Conservation Easement Deed 2005-1027232
, i'
. 2 258 [lC)(' tJ 2005-1 O~~7~~32
i :m:l Ilil li!!lllIllllllli 1111111111 !:III 11111 11111 1111111111111 '
fit
RECORDING REQUESTED BY ~-J0V 29, 2005 45'j PM
CITY OFPOWAY ~k
II! ~-ICL.::.L ~~E~-~ li',LI'
WHEN RECORDED MAIL TO: c:.r'~ !'.~lli_1U 1~IIIIf'Jrl hEI U~iUU:' IIITII'-l::.
r~ lr~i:. ;uF'J.: ,r',-li I H I~CII~'~ I ~1f:L _llil:lr,r:,
FEE' rlllel
CITY CLERK j\lr II, t ~ ,i:.
CITY OF POWAY Hcot I~ '/ 5,.1027232
PO BOX 789 i!l!ij!llli!lIili!11111111111!I!i!IIIIII!III!il!fm~i~li!;:l!iiii:ii,;!ililll
POWAY CA 92074-0789
APN: 314-650,29 :::;pace Above line for Recorder 5 Use Only
PROJECT NUMBER: MDRA 03-23
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
- day of A~I!,
THIS CONSER VA nON EASEMENT DEED is made this / ~ 2005, by Mary M. McCarty
("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" and Exhibit "B" attached hereto
and incorporated by this reference (the "Property").
B. The Property possesses wildlife and habitat values (collectively, "conservation values") of
great importance to the Grantee, the people of the City of Poway, the people of the State of California, and
the people of the United States.
C The Property provides moderate quality Coastal Sage Scrub, high quality Chaparral and an
intermittent stream. Coastal Sage Scrub is the habitat of the California Gnatcatcher, which is listed as a
threatened species on the Federal Endangered Species list Two California Gnatcatchers were observed on
site. Conservation of this property therefore will preserve habitat of a protected species.
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, erih'ancement and management offish, 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 1 63 acres of land that contains
Chaparral and Coastal Sage Scrub located within the City of Poway's Subarea Habitat Conservation
Plan/NCCPFocused 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 permitting Grantor's removal of 1,22 acres of Chaparral and 0 41
acres of Coastal Sage Scrub (1 63 acres total). This is,a partial mitigation measure for such removal of 1.22
acres of Chaparral and 0 41 acres of Coastal Sage Scrub,
ffi-2,1Q
. .
Conservation Easement Deed 29259
Page 2
I. Grantee agrees by accepting this grant to honor th~ intentions of Grantor'stated herein and
to preserve and to protect in perpetuity the conservation values ofthe 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 ana 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 useof'the Property that will materially,impair
or interfere with the conservation values of the Property Grantor i~tends 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:
(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 ~~tforth in section 4, and for scientific
research and interpretive purposes by Grantee or its designees; and CDFG and its designees,
(c) To prevent any activity on or use of the Property that is inconsistent with the
purposes of this Conservation Eas'ement 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,ttiefollowing 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 lierbicides, 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 Po way, and then only over existing roads,
(c) Grazing or surface entry for exploration or extraction of minerals;
. .
29260
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;
(f) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees,shrubs, or other vegetation, except as
required by law for (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease,
(h) Planting oftrees'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, towit: clean.
up of all trash and debris, shall bethe,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 perm it 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 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 Degin 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 ()f competent
jurisdiction to enforce the terms of this Conservation Easement, to recover any damages to which Grantee
may be entitled for violation by Grantorciftheterms 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 WithouUimiting 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 'th,at circumstances require immediate action to
prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its
remedies under ttiis' paragraph without prior notice to Grantor or without.waiting for. the period provided for
cure to expire, Graritee's'rights under this paragraph apply equally to 'actual or threatened violations of the
terms onhis COQservation Easement Grantor and Gran\ee agree that Grantee's remedies for'any violation
of the Jerms. oLthis Conservation Easement is the injunctive relief described in this section, both prohibitive
and mandatory, in aaditionto 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, ef 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
. .
