Conservation Easement Deed 2004-0538032
, .' DOC'
' , 2004-0538032
',.
-'
~ RECORDING REQUESTED BY.
': . . CITY OF POWAY JUN 09. 2004 8:54 AM
~ WHEN RECORDED MAIL TO' OFFICIAL RECORDS
: ~ CITY CLERK SAN. DIEGO COUNTY RECORDER'S OfFICE
lCf ClilYOF POWAY GREGORY J. SMITH, COUNTV.RECORDER
r POBOX 789 FEES: 0.00
POWAY CA 92074-0789 DC: NA
Space Above Line for Recorder's Use Only
APNs: 276~140-11 and 276.140-12
PROJECT NUMBERS. MORA 03- 62 and MORA 03-63
CO~ ATION EASEMENT .DEED
DOCUMENTARY TRANSFER TM '. .,
THISCONSERVATlONEASEMENTDEEDlsmadethis /9K day of fVY'tY 2004, by
Midori Financial, LLC, Craiq Faulkner, Manaqinq Partner i"Grantor"), ih 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, rfbreparticularly 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 ofthe City of Poway, the people of the State of California, and
the people of the United.States.
C The Property providE's high quality Coastal Sage Scrub and Riparian Woodland. Coastal
Sage Scrub is the habitat of the California Gnatcatcher, which is listed as a threatened speCies on the
Federal Endangered Species list. One pair .of California Gnatcatchers, and a single male, were observed on
site. Conservation of this property, Iherefore, will preserve habitat ofa protected species.
0 The City of Poway'is'authorizedto hold conservation easements for the preservation of land
in its natural, scenic, agricultural, historical, forested, or open spiKe condition. The City of Poway has
authority to hold easements for these purposes pursuant to California'Civic Code Section 815 3(b).
E. The State of California, 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 of fish, wildlite, 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 maniigement. of fish, wildlife and native plants and
the habitats on which thlilY depend under the Endangered Species Act, 16 US C section 1531 et seg
(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 31 41 acres of land that contains South
Coast Live Oak Riparian' Forest, Dis\urbed Wetlands, Coast Live .Oak Woodland, Coastal Sage Scrub,
Disturbed Coastal Sage Scrub, and Non-Native Grassland located within the City of Poway's Subarea
Habitat Conservation Plan/NCCP Focused Planning Area.
H. Grantor intends 10 convey to Grantee the right. to preserve and protect the conservation
values of the Property 'In perpetuity in accordance with Covenants, Terms, Cohditions and Restrictions
contained herein Inexc)1ange for Grantee.permitting Grantor's removal of 0.67 acres of Coastal Sage Scrub,
5.05 acres of Disturbed Coastal Sage Scrub, and 1.82 acres of Non-Native Grasslands. This is a mitigation
measure for such removal 0 of 0.67 acres of Coastal Sage Scrub, 5.05 acres of Disturbed Coastal Sage
Scrub, and 1,82 acres of Non'Native Grasslands.
Dtj-D70
OQlo-50
,
. -
.
CQnservation Easef]1ent Deed
Page 2
I. Grantee agcees by accepting this grant to honor tbEl intentions of Grantor'stated herein and
1.0 Rreserve and topro~ect!in perpetuity the conservation val.~es of the property in accordance with the terms
of"thls'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 seg., 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 Propert~ will be
pre"served"in a natural condition in perpetuity and to prevent any useiofthe Property that will materially impair
or interfere with the conservation values of the Property Graritor irtends that this Conservation Easement
will confine the use of the Property' to such activities, including without limitation, those involving the
preservatibn and' enhancement cif 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 Easerhent, Grantor
hereby grants and conveys the followihg rights to Grantee and the 'State of"California Departmentof'Flsh.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 a-s 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 .inconsistentwlth the purposes of
Ihis Conservation Easement;
(d) All minerai, 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 putposes of this Conservation Easement and not specifically reserved as a right of Grantor is
prohibited. Wlthout:lirhitlng thegenerality.oftheforegoing, 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,roadvehicles; except vehicles used for property maintenance required by
the City of Poway, and then only bver existing roads.
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, sign;
. .
