJ- i' # '-'\'-)(1)'" -(l:>': '-'ti'k'-' '-'" L _ ,_ I_I .J ~_il_IL ...J,- REC6Rg:~~ ~~~g~~:D BY, 1111/111111111111 111111111111111111111111111111111111111111111 11111111 WHEN RECORDED MAIL TO: MAY 23, 200Ei 9'57 AM f//J DFFiCl.:~.L F:ECOFi[< /\,'f CITY CLERK :,.cJJ ['IEliD CUUIJT, HECDcl['EF:'" '!!'FICe D CITY OF POWAY GF:E,_,[IF:', I. -"IITH "-,, '1m HECC,C,['lR .\ FEE':. IJUU ~, ,:::,;~9"",<,,, Ilmll ;;1~~1I11111111 ~;III mil 1I111111mll 1111 IIIIUI II 277-140-12 685,4 2006.0362652 PROJECT NUMBERS MDRA 05-59 ACP 06-03 CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSER VA nON EASEMENT DEED is made this 2t1:. day of (CJ'!,;2. L1 A1-e Y 2006, by Patricia and Anthony Garczynski ("Grantors"), in favor of City of Poway ("Grantee"), acting' by and through its Developmenl Services Department, wilh 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 Ihis 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 and Chamise chaparral. Coastal sage scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species list. D The City of Poway is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civic Code Section 815.3(b). E. The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species. F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife. and native plants and the habitats on which they depend under the Endangered Species Act, 16 U S.C section 1531 ef seq. (ESA), the Fish and Wildlife Coordination Act, 16 U S C Section 661-666c and other applicable laws. G. This Conservation Easement provides protection for a minimum of 5.4 acres of land, Including a minimum of 3.2 acres of coastal sage scrub, located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area. H. Granlor intends to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's removal of 0.67 acres of coastal sage scrub, DIo-00~ . . ConserVation Easement Deed 6855 .Page '2 o 14 acres of Chamise chaparral; and 1 09 acres of non-native grassland. 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 consideralion of the above recitals and the mutual covenants, terms, condilions, 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 pe,rpetuity 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 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 conservalion purposes of this Conservation Easement. 2. Riqhts of Grantee. To accomplish the purposes of Ihis Conservation Easement, Grantor hereby granls and conveys the following rights to Grantee and the State of California Departmenl 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 upon the property at reasonable times in order to monitor Grantor's compliance with, and to otherwise enforce the terms of, Ihis Conservalion 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 ils designees. (c) To prevenl any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and 10 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; Id) 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 Conservalion PlanfNCCP (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 Deed 6856 Page 3 (c) Grazing or. surface entry for exploration or extraction of minerals; (d) Erection of any building, billboard, sign; (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (I) Otherwise altering Ihe general topography of the Property, including building of roads or changing the grade of the Property; (g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment of disease. (h) Planting of trees or other vegetation except by written permission from the City of Poway 4 Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservalion values of the Property In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under Section 2 of Ihis Conservation Easement. Grantor further covenants that maintenance of the Property, to wit. clean up of all trash and debris, shall be the Granlor's responsibility 5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, 'and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Conservation Easement. 