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Conservation Easement Deed 2005-0567630 r- ,~ - ' , ....~ :-n " ; FIDELITY "'^""'NAl TITLE COI\NY 11111111.lffll~IIIIIIII~~IIII~I\~ ~I~ Wlllililllllllll SUBDIVISll,,' ,6PARfMENTI RECORDING REQUESTED BY Fi? ~ CITY OF POWAY AUG 09. 2006 419 PM WHEN RECORDED MAIL TO: Iq p OFFID.<:..L HEUJR[I' ~. oC.NA ("I.:.,N [IIEGel CI]UNT'I F:ErOR[IEF:'C OFF!CE I_~F-:Ei':-'OF:"I ,I I~MITH DJIJ~JT I F:EU IF:LI[F: CITY CLERK NF FEE'; nlYI CITY OF POWAY oe. I'i." ~ F'C'J'c;E'; 1'3 ~ POBOX 789 POWAY CA 92074-0789 I 111111 11111 1111111111 11111 11111 11111 III!I 11111 11111 II 11111111111111111111111111 APN g" P~S5 2006~O567630 APNs: 323-090~59-00 and 323-090-67-00 PROJECT NUMBER. TTM-04-02 and DR 05-11 17464 CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSERVATION EASEMENT DEED (CED) is made this 25th day of July, 2006, by Ted R. Neher, III, Darlene H. Neher, Gregg l. Bra"ndalise, and Tina L. Brandalise ("Grantor"), in favor of City of Poway . , ("Grantee"), acting by and through its Development Services Department, with reference to the following facts. RECITALS A. Grantor is the sole owner in fee simple of certain. 'real property in the City of Poway, County of San Diego, State of California, more particularly described in Exhibit 'A' CEO "A" as referenced in Exhibit "B", Exhibit 'A' CED "B" as referenced in Exhibit "B", Exhibit 'A' CED "C" as referenced in Exhibit "B" f for a portion of the southerly 10 acres of.the westerly 20 acres. ,and Exhibit 'A' CED "A" as referenced. in Exhibit "B", Exhibit 'A' CEO "B" as referenced in Exhibit "B", Exhibit 'A' CED "C" as referenced in Exhibit "B" for a portion of the southerly 1 0 acres of the easterly 20 acres. attached hereto and incorporated by this reference (the "Property") B The Property possesses wildlife and habitat values (collectively, "conservation values") of great. importance to the Grantee, the.people of the City of Poway, the people of the State of California, and the people of the United States. C The Property provides high quality Coastal Sage Scrub and is located within the City of Poway Subarea of the Multiple Species Conservation Program (MSCP) and Biological Core Linkage Area (BClA) known as the South Poway Cornerstone. This BClA contains a local corridor, which is a component of the regional corridor connecting preserve lands in the east to Penasquitos Canyon in the west. Coastal Sage Scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species list. A farl)ily of California Gnatcatchers was observed on-site. Conservation of this Property therefore will preserve the habitat of a protected species. D The City of Poway is authorized to hold conservation easements for the preservation ofland 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 Civil Code Section 815.3(b). E. The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to CDFG 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 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 a total of 8.57 acres of land Hfat contains Coastal Sage Scrub located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area on the same site of the project site. A separate, yet related, Conservation Easement ble/llo '-- -- " . . Conservation Easement Deed 1'7465 Page 2 Deed over Assessor's Parcel Number 278-210-18-00, would preserve an additional 6.45 acres of Coastal Sage Scrub or similar quality habitat off-site. Combined, the two conservation easements w()uld provide the required protection of 15.02 acres of land that contains 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 the Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's removal of a total of 7.3 acres of Coastal Sage Scrub from the project site through the on-site mitigation of 8.57 acres of Coastal Sage Scrub and the off-site mitigation of 645 acres of Coastal Sage Scrub or similar quality habitat as discussed in Item G above. I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the conservation values of the property in accordance with the terms of this Conservation Easement for the benefit of this generation and the generations to come. