Conservation Easement Deed 2005-0531413
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RECORDING:REQUESTED BY. I JR." ! 1111111111111111111111111111111111111111111111111111111111111 11111111;
CiTvOF POWAY . Nr.
',\ . JUN 24 2005 8:25 AM
WHEN RECORDEDJii1.AIL TO: o/GI1Ci
COn OFFIU.::..L FiECClF:[I':,
-"",rl i..1!EhO I-UIII'J 1"1 F:EOJF:[IEf-i":, I~WFWE
CITY CLERK (;r::F.COFi'l ':;t,,.jITH, [I]Ur'~rl F1ECCiF:C'ER
CrrYOF POWAY 6'86J IeEE. 111111
PO BOX789 uc. N,t.\
powi>.Y CA 92074-0789 f=.::.J1E'~' 11
APN: 321-220-13 111Ii11 11111111111111111111 111111111111111 111111111111111 1 1111111111111111111111
PROJECT NUMBER: MDRA 02-85
:1005,0531413
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS.CONSERVATlON EASEMENTDEED is made this It I day of 3 UN "-- 2005, by
Douglas P Wagenbach and LillianWagenbach Revocable Living Trust ("Grantor"), in favor of'City of poway
("Grantee"), acting by and througll .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 "8" attached hereto
and incorporated by this reference (the"Property") \,
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8. The Property. possesses wildlife and habitat values (ccillectively, "conservation values") of
great importance to the Grantee, tile peoplecif 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. Coastal Sage Scrub is the habitat
of the California Gnatcatcher, which,. is listed as a threatened species on the Federal Endangered Species
lisl. Conservation of this propertyJherefore will preserve habitat ofaprotected species.
D The City of Poway is authorized to hold conservation easements for the preservation of land
in its natural, scenic, agricultural, historical, Lorested, or open space condition The City of Poway has
authority to hold easements for.these purposes pursuant 10 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 Fishimcl Game Code Section 1802, over the' conservation, protection, and
management offish, wildlife, native plants and the habitat necessary'lorbiologically sustainable populations
of,tllose species.
F The United States Fish and Wildlife Services' (USFWS) has jurisdiction over the
conservation, protection, restoration, enhancement and managementbf\fisll, 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 Fisli and Wildlife ,Coordination Act, 16.U S C Section 661-666cand.other applicable laws.
G TllisConservation Easementprovides protection Jor3:36 acres of land that contains Coastal
Sage scrub habitat located 'within tile City of Poway's Subarea Habitat Conservation Plan/NCCP Focused
Planning Area.
H. Grantor intends to convey to .Grantee the right to' preserve and protect the conservation
values of. the Property 'in: perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in,.exchange for Grantee permitting Grantor's removal of 1 '9 acres of Coastal Sage Scrub
,. - ... - ..,
habitat This.is a miligationmeasure for such removal of 1.9 acres,ofcoastalsage habitat
{f5-ILfLf
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6862
Conservation Easement Deed
Page 2
I. GrantE)e agrees by accepting this grant'to honor the intentions'of Grantor stated herein and
to preserve and to pr<2tect inperpetuity the conservation valuesof.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 r.!"citals 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 easernentin 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 oiihe Property that will mate~ally impair
or inteiiere with the conservation values 'of the Property Grantor intends that this Conservation Easement
will confine the use cifthe 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 Easemenl.
2. RiQhts of Grantee. To .accomplish the purposes .of this Conservation Easement, Grantor
hereby grants and conveys ~he,followingirights to Grantee.and the State of California Department of fish and
Game asa 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 othervvi~e 'E)~forcethe terms of, this Conservation Easement, inclucing Grantor's
obligation to manage the property cops)stent with Grantor's duties as setforth 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 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 ~se of the Property inconsistent with the habitat
conservation purposes "fthis Conservation Easecnent'and'notspecifically'reserved as a right of Grantor is
prohibited. Without.limiting the.generality of the foregoing, the following uses by Grantor, Grantor's agents,
and third parties, are, expressly prohibited unless specifically provided for through the Poway Subarea
Habitat Conservation Plan/NCCP
(a) U.nseason~!>le watering, use of herbicides, rodenticides, or weed abatement
activities, -incompatible fire protection activities and any and all'other uses which may adversely affect the
purposes of this Conservation Easement;
(b) Use of off-road vehicies; except vehicles used for property maintenance required by
the City of Poway, and then only over existing roads.
