Conservation Easement Deed 2005-0019385
~-- -- - - -,
, '. 1IIIIIIIITiI~lfflllllllllll~l"mli~I~111 ml"rn~1111111
-
. Fi-- ,RECORDING REQUESJED BY:
JAN 07, 2005 2:14 PM
' CITYOFPOWAY
1\7 WHEN RECORDED MAiL TO: DFf-ICI.~L .F:EcuRD:,
:o."-"JJ lllEGD CDllr'lT', REcuF:[IER'~, IJFFICE
CITY CLERK I~RECiDF'1 ,I '_;t,'1ITH, UJUNT I F:ECfIR[IEF:
rJF CITY OF POWAY FE," 0,00
POBOX 789 Pt.l,bEC, 11
POWAYCA 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
ICdl
2005"0019385
APN 323-290-41
Project No. fv1DRA 04-7611 00 6
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS 'CONSER VA TlON EASEMENT DEED is madeth.is<i. CffA. day of ~ 20rl/,
by Chad H. Milling and Elise W Milling ("Grantors") in. favor of the City of Poway("Grantee"), acting by
and through its DevelopmeritServicesDepartment, with reference to the following facts.
RECITALS
A. Grantor is the ,sole .owner in fee simple of certain real property in the City of Poway;
County of San Diego, State of 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 vaiues") of
great importance,to the Grantee, the people of the City of Poway, the people of the State of California,
and the people of the United States.
C The Property'p,,:lVLdlls Na,tive Grasslands, Coastal Sage Scrub, Non-native Grasslands
and Ruderal Habitat. CoastalSage,Scrub is the habitat of the California Gnatcatcher, which is listed as a
threatened species on. the Fe(jeral E~dangered Speci!ls list, 'and .the grasslands contain sensitive
vegetation that provide habitat for'target>species. Conservation of this property therefore will preserve
habitat ofa protected species.
D The City of Poway is authorized to hold conservation easements for the preservation of
land in. its natural, .scenic, agricultur<:!l, historical, forested, or open space condition. The City of Poway
has authority to hold easements for these purpo~es pursuant to California Civic Code Section 815.3(b).
E. The State of Galifornia, 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 Qf fish; wildiife, native plants and the habitat necessary for biologically sustainable
populations of those species
F The United States Fish and Wildlife Services (USFWS) .has jurisdiction over the
conservatior, protection; restoration, enhancement and maria-genient of fish, wildlife and native plants
and the habitats on which .they depend under' the Eridange'red Species Act, 16 U.S.C section 1531 et
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.Csection 661-666c and other applicable laws.
G., Th~ ''Revised 'Impact Analysis for Milling Property, APN 323,290-41;', prepared by
RC .Biological Consulting dated September 29, 2004, identified impacts to 0.22 acres of Coasial Sage
Scrub (Cs'S)' ha~itaf., '0.80' 'acres of Native Grasslands, 0.17'acres of Non-native Grasslands, and
0.31 acres of Ruderal'Habitat Mitigation of the 2.07-acres of impacted habitat will be resolved through
the acquisitibnor<i.64 ac:resoff'slte and the preservation of a 1.57-acre Open Space Easement on-site.
H. This Conservation Easement provides protection for 1.57 acres of land that contains
Coastat Sage Scrub and 'Na!ive Grasslands located within the Biological Core a Linkage Area (CLA)
1
04 .Q.~tf
, Conservatioil Easement o. . 11007
Pa~e 2
associated with the South PowayCornerstone Preserve. It has further been mapped as being a part of
Proposed Resource Protectionu~,rea (PRPA) #17b identified in the City of Poway's Habitat Conservation
Plan.
I. Grantor intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained' herein in exchange for Grantee permitting Grantor's removal of 0,80 acres of Native Grassland,
0.22 acres of Coastal Sage Scrub, 0.17 acres of Non-native Grasslands, and 0.31 acres of ruderalland
for the construction of a single-family residence.
J Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein
and to preserve and to protect in perpetuity the conservation values of the property in accordance with
the terms of this Conservation Easement for the benefit of this 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.,
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 will materially
impair or interfere with the conservatjon values of the Property Grantor intends that this Conservation
Easement will confine the use of the Property to such activities, including without limitation, those
involving the preservation and enhancement of native species and their habitat in a manner consistent
with the habitat conservation purposes of this Conservation Easement.
2. RiQhts of Grantee. To accompiish the purposes of this' Conservation Easement, Grantor
hereby grants and conveys the.following rights to Grantee and the State of California Department of Fish
and Game as a third party beneficiary of this easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property in
accordance with this easement;
(b) To enter upon ,the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise enforce the terms of, this 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 thatmay.be.damaged by any act, failure to act, orany 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
(d) 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 I)"urposesofthis Conservation Easement and not specifically 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
2
-
Conservation EaSemerilD. . 11008
Page 3
,.
(a) Unseasonable watering, use of herbicides, rodenticides, or weed :abatement
activities, incompatible fire protection activities and any and all other'uses which may adversely affect the
purposes of this Conservation Easement;
(b) Use of off-road vehicles; except vehicles used forproperty maintenance required
by the City of Po way, and then only over existing roads.
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(f) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law'for (1) firebreaks" (2) maintenance of existing foot trails or roads, or (3) prevention or
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 all 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 shall undertake .all 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 of ail trash and debris, shall be the Grantor's responsibility
5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Property, including the right to
engage in or ,to permit or invite others to engage in all uses of the Property that are consistent with the
purposes ofthis Conservation Easement.
6. Grantee's Remedies. tf Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, Grantee shall.give written notice to Grantor
of such violation and demand in writing corrective action sufficient. to cure the violation. Grantee shall
also notify the California Department of Fish and Game. If Gra[ltor fails 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 ofotheriNise available legal remedies,
or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in
which it existed prior to any such vioiation 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
tf Grantee, 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 remedie~ under this paragraph without prior notice to Grantor or without waiting for the period provided
for cure to expire. Grantee's right~ under this paragraph apply equally to actual or threatened violations
of the terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies 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
3
1.1009
Conser:vaticin Easemento. .
f"age:4
.remedies described in this sedion shall be cumulative and shall be in 'addition to all remedies now or
hereafter existing ad~w 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 Cons~rvation Easement, notwithstanding, Civil Code
'Section 815;7, the California Attorney General or third-party entitles organized for conserv'ation purposes
have standing as interested 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
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 ofthis '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 u.QdBrthis Conservation Easement by Grantor shall not be deemed or
construed to be a waiver byG[cmtee 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 ofariy 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 shallbeatit):1e discretion of Grantee arid CDFG to bring any action against Grantor
for any injury to change in the Prop,erty resulting'from causes'beyond Grantor's control, including, fire,
flood, storm, and earth movem~nt, or any prudent action taken by Grantor under emergency conditions to
prevent, abate, ormitigate 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 under 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 demarcate' the
boundaries of the Conservation Easement Deed area located in Parcel.. 2 of Parcel Map 19287,. APN
323-290-41, within ninety days, Ihe<3rantor shall install and maintain metal fence stakes (T-stakes
painted white) six (6) feet in height [~ feet below grade, and 4 feet exposed above grade] as follows:
A stake shall be installed at the property line at the point of intersection with the easement boundary line
and also installed at. intervals of seventy' five (75) feet aiong,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' conser:vation values and function of the Property The specific
location of a II required stakes shall also be plotted on Exhibit AB" (easement piat) attachedChElreto.
8. Access. This Conservation Easement Deed.does not convey a generat 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 beforedelinquenc;y:all taxes, assessments, fees, and
charges of whateiterdescription levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or i.ncurred as a result of, this Conservation
Easement, and shail furnish Grantee and CDFG with satisfactory evidence of payment upon request.
4
ConsefNation EasementD. . 1101'0
Page:5'
92. 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, expenses, causes of a.cticln, claims, 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 io,anyproperty 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.