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq , Grantor hereby voluntarily deeds and conveys to Grantee conservation easement in perpetuity over the Property of the nature and character and to the extent' hereinafter set forth ("Easement"). 1 Purpose. The purpose of this Conservation Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of. the Property that will materially impair or interfere with the conservation values of 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 conservation purposes of this Conservation Easement. 2. Riqhts of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee and the State of California Department of Fish and Game as a third party beneficiary of this easement by this Conservation Easement Deed: la) 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 Grant'ee or its designees; and CDFG and its designees. (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and sustain the biological resources of the Property; and (d) To enforce by means including, injunctive relief, the terms and conditions of the Easement. 3 Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this Conservation Easement and not' specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, -..' . . COnservation Easement Deed 1'7466 Page 3 and third parties, are expressly prohibited unless specifically provided for through the Poway Subarea Habitat Conservation Plan/NCCP la) 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 Deed; (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; Id) Erection of any building, billboard, sign; Ie) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; If) Otherwise altering the general topography of the Property, including building of roads or changing the grade of the Property; Ig) 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. Ih) Planting of trees or other vegetation except by written permission from the City of Poway 4 Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under Section 2 of this Conservation Easement. Grantor further covenants that maintenance of the Property, to wit: clean up of all trash and debris, shall be the Grantor's responsibility 5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Conservation Easement. 6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee;shall give written notice to Grantor. of such violation and demand in writing corrective action sufficient to curEl 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 irthe cure reasonably requires more than thirty (30) days to compl.ete 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, orJor other equitable relief, including, but not lim,ited to, the restoration of the Prgperty 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 - , . . Conservation Easement Deed 1'746., Page 4 terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation of the terms oUhis Conservation Easement is the injunctive relief described in this section, both prohibitive and mandatory" in'. addition t6 such other relief to which Grantee may be entitled, including specific performance of. 