Conservation Easement Deed 2005-0125625
, ---
~ ,RE<;;.o~pIN~ R~ClUEST.BY: , DOC.
2005-012~;tI25
-if', CITY OF POWAY I I 1111111 1111 I!III 1111111111 1111111111111111111111111111111111111111111
~,k WHEN RECORDED MAIL TO:
FEB 15 2005 9-41 AM
t,~ CITY CLERK. 1-IFFlCI.:.:...L F:EI-:DF:[I'~
',.~r'J Lill:flll IJIUnr, FiECOR[IEF:''::. I=WFILE
~ CITY OFPOWAY '=iF=:r:C1CR', ':,ldITH cour'Jr, F:ECOF:[IER
PO BOX,789 rEE ~ 0,00
d '"~ C'~__-_ ."....,~ ,". :c. oe 11,0
POWAY CA 92074'0789 F'""ilE =, 12
111111111111 IIIIIIIIIII!III 111111111111111 11111111111111 111111111111111111111111 ~
APN 277"220-15 ()4~'2,
Project No.. MORA 04,54 2005.0125625
CONSERVATION EASEMENT DEED
NO DOCUMENTARY TRANSFER TAX DUE
THIS CONSERVATlONEA-SEM~NT DEED is made!his 'zK day of Oc;rnllJe\2 ,2004, by
James Robert St. John and. Patricia Ann 5t. John, Trustees of theSt. John Family Trust, and Christopher
J Coseo and Brenda M.Coseo, Trustees of the Coseo Family Trust, ("Grantor"), in favor of City of Roway
("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 qf Poway,
County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and incorporated by this reference (the "PropertY:').
B. The Property possesses wildlife and habitat values (collectively, "conservation values") of
great importance to the Grantee,. the pe6pleof 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 list. Conservation of this. property therefore will preserve habitat of a protected species.
o The City of Poway is authorized to hold conservation easements for the preservation of
land in its natural,scenic, agricultural, historical, forested, or opel]: space condition. The City of Poway
has authority to hold easements for.these purposes pursuant.to 8alifornia Civic Code Section 815.3(b).
E. The State of C"lifornia,. by, and through its Department of Fish and Game (CDFG), has
jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and
management of fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of those species.
F The United States Fish and. Wildlife Services (US;FWS) has jurisdiction over the
conservation, protection, restoration, enhancement and managelllent offish, wildlife and native plants
and the habitats 9n which)hE'>ycdepeng under the Endangered Species ~ct, 16 U.S.C. section 1531 et
seq (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C section 661-666c and other applicable laws.
G. The Biological Resources Analysis' prepared by P&D Environmental, dated January
2000, for subdivision 11M 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
Eniiirorl'merital:lmpact Report, Sch. No, 98091083, through the preservation of open space,eas"ements on
each parcel through-out the subdivision. Open space areas,were igentified on the map no. 14388, filed in
the office of the County Recorder of San Diego County, California, on May 8, 2002, file number 2002-
0391382'for irTipacts toCSS Recordation of Biological Conservation Easements will ensure preservation
of.areassetaside'for Coastal Sage'Scrub habitat
f)6 -f);JS
" ,Conservation. Easement Old . 6443
Page 2
H Grantor intends toconvey'to Grantee the right to preserve and protect the conservation
valuesofthe Property.in perpetuitY in accoraance with Covenants, Terms, Condi)ions and Restrictions
contained 'herein in exchange for Grantee permitting Grantor!s construction of a single-family residence
within Heritage II Estates,
I. Grantee agre-es by accepting this grant to honor the intentions of Grantor stated herein
~nd to preserve and to protect ,in'perpetuity the conservation values of the property in accordance with
the.terms,ofthis Conservation Easementfbr the benefit of this generation and the generations to come.
COVENANTS, TERMS, CONDITIONS AND'RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant,to California law, including Civil Code Section 815, et seq.,
G'rantor herallY voluntarily deeds'and conveys to Grantee conservation easement in perpetuity over the
Property ofthe nature and character and to the extent hereinafter sHforth ("Easement").
1 Puroose. The purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent an'y use of the Property that wili materially
impair or interfere with the conservation values of the Property Grantor intends that this Conservation
Easement wiil confine the use of the Property to such, activities, including without limitation, those
involving the preservation a~d enhancement of native species arid their habitat in a manner consistent
with the habitat conservation purposes of this Conservation Easement.
