Conservation Easement Deed 2005-0617182
. ,
, "RECORDING REQUESTED": [)OC # .2005-0617182
'j{( . CITY oF POWAY I ill!lllllllllIlllIillllllllllllllllllllllllllllllllllllllllllll111111
,,~'!VHEN RECORDED MAiL TO: JUL 21, 2005 3'19 PM
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CITY 01: .POWAY FEE':, n 00
P 0 BOX:789 C1e. f'J,w
pO-WAY CA 92074,0789 Fll'ciE.'= 11
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APN277 '220,.12
Project No:: MDRA 04-27 2095-06:17 .182
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CONSERVATION EASEMENT DEED
..NO DOCUMENT TRANSFER. TAX DUE
THIS COf;JSERVATlON EASEM€NJ DEED is made this 'r? daYOf~!II\'f. 2005, by Craig
Faulkner, Midori Financial, LLC,.("Gr~ntor"), in favor of City of Poway{"Gran ee"), acting by and through
its Development Services Department;!withreference to the fOllowing-facts.
:
RECITALS
'" A. Grantor is the sole .o.wner in fee simple of certain real property in the City of Po way,
County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and incorporated by ihis.reference.(the "Property"Y.
B. The Propertyposs,esses wildlife and habitat values (collectively" "conservation values") of
great importance to the Grantee, the'people of the City of poway; tne'people of the State of California,
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and the people of the United States.
C The Property provides high quality Coastal Sage Scrub. Coastal Sage ScrUb isnne
habitat of the California Gnatcatcher,which is listed as a threatened species on the Federal Endangered
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Species list. Conservation' of this pro~ertytherefore will preserve habitat'ola protected species.
D The City of Pow~y is!a~,thorized to hold conservation easements for the preservation of
land in its natural, s'cenic, agricLiltur1ll, t1isiorical, forested, or open:spas;e 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 ofCalifornia,~y and through its Department of Fish and Game (CDFG), has
jurisdiction, pursuant to the Fish..and Game Code Section 1802, over the' conservation; protectlon, and
management of. fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations' of those'species.
F The UnitedSta!.es ,Fish' and Wildlife Sewices (USFWS) has. jurisdiction over the
consElrvation;. protectio[l, ,restoration;e[lhancement and management of fish, wildlifeahd. native plants
and the habit"ts,o.n,'whi.ch they depend under the Endangered' Species Act; 16 US C section 1531 et
seq. (ESA), theFish.and Wildlife Coordination Act, 16 U.S.C section 661-666c and other applicable laws.
G, The Biological Resources 'Analysis prepared by P&D Environmental, dated January
2000, 'for subSliyision TTM 98'02, "Hehtage:1I Estates Biological, Technical Report", identified irT1pac!s to
Coastal $age Scrub (CSS) habitat. Mitigation .of impacted habitat' was resolved as part of the Final
Enliironmentallmpact Report, Sch No. 98091083"thfou~h Ihe preservation of open space easements on
each parcei throughouUhe.subdivision.. Open space areas were identified on the map no. 14388, fiied in
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the office of the County.Recorder of San Diego County, California, on May 8, 2002, file number 2002-
0391382 Joroimpacts 10::CSS: Recordation of Biological'Conservation Easements will ensure preservation
of areas set aside for Coastal Sage Scrub habitat I
H. Grantor intends to convey to. Grantee the':righf to preserve .and 'protect,the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
" OD/SO
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. 17528 .
ConserVation Easement Deed
Page 2
contained herein in exchange for Grantee permitting Grantor's construction of a' sing I e-family residence
within Heritage 'II Estates'
I Grantee agrees by accepting this grant to honor the' intentions' of Grantor siatecj herein
and.to preserve andto',protect in perpetUitY. the conservation values,of the property in a.ccordance with
the terms of th.is Conservation Easement'for the benefit of this generation and the generations to come,
COVENANTS. TERMS, CONDITIONS AND "RESTRICTIONS
In cpnsideration of the. above recitals and the mutual ,covenants, terms, condjtions, and
restricti9Ds'contained herein, andpursU'ant to California law, including Civil Code Section 815, et seq.,
Grantofhereby voluntarily deeds and conveys'to Grantee conse'rvatidif easement in perpetuity over the
Property'ofthe nature and character and'tothe'extent hereinafter' set forth ("Easement").
