Conservation Easement Deed 2005-0115083
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l'~ RECORDING REQUESTED BY ) FEB 10. 2005 12:49 PM
nFFICI..-:..L REC[lF:[I':.
~~~ ) ~,.I.:.N [rIEI.-iU Luur'H'1 RU'I-IFi['ER", OFFICE
CITY OF POW A Y ) C~F:tc;:]Fil i '-,~.,'1ITH CClur.Jrl FiEu]RCrEF:
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WHEN RECORDED MAIL TO' ) Fc:.,GE': 1~
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CITY CLERK )
CITY OF POWAY )
POBOX 789 ) 2005-0115083
POWAY CA 92074 )
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) (This space for Recorder's Use Only)
APN 277-220-17
Project No MORA 04-57
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CONSERVATION EASEMENT DEED
Documentary Transfer Tax Due $000
~()l)~
Sherrie 0 Worrell, Deputy 8ity Clerk
City of Poway
05-022
" R~C~RD;NG REQl:JESTl~.Y: 9596
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'CITYOFPOWAY
WHEN RECORDEOMAIL TO:
,I CITY'CLERK
CrrVOF PQWAY
I I " "'-.0_
i pcQ,BQX 789
I PQWAYCA92074-0789
Space'AbClve Line fOr Recorder's Use Only
APN 277-220-17
Project No.. MORA 04-57
CONSERVATION EASEMENT DEED
1"" - 2,ow
THIS CONSERVATION EASEMENT DEED is made this II day of .j ~-a ,~, by
the Brad S, Cohen and Robyn,G, Cohen Trust, ("Grantor"), in favor,'o!'Cityof Poway ("Gr ritee"), acting
by and through its Development Services Department, with reference to ,the following facts,
RECITALS
A Grantor is the ~()!e owner in fee simple 'of certain real property in the City of Poway,
County ()f San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and incorporated bylhis reference (the "Property"),
B, The Property possess",s wildlife ancj habitat values (collectively, "conservation values") of
great importance to the'Grantee. iheipeople 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 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 p'fciperty,therefore will preserve:nabitat of a protected species,
D The City of Poway is .aUthorized to hold conservation easements for the preservation of
land in its natural, scenic; agricultural, historical, forested, or open'space condition, The City of Poway
has authority to hold easements for these purposes pursuant to'California.Civic Code Section 815'3(b),
E, The State of California, tiy 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 (USFWS) has jurisdiction, over th,e
conservation, protection; restoration, enhancement and man'agement 'of fish, wildlife and native plants
and the habitats on which theY dep-erid underthe EncjangeredSpecies Act, 16 iJ,S C section 1531 et
seq, (ESA),:the'Fish and'Wildlife Coordination Act, 16 U,S:C section 66.1-666c and other applicable laws,
G, The Biological Resourc",s AnalY,sis prepared by 'P&D Environmental, dated January
2000, for subdivision. TTM 98-02, "Heritage II. Estates Biological Te~hnical Report", identified impacts to
Coastal Sage: ScrUb (CSS) habitat. Mitigation of impacted habitat' was resolved as part of the Final
Environmentallmpact'.Report, Sch, No, 98091083,ihroughthe preservation of open space easeTllents'on
each parcel tnfou'ghoutthe:subdivision, Open space areas were identified'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,forimpacts:to CSS, Recordation of Biological'Coriservation Easements will ensure preservation
~f areas'set aside for Coastal Sage Scrub habitat.
H, Grantor intends ,to convey to Grantee!the .right to:preserve and proted the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and RestriCtions
OO'Ocp.
Conservation Easement D. . 9597
p'age 2 contained herein in exchange for Grantee, permitting Grantor's construction of a single-family residence
within Heritage II Estates,
.1. Grantee agrees by accepting 'this grant to honor the intentions of Grantor stated herein
and to preserve and to pr()teCt'in perpetuity the conservation 'values of the property in accordance with
the terms ofthis Conservation Easementfor.the benefit of this generation and the generations to come,
COVENANTS, TERMS, CONDITIONS ANDHESTRICTIONS
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 conveys 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 in perpetuity and to prevent any use of the Property that wili materialiy
impair or interfere with the conser~?tion yalues 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 e~hancernent of native species and their habitat in a manner consistent
with the habitat conservation purposes ofthis Conservation Easement.
