Conservation Easement Deed 2007-0206044
- :. -"'. ,j IJ.:# 2iJ07-1)~Ot3(!44
~Wf RECORg:~;~~,~g~~yED BY, I !1I1111111111111111111111111111 lIi[1 !IIIIIIIIIIIIIIIIIIIIIIII illllll
I MAR 27 2007 2:35 PM
..If WHEN.RECORDED,MAIL TO' UFFICL".L F:[COF:['S
I,"'t, ,(1,. -,,::.N [iI!:(li I 1= I] UI'lT'1 riEC{IF:[IER":J Ijl'.I:11 \:
~('l" CITY CLERK C,c"Eb.;,H', '!IITH CCIUl1 r, FIEi .ilm" F:
\':-1\, CIT'( OF POWAY 13'0'2'1 F[,~,: Ur'i~
UP - PO BOX 789 , ' P",~[, 14
POW A Y CA 92074-0789 i II11I1I1111111111111I 11111111111111111111111111111111111111111111111111111111II
APNs: 321-100-01
321-100-08
PROJECT NUMBERS' TTM 03-02
ACP 06-01
CONSERVATION EASEMENT DEED
No Documentary Transfer TaxDue
71''- 't-""
THIS CON::;ERVA TION EASEMENT DEED is made this ' day,of t=eb 2006, by
tJ dfQ'l.li'O,1'IT De.J _ roUe. ("Grantors"), in ravor 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 or certain real property in the City of Poway, County
of San Diego, State oflCalifornia, rl)oreparticularly 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 or California, and
the people or"the United States,
C The Property provides high quality coastal sage scrub and Chamise chaparral. Coastal
sage'scrub isthe habitat of the Californ'ia Gnatcaicher, which is listed as:athreatened species on the Federal
Endangered Species list.
D The City of Poway is auihoriz'!'dto hold conservation easements for the preservation or land
in its natural, scenic, agricultural, historiC'll; forested, or open space condition, The City of Poway has
authority to hold easements for these purposes pursuant to'Californfa 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 ttie conservation, protection', .and
management offish, 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, enhancernenLana managernent of fish, wildlife and native plants and
the habitats on whicti they depend Under the Endangered Species Act, 16 U SC section 1531 et seq,
(ESA), the Fish:and Wildlife Coordination Act, 16 U SC Sectior"661-666c and other applicable laws.
G, 'This, Conservation Easement provides, ,protection for a minimum of 11 4 acres of land,
including a rninimum of 8 acres of coastal 'sage scrub, located,within the City of Poway's Subarea 'Habitat
Conservation Plan/NCCP Focused Planning Area,
H. Grantor intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee perrnitting Grantor:s removal of 8,4 acres of coastal sage scrub,
133 acres of Charnisechaparral, and 0,58 acres of disturbed habitat.
o-,(--Or~
, . .
,
Conservation Easement Deed 13028
Page 2
I. Grantee agrees liy accepting this grant to honor the intentions of Grantor stated herein and
to preser'ie,arid 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 andthe;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 preventany 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
preservatiol1 and enhancement of native species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
2. Riqhts or 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 ofFish 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; arid 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 ofthe 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,
(c) Grazing or surface entry for exploration or extraction of minerals;
. .
13029
Conservation Easement Deed
Page 3
(d) Erection of any building, billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(I) 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 root trails or roads, or (3) prevention or
treatment of disease,
(h) Planting of Irees 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 or 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 rightto'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 or the terms or 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 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 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
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, 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 or the
terms of this Conservation Easement. Grantor and Grantee ag[ee that Grantee's remedies for any viblation
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 whic~ 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 equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq"
inclusive.
If at any time in the future Grantor or any subsequent transreree uses or threatens to use
such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section
. .