1 Purpose. Tj1e purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural c;ondition in 'pe~petuity and to prevent any use of the Property thatwill materially
impair or )nterfe~el'lith 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
involyingthe"preservation and eQ~ancer11ent; of native species and. their' habitat in a manner consistent
with the habitat conservationpurposes'oOhis Conservation Easement
2. Riqhts,of Grantee. To;accomplish the purposes of this ConserVation Easement, Grantor
hereby grants aDd convey~ thefollo....,ing rights to Grantee and the State,.of'California Department of Fish
and Game as'a third party beneficiary:ofthiseasement 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 upqn the property at reasonable timiis in order to monitor Grantor:s
cOr11plianceiwith,;and to othex.....lse> entorce.the terms of, this Conservatio-n Easement, including Grantor's
obligati(ln .to manage the proPe>rty con~istent with Grantor's duties as set forth in section, 4, and for
scientific research and interpretive;purposes by Grantee or its designees; and CDFG and its deSignees.
(c) To prevent any activity on or use of the Property that is inconsistent with the.
purposes (Jf this Conservation E~,;ement and to require the restoration ot'such. areas or features of the
Property that m1ly'~e'damaged by'anyact, failure to act, or anyus'e that is inconsistent with the purposes
of this Conservation.Easement;
(d) All. miQeral, ,air' and 'water rights necessary'to protect and sustain the biological
resources ofthe Property; and
(e) To enforce by means .including, injunctive relief, the' terms and conditions of the
Easement
3. Pr6hibitedUses. My Cictivity on or use of ,the PrQperty inconsistent with the habitat
conservation purposesoLthis ConservatioQ ,Ea~E!ment and!1o,t.;speci.fica-'-ly reserved as 1l right of Grantor
is prohibited., WithouUimiting the generality of the foregoing; the following uses by Grantor, Grantor's
agents, and third parties; are expre~siY prohibited unless"speciiicaliy' provided for through the Poway
Subarea Habitat'ConseriJation Plan/NCCP
(a) Onseason,able watering, use of ~E!r,~ic.iclE!S, rodenticides, or weed abatement
aCtivities" incompatible .fire protection activities and any and all other lJses which may adversely affect the
purposes.ofthis Conservation .Easement;
(b) Use,of off;road vehicles; except vehicles used for property maintenance required
by the City of Poway, and then;onlyover existing roads.
(c) Grazing or surface entry for exploration (lr'e)(traction of minerals;
. 17529 .
Conserviltion Easement Deed
Page 3
(d) ErEOs:tion of any' building, billboard, sign;
(el .Excavating, dredging or removing of loam',gravel, soil, rock, sand or other
material;
(f) 0thery;i,s.e ,~ltering the general topography of the 'Property, including building of
roads or changing' the grade ofthe Property;
, (g) Removing, dE;~troying, or cutting of trees, shrubs, or other vegetation, exceptcas,
required by law for (1) firebreaks, (2) maintenance of existing foot. trails or roads, or (3) prevention or
treatment of disease
(h) Planting of trees,or other vegetation except.by, writteh permission from the City of
Poway
A Grantor:s Duties. Grantor ,shall undertake all reasonable actions to prevent the unlawful
entry and trespass by" persons wh()se :;jctivities may degrade or narmthe conservation values of the
Property In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under
Section 20f this Conservation Easemeot Grantor further covenaots.that maintenance of the Property, to
wit: clean up of a II trash and debris, shall be the Grantor's responsibility
5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs,
suc.cessors, and assigns, all rights accruing from its ownership of. the Property, including the right to
engage in one, permiLor invite ethers' to engage in all uses of the Property that are consistent with the
purposes,ofthis'Conservation Easement .
