Conservation Easement Deed 2004-0024011
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. · J DOC , 2004-0024011
RECORDING REQUESTED BY: JAN 13 2004 9 - 52 AM
CITY OF POWAY , -,
. OFFICIAL RECORDS
WHEN RECORDED NIAlL to: SAN DIEGO moov REOORIlER'S OFFicE
CITY'.CLERK r-o.. 0~'l GREGORI' J. SIIITH; COUNTV'RECORDER
CITY OF PqVYAY I{I VV FEES: 0,00
p'a.BOX 789 (1;: NA
POWAY CA 92074,0789
.~ APN 321-111-17 .",.,( l'I..Ii,~lijj,I~1II U1llll1lllil~ '
\ J CONSE~VATION EASEMENTOEEO
n~ THIS CONSERVATION EASEMENTDEED is made this 22nd.dayof December 2003, by Dennis Keena
\(.1'"" and Karen . Keena, ("Grantors'),. in .favor of City of Poway ("Qrantee''), acting by and thro'ugh its
Development.ServlcesDepartment, 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' CaiJornia, more particularlY: described in Exhibit "A" and Exhibit ':S"
attacnea hereto.andihcorpofated bAhis reference (the "Property'').
S. The Property possesses wilcilif" and habitat value.s (colleGtive,ly, "conservation'values'!) 'of
great importance to..the 'Grahtee,th,e people of the City of Poway, .the people of the State of'Califorriia,
and the people of the United States.
C. The Prop~rty provLdes high quality coastal-sage scrub. goa;;tal sage scrub is'thmhabitat
ofthe'Cillifofnia Gnatcatcher, which is..Iisted,Ejs a threatened..species on the Federal Endangered'Species
list. Conseivation of-this property.therefore will preserve habitat o(a.protectedspecies,
o The City of'Poway, iSlauthoiized to hold conservation easemenJs forth,e preservation of
land in its ,natural, scenic;aQricullural,histoiical, forested, (Jr open,,~p1)cEj, condition. The City of' Poway
has authority to'hold easements f6r these purposes pursuant to California 'Civic Code Section 815:3(6)..
E. The State of California;"by,and through Its Dep,ariment of Fish and Game (CDFG), has',
juris~jjction, pursuant to the Fish and Game.Code Section 1802, over the conservation', proteClio.n, and
manag"ment of fish, wildlife, native plants and the habitat necessary for biologically ,s),lstaina.ple
populationsof-those species.
F The United :States Fish ,and Wildlife Services (USFWS) has jurisdiction over the
conserVatioh', proteCtion, restoration, e~han.ceh;1enfand JTianag~ment oJ:fi~h, .wildlifeand native plants
arid the habitats-.on' whi~h they qflpend undertheEnda~geredSpecles Act, 16 U:S.C section 1531et
seg. (ESA),the.Fish andWildllfe Coordination Act, 16 O,5.C, section 661.666c and other applicable laws.
G. This Conservation. E1)sement -provides protection for 1.86 acres of land that contains
Diegan coastal s.age scrub . located within the City of Poway's Subarea Habitat Conservation Plan/NCCP
Focused Planning Area.
H. ,Grantor In}El~ds to convey to Granteethe\right,topreserve and protect the conservation
values of the 1.86 acres of Property'in perpetuity in accordance with Covenants, Terms, Conditions and
Restrictions contained 'hereln in exchange for Grantee permitting Grantor's removal of 1.85 acres of
Diegan coastal sage 'scrub This is a mitigation measure for such removal of 1.85 acres .of Diegan
coa'stal scrub.
b7~?-11
t Q'1-~o-lIo
(, ConserVation Easernent:A ,6,0'34 .
Page 2
L Grantee ,agrees by;ac~epting..t~lsgr<mt:io honor the intentions oFGrantor stated herein
,and to preserve and to protect in perp~u.itytD~ con_serv~ation values of .the property in accordance with
the terms of this ConserVation Easement'forthe~enefit'ofthis'generation and the generations to come,
COVENANTS, TERMS. C0NDI110NS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
.restriCtlons cOllt;jlned herein, ana 'pursuant to California, law, including Civil Code Section 815, et seg.,
Grantor hereby voluntarily deeds and conveys to Grantee conservatiqn e~sement in perpetuity over the
Property of the, nature' and cliaracterand to the extent. hereinafter set forth '("Easement").
