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Conservation Easement Deed 2005-0343668 ~- " . ,~ R~CORDING REQUEST_BY, 11111111 ~~II~IIIIIIII~rn~I~Ii"IIiI~ wlllmlllllllll f{; CITYOFPOWAY t, W? WHEN RECORDED MAIL TO: APR 25, 2005 2:52 PM ~ CITY CLERK nFFICI.o.L F:ECORl", '-,,'-l,f'J [IIEGO cnur'jrl REC[lFJ[IER'~, DFFICE ~. crrYOFPOWAY 12116 CiREGUF:"1 ,I ';t...iITH CUUNT'I FiECDR[IEFi FEb U,C1I-1 PO BOX 789 01_. 11.0 POWAY CA 92074-0789 F'i.l,GE':. 11 APN 277-220-20 1 111111 1111111111[11[111111111111111 11111 UII 11111 11111 1111111111111 1111111111 2005-0343668 Project No.. MDRA 04-91 CONSERVATiON EASEMENT DEED NO DOCUMENT TRANSFER TAX DUE -f\V (L. - THIS CONSERVATION EASEMENT DEED is made this \ "l- day of , 2004, by Poway Lot 20, LLC, A California Limited Liability Company ("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 Cal.ifornia, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated by this reference (the "Property"). B. The Property posse~s_e~wildlifeand habitat values (collectively, "conservation valu,es") 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'[iigh quality Coastal Sage Scrub. Coastal Sage Scrub is the habitat of the California Gnatcatcher".wh,ich is listed as a threatened;.~pecies on the Federal Endangered Species list. Conservation of this property therefore will preserve haoitat of a protected species. D The City of Powayis a~thorized to hold conservation easements for the preservation of land in its natural, scenic, agricyltural, iJistorical, forested, or open space condition. The ,City of Poway has authority to hold easements for i.hese purposes pursuant to California Civic Code.Section 815.3(b). E. The State of Califor~ia, by and through its DepClrtment of Fish and Game (CDFG), has jurisdid'lon, pursuant to the Fish and Gar,ne Code Section 1802, over the conservation, ['rotection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species. F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, protection" restoration, enhancement and management of fish, wildlife and native plants and the habitats on whichthEiy 'depend under the .Endangered. Species Act, 16 US C section 1531 et seq.,(ESA), the Fish 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 subdivision TTM 98'02, "Heritage II Estates .Biological Technical Report", identified impacts to Coastal Sage Scrub (CSS) habitat. Mitigation of impacted habitat was resolved as part of the Final Environmentai Impact. Report, Sch. No. 98091083, through the preservation of open space. easements on each parcel throughoutthesubdivision. Open space areas were identified on the map no: 14388, filed in the office of the County Recorder olSan. Diego County, California: on May 8, 2002, file number 2002- 0391382 for impacts tbCSS 'Recordation of Biological Conservation Easements will ensure preservation of areas set aside for Coastal Sage Scrub habitat. \ OS-IOL... C~nserv~tion Easement ad ~2117 . Page 2 H, Grantor intends to convey to Grantee the right to :preser'Je and protect the conservation values of the Property in perpetuity-in accordance with Covenants, Terms, .Conditions and Restrictions contained herein i~ f'xchange for Grantee permitting Grantor's construction of a single-family residence within Heritage"II,Estates, I. Gra~tee agrees by accepting this grant to ,honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity'the conservation values of the property in accordance with the terms of this Conservation Easement for the benefit of this'genefation 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 cO,nveys to Grantee conservation easement in perpetuity over the Property of the,nature and character and to the extent hereinafter set forth ("Easement"). 1. Purpose, The purpose ofthis Conservation. Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair or interfere with the conservation values of the Property Grantor intends that this Conservation Easement will confine the use of the Property to such activities, including without limitation, those involving the preservation and enhancement of native species' and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Riqhts of Grantee. To,accomplish the purposes ofthis Conservation Easement, Grantor hereby grants arid 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 COl1s~rvation Easement, including Grantor's obligation to manage the property consistent with Grantor's duties ?S .set forth in section 4, 'and for scientific research and..;nterpretive 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 311yact, 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 ofthe Property; and (e) 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 purp.ose~:9f this Conservation Easement,and riot s'pecifically reserved as a right of Grantor is prohibited. Withoyt 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 'Habltat Conservation Plan/NCCP (a) Unseaspnable watering, use of herbicides, rodenticides, or weed abatement adivities, 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 Poway; and then only over existing roads. . C~nservation Easement ad . 