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Conservation Easement Deed 2005-0115084 . , 'rb . ( . - lJ{ .~ . . DOC # 2005-011 50>::;4 ~ RECORDING REQUESTED :yO ~1 111111111111 ~~~II,I~11 ~~~IIII"~~I~~I ~~IIIIIIIII"I ) ,"FFI[I'.L RECOF:[,". =","'JHJlEGCi U IUNT'r F:EDJR[IEF:"_, CIFFiI E CITY OF POW AY) 1"r:EioUF:', .1 ',IIITH '~OUNT, F:ECCiFlLoEF: ) FEE'" 0.00 or r'lp WHEN RECORDED MAIL TO: ) Fe'L L' CITY CLE RK ~ 111111111111 11111111111111111111111111111111111111/11111111111 lIil/llll! Ilii illl CITY OF POWAY ) POBOX 789 ) POWAY CA 92074 ) 2005-01'15084 ) ) (This space for Recorder's Use Only) 277-220-38 Project Nos. MDRA 03-90/MCUP .03-10 CONSERVATION EASEMENT DEED Documentary Transfer Tax Due' $000 ~(1JmuV Stierrie D Worrell, Deputy City Clerk City of Poway 05-011 , . \: \ . . 9608 I RECORDING REQUESTED BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OFPOWAY P 0,BOX789 POWAY CA 92074-0789 Space Above Line for Recorder's Use Only APN 277-220-38 Project Nos. MDRA 03c90/MCUP'03-10 CONSERVATION EASEMENT DEED @) THIS CONSERVATION EASEMENT DEED is made.this li.'daY'Of :rA"~_1"1 =, by Stephen ;~ Trach".!,,1 C'Grant()r"), in favor of City of poway ("Grantee"), aCting by and through its Development S'ervices Department, with reference'to.the following facts. RECITALS A. Grantor is the ~ole owner in fee simple of certain. real property in the City of Poway, County of San Diego, State of .Califor"ia, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated by,this'reference (the "Property"). B. The Property pos~es?es wildlife and habitat values'(coliectively, "conservation values") of great importance to the 'GranteEl' 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 high quality Coastal Sage $cr~b Coastal. Sage S9rub is the habitat of the California Gnatcatcher, which is. listed as a threate"ed species on the Federal Endangered Species list. Conservation ofthis,pioperty therefore will preserve habitat.of a protected species. D The City of Poway is authorized to hold conservation easements for the pr!lservati,?n of land in its natural, scenic, ag'ricultural, .historical, forested, or open space condition. The City qf Poway has authoiityto hold easements f6r. these purposes pursuant to 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 Fish arid 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. j F The United States Fish ancj Wilcjlife, Services (USFWS) has jurisdiction over the conservation, protection; n9sto!alion, enhancement and management offish, 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 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'll Estates Biological'Technical. Report", identified impacts to:Coastal Sage Scrub (CSS) habitat. Mitigation of impacted habitat was resolved as part of the Final Environmental Impact Report, Sch.No. 98091083, through the preservation of open space easements on each parcel throughout'the'subdivision. Open space areas were idel1tiiiedon:themap no 14388, filed in the office of - . . - th'e County Recorder 01, Soan Diego County, California on May 8, 2002, file number 2002-0391382 for impacts to CSS. Recordation of Biological Conservation Easements will ensure preservation of areas set asiae for coastal sage scrui>- habitat. . H. Grantor intends to cqnvey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions Cb-O 1\ Conservation Easement DI . 9609 Page 2 contained herein in exchange for Grantee permitting Grantor's construction oj a sing ie-family residence within Heritage II. Estates. I. Grantee.,agrees b"yi.accepting this g[anUo honor .the intentions of Grantor stated herein and to preserve and to protect in perpetuity the conse[vation. values of the property in accordance with the terms ofthis.Conservation Easemimt for the benefit,ofthis generation and the generations to come. COVENANTS. TERMS. CONDITIONS ANDRESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and [estrictions c9ntained herein, and'pursuant to California law, including Civil'Code Section 815, et seq., Grantor hereby voluntarily deedsal")d c(lnveys 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 of this Conservation Easement is to ensure the Property will'. be preserved in a natural condition iO p".rpeJuity and to prevenLany use of the Property that will materialiy impair or interfere with the conserya!ion'values of the Property Grantor intends that this Conservation EasemenL wili 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 of this Conservation Easement, Grantor hereby grants and conveys the foliowing. rights to Grantee and the'State of California Department of Fish and Game as a third party beneficiary 6Uhis 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 a's 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, a,ctlvity 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 (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 purposes of this Conservation 'Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, 'the foliowing uses by Grantor, Grantor's agents,and thi~d 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 ali other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off,road vehicles; excepLvehicles used for property maintenance required by the City of Poway, and then only over existing roads. (c) Grazing or surface entry for exploration or extraction of minerais; ';, Conservation Easement DI . 