(c) Grazing or suiiace entry for exploration or extraction of -minerals;
. . .
6863
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, shruqs, or other vegetation, except as
required by. law for (1) firebreaks, (2) mainten8~ce of existing foot trails or roads, or (3) prevention or
treatment of disease.
(h) Planting of trees or other vegetation except by written permission from the City of
poway
4 Grantor's Duties. Grantor"shall undertake all reasonaple 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 shalbundertake all necessary actions.to protect Grantee's rights under Section
2 of this Conservation Easemenl. 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 Riohts. Grantor reserves to itself, and 'to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of thePrbperty, 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 viol<~ti()n Is threatened, Grantee shall,give written notice to Grantor of such
violation and demand in writing corrective action sufficient to curethe'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 Grantorfailsto begin the cure within the thirty'(30) day period or fails to continue
diligently to complete the cure, Granteernay br(ng an action at IClw or in equity in a court of competent
jurisdiction to enforce the termsoLthis Conservation Easement, to [eco'!",r any damages to which Grantee
may. be entitled for violation by'Grantor'of the terms of this Conseryation 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 otnerwise available .Iegal remedies, O[ for other equitable relief, including, but
not limited to, the restoration ofthe.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 correctiveaction,on'the Property
If Grantee, in its sole discretion, determines that circumstances require immediate action to
prevent' or mitigate significant dal1)age to the conservation vCllues. of the Property, Grantee may pursue its
remedies u'nder this paragraph wiih~ll;t'Rrior notice to Grantor or without waiting for the period provided for
cure to expire., Grant~e's rightsiunder th.is paragraph applYfequally to actual or threatened violations of the
terms of this Conservation Easement Grantor and 'Grantee agree that Grantee's remedies for any violation
of the terms oflhis Con~ervatjon Easement 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
performance of th.e 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:ttiis sectiofl ~bClli'becumulativeand shall be in addition to all remedies now or hereafter existing
at law 0' 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
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6864
Conservation Easement Deed
Page 4
815.7, the California Attorney General or third'par!yentiti~s organiz,ed for conservation purposes have
standing as interestea 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 sliall have the same rights'as Grantee under this section to enforce the terms of the easement
6.1 Costs of Enforcemenl. Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement, against Grantor, inciuding, butnpt iimited to, costs of suit ana
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 terrnsof 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 Grantor.shall not be deemed..or construed
to..bea waiver. by. Grantee of such. term"or of any subsequent breacli.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, storrn, and
earth movement, or any prudent aftion' taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Prope,rty resulting from such causes.
6,4 Department; of F'ish and Game Riqhtof 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 parcei and the Conservation Easement Deed area to protect
in perpetuity the conservation'values and function of the Property T~etype. of fencing shall also include
posts and signage, The ,Grantor shall optain approval by the Grantee'~ 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 Cohserviltion Easement does .not convey a general righl of access to the
public; however, after receiving approval from Grantor, noi to be unreasonably. withheld, access for scientific
research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the respective
designees. of Grantee and CDFG.
9 Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind' including .transfer costs, costs 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 wliatev.er 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 pay.ment upon requesl.
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG and its members, airectors, officerS, employees, agents, contractors, and their heirs, and
representatives, successors and assigns (coliectively "Indemnified Parties'~) from and. against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
.
. . 6865
Conservation Easement Deed
Page 5
without limitation, reasqn,!ble attorneys"feesi arising from or in anyway connected with: (1) injury to or the
death of any person; orphysic,al .qamages to .any pr9perty resulting from any act, omission, condition, or
other matter relafeq' to or occurring on" or 'ab()ut 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 Easemenl.
- -..
9:3. Condemnation. The purposes of the Conservation Easement are presumed to be
the best and most necessarypuplit use as defined at Code of Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240,700,
10. Assiqnmenl. chis 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 oniy to 'an entity or organization authorized to acquire and hold conservation
easements pursuant to Civil Code Section 8.15.3. Grantee shall require the assignee to record the
assignment in the.county where,the Pr6pertyis located.