12118 Page 3 (c) Grazing or surface entry for exploration or extraction of minerals; (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 treatmentof disease. (h) Planting of trees or other vegetation except'by written permission from the City of Poway 4 Grantor's Duties. Grantor shal.1 undertake all reasonable actions to prevenUheunlawful entry and trespass by persons whose activities may degrade or hi:lrm the conservation values of the Property In addition, Grantoc shall undertake all necessary actions to protect Grantee's rights under Section 2: of this Conservation Easement. Grantor further covenants:thaLmaintenance ofthe Property, to wit clean up of all trash and debris, shall be the Grantor's responsibility 5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of-the Property, including the right to engage in or to permit or invite others: to engage in all uses of the Property that are consistent with the purposes of this Conservation Easem-ent. 6. Grantee's Remedies. If Grantee determines thai 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 Grantorfails to cure the violation within.thirty (30) days afterTeceipt of said written'notice and demand from Gra'ntee, or if the 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 cOQtinue diligently to ,complete the cure, Grantee may Dring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual'dam;:lges 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 violatioh or injury Without limiting Grantor's Iiability.therefore, Grantee may apply any damages recovereo to the cost of undertaking' any corrective action on the Property If Grantee, in its sole discretion, deterrnin<,!s that. circumstances require immediate action to prevent or mitigate significant damage to the conservation yalues ofthe Property, Grantee may pursue its remedies underthis paragraph without prior notice to Grantoror'Without waiting' for the period provided for cure to expire. Gra'ntee's rights under this paragraph apply. equally to actual or threatened violations of the terms ofthis Conservation Easement. Grantor and Grantee agree that Grantee's remedies. for any violation ofthe terms of this 'Conservation Easement'is ihE< 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 tne terms of this Conservation Easement in each case, without the necessity of proving either actual damages or t,~e inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and stlall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If at any time in the future Grantor or any sub.sequent)ransferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code c~nserv~tion Easement .d . 12119 Page 4 Section 815.7, the California Attorney General or third-party entitlj'ls organized.for conservation purposes have stan'ding as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (CbFG) 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 olEnforcement. Any costs incurred by Grantee orCDFG in enforcing the terms of this Conservation Easement. against Grantor, in'cluiJing, 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 Easementshall be borne by Grantor 6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee or CDFG shall be at the discretion of Grantee and CDFG,.and any forbearance by Grantee or CDFG to exercise its rights under this Conservation Easemen't by Grantor shall not be deemed or constr~ed to be a waiver by Grantee,of such term or of any subse'cjuent breach of the same or any other term of this Conservation Easement or of any of the Grantee's,rights under this'Conservation Easement. No delay or omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver 6.3. Acts Bevond Grantor's Control. Nothing contained in th is 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 PrQperty resulting from causes beyond"Grantor's control, including, fire, flood, storm, and,earth movement,'or,any prudent action taken by. Grantor under emergency conditions to prevent, abate, or mitigate significant. injury to the Property resulting from such causes. 6.4 DepartmenLof Fish and Game Riqht of Enforcement. All rights and remedies conveyed to Grantee under this C9Qservation Easement Deed shall extend to and are enforceable by the Department of Fish and Game or USFWS. 