Conservation Easement Deed
Page 3
(e) Excavating, dredging or removing'of loam,gravel, soli, 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 tree~, 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 ~ndertakeall 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 of the Property, including the right to engage
in or to permit or invite others-'to engage ih 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 'if such
violation and demand in writing corrective'action sufficient to cure the violation. Grantee shall al~o notify the
California Department 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 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. o'r 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" 6r.for other equitable relief, Including, but
not limited to, the restoration of the.Propertyto the condition..in which it existed prior to any s'uch violation or
injury Without limiting Grantor's liability thereforlil, 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 pu[~ue its
remedies under this 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 of the
terms of this Conservation Easement. Grantor and Grantee agree\hat 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 ,avai,li'lble legal remedies. Grantee's remedies
described In this seCtion .shall be cumulative and shall be inaddition;toall 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 seg.,
inclusive.
If at any time. in the future Grantor or any subsequent transferee uses or threatens to use
such lands for purposes .inconsistent with this Conservation Easement, notwithstanding Civil Code Section
815.7, the California Attorney General or third'party entitles organized for conservation purposes have
standing as interested parties in any proceeding affecting this Cons~rvation Easement as against Grantor
. .
.
Conservation Easement Deed
Page 4
The California Elepartment of Fish and Game (CDFG) as a third party beneficiary of this
easementshal.1 have the'same rights as Grantee under this.sectlon to enforce the terms of the easement.
6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of t~is Conservation Easlilment against Grantor, including, but not limited to, costs 01 suit and
attorneys' fees, and any costs of restorati.on necessitated by Grartor's violation or negligence under the
terms.of this Conservation Easement shall be borne by Grantor
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by
Grartee or CDFG' shall be at the qiscretion 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 brea~h of the same or any other'term of this
Conservation Easement or of any of the 'Grantee's rights under this Conservation Easement. No delay or
omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as'a waiver
6.3 Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement
by Grantee shall be at the discretlOri of Grantee and CDFG to bring any action against Grantor for any injury
to change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, and
earth mOvement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes,
6.4 Department of Fish and Game Riqht of 'Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shi:iII 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 developmenLareaofthe parcel and the Conservation Easement Deed area to protect
in perpetuity the conservation values and function of the Property The type of .fencing may also include
posts and slgnage. The Grantor shall obtain approval by the Grantee's Director of Development Services
regarding the specific location, type, and height of the fence prior to its Instaliatlon.
7 Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance with the terms and conditions as setforthherein.
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 ali responsibilities and shall bear all costs and liabiiities
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 deiinquency 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 harml~ss, Indemnify, and defend Grantee and
CDFG and its members, directors, officers, employees, Ejgel}ts; contractors, and their heirs, and
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitatiOn, reasonable attorneys' fees, arising from or in anyway 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 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.
.
.
Conservation Easement Deed
Page 5
9.3. Condemnation, The purposes of the Conservation Easement are presumed to be
the best and lTios! necElssary 'public use as defined at Gode,of Civil Procedure Section 1240.680
notwithstanding Code o(Clvll Procedure Sections 1240,690 and 1240-700
10 Assiqnment. ThiS ,Conservation Easement may not be transferred, assigned, or
e~tinguished.withoutthe 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 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 90nservation
Easement in any deed or other legal instrument by which Grant~r 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.theintent to transfer any interest at least forty'five (45) days prior to
the date of such transfer Grantee shall have the right to prevent sJbsequent 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 limit its enforceability in any way Grantor shall
not grant additional easements or other . interests in the property without Ihe 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' Midori Financial, LLC
18515 Old Coach Way
Pbway CA 92064
To Grantee: City of poway
POBox 789
Poway CA 92074
With acopy to Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
The parties agree to acc,ept 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
sevEmty-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 ~ych amendment shall be consistent with
the purposes of this Conservatioh 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 Recordatibn. Grantor shall promptly record thi~ 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 ea'semenl.
. .
Conservation 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 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 ofthis Conservation Easement and the policy and purpose of Civil Code Section 815, et seg. If
any provision in "this instrument is found 'to be ambiguous, an interpretation consistent with the purposes of
this Conservati.on Easement that would render the provision valid shall be favored over any Interpretation
that would render it invalid.
(c) Severabilitv If a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed. If acourt'ofcompetent jurisdiction voids or invalidates the application of any
provision of this Conservation Easemenl"Oeed to a person or circumsiance, 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 in
accordance with Section 13.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(f) Successors. The covenants, terms, conditic;ms, 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 runhlng in
perpetuity with the Property These co'venants hereunder benefiting 'Grantee shall also benefit CDFG
(g) Termination of Riqhts and Obliqatiohs. 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 soleiy for convenience
of reference and are not a part ot this instrument and shall have no effect upon its construction or
interpretation.