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of
this, Conservation Easement of'that a violation isthreatehed, Grantee shall'give'written noticeJoGranto,
of such violation and demand .in writing corrective action sufficient to cure the violation Grantee shall
also notify the California Department 'ofFish and Game. If Grantor fails to cure the violation within thirty
(30) days after receipt.ofsaid,written no,tice and demand from Grantee; or ifthe 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 contihue diligentlytb 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. Grahtee may, be entitled for violation by Grantor 01 the terms of this Conservation
Easement, tb',enjoin the violation, e)(. parte as necessary, by temporary or permanent.injunction without
the necessity of proving either aCtual damages or the inadequacy'of othe~ise ava'ilable legal remedies,
or for, other equitable relief,includihg, 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 Grante~, in its,sole,di,scretion;deterrTlines that circu~~tances require imm~diate action
to prevent or'mitigate1signific,!ntci,alTiaget() the conservation valuesol'theProperty, Grantee',may pursue
its remedies under this paragraph without prior notice to Grantor or without waiting for the peiiod provided
for cure to exjJire,Grant!,e's,lrightsunderthi~ paragraph apply equally'toactual or,threatened violations
of the terms ot"this'Conservation Easement Grantor and Grantee:agree.that Grantee's remedies'for any
violation ofthe terms of this.,Conservatioh Easemenl.is the injunctive relief described in this section, both
prohibitive and: mandatory, in addition to such other relief to which Grantee may be entitled, including
specific pe_rformance 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
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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, etseq" inclusive.
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Ifatany tim,!',in !h!, future Grantor or any,subseguent transferee uses or threatens to use
such lands forllurposesinconsistent with this Conservation Easement, notwithstanding Civil Code
Section 815.7, theCalifClrniaAtiorney General or third-party entitles organized for conservation purposes
. 17530 .
Conservation Easernent Deed
Page4
Mave standing ,as ihterested parties in any proceeding affecting ,this Conservation Easement as against
Grantor
The California Department'of Fish and Game,(CDFfO) as a third party beneficiary of this
easementshalLhave the same,rigtits,as,Grantee under this section, to, enforce the terms.of the easement.
6.1 'Costs of Enforce'ment. 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 ofthisConseriiation 'Easemel1t,shall be borne by Grantor
6,2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement
by Grantee,or CDFG:shall tle'at\tne,disc'retion of Grantee and CD'FQ, an.d any forbearance by Grantee or
CDFG to exercise its rights Linder this Conservation Easement by qrantor shall not be deemed or
construed to bea'waiver by Grantee ohuchterm or 01 any subsequent breach of the same or any other
term ofthis Conservation EasemenFor,Ofahy of the Grantee's right~, under this Conservation Easement.
No delay or omission by Grantee orCDFG 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 'aftneaiscretion of Grantee and CDFG to bring any action against Grantor
f()r any injury to. change in the Properly'resulting from causes beyond ;Grantor's control, including, fire,
fiood, storm, and earth,movement,:or"fnY'pnident action taken by 'Grantor under emergency conditions to
prevent; abate, or mitigate significant injury tothe Property resulting from such causes.
64 DepartmenHol Fish and Game Riqht of Enforcement. All rights and remedies
conveyed"to:Grantee under this,Con'servation Easement Deed shallextendto'and are enforceable by the
Department of, Fish and Gameo'fUSFWS.
