Conservation Easement Deed 2004-0341083
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, . , 2004-0541083
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APR 20. 2004 9:30 AM
RECORDING ~EQUESTED BY:
CITY OFPOWAY OFFICIAl REmRDS
12,722 SAN DIEGO COUNTV R[OORJlfR'S OFFICE
WHEN..RECORDED MAIL TO: GREGORY J. SIIITH, moov RECORDER
CITY CLERK FEES: 0.00
CITY OF POWAY OC: NA
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rP'j: APN 275-240-36 CONSERVATION EASEMENT DEED .
~ { THISCONSERVAT/ON EASEMENT DEED is made this l'Tf day of /},o,UC ,2001. by Sean T
Tracy and Shelley Tracy, ("Grantors"), 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 Caiifornla, 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 high quality coastal sage scrub and one sensitive plant species;
the San Diego Sagewort. Coastal sage'scrub is the habitat of the California Gnatcatcher, which is listed
as a threatened species on the Federal Endangered Species list.
0 The City of Poway Is authorized to hold conservatibn 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 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, wildlife, native plahts 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
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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 0,04 acres of land that contains high
quality costal sage scrub and 0.04 acres of mixed chaparral/coastal sage scrub located within the City of
Poway's Subarea Habltat'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 Grantor's removal of 0.04 acres of coastal sage
scruband'0:04 acres of mixed chaparral/coastal sage scrub as identified in City of Poway Resolution No.
P-01-13.
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I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein
and to preserve and to protect in perpetuity the conservation values of the property in 'accordance with
the terms of this Conservation Easement for the benefit of this generation and the generations to come.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restriCtions containe9 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 Property will be
preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially
impair or interfere with the conservation values of the Property Grantor intends that this Conservation
Easement 'will confine the use of the Property to such activities, including without limitation, those
Involving the preservation and enhancement of native species and their habitat in a manner consistent
with the habitat conservation purposes of this Conservation Easement.
2, Riqhts of Grantee. To accomplish the purposes. of this Conservation Easement, Grantor
hereby grants and conveys the following rights to Grantee and the State of California Department of Fish
and Game.as a third party beneficiary of this easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property in
accordance with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's
obligation to manage the property'consistent with Grantor's duties as set forth in Section 4, and for
scientific research and interpretive purposes by Grantee or its designees; and CDFG and its'designees,
(c) To prevent a~y 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
(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 purposes of this Conservation Easement and not specifically reserved as aright of Grantor
is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's
agents, and third parties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plan/NCCP
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible fire protection activities and any and all other uses which may adversely affect the
purposes ofthis Conservation Easement;
(b) Use of off-road vehicles; except vehicles used for property maintenance required
by the City of Poway
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, sign;
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(e) Excavating, dredging or removing of loam, gravel, soil, rock; sand or other
materl~l;
(I) Otherwise altering 'the generaltopographycof the Property; including building bf
'roads;or changing the grade of the Property;
(g) Removing, d(lstroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for (1) firebreaks, (2) maintenance of existing foot h'ails 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. Grantbr shall undertake all reasonable actions to prevent the unlawful
entry and trespass by persons 'whos'eactivitiesmay degrade or harm the conservation values of the
Property In addition, Grantor shall undertake all necessa~y aCtiohsto protect Grantee's rights under
Section 2 of this Conservation Easement. Grahtor further cbve'nants tnat maintenance bf the Property, to
wit: clean up of all trash and deorls,.shall be the Grantor's responsibility
5. Reserved Riahts, 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 orto permit or invite others to engage in all uses of the.Property that are conslstent'with the
purposes of this Conservation Easement.