Conservation Easement Deed 13030
Page4
'815,7, the California Attorney 'General ,or third-party entitles organized for conservation purposes have
stariding 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
6.2, Grantee's Discretion, Enforcement of the terms of this Conservation Easement by
Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFGto'exer'cise 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 Grantor's Control. Nothing contained in this Conservation Easement
by Grantee shall be at the discretion ofGraritee 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 or USFWS,
6,5, 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 rencing shall also include
posts and 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 signs priorto their installation,
7 Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance with the terms arid conditions as set forth herein.
8, Access, This Conservation Easement does not convey a generai right of access to the
p'ublic; however"after receiving approval from Grantor, not to be unreasonably withheld, 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 or title and documentation review, and costs related to the
ownership, operation, upkeep, and maintenance ofthe Property
9 1 Taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whalever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result or, 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
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
. . 13031
Conservation, Easement Deed
Page 5
'V;lithout limitation, reasonable attorneys' fees, arising from or in,any way connected with: (1) injury to or the
death ohmy 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 Condemnation, The purposes of Ihe Conservation Easement are presumed to be
the best and most necessary public use as defined at Cod~ 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 withouUhe 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 815,3, Grantee shall require the assignee to record the
assignment in the county where the Property is located.
11 Subsequent Transfers, Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a
portion 6f the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee or the CDFG of the, intent to transrer any interest.at least forty-five (45) days prior to
the date of such transrer 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 limit its enforceability in any way Grantor shall
not grant additional easements or other interests in the property without the prior written authorization of
Grantee and CDFG,
12. Notices, All notices, demand,S, 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 giveri five (5) days after deposit in Ihe 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' NorthPoint Development, Inc:
402 West Broadway, Suite 2175
San Diego CA 92101
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 Easernent 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 hot affect its perpetual duration, Any such
amendment shall be recorded in the official'records or San Diego County, State of California,
. .
Conservation Easement Deed 13032
Page 6: 14 Recordation, Grantor shall promptly record this instrument in the official records of San
Dieg'oCounty, 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 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) 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 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 rorfeiture or reversion of
Grantor's title in any respect.
(I) Successors, The covenants, terms, co~ditions, 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 shall continue as a servitude running in
perpetuity with the Property These covenants hereunder benefiting Granlee 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 instrumElnt 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 9gainstany 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,
(k) Exhibits, All Exhibits referred to in this Easement are attached and incorporated
herein by reference,
. .
Conser:valion;Easemenl Deed 13033
Page 7
(I) 'Aoorooiiatioris,.The duty of the City ,of ~OW?y and CDFG to carry out their
respective obligations unde'r this Easement shall be subject to the\availability of appropriate funds,
(m) Effective Date, This Easement shall be;eifective upon recording with the San Diego
County Recorder's Office,
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day'andyear first above written,
GRANTOR:
Bruce E. Tabb
NorthPoint De~eIOOm..!lnt, Inc
By ~ 1~
Bruce E, Tabb
Approved as.lo Form:
Office of the City, Attorney
::m:;u~
Tamara Smith, City Attorney
,
. .
C6nservaiion Easement Deed 13034
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Northpoint Development,lnc" dated Fe.-bl"uan-1 1+l: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;ResoJution No, 34 of the City of Poway on January 20, 1981
GRANTEE, City of Poway
BY~~~
Title: L. Diane Shea. Citv Clerk
Authorized Representative
Date, $jJtJ /07
, ,
M;\planning~ason\viewpointestatesBCE ,doc
. .
13035
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
I, State of California }
County of ---:'SA f\ 0, E B i) ss.:
I I
On f (b/2..lAA~J 'I, [)"Oo b before me, -;:r (f1,;~:l! ~, fo,;;Jl e",~~':!o!,~ P~' ' N6tA~1 P. ~
personally appeared f3 f!.. I ~ (, FE. T A bb ,
Name(s) ril S'9ner(s)
),(personally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed tathe within instrument and
1- - ~ - ~~::~ -, acknowledged, to me that he/shehhey executed
CCIl ,'. .,_....... the same In his/her/the" authonzed
, -- 't (') d th b h' /h /th'
- 'Pt.dc'.CaiomIa capacl Y les, an at Y IS sr elf
~~ NaIaIy, San Diego, ,CCXIIlIV' f signature(s) on the instrument the person(s), or
j_ M\lComm.ElJ*8SApr27.2008 the entity upon behalf of which the person(s)
__ _ _ _ __ _ __ __ __ __ __ _ acted, executed the instrument.
~NESS my han, d and official, seal.