7 Metal Fence Stake Installation and Maintenance" In order to identify, and demarcate the
boundaries of the ConseNation .Easement Deed ,area on Lot 12, located at 18655 Old Coach Drive,
APN 277-220-12, within ninety'days, the Grantor shall instal'l and maintain metal fence stakes (T-stakes
painted white) six (6) feet in height [2 feet below grade and 4 .teet expos..ed. above' grade] as follows, A
stake shall be installed at the properly line at ,the point of'intersection. with the easement boundary line
and also installed .at intervals of ;seventy'five (75) feet along the lengtb of the easement boundary line
The purpose of this staking is to.identifY'to the lot owner the boundaries of the conservation easement
area, and .to protect in perpetuity the. conservation values and. functiol) of .the Pr:operty The specific
location of all required stakes shall also'be plotted on Exhibit B (easement plat) attached hereto.
8. Access, This Conservation Easement Deed does not convey a general right of access. to
the public.
9, Costs and liabilities, G_r:antor retains all responsibilities and shall bear all costs .and
liabilities ofany kind related to the ownership,. operation; upkeep, and maintenance of the Property
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9.1 Taxes. Grantor'shall pay before delinquency all"taxes, assessments, fees, and
charges of whajever description levied on or 'assessed against Hle Property by competent authority
(collectively '''taxes':);, inClu,d ill g any taxes imposed upon,6r incLiYred as a result of, this Conservation
Easement,'andshall'furnish <;3rantee'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 I!!embers, direCtors, officers, employees; ;agents, contractors, and their heirs, and
represent,a!ives, successors and assigns (collectively "Indemnified Parties") from and againSl"all liabilities,
penalties, C:ClS.ts, losses, d<lr:nages,.expen'ses, causes.of action; Claims, demands, or judgments, including
withoul"Hmitation, reasonable 'attorneys' fees; arising from or'in any wily connected' with: (1) injury to or
the death 01 any p.erson; or'physical damages toany property resulting:.ffom.any act, omission, condition,
or other ma!ter r:el!'lted to or occurring on or about the Properly, refgaroless .of cause; (2) the obligations
specified in Sections4, 9;and!'9:1, and (3) the existence or administration of this Conservation Easement.
. 17531 .
Conservation Easement Deed
Page 5
9 3,Condemnatibn. The purposes of the Coriservation Easement are presumed to
betQe best and Dlo~tnecE?ssary. public use as defined at.code of Civil Procedure Section 1240.680
notwithstandingC'od'e:oICivil Procedure:Sections 1240.690farid 1240.700
10 Assianment. Th(s Conservation Easement. may not be transferred, assigned, or
extinguished. ""ithout the prior written approval of CDFG. Grantee m'ay assign its rights and obligations
under this Conser;:ation Ea~ement qniy 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, Gr1lntor agrees to incorporate 'the terms of this Conservation
Easement in any deed qr oth"r legal,:Jnstrument by which Grantor divests itself of any interest in all or a
portion of the'Property,including:,withouFlimita.tion,a leasehold interest Grantor further agrees to give
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written notice to GrantE,le or the CQFG 0.1; the intellt to transfer any interest at least forty,five (45) days
prior to thedate;ofsuch tr?~sfer Gral1tee ~hall have the right to prevent subsequent transfers in-which
prospective subsequent claimants ortr<insferees are not given nO.ti.ce:ofthecovenants, terms, conditions
and restrictions. of this Cons.ef'{?tion E!,!sement; The failure of G,rantoror Grantee topeiform any act
provided in this section'shallnot;impair the validity of this Conservation EElsement or limit its enforceability
in any way Grantor shail not grant additignal easements or other interests in the property'without the
prior written authorization of Granteeand'CDFG.
12. Notices. .AlI notices, demands, requests, consents,approvals, or communications from
one;party.,to amJthershali beperson?!ly ~elivered or sent:by f<lcsimile tpthe persons set forth below or
shall be deemed give.nfive (5) <:I<lys,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 theother'pariies in writing:
To Grantor' Craig Faulkner
rvtidoriFinancial, LLC
POBox 8893
Rancho Santa Fe, CA 92067
To Grantee: gity of Poway
P 0, Box 789
Poway CA 92074
With a copy to: De[lartment of Fish and Game
Natural Community Conservation Planning
4'949 Viewridge Avenue
San Diego, CA92123
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:thatbear the original signatures.