9.3. Condii'mnation. The purposes of the Conservation Easement are presumed to
be the best and most necessary' public use as defined at Code of'Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240700.
10 Assiqnment. This' .Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. Grantee Dlay assign its rights and obligations
under th,i~ Conservation Easement ,only to an entity or organization authorized to acquire and hold
conservation easements pursuant .to Civil Code Section 815.3. Grantee shall require the assignee to
record the assignment in the county where the Property is,located.
11 Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in. any deed or other legal instrument by'which Grantor'divests 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 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 .to prevent subsequent transfers in which
prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions
and restrictions of this Col1servation Easement. The failure of. Grantor or Grantee to perform any act
provided in this section shafl ncit'imp<:!ir the validity of this Conservation Easementor limit its enforceability
in any way Grantor shall not gr~nt additional easements or other interests in the property without the
prior written authorization of Grantee and CDFG.
12. Notices. All notices,. demands, requests, consents, approvals, or communications from
one party to another shall be person911y delivered or sent by facsimile to the persons set forth below or
shall be deemed given five (5) c;laysaft~r deposit in the United States mail, certified and postage prepaid,
return receipt requested and addressed as follows, or at such other aadress as any party may from time
to time specify to the other parties'in writing:
To Grantor' Chad H and Elise W Milling
12778 Calle de las Rosas
San Diego, CA 92129
To Grantee: City of Poway
P.O Box 789
Poway CA 92074
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
The parties agree .to accepHacsimile 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 that bear the original signatures.
13. Amendment. This Conservation Easement maybe. amended by. Grantor and Grantee
only by mutual written agreement approved in writing by CDFG. Any such amendment shall be
consistent with the purposes of'this Conservation Easement and, shall not affect its perpetual duration.
Any such amendment shall be recorded in the official records of San Diego County, State of California.
5
11011
.Conservation Easement'DI .
P~ge 6
14. Recordation, Grantor shall promptlYirecordthis instrumentinthe official records of San
Diego County, C~-Ijfornia'and immediately notify the' Graritee and CDFG through the
mailing,ofaconikmed copy of the recorded easement.
15. General Provisions.
(a) Controllinq Law,., The interpc~tation and performance of this Conservation
Easement shall be governed bytne laws of the State of California.
(b) Liberal ;Construction. Any general rule ,of construction to the contrary
notwithstanding, thisConserJation Easement shall be liberally construed in favor of the deed toeffectthe
purpose's ofthis Conservation Easement and the policy and purpose of Civil Code Section 815, ef seq. If
any provision in this instrument is'found to be ambiguous, an interpretation consistent with the purposes
of this Conservation Easement that would render the provision valid shall be favored over any
interpretation that would render itinvalid..
(c)Severaoilitv If a court of competent jurisdiction voids or invalidates on its face
any proyision of this Conservation Ea'sement Deed, such action~~hall not affect the remainder of this
Conservation EasementDeed. 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.Aqreement. This instrument sets forth the'entire agreement of the parties
with respect to the ConservatipD Easement and supersedes all prior discussions, negotiations,
understandings, or agreements rel?ting to the Conservation Easement, ail 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 Seciion 1'3.
(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 b~ binding upon, and inure .to. the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall
also benefit CDFG
(g) Termination"of Riqhts and Obliqations. A,party's rights and obligations. under this
Conservation Easement shall terminate'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) Counteroarts. The parties may execute .this instrument in two or more
counterparts, which shall, in the aggregate, be.signedbyGrantor.and Grantee; each counterpart shall be
deemedian ofiginai 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.
U) Modification. This Easement is not,5ubject to modification or amendment except
in writing aM sig"ned 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;
6
.Conservation Easement D'_ . 1'1 012
'Pag~ 7 :(I) Appropriations., The duty of the City of Poway and CDFG to carry oUt their
respeCtive obligations under this Easement shall be subject to.the availability of appropriate funds.
,
(m) Effective'Date. This Easement shall be effective upon recording with the San
Diego County Recorder's Office. ..