2. Riqhts of Grantee, To acc9mplish the purposes of this Conservation Easement, Grantor
hereby.grants and conveys. the fbllowing:,rights to Grantee and,the,State of California Department of Fish
and Game as a third party beneficiary of'this easement by this Conservation Easement Deed:
(a) To preserve'and protect in perpetuity the conservation values of the Property in
accordance,with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's
obligation to manage the property consistent with Grantor's duties as 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 of this Conservation Easement and to require the restoratibn 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) Aii mineral, air and water rights necessary to protect and sustain the biological
resources of the 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 purP9ses of this Conservation EasemenH3nd: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) Unseasonable watering, use of herbicides,. rodenticides, or weed abatement
activities, incompatible fire protection activities and any and allother 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 Cit{ofPoway, and, then only,over existing roads.
Conservation Easement.d . 6444
Page 3
(c) Grazing or surface entry for exploration or extrac~on of minerals;
(d) Erection o(,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
treatment6f 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 reasonable actions to prevent the unlawful
entry and trespass by persons whose activities may degrade6r harm the conservation values of the
Property In addition, Grantor shall 'u'ndertake all necessary ,acticins to protect Grantee's rights under
Section 2 of this Conservation Easement Grantor further covenants that maintenance of the Property, to
wit clean up of all trashand'debris"shall be the Grantor's responsibility
5 Reserved Riqhts. Grantor reserves to itself" and tci 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 Easement.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or'th?t'a violation is threatened, Grantee shall give written notice'to'Grantor
of such violati()n 9~d demand in writing corrective action sufficient to cure the violation. Grantee shall
"Iso notify the California Departmem,ofFish and Game. If Grantor'fails to cure the violation within thirty
(30) days aft~r receipt ofsaidwrit(en n()tice.and demand from Grantee, orifthe 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 continue diligently to cOmplete the cure, Grantee may bring an action at law or In equity ina
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 {Jarte as necessary, by temporary or permanent injunction without
the necessity of proving either ac,tual cjamages or the'inadequacYi~f'.otherwise available legal remedies,
or for other eq~itable relief, including, but not limited to, the restor,,,,tion 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
WGrantee, in its sole discretion, determines that Circumstances require immediate action
to prevent or mitigate significant' damage to the conservation'values of the Property, Grantee may pursue
its remedies under this paragraph without prior notice,to Grantor 6r.\Nithout waiting for the period provided
for cure to expire. Grantee's rights under this paragraphap'ply equally to actual or threatened violations
of the terms of this Conservation Easement. Grantor ana Grantee:agree'that Grantee's remedies for any
violation ofthe terms of this.Conservation 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 the terms of this Conservation Easement in each case, without the necessity of
proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's
remedies described in .this section shall be cumulative arid 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, 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
Conservation E;asement old . 644:5
Page 4 Section 815:7, the,California Attf?rney Ge.neral or third'padyentitles organized'for conservation purposes
. .
have standing as interesfed 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
easementshall have'the same rights as Grantee under this section to enforce the terms of the easement.
6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of this: Conservation Easement against Grantor, includingi .but not limited to, costs of suit and
attorneys' fees, ana ari'y,costs of restoration necessitated by Grantor's violation or negligence under the
termsoUhis Conservation Easement shall 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 uriderthis Conservation Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easement or of any of the Grantee's rights under this Conservaiion 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 CDFGtobring any action against Grantor
for any injury to change in the Property resulting from causes beyond Grantor's control, including, fire,
flood, 'storm,. and earth movement, or'any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting' from, such causes.
6.4 Department ofFish and Game Riqht of Enforcement. All rights and remedies
conveyed to Grqntee under this C9nser;vatibn Easement Deed shall.extend'to and are enforceable by the
Department of Fish and Game or iJSFWS.
7 Metal Fence Stake Installation and Maintenance. In' order to identify and demarcate the
boundaries of the Conservation Ease,mentDeed area on Lot 15,14165 Augusta Court, APN277,220,15,
within ninety days, the Grantor shall"install and maintain metalJencestakes (T,stakes painted white) 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 atthe'poipt of intersection with the easement boundary line and. also installed
at intervals,ofseventy,five (75) feet along the length of the easement:boundary line. The purpose of this
staking is to identify to the lot owner.thE'> goundaries of the conservation easement area, and to protect in
perpetuity the conservation values and function of the Property 'The specific location of all required
stakes shall also be plotted on ExhibitS (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. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind' related to the ownership, operation, upkeep,.,inefmaintenanceof 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
(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 payment upon request.
9.2.. Hold Harmless. Grantor shallhola harmless, indemnify, and defend Grantee and
CDFG an(j its members, directors,officers, employees, agent~" contractors, and their heirs, and
representatives"successors and assigns (collectively "lnderTlnified Parties") from and againstallliabilities,
penalties,costs; losses, damage.s, expenses, causes of,action, claims, demands, or.judgments, including
without limitation, reasonable attorneys'fees, arisingfrom':or. in' any way connected with: (1) injury to or
the death of any person, or physical damages to any property resulting from any act, omission, condition,
Conservation Easement Old . 6446
Page 5 or other'matter'related to.or occurring on or about the Property, regardless of cause; (2) the 'obligations
specified' in, SeCtions 4, 9, and 9.1 ,ana.(3)the existence or administration,of this Conservation Easement.