1 Purpose. The,purp'ose 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 Pr()perty that wfll materially
impair.or interfere with'the conseiVation' values of'lhe Prop~rty; Grantor intends, that this Conservation
Easem~nt will confine the use of, ,ttie. Property to such activities, In~luding without limitation, those
inyolving the preservation and enhancement of native species and tDeir habitat in a manner consistent
with the habitat'conservatlon purposes of this Conservation.,Easement.
2. Riqhts of Grantee" To..accomplish the purposes'of.:this Conservation' Easement; Grantor
~ere~y grants and conveys the following rights to Grantee,and.lhei,Stateof California Department of Fish
and'Game as a third party beneficiary.ofthis easementoythis Conservation EasementDeed:
(CJ) 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 <;>"antor:s
compliance, with, and to othE!rwise enforceithe'.teims of, this Conservation Easement, inCl,udlng Gra~tor: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 designelils:
(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,restoratioii of such areas or features of the
Property'that.may bedamaged'py.any.act, failure to act, or any use thaUs inconsistent with the purposes
ofthis..Cohservation Easement;'
(d) A.II mlnlilral; ,air and water rights necessaiy to protect and sustaih the biological
resources. of the Property; and
(d) To enforqe by means including, injurictive relief, the. terms and condilions'of the
Easement.
3. Prohibited :Uses.. ,Any activity.on oi use of the Property Inconsistent. with the habitat
conservation purpos<,!s,ciUhis Conservation Easement.ana not. specifically reserved as a right of Grantor
. -.,-" '..',"-';..,- -....... .,..,. .. -..,....
Is prohiblte(j, Without limiting the generality of the foregoing, the following uses by Grantor, 'Grantor's
agents,andltlird,. par!ies, are expressly prohibited uniess speCifically provided for through' the Poway
Subarea HabitatConse~vation Plan/NCCP
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, inco,mpatiolefire protection,activllles andany'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,
(d) Erection of any building, billboard, sign;
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(30flser'Vation Easemeflt& ,6{)'3,~.
Page 3
(e) Excavating, dredging or removing ,of ,loam, gravel, soil, rock; sand or other
material;
(f) Otherwise altering'the general top6graphy'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.a!>
req~.ired by law for (1) firebreaks, (2) maihtenance of existing foot trails or roads, or"(3) prevElntion or'
treatment, of disease.
(h) Planting of'treesor other vegetation except.by written permission from the City of
Poway
4 Graritor's Duties. Grantor shall underlake all reasonable actions to prevent.the,unlawful
entry and trespass by persons whose aCtivities may degrade or harm the conservation va.lues of the
Pro[lerty 111 addition, Grantor shall undertake all necessary actlohs to protect Grantee's rights under
Section. 2 .of thls'ConservationE9.semenL Grantor further covenants thatmaihtenance of the Property, to
wit: clean up of all trash and debris, shall'be the Grantor's responsibility
5. ,Reserved Rlqhts. Grantor reserves to Itself, and .to its personal representatives; heirs,
successors, and assigns, all Tigh!saccrulng from its owners~ipof the Property, including .the right to
engage in'.or to permit or;invite othe,s to engage in all uses of the Property that are cohsistent with. the
purposes of this Conservation E<;l.!'er:nent.
6. Grantee's Remedies. If Grantee determines that Grantor .is in violation of the terms of
this Conservation Easement or that a ~iolaiion is,threatened, Granteeishall give written notice.to'Grantor
of such vio'lation and demand in writing' corrective action sufficlenHo cure the violation. Grahtee shall
also notify the California Department of Fish. and Game. If Grantor fails to cure the violation within thirty
(30) days after receipt of said. written,noticfl and deITland from Grantee, or if the'cure reasonably, reqUire"
more than tnirty(30)'days to complet~ an~, Grantor fails to begin 'the'cure within the thirty (30) day period.