6. Grantee's. Remedies. If Grantee determines. that Grantor is in violation of the term's of
this Conservation"Easemimt,orthal'.aviblation is threatened, Grahtee shall give written notice to Graritor
of such violation and demand, in writin-g corrective action sufficient to.c-ure, the violation. Graritee\shall
also notify the California Department of:F,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 curewithln the thirty (30).day period
, .... . <' ., ., ,-
or fails to continue giligently to complete the cure, Grante!" may bring ,!n 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 Granieemay be',entiiied for violation by Grantoroi the terms of this Conservation
Easement, to ,e.rjoin the Violation;, eJ5 part!" as necessary, by tempo]:ary or permanent'injunction"without
the necessity of proving ei!h.er'ac\ual (jamages or the inadequacy,'ofotherwis~ available legal remedies,
odor other equitable relief,lncluding, but not limited to, the restoration,'of,the Property to the condition in
which it existed prior to'anysuch'"violaHon or injury Without lim~'ing Grantor's liability therefore; Grantee
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may apply'any damages recovered.)o the cost.of undertaking any corrective' action on.the Property
If-Grantee, in I!s sole disc:;retion, determines that circum,stances require immediate action
to prevent or mitigate significant dam_age.to the conservation. values .of-the Property, Grantee.may pursue
its remecj,les under this;paragraRb without prior notice.to G'rantor or without waiting for the'perlod'provlded
for cure to expire. Grantee's rights under this pari"graph.apply equally to actual or threatened violations
ofthe"terms of this Conservation Easement. Grantor and Grantee,agree:that Grantee's-remedies for any
violation ot-'the terms of this;Conservation Easement is the injunctive'relief described: in this section, both
prohibitive .and mandatocy, in addition to such other relief to which Grantee may be entitled, including
specific performance of the terhns'of'this CbhserVation Easeme"iit, withoutthe necessity of proving either
actual damages or'the ,inadequacy'of'otherwise available legal remedies. Grantee's remedies described
in this'sectioh"snall 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 seg"
inclusive.
If-arahy time in the future Grantor.or any subsequehHiansferee uses or threatens to use
such lahds for purposes inconsisterit with this Conservation Easement, notwithstanding Civil Code
SeCtio'n 8157, the California Attoiney General or third-party entitles organized for conservation:purposes
have standing as iriterested parties in any proceeding affecting,this Conservation Easement as against
Grantor
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The Galifbrnia Department ofFish and.Game,(CDFG) asa third party beneficiary of this
easement shall have the'same rights as Grantee under thls'section to enforce the terms of the easement.
, 6:,1 Costs of Enforcement. Any costs incurred by Grantee or CDFG In enforcingtbe
j'~rrns oftBis Conservation Easement against Grantor, including, but not limited to, costs of suit and
attOrneys' fees, ,and any costs of restoration necessitatea by Grantor's violation or negligence under the
ierms,ot'ihis Conservation Easement shall be borne by Grantor
62. GranteE% 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 subsequerit'breach of the same or any other
term of this Conservation Easementor:of any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grahtee oi.C.DFG in the exercise of 8rlY right or remedy upon any breach by
Grantor shall impair such right or, remedy or be construed asa waiver
6'.3. Acts. BevondGrantor's Control. Nothing contained in this Conservatl9n
Easement by Grantee shall beatthe discretion of Grantee and CDFG to bring any action against Grantor
for any injury ,to change in the Property resulting from causes beyonQ Grantor's control; including, fire,
flood, storm"and earth movement, or any prudent action tak~n ,by G~antor under emergency conditions to
prevent, abate, or mitigate significant inju~y to the Property resultlng'from such causes.
64 Department ofFish and Game Riqht of Enforcement. All rights and ,remedi!ls
conveyed to Granteeunder'thls Conservation Easement Deed shall'extendto and are enforceable by the
Department ofFish' and Game or USFWS.
7- Propertv 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 Conserva.tion Easemenldoes,n9t 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 ,p.urposes. shall be reserved to the Grantee and CDFG or to the
respective designees of Grantee andCDFG.
9 Costs and Liabiliiies.' Grantor retains all responsibilities and shall bear all costsahd
liabilities of a.ny kind includlng.transfer'costs, costs ottilie and documentation review, and costs related to
the ownershlp,.operatlon, upkeep, a!,d maintenance of the Property
91 Taxes. Grantor shall pay. before delinquency'all taxes, assessments, fees, and
charges of wbatever description le,viedon. or assessed against :thii Property by competent authority
(collectively "taxes"), including anytaxeLimposed upon, or incurred. as a result of, this Conservation
Easement., and shall furnish Grantee and CDFG'withsatisfactory evidence of payment upon request.
9.2. Hold Harmless. Grantor shall h9.ld harmle~s, indemnity, and defend Grantee and
CDFG and its members, directors,officers, employe,es, agents, contractors, and their heirs, and
representatives, successors ana assigns (collectively "Indemnified Parties") from and against all liabilities;
penalties,;costs, losses, damages, expen'ses, causes, of action, 'claims, demands, or judgments; including
without limitation', reasonable attorneys' fees, arising from or in any'way connected with: (1) injury to or
the death of any person, or physical damages to any property resulting from any ad, omission, condition,
or other matter related to or .occurring on or about the Prgpeity, regardless of cause; (2) the obligations
specified' in SectiorisA, 9, and.9 1,and (3) the existence or'administration of this Conservation Easement.
