Conservation Easement Deed 2007-0574823
. 1127'9 ; Dclt# 2007-0574823
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RECORDING REQUESTED''BY
. ciT")<; OFPOWAY (u . AUG 29~ 2~07 m 4.22 PM
_ . _ _ _~ ._ _'. ~~, _ P UFFIL!p,L F:ELUR[I':
WHEN RECORDED MAIL TO' II'j All. r"E~'(J [DUriT, RE, lClI':r'EF:"" iJFFI'"l
, , hFli.lUFi', ,I '_,MITH 1-,IJur'l f'1 FlI::CiJF:[IEF:
CITY gLERK I eJI/~' FO,3,: Or";'~'
'CITY OFPOWAY O. f'Cl,E'.,. ii
~g::rx ~~9 9207 4-0789 I ~~ ! iUlillllli 11I1I illlll'''1 0111111111111111111111111111111111111111111111111111
APN: 321c100-28/TTM 03.02R 200 0 ,8
" ' 7- 574 23
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSER VA nON EASEMEN; O~EO is made this ~1ay of 4Vfj~ -j- 2007, by
, Chris and Brian Johnston ("Grantors"), in favor of City of Poway ("Grantee"), icllng by and through Its
Deveiopment 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 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 values") of
great importance to the Grantee, the people of the City of Poway, the people of the State of California, and
the peopie of the United States,
C The Property provides high quality coastal sage scrub. 'Coastai sage scrub is' the .habitat of
the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species iist.
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 Caiifornia Civic Code Section 815 3(b).
E. The State of Caiifornia, 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.
F The United States Fish and Wildiife Services (USFWS) has jurisdiction over the
conservalion, protection, restoration, enhancement and management of fish, 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 This Conservation Easement provides protection for a minimum of 864 acres of coastal
sage scrub, located within the City of Poway's Subarea Habitat Conservation Pian/NCCP Focused Planning
Area:
H. 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. The Conservation Easement is being established to satisfy a potion of the mitigation
requirements for Tentative Tract Map 03.02R which is located on the adjacent property in the west.
i. Grantee'agrees by accepting this grant to honor the intentions of Grantor stated herein and
to preserve and t,oproteci in perpetuity the conservation vaiues of the property in accordance with the terms~
of this Conservation Easement for the benefit of this generation and the generations to come.
a-l--{R~
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11280
Conl'ervation Easement Deed
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Page 2
C'OVENANTS. 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 Civii 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 Puroose. 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 conservation 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 accomplish 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 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 Teserved 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 all other uses which may adversely affect the
purposes of this Conservation Easement;
(b) Use'ofoff-road vehicles: except vehicles used for property 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:
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11281
Conpervation Easement Deed
Page 3
m Otherwise altering the general topogiaphyof 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 all 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 orthe 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 that a violation is threatened, Grantee shall give written notice to Grantor 6fsuch
violation and demand in writing corrective action sufficient to cure theNiolation. Grantee shall also notify the
California Deparlment of Fish and Game. If Grantor fails to cure the violation within thirty (30) days after
receipt of said written notice and demand from Grantee, or if the cWe 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 orthis Conservation Easement, to recover any damages to which Grantee
may be entitied 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 of otherwise available iegai remedies, or for other equitable relief, including, but
not limited to, the restoration 6f 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;.of the Property, Grantee may pursue its
remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for
cure t6 expire. Grantee's rights under this paragraph apply equally to actual or threatened violati6ns of the
terms of this Conservation Easement Grantor and Grantee agree that Grantee's remedies for any violation
of the terms of this C<enservation 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 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.,
inciusive.
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 Califorriia Attorney General or third.party entitles organized for conservation purposes have
standing as interested parties in any proceeding affecting this Coriservation Easement as against Grantor
The Caiifornia Department of Fish and Game (CDFG) as a third party beneficiary of this
easement shall have the same rights as Grantee under this section t6 enforce the terms of the easement.
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11282
COl)servation.E.asem~nt Deed
Page 4
6.JCosts 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' '{ees~ .an'i{ 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 under this Conservation Easement by Grantor shall not be deemed or construed
to be a waiver by Grantee of such term or of any subsequent breach 6f tI1e 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 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 CDFG to. bring an'y 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 actibr taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes.
64 Department of Fish and Game Riqht of Enforcement. All rights and remedies
conveyed to Grantee under this Con.servation Easement Deed shall extend to and are enforceable by the
Department ofFish and Game or USFWS.