9.3. 86ndemnation, The purposes of the Conservation Easement are presumed to
be the best ana most necessary pUblic use as defined at Code of Civil Procedure Section 1240 680
notwithstanding Coaeof'Civil Procedure Sections 1240.690 and 1240 700
10: .Assiqnment. This 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 only .to an entity or organization authorized to acquire and hold
c9nser.vation 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 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 oDhe intent to transfer any interest at least forty,five (45) days
prior to the date of s,uch transfer Grantee.shall have the right top'revent subsequent transfers in which
prospective subsequent claimants or transferees are not given notic'e of the covenants, terms, conditions
and restrictions of tl)is Conservation Easement. The failure of Grantor or Grantee to perform any act
provided in this section shall not impairthevalidity 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:. gemands, requests, consents, approvals, or communications from
one party to another shall be personally delivered or sent by facsimile to the persons set forth below or
shall be deemed given five (5) days a!tEirdeposit 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 timespec;fy to the other parties in writing:
To Grantor' James Robert St. John .and. Patricia Ann St. John, Trustees of
the St. John Family Trust"and Christopher J Coseo and Brenda
M. Coseo, Trustees of the Coseo Family Trust
c/o CSJ Properties
15023 Huntington Gate
Poway, CA 92064
To Grantee. City of Poway
POBox 789
Poway CA 92074
With a copy to: Departmentof Fish and Game
Natural Community Conservation Planning
4949'ViewridgeAvenue
San Diego, CA 92123
The parties agree to accept .facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees40 provide to the other parties, within
seveniy'two (72) hours after transmission of a facsimile, documents that bear the original signatures.
13. Amendment. This Conservation Easement may be amended by Grantor and Grantee
only by mutual VIIritten 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 amendmeritshall'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 80unty, California and immediately notify the Grantee and CDFG through the mailing of a
confirmed copy of the recorded easement.
Conservation Easement Did . 6 4 47
Page 6
15 General Provisions.
(a) .Controllinq Law The. interpretation and performance of this Conservation
Easement'shall be'governed by'the laws. of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easel11entshall be liberally construed in favor ofthe deed to effect the
purposesofthis'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 Coriservation Easement that would render the provision ,valid shall be favored over any
interpretation that would render it invalid.
(c) Severabilitv If a court.of competent jurisejiction voids or invalidates on its face
any provision of this Conservation Easement Deed, such action shall not affect the remainder qf this
Conservation Easement Deed. If 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 appiication of the provisioii to other persons or circumstances.
(d) Entire Aqreement This instrument sets forth the entire agreement of the parties
with respect to the Conservation 'Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the ConserVation Easement, all of which are merged herein.
No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in
accordance with Section 13
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement Deed shall be binding upon, and inure to the' benefit of, the parties. hereto and
their respective pE>rsonal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property These cmienarits' hereunder benefiting Grantee shall
also benefit CDFG.
(gJ Termination of Riqhts and Obliqations. Aparty!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 lia~ility 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 signeq by Grant6r and Grantee; each counterpart shall be
deemed an original instrument as .against any party who has Isigned it. In the event of any disparity
between the counterparts produced, the recorded countetpartshall be controlling.
U) Modification. This Easement is not,subjectto.modification or amendment except
in writing and signed by Gtantor, 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 subjecUo the availability of appropriate funds.
(m) Effective Date. This Easement shall be effective upon recording with the San
Diego County Recorder's 'Office.
Conservation Easement Did . 6448
Page 7
IN WITNESS THEREOF, Grantor and Granteehave.eritered into this'Conservation Easement the
day.and year first above written,
GRANTOR:
James,Robert St. John and Patricia Ann.St.,John, Trustees of the St. John Family Trust, and Christopher
J Coseo and Brenda M. Coseo, Trustees of the Coseo Family Trust, Property Owners
By' By' ~
John
By' cQo~~\ By' ~ ).( ~
Christopher J Coseo jBrenda M. Coseo
Approved as to Form:
Office of the City Attorney
Tamara Smith, City Attorney
BY'~~~
Tamara Smith, City Attorney
M :\planning\peggy\mdra2004\mdra04-54' CSJ: P.roperties\Conservation Easement Deed.doc
. .
6449
ALL PURPOSE ACKNOWLEDGMENT
State of. C n..lt' tn r r1 j()..