6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing corrective action sufficient to cure Ihe 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 Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of Ihe terms of this Conservation Easement, to enjoin the violation, ex parfe 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, but 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 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 without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation of Ihe 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 Granlee 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 equity, including but nollimited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. . . Conservation Easement Deed 6857 Page 4 If at any time in the future Grantor or any subsequent transferee uses or threalens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section 815,7, the California Attorney General or third-party enlilles organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same rights as Grantee under this.section to enforce the terms of the easement. 6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the terms of this Conservation Easement against Grantor including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easement shall be borne by Grantor 62. Grantee's Dlscrelion. Enforcement of the terms of lhis Conservation Easement by Grantee or CDFG shall be at Ihe discretion of Granlee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under this Conservation Easement by Grantor shall nol 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 Ihe 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 Ihe 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 10 Grantee under this Conservation Easement Deed shall extend to and are enforceable by the Department of Fish and Game or USFWS. 65 Fence Installation and Maintenance. Grantor shall install and maintain a fence between the approved development.area of the parcel and the Conservation Easement Deed area to protect in perpetuity the conservation values and function of the Property The type of fencing shall also include posts and signage. The Grantor shall~btain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their installalion. 7 Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the Property in accordance with the terms and conditions as set forth herein. 8. Access. This Conservation Easement does not convey a general right of access to the public; however, after receiving approval from Grantor, not to be unreasonably wilhheld, access for scientific research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the respective designees of Grantee and CDFG. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Property 91 Taxes. Granlor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against Ihe Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a resull of, this Conservation Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request. 92. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and . . 6858 Conservation EasementDeed Page 5 representatives, successors and assigns (collectively "lndemnified 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, or other matter relaled 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 notwilhslanding 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 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 10 Grantee or the CDFG of the intentto transfer any Interest at least forty-five (45) days prior to the date of such transfer Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limil ils enforceability in any way Grantor shall nol grant additional easements or other interests in the property without the prior written authorization of Grantee and CDFG 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the Uniled 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' Patricia and Anthony Garczynski 13200 Kirkham Way, Suite 101 Poway CA 92064 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 . . Conservation Easement Deed 6 8 5 9 Page 6 the purposes of this Conservation Easement and, shall not affect its perpetual duration. Any such amendment shall be recorded inthe officialrecbrds of San Diego County, State of California. 