7 Metal Fence Stake, Installation and Maintenance. In order to identify and demarcate the boundaries of the Conservation,Easement Deed area on Lot 20, 18'Z87 Heritage Drive, APN 277-220'20, within. ninety'days, the Grantor shall install and maintain metal fence stakes (T-stakes paihtedwhite) six (6) feet in height [2 feet below grade and 4 feet exposed above grade] as follows: A stake shall be installed at the property line at the,pointofintersection with the easerrlentboundary line and also installed at intervals of seventy-five (75)feei.'along the length of the easement boundary line. The purpose of this staking is to identifyto the, lot, owner the Qoundaries of the conservation easement area, and to protect in perpetuity the conservation values. ~lnd function of the Property 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.notconvey a general right of access to the public. 9 Costs and Liabilities. Grantor retains all resp'onsibil ities and shall bear all costs and liabilities of any. kind related to the ownership, operation, upkeep, ,arid maintenance of the Property 9 1 Taxes. Grantor shall pay, before delinquency.all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent. authority (cojlectively "'(axes':),. inCluiJing any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and representatives, successors,and assigns (collectively "Indemnified Parties') from and'against all liabilities, penalties, costs, losses, dam'age-s, ex'penses, causes of action"claims; demands, or judgments, including without, limitation, reasonable attorneys' fees, arising from orin anyway'connected with: (1) injury to or the death of any, person, or physical damages to any property resulting from any act, omission, condition, .conservation Easement .d . , 12120 Page 5 or other matter related to or occurring on ()r about the Property, rE;gardless of cause: (2) the obligations specified'in Sections 4, 9, and9.1, and (3) the existence or administration of this Conservation Easement. ;9,3. Condemnation. The purposes of the Concsel'(ation Easement are presumed to be the best and most necessary public use as defined at Co<:Ie,' of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. 10. Assiqnment. This Conserv?tion Easement may not be transferred, assigned, or extinguished without' the prior written approval of CDFG. Grantee may assign its rights and obligations under this Conservation Easement only to' 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. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itselfof 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 ofthe 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-impainhe validity of this Conservation Easement or limit its enforceability in any way Grantor shall noLgrant additionai 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 io another shall be personally. delivered or sent by facsimile to the persons set" forth below or shall be de"medgiven 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' Poway Lot 20, LLC, A California Limited Liability Company 12675 Danielson Court, #414 Poway, CA 92064 To Grantee: City of Poway P,O Box 789 Poway CA 92074 With a copy to: Department of Fish and Game Natural Community Conservation Planning 4949 ViewridgeAvenue San Diego, CA92123 The parties agree to accept facsimile signed documents and agree to rely upon such documents as..,ihthey'boreoriginal signatures. Each partY'agre"s'to provide to the other parties, within seventy-two (72) hourslafter transmission of a facsimile,' documenis 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 the purposes of this Conservation Easement and, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. 14 Recordation. Grantor shall promptly record this instrument in the official records of San Diego County, California andiinmediately notify the Grantee and CDFG through the mailing of a confirmed copy of the recorded easenient. ~~~:e;~tion Easement.d -12121 . 15. General Provisions. (a) Controllinq Law The interpretation and performance of this Conservation Easement shall be governed by. the laws ofthe State of California. (R) Liberal Construction, Any general rule of construction to the contrary notwithstanding, this Conservation Easem_entshall be liberally construed in favor ofthe deed to effect the purposes of this Conservation Easement;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 Ihat would render it invalid. (c) Severabilitv If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement Deed, such action shall not affect the remainder of this Conservation Easement Deed. . 