2, Riqhts of Grantee,. To accomplish the purposes,ofthis Conservation Easement, Grantor
hereby grants,and conveys the foUowing',rights to Grantee and the State of California Department of Fish
and Game asa third party beneficiary of'this easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property in
accordance with this easement;
(b) To enter upon the property at reasonabie 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 restoration of such areas or features of the
Property that maybe 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 purposes,ofthis Conservation Easement and not specificaliy reserved as a right of Grantor
is prohibited,' Without ,limiting the generality of the foregoing, the foliowing 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, incompatibleJire 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) Grazing or surface entry for exploration or extraction of minerals;
c~ns~rv.ationEaSemei1t o. . 9598
p'age 3
(d) Erection of any building, biiiboard, 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
treatment of disease
(h) Planting of trees or other vegetation except. by written permission from the City of
Poway
4 Grantor's Duties, Grantor shaii undertake aii reasonable actions to prevent ,the unlawful
entry and trespass by persons whose activities may degrade or harm the conservation values of the
Property In addition, Grantor shaii undertake aii necessary actions to protect Grantee's rights under
Section 2 of this Conservation Easement. Grantor further covenants .that maintenance of the Property, to
wit: clean up ofaii 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,aii rights ,?csruing from its ownership of the Property, including the right to
engage in or to permit or invite others to engage in aii uses of the Property that are consistent with the
purposes of this Conservation Easement.
6, Grantee's Remedies, If Grantee determines that G,antor 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 writihgcorrective action sufficient to cure the violation.. Grantee shaii
also notify the California Department of Fish and Game, If Grant()rfails to cure the violation within thirty
(30) days' after receipt of said written notice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days to complete and 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 either actual damages or the inadequacy'ofothe'rwise available legal remedies,
or for other equitabie relief, including, 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 mitigate significant damage to the conservation values(~ftheProperty, Grantee may pursue
its remedies under this paragraph'without prior notice to Grantor or without waiting for the period provided
for cure to expire, Gralltee's,.righis under this paragraph. apply equaiiy to actual or threatened violations
of the terms ofthis Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any
violation of the terms ofthis Conservation EasemenUs the injunctive relief described in this,section,both
prohibitive and mandatory, in addition to such other relief to which Grantee may ~e entitled, inciuding
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 shaii be cumulative and. shaii 'be in addition to aii remedies now or
hereafter existing at law or in, equity, including but not limited to, the remedies set forth in Civil Code
Section 815, etseq" 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 conservation purposes
c~nservation Easement D_ .
Page 4 9599
have standing as interested parties in any proceeding affecting this Conservation Easement as against
Grantor
The ,California DepartmenLof Fish and Game (CDFG) 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 of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement against 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 Easement shall be borne by Grantor
6.2, Grantee's, Discretion, Enforcement of the terms of this Conservation Easement
by Grantee orCDFG shall be aUhe discretion of Granlee 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 byGrante~ 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 of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed asa waiver
6,3, Acts Bevond .Grantor's Control. Nothing contained in this Conservation
Easement by Grantee shall be at lh'e discretion of Grantee and CDFG to bring any action against Grantor
for any injury to change in the Property resulting from causes beyond Grantor's control, including, fire,
flood: 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 of Fish and Game Riqht of Enforcement. All rights and remedies
conveyed to Grantee unaer this Conservation 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 cJemarcate the
boundaries of the Conservation EasemenFDeedarea on Lot 17, 14160 Augusta Court, APN .277-220-17,
within ninety days, the Grantor shall ,install and maintain metal fence stakes (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 lhe,property line atthe.point of intersection with the easement'boundary line and also installed
at intervals of seventy-five (75) feet along the length of the easement boundary line, The purpose of this
staking is to identify to the lot owner the boundaries of the conservation easement area, and to protect in
perpetuity the conservation vaNes ,,!nd 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 not convey a general right of access to
the public,
9 Costs and Liabilities, Grantor retains all. responsibiiities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property
91 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 shalUurnish 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, damages"expe'nses, causes of'aCtion"c1aims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or
the death of any,person, or physical damages to any propertyresultingJrom any act, omission, condition,
or other matter relatecJ 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.