6.5 Fence Installation and Maintenance. Grantor shall install and maintain a fence
between the approved development'area of)he parcel and the Conservation Easement Deed area to protect
in perpetuity the conservation values and function of the Property The type of fencing shall also include
posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development Services
regarding the specific location, type, and height of the fence and signs prior to their installation.
7 Properlv Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance with the terms and conditions as set forth herein.
8. Access. This Conservation Easement does not convey a general right of access to the
public; however, after receiving approval from Grantor, not to be unreasonably withheld, access for scientific
research and interpretive purpos'es, shall be reserved to the Grantee and CDFG or to the respective
designees of Grantee and CDFG
9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind includibg transfer costs, costs of title and documentation review, and costs related to the
ownership, operation, upkeep, and maintenance of 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 resuif of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request.
9.2. Hoid Harmiess. 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,
penaities, costs, losses, damages, expenses, cause's of action, 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 pe'rson, 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, g,and g 1, and (3) the existence or administration of this Conservation Easement.
. . 11'283'
Con::;ervation' Easement De.ed
Page 5
93. 'Condemnation. 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 i 240.680
notwithstandihg Code of 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 conservation
easements pursuant to Civil COcle 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; VJ.ithout. 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 shail have the right to preventsubsequenl transfers in which prospective
subsequent claimants 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 in this section
shall not impair the validity of this Conservation Easement or limihts'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, demands, requests, consents, approvals, or communications from one
party to another' shall be personaliy 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 addressed as follows, or at such other address as any party may from time to time
specify to the other parties in writing:
To Grantor' Chris and Brian Johnston
13212 Aubrey Street
Poway CA 92064
To Grantee: City of Poway
POBox 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 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 that bear the original signatures.
13. Amendment. This Conservation Easement may be amended by Grantor and Grantee only
by mutual written agreement approved in writing by CDFG Any such amendment ~hall be consistent with
the purposes of this ,Conservation Easement and, shall not affect its perpetual duration Any such
amendmentshall 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 County, Caiifornia and immediately notify the Grantee and CDFG through the mailing of a confirmed
copy of the recorded easement.
. . 11284 .
Con~ervation Easement Deed
Page 6 .
15' General Provisions.
(a) Controllinq Law The interpretation and performance of this Conservation Easement
shall be governed by the laws of theState.of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this 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 Conservation Easement that would render the provision valid shall be favored over any interpretation
that would render it invalid.
(c) Severabiiitv, If a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easeme~t 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 p~rsons 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.
(I) 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: 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 solely for convenience
of reference and are not a part of this instrument and shalj 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.
(j) Modification. This Easement is riot 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 referre'd 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 subject to the availability of appropriate funds.
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11285
CO(1servation Easemelit Deed
Page 7
(in) :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.
By'
By
Approved as to Form.
Office of the City Attorney
Lisa Foster, City Attorney
By' ~~
Lisa Foster, City Attorney
M :\plannjng~ason\johnston8CE.doc
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11286
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Chris and Brian Johnston, dated August 2, 2007, 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 Resoiution No. 34 of the City of Po way on January 20, 1981
GRANTEE. City of Poway
By.X/h(M~J
Title: L Diane,Shea. Citv Clerk
AuthO'bd Representative
Date <g 4/07
I
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:11287
CALIFORNIA ALL~PURPOSE ACKNOWLED(~MENT
State of CALIFORNIA
County of SAN DIEGO
[ AUGUST 2, 2007 SUSIE ORR, NOTARY PUBLIC ,I
On 'before me, 1
Dal€> NaTe and Title of Officer (eg_, Jane Doe, Notary Public I
personally appeared BRIAN JOHNTSON AND CHRIS JOHNSTON
Nume(sl of Signer(s)
o personally known to me
i9 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 authorizedcapacity(ies),
.~--.SUSiE<iRR - and that by his/her/their signature(s) on the instrument the
g C.OM,M. .17286011
!NOTAR't,PUBUC~. CAUPOAtCIA:. person(s), or the entity upon behalf of which the person(s)
:IE . SAN DIEGO.COUNTY acted, executed the instrument.
i..:-- _ ~ _~i.~-,~1~!{~11 ~
Y Y T T .. .- .. T.'- .. .- .- y... T... .
OPTIONAL
Though the information below is not reguire.d by law, it may prove valuable to personsffJ1ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
'I
Description of Attached Document )
~() n"';)e ( -J~\-I 0 Y\. ~r,," 'SQ me XI -t- ~o ~ )
Titie or Type of Document:
. .
