Conservation Easement Deed 2007-0622280
r ~' . ' 1IIIIIIIIItrll~IIIIIII1I~~{II~ ill ~1~~ltWIIIIIIII~
RECORDING REQUESTED BY,
, CITY OF POWAY SEP 24, 2007 2:27 PM
~ III:FIU,~L f~t:cnr-:[I:-,
WHEN RECORDED MAIL TO: '_,."': ['iEC,O COUI'J'I , FICCOFI['Eh", uFflCc
1 / CITY CLERK '~,F:Ec.rJr:,.1 ',r,;.'TH,cnur,:r, lilCOF:C'ER
'" .I CEEe OI1U
{/ ^pu CITYOFPOWAY 6288 01' li.o
POBOX 789 PAG ES' 13
11 POWAY CA 92074-0789 ' :
~ / / Sp' I 111111111111111111111111,111111111111111111111111111111111111111111111111111111
I APN 321-111-10 2007-'0622280
CONSERVATION EASEMENT DEED
NO DOCUMENTARY TRANSFER TAX DUE
THIS CONSERVATION EASEMENT DEED is made this J day of 5c f\- 2007,
by Harry A. Rogers, Jr ("Grantor"), in favor of City of Poway ("Grantee"), acting by and through its
Development Services Department, with reference to the following facts.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property in the City 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 people of the United States.
C The Property provides quality Coastal Sage Scrub and Chaparral vegetation. Coastal
Sage Scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the
Federal Endangered Species list. California Gnatcatchers were observed on adjacent properties and on
the southern and western perimeter of the subject lot, and the site is thought to contribute to local
Gnatcatcher movements, Conservation of this property, therefore, will preserve habitat 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 Civil 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 and Game Code Section 1802, over the conservation, protection, and
management or 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 the
conservation, 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 lahd that contains Coastal Sage
Scrub and Chaparral habitat located within the City of Poway's Subarea Habitat Conservation Plan/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 in exchange for Grantee permitting the removal of Coastal Sage Scrub and Chaparral
6~ -d4~
; Conservation Easement D! .
6289
Page 2
habitat to establish a ~orse !>oarding facility (Conditional Use Permit 94-07). This is a mitigation
measure for the removed CoastaISage:'Scrub and Chaparral habitat.
I. Grantee. agrees by ac~epting 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
theterrhs 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 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 upo~ the property at reasonabletiiiles in order to monitor Grantor's
compliance with,al1d 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 reserved as a right of Grantor
is prohibited, Without liniiting 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 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;
. . .
6290
Conservation Easement Deed
Page 3
(d) Erection of any'building, billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(I) 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, exc~ptas
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 actioris to protect Grantee's rights under
Section 2 ofthis 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 of the Property, including the right to
engage in or to permit or invite others to engage in all uses of the 'Property that are consistent with the
purposes of this Conservation Easement.
6. Grantee's Remedies, If Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Gra~to~,
of;such violation and demand ,j,n writing cprrective action sufficierit to cure the violation. Gran!ee (sh,!11
also notify the California Department of J;;ish 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 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 of otherwise 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 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'underthis paragraph without prior notice to Grantor or without waiting for the period provided
for cure to expire. 'Grantee's rights under this paragraph apply equally to actual or threatened violations
ofthe terms'of this ,Conservation Easement. Grantor,and Grantee agree that Grantee's remedies for any
violation of the'ternis of this Conservation Easement is the injunctive relief described in this section, both
prohibitive and manaatory, in addition 10 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" 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 8,15.7, the California Attorney General or third-party entitles organized for conservation purposes
have standing as interested parties in any proceeding affecting this Conservation Easement as against
Grantor
. .
Conservation Easement Deed 6291
Page 4
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 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 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 Ihe 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'tobring 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 under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
6,5, Fence Installation and Maintenance. Grantor shall install and maintain a fence
between the approved development area of the parcel and the Conservation Easement [leed area to
prQject iQ, p~rpetu!ty the conservation values and function of the Property The type of fencing may also
inClude posts and 'signage. The Graritor shall obtain approval by the Grantee's Director of Development
Services regarding the specific location, type, and height of the fence prior to its installation.
7 Property 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 purposes, 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 including 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 result of, this Conservation
Easement, and shall furnish 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 "lndemnifiedParties"j from and against all liabilities,
penalties, costs, losses, damages, expenses, causes or 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 person, or physical damages to any property resulting from any act, omission, condition,
or other matter reiated.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.
. . 6292
Conservation Easement Deed
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 1240 680
notwithstanding 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 organizatioriauthorized to acquire and hold
conservation easements pursuant 10 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 righttb prevent subsequent transfers in which
prospective subsequent claimants ortransferees 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 limit its enforceability
in any way Grantor shall not grant, additional easements or other interests in the property without the
prior written authorization of Grantee and CDFG.
12. Notices, All notices, demands, requests, consents" approvals, or communications from
one party to another shall be personally delivered or sent by facsimile to the persons set forth below or
shall be deemed given five (5) days 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' Harry A. Rogers, Jr
14875 Mina De Oro Road
Poway, CA 92064
To Grantee: City of Poway
POBox 789
Poway CA92074
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 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,
14 Recordation, Grantor shall promptly record this instrument in the official records of San
Diego County, California and immediately notify the Grantee and CDFG through the mailing of a
confirmed copy of the recorded easement.