'the terms ,of this Conservation Easement in each case, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in 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 transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil. Code Section 815.7, the California Attorney General or third-party entitles organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same 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 CDFG to exercise its rights under this Conservation Easement by Grilntor 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 of Grantee and CDFG to bring any action against Grantor for any injury to change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, and earth movement, or any prudent action'taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4 Department.. of Fish and Game Riqht of Enforcement. All rights and remedies conveyed to Grantee under this 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 EasementDeedarea 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 obtain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their installation. 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 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 . . Conservation Easement Deed 1 '7 A ~e5 ~68 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 9.1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, employees, age~nts, 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 without limitation, reasonable attorneys' fees, arising from orin 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 related to or occurring on or about the Property, regardless of cause; (2) the obligations specified in Sections 4, 9, and 9 1, and (3) the existence or administration of this Conservation Easement. 9.3. Condemnation. The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700 10 Assiqnment. This Conservation Easement may not be transferred, assigned, or extinguished without the prior written' approval of CDFG Grantee may assign its rights and obligations under this Conservation Easement only to im 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 of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee or the CDFG of the intent to transfer any'interest at least forty-five (45) days prior to the date of such transfer Grantee shall have the 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, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postag'e 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' Ted R. Neher, III and Darlene.H. Neher Gregg L Brandalise and Tina L Brandalise POBox 253 Poway, CA 92064 To Grantee: City of Poway POBox 789 Poway CA 92074 ~ :t . . COnservation Easement Deed 1 '7469 Page 6 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 Conserva,tion Easement Deed may be amended by Grantor and Grantee only by mutual written agreement approved in writing by CDFG Any such amendment shall be consistent with 'the purposes of this Conservation Easement and, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. 14 Recordation. Grantor ,shall promptly record this instrument in the official records of San Diego County, California and immediately'notify the Grantee and CDFG through the mailing of a confirmed copy of the recorded easement. 15. General Provisions. (a) Controllino Law The interpretation and performance of this Conservation Easement shall be go\iernedby the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement Deed shall be liberally construed in favor of"the deed to effect the purposes of this Conservation Easement Deed 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. Ie) 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 shall continue as a servitude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall also benefit CDFG (g) Termination of Riohts and Oblioations. 