9610 Page 3 (d) Erection of any building, biliboard, 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 ofthe 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. traiis 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 ali rEiasonableactions to prevent the u.n I aw1u I entry and trespass byperson~ ,whose activities may degrade or: ha'rrii the conservation values of the Property; In adqiti()~; Grantor sha.liund~rtake ali necessary actions to protect Grantee's rights under .Sec:tion'2'ofthis Conservation EasemeoL Grantor further covenants that maintenance of the Property, to wit: clean up of ali trash and debris, shali be the Grantor's responsibility 5. Reserved Riahts. 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 10 permit or invite others to engage in ali uses of the' Property that are consistent with the purposes of this Conservation Easement. 6. Grantee's Reme'dies. if Grantee determines that Grantor is in violation of the terms of this Conservation Easement or tnat 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 shali also notify the California Department of Fish and Game If Grantor faits to cure the violation ,within thirty (30) days after receipt of said written notice and demand from Grqntee, or if the cure reasonablYTequires 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 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 eitheractual.damages or the inadeq'uacy of otherwise available legal remedies, or for other equitable relief, incl!Jding, but not limited to, the restoration 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 If Grantee, in its sole discretion, determines that circumstances require.immediate.action to prevent or mitigatjl ~ignificant damage to the conservation. values. oUhe Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting 'for the period provided for cure to expire. Grantee's rights under this paragraph' apply equaliy.to actual or threatened violations of the term,s'ofthis Conservation Easement. Grantor and Granteelagree.that Grantee's remedie~ for any violation of the 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 shali be cumulative. and 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 Section 815.7, the California Attorney General or third-party entitles organized for conservationpurposes Conservation Easement DI . 9611 Page 4 havestandirig as interested parties in ,any proceeding affecting this Conservation Easement as against Grantor. The California Departrnent of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same iights,as Grantee under this section to enforce the terms of the easement. 6.1 Costs,ofEnforcement. Any costs incurred tiyGrantee or CDFG in enforcing the terms of this Conservation Ea~e]11ent a.gainst Grantor, including, 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 Easemenl'shal'l 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 Easement by Grantor shall not be deemed or construed to be a waiver by Gc8."tee 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 Conservation Easement. No delay or .omission by Grantee, or CDFG in the exercise oi any right or remedy upon any breach by Grahto(shall'impair such right or remedy or be construed asa waiver 6.3. Acts Bevcind Grantor's Control. Nothing contained in this Conservation Easement by Grantee shall be at th'e,discretion of Grantee and CDFGto bring any action against Grantor .for any injury to change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, andeartn movement. or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significarilinjuryto the Property resuitingfromsuch causes. 6.4" Department' of Fish and Game Riaht of Enforcement. AIi rights and remedies conveyed to Grantee under this,Conservation Easement Deed shali extend to and are enforceable by the Department of. Fish and Game or USFWS. 7 Metal Fence. Stakeilnstaliation and Maintenance. In order to identify and demarcate the boundaries of the Conservation Easel)1ent DeEld area (property) 18750 Heritage Drive, APN 277 ,220,38, within ninety days, the Grantor shali instali and maintain metalfencEl stakes (T,stakes painted white) six (6) feet in height [2 feet below grade and 4 feet exposed above' grade] as foliows: A stake shali be installed at the property line at thepoint"ofintersection with the easement boundary line andaiso installed at intervals of seventy-five (75)feetaloQg the length of the easement boundary line. The purpose of this staking is to:identify toJhe lot owner the b.oundaries 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 shali also be plotted on Exhibit "B" (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, and maintenance of the Property 9 1 Taxes. Grantor shall pay