Loading...
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'