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 . . COnservation Easement Deed 1';4';0 Page 7 (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 Grante'e; 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. OJ Modification. This Easement is not subject to modification or amendment except in writing and signed by Grantor Grantee and CDFG or their permitted successors or assigns. (k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by reference. (I) Appropriations. The duty of the City of Poway and CDFG to carry out their respective obligations 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, Grantor and Grantee have entered into this Conservation Easement the day and year first above written. GRANTOR: By' fL01L- Neher, Property Owner By ~\{~ Gregg L Brandalise, Property Owner------ By' ~ ,d {J<<---( ~ Ti L. Brandalise, Property Owner Approved as to Form. Office of the City Attorney Lisa Foster, Interim City Attorney By ~4~~ Lisa Foster, Interim City Attorney . . 1 '74'71 CALIFORNIA ALL-PURPOSE ACKt.iOWLEDGMENT State of California County of ~ariDiego On j/tl.y ,2 j~ 2. 00(;7 before me, Phyllis Shinn, Notary Public Date . #2:7It!:.7? III. L -a- iVt :-r, , personally appeared"1;i 0.~t~t; L, &?9/1:'DiiL/5t--r;'m'):1~~';(~1i>V'!f I..., ;' .4;IJD..qL/S&- Dpersonally known to me -OR - ~oved tome on the/basisof sa,tisfadory evidence.to be the person(s) whose name(s)~are'subscribed to the within instrument and acknowledged to me that l;re/s~/they executed the ~ - - - - - - - - - - - '- J same in~~hWtheir authorized capacity(ies), and that by @ - - """'t'"""'g",,""").M .""""me",., ".""), ". . Commission'" 1450304 I or the entity upon I:>ehalf of which the person(s) acted, Z . -. . Notary PublIc, Callfomla executed the instrument Z . San DIego coUnty -:. . ~ MyCornm. EllP18SNov9, 20071 __ _ _ _ _ _ _ _ .,:_ _. WITNESS my hand and official seal. /l 1 (J ! ': , 1-4.s;;{ /(/I"V7_____ Though the information below is not reqUirf}dHjt law, it, may prove valuable topersons;relying on the document and could prevent 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: D Individual D Individual DCorporateOfficer D Corporate Officer Title(s): Title(s):. D Partner-,D.Limited DGeneral D Partn~er:"'" D Limited D General D Attorney-in-Fact D Attorney'in'Fact D Trustee' D Trustee D Guardian or Conservator D Guardian or Conservator RIGHT THUMBPRINT , OF SIGNER ' D Other: Top of thumb here D Other' Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary AsSoCiation. 8236 Rammel Ave."p.O~ Box 7184. Canoga Park; CA 91309-7184- Prod. No. 5907 Reorder. Call Toll-Free F80o-876-6827 . . Conservation Easement Deed 1'74'72 Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement Deed by Te~ R. Neher, III, Darlene H. Neher, Gregg L. Brandalise, and Tina L. Brandalise, dated p a. 0 to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third arty 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. ::YO~~ ~~ Title: L Diane'Shea Citv Clerk Authorized %resentative Date 7/:J 7 o~ . M:\planning\oda\TTM04-02 bio conservation easemenlll,doc . . , EXHIBIT 'A' 1 '74'73 BIOLOGICALCONSERV A TION EASEMENT "A" AS REFERENCED IN EXHIBIT "B" A PORTION OF THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19;TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 2 I, 2003, AS DOCUMENT NUMBER 2003-1022777, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE WESTERLY ALONG THE SOUTH LINE THEREOF, NORTH 88054'43" WEST 597.86 FEET TO THE SOUTHWEST CORNER OF SAIDSOUTHERL Y 10 ACRES, THENCE NORTHERLY ALONG THE WEST LINE THEREOF, NORTH 0000'05" EAST 6 I 6.25 FEET TO THE NORTHWEST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE EASTERLY ALONG THE NORTH LINE THEREOF SOUTH 89015'51" EAST 125.88 FEET, THENCE LEAVING SAID NORTH LINE SOUTH 0050'21" WEST 3 42 FEET TO A POINT ON A NON-TANGENT 46.