c~nservation EaserTlent Old . 9600
Page '5
9,3, ,Cohde'mnation, The purposes of the Conservation Easement are presumed to
b-e the best arid most. necessary, public use as defined at Code of Civil Procedure Section 1240,680
notwithstanding Code,ofCivill?roce'dure'Sedions 1240,690 and 1240700,
10, Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguished: without the prior written approval of CDFG, Grantee may assi9n 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 ~tber leg~1 instrum~nt by which Grantor givests itself of any intere~t.in all ora
portion of the F'roperty, including, without iimitation, a leasehold interest Grantor further agrees to give
_ __. ,......,'.r_. . -. "._' .... . _ - ..
written notice to Grantee or the CDFG of the intent to transfer any interest at least forty-five (45) days
- . - -
prior to the date of such transfer Grantee'shall have the right tCl,preve,nt subsequent transfers in Y'hich
prospectiye subsequent claimants'or'transferees are not given notice of the covenants, terms, conditions
and restrictions of this Conservation'Easement. The failure ofG~ani(,r or Grantee to perform any act
provided in this section shall not impair the validity of this Conservaiion Easement or limit its enforceability
. _ . ,. - - - -~.
in any way Grantor shall not grant additional easements or other interests in the property without the
prio~ written authorization of Grantee and CDFG
12, Notices, All notices, demands, requests, com;ents: 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 after deposit in the United' States mail, certified and postage prepaid,
return receipt.requested and add!eSsed' as follows, or at such'other address as any party may from time
to time'specify to the' other parties in writing:
To Grantor' The Brad S, Cohen and Robyn,G, Cohen, Trust
15170Saddlebrook Lane
Poway, CA 92064
To Grantee: City of Poway
PO Box 789
PowayCA 92074
With a copy to: Depar\ment of Fish, and Ga.me
Natural Community. Conservation Planning
4949Viewridge Avenue '
San Diego, CA 92123
The parties agree ,to accept facsimile signed doc~m_ents and agree to rely upon such
documents as, if they bore or,i9inal '~i9natures: Eilch party a9rees to provide to the pther parties, within
seventy-two (72):hours aftertransm,i,ssjon:of a facsimile,.(jocumentsthat bear the original signatures,
13, Amendment. This Conservation 'Easement maybe, amended' by Grantor and Grantee
only by mutuai 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'soall be recorded in the official records of San Diego County,. State of California,
14 Recordation, Grantor shall promptiy record this instrument in-the official records of San
" ., -, .... ',y" -~ ., -. ',-
Diego County, Ca]iforniaand immediately notify the Grantee and CDFG' through the maiiingof a
confirmed copyofthe 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,
C~nservatii:m Easement DI . 9 601
Page 6
, (b) Liberal Construction, Any general rul!, of construction to the contrary
notwithstanding, this Conservation Easementishall be liberallyconsirued,in favor of the deed to effect the
purposes,lof ihis,(;bnserVation E?semen,land the policy and purpose oj Civil Code'Section 815, et seq, If
a_ny provision in:this instrument is fouhd to be ambiguous, an interpretation consistent with the purposes
of this Conservation Easement tha,t. wouid render the provision vaird shall be favored over any
interpretation 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 Deed, such action shall not affect the remainder of 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 application of the provision to other persons or circumstances,
(d) Entire,Adreement. 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 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, Aparty's rights and obligations under this
Conservation Easement shall terminate oniy 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 who has signed it In the event of any disparity
between the counterparts produced"the recorded counterpart shall be controlling,
Ul Modification, This Easement is not subjed 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 Po way and CDFG to carry out their
respective obligations under this'Easement shall be subjectto'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 D. . 9602
<,,, Rage,] ,-
I~ W!INE~? THERE0F, Grantor and Grantee have entered into this Conservation
Easemen! the.day and year first above written,
GRANTOR:
The Brad S,Cohen and Robyn,G, Cohen Trust
By' 1fU' By'
rad S, Cohen
Approved"as to Form:
Office of the City Attorney
Tamara Smith, City Attorney
BY~~
Tam ra Smith, City A torney
.'. . -.