(i) Counterparts. The, parties may exe~ute 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.
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 Easemenl 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.
-
. .
COi'lservation Easement Deed
Page 7
IN WITNESS THEf3.EOF, Grantor and Grantee have entered into this Conservation Easement the
day andyear first,above written'
GRANTOR:
LC, Craig Faulkner, Managing Partner
By'
Approved as;to Form.
Office of the City Attorney
::m~~
TamaraSmlth, City Attorney
4IIt ,-
.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
- -
I
I, State .ot California )) }
s:; ss.
I. County of 1# / a,)
: On /)~y / C; tOOl betoreme,-#;YLtl5 S:i-!f/1I.# ,I.&t/!r-Y h1f1L1C I
Date Name and Title of Officer (8 g "Jane Doe, Notary Public")
1 personalty appeared Cj(,cn~ Ff11ALfC;V/::.X,
Name(s) of Sign ens)
1
D personally known to me
1 'r>t. proved to me on the basis of satisfactory
~~ence
I'
to be the person(i) whose name(i} is/Ie
I ~ - - - - - - - - - - - - J subscribed to th~ within instrument and
~~.~. PHYlLIS SH. INN aCknoWled. ged to me that he/slie/th,e'y executed
I, ;;!i , comm~""'n # 1450304 l; the same in his/h~'r/t~eir authorized
i ,'~_ . NO':, DlK>Uc 'cCaUlomla! capacity(i\>s), and that by his/her/ttJ€'ir
I, ~ MyC =.~~ 2001 signature(!'l on the instrument the person()!), or
__ __ __ __ _~:.. __ _ _ .:.. _ the entity upon behalf of which the person~s)
acted, executed the instrument.
I S'gnature of Notary Public
I
I'
I OPTIONAL
Though the information below is not required by law, it may prove valuable to persons ielying on the document and could prevent
l fraudulent removal and reattachment of this form to another document.
: Description of Attached Document ~
Title or Type of Document: ~ O//5ae..tllfrl all L/!5t: 7J1EfiIT t:~
DocumentDate, /h1Y / S' Z 0 of Number of Pages' ! '7 I
I I , I
Signerls) Other Than Named Above, ~C/f <;;17 (TJ/ Ci /Y /1/ll!,<' ~y- I
Capacity(ies) Claimed by Signer
I Signer's Name, ~C) rA-t1t.l</!A::;-if..
1 '
I 0 Individual lop of thumb here I
[, D Corporate Officer - Title(s)'
J!lPartner - D Limited D General
D Attorney-in,Fact
D Trustee
D Guardian or Conservator 1
I D Other'
: Signer Is Representing,/1!IIDbkl FilJAIJOrn L L L I
[
@1999NationaINotaryAssociation'9350DeSotoAve p.o. Box 2402' Cha.tsworth. CA 91313.2402' www,nelionalnolary,org Prod -No. 5907 Reorder: Call Toll-Free '-800.876.6827
. .
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This Is to Certify that the interest in real property cOllVeyed by the Conservation Easement
Deed :by Midori Financial, LLC, Craig Faulkner, Managing Partner, Grantor, dated
May 19, 2004 , to"the City of Poway, Graritee, 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 oil behalf of the City of Poway,
pursuailttoauth6rity conferred by Resolution No. 34 of the City of Poway on January 20,1981
GRANTEE. City of Poway
"9{,&>' Q~ ~~P.",
Title: L ri Anne Peoples, City Clerk
Authorized' Representative
Date: May 21 , 2004
" .
, ~, .
EXHIBIT 'A'
LEGAL DESCRIPtiON
BIOLOGICAL OPEN SPACE EASEMENT
EA 04-03
PARCEL A
ALL THAT PORTION OF PARCEL 30F PARCEL MAPNO 14319, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON JUNE 18, 1986 AS FILE NO
86-245870.
EXCEPTING THEREFROM:
THE SOUTHEASTERLY 30 FEET
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 3 DESCRIBED AS
FOLLOWS.