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 24045'19" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41' 51'18" A DISTANCE OF 33 06 FEET, THENCE SOUTH 12017'36" WEST 14.91 FEET TO A POINT ON A NON"TANGENT 316.00 FOOT RADIUS CURVE CONCA VE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 81053'44" EAST, THENCESOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10031'15" A DISTANCE OF 58.02 FEET TO A POINT ON A NON-TANGENT 101.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 73 '26'34" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30'25'08" A DISTANCE OF 53 62 FEET TO A POINT ON A NON- TANGENT 10000 FOOT CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 73'15'26" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 039'06", A DISTANCE OF 72.70 FEET TO A POINT ON A NON-TANGENT 487 00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 64 0 I 1'44" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8046'02", A DISTANCE OF 74.52 FEET TO A POINT ON A NON~TANGENT 100.00 RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 65041'24" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45017'26", A DISTANCE OF 79 05 FEET, THENCESOUTH 72031'51" EAST 16.81 FEET, THENCE SOUTH 78042'50" EAST 43.3l.FEET TOA POINT ON A NON-TANGENT 10100 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 8042'08" EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 84'10'57", A DISTANCE OF 148.40 FEET, THENCE NORTH Ilo19'58" EAST 11.51 FEET, THENCE NORTH 77015'21" EAST 30.07 FEET TO A POINT ONA NON-TANGENT 8 I 00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE, FROM SAID POINT BEARS NORTH 77'20'17" EAST, THENCE Page I of 5 . . 1'74'74 SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12003'40", A DISTANCE OF 17.05 FEET, THENCE SOUTH I oOT09" WEST 86.39 FEET TO A POINT ON A NON-TAN,<.JENT 11400 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 72053'13" EAST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65048'34", A DISTANCE OF 131 47 FEET, THENCE SOUTH 84 024'03".EAST 46.29 FEET, THENCE SOUTH 81029'55" EAST 65ATFEET ON THE EAST LINE OF SAID SOUTHERLY 10 ACRES, THENCE SOUTHERLY ALONG SAID EAST LINE SOUTH 0046'35"WEST 167.60 FEET TO THE POINT OF BEGINNING. AS MORE P ARTICULARL Y SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A APART HEREOF TOTAL AREA IS 4.31 ACRES MORE OR LESS. PREPARED BY NICKSERVIN dk ., , , -, - RCE #33538, EXPIRATION DATE. 06/30/2008 Page 2 of 5 . . 1 '11'75 EXHIBIT 'A' BIOLOGICAL CONSERVATION EASEMENT "B" AS REFERENCED IN EXHIBIr"B" A PORTION OF THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 21, 2003, AS DOCUMENT NUMBER 2003;\022777, DESCRIBED AS FoLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE SOUTHERLY ALONG'THE EAST LINE THEREOF SOUTH 0046'35" WEST 47.53 FEET TO THE TRUE POINT OF BEGINNING, BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE SOUTHERLY ALONG THE: EAST LINE THEREOF SOUTH 0046'35" WEST 14441 FEET TO A P01NT ON A NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 5028'52" WEST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2r53'47", A DISTANCE OF 37 98 FEET, THENCE SOUTH 70'12'32"WEST 71:98 FEET TO A POINT ON A NON-TANGENT 43100 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 19u47'40" EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'00'08", A DISTANCE OF 75.24 FEET TO A POINT ON A NON- TANGENT 81 00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 24045'19" EAST, THENCEWESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9u42'25", A DISTANCE OF 13 72 FEET, THENCE NORTH 81 '56'41" WEST 45.37 FEET TO A POINT ON A NON-TANGENT 10000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 860[2'49" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'03'48", A DISTANCE OF 68.18 FEET, THENCE NORTH 51' 00'08" EAST 6.00'FEET, THENCE NORTH.30'14'34" EAST 18 00 FEET, THENCE NORTH Ir07'36" EAST 9.58 FEET TO A POINT ON A NON-TANGENT 2300 FOOT