9,3, Condemnation. The purposes ofthe Conservation Easement are presumed to
be the best. arid. most necessary public use as defined ,~t. C()de qf Civil Procedure Section 1240.680
notwithstandirig'Code of Civil Procedure Sections 1240,690and'1240.700.
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10. Assiqnmenl. This Conservation Easement may not be transferred, assigned, or
extinguished with'out the prior written aRProval of'CDFG. Grantee may assign its rights and obligations
under'this Conservation Ea~ement only to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to
record the assignment in the county where the Property is located.
11 Subsequent: Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee or the CDFG,of the intent to transfer any interest at least forty-five (45) days
prior to the date of such transfer Grantee shall have the right to prevent.subsequent transfers in which
prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions
and restrictions of this 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 communicajions from
one party to another shall be personally delivered or sent by facsimile to the persons set forth below;or
shall be.aeemed given five (5) days after deposit in the United States mEjIl, 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' Sean T Tracy and Shelly Tracy
12009 Wooded Vista Lane
San Diego. CA 92128
To Grantee: City of Poway
POBox 789
Poway CA 92074
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties, within
seventy-two (72) hours after transmission of a facsimile, documents that bear the original signatures.
13. Amendment. This Conservation Easement may be amended by Grantor and Grantee
only by mutual written agreement approved in writing by CDFG. Any such amendment 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.
15. General Provisions.
(a) Controlllnq Law The Interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California.
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(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Easement and the policy and purpose of Civil Code Section 815, et seg. If
any provision in this Instrument is found to be ambiguous, an interpretation consistent with the purposes
of this' Cohservation 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 a court of competent jurisdiction voids or invalidates the appiication 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 circumstan'ces.
(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, conditions,. and restrictions of this
Conservation Easement Deed shall be. binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall
also benefit'CDFG.
(g) Termination of Riqhts and Obliqations. A party's rights and obligations under this
Conservation Easement shall terminate. only upon transfer of the party's interest in the Conservation
Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(i) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be
deemed an original instrument as against any party who has sig~ed it. In the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling.
G) 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.
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12'728
INWITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and'yearfirst above written.
GRANTOR: Sean T Tracy and Shelly Tracy
Property owners of' 12920 Glen Circle Road
poway, CA 92064 ;/4)y
Shelly "y .
CERTIFICATE OF ACCEPTANCE
This Is to Certify that the.interest in real pro erty conveyect;by t e Conservation Easement by
SeanT Tracy and Shelley Tracy; Grant()r,dated to the City of Poway,
Grantee, and to the California D~partmentbf Fishah Game, as a third,party beneficiary, a governmental
agency (under Government Code Section 27281), is hereby accepted by the undersigned offices on
behalfof.the City of Po way, pursuant.to authority conferred by Resolution No. 34 of the City of Poway on
January 20, 1981
GRANTEE. City of Poway
B~4J/J.I..tO .~~ . C' (!Ji cf.-
11eMi e' . ()12.I2e1) lEftcl'lf . / kt e
Title: Lori Anne Peoples.,Citv Clerk
Authorized Representative
Date:~ 8,cXb-/
Approved as to Form:
ANNS. MALCOLM, Deputy General Counsel
CA DEPARTMENT OF FISH AND,GAME
By' ;PI/
Approved as to Form:
Office of the City.Attorney
-"'"'~
By'u.
St8~AeA M. Celtis, City Attorney
M :\plannillg\peggy\mdra20QO\mdruO{)~ 120tracy\bio conservation easement.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of california, j }
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County of -9# ) (a u
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I On Ii,c~/L 7 7. DOl before me, A-i'(t LI 5,) !I//v;t/ ;t!;7;1>ey :4;.! ( ( C
personally appeare:" X1;V T '-{ JIfnZ;""m;;y~"""NO.^P",,<1 I
NamB(s)ofSlgner(s)
I ~erSOnallY known to rne I
I , roved to me on the basis of satisfactory I
\, evi enca
~-------~----J I
~~ PHYlUS SHINN 10 be the person(s) whose name(s) )Ware I
~' ' Commission # 1450304 subscribed to the within Instrument and
I' ~ ,-..~' Notary Public - California ~ acknowledged to me that ~sJ.e/they executed
~. San Diego COll/l!Y t the same in lrisJh)l(itheir authorized
1 MyComm, ExpIres Nov 9, 2007 capacity(ies), and that by ~~/lJer/their I
[. - -- -- - - - - - - - -- -- signature(s) on the instrument the person(s), or
I the entity upon behalf of which the person(s)
I acted, executed the instrument.