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 3, THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 51035'48" WEST, 30.39 FEET TO A POINT
IN A LINE 30.00 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE
OF SAID PARCEL 3, BEING THE TRUE POINT OF BEGINNING, THEN CONTINUING ALONg
THESOUTHERL Y LINE OF SAID PARCEL 3, NORTH 51 035'48" WEST, 423,08 FEET, THENCE
SOUTH 77033'06" WEST, 30.79 FEET, THENCE LEAVING THESOUTHERL Y LINE OF SAID
PARCEL 3, NORTH 23020'52"EAST,}58.40 TO THE BEGINNING OFA TANGENT 85.00 FOOT
RADIUS CURVE CONCAVE .sOUTHEASTERLY, THENCE NclRTHEASTERL Y ALONG SAID
CURVE TROUGH A CENTRAL "'-NGLE OF 8]05] '54", A DISTANCE OF 12J 45 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH:79051 '01" EAST, 76.09 FEET, THENCE SOUTH 71043'04"
EAST, 145 12 FEET, THENCE SOUTH60OZ4'25" EAST, 5941 FEET TO THE BEGINNING OF A
TANGENT 85.00 FOOT RADIUS CliRYE CONCAVE SOUTHWESTERLY, THENCE SOUTHERLY
ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF 78041'24", A DISTANCE OF 116.74
FEET, THENCE TANGENT TO SAID CURVE SOUTH 18016'59" WEST, 32.00 FEET TO THE
BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,
THENCE SOUTHWESTERLY ALONG, SAID CURVE THROUGH A CENTRAL ANGLE OF
52011 '37", A DISTANCE,clF 77 43 FEET to A POINT FRQM WHICH A RADIAL LINE BEARS
NORTH 19031'24" WEST, THENCE IN A NON-TANGENT DIRECTION SOUTH 6040'12" WEST,
152.47 FEET, THENCE SOUTH 51002'26" EAST, 73.96 FEET TO A POINT IN A NON'TANGENT
670.00 FOOT RADIUS CURYE;CONCA VE SOUTHWESTERLY, SAID CURVE ALSO BEING SAID
PARALLEL LINE 30.00 FEET NORTHWESTERLY OF THE'SOUTHEASTERL Y LINE OF SAID
PARCEL 3, THENCE ALONG SAID CURVE AND SAID PARALLEL LINE THROUGH A
CENTRAL ANGLE OF 14022'51", A DISTANCE 168.17 FEET, THENCE TANGENT TO SAID
CURVE AND CONTINUING ALONG SAID PARALLEL LINE, SOUTH47034'2 t" WEST, 65,00
FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 18.98 ACRES, MORE OR LESS
lof3
" . .
..
PARCEL B
ALL THAT PORTIONOPPARCEL 4 OF PARCEL MAPNO ]43]~,.F]LED IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SAN<DIEGO'ON JUNE 18, ] 986 AS FILE NO
86-245870.
EXCEPTING THEREFROM.
(EXCEPTION B I)
THE SOUTHEASTERLY 30 FEET
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED AS
FOLLOWS,
(EXCEPTION B2)
COMMENCING AT THE MOST EASTERLY CORNER OF SAIO'P ~RCEL 4, THENCE ALONG
THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 51~3S:48" WEST, 30.39 FEET TO A POINT
IN A LINE 30 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE OF
SAID PARCEL 4, BEING THE TRUEPOINTOF BEGINNING; THEN ALONG SAID LINE, SOUTH
47"34'21" WEST, 383.51 FEET,THENC;ELEAVING SAID PARALLEL LINE SOUTH 77043'02"
WEST, 97.03 FEET, THENCE NORTH 87052'42" WEST, 22:73 FEET; THENCE NORTH 59043'29"
WEST, 32:67 FEET, THE)\ICENQRTl-I!21046' 1 0" WEST,31.80FEET; THENCE NORTH 24056'00"
EAST, 105.05 FEET, THENCE,NORTH 33006']0" WEST, 43066 FEET, THENCE NORTH 09043'1 1"
EAST, 26.54 FEET, THENCE NORTH 43032'33" EAST, 29.84 FEET, THENCE NORTH 51023'04"
WEST, 63.06 FEET TO THE BEGINNING OF A TANGENT 85,00 FOOT RADIUS CURVE
CONCAVE WESTERLY, THENCE NORTHERLY ALONGSAID'CURVE THROUGH A CENTRAL
ANGLE OF 89059'31", A DISTANCE OF 1335] FEET, THENCE TANGENT TO SAID CURVE
- - ."- - . . .-"- -.- - ~..,. -. .