or fails to continue diligently ,tocomph'lte the cure, Grantee may. bring an action .at law or iri. equity'in a
court of. competeht jurisdiction 'to' enforce the terms of this Conservation Easemeht, .to recover ahy
damages to which Grantee. may beeniiiled for violation by Grantor' of. the terms of this Conservation
Easement, to enjoin the violation, e~ parte as necessary, by temporary or permanent injunction wit~out
the necessity of proving either actual ,damages or the inadequacy' of otherwise available legal remedies;
or for other.equitable reliei,includil1g, but not limited to, the restoration'ofthe, Property to the condition in
which it existed prior to any such viola~onorinjury 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 dls<;retion"determines that circumstances require irrimediateactlon
to prevent.or mitigate signiticant damage to the conservation values'of"theProperty, Grantee'may pursue
its remedies under this,:paragraph witho~.t.prior notice 10 Grantor,lCir withoutwaiting for the:period,;pr()vided
forcure,to 'expire. Grantee's rights under this paragraph .apply equally ,to actual or-threatehed violations
of the terms of this,Cons,ervailon EOas,El,Q'leni': Grantor'and Graiiteeagree:that,Grantee.'sremedies for any
.violation of the terms of this;Conservation Easement'is the Injlihctive:relief describecl in .this section, both
prohibitive and mand,atory, in addition .to such other relief, to which, Grantee' may be entitled, Including
speCific performancEl of the terms ofthis 80nservation Easement,.in ecach case, without the ne~essity of
proving either ~dual damages or the inadequacy of otheiWise, <:,vailablelegal remedies. Grantee's
remedies described in this'section shall be curhulative and shall be in addition to all remedies now or
hereafter eXisting at law. or in equity, Including but not .Iimited to, the remedies set forth in Civil Code
Section 815, et seq', inclusive.
If:at,anytlme in,the future Grantor or any,subsequenWransferee uses or threatens to use
such lands, for purposes ingol1sistent with th.isConservation Easement, hotwithstanding Civil Code
SeCtion 815.7, the 8allfornia.Atto.rney, General or thlrd'party entitles organized fo'r conservation purposes
have standing: as Interested parties in any proceeding affecting this Conservation Easement as against
I ,Grantor"
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.,' Conservation Easement a 60 36 ·
Page 4
The California Department'of Fish anci'.<3ame(9,pFG)'as.a,third party beneficiary.6f,this
easement shall have:the same rights' as Grantee under this'se.ction 'to,enforce'the terms of the easement
6,.1 Costs ofiEnf6rcerheht. Any'cost~ if)9uJ.:red I:>Y 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' afYy'costs of restoration necessitated by Gr.antor's,violatlon or negligence under the
terms of this'Conservation Easerh'ent.shall.oe borne by,Grantor
6.2. Grantee's Discretioh. Enforcement of the, terms of this Conservation Easement,
~y~rantee or CDFG shall be at tlie disCretio'n.of Grantee and CbF.'q"andany forbearance by 'Grantee or
CDFG' to exercise its rights under this. Cohservation Easement, by Grantor shall not' be deemed or
constr,yed to be a waiver by Grantee'of..such term or of ahy. ~ub~equent bre~c)1cif the same or any' other
term .of this Conservation Easement or of any of the Grantee's rights under this Conservation Easement
~o d,(Jlay oromis,sionby Grantee'or CDFG in .the exercise of any right or remedy upon any breach by
Granto!,shalllmpair such right orremeay,orbe construed as a waiver
6.3 Acts Beyond Grantor's Control. Nothi~g contained in this Conservation
Easement.by Grantee shall be at the' discretion of Grantee'.and:CD,F(3' t!?brl~g any action against\Grantor
for any i.njury to change in the Property resulting from causes b'eyonq Grantor's control, including, fire,
flood, s!orm, af)dearth movement, or anY,prudent action taken by Gr.antor'uf)der emergency conditions.to
preveht, abate, or mitigate signifbmtinjuryto the Property resulting from such:causes.
6.1 Department of Fisnand Game Ridht of Enforcement. All rights and, remedies
conveyed to Grantee, under this Conservation Easement Deed shall extend to and are enforc.e,able by. the
Department of Fish and Game or USFWS.
6.5. Fence, Installation and Maintenance. Grantor shall install and maintain a fence
. _ '.. .' -.' -:..' - ""-r
between the approved development area of the parcel and the Co'nservation easement Deed area to
pro'tect in perpetuity the cons.El.ryatio,f) values and function of the Pro'perty The 'Grantor shall oq!ain.
approval by the GranJee's. Director. Of Development Services regarding the specific locat";(m, type: 'and
helght'of the Jenceprior to its Instafiation.