14. Recordation. Grantor shall promptly record this inslrument in the official records of San Diego County, California and immediately notify the Grantee and CDFG Ihrough the mailing of a confirmed copy of the recorded easement. 15. General Provisions. (a) Controllinq Law The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of conslruction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the purposes ofthis 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 interprelation 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 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 affect the application ofthe provision to other persons or circumstances. (d) Entire Aqreement. This instrument sets forth the entire agreement of the parties with respect to the Conservalion Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easemenl, all of which are merged herein. No alteration or variation of Ihis 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 of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shali conjjnue as a servilude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall also benefit CDFG (g) Termination of Riqhts and Obliqations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer (h) Captions. The captions in this instrument have been. inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon 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, the recorded counterpart shall be controlling. U) Modification. This Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns. . . Conservation Easement Deed 6860 Page 7 (k) Exhibits. All Exhibits referred to in this Easement are altached and incorporated herein by reference. (I) Appropriations. The duty of the City of Poway and CDFG to carry out their respeclive obligations under this Easement shall be subject to the availability of appropriate funds. (m) Effective Date. This Easement shall be effective upon recording with the San Diego County Recorder's Office. IN WITNESS THEREOF, Granlor and Grantee have entered into this Conservation Easement the day and year first above written. GRANTOR: Q -, By ~ By ~ Ant arczyn Approved as to Form. Office of the City Attorney T~ By' Tamara Smith, Ci y ttorney e' . · ". , . 6861 AlIFORlNlA ALL.PURPOSEACKNOWLEDGMENT State of California County of San Diego - I - .'J.",.., "71'1. On f DJ ((..1// ,1Ju'f' ? (,. [. &1 before me, Phyllis Shinn, Notary Public Date 'I ,.., Name and Title of Officer Ie_g., Jane Doe. Notary Public") personally appeared -; /I/TJlI/fly 4;/:/) 1;97)('1("/,4 (7,Q7'l'C. z ,//1/5::/ / / _ ,/ 1". ., v Name(s) ofSlgner(s)' o personally known to me ~ OR ~ )iproved to me on the basis of satisfactory evidence to be ,the person(s) I whose name(s)'j4if!.re subscribed to the within instrument and acknowledged'to me that t\elshe/they'executed.the same,in illS/her/their authorized dapacity(ies), and.thillby 't!i~/~er/their signature(s) on the instrumentthe person(s), ~ 'PHYu:IS SHINN ' or the entity upon behalf.of which the person(s) acted, .. . _ ' Commission # i 450304 executed the Instrument. ~, ..... Nolory, Public. <;aurOmtQ f ! San D/ega Cciuniv - WITNESS my hand and official seal. - - - ~:,,:m:'~,*,:9~2~71 ., S/~~~ Jl ~ :, '0, j?l:~ I Signature O(Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and coufdprevent fraudulent 'removal and reattachment of this form to another 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 Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer o Corporate Officer Title(s): Title(s): o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General o Attorney-in-Fact o Attorney-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 ofthumb here o Other' Top of thumb here Signer Is Representing: Signer Is Representing: c 1994 National Notary"Association. 8236' Remmej'A~., -P.O. Box.7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call ToU-Free.1-800-876-6827 . . Gonservatiori EasementDeed 6862 PageS CERTIFICATE OF ACCEPTANCE This is 10 Certify that the i~i~rest. in real property cSlQveyed by the Conservation Easement by Patricia and Anthony Garczynski, d9!ed February 8, 2006, to tlie 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' here,by accepted by theun~ersiglled officer on behalf olthe Cily of Poway, pursuant to authority confe'rred by Resolution No. 34 of the City olPoway on January 20,1981 GRANTEE. City of Poway Title: L.Diane'Shea..Citv Clerk Authorized Representative Date. S/'j 10c. . M:\planning\jason\garczynskiBCE .doc - - . . 