13. Amendment This Conservation Easement may :~e amended by Grantor and Grantee
only by mutual writtena'greemerir approved in writing ,by C[)FG. Any such amendment shall be
consistent with the 'purposes of.this. ConservaticJn Easemeritand,shall not affect its perpetual duration.
Any such.amendrhent.shallbe.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, CalifOrriia ,arid ,immediately notify the Grantee and CDFG through the mailing of a
confirmed copy ofthe recorded easement
. 17532 .
CpnservatiQIl Easemen~ Deed
Page 6
15. Generai" f'rovisions.
(a)' 'ControllinQLaw The interpretation and performance of this Conservation
Easement shall b'egove'fned by the:laws,ofthe State of California ' . ,
(b) .,Liberal Construction., Any general rule of construction to the contrary
notwithstanding, this Conservation' Easement shall be liberaliyiconstrued in favoroithe.deed to effect the
purposes of this Conservation.'Easemeni and the policy and purp'ose;Cif,~ivii Code Sectrcm'S15, etseq If
any provision in this instrument is found to be. ambiguous, an interpretation consistent with.the purposes
of this ConserVation Easement that wouid render the provision valid shall be favored' over any
interpretation that would render it invalid.
(c) Severability IUi court of competent jurisdiction voids'or invalidates on its face
any provision of this ConserVation' Easement Deed, such action,shalinot affect the remainder:of this
Conservation Easemei1l Deed. 'Ita couf1"of: competent jurisdiction voids or invalidates ihe a'ppiication of
any, provision of this. Corise'rvatiori Easement Deed to a person or drcumstance, such action' shall not
affect the application onhe provision'to':6ther persons or circumstances.
(d) Entire AQ'reement This instrument setsJortli:.fhe'entire agreement of the parties
.with respect to the ConserVatiori" Easement and supersedes all prior discussions, negotiations,
understaridings,or agreements. relating to the Conservation Easement, all of which are merged herein.
No alteia'tion or variation of this instrument shall be valid or bindi'ng'unTess.contained in.anamendment 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 Deecf snail be binding upon, and inure, t6 the benefit 01, the parties' hereto and
their respective personal representatives,. ,heirs, successors, a'nd' ,assigns and' shall continue as a
serVitude running in perpetLiity with the Property These covenants hereunder benefiting Grantee shall
also benefiFCDFG.
(g) Terminatiorl':oiRiQhts and ObliQations. Apait\isrigbts and obligations under this
ConserVation Easement shall ten:r@ate, only upon transfer of the party's interest in the G()nservation
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 ~pon. its
construction or interpretation.
(i) Counterparts. The parties may execute this instrument in tw6 or more
countexpai).s, w,hich !;h<3.lI, in th.e aggregate,:beisigned by Grantor and Grantee;'each counterpart shall be
deemed; an original instrument as against any party. who has sig'ned it .In the event of a'ny disparity
between the counterparts produced, the recorded counterpart shall be controlling.
OJ Modification. This.Easement isnotsubjec\!to..modification or amendment except
in writing and signed by Grantor, Grantee and CDFG of the if' 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 obligationsunderthis,Easement shall be subject to;the'availability oFappropriate funds.
(m) EffeCtive Date. This Easement shall be effective upon recording with the San
Diego County Recorder's Office.
. 1.7533 .
Conservation Easement Deed
Page 7
IN WITNESS i8ERE0F;, Grantor and Grantee have. entered into this ,Conservation Easement the
day and:year first,"above written:
GRANTOR.
By
Approved as toYorm:
Office of the CitYl'lttorney
::m'~~
Tamara'Smith, CityAt(orney
M:\planning\peggy\rndra2004\mdra04:'27 :mcup04-04 F aufkner\Conservation Easement Deed.doc
. 17534 .