RADIUS CURVE CONCA.VE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 72027'38" WEST, THENCE NORTHERLY ALONG SAID CURVE . . THROUGH A CENTRAL ANGLE OF 59006'39" A DISTANCE OF 23 73 FEET, THENCE NORTH 380 1 (j~31 "WEST 26.86 FEET TO A POINT ON A NON-TANGENT 80 00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 82056'35" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36017'16" A DISTANCE OF 50.67 FEET TO A POINT ON A NON- TANGENT 61 00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 53036'28" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'08'42" A DISTANCE OF 23.58 FEET TO APOINT ON A NON-TANGENT 68.00 FOOT RADIUS CURVE CONCA VE SOUTH- WESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 42038'36" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE Page 3 of 5 . . OF 2003.1'03", A DISTANCE OF 24.35 FEET, THENCE SOUTH 89015'51" EAST 25.89 :t ';1';0 FEET, THENCE NORTH 0036'10"EAST 5 00 FEET ON THE NORTH LINE OF SAID SOUTHERLY 10 ACRES, THENCE EAST ALONG SAIDN0RTH LINE SOUTH 89015'51" EAST 29504 FEET TO THE POINT OF BEGINNING.. As MORE P ARTICULARL Y SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A APART HEREOF PREP ARED BY NICK SERVIN RCE #33538, E PlRA nON DA TE:06/30/2008 ...........~'- --- Page 4 of 5 . . EXHIBIT' A' 1 '71'7'7 BIOLOGICAL CONSERVATION EASEMENT "C" AS REFERENCED IN EXHIBIT "B" A PORTION OF THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 21, 2003, AS DOCUMENT NUMBER 2003-1022777, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHERLY 10 ACRES; THENCE SOUTHERLY ALONG THE EAST LINE THEREOF SOUTH 0046'35" WEST 47.53 FEET, THENCE NORTH 890] 5'51" WEST 606.] 9 FEET TO THE WEST LINE OF SAID SOUTHERLY 10 ACRES, THENCE NORTHERLY ALONG THE WESTERLY LINE NORTH 00000'05" EAST 47.53 FEET TO THE NORTHWEST CORNER OF SAID 10 ACRES, THENCE EASTERLY ALONG THE NORTH LINE OF SAID 10 ACRES, NORTH 89015'51" WEST 606.83 FEET TOTHE POINT OF BEGINNING. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A APART HEREOF TOTAL AREA IS 0.66 ACRES MORE OR LESS. Page 5 of 5 - III~ EASEMENT 'e' S 89'15'51'"( 125.88' S 89'15'51' E 606,83' POINT' OF BEGINNING S 00'50'21' \I 3:42' EASEMENT He' EASEMENT 'B L=S 24'45'19' I M ~41'51'18' 46.00' 33.06' N 89'15'51' 'vi 606.19' POINT OF BEGINNING If) S t2~17'36'\1 14.91' t:J::j @ S 89'15'51' E 295.04' r-:: RL-S 81~53'44' E C ..,. , B' D =10'31't5' 3t6.00 58.02' f---i XO RL=S 73'26'34' E D ~ 0l.. e~ =30'25'08' 101.00' 53.62' I RL=S 73'15'26' E ICG) / / @, " -41'39'06' 100.00' 72.70' CJ '<t ft--~ (p~ RL=N 64'11'44' E CI , =08'46'02' 487.00' 74.51" ~: ~~ EASEMENT 'Bu - RL=N 65'41'24' E f---i 45~17'26' 100.00' 79.05' n ~ ~@ S 72'31'5t' E. 16.81' S78'42'50' E 43.3t' J> 1 RL=N 8'42'08' E .- 84'10'57' IOWO' t48AO' 1 I(j) ~@l I<UJIN.11't9:58' E 11.51' ~~ ~~~0 II ~. 77:15'21' E 30.07' I @...--- RL=S 77'20'17' E rrlB ...-- - - {9 \ I /LF12'03' 40' 81.00' 17.05' ~ in ~ ~/ \ \ ;:.., _I S..01'07'09' \I 86.39' D (CJ RL=N 72'53'13' E X:Z '1 \0 ~~~--\ ~ ~ /LF65'48'34' 114.00' 131.47' - Ie/) ~ \01 S 84'24'03' E 46.29' w \' S 81'29'55' E 65.47' JTl. .1 ,C!:) I CD / KD ~~ S 0'46'35' \I 167.60' I-----l :::;::0 LD S 0.46'35' I,J 144.41' <=> ~@:: - / 10- "'M RL -S 5'28'52' \I tcJ< 6 ~~ C>=27'53'47' 78.00' 37.98' '" , \@ = ' S .70'12'32' \I .71.98' I-----l J> '" z ~1 RL"S:a9'47'40' E -1----1 -10'00'08' 431.00' 75.24:' . 