NORTH 33020'59" EAST, ]65.00FEET,THENCE NORTH 23020:52" EAST, ]3.27 FEET TO A
POINT IN THE NORTHERLY LlNEOFSAID PARCEL 4, THENCE ALONG THE NORTHERLY
LINE OF SAID, PARCEL 4, NORTH 77033'06" EAST, 30,79 FEET; THENCE SOUTH 5]035'48"
EAST, 423 08 FEET TO THE TRUE POINT OF BEGINNING.
ALSO.EXCEPTlNGTHEREFROMA STRIP OF LAND 10.00 FOOT WIDE, THE CENTER LINE OF
SAID] 0.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS.
(EXCEPTION B3)
COMMENCING A T THE MOST SOUTHERLY CORNER OF SAtD PARCEL 4, THENCE.ALONG
THE WESTUINE OF SAID PARCEL 4, NORTH 00033'31" WEST, 300,77 FEET TO THETRUE
PO!NTOFBEGINNING, THENCE NORTH 47033'46" EAST,)5.66 FEET, THENCE NORTH
29039'09" EAST, 91.96 FEET, THENCE NORTH 22049'42" EAST, 82.74 FEET; THENCE NORTH
37"35'32" EAST,30 42 FEETTO THE'BEG]NNING OF A TANGENT 60.00 FOOT RADIUS CURVE
CONCA VE SOUTHERLY, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 9]034'58", A DISTANCE OF 95.91 FEET,. THENCE TANGENT TO SAID CURVE,
SOUTH 5004~'3Q",EAST'f~A4 FEET TO A POINT IN ALINE 30.00 FEET NORTHWESTERLY
AND PARALLEL TO THESOUTHEASTERL Y LINE OF SAID PARCEL 4, BEING THE POINT OF
TERMINUS.
THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP TO TERMINATE WESTERLY IN THE WEST
LINE, AND TO TERMINATE SOUTHEASTERLY IN SAID PARALLEL LINE.
20f3
.
, ~ .
>
EXCEPTION PARCEL B (CONTINUED)
ALSO E-XCEPTlNGTHEREFROMTHA T PORTION OF LAND LYING NORTHERLY OF A LINE
THAT IS 30.00 FEET NOR.;fHWESTERL Y AND PARALLEL WITH THE SOUTHEASTERLY LINE
OF SAID PARCEL 4 AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE.
(EXCEPTION B4)
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO BEING A
POINT ON A 1,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY FROM WHICH A
RADIAL LINE. BEARS SOUTH 64057'26" EAST, THENCE NORTHEASTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 4 AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 0]058'41", A DISTANCE OF 34.52 FEET, THENCE TANGENT TO SAID CURVE,
NORTH 27001 '15" EAST, 601.35 FEET TOTHE BEGINNING OF A TANGENT 200.00 FOOT
RADIUS CURVE, THENCE LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL 4,
NORTH 62058'45" WEST, 30,00 FEET TO A POINT IN A LINE 30.00 FEET NORTHWESTERLY
AND PARALLEL TO THE SOUTHEASTERLY LINE OF SAID PARCEL 4, BEING THE TRUE
POINT OF BEGINNING, THENCE NORTH 27001 '15" EAST, 9 46 FEET TO THE BEGINNING OF A
TANGENT 330.00 FEET CURVE CONCA YE SOUTHEASTERLY, THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 59022'38", A DISTANCE OF 341 ,99 FEET, THENCE
TANGENT TO SAID CURVE, NORTH'86023'53" EAST, 26,09 FEETTO A POINT IN SAID
PARALLEL LINE, SAID POINT BEING THE POINT OF TERMINUS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED AS
FOLLOWS.