[, hand_andofficial~~ I
I
1 OPTIONAL
I 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 (orm to another document. I
Description of Attached Document I
Title or Type of Document
Document Date, Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
I
r. 0 Individual Top of thumb heft> )
1 0 Corporate Officer - Title(s),
1 0 Partner - 0 Limited 0 General .1
I 0 Attorney,in,Fact I
o T ruslee
I' D Guardian or Conservator
I, 0 Other:
Signer Is Representing:
" ~
C 1999 National Notary Association . 9350 De SolO Ave., P.O. 8m 2402' Chatsworth. CA91313-2402' www.nationalllOlary.org Prod No. 5907 Reorder: Call Ton-Free 1-800-876-6827
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November 6, 2002
J.N 296 00
EXHIBIT 'A'
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LEGAL DESCRIPTION
OPEN SPACE CONSERV ATlON'EASEMENT
BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO ,5948, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SANDIEGO, IN THE CITY OF
POWAY, COUNTY OF'SAN DIEGO, STATE OF CAliFORNIA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWESTERL Y CORNER OFSAID PARCEL 3, ALSO
CALLED THE POINTOF BEGINNING' THENCE ALONG THE WESTERLY LINE
THEREOF
I NORTH 38044'55" EAST 286,82 FEET, THENCE LEAVING SAID LINE
.--- ------. ,- - --- - .,---- -
2. SOUTH 30016'37" EAST 25.82 FEET THENCE
3 SOUTH 39038'58" EAST 26 91 FEET, THENCE
4 SOUTH 74003'48" EAST 60.27 FEET, THENCE
5 SOUTH 78015'30" EAST 26.08 FEET, THENCE
6 SOUTH 89032'08" EAST 25 97 FEET THENCE
7 NORTH 82011 '33" EAST 5991 FEET. THENCE
8. NORTH 65051' 13" EAST 27 62 FEET, THENCE
9 NORTH 55035'48" EAST 23.30 FEET THENCE
10. NORTH 41044'[4" EAST25.20 FEET, THENCE
11 NORTH 24010'16" EAST 25.90 FEET THENCE
12. NORTH 17"47' 17" EAST 3309 FEET THENCE
Page lof3
. . 12'13,1
------
F3 NORTHOT'33'21"EAST 3793 fEET, THENCE
.. .
14 NORTH 08042'02" WEST '24,61 FEET, THENCE
15 NQRTH'.28009' 16" WE_S)' 22. 76 FEET, THENCE
i6 NORTH 42027'23" WEST 20.52 FEET, THENCE
17 NORTH 56008'18" WEST 4901 I FEET, THENCE
i8, NORTH 63013'18" WEST 3378 FEET, THENCE
19 NORTH 74019'47" WEST 13 91 FEET, THENCE
20 NORTH 05053' 10" EAST 11.53 FEET, THENCE
21 NORTH 22033'03" EAST 16 II FEET, THENCE
22. NORTH42050'59" EAST 15 79 FEET, THENCE
23 NORTH 59030'56" EAST 13.88 FEET, THENCE
--' - -- - 24 NORTH85~l.:.24" EAST 22'-54 FE~T, TH~NCE~______ -. - ---------.- ,---
25 SOUTH 83045'10" EAST 3417 FEET, THENCE
26 SOUTH 79020'56"EAST 69.85 FEET, THENCE
27 SOUTH 79030'53" EASt 66.39 FEET, THENCE
28 SOUTH 04025'43" WEST 1091 FEET, THENCE
29 SOUTH iWOO'05" EAST ]612 FEET; THENCE
30. NORTH 08028'59" EAST 10.34 FEET, THENCE
3] SOUTH 81055'38"EAST 1049 FEET, THENCE
32. SOUTH 85~33' 16" EAST 25.35 FEET THENCE
33 SOUTH90000'00'' EAST 31 10 FEET, THENCE
Page 2 of3
. . 12'732
34 NORTH 81038'05" EAST 39 ] 5 FEET TOTHE EAS:rERL Y LINE Of SAID
PA'RCEL 3;THENCE ALONG THE SAID
LINE'
35 SOUTH 35028'30" WESt 12045 FEET, THENCE LEA VING THE SAID LINE
36 NORTH 54031'30" wEst 59] 0 FEET, THENCE
37 SOUTH 35028'30" WESr'59 J 0 FEET, THENCE
38. SOUTH 5403 J '30" EASt 59 10 FEET TO THE EA'STERL Y LINE OF SAID
PARCEL3, T~IENCE ALONG THE SAID
LINE
39 SOUTH 35028'30" WEST 355 40 FEET TO THE SOUTHEAST CORNER OF
SAID PARCEL 3: THENCE ALONG THE
SOUTHERLY BOUNDARY THEREOF
40 NORTH 88036'46" WEST 38502 FEETTO THE POINT OF BEGINNING.
CONTAINS 111;800 SQUARE FEET, MORE OR LESS
------ --- ---- - ~ -~----- ------
THIS LEGAL DESCRIPTION HAS BE'EN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS ACT
P.L.S, 7443 # ~1 )~
DATE
Page3of3
" .