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Clairned by'Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate ,Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 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 Guaraian or Conservator
o Other' Top onhumb'here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
C.1996 NaUonal Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Part.. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-87?-6827
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11288
EXHIBIT "A"
CONSERVATION EASEMENT
THOSE PORTlONSOFT8E:sqUTHEAST QLJ.t.RTER OF THE NORTHWEST QUARTER OR SECTION 5,
TOWNSHIP 14S0UTI-t, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OFSANDIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE NORTHWEST CORNER OFTHE EASTERL Y20.0:0.0 FEET OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF
SOUTH 0.0"19'28" EAST 817.80. FEET, THENCE LEAVING SAID WESTERLY LINE SOUTH 7400.9'17''
WEST 58.27 FEET, THENCE NORTH 86046'45" WEST 53:03 FEET, THENCE SOUTH 68043'35" WEST
61.09 FEET, THENCE NORTH 00.019'28" WEST 853.29 FEET TO THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE
SOUTH 8g051'53" EAST 166.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.179 ACRES MORE OR LESS
PARCEL 2
BEGINNING ON THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER DISTANT THEREON 448.81 FEET FROM THE SOUTHWESTERLY CORNER THEREOF,
THENCE NORTHOo.013'20" EAST 466.70 FEET TO THE SOUTHERLY LINE OF AN EASE~ENT FOR
ROAD AND UTILITY PURPOSES '3ECORDED JANUARY 26, 1972 AS FILE/PAGE 1':10. 20150, BEING IN
THE ARC OF A 130.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADI~ TO WHICH
BEARS SOUTH 78000'02" WEST; THENCE ALONG SAID CURVE 6.54 FEET THROUGH A CENTRAL
ANGLE OF 2053'0.2"; THENCE SOUTH 14053'0.0" EAST 65.0.0 F,EET TO A 155.00. FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE ALONG SAID CURVE 8H2 FEET THROUGH A CENTRAL
ANGLE OF 32021'0.0."; THENCE SOUTH 47014'00" EAST 125.00 fEET TO A 10.5.00. FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE 106.35 FEET THROUGH A
CENTRAL ANGLE OF 5800.2'00"; THENCE NORTH 74044'00." EAST 1;15,00 FEET TO A 180.0.0 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY: THENCE ALONG SAID CURVE 10.8.65 FEET
THROUGH A CENTRAL ANGLE OF 34035'00"; THENCE NORTH 40.009:00." EAST 165.0.0. FEET TO A
70.0.0 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; Tf:lENCEALONG SAID CURVE 40.93
FEET THROUGH ACENTRAL ANGLE OF 33030.'00."; THENCE NqRTH 73039'0.0."EAST 30.00 FEET TO
A 75.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE 60..65 FEET
THROUGH A CENTRAL ANGlE OF 46020.'00"; THENCE SOUTH 60001'00" EAST 44.78 FEET TO THE
WESTERLY LINE OF THE EASTERLY 200..00 FEET OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG SAID WESTERLY LINESOUTH 0.0.019'28" EAST 439.58
FEET TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89025'20" WEST 734.95 FEET TO THE POINT OF
BEGINNING.
CONTAINING 5.471 ACRES MORE OR LESS
'7
RECfI50f
MJS 8/15107
. ( II
. EXHIBIT B 112_ SHEET 1 OF 1
, . CITY OF" POWAY
EASEMENT PLAT
$69"51'53"E 1370.70'
I L34
SE 1/4 NW 1/4 I
I I I SECTION 5
I
I CURVE RADIUS DELTA LENGTH i
C4 130.00 02'53'02" 6.54
! C5 155.00' 32'21'00 87.52'
C6 105.00' 58'02 00 106.35
C7 "'80.00 34'35'00 '08.65
C8 70.00' 33'30'00" 40.93'
C9 75.00' -46'20'00" 60.65' 166.13' 200.00'
I UNE BEARING DISTANCE
I SCALE: 1""-200' I L25 N 0013'20 E -466.70'
I on
L26 N 14"53'00" W 65.00' .., ..,
I -'
I L27 N 4714'00" W 125.00
I L28 N 74'44'00" E 125.00'
I L29 N 40'09 00" E 165.00'
I L30 N 73'39'00 E 30.00'
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;., L39 N 0019'28" W 853.29'
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i 20150 REC 1-26-72 [l,R.
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I CONSERVATION EASEMENT
/.. noc# 2004-0175347
REC. MAR 04, 2004
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SURVEYOR:REC ENGINEERING, INC. PLAT PREPARED
2442 SECOND AVE. SAN DIEGO, CA, 92101
PHONE NO, (619) 232-9200