(EXCEPTION B5)
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO BEING A
POINT ON A 1,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY FROM WHICH A
RADIAL LINE BEARS SOUTH 6~057'26" EAST; THENCE NORTHEASTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 4 AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 01058'41", A DISTANCE OF 34.52 FEET, THENCETANGENTTO SAID CURVE,
NORTH 27001' 15" EAST, 601.35 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT
RADIUS CURVE CONCA VE SOUTHEASTERLY, THENCE LEAVING THE SOUTHEASTERLY
LINE OF SAID PARCEL 4, NORTH 62058'45" WEST, 30.00 FEETTO A POINT IN A LINE 30.00
FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE OF SAID PARCEL
4, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 62058'45" EAST, ]6.49 FEET TO
THE BEGJNNING OF A NONcTANGENT 35.00 FEET RADIUS CURVE, FROM WHICH A RADIAL
LINE BEARS NORTH 71020'34" WEST, THENCE ALONG SAID CURVE COUNTER CLOCK WISE
THROUGH A CENTRAL ANGLE OF 306015'51", A DISTANCE OF 18709 FEET TO A POINT
FROM WHICH A RADIAL LINE BEARS SOUTH 17036'25" EAST, THENCE SOUTH 62058'45"
EAST, 26.53 FEET TO SAID PARALLEL LINE, THENCE ALONG SAID PARALLEL LINE,
NORTH 27001 '15" EAST, 73.56 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 12.43 ACRES, MORE OR LESS
AS MORE PARTICULARLY SHOWN ON EXHIBIT"B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
PREPARED BY
.Afl~.o.., b-~-,;?+
WILLIAM EN, RCE 33730
3 on
.
EXHIBIT ~B' SHEET 1 OF 6 SHEETS
BIOLOGICAL OPEN SPACE EASEMENT - PARCEL A
EA 04-03
(~
SCALE, 1'=200'
5,03 AC
I
I
I
I
/
----
PARCEL -J
PJvJ -j43-jO PARCF'L 4
pj\;j -J43-jO
#~:-
'5 ~I -P'1-
. SHEET 2 OF'6,SHEETS
EXHIBIT 'B'
BIOLOGICAL OPEN SPACE EASEMENT - PARCEL A
EA 04-03
.
a
"I-
0:/
i:l
,I.,,;
.ry
.It)
N j:)
0J ftt;:, ------
~ '>10' EXIST PRIVATE ROAD
.lD ESM'T PER
F /N 81-070400
5.03 AC REC. 3/9/8k
....
.... -J
~s6" ....
..... "6'-
......10-_
--~6; .....!!'rlij
t-l77':':',0 "
8'2.i.Oi "
PARCEL 4 IJts;, "",.1
"'s- '0&_
"&-
'0 P!vl -j43-JO '"
0 "s
~ 0'
II '''6'-
,
~ LINE DATA
W --------------
--' L 1 N79'51 'o7"w 76.09'
..:
0 L2 N60'24'25"W 59 41'
(f) TPOB - -
L-3 N 18'1 6:59"E32.00'
~ L4 NEr40'12"E 152.47' POC-
L5 N47'34'21 "E 65,00'
L6 N51'02'26"W 73.96'
LT N47"34'21"E 60.16' / /
DETAIL 'A'
SCALE. 1"=100'
. SHEET 3 OF 6 SHEETS
EXHIBIT 'B'
BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B
EA 04-03
----
peL 3 p IvJ -J43-jf) /
0
0
('oj
II
,
~
W 3.30 AC
...J
<(
u I
U1
IN I
J
/
/
r
I
I
I
I
l
"
.
EXHIBIT 'B' SHEET 4 OF 6 SHEETS
BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B
EA 04-03
30,79'
peL 3 , r--... PJ\JJ 14310
0
,,' 8'2,0' 0
7' :;:;~06 "- ~
II
~N7' . ~ ,
~
'0' W
,,'" ...J
<(
/<1 ~ U
,<if 0>. (J)
J'S'
,<f "'",- H
"'", If,-
(J 0'0 '"
~ . (5).SJ'
SS1'23'27"E(R) "'6" P O,B,
"-------
R=8S,OO' PCL B
/',/ ~=89'59'37" \
L= 133;S1' "-
I \
N38~36'S6"E(R) I
r - - - - - - (EXCEPTION B2)
<7 3.30 AC
I
I
\ ,
) ~
~. '/
/ \ "J"b ~,
/' /' \ % (v<V "-
___ \ ''1. ~Q? ~ "-
- "JI>< 0
\ %~<v ~ EXIST PRIVATE ROAD
\ N"?- "J' ESM'T PER
~ ~<<:-" <:>' F/N 81-070400
-l. ~ ~ REC 3/9/81
~"?- i<'1.
:-i":J
0-<- ;/
o'?'
c;
~<:> /'--.c.L.
0
-/(EXCEPTION B1)
LINE DATA.