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written.
GR.ANTOR:
By' By iIUu'VJ.~
Elise W. .Millin ope Owner
Approvedas to Form:
Office of the City Attorney
Tamara Smith, City Attorney
BY'~~
Tamara Smith, City Attorney
M:\planning\peggy\mdra2004\mdra04-76\mdra04~ 76Cbnservation Easement Deed .doc
7
. . 11013
CALIFORNiA ALL.PURPOSE ACKNOWLEDGMENT
~ -, - . .:c(.'.c(.'-e<'-e<'d.c(.'..e(.'.cc.cC.c(.'.c(.'-e<--e<'-C<'-e<"-e<'..c<'..c<',d".c(.'.c<'...cc-c:c.c(.'..c<'..c<".c<'.cC-e<"'.ij..c<-.c<'.c<"~..c<'...c<'...c<: . :Y.'
State of California }
County of St;t(\ D \ €8 0 ss.
On l::Xc. ~g....::YY'1J ,before me, 3heu.','!. D. W~telll War,,! PubliC
Dale Name and Title of Officer (e g., "Jane Doe, Notary Public")
personally appeared C n6d. \+ An ~ Eli::.e vJ, flt.ll i OJ
Name(s)01 Slgner{s)
o personally known to me
~ proved to me on the basis of satisfactory
evidence
1--- - - - - - - - - - -
~ &HERRlE D. WOIlRELl
_ Commlsalon # 1421698 J to be the person~ whose nameC!)' is.@
I . NoIary PubUc.- cciuromla ~ subscribed to the within instrument and
.,,0::. DIego Counly - acknowledged to me that bQlsh~ executed
. ElIpbusJun30. the same in ~er@ authorized
.~ capacity@, and that by hffi#ter/Q
signature~ on the instrument the personG), or
the entity upon behalf of which the person&
acted, executed the instrument.
WITNESS my hand and official seal.
~{)j)tJl)Ld.I
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is nbt required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent remova' and reattachment of this form to another document.
Description of Attached DSlfument C 1\ -b
Title or Type of Document: (,;~ f'I.I\QK'tIbI..:I' ""
Document Date: ld' ~q ,()14- Number of Pages: , 0
Signer(s) Other Than Named Above: -=r Amara. A. Sm.-H\
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top of thumb here
o Corporate Officer;- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other
Signer Is Representing:
"
,;<,;; - - ~~~~ _:>:~
C 1999 Nalional Notary Association. 9350 De Solo Ave.. P,O. Box 2402' Chatsworlh, CA 91313-2402' www_nationalnorary_OIg Prod, No. 5907 Reorder. Call ToU.Free 1-800-876-6827
.C,Qns~JYation EaSemeriw. . 1-101:4
Page;S
CERTIFICATE OF ACCEPTANCE
This, is to Cer:tify'that the ll),terest in real property.conveyed bo the Conservation Easement by
Chad H,. Milling, and Elise W Milling; ,dated December 29, 2 .04 ,to the City of Poway,
Grantee, ancJ,'to the California Depar)mentof'Fish and Game, as athird:party beneficiary, a governmental
i'gency (under Government Cod" Section 27281), is hereby. accepted by the undersigned officer on
behalf of the Ci!y of Poway, pursuant to authority conferred by Resolution NO..34 of the City of Poway on
January 20, 1981
GRANTEE. City of Poway
B~ I7J~ ~
Title: SherrieWorrell..Deoutv City Clerk
Authorized Representative
Date: December 30, 2004
8
~,.t
.' ; .., . .