. v~,-Ji,-,~ ~
Slgnalur~ofNOil'YPubl,c -
,I
OPTIONAL I
Though the information below is not.req/Jired by law, it may prove valuable to persons relying on rhe document and could prevent 1
fraudulent removal and reattachment of this form to another document.
: Description of Attached Document I
Title or Type of Document: (of)<3 E. 6( "A +, ; 1"\ (:' A.) E (l\ E 1\+ DE [J. I
I Document Date: F Eb /2..liI. A R'I '"'I , ~o 6 b Number of Pages: Y :
SigneTls) Other Than Named Above:
I
Capacity(ies Claimed by Signer
I
Signer's Name: . J
o Individual Top of thumb here
I D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney,in,Fact
o Trustee I
o Guardian or Conservator I
D Other' I
I
Signer Is Representing:
@1999NallOlli.l!Nola!}'AssodatjDJJ . 9350 De Solo Ave PO Box 2402 Chalsworth, CA 91313.2402 . wWWnatianalnolary,org Prod. No 5907 Reorder Call TolI.Free '-800-87&-6827
:
. . Page 1 of 3
, 13036
"EXHIBIT A"
LEGAL DESCRIPTION
OPEN-SPACE EASEMENT
EA 06-05
ALL THOSE PORTIONS OF THESOUTHWEST QUARTER'OF THE NORTHWEST QUARTER
OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, 'ACCORDING TO U.S.
GOVERNMENT SURVEY APPROVED JANUARY 13, 1883, MORE PARTICULARLY
DESCRIBED AS PARCELS "A" AND "B" AS FOLLOWS:
PARCEL "A"
COMMENCING AT THE NORTHWEST,CORNEROF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF'SAIDSECTION 5, THENCE EASTERLY ALONG THE NORTH
LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 89049'
36:'EAST 420,55 FEET TO TH[:NORTHEAST CORNER OF PARCEL "A" OF A BIOLOGICAL
OPEN SPACE EASEMENT, RECORDED JULY 17, 2003 AS DOCUMENT 2003-0710697 OF
OFFICIAL RECORDS, SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING.ALONOSAIDNORTH L1NE"SOUTH.890 49' 36" EAST 539,86 FEET
TO A POINT HEREAFTER DESCRIBED AS POINT "A"; THENCE LEAVING SAID NORTH
LINE, SOUTH 240 09' 31" WEST143.31 FEET, THENCE SOUTH 490 39' 54" WEST 171 10
FEET, THENCE SOUTH 29018',58" WEST 169.56 FEET TO THE BEGINNING OF A 100.00
FOOTHADIUS CURVE, CONCAVE EASTERLY; THENCESOUTHERL Y ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 680 30' 26" ADISTANCE OF 119.57 FEET,
THENCE NON-TANGENT TO SAID CURVE, SOUTH 860 43' 07" WEST 18,49 FEET, THENCE
SOUTH 030 35' 33" EAST 34.17'FEET, THENCE SOUTH760 16' 14" EAST 77.97 FEET,
THENCE SOUTH 460 41' 45" EAST 32:66 FEET, THENCE SOUTH 480 29' 29" WEST 101.69
FEET TO THE BEGINNING OF A 100.00 FOOT RADIUSCURVE,CONCAVE EASTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 900 41"51"A DISTANCE OF 158.30 FEET, THENCE TANGENT TO SAID CURVE, SOUTH