M:\planning\peggy\mdra2004\mdra04-57 Faulkner\Conservation Easement Deed.doc
'C~L1fOI=lNIA ALL-PURPlE ACKNOWLEDGMENT . 9603
State:of ~J;y. nic,-
County of SQ.n D i e~()
On...JQn lAt.\" ~ J 1 J.co'~
. ~.,) before me,
Date Name and Title 01 Officer (e. "Jane Doe. Notary Public")
personally appeared 131"0 d S. Coh-e Vl e RoloMVl 6, C:ohen
,
Name(s oISigner(s}
o personally known to me - OR - 0 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 instrument the person(s),
1 . ~ r or the entity upon behalf of which the person(s) acted,
r Q "OKIS. PEL~G"NI ~ executed the instrument.
() COMM, #1382284 0
(): NOTARY PUBLIC CALi'70RNIA 0 WITNESS my hand and official seal.
r- . '. SAN DIEGO COUNTY ...I.
I My Comm. E)(pire~: Oct. 29, 29.06 l ~h-} ~~~
OPTIONAL
Though the information below is notrequired by law, it may prove l!aluable to persons.refy!ng on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Titie or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
',I,
Signer's Name: Signer's Name:
o Individual o Individuai
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - o Lirilited 0 General o Partner -0 Limited 0 General
o Attorney-in.Fact o Attorney.in-Fact
o Trustee o Trustee
o Guardian or Conservator . o Guardian or Conservator
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
c 1994 National Notary Association. 6236 Remmel Ave.. P,O. Box .7184'. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600.676-6827
- . .
9604
CERrlFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: January 17, 2005 from Brad Sand Robyn G Cohen, Grantor, to the City of
Poway, Grantee, a political corporation and/or governmental agency is hereby accepted
by the undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Resolution No 34 adopted on January 20, 1981 and the grantee consents
to recordation thereof by its duly authorized officer
Dated February 4, 2005 CITY OF POWAY
Seal: B~/J.AiO ~
Sherrie 0 Worrell, Deputy City Clerk
, ' . . .
9605
EXHIBIT A
BIOLOGICAL CONSERV ATlON,EASEMENT
THAT CERTAIN AREA SHOWN AS OPEN 'SPACE EASEMENT ON
LOT 17 OF CITYOF:'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,
CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382
OF OFFICIAL RECORDS.
-
. EXHIBIT B 96'0 6
Lot 1 7
Individual Lot Declaration
The Herttage Estates
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2, Q"Recreation Trail ~ \ t/\\
& Utility Easement ~ ..".
,
,
.20' Private Drainage
Easement Open Space
Easement U' Lot DimenSion
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,
20' pn. 'vate \\
Drainage
Easement
Community
Mailbox
Location
...__."'7-:--:::::-\
17, '\
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4,6?: /\
Aaes}..- .....FrontYard,
6' Parkway - HCEA ...768~ 0' ,Setbac :"\
Maintained __ o~, cauf\
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xl"'''
TLandscape ~
Easement - HCEA ,
Maintained )6'5
Legend North
PropertY Une - - - - - Shpe LxaliOn lop >- ~
OenSpoct --- toe
Y!:sement Line Drainage Swa/ej Culvert ,
Storm Drain =--=-::E[:l <.;:=::: <== 0 100 200
SewerLine .. --
WaterLine - w - - BuildingBnvelope I -.1 S~infeet,
Sewer Line Connection @ CO"'.f71onArea ~
Water LOne Connection@MEalntenotnH"CEA
asemen
Utili!y Connection: @ Mainlaimd
Te/iphone" Gas,
Electric; W Cables Street Light P
Lot Number -------. Fire 1fydranf ~
ulSi'(! 17
-------. ',69
FiniShedPad Acres
Elevation ... 708