29261
Conservation Easement. Deed
Page 4
815.7, the California Attorney General or third-party entitles organiz,ed 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 Easenrienfshall 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 CDF:G, and any forbearance by Grantee or
CDFG to exercisedts rights underthis 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
Conservatio,n 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 Beyond 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 efnergency 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 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 shal! 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 ManaQementand 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.beunreasonably 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 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 deltnquency 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 uPCln, 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 Harmiess, 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 "Indem,nified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
· 29262-
Conservation Easement Deed
Page 5
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 related to or occurring on or about the Prop'erty" 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 withouUheprior 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 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 anyway 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 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' Mary McCarty
1183 High Bluff Avenue
San Marcos, CA 92708
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
· 29263.
Conservation Easement Deed
Page 6
the purposes of this Conservation' Easement and, shall not affect. it~ perpetual duration, Any such
amendment shall be recoraed in tlieofficial 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) ControllinqLaw 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 Easenient shall be liberally construed in favor of the deed to effect the
purposes ol'.\his Conservation Easenient: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 invaiid.
(c) Severabiiitv If a court of competent jurisdiction voids or invaiidates on its face any
provIsion of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed, II 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 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 01, the parties hereto and their respective
personal representatives, heirs; successors, and assigns and shall continue as a servitude running in
perpetuity with the Property These covenants hereunder benefiting Grantee shall also benefit CDFG
(g) Termination of Riqhts and Obllqations, A party's rights and obligations under this
Conservation Easement shall terininate only upon transf.er 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,
. 29264 ·
Conservation Easement Deed
Page 7
(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 underthis 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
Approved as to Form:
Office of the City Attorney
Tamara Smith, ity Attorney
. 29265 .
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Marv M. McCartv, dated November 15. 2005 to the City of Poway, Grantee, and to the California
Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government
Code Section 27281), is hereby accepted by the undersigned, officer on behalf of the City of Poway, pursuant
to authority conferred by Resolution No 34 of the City of Poway on January 20, 1981
GRANTEE. CitYOfPO~
BY~ ~
Title: L Diane Shea Citv Clerk
Authorized Representative
Date: November 16. 2005
m:\planning\05report\mdra\03-23r mccartyldfg conservation easement deed.doc
-
. 29266 .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
'&C>"~~~..z;;n~~~~~....f'i("~~...c<t~~~~~Fh}'5;hFiJlY~~.,FO~~~
State of California } ss,
County of &1\ ~'iee 0
On Nt) \I IS ,..:lLDS' before me,
Date Name and TItle of Officer (e.g.. "Jane Doe, Notary
personally appeared l'i\ar\( M. M Cf,{(;,(gt;(
D personally known to me
~roved to me on the basis of satisfactory evidence