11 Subsequent Transfers.. Grantor agrees to incorporate the terms of this Conservation
Easement 'inany 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 claimant~ or transferees'ar~ not given notice of the covenants, terms, conditions and restrictions
ofthisConservation Easement. The failure of Grantor or Grantee to perform any act provided in this section
shall nofimpi;lirthe 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 facsimiieto,the persons set forth be/ow or shall be
Deemed given five (5) days afterd~pqsitin the United States mail: certified and postage prepaid, return
receipt requested and addresse,9. a5'follows, or at such other address as any party may from time to time
specify to the other parties in writing:
To Grantor' Douglas P and Lillian Wagenbach Revocable Living Trust
11514 Danza Circle
San Diego, CA 92127
To Grantee: City of poway
PO Box 789
Poway CA 92074
With a'copy to: Department of Fish'and Game
Natura.! Community ConserVation Planning
4949 Viewridge Avenue
San Diego, CA92123
The Pilrties: 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. Amendmenl. 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
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6866
Conservation Easement Deed
Page 6
the. purposes of this Conservation Easeme'lt 'an<;f"s.h.all npt affect its perpetual duration. Any such
amendment shalLbe recorded in the official'records of San Diego County, State of California.
14 Recordation. Grantor shail '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) Controllinq Law The interpretation and performance of this Conservation Easement
shall be governed by the laws ofthe State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding" this' Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Eas"e'menLand'the policy and purpose of Civil Code Section 815, et seq.. If
any pr.ovisionin this instrument is found to be ambiguous, an interpretation"consistent with the' purposes of
this Conservaiion Easement thabwould; render the provision valid shall be favored over any interpretation
that would render it invalid.
(c) Severabifitv 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. Ifa court of competent jurisdiction voids or invalidates the application of any
provis'ion of this Conservation E1!s!imerit Deed to a person or circumstance, such action shall not affect the
application of the provision to other persons'or circumstances.
(d) Entire .Aqreemenl. This instrument sets forth the entire agreement: of the parties
with respect to the Conservatjon Easement and supersedes all prior discussions, negotiations,
understandings, or. agreements relating-tp 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 ben"efit oCthe parties hereto and their respective
personal representatives, heirs, successors, and assigns and shalf continue as a servitude running in
perpetuity with the Property These.covenants hereunder benefiting Grantee shall also benefitCDFG
(g) Termination' of Riohts and Obliqations, A party's rights and obligations under this
Conservation Easement shall terminate oniy upon .transferof the party's interest in the ConserVation
Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer
(Ii) .Captions. The.captions in this instrument have.beeninserted solely for convenience
of reference and are not a part of this instrument and shall h-ave no effect upon its construction or
interpretation.
(i) COUliteroarts. The parties may execute tn.is instrument in two or more counterparts,
which shall: in tile aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an
original instrument .as against any party who has signed il. 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.
. . 6867
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 Pow~y and CDFG to carry out, their
respective obligations under this Easem~nt 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 liHEREOF, Grantor and Grantee have enterEld into this Conservation Easement the
day and'.year first above written.
GRANTOR:
Douglas P Wagenbach and Lillian WagenbachRevocable Living Trust, Property Owners
By' ~~.~
Dougia P Wagenbach
By' 4/L.;., dlrJ#i
Lillian Wagenbach
Approved as to Form:
Office of the ,City' Attorney
TamaraSmith,City Attorney
BY~~
Ta ara Smith; City Attorney
· · 6868
CALIFORNIA ALL.PURp,OSE ACKNOW'Li:D~MENT
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Though the information below is not required by law,it,may prove vaILiable'topeisons'fefying on the document and could prevent