before. delinquency ali taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (coliectively "taxes"), inciuding any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shali furnish Grantee and CDFG-with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shali hold.'harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, emRloyees, agents, contractors, and their heirs, and representatives, successors and assigns (coliectiveiy;"'lnd'emnifiedParties") from andagainst aliliabilities, penalties, costs, losses, ,ciamages, expenses, causes of, action, claims, demands, or judgments, including without limitation, reasonatiie attorneys' fees, arising from 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, 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, and (3) the existence or administration of this Conservation Easement. ';1 Conservation Easement DI . 9612 Page 5 9.3. Condemnation. The purposes of the Conserv<:Jtion Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240680 notwithstanding Code of Civil Procedure Sections 1240690 and 1240 ioO 10 Assiqnment. This Conservation Easement may, not be transferred, assigned, or extinguished.without the priorwritteri' app'roval 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'tl1e 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 ali or a portion of the Property, including, without limitation, a leasehold intere'st. Grantor further agrees to give written notice to Grantee or the GDFG ofthe intent to transfer any interest at least forty-five. (45) days prior to the date of such transfer Grantee .shali have the right to prevent subsequent transfers in which prospective subsequent c1aimants,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';nihi~ ~ection shallnotimpairthEl,v,alidity of this Conservation Easement or limit its enforceability in anyway Grantor shali notgranl <;1cJdilio"al easements or other interests in the property without the prior written authorization of ~rantee and CDFG. 12. Notices. All notices, gemands, requests, consents, approvais, or communications from one party to another shali be P!'lrsona)ly.delivered or sent by facsirTlile to the persons set forth below or shalibe deemed given five (5) days after depositin the United States m<:Jil, certified and postage prepaid, return receipt req'uested and addressed,asfoliows, or at such other address.as any party may from time to time specify to the other parties inwriting: To Grantor' .Step~en C Trachsel . . '. . Il1>O 101 a~11 fJ. [a"l~ CSAjM . 'iIOO!;.l,bI..tc.'J).Jcl J .@ Mtoa.AZ8S287 ~~~ H:II" , GA '10ZoIZ. To Grantee: City of Po way POBox 789 Poway CA 92074 With a copy to: Department of Fish and:Game. Natural Community Cons'ervation Planning 4949 Viewridge,Avenue 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' agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile,documents..thatbear the original signatures. 13. Amendment. This Conservation ,Easement,ma"y 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, shali not affect its perpetual duration. Any.such amendment shali be recorded in the offiCial ,records.of San Diego County, State of California. 14 Recordation. Grantor shali promptly record this instrument in the official records of San Diego County, California and immediately notify the Grahtee 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 of the State of California. Conservation Easement o! · 9613 Page 6 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding,this:Conse~vatioh Easement shali be liberaliy construed in favor of the deed to effect the purposes,ofthis.Conservati6ri Easenientand.thepolicy and purpose of 8ivil Code Section 815, et seq. If any"provision'.in'thisinstrument is.found .to be ambiguous; an..interpietation consistent with the purposes of this Conservation Easement that would render the provision valid shali be favored over any interpretati'on that would render it invalid. (c) Severabilitv, If a court of competent jurisdiction voids or invalidates on its face any. provision of this Conservation. "Easement Deea, such action ishali not affect the remainder of this Conseivation EasementDeed. Ila court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Eas,ement' Deed to a, person or circumstance, such action shall not affecrthe.application of the provision to other persons or circums,tances. (d) Entire Aqreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation. E",~e'!lent and supersj'ldes 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 shali be valid or binding,unless contained in an amendment in accOidance 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: Th'e covenants, terms, conditions, and restrictions of this Conservation EasemenLDeed shall. be oinding upon, and inure to. the, benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shali continue as a servitude running in perpetuity with :the Property These covenants'he'reunder benefiting Grantee shali also benefit CDFG. (g) Temiination.of Riqhis andOblioations. 