I.;~!!:='-I to be the person~ whose name~ ~re subscribed
to the within instrument and acknowledged to me that
he/~they executed the same in his$their
i ~ - - CalIlomkI f authorized capacityfiee), and that by hisl Itheir
Ian DIego CounIv -
J.."" - ~ ~~-~-~~~ signatur~ on the instrument the person~ or the
entity upon behalf of which the person~ acted,
executed the instrument
~y Ud and official seal.
Place Notary Seal Above " ~)~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and 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 '] Individual
o Corporate Officer - Title(s): '] Corporate Officer - Title(s):
o Partner - 0 Limited 0 General RIGHT THUMBPRINT o Partner - 0 Limited 0 General RIGHT THUMBPRINT
o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER
Top 01 thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~'C(,.~"@()~'@(;>~"Q(,~~~~~~~~~
@2004 National'Notary Association. 9350 De Solo Ave., P,O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876.6827
. 29267 . PAGE 1 OF2
EXHIBIT 'A'
LEGAL DESCRIPTION
A,P,N 314-650-29
PARCEL 'A'
AN EASEMENT FOR BIOLOGICAL OPEN SPACE OVER, UNDER, ALONG AND
ACROSS A PORTION OF LAND CONVEYED TO MARY McCARTY BY DEED
RECORDED JUNE 14, 2002 AS DOCUMENT No, 2002-0508294 IN THE OFFICE OF
THE COUNTY RECORDER, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF SAID McCARTY LAND;
THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00046'00" EAST,
7839 FEET, THENCE LEAVING SAiD EASTERLY LINE NORTH 83036'29" WEST,
23,26 FEET TO THE BEGINNING OF NON-TANGENT 90,00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS
NORTH 03041 '33" WEST, THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 66050'08", A DISTANCE OF 104,99 FEET, THENCE NORTH
80058'11" WEST, 20,00 FEET; THENCE SOUTH 83011 '31" WEST, 11.00 FEET,
THENCE NORTH 56043'04 WEST, 20.00 FEET; THENCE SOUTH 87"48'32" WEST,
10,00 FEET, THENCE SOUTH 39040'45" WEST, 10.00 FEET, THENCE SOUTH
82052'03" WEST, 12,00 FEET, THENCE SOUTH 56"21 '31" WEST, 16,00 FEET,
THENCE SOUTH 42"25'40" WEST, 10,00 FEET, THENCE SOUTH 63000'27" WEST,
2939 FEET, THENCE SOUTH 55010'56" WEST, 48,02 FEET, THENCE SOUTH
24051 '57" WEST, 67.31 FEET, THENCE SOUTH 27019'35" EAST, 3501 FEET,
THENCE NORTH 41"28'37" WEST, 7904 FEET TO A POINT ON THE WESTERLY
LINE OF SAID McCARTY LAND; THENCE ALONG SAID WESTERLY LINE
NORTH 00046'00" WEST, 226.67 FEET TO THE NORTHWEST CORNER OF SAID
McCARTY LAND; THENCE ALONG THE NORTHERLY LINE OF SAID
McCARTY LAND SOUTH 89014'51" EAST, 330,12 FEET TO THE POINT OF
BEGINNING.
CONTAINS: 1.123 ACRES
~.-J.-q u \.QO. f~_
~ .
. 29268 PAGE 2 OF2
EXHIBIT' A'
LEGAL DESCRIPTION
A.I',N.314-650-29
PARCEL 'B'
AN EASEMENT FOR BIOLOGICAL OPEN SPACE OVER, UNDER, ALONG AND
ACROSS A PORTION OF LAND CONVEYED TO MARY McCARTY BY DEED
RECORDED JUNE 14, 2002 A~DOCUMENT No, 2002~0508294 IN THE OFFICE OF
THE COUNTY RECQRDER, 'IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT nm SOUTHWEST CORNER OF SAID McCARTY LAND;
THENCE ALONG THE WESTERLY LIN.E THEREGF, NORTH 00046'00" wEST,
28.01 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID WESTERLY~INE NORTH 00046'00" WEST, 67 90 FEET; THENCE
LEAVING SAID WESTERLY LINE SOUTH 49"27'42" EAST, 106.07 FEET,
THENCE NORTH 89014'51" WEST, 7971 FEET, TO THE TRUE POINT OF
BEGINNING,
CONTAINS: 0.062 ACRE
~~ uJ"OOAL"-'"
269 I?-
. EXHIBIT 'B'
, ,
DATA TABLE DATA TABLE
LINE LEf':,lGTH BEARING L1f':,lELENGTH BEARING
1 . 20.00' . N 80:58'/.01 W 12:00' . 5 82'52.'03". W_
If.OO' . 5 83'1 V3J: W 16.00' . 5 56'21'31" W
20:00' , N56'43'04 W . 10.00' S_42'25'AO__W_
4 10.00' S 8748'32 W
10.00' S 39'40'45 W APN: 314",,650.,.,,29
P.O.B.
I
L=.104.99' I r<:?//// l~
R=90,OO' I
D=66'50'08" Df:NOTf:S
BIOLOGICAL
29.39' OPf:N SPACf:
S63'OO'27'W I f:ASf:Alf:NT
I GRANTf:D TO
48.02' THf: CITY
SSS'10'S6"W J OF POWAY
I 3S.01' I
I S2719'35"E
I
79.04' I
N41'28'37"W
S oS'
, ~v.s:>
~ o/'~?,
~ "!;:;; '6:!)-~.?', PARCEL '8' I
, ~ :>....,f' /
g {Q ..' /I/~ 0.063 AC I
~ :.LZ2-.l.".
N89'14'SI'W SCALE: '''=60'
N 00'46~00" W
. 28.01' -f-
-- -- --
P;O.B.
fA.. PIlO.ECT McCARty RESIDENCE
alii 2002-085
PA lOX J8I POfIAY, CA 8IIl74 l8IIlI7...... FAX l8IIlI74lH141! t;)CHlIjJIT 'B' DAle 10/11/05
lICALI! '''=60'