42012' 22" EAST 104.04 FEET TO THEBEGINNING OF-A 100.00 FOOTRAOIUS CURVE,
CONCAVE NORTH ERL Y; THENCE EASTERLY. ALONG TH E ARC OF SAI D CU RVE
THROUGH A CENTRAL ANGLE OF 99054' 35" A DISTANCE OF 174.38 FEET, THENCE
TANGENT TO SAID CURVE, NORTH 370 53' 03" EAST 6918 FEET, THENCE SOUTH 650 34'
56" 'EAST 36.36 FEET, THENCE SOUTH 340 12' 05" EAST 42.16 FEET, THENCE SOUTH 000
09'59" EAST 79.22 FEET, THENCE SOUTH 830 12'53"'EAST 16.10 FEET, THENCE NORTH
00017' 08" EAST 189,46 FEET, THENCE NORTH 130 WOFWEST 92.28 FEET, THENCE
NORTH 00029' 27" WEST 55.63 FEET, THENCE NORTH 140,10' 28" EAST 46.00 FEET,
. . Page 2 013
13:037
THENCE NORTH 66045' 03"EAST23.27 FEET, THENCE SOUTH 410 16' 58" EAST 53.18
FEET, THENCE SOUTH 00029'27" EAST 61 17 FEET TO THE BEGINNING OF A 100.00
FOOT RADIUS'CUR.VE, CONCAVE NORTHEASTERLY, THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH,A CENTRAL ANGLE,OF 400 41' 09" A DISTANCE OF 71.01
FEET, THENCE TANGENT TO SAID CURVE, SOUTH 41010' 37" EAST 66,15 FEET TO THE
BEGINNING OF A 100,00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72018'
31" A DISTANCE OF126.20 FEET; THENCE NON'TANGENT TO SAID CURVE, SOUTH 300
50' 42" EAST 35.77 FEET, THENCE SOUTH 71009' 19" EAST 31.24 FEET, THENCE SOUTH
43029: 28" WEST 124,6TFEET, THENCE NORTH 51054' 00" WEST 47.35 FEET, THENCE
SOUTH 76009' 01" WEST 32.10 FEET, THENCE NORTH 71024' 54" WEST 40.60 FEET,
THENCE NORTH460 41' 15" WEST,35.21 FEET, THENCE,NORTH 330 38' 57" WEST 32,91
FEET,'THENCE SOUTH 000 14' 52" WEST 82.12 FEET, THENCE SOUTH 19034' 21" EAST
26.81 FEET, THENCE SOUTH 830 41' 57" EAST 148,63 FEET, THENCE NORTH 430 29' 28"
EAST 191.80 FEET TO THE EAST L1NEOF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, OF SAID SECTION 5; THENCE ALONG SAID EAST LINE, SOUTH
000 16' 35" WEST 295,06 FEETTO THE NORTH LINE OF PARCEL "B" OF SAID BIOLOGICAL
OPEN SPACE EASEMENT, THENCE ALONG SAID PARCEL "B" THE FOLLOWING
COURSES: NORTH 89045' 17" WEST 657.93 FEET, NORTH 14026' 59" WEST 456.42 FEET,
SOUTH 710 28' 47" WEST 138.48 FEET AND SOUTH 82029' 16" WEST 476.65 FEET TO THE
WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 5, THENCE ALONG SAID WEST LINE, NORTH 00047'49' EAST 60.64 FEET TO
THE SOUTH LINE OF PARCEL "A" OF SAID BIOLOGICALOPEN SPACE EASEMENT,
THENCE ALONG SAID PARCEL "A" THE FOLLOWING COURSES: NORTH 82029' 16" EAST
462.11 FEET, NORTH 710 28',47" EAST 136.97 FEET AND NORTH 14026' 59" WEST 631.21
FEET TO THE TRUE POINTOF BEGINNING.
CONTAINING'9.85 ACRES, MORE OR LESS
PARCEL '~B!'