7 PropertvManaoement and Maintenance. Grantor and its successors shall maintain the
Property in accordance'wlth theterms,and conditions' as set forth,herein,
8. Access. This Conservation Easement does. not convey a geheral right of,access'fo the
public; ho'wever, 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
lIabi/itiesof any kimJ)nc;luding transfer costs, costs of title and docum'entation revieW; and costs [e'lated to
the ownership, operation; upkeep"and maintenance ofthe,Property
9:1 Taxes. Grantor shall pay before de/inque.npy ",lItaxlils, ,assessments, fees, and
ch,,!rges of whatever description .Ievied on or assessedaga,inst the Proper.ty by competent authority
,(collectively "taxes"),induding any taxes imposed upon, or incurred as a. result .of, this Conservation
Easement; and shall'furnish Grantee andCDFG with satisfactory evidence of payment upon request.
9.2, Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CElFG am! its members, directors, o'fficers, employees, agents, "~ontractors, and their heirs, and
rlilpre.~lilntatives, successors and assigns (collectively "Indemnified paitles,,).fr.om and againstall/iabillties,
pe.J)alties,co~!s,-..Io_sse,~,.damages, expenses,.causes,of actioh, claims,:demands, orjydgments, Including
withq.utlimlt1)tio,n; rea,sonable attorneys' fees, arising from or in. any way connected with. (1) injury to or
.thecjeathoi'.?JlY per..so.'1,or:physical damages'to any'property'resulling from any act,omission, condition,
or othlilr .rnat!er [elateci t'? or'oc;curring on or about the Property, rega'rdless~ of ,cause; (2) the ()bligations
specified'ln Sections 4,9, and 9.1, and (3) the ,existence or administration ofthis Conservation Easement.
4
Conservation Easement. 603'7.
.Page5 .
. ,9,3. Condemnation. The purposes 6Hhe Conservation Easement are presumed to
be tile best and most necessary'public use as defined at Code o'f Civil Procedure SeCtion 1240.680
notwithstanding Code of <:;ivifProcect'ure,Sections124Q.690 and 1240 700
10. Assiqnment.. This Conservation 'Easement may .not be transferred, ,assigned, or
extinguished without the prior wrltleniapproval of CDFG. Grantee may assign its rights ahd 'obligations
under this .Cdrise(vation Easement" only to an entity o[ org;:lnization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to
record theassignmeht in thecduhty.wherethe Property is located.
11 Subseq'uent Transfers. Grantor agrees to incorporate. the terms of this Conservation
Easemerit. in an'y dee'a or<otll$r .Iegal instr~ment by wh.ich GrEjntor divests itself of any Interest in all or a
portion of the Property, including, without li.rnitation, a leasehold .interest.. Grantor further' agrees to give
written notice to Grantee or the CQF~ of the intent to trans,ferany'interest atleastforty'five (45) day's
prior to the date of such 'transferGr~nt~'i' shall.. have ,the'right-lopreventesubsequenHransfers in wlllch
prospective,subsequentclaimants'or'transferees are not given notice.of the'covenants, terms, conditions
and restriCtions of this Conservation Eflsernent. The failure of Grantor or Grantee ,to perform any act
provided In this section shall not ilT!pair!r,e validity of thisConse:vation 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,consen!s, approvals, or communications from
,on~ party to another shall be personally delivered or sent by,facslmile to the persons set forth, below or
shall be deemed,given five '(5) days after deposltin the Unite,d.States mail, certified and postage prepaid,
return receipt.Tequested aM address'ed"as follows, or at such other add,ress as any 'party mayifrom time
to time specify to the other parties Ih writing:
To Grantor' Dennis and Karen Keena
16056 Eucalyptus Heights Road
PoiNay, CA 92064
To Grantee: City of Po way
P O,Sox 789
poway CA 92074
With a copy to: Department of Flsll' an'd Game
Natural Community Conservation Planning
4949 ViewrldgeAvenue
San Diego, CA 92123
Thel parties 'agree to accept facsimile signed documents and agree to rely upon such
documents as If they b'ore original signatures. Each party agrees'!o:provide to the other parties, within
seventyctwo (72) hours,'after'transmission ofa 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 .py CDFG, Any such amendment shall be
consistent withcthe purposes,of this Cons!"rvat"ion Easement and, shall not affect its perpetual duration.