ConseIvation EasementDeed
Page.8
CERTIFICATE OF ACCEPT,4:N.CE;
, , This is to ~Certiiy that th.e i~if!rest in real property.conveyed by the Conservation Easefl!entby
Craig Faulkner, ,Midori Finan~ial, LLc, dated ,lllly R,_ :,on<; '" ' tg the City of Poway,
.Grantee, and tothe',CahfornlaDepartment"of'Flsh and'Game, as,athlrd party beneficiary, a governmental
agency '(under Government Code Section 27281), is. hereby acceptei:(bythe undersign'ed officer on
behalf olthe City. of PO way, pursuant to authority conferred by Resolution No 34 of the City. of Poway on
January 20, 1981
GRANTEE. ::Y~hz~
Title: L.biane;Shea,Citv Clerk
Auttibrized Representative
Date: ,11J ly I? ?OO5
. 1.7535 .
'. .--
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT Title of Document f)Wb"::vU)(-hff)\..-- L<6YYU V\..-~
State of California
County of ~v\ Pl/1tJ
I txCoj
OnJI.-I "/01 2OfJc:) , before me,0, 1-- .~, hAJcU J ~.Lf7-\'-zA.1't1..-f'A.1o 1 i6.-.
personally appeared Ctv (}I \ ~ . I
;:::011J\.-. \ \<"'Y1ff<, t)[ personally known to
me - OR - [tproYIlQ te mil 8H the bfi3i3.of sati3factory 1:" idcncc to be the personq;)Jhosename~) is/ate
subscribed to the within instrument and acknowledged to me that he/~/~y executld the same in
his~tp6r authorized capacity(im and that by hisl,het7th"€1r signatureWOn the insLment the person)M-
or the entity upon behalfofwhich thepersonsWacted, executed the instrument.
WITNESS my hand and seal.
) -- - - - -8:L-~wti - , ~
i!8 ......"~".08 i! SIGNATURE OF NOTAl Y
liOTMY. PlJBUC' CALIFOIlIIlI
. .. SAN DIEGO COUN1'Y ..
J IlIyCllnin;bDimAllro'2U1107I
... - -- - - -- ..... .... ...... -- ---"- --
. . 17536 .
i
. EXHIBIT A
BlOLOGiCAL CONSERV ATlON EASEMENT
THAT CERTAIN AREA, SHOWN AS OPEN SPACE EASEMENT ON
loOT 12 OF CITY OF POWAY TRACT NO. 98-02 HERITAGE RANCH
ESTATES, ACCORDING TO MAP NO, 14388, FiCED IN THE OFFICE
OF TilE CbUNTYRECORDER OF S~i>IEGO COUNTY,
CALIF,ORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382
OF OFFICIAL.RECORDS.
17537 .
. . EXHIBITB
( Lot 12
, Individual Lot Declaration
The Hentage Estates
Legend
. . top
Properry IJne - - - - Slopt Lnmtion ~.
Open Spate - ~ - /' to,
EatemenlUne DriunageSU;'tiklCujverf
SkJrm Drain -...=-.:E() <=== <==
SfWe1'Lim - 6 -
Wakr Litle - w - Building Envehpe 1'1
S"""u.,Connedion @ Co~onAreo V//,,1
Water Un! Connection @ M4inftnana
. Bas"""'t HCEA
UtiJi;y CoMedion.. @ Midntmned
Yelephone,Giu,
Ekrtric, TV Cobk, Stmt Ught .;>
Lot Number ------. Fire Hydrant -
LotSi'f! 12
____________ 5.27
Finished Pod ^'"" / ~ .......
BlevatWl1 . 7~ , --.. ...
, ~
I ...........~~
r ... ... Lot Dimension
, ........... 611,
I ~~...........~
, ~...........
, ~
~ ...........
Open Space .... .... """'"'-- .
Easement --..... ... ...
,/'
,/~~
~~
~,/
,/'
" North
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