County of SOdl Di-e5'D
onNOIlfXY\hex 2. 'laDy' before me, ~ bIlL
Date Name and Title of Officer (e.g., "J ne Doe, Notary
personally appeared J ClVYIt~ 0 t. J 0 hx\ C\..Vl J.. 'P (LW U CL. S t, J D hn,
Namels) of Signerls)
~ersonally known to me - OR - o proved to me on the basis of satisfactory evidence to be the
person(s) 'whose name(s)'is/are subscribed to the within
instrument and acknowleciged to me that he/she/they
executed the same in his/her/their authorized
_ _ _ _ _ _ _ ~ __ _ _ capacitY(ies),:'~ndihat by his/her/their signature(s) on
1 ALUSONSlERETT i the instrument the person(s), or the entity upon behalf of
_~ .com.m Iss. Ion # 15115794 i which the pers on(s) acted, executed the instrument.
. ~ .. Noll>IYPubIIc ,CaUlornla .~
! '. SanOle9o. county.. . 20081 WITNESS my hand. and official seal.
MyComm. ExpireoAug5, .. .
- - - -- - - - - ~ - - '- Aut S 0)1 J ~I ~
Signature-of Notary Public
DOCUMENTTYPE. Co Y1sff,rcrftfJYI EaJuntf1f /)ceed
DOCUMENT DATE. / D /25/0 LJ
OTHER SIGNERS Chn's-kphif 't" ByendC1.. C/;seo
.
.
. .
6450
ALL PURPOSE ACKNOWLEDGMENT
State of
On before me, \ ison ~ttrC o\D.r ~llbh"L.
Date Name and Title:of.Officer (e.f;L, "Jane Doe, Nota ublic")
personally appeared L\"wi:::s~hex- J" LO::::;eD o.rl&. ~rm6..D--M" c'D5tD
Name(s) of Signer(s)
Kpersonally known to me- OR - D'proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s).'is/are subscribed to the within
instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on
the instrumenUhe person(s), or the entity upon behalf of
l ~ - - - - - - - - -' - - which the person(s) acted, executed the instrument
fJ ---- ,
i , . '. Comml$llon" 1505194 WITNESS my hand,and official seaL
, "... . Nolary Public. Caliiomla
. Son ~ countY . .AlMS m ( fi~' "
My Comm. Explles Aug 51 "
Signature ofFJOtary Public
DOCUMENTTYPE Con5erVa.n ~YJ EClS(,f}1ur!- D-eed
DOCUMENT DATE. /0/2-5/0Lf
OTHER SIGNERS JtvYl{0 -r P-a;.,fnOCl<.. \t,JlJhn
Conservation Easement old . 6451
Page 8
CERTIFICATE OF ACCEPTANCE
This is .to Certify that the interest ,in real property conveyed by the Conservation Easement by
James Robert.Sf. John and Patricia Ann St. John, Trustees of the St. John Family Trust, and Christopher
J Coseo and Brenda M. Coseo, Trustees of the Coseo Family Trust, dated October 25, 2004, to the City
of Poway, Grantee, and to the California Department of Fish and Game, as a third party beneficiary, a
governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned
officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of
Powayon January 20,1981
GRANTEE. City of Poway
By' t1k~
Title: L .Diane Shea, Citv Clerk
Authorized Representative
Date: Februa ry 4, 2Q05
. .
6452
EXHIBIT A
BIOLOGICAL CONSERVATION EASEMENT
THA'f CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON
LOT 15 OF CITY OF POWAY TRACT NO. .98"02 HERITAGE RANCH
ESTATES, ACCORDING TO MAP NO. 14388, FIlJED IN THE OFFICE
OF THE COUNTY RECORDER OF sAN DIEGO COUNTY,
CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002"0391382
OF OFFICIAL RECORDS.
, . EXHIBITB .
Lot 15 6453
Individual Lot Declaration
The He17tage Estates
7' Landscape
Easement '- HCEA "
'Maintained
6' Parkway - HCEA
Maintained, ?>~
~c,o\J.
~w>\JS~
I \
J '
/ /\
1 OO':Fuel. Modification -~ / \
Zone I Setback- , ,
OWnei,Main!alned ' ~ ________ Open' Space \
~, ~~ Easeme~ \
~ \ '-
, .>
'~ //
"v....~~
Legend North
Proptr!Y Une - -,- -- Slope ucation top~ ~
?!.", Sprue -,_.- / foe
asement Line Drainage S wakf Culvert
Storm Drain ,=;-=-~ . = = 0 100 200
SeuierUne -. ----'
WaterLine - . - B1I'i/ding Envelope I I SUlfe.infut
Sewer Line ConneCtion @) Common Are.a ~ See Grading Plans for pregraded topograpfry
Water Une Connection @ 'Maintenance
EiLrement HCEA
Utility Connection: @ Maintaimd
Telephone,. Gas, p
Electri<, TV Cables SlmlUght
Lot Number ------. Fire Jfydrl1nt ~
LotSi'(! 15
-----------.: ~u
PinishedPad ^""
Elevation ._770'