AhysuchamehdmEmt shall be recorded in the official records of San Diego County, State of California.
1'4 Recordation. Grantor shall promptly record this instrumenl'in the official records of San
Diego County, 'Californla. and Immediately notify the Grantee and CDFG through the mailing of a
confirmed copy ofthe'reco'raed, easement.
5
€onseryationEasement .0_ (jQ:38' .
'Page 6
15 General Provisions.
(a) Controllinq Law The interRretation ,and. performance of this Conservation
Easement-shall'be governed oy the laWs ofthe:'Stai~orCaTifornia.'
- '" .> ___ . H,....
(b) ,Liberal Construction. Any gen<:![,a.1 rul~ of construction to t~e contrary
notwithstanding, this Conservation Easement shall be,liberallyconstruedin favor of the deed to effect the
purposes of this' Conservation Easement-and the policy. andPy,rpose,of C;ivilCode Section 815, et.seg.lf
any provisiondn this instrument ,is found to be ambiguous, an interpretatlC!IJ consistent with the purposes
of this Conservation Easement.' th'at- woula render the provision vallg shall be favored over anY
interpretation thatwould render it invalid.
(c), Severabllitv If a court of competent-jurisdi9tio[1voids or in,valida,tes on its face
any provision of this. ConserVation 'Easemeht Deed, such action shall not affect the' remainder of this
Conservation Easement Deed. If a court of competent jurisdiction vofds or invalida'tes lhe'9Pplication of
any' provision of this Conservation Easement Deed to a person ,'or. 'circumstance, such action shall not
affect the application.of the provision to bther persons or circumstances.
(d) EntirecAqreement This instrumentsets 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 'h"rE<ilJ.
No alteration or variation of thisinstrument'shall be valid or bindihg unless cbntained in an amendmen(in
accordance'with Section 13
,-
(e) , No Forfeiture. Nothing contained herein will result in a forfeiture qr reversion of
Grantor's title in any respect.
(f) Successors, The covenants, terms, c:bnditions, and restrictions 01 thi~.
Conservation Easement-Deed shallbe:binding upon, and inure'tb the benefit of, the parties hereto and
.. ',- - .. ;
their respectivep.ersonal representatives, heirs, successors, and assigns and shall continue,as. ~.
servitude running in perpetuity with the Property These covenants 'hereunder benefiting Grantee shall
also benefit CDFG.
(g) Termination'of Riqhtsand Obliqations. A party:s rights and obligations under this
Conservation Easement shall' terminate. only upon transfer of the. party's interest ihth'e ConserVation
Easement or Property, except thai 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 shaU,'inthe aggregafe, be sig'ned by:Grantbrana Grantee; each counterpart shall be
" .. ,- - -., 1',
deemed. an original instrument as againsLany party who has, slgn'ed it. In the .event of any disparity
between the counterparts produced; the recorded counterpart.'shall,be'controlling.
OJ Modification. This Easementis not:subject.to modification or' amendment except
in writing and signed by Grantor, Grantee and CDFG ortheir permitted successors,or assigns.
(k) 'Exhibits. All Exhibits referred. to in this' Easement are. attached and incorporated
herein by reference.
(I) Aporopnations The duty of the City of Poway and CDFG to carry out their
respective obligations under this Easement shall be subject to the'availabillty of appropriate funds.
(m) Effective Date. This Easement shall be effective upon recording with the San
Diego County Recorder's Office.
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'€onser:vation EasemenfA 6039 .
Page 7
IN WITNESS THEREOF, Grantor and Granteehave'entered into'this Conservation Easementthe
. , -.- .. -. ,.,.. - ~ _. '. -
day ahd yeaf firstabcivewritten.
GRANTOR:
Dennis Keena and Karen Kee a, Property Owners
By' "'-
Dennis Keena
By' ~/~ ~i?O IY\A_
Karen" eena \
Approved'as to.Form.
Office of the city Attorney
Tamara Smith, City Attorney
By'
7
· 6040.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California J }
I ~ . 55.