COMMENCING.AT POINT "A" ASDESCRIBEDINABOVE'PARCEL "A"; THENCE ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 5, SOUTH 89049' 36" EAST 21.89FEETTO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89049' 36" EAST
387.95 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 12009' 44" WEST 148.45
. . Page 3013
13038
FEET, THENCE SOUTH 33048' 34" WEST 2103 FEET, THENCE SOUTH 17020' 47" WEST
34,04 FEET, THENCE;SOUTH 050 31' 40" EAST 36,89 FEET, THENCE SOUTH 11055' 04"
WEST 59.07 FEET, THENCE SOUTH 060 39' 47" EAST 16.37'FEET, THENCE SOUTH 12011'
23"WEST 38.10 FEET, THENCE'SOUTH 22014' 39" WEST 36.92 FEET, THENCE SOUTH 330
17' 36:' WEST 3799 FEET, THENCE SOUTH 420 39' 40" WEST 52.78 FEET, THENCE SOUTH
62044' 56" WEST 39,64 FEET, THENCE NORTH 740 53' 55" WEST 29.63 FEET, THENCE
NORTH 88049' 17" WEST 28.27 FEET, THENCE SOUTH 780 11' 13" WEST 49.89 FEET,
THENCE NORTH 15022' 47" EAST 99,41 FEET, THENCE NORTH 550 16' 38" EAST 71.36
FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THEARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 102047' 38" A DISTANCE OF 179,41 FEET, THENCE TANGENT TO SAID CURVE,
NORTH 470 31' 00" WEST 132,BO'FEET TO THE BEGINNING OFA 100.00 FOOT RADIUS
CURVE, CONCAVE SOU1HERLY;' THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRALANGLE OF 82049' 06" A DISTANCE OF 144.55 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 490 39' 54" WEST 24,95 FEET, THENCE NORTH 240 09'
31" EAST 110.29 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,99 ACRES, MORE OR LESS
ALL TOGETHER CONTAINING'11.B4 ACRES, MORE OR LESS
4f ~edr~
MARVIN~. SYLAKOWSKI, P.L.S. DATE.
MY LICENSE EXPIRES 9/30/07
REC JOB# 03-501
MJS-2114106
SCALE.. 1"~ 200' , ~ EXHIBITS .
,
.~ '?Ii"-- PLAT
~~~ , 13039
0 100 200 400 EA 06'-05
NW,.CORNER, S.W. 1/4, N.W. 1/4
SECTION 5' "M'" '" ~ ,.,.., ,,=. "~
P.O.B; PARCEL "A" P.O.B PARCEL B l~
L1 _''- _ _'2.~
-- "-7'- , <0
);}c7 ~ARCEL "B" ,3
T.P.O;B PARCEl "A" \
CO':> (6' .
I \ ~ 'v/ ~ ~
'^ ~ol
~ ~
I \ PARCEL "A" '7[; ~ I
I / < B) 0,
S.W. '1/4 ~\. -0/ '<J'
~r ...'"
N.W. i/4 ~
~
\ . ~
- t) Jf!J I
I -\>0 :1 ~
(Q
0<::-\" 0<</(, \ ~ l60 ,-';0 I
I ? r-0. ,01'\ L61 L59
')..000 l6t::
I \ "q L8 \.7.,\ (
;:J o "'",
L~~ ~
,0 ~'
,
~ , N
^ - '"
I _______. .OD 7 I
L43 -= ....--. '.' . ~' r
<;;l- ....-- ....-- =- fAR~ 'A?{;.o .b > f /\ I
"1- - '^' \ '< '''12 ~
Ll -
<' .] "" <' L:26
SEC-nON 5 \ ~ /'-. ~ I <''-? ~
T 'J4 S r~ ;il <' L.]o ~'J, 'fr
I R 'J W 'it, . s ~Li ""LL29 (~6' v I
I S8M, \ L16~ --/ "I
I <' '~.'. '" J
\>00001,\0 \ PARcEL "A" ..
~ 0/ ..... .