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 soiely for convenience of reference and are noY a part of this instrument :ana . 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 shali be deemed an originClI instrument as against any party who has signed it In the event of any disparity between the counterparts produced, 1he 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) Aooroonatlons The duty of the City of Poway and CDFG to carry out their respective.obligations under this Easement shali be subject to the availability of appropriate funds. (m) Effective Date This Easement shali be effective upon recording with the San Diego'County Recorder's Office. Conservation Easement D! . 9614 Page 7 IN WITNESS'THEREOf',.Grantor and Grantee have entered into'this Conservation Easement the day.andyeaffirslabove written. GRANTOR: Stephen C Trachsel, Property Owner By' ---4~c. JJ Stephen Trachsel Approved as to Form: Office of the City Attorney Tamara Smith, City Attorney BY'~~ Tamara Smith, City Attorney M:\planning\peggy\mdra2003\mdra03-90 Trachsel\MORA 03-90Conservation Easement Deed.doc . . 9615 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '", . ,. .:c<'-c<'''''''''''-C<''''''.c<'-C<',Q('.c<'.c<''''''=.cc.c<'-c<'&<'~dX<X'~-<K~===-c<''''''.c<',C<'==.c<'~=4:;;L==.Q; , State of California } County of Los AI'J~\o5 ss. On I-JQ-05 ,beforeme, ZOeA.Lo....vf6V'CC Dale Name and Tille of Officer (e,g., "Jane Doe. Nolary Public") personally appeared Ste +:her, C ."Ire.. C hse \ Name(s\of S'gner(s} l>(personaliy known to me o proved to me on the basis of satisfactory evidence ~a- ~ - - -ZbE;.C.W-RE;'C~ - ~ to be the person,i81'whose nameJ8r@re-- _ Commission # 13136n subscribed to the within instrument and : ~'. Notary Pubiic - Cslifornia ~ acknowledged to me tha@~e~ executed ~ Los Angeies County I th . /,'":"\h' fh8F'f't~ h' d MyComm. ExpiresJul17, 2005 e same In <..!W'""",-""",,, aut onze ~ _ _ _ _ _ _ _ _ _ _ capaclty(ieS), and that by @~.IIletf signature%on the instrument the person~ or the entity upon behalf of which the person(.87 acted, executed the instrument. WITNESS my hand and official seal. ~(j Place Notary Seal Above Signature 0' Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another dowment. I Description of Attached Document ~ TitleOrTypeOfDocument:..G.v--..~.,...vo..tio" &&~t _ Document Date, \ . \C1.. Cf5 Number of Pages: \0 Signer(s) Other Than Named Above, ::Tc\.-Y""O vG SYV\ ,111 ..i Capacity(ies) Claimed by Signer Signer s Name: o Individual Top ~f thumb here o Corporate Officer - Title(s): o Partner - 0 Limited 0 General , 0 Attorney in Fact ~ o Trustee B o Guard,an or Conservator ~~ o Other , S'gner Is Represent,ng' ~ :1 ~'U(.;'G<.;;c<;..'CV'C(...-o;;,'C<;.'<..X;.o'CV"Q<,:.'C<;.'g.;.'<=X;,'Q(.;.x:.v'G<,;.~~"9V'<..:<;.~~'t:.<;:.'q(;.'U(.,"C(.:.'C(,;.'g<;.x.x.;c<.;.~~~...g:: _ _~ C 1999 NallOllal Notary ilssoI::iation> 9350 De SolO Ave.. PO. Bo. 2402' Chatsworth. CA91313 2402 >www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800.876-6827 . Conservation EasementD_ . 9616 Page;8 CERTIF,jCATE OF ACCEPTANCE . This is t() Certify that\he, inter!i'~t'in real IJroperty conveyed by the Conservation Easement By 'Steph~.p C,,, Tr.,!:.h,sel:, dated ,January 19; 2005, to the. C;ity of Poway.. Grantee, and to the California Department of Fish and Game"as.a third p.,rty beneficiary, a 90v!"Inmental"agency (under Government Code Section 27281), is here.l?y accepted 'by the unqersigQ.ed qfficer on behalf of the City of Poway, pursuant to authority conferred by'Resolution No. 34 of the City of Powayon January 20,1981 GRANTEE. :~"(:R~ ~ Title: L. Diane Shea. Citv. Clerk Autnorized Representative Date: '/:lfk!'- . , . . . , 9617 EXHIBIT A BIOLOGICAL CONSERV A nON EASEMENT THAT CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON LOT 38 OF CITY OF POWAY TRACT NO. 98-02 HERITAGE RANCH ESTATES, ACCORDING TO MAP NO. 14388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIF0RNIA ON \\1AY 28, 2002, FILE NUMBER 2002-0391382 OF OFFICIAL RECORDS. , . EXHIBIT B . 9618 Lot 38 Individual Lot Declaration The Herztage Estates 7'LandSC~e Easement - He A Maintained / Private Drainage Easement 6' parkwi:(. , HCEA ~-- alntalned ;:..., Doen soace~ __.. " Easement .. ,.., I _ ,.~ ~.. '1 __ .. ..797,Lot Dimension .~~-- r ~ / \ ;>~ , " >-- ~ Open Space ......, _ ~ Easement -.......:: ~ :{~=: .... ... -,~ ", I . ~ Setback , I 38' - ... ,"., .,'-c' "" Ie,;,' '~.........' _' '::'1;'?:~::':' / /:. .. ... \ " ".A~~~> I Rear Yard '16, ......... ", , :79~' ~~ .I Setback 100'Fue~'" tup'~l_~ -- / Manaaement Zone I Setback - Owner Maintained - Legend toP> Property line ----- S hpe LocatitJn iJ/::.Spaa --- toe asemenf line Drainage SwaIe/ Culvert Storm Drain -=-=-:=C! = = Stwerline -a.-- I,' I Waterline -w___ Building Envelope North Sewer Line Omnemon @ Commof/-Area ~ ~ Water Utu Omnedion @ Maintenance Easement HCEA UtilitJ Connectum: @ Maintained Tekphone,' Gas, ..k- 0 100 200 Bkarit, 1V Cab'" Slnet light LJtNumber ~ Fire Hydrant ~ Scakinfut LJt Size 38 ----.; ~73 Finished Pad Acreo Ekf)(J/jofl "'790