. .
Conservation Easement Deed 62 9 3
Page 6
15. General Provisions.
(a) Controllinq Law. The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California,
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Easement and the policy and purposeof.Civil Code Section 815, et seq. If
any prov.ision 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 itinvaiid.
(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 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 ih
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 repres~nt<ltives', 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 shall have no effect upon its
construction or interpretation.
(i) Counterparts, The parties may execute this ihstrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantorand;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.
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) 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.
Conservation Easement Di. . 6294
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first abovewrilten.
GRANTOR:
By'
Approved as to Form.
Office of the City Attorney
Lisa Foster, City Attorney
By ~~ ~
Lisa Foster, City Attorney
I
. . 6295
California All-Purpose Acknowledgment
State of Cali fomi a }ss. . --
County of San Dieqo
on,~~ 5fJlb~e4)(,"1 before me, S.y ~rM:JI1e?)( ;Val- tv7J pJlh cdr!s'D
personally appeared -ffCi.Jlfld k tkj-en Q. :J{2
0 personally known to me
!Sf proved to me on the basis of satisfactory evidence
5 K BROWNELL ~ to be the person~ whose nam~~re subscribed
COMM. #1 S23898 ~he within illstrument and aCknO~ged to me that
NOTARY PUBLIC-CALIFORNIA ~ she/they executed the same in i h~r autho-
SAN DIEGO COUNTY -
~ M~ Co~m._Expi~es ~ov~b:: 1 ;.:o~ ( . ed capacity~ and that by i her/!h~ir
signature"(S.),s>nthe instrument the perso , or the en-
tity upon behalf'of which the person~ acted, executed
the instrument .
..~ WITNESS my hand and official seal.
S k" . fJ ())'k.1Y\LP
Signature of f\fotary
Other Information
This.information is not required by stale law, but is helpful in preventing Jiaud.
Type of Ackowledgment:
~ Individual
o Corporate
o Partnership
o Attorney-in-fact
o Other'
Document Identification:
Name/Type. &~~~o~ M~~ "})Q~
Date: <;\1- . ), ~o1/1 # of Pages: 17 fi'Si4
Other Info
Journal Entry #.
Signer Information
Name:/-lo^;? ,4. p. rf1"k> "
Capacity (if C 'jJorate):
@2005 Golden State Notmy wwv;."GoldenStateN otary.com (888) 263-1977
. .
Conservation Easement Deed 6296
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Harry A. Rogers, Jr, dated 7'- S' . 2 &>07 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 10 authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981
GRANTEE.
By
Tille.
Date:
m:\city\planning\cmr\ CUP'9407 harry rogers dfgconservation easement deed.doc
1/04
. .
6297
j EXHIBIT 'A'
,
PARCEL 3 OF PARCEL MAP NO 4857, FILED IN THE OFFICE OF THE COUNTY
RECORDER ON JUNE 24,1976 AS FILE NO 76-197669 OF OFFICIAL RECORDS, BEING
PORTIONS OF THE SOUTHWf:ST QUARTER OF THE SOUTHEAST QUARTER AND OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL OF SECTION 4,
TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
d' ,
William 1. Richard
PLS 445\
. .
6298
, EXIDBIT 'B'
!
OPEN SPACE EASEMENT DESCRIPTION
APN 321-111-10
AN EASEMENT FOR BIOLOGICAL OPEN SPACE PURPOSES OVER, UNDER ALONG AND
ACROSS A PORTION OF PARCEL 3 OF PARCEL MAP NO. 4857 IN THE CITY OFPOWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER IN BOOK OF PARCEL MAP AT P AQE 4857 ON JUNE 24, 1976 AS
FILE NO. 76-197669 BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS.
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 3, THENCE;
SOUTH 89'33'55" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, 305.54 FEET
TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT, THENCE, LEAVING SAID
SOUTHERLY LINE NORTH Z044'19" EAST 43.76 FEET, THENCE; NORTH 1'06'10" WEST
156.54 FEET, THENCE, NORTH 54'33 '58" EAST 72. 77 FEET, THENCE; SOUTH88'07'28"
EAST 25.26 FEET, THENCE, SOUTH 74'33'14" EAST 66.20 FEET, THENCE, SOUTH
85'58'57" WEST 47 49 FEET, THENCE, NORTH 77'18'18" EAST 66.45 FEET, THENCE,
SOUTH 43'04'57" EAST 35 15 FEET, THENCE, NORTH 81'30'12" EAST 28.88 FEET,
THENCE; NORTH 68'57'56' EAST 36.20 FEET, THENCE; SOUTH 70'57'20" EAST 11.32
FEET, THENCE; SOUTH 32:49'17" EAST 134.96 FEET, THENCE; SOUTH 82'58'46" EAST
35.19 FEET, THENCE; SO{jfH68'33'37" EAST 98.67 FEET, THENCE; SOUTH 84'36'54"
. .