11015
EXHIBIT 'A'
BIOLOGICAL CONSERVATION EASEMENT
~ A PORTION OF PARCEL 2 OF PARCEL MAP NO 19287, IN THE CITY OF POW A Y,
COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OFSAN DIEGO COUNTY, AUGUST 2, 2003,.oESCRIBED AS
FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE
NORTHEASTERLY ALONG THE EAST LINE OF SAID PARCEL 2, NORTH 000 II '50"
EAST, 6.5 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG
SAID EAST LINE NORTHOOo 11'50" EAST, 228,00 FEET TO THE SOUTHEAST-CORNER
OF THAT OPEN SPACE AND'INCIDENTAL EASEMENTDEICATED TO THE CITY OF
POW A Y ACCORDING TO FIN 1992'0356960 RECORDED JUNE 6,1990; THENCE ALONG
, THE SOUTWESTERLY LINE OF SAID EASEMENT NORTH 51002'16" WEST, 38440
FEET TO A POINT IN Tl.IE'NORTHWESTERL Y LINE OF;>Alp.PARCEL 2; THENCE
ALONG SAID NORTHWESTERLY LINE SOUTH 54047'48" WEST, 58.00 FEET, THENCE
LEAVING SAID NORTHwESTERLY LINE SOUTH 38022~06" EAST, 214 74 FEET;
THENCE SOUTH 31000'38" WEST, 148.82 FEET, THENCESo0TH56052'20" EAST, 91.00
FEET, THENCE SOUTH69~4i'15" EAST, 196.80 FEET TOT-HE TRUE POINT OF
BEGINNING.
TOTAL AREA IS 157 ACRES MORE THAN LESS
PREPARED BY
~~~ (J. -l--t:1-tP4- ",~;:.':=-
~~'~.'"'~J)r:ESS:O
,-~.".......... ~.'~
rn ....... r.(
, '["I"'C~<<:.
WILLIAM EN, ReE 33730 ,'.,y' ')-'j
EXPIRATION DATE. 6/30/04 .~. ~ ""
: NO 33730 '\;:\
1_ f::'rD ...:0
, "., ~-y.:?-,p J
" ~*
, "'~f!.Y.).\. Q~o/
., "ALlC';'j ,'{}
-~;,:,;: ;.Y"'~
RECEIVED
DEe 2 0 2004
CITY OF POWAY
DEVELOPMENT SERVICES
0(.; 2./:
/l??j~ / 2-t',k.".
'^ i>lAolf-16'
,-
. . . EXHIBIT 'B' .
. BIOLOGICAL CONSERVATION EASEMENT PLAT 11016
PCL -J PCL 2 PCL 3 PCL L}
o PM ?480
o -
~
II ,/
. ,/ ,/
~ ,/ / I
n ,/ I \
w ,/
...J ,/ 1\
<( 'I
~ PiI -J - Y
~ ~ I
PJyJ "JEJ2B7 ~ l' I
~ ,-- /1 I
\ - I
\ ,/
" /
LINE DATA ....DD#11 1'0
_______________ , N
L1 N56'52'20"w 91.00" " I i
" V
./ -, " trn1'S '\.
" 11. / /' 0
~,/,/~~. @O"?'\:ri ~
,/ ~ 1-, ~ 76'~, \ v lQ
,/ ~,O( '1' to t:D
,/ / ~? ~". <;1G',: 0'6>", / 1"'''
-I ,/ '!'-,O6' J-OC'-1( ''''0' / 0 Q
,/ 'SF. ~ ~/ 0", 1.Lt) <(
, - '.- ~~ ~ '>:
pCI r) '/ 1- I ~ .c:.
~ L. .s & b
A ~S'~
Q Q~ ~4,~~ I. I
""I l' -1< .:.,,0 $}' , I
~.~~.... I -
~ ~. 0
PCL 3 ,0.> _ _ I ~
pjyJ -JEJ287 , ~ "" 8 :il I ~
us .. v
''''.>. ~ t') I
(, N N I
I I
I I I
N69' I' /
17'
196 '5..,,, -lP.0.B.
'80' ""
N89'll '25"w
181.39'
4l~f.d. \ M,L\P -J-J328
/Z-2-~44 ~ ~
EXISTING EASEMENTS
-----------------------------------------
00#1 EASEMENT FOR OPEN SPACE .AND INCIDENTAL PURPOSES TO
CITY OF POWAY PER FIN 1992-0356960 REC 6-9-90 OR,
Wb0332