1 RL=S'24'45'19' E f---i 1 '- I -:-9'42'25' 81.00' 13.72' D "- @~ -~ N 81'56'41' \I '45.37' ~. --, N RL=S86'12'49' \I -39'03'48' 100.00' 68.18' tel EASEMENT uN N 51'00'08' E 6.00' ~I'I N 30'l4'34' E 18.00' N 17'07'36' E 9.58' J> RL=N 72'27'38' \I e/) -59'06'39' 2100' 23.73' 1'1 N 38'10'31' \I 26.86' RL cS 82:56'35' \I :::s;:: -36'17'16' 80.00' 50.67' JTl EASEMENT 'A' RL=S 53'36'28' \I POINT OF BEGINNING ~22'08'42' 61.00' 23.58' :z - - - - - - N 88'54'43' 'vi 597.86' RL=S 42'38'36' \I ~ --i 100 50 0 100 200 /300 I ~20'3J'03' 68.00' 24,35' " I 1 I I I I S 89'15'51' E 25.89' I.!::t,. APN: 323-090-59 o N 0'36'10' E 5.00' N SCALE 1" = 100' co . . EXHIBIT ~A' .1 '7479 BIOLOGICAL CONSERVATION EASEMENT "A" AS REFERENCED IN EXHIBIT "B" A PORTION OF THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14S0UTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 2003, AS DOCUMENT NUMBER 2003~0994750, DESCRIBED AS FOLLOWS BEGINNINGA T THE SOUTHEAST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE WESTERLY ALONG THE SOUTH LINE THEREOF, NORTH 88054'43" WEST 652.69 FEET TO THE SOUTHWEST CORNER OF SAIDSOUTHERL Y 10 ACRES, THENCE NORTHERLY ALONG THE WEST LINE OF'SAID SOUTHERLY 10 ACRES; NORTH 0046'35" EAST 167.60 FEET, THENCE LEA VINGSAID WEST LINE SOUTH 81029'55" EAST 44.55 FEET, THENCE SOUTH 83012'45" EAST 165.88 FEET, THENCE SOUTH 8rono" EAST 27.92 FEET TO A POINT ON A NON-TANGENT 133 00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 01 '57'39" WEST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26009'16" A DISTANCE OF 60 71 FEET TO A POINT ON A NON- TANGENT 284 00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 8005'41" WEST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19"03'57", A DISTANCE OF 94.50 FEET, THENCE SOUTH 83048'54" EAST 3711 FEET, THENCE SOUTH 75043'45" EAST 30.29 FEET, THENCE SOUTH 58016'05" EAST 80 03 TO A POINT ON A NON-TANGENT 10100 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 29036'11" EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81036'23" A DISTANCE OF 143.86 FEET TO THE EASTERLY LINE OF SAID SOUTHERLY 10 ACRES, THENCE SOUTHERLY ALONG SAID EASTERL YLINE SOUTH 0046'35"WEST 13772 FEET TO THE POINT OF BEGINNING. AS MORE P ARTlCULARL YSHOWN ON EXHIBIT "B" A TT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF TOTAL AREA.IS 2.15 ACRES MORE OR LESS. PREPARED BY NICK SERVIN i/~ ~1 RCE #33538, EXPIRATION DATE. 06/30/2008 Page I of 3 . . EXHIBIT 'A' 1'7480 BIOLOGICAL CONSERVATION EASEMENT "B" AS REFERENCED IN EXHIBIT "B" A PORTION OF THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 15,2004, AS DOCUMENT NUMBER 2004-003282, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAIDSOUTHERL Y 10 ACRES, THENCE SOUTHERLY ALONG THE EAST LINE THEREOF SOUTH 0046'35" WEST 33742 FEET TO A POINT ONA NON-TANGENT 40,00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 89058'18" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18023'43", A DISTANCE OF 12.84 FEET, THENCE NORTH IY I 7'12"WEST 34.52 FEET, THENCE NORTH 7026'23" WEST 8.61 FEET, THENCE NORTH 39041'12" EAST 10.65 FEET, THENCE NORTH r23'37" EAST 10.36 FEET, THENCE NORTH 0053'17" EAST 48.36 FEET, THENCE NORTH 45026'01 "WEST 33.84 FEET TO A POINT ON A NON-TANGENT 94 00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 82005'21" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 026'25", A DISTANCE OF 3518 FEET, THENCE NORTH 1016'26" EAST 5 89 FEET TO A POINT ON A NON-TANGENT 1700 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 82025'32" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61 034'05", A DISTANCE OF 18.27 FEET TO A POINT ON A NON-TANGENT 10500 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS, SOUTH 88035'46" WEST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78030'30", A DISTANCE OF 143.87 FEET, THENCE NORTH 49014'13" WEST 4004 FEET, THENCE NORTH 60046'32" WEST 18.38 FEET, THENCE NORTH 78055'00" WEST 2375 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHERLY 10 ACRES, THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 89015'51" EAST 200 71 FEET TO THE POINT OF BEGINNING. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF TOTAL AREA IS 0.35 ACRES MORE OR LESS. PREPARED BY NICK SERVIN r~~ $./IL--- RCE #33538, EXPIRATION DATE. 06/30/2008 Page 2 of 3 . . EXHIBIT' A' 1 '7481 BIOLOGICAL CONSERV A nON EASEMENT "C" AS REFERENCED IN EXHIBIT "B" A PORTION OF THE SOUTHERLY 10 ACRES OF niE EASTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 14 SOUTH, RANGE I WEST,iSAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN.DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 15,2004, AS DOCUMENT NUMBER 2004-003282, DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHERLY 10 ACRES, THENCE WESTERLY ALONG niE NORTH LINE THEREOF NORTH 890 IS'S I" WEST 27590 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 22034'49" EAST 8.77 FEET, THENCE SOUTH 74024'42" WEST 27 98 FEET TO A POINT ON A NON-TANGENT 3300 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 16000'15" EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5r41'07", A DISTANCE OF 30.34 FEET, THENCE SOUTH 45023'01" WEST 8.03 FEET TO THE EAST LINE OF THE POW A Y MUNICIPAL WATER DISTRICT ACCORDING TO DOCUMENT 80-176326 RECORDED JuNE 2, 1980 O.R., THENCE NORTHERLY ALONG SAID EAST LINE NORTH 00 46'35" EAST41.63 FEET TO THE NORTflEAST CORNER OF SAID WATER DISTRICT LAND AND THE NORTH LINE OF SAID SOUTHERLY 10 ACRES, THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 89015'51" EAST 50.38 FEET TO THE TRUE POINT OF BEGINNING. AS MORE P ARTICULARL Y SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF TOTAL AREA IS 0.02 ACRES MORE OR LESS.. PREPARED BY NICKSERVIN _~~~./_ RCE #33538, EXPIRA nON DATE. 06/30/2008 Page 3 of 3 T EASEMENT 'C' $ 89'15'51' E 125.88' POINT OF BEGINNING, $ 00'50'21' \I 3.42' S 89'15'51' E 606.83' ........\ L -$ 24'45'19"' E . " ENT 'en EASEMENT 'B' Ll.=41'51't8' 46.00' 33.06' EASEM POINT OF BEGINNING $ 12't7'36'\I 14.91' tD fii:\ N 89'15'51' 'vi 606.19' S 89'15'51' E 295.04' RL-$ 81'53'44' E f----i \QI C =10'31't5' 316.00 58.02' . i1iiiilI, D RL=$ 73'26'34' E D \1/"\ ~~< , 30'25'08' t01.00' 53.62' .-- ,'-'<1 AM:? Z RL=$ 73'15'26' E I - .(f).L ~ y @ I'- -41'39'06' 100.00' 2.70' D I / / \ '<t RL=N 64'11'44' E (Ii) .@.. _ -::!. {9 'J, =08'46'02' 487.00' 4.' 0 1 ~, u ~ RL=N 65'4t'24' E f----i - -.@l'A'I\ffi EASEMENT B -45'17'26' 100.00' 79.05' ,..---., ~ - -I.U!J~ $ 72'3t'51' E 16.8t' .. . / Q) @ $ 78'42'50' E 43.31' :::r:> - RL =N 8'42'08' E I QO ~ .............. ~ _ 8,4'10'57' 101.00' t48.40' . - - ~ @ N'1l't9'58' E 11.51' I 111""\ ~ ~ ---\"" I N 77'15'21' E 30.07' ~ ~ @ RL=$ 77'20'17' E n \ <ID..../ ~ / @ \ I 12'03'40' 81.00' 17.05' fIl,.---, -/ - - ~@ II $01'07'09' \I 86.39' L-J ~ u-, ~ \ RL=N 72'53't3' E X :z: C\! @ <Sf) tOI \ \ ~ ;:... -65'48'34' 114.00' 131.47' ~ .......... ~ ..0 @-"'/OO>.::! - ..... ::3 $ 84'24'03' E 46.29' -,-........ / ~ ~ I g;D .... i ,- - ~ ::8 ~ $ 81'29'55' E 65.47' ---L I'l \' ~ ~ $ 0'46'35' \I 167.60' f----I w I ~ I / tY) ~ . $ 0'46'35' \I 144.41' /CI In '" ~ CD ('l M RL;$ 5'28'52' \I t:Jj < o "-.... (lJ) ""1 'Y I '# ;;g -27'53'47' 78.00' 37.98' g ~<ID _I - .--/ 0 -- 0 bI $ 70'12'32' \I 71.98' f----I:::r> ' \ '" 1 RL=$ 19'47'40' E -.J ---j o ~.' ~~ ~ RL $ 24'45'19' E f----i ~ I ~9'42'25' 81.00' 13.72' D ",. .-- " '- @ N 81'56'41' \I 45.37' ::::, --Ai - ~ 0 N RL=$ 86'12'49' \I ~ - - 39'03'48' 100.00' 68.18' t:Jj N 51'00'08' E 6.00' I'l EASEMENT 'An N 30'14'34' E 18.00' ~ .......... N t7'07'36' E 9.58' ....J...--'"" RL =N 72'27'38' \I (/) -59'06'39' 23.00' 23.73' I'l N 38'10'31' \I 26.86' RL =$ 82'56'35' \I ::::s:: -36't7't6' 80.00' 50.67' I'l EASEMENT 'A' RL-$ 53'36'28' \I POINT OF BEGINNING =22'08'42' 61.00' 23.58' l..4 :z: - - - - - - RL -$ 42'38'36' \I " ---j N 88'54'43' 1,/ 597.86' 200 1300 I -20'31'03' 68.00' 24.35' ~ 100 50 0 100 1 I $ 89'15'51' E 25.89' CO I I I ION 0'36'10' E 5.00' t,:) APN: 323-090-59 SCALE 1" = 100' ~---S:>