Loading...
Conservation Easement Deed 2005-0531413 ; . 0--.# \ 'FCP .,oor:: OFi" 1 41 ,. Ul.. L ,_1- _ \... ..) .) , 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") \, \ 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 . . , 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 . . 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 .. '. 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 , I I State oLCalifbrnia ~} I I' <; . 55. ,.) I County of /1,/1/ / c-Z- 0 I 1'1 ~ ~ ,I .1 I 0 I o personally'k~o:wh to'rne tK proved to me on the basis of satisfactory ~idence 1 I to be the person(s) whose name(s) ~are subscribed to ,the within instrument and ~..~.. . C PHYlus Sf!1~N acknowledged tOlme.thatiWsp.e/they executed " ; . ommlsslon" 1450304 the same intjii;/h)>r/their authorized I I · ,:0- NOI~PUbfic. Calff~ f capacity(i~s), an.d that by msi,,-er/their j _ ~. _~v:~m~~~.2oo71 ~~~n:~~;~:s6~oon~t~~~~~:r~~:~~~~et~:r~~~~~~I~;: - - - - - acted, executed the il)strument. ,I 1 ,I 1 I, 1 I OPTIONAL 1 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 I ' Title or Type of Document: I 'I Document Date: Number of Pages: I Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer I I Signer's Name: I I D Individual Top of thumb'here I D Corporate.Officer,-, 11fle(s): 'I D Partner. ~ D limited D General ,I D Attorney,in;Fact, 'I D Trustee 1 o Guardian,or'Conservator o Other' 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 . . . 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 - . . . 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 .. . .. , -., . .. 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 I -- "'I BIOLOGICAL CONSERVATION EASEMENT- --- OC) TOTAL. 3.36 ACRES- -_ '" / ---- 0 " t-- I ...... ~ T.P O.B'-:r _ _ OD#2 ON ENTIRE 'PARCEL - - - - '\-- ltl !'l // N01'53'10"E 2d45' \ ltl ltl / \ ~8 1x> ~I I \ <~ I I . "1- ,.G ltl '11>, -i '" "b C'J I:;:: ~ . , {'\ I;? j.... 20.00' 0 0, I OC) z I z ltl OJ <D OJ 01 ltl 0) 0 v .,-. r-S CD 0 (DO ::l .,-. -l~ ~ '" u;::; -<7/h.. 0 I QQ /2. Ji,-(lf !'V 0> I <D 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