County of W ( Y(-"Z. (~
II. --72'2 '0:> 'I " ,,'I .d
On ucz:. c-, ' U ~tiefore me, /fh t.A (5, ,41 /f/. /1/0(1/70,' We(;1 ~ I
personally appeare:1e ,j ~ fi/1:5' ktC/1/:r9Name and T1~e of Officer le.fiI., "Jane Doe, Notary Public")
Name(s)ofSignsr(s)
D personally known to me
~proved to me on the basis of satisfactory
~;raence
to be the person(yl whose name(J{ is/~
J - -. - - - -P~l;; S~IN;;' - - J subscribed to the within instrument and
-if'~ Comm~slon # 1450304 acknowledged to me that he/sll8AAey executed
0<{ ... . Notary PubI'k: t i:l . ~ the same In hls/tlefAfterr authOrized
>: 0 alom'" ~ . ""..,.. h b h' Ih~~
". San DIego Counly - capacity"",.,!,. and t at y IS ,=''''"''
j My Comm. ExpIres Nov 9, 2007~ slgnature(J1, on the instrument the person(llf, or
_ _ __ _ _ __ _ _ _ _ _ _ the entity upon behalf of which the person(s-)
acted, executed the instrument. I
I
WITNESS my ha,qd and official €sa!.
[ ( , 1.-0
[,
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I
1 OPTIONAL
r Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
! fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages'
I. Signer(s) Other Than Named Above:
:' Capacity(ies) Claimed by Signer
I Signer's Name:
I
o Individual ' Top of thumb here
o Corporate Officer ~ Title(s),
I 0 Partner ~ 0 Limited 0 General
o Attorney,in,Fact .1
o Trustee )
o Gu_ardian or Conservator
I DOttier'
I Signer Is Representing:
1
@ 1999 NatiOnal Notary A;sociation. 9350 De Soto Ave., P.O. Box 2402 . Ghatsworth, GA 91313-2402. wwwnationalnotary.org Prod. No. 5907 Reoroer: Gall Toll-Free 1-600.876.6827
. .
6041
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-
State of Califomi:.. J } ss
[ County of >r7/V /C6 0
I , FiN Lu sJlI? p',tU _ ;!IJ/7he1t( t.e~/L
1 On Dt;z:. " '2- 1.-03
L-- I U before me,
Date Kt2 #;:f"lue of Officer (s.go, 'J~neDoe,NotaryPubllc')
I,
personally appeared
Name(slofSigner(s)
I o personally known to me
1 ~roved to me on the basis of satisfactory
1 evidence
I
to be the personrA whose name~ is/<Ye- I
subscribed to the within instrument and
".,.if~.g;,~, PHYlliS SHINN acknowledged to me Ihat oo/she/tI!€y executed
_ ~ Commission # ,1450304 the same in tli!;/her/tpe1r authorized
~ ~~.;~ '" - Nolorv Pl.!"bhc . California ~ capacity(~j, and that by i>iS/her/tJ:>e'ir I
~" San Diego County - signature(g1 on the instrume~t the person(~Y or
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WITNESS my1,and <:\nd official se,;i. ~
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OPTIONAL I
Though the information below is not required byJaw, it may prove valuable to persons relying on the document and could prevent I
I fraudulent removal and reattachment of this form to another document. I
Description of Attached Document
1 Title or Type of Document
I'
I, Document Date: Number of Pages:
[,
Signer(s) Other Than Named Above,
1
I Capacity(ies) Claimed by Signer
Signer's Name:
.
o Individual Top of thumb hIJre
o Corporate Officer - Title(s), I
o Partner - 0 Limited 0 General
o Attomey,in-Fact
o Trustee
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Signer Is Representing:
@ 1999 National Notary Association. 9350 De Soto Ave P.O, Box 2402. Chatsworth, CA 91313.2402 . www,nationalnataryorg PrOclNo5907 Reord8~ Call Toll.Free '-800-876-6827
6onser;vation EasemenJ a .
page'8 6'0'42,
CERTIFICATE OF ACCEPTANCE
This is to Certify that the' interest in real' property conveyed:by the Conservation. Easement by
(Propetv Owner (s); d~<:lt~9 flf'c~mhpr ??, :1001 'toithe City of Poway, Grantee, and to the
CaliforniaDepartm"ntpf Fish and:Ga)l1e, as.a.third party. beneficiary, agovernmentalagency (under
. .. -. ..