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 for:th 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 thisinstrumentshall 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 of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall also benefit CDFG (g) Termination of Riqhts and Obliqations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the, party's interest in the Conservation Easement or Property, except that'liability for acts or omissions occurring prior to transfer shall survive transfer (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 wiJohas 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. (k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by reference. (I) Appropriations. The duty of the City of Poway and CDFG to carry out their respective obligations under this Easement shall be subject.to the availability of appropriate funds. (m) Effective Date. This Easement shall be effective upon recording with the San~Diego County Recorder's Office. conserv~tjon Easement ad . 12122 Page 7 IN WITNESS'THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and year first above written. GRANTOR: Poway Lot 20, LLC, A California Limited Liability Company, Property Owner ~?~ By '-- ,- c.-K..C) \ Ronaltl Steven Rogers Approved as to Form: Office of the City Attorney Tamara Smith, City Attorney BY~~ Tamara Smith, City Attorney M:\planning\peggy\mdra2004\mdra04-91 Heritage 2Q,LLC\Conservation Easement Deed.doc , . . 12123 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ 1 1 I, State of Califomia } ss. [ / \ County of "').q/f/ J)j a; 2> 1 .- A j;; AIr k I 1 On IlIR/L I /2,2{){JJ before me, n'1YiU5 f/l/i/AI 'crTdY. U/SL-(C- I D." :t: Q Name and Title 01 OHicer (e g. "Jane Doe, Notary Public") personally appeared -.)lllu.-l ..'/1/' '0 Eo'll( S Name(slofSigner(s) o personally known to me I I 'j(proved to me on the basis of satisfactory evidence I' I ( to be the person(l.'l whose name(S]. is/are I ~ - :.- - :~=~f\~~:-~ subscribed to the within instrument and 1 acknowledged to me that he/s!',e/thl,y executed ~ @ Notary Public - CaUlomla f the same in his/t\1ir/thSJr authorized I. capacity(iW, and that by his/~er/th'ei[ . San Diego County - signaturel51 on the instrument the person(S)', or I ~ _ _ _ ~:":"':.~~9.:.2~7t I , the entity upon'behalf of which the person($) I acted, executed the instrument. I. I 1 I. I Signature of Notary Pubhc .1 I' I I' OPTIONAL I 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 ~ I I Title or Type of Document: C.{J~//A170~ tA.v?l(:;-;?J:r I 'E?!"h I ,. 1 Document Date: rl-";z/L /Z 200J Number of Pages: /(J I' Signer(s) Other Than Named Above: ~11APA ~ )1111 n;; C/ IY /JrTl),{' ,'t I I. " I Capacity(ies) Claimed by Signer I, I Signer's Name: [ o Individual Top of thumb here o Corporate Officer - Title(s): I I o Partner - 0 Limited 0 General [, o Attorney-in-Fact I I, o Trustee [ D Guardian or Conservator o Other' I I Signer Is Representing: /t.vrJ/W loi'" 2 ~ L L.t.-' , I " ~ C 1999 Na~onal Nolary Association' 9350 De Solo Ave.. P,O. Box 2402' Chatsworth, CA 91313-2402' www,nationalnotary,org Prod. No. 5907 Reorder: Call Toll-Free '-800-876-6627 . . 12124 EXHIBIT A BIOLOGICAL CONSERVATION EASEMENT THAT CERTAIN AREA SIIOWN AS OPEN SPACE EASEMENT ON LOT 20- OF CITY OF POWA Y TRACT NO.98-02~HERITAGE RANCH ESTAl'ES, ACCORDING TO MAP NO. 14388, FILED IN l'HE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COU_NTY, CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382 OF OFFICIAL RECORDS. . EXHIBIT B . Lot 20 12125 Individual Lot Declaration The Rentage Esta~es \" -, " .............. , " \ -....... _ .. Lot Dimension \ ~"r--~--~-- , - , " ~"',,---- ,Open Space \ Easement ~ ~. , ~'- " \ Zone I Setback- 0 7' Landscape , Owner Maintained Easement. HCEA , Maintained \ /' 6' Parkway - HCEA , V , Maintained \ ( , ~ , I .,\ . .\ "2/0'::"\ so' d'" A " ""-:-,":: :,.:::\ Side Yard \, ;5>~9_'-- r. I Setback '\ Acres j I "6!ffi. ! f- l' Z I I 6 L .., I Q. -.~*-':J U 258' 0:: ~ 6' , Front Yard Setback Legend Nortb Property Line ----- Slope J..-",afioit wp ~ '>toe ?/:,'n Space --- asement Line DrainageSwakj Cul_ . S form Drain =---::=[':1 <== <== 0 100 200 Sewer Line - I-- I Water Une -w__ Building Envelop, I Staltinfut Sewer J::.jne Connection @ CrJmmonArea ~ Se,GradingPian, fOr pregradd wpograpby Water Line Connection @ Mmntenance Easement HCEA Ulilit! Conn,ction: @ Maintained Telephone, Gas, StreetLight .? Ekclri<, TV Cabks Lot Number -------. FireHydra;nt ~ LotSiz' ,20 ------..; 5.30 Pinisb,d'Pad Acre. Ekvalion -4 "" " , co~servation Easement Del . PageS 12126 CERTIFICATE OF ACCEPTANCE This is. t9 ;Ce,riify '!hat the inter~stin real property conveyed, by the Conservation Easement by Poway Lot 20, ~LC; ACali!ornia Limited.UabilityCompany, dated ADr; 1 1 g. 2005 , to the City of Poway, Grantee"and:to.the California Departmerilof.,Fish and Game, as a third party beneficiary, a governmentaLageincy.<underGovernment:Code Section'27281), is hereby accepted by the undersigned officer on behalf'of'tre'8ity of Poway, pursuant'to authority conferred by Resolution No. 34 of'the City of Poway on January 20,1981 GRANTEE: City of Poway By:)f;~NJ Title. L. Diane,Shea. Citv Clerk AiJthorized Representative Date. Lfhi/OS- ,