fraudulent removal and reattachment of this {ann to 'another document. )
Description of Attached Document I
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Title or Type of Document:
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Document Date: Number of Pages:
I Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer
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D Corporate.Officer,-, 11fle(s): 'I
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Signer Is Repres.eriting:
C1999 National Notary A~socialion. 9350 De Solo Ave P.O, 80/ 2402 . Chatsworth. CA 91313.2402. www,nalfonalnotary.org Prod..No. 5907 Reorder: Call TolI.Free 1-800-876-6827
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. . 6869
Conserv:ation Easement Deed
Page 8
CERTIFICA TE.0F ACCEPTANCE
This is to Certify thaLtlie interest. in. real property conveyed by 'the Conservation Easement Deed
by The. Douglas P Wagenbachand. Lillian Wagenbach Revocable Living Trusi .(Propertv Owner(s),
dated . June 14, 2005'. '.' lathe, City of Poway, Grantee, and to the .California Department
ofFish and Game, as a .third party oeneficia,y, a governmental agency. '(urider Government Code Section
27281), is hereby accepted by'Uleundersigried officer on behalf oft~.e,City'of Poway, pursuant to authority
conferred by Resolution No. 34 of the' City of'Poway on January 20,1981
GRANTEE. City of Po ay
By'
Title' L. iarie Shea, Citv Clerk
Authorized'Representative
Date: June 16. 2005
M:\planning\cmr\mdra0285 wagenbach Con_serV!3tion:~asemen1 Deed.doc
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. . 6870
EXHIBIT 'A'
BIOLOGICAL CONSERVATION EASEMENT
PORTIONS PARCEL 3 OF PARCEL MAP NO 12618, IN THE CITY OF POW A Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH IS, 1983; DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3, THENCE ALONG THE
SOUTH LINE OF SAID PARCEL 3, NORTH 88'50'20" WEST, 407.90 FEET, THENCE
NORTHOlo09'40" WEST, 20.00 FEET TO A POINT IN A LINE 20.00 FEET NORTH AND
PARALLEL TO SAID SOUTH LINE, THENCE ALONG SAID LINE NORTH 88050'20"
WEST, 191.01 FEET, THENCE NORTH 700] I '3]" EAST, 222.]3 FEET, THENCE NORTH
24049'34" EAST, ] 0973 FEET, THENCE SOUTH 88050'20" EAST, 346.17 FEET TO A
POINT IN THE EAST LINE OF SAID PARCEL 3, THENCE ALONG SAID EAST LINE
SOUTH 00047'55" WEST, 200.00 FEET TO THE POINT OF BEGINNING.
AND
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3, THENCE
SOUTHEASTERLY ALONG THE LINE OF SAID PARCEL 3, SOUTH 37035'07" EAST,
136.99 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING EASTERLY
ALONG THE LINE OF SAID PARCEL 3. SOUTH 89007']0" EAST. 234.5] FEET TO AN
ANGLE POINT THEREIN, BEING THE TRUE POINT OF BEGINNING, THENCE
CONTINUING SOUTHWESTERLY ALONG THE LINE OF SAID PARCEL 3, SOUTH
38034'10" WEST, 380.52 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING
WESTERLY ALONG THE LINE OF SAID PARCEL 3, NORTH 69043'07" WEST, 8746
FEET TO A POINT IN A LINE 15.00 FEET EASTERLY AND PARALLEL TO THE
WESTERLY LINE OF SAID PARCEL 3, THENCE ALONG SAID LINE SOUTH 28032 '27"
WEST, 144 45 FEET, THEN.CE SOUTH 88050'20" EAST, 202.69 FEET, THENCE NORTH
68020'57" EAST, 144.07 FEET, THENCE NORTH 37001 '09" EAST. 34 ]5 FEET, THENCE
NORTH 04020'35" WEST, 6440 FEET, THENCE NORTH 38034'10" EAST, 46.34 FEET,
THENCE NORTH 01053'10" EAST, 2]745 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 3.36 ACRES, MORE OF LESS
PREPARED BY
~
WILLIAM EN, RCE 33730
EXPIRATION DATE. 6/30/04
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-., . .. EXHIBIT 'B'
6871
BIOLOGICAL CONSERVATION EASEMENT PLAT
NOO'47'55"E 623.74' PO.B.-
423.74' -
(~
SCALE. 1"=100'
LINE DATA
I ---------------
I L1. N69'43'07"W 102.61'
L2: N01'09'40"E 40.00'
L3: N38'34'10"[ 46.34'
L4. N04'20'35"W 64.40'
L5: N37'01'09"E 34.15'
L6: N24'49'34"E 109.73' peL (]
L7' N01'09'40"E 20.00'
L8: N37'35'07"W 136.99' PJ\;J -J28-JEj
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"'I BIOLOGICAL CONSERVATION EASEMENT- ---
OC) TOTAL. 3.36 ACRES- -_
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EXISTING EASEMENTS - I
--------------------------- I
DD#1 PUBLIC UTILITY EASEMENT TO SDG&E PER PO.C.- I
BK 4596, PO 5", 'EC 9-'8-1952 / \11
DD#2 OPEN SPACE EASEMENT TO CITY OF POWAY
PER INST NO. 83-047226 REC. 2-14-1983 L2
DD#3 PUBLIC UTILITY EASEMENT TO SDG&E PER
INST NO. 83-198719 REC 6-14-1983.
CANNOT BE PLOTTED. WOO309