6863 EXHIBIT 'A' OPEN:SP ACE EA~EMENT EA 06e04 A PORTION OF THAT LAND GRANTED TO ANTHONY QARCZYNSKJAND PATRICIA L GARCZYNSKI, ACCORDING TO DOCUMENT NO 2005e0645033 F'ILEDIN THE OFFICEOF'THECOUNTY RECORDER OF SAN DIEGO COUNTY, JUL Y 29, 2005, DESCRIBED AS FOLLOWS, BEQINNING AT THE NORTHEAST CORNER OFSAIDGARCZYNSKI LAND; THENCE ALONG THE EASTERLY BOUNDARY OF SAID GARCZYNSKI LAND SOUTH 0001 I '07" EAST (SQUTH 001 1 '28" EAST PER DOCUMENT NO 2005e 0645033), 760,22; THENCE SOUTH 00010' 17" EAST (SOUTH 0011 '28" EAST PER DOCUMENT NO 2005'0645033),45.44 FEET TOANANGLE'POINT THEREOF, THENCE LEAVING THE EASTERLY BOUNDARY OF SAID GARCZYNSKI LAND, NORTH 23042'10" WEST, 198,37 FEET, THENCE NORTH 87044'57" WEST, 215':90 FEET TO AN ANGLEPOINTON THE WESTERLY BOUNDARY OF SAID GARCZYNSKI LANP; THENCE NORTHERL Y ALONG THEWESTERL Y BOUNDARY OF SAID GARCZYNSKI LAND NORTHI2?22'57" WEST, 134,33 FEET (NORTH 12023'40" WEST, 13440 FEETPER DOCUMENT NO 2005e 0645033); THENCE NORTH 2401 I '52" WEST, 403 9J FEET (NORTH 24013'00" WEST, 403,84 FEET PER DOCUMENT NO 2005-0645033) to THE NORTHWEST GO_RNER OFSAID GARCZYNSKI LAND; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID GARCZYNSKI LAND, NORTH 64001'33" EAST, 26312 FEET(NORTH 64007'50" EAST, 263.65 FEET PER DOCUMENT NO 2005- 0645(33); THENCE NORTH'89"50'42" EAST, 250. 7g FEE:r(NORTH 89048'32" EAST; 250.00 FEET PER DOCUMENT NO 2005-0645033) TO THE POINT OF BEGINNING. TOTAL AREA IS 5,54 ACRES, MGRE OR LESS, AS MORE PABTICULARL YSHOWN ON EXHIBIT 'B '.ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF PREPARED BY ~f!: 4--ji?~r16 WILLIAM YE,RCE33730 EXPIRATION DATE, 6/30/06, ,I -':: 4 . . , EXHIBIT 'B' If ;'; .. 6864 EA 06-04 OPEN SPACE EASEMENT 0 ';>3 \'1.7 POB 0 EXISTING ;EASEMENTS. N ROS BEL 7-'0:" '0<:)') 11 , II , DD#l DRAINAGE AND GRADING RIGHT, , 'll's. 7-'0:''' ~ \ :, "s. "()';'jG. . BEYOND RI.GHT -OF ~WAY PER BK. ~'O~,;1 ". , w L'01><9 . --' 660, PG 206 REC'D 6/9/1937 AND \.~ . . . ~ <{ BK 1369, PG 484 REC'D 8/12/1937 ;; u (f) CANNOT BE PL()TTED" to N 00#2 W~l'ER RIGHTS RESERVEp. tOR ,.. ~> / q'f:, - >- PACIFIC IRON &. STEEL CO: PER ,,0. .., Q:: DOC. NO 61871 IN BK.6088," PG .., ..> ..> ..> 2.17REC'D 5/4/1956, CANNOT BE '-". J. ..' PLOT:1;[D. ,. '6,,0< U) DD#3 .PUI3,L1~ UTILITY, INC;RES$ AND. 1:\.1 <. ~ r-. ~ w EGRESS ESMT TO RAMONA MUNICIPAL ,,0 -0 ,. WATER DISTRICT PER BK 71'62, PG -0,-" }- '-" '<9 376REC'D 7/11/1958, CANNOT BE 'cP /~ PLOTTED ... -.J' J DD#4 PUBLIC UTILITY, INGRESS AND EGRSS OPEN SPACE - ~ EASEMENT ESMT TO PACIFIC IRON & STEEL CO 5.54 AC - PER fiN 101281 RE~'D 7/21/1966 G - b DD#5 ROAD & UTILITY ESMT TO HOWARD 0 a -- _ " _ -'0-""'" z W G SMIT$ PER FIN 161573 REC'D v 10/18/1967 L4 U DD#6 PUBLLC UTILITY, INGRESS Ar:<D li.1 EGRESS ESMT TO SAN DIEGO \; II) <;:OUNTY WATER AUTHORITY PER F/N Li) /I,,^ ;g N 8'8~643989 ,RE<:;'D 12/15/1988 0 J);~' ft:. -' 0:: ,0 DD#7 Cln' STREET ESMT TO CiTy OF 00 ' ")- POWAY PER F/N 1998-0054367 ")~ REC'D 2/3/1998 }<J 4J i <0 (\ 00" 'lY~ ,., "'I' .cv_& r ~~ / 'by,)' q,'}.. --- 0"" s:J "" I>< 1><' ,. LINE DATA. ~ ,9'0 <). . s:J'fi / .,<<,. 1><'0 !Z! :!:':..-. o' <0'<) .-,-' ,,<<,. . ------------------ ~<:~''Yo. ,~q, .'}..() L1 <N89'50'42"E 250,70'> ;t:>O~ '-Co' '? ",<:,0 ~-,'\ (N89'48;32~'E 250,00') L: ",<:3 L2: <NOO'10'l7"W 45.44'> ' ~ (NOO'11'28:'W) - Cl~ ROS 872-J L3: N23" 42',l'0"wi98,,37' N36'34'57"gRl'/ . O-<l L4 N87' 44.'57"W 215.90' ---- ~ . . L5: <Nl Z22:57"W 134.33'> " ..... (N 12'23' 40''w 134,34') L6. <N19'17'05"E 143.14'> (N26'12',50"E 143.49') CURVE DATA. -------~~----------------- . . . Cl R=1030.00' DLT=3:20'16" L=60.00' -'. - -.' - - . (R=1030.00' D[T;3'20'17", L=60:01' PER DOC. NO 2005-0645033 AND ROS 13196) ( ). INDI8ATE$RE~ORD PERi DOC. NO 2005-0645033, O,R, d~1~ < > INDICATES RECORD PER REGORD OF SURVEY MAP 13196 4-/)-t?}? OP ESMT.DWG