/ ------------------
L1 NS1"23'04"W 63,06'
DETAIL 'A' L2 N43"32'33"E 29.84'
SCALE: 1"=100' L3 N9' 43' 11 "[ 26,S4'
L4 N33'06'10"W 4366'
LS N24'S6'00"E 1 OS.OS'
L6 N21'46'10"W 31.80'
L7 N59'43'29"W 32,67'
L8 N87'S2'42"W 22.73'
L9 N77'43'02"E 97.03'
L 10 N23"20'S2"E 13,27'
, SHEET 5 OF 6 SHEETS
~
<Jl
,..,-
- '"
~,..,
o.
~ "lD
o~
zOC>
a
lD
II
,
~ /
w. I
....J {
<{
u I - (EXCEPTION B3)
(f)
I PROPOSED TRAIL
EASEMENT, 0.08 AC
~ I I
1 "-
i::' ! :I~ ~RIVATE ROAD
^" 0/ ESM'T PER
POB :J' <f! F /N 81 -070400
'" I;:. REC. 3/9/81
V ~ ' ;;
DETAIL '0'---( "- ,.... ~ ~
o ....' I;:. ~ '}/
'" 0'::"''''
\.1 /J", '6~ "
~~''''1" '
1 ,.., iI' t~~ '~
a ,,0 S
~ ~ f/ " OJfv
;;. <0
'" / '<t
lD :;: Qa;
'<t ,
"
,..,
i-0
/ ,.., 0'
/ b /
z
m/ \ic.L. DETAIL 'E'
a NTS
a.. /
LINE DATA.
------------------
" / L 1 NSO'49'30"W 28.44'
'm L2 N37"3S'32"E 3042'
"
N [,3 N22'49'42"E 82.74'
N I L4 N29'39'09"E 91.96'
\ \ /
I / LS N47"33'46"E 1S.66'
I I
I
DETAIL'D' I S62'58' 4S"E(R) DETAIL '8'
\1 ~-f,----
NTS ___ R= 1 000,00' SCALE, 1"=60' -M.. ~
- ./ t,=1'S8'41"
POC / -- -I- L=34,S2' 6 -/'l-r14
"- "- S64'S7'2~E(R2
, . . EXHIBIT 'B' SHEET 6 OF 6 SHEETS
BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B
EA 04-03
\ CURVE DATA.
--------------------
POT \ R DELTA L
/ S3'36'07"E(R) , C1 330.00' S9'22'38" 341.99'
-j---- C2 200.00' 33'19'00" 116.30'
--
\ \ EXIST PRIVATE ROAD C3 200,00' 26'03'38" 90.97'
C4 230,00' 33'19'00" 133.74'
S3'36'07"E(R) ESM'T PER CS 230,00' 26'03'38" 104.61'
- - i F /N 81-070400 C6 3S.00' 306'1S'S1" 187.09'
\ REC 3/9-81
(l -
'-" ..- ..-
..- ..- ..~\.~l.. LINE DATA.
.",,:> /' --------------
,~"',/,/ L 1 N62'S8' 4S''W 30.00'
S'1-'" L2 N27'01'1S"E 9 46'
,/
'/'/0 L3' N86'23'S3"E 26.09'
':J ~EXCEPTlON 84) L4 N62'S8' 4S"W 16.49'
,/ ~c) ..-"- LS N62"S8' 4S"W 26.S3'
. ..- '1< 0 L6 N27'01'1S"E 30.00'
C- ..- ~ 00.<0 \ L7 N27'01'1S"E 73.S6'
~, ~ 'b;~ (~
'\ ",)7"" 0\"9.:
b ~'~ 1",.,. 9s- \ SCALE. 1"=SO'
'0 . ll). u' .z.
(9 I"~O l)
. V ~ ~ ''b.)7,t.. \ . ",~;:t;j;..
\ ~ ~ .~"',/
o. S'1-"'<,
(>,.,. " ../' X L <;:1
'" / . f;J1
/ .
/ "" <;:1 ~ I
~I rol
~~I
.q- cD1
(01 (f)
1'::1 I~
. '~I )
POB / ~
\ ) , 80 a" ~
~ / ~ "":Js' 's"
, / "'}; , It(':--z.::::: (' ~
~8 -" ~/t\I(' ',-- ~
DETAIL 'C'
SCALE, 1 "=50'