E1\ST 6L67FEE.T,THENCE; SOUTHS44'28" WEST 2I.83 FEET, THENCE; SOUTH
78'33'41" EAST22:62'FEET,tHENCE; NORTH 24'45'00" EAST24.80 FEET, THENCE;
SOUTH7T23'4I"EAST 4l.53 FEET, THENCE; NORTH 84'22'59" EAST 13.23 FEET,
THENCE, NORTH 71'13'34" EAST 39.27 FEET, THENCE; SOUTH 74'35'19" EAST 20.76
FEET, THENCE; NORTH 53'04'37" EAST 41.95 FEET, THENCE; NORTH 34'11 '22" EAST
46.71 FEET, THENCE; SOUTH 50'28'10" EAST 34.54 FEET, THENCE; SOUTH27'33'08"
EAST 20.61 FEET, THENCE, SOUTH 9'45'06" EAST 32.92 FEET, THENCE; SOUTH
83'29'41" EAST 57.57 FEET, THENCE; NORTH 60'13'22" EAST 36.21 FEET, THENCE;
SOUTH 73'58'40" EAST 86.32 FEET, THENCE; NORTH 54'12'48" EAST 10.28 FEET,
THENCE; NORTH 27'26'00" EAST 21.10 FEET, THENCE;NORTH 13'34'04" EAST 21.50
FEET, THENCE, NORTH 2'03'24" EAST 36.46 FEET, THENCE, NORTH 10'04'02" EAST
17.59 FEET, THENCE; NORTH 89'16'08" EAST 5.58 FEET TO THE INTERSECTION WITH
THE EASTERLY LINE OF SAID PARCEL 3, THENCE; SOUTH 0'43'52" EAST ALONG SAID
EASTERLY LINE 128,26 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 3
- ' -, '
THENCE, SQUTH 89'33'55" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3,
1050.81 FEET To THE TRUE POINT OF BEGINNING.
,
William J. Ric
PLS 4451
'"
f-
W
W
~ I
'"
~
~ '"
(0 u.
0
~
f- SB9'35'42"E 1194.3B'
w
w LINE BEARING DISTANCE
I
. '" L1 NOT 44'1 9"E 43.76'
L2 S07'06'10"E 156.54'
L3 S54'33'5S"W 72.77'
L4 SBS'07'2B"E 25.26'
L5 S74'33'14"E 66.20' Z
0
L6 NS5'5B'57"W 47.49' F
<<:
L7 N77"1B'1S"E 66.45' "':::>
LS N4S04'57"W 35.15' f-z
wF
m L9 NB1'30'12"E 2B;SS' wZ
IO
f- L10 S6S'57'56"W 36.20' ",0
m L11 S70'57'20"E 11.32' wet:
:r: wo
X L4 UJu.
w ~/r-___J..~_ [..,6 L]_--~{. OL I
PARCEL 3 \+ ---- ------ 6' \.9 \.:,>--~-,1
",/' '\.... --... \
PM 4857 ( ,
I
1
,
1
1 OPEN SPACE EASEMENT
I
,
1 GRANTED HEREON
'r-
. IN
1
,
1
1
1
,
,
1
I
,
~,
305.54' -'1 1050.S6'
,
! 1356.35 SB9-33'55"W-t--
_N~
~1'lI,'I'Q_cn.IHl1_
-
-
'.-
. . . (3
6300
" ,.
)...
I
SHEET 2 OF 2 SHEETS
EXHIBIT B
l
.~
~ SEE SHEET 1
FOR CONllNUA llON
0)0 t
Al'1J
)>['1
zz
""
['1Ul
0'1J
tPi L12 N32'49'17"W 134.96'
L13 N82'58'46"W 35.19'
L14 N68'33'37"W :98.67'
L15 N84"35'54"W 61.67' Ul
CJI
L16 N05'44'28"E 21.83' lD
c.l
!i\ "" L17 N78'33' 41 "W 22.62' '"
L18 N24'45'00"E 24.80' ..:
0 '"
~ ex. -0-0 L19 N77'23'41 "W 41.53' .
'" 01 'S::x> CT1
'" " L20 S84'22'59"W 13.23' -
01 ;0 -
;., r-Ll 6 .J>.O L21 S71'13'34"W 39.27' lD
.0). N74'35' 19"W 20.76' :to-
CXlI"l L22 't..t',
Ul ''-:.J '(J1 r L23 S53'04'37"W 41.95' IX!.
CJI (lar- ~u. N34'11 '22"E 46.71'
lD L24
c.l - N50'28'10"W 34,56'
'" co L25
ui r L26 N27'33'08"W 20.61'
N
'" 0 L27 N09'45'06"W 32.92'
.
:IE L28 N83'29'4'"W 57.57'
L29 S60'13'22"W 36.21'
L30 N73'S8'40'W 86.32'
L31 S54'12'48'W 10.28'
L32 S27'26'00'W 21.1 0'
L33 N13'34'04~E 21.50'
L34 N02'03'24'E 36.46'
L35 N1O'04'02"E 17.59'
L36 N89'16'08'E 5.58'
500'4,3 52,E'475.00