Government Code Section 27281-), is, h,ereby accepted by the undersigned. officer on behalfofthe City of
Poway, pursuant\o'authorityconferredby Resolution No 34 of-the City of PO way on January 20,1981
GRANTEE. City of- Poway
BYC4~ (k ~~
Title: Lori AnneiPeoples, Cltv Clerk
Aut~orized Representative
Date: January 6, 2004
m:\planning\forms\environmental\dfg conservation easement deed.doc 5/02
8
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6'04'.3
EXHIBIT 'A'
A PORTION OF PARCEL I OF PARCEL MAP 13385, IN THE CITY OF POWA Y,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO FILE NO
84-278955 THEREOF FILED'lN THE COUNTY RECORDER OFFICE OF SAN
DIEGO COUNTY, .8ESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL I, THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL I SOUTH 0042'17" EAST,
522.72 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL I, THENCE
ALONG TI-IE SOUTHERLY LINE OF SAID PARCEL I SOUTH 87013 '30" EAST,
225 73 FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 1058'14"
WEST,.49.28 FEET, THENCE NORTH 32037'31" WEST 78.59 FEET, THENCE
NORTH 45027'31" WEST, 26.29 FEET, THENCE NORTH 23046'24" WEST, 38.14
FEET, THENCE NORTH65011'19" WEST, 65.04 FEET, THENCE NORTH 37012'55"
WEST, 62.22 FEET, THENCE NORTH 1000' 19" WEST, 52.31 FEET, THENCE
NORTH I6046'3J" EAST, 69.96 FEET, THENCE NORTH 24001 '34" EAST, 64 71
FEET, THENCE NORTH 50012'07" EAST, 51.24 FEET; THENCE NORTH 76057'28"
EAST, 39 45 FEET, THENCE SOUTH 85021'53" EAST, 74 75 FEET, THENCE
SOUTH 78045'57" EAST,.36,S4FEET, THENCE NORTH 1022'53" WEST, 75.21
FEET, THENCE SOUTH 89037'13" EAST, 67.24 FEET;. THENCE SOUTH 2022'29"
EAST, 40.36 FEET, THENCE NORTH 90000'00" EAST; 38.91 FEET, THENCE
NORTH 0000'00" EAST, 44.05 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID PARCEL 1, THENCp ALONG THE NORTHERLY LINE OF SAID PARCEL 1
NORTH 89036'46" WEST, 29.69 FEET, THENCE CONTINUING ALONG SAID
NORTHERLY LINE NORTH 89037'13" WEST, 367 42 FEET TO THE POINT OF
BEGINNING.
TOTAL AREA IS 1.80 ACRES, MORE OR LESS,
PREPARED BY
~ 1/- 4 ~ 1/.3
WILLIAM : YEN, RCE 33730
W00321
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OPEN SPACE EASEMENT PLAT
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EASEMEMT
DEDICATED
HEREON
LINE DATA
L1. N09'lS'SO"E 4S,70'
L2: N 16'S2'08"E 9916'
L3: N01'S8'14''W 49.28'
L4 N32"37'31 ''W 78.S9'
L5: N4S"27'31 "w 26.29'
137.S6' L6. N23'46'24"W 38.14'
- 363.29' _./ L7 N6S'11'19"W 6S,04'
L8. N37"12'SS"W 62,22'
CD MINA DE ORa L9' N01'00'19"W S2,31'
Ll0: N16'46'31"E 69.96'
@EUCALYPTUS HEIGHTS RD. Lll N24'01'34"E 6471'
~ Ll2: NSO"12'07"E Sl.24'
1 L13. N76"S7:28"E 394S'
L14 N8S"21"S3"W 74.7S'
LlS: N78'4S'S7"W 36,84'
Ll6 N01'22'S3"W 7S.21'
L17 N89"37'13"W 67.24'
6D Ll8. N02"22'29"W 40,36'
L19' N90"00'OO"E 38.91'
L20' NOO"OO'OO"E 44 OS'
L21 N89"36'46" W 29.69'
-41~J- L22, N89'36'46"W 136 OS'
L23' N89'36'46"W 106.36'
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VICINITY MAP
NO SCALE WOO321