')..00
L_______
I l38 I
I I
I D EASEMENT AREA I
11 84 ACRES, MORE OR LESS
SHT 1 OF 2 JOB NO. 03-501
nm Civil Engineering Environmental
2442 Second Avenue
Son Diego, CA '92101 OPEN SPACE EASEMENT
'(619)232-9200 (619)232-9210 Fox
.f/ Zk.,./Cl.c
f DATE
...- .
, . EXHIBIT B . ILf
. , ' PLAT 13040
.
EA 06-05
LINE TABLE LINE TABLE
LINE BEARING LENGTH LINE BEARING LENGTH
L1' N89'49'36''J 420:55 L48 NI2'09'4,4'[ 148.45
L2 N89'49'36''J 539.86 L49 N33.48'34'[ 2\.03
L3 N24 '09'31'[ 143.31 L50 NI7'20'47'[ 34.04
L4 N49'39'54'[ 171.10 L51 N05'31'40''J 36.89
L5 N29'18'58~[ 169,56 L52 Nl1'55'04'[ 59.07
L6 N86'43'07'[ 18.49 L53 N06.39'47''J 16:37
L7 N03'35'33''J 34.17 L54 NI2'11'23'[ 38,10
L8 N76'16'14''J 77:97 L55 N22'14'39'[ 36,92
L9 N46'4I'4S-'J 32.66 L56 N33'17'36'[ 3799
LID N48'29'29'[ 10\.69 L57 N42'39'40'[ 52.78
L11 N42'12'22''J 104.04 '[58 N62'44:56'[ 39.64
L12 N37'53'03'[ 69,18 L59 N74'53'55''J 29.63
L13 N65'34'56''J 36.36 L60 N88'49'17''J 28.27
L14 N34'12'05''J 42:16 L61 N78'11'13'[ 49.89
L15 NOO'09'59''J 79.22 L62 N15'22'47'[ 99.41
L16 N83'12'53''J 16.10 1::63 N55'16'38'[ 71.36
L17 NOO'I7'08'[ 189.46 L64 N47'3!'OO''J 132,80
L18 N13'16'W'J 92.28 L65 N49'39'54'[ 24.95
L19 NOO.29'27''J :55:63 L66 N24'09'31'[ 1l0.29
L20 N14'IO'28'[ '46,00
L21 N66'45'03'[ 23:27
L22 N41'16'58''J 53.18 i
L23 NOO'29'27''J 6U7
L24 N4I'10,37''J 66:15 CURVE TABLE
L25 N30'50'42''J 35.n CURVE RADIUS DELTA LENGTH
L26 N71'09'19'W 31.24 CI 100:00 68'30'26' 119.5'1
L27 N43'29'28'[ 124:67 C2 100.00 90'41'51' 158.30
L28 N51'54'OO''J '47:35 C3 100.00 99'54'35' 174.38
L29 N76'09'01:[ 32,10 C4 100.00 40'41'09' 71.01
L30 N71'24'54''J 40,60 C5 100.00 72'18'31' ' 126,20
L31 N46'41'15''J 35.21 C6 100.00 102' 4 7'38' 179,41
L32 N33.38:5r'J 32.91 C7 100.00 82'49'06' 144.55
L33 NOO'14'52.[ 82.12
L34 N19'34'21''J 26.81
L35 N83'41'57''J 148.63
L36 N43'29'28'[ 19\.80
L37 NOO'16'35'E 295.06
L38 N89'45'17''J 657,93
L39 NI4'26:59''J 456.42
L40 N71'28'47'[ 138.48,
L41 N82'29'16'[ , 476:65, '
L42 NOO'47'49'[ 60.64
L43 N82'29'16'[ 462,11
L44 N71'28'47'[ 136.97'
L45 N14 '26'59'',,1 631.21
L46 N89'49'36''J 21:89'
L47 N89'49'36''J 38795
SH I 2 OF 2 JOB NO, 03-501
IBJD Civil Engineering Environmental OPEN SPACE EASEMENT
2442 Second Avenue
Son:Diego,. CA 92101.
(619)232-9200 (619)232-9210 Fox
Cbnsultonts, Inc.