. 12783
-------- ---- ---------- ---- ----------- ---- ----------------------
Lot name,: OPEN S PI\CE
North -5539 0798 Fast 172 4277'
Line Course N 38-44-55 ,E' Le~gth 286 82
North -5315 3890' East 351 9497
Line Course': S 30-16-37 E Length 25 82
North.; -5337 687.1 East 364 967.6
Line Course S 39-38-58 E Length ,,6 91
North -5358,.4068 East 382 1386
Line Course.; S 74-03-48 E Length 60 27
NOeth - 53 74 9554 EdSt 44.0 0921
Line Course S 78-15-30 :0: Length 26 08
N6rth.; -5380 2627 East "65 6264
Line Couise S 89-32-08 E Length 25 97
North -5380 4732 East 491 .5956
Line Course N. 82-11-33 E Length 59 91
North -5372 3347 East 550 9502
Line Course N 65 - 51 13 ,E Length. 27 62
North -5361 0362 East 576 1535
Line Cburse N 55-35-48 E Leng.t h. 23 3U
"North -5347 87.13 East 595 3779
Line Course N 41-44-1.4 E Leng tho 25 20
North -5329 0669 East 612 1540
Line Course N 24-10-16 E Length 25 90
Noi,th -5305 4377 East 622. 7590
Line Course N 17-47-17 E Length 33 09
.---..--.. --- - Norfh":---=-52 7 3-92 % -- East""E,"Tnl679 -- --.-- -----
Line Course N 07-33-21 E Length.: 37 93
North -5236 3289 East 637 8554
Line Course N 08-42-02 W Length 24 61
North -5212 0022. East 634 1327
L-lne Course N 28-09-16 W Length 22 76
North -51g1 9351 E~.st 623 3934
Line Course N 42-27-23 W Length 20 52
North -5176 7957 East 609 5418
Line Course. N 56-08-18 .W Length 49 11
North -5149 4321 East 568 7616
Line Course N '63-13-18 W Leng,lh 33 78
North -5134 2128 East 538 6043
Line Course N 74-19-47 W Length' 13 91
North -'J130 4557 East 525 2113
Line Course N 05-53-10 E LRngt.h 11 53
North -5118 9865 East 526 3937
Line 'Course N 22-33~03 E Length lEi 11
North -5104 1083 East 532 5719
Line Course N 42-"0-59 E Len'9th 15..79
North -5092 5320 East 543 3103
Line Course N 59-30-56E 'Length 13 88
North 50854g06 Eas: 555 2717
Line Course N 85-21-24 E Length 22 54
North. -5083 6660 East 577 7377
Line Course S 83-45-10 E Length 34 17
North -5087 38'43 E:ast 611 7048
. . .
. 12734
Line Course S 79~20~56 E Length 69 85 .----
North ~5100 2945 East 680 3513
Line Course S 79~30~53 E Length 66 39
North ~5112 3764 East 745 6327
Line Course S 04~25~43W Length 10 91
Nor,th ~5123 2538 East 74-4 7903
Line Course S 83~00-05 E Len<]th 16 12
North ~5-l25- '~17'9. Edst 760' 7902
Line Course N 08-28-59 E Length 10 34 I
North -5114 9911 East: 7 G2 3155
Line Course: S 81-55-38 E Lenqth 10 49
North, -5116 4642 East 772 7015
Line Course S 85-33-16 E 'Length 25 35
North -5118 4291 East 797 9753
Line Course S 90-00-00 ~ Length 31 10
North -5118 4291 East 829 0753
Line Course N 81-38~05 E Length 39 15
North -5112 7334 East 867 8087
Line Course,; S 35-28-30 \; Length 120 45
North -52108242 East 797 9059
Line Course N 54-31-30 W Length 59 10
North -5176 5256 East 749 7767
Line Course S 35-28-30 W Lenqth 59 10
North -5224 6548 East 715 4781
Line Course S 54-31-30 E Length 59 lU
North -5258.9534 East 763 6073
Line Course S 35-28-30 VI Length 355 40
North -5548 3800 East 557 3518
Line Course N 88-36-46 ,j Length 385 02
North -5539 0590 East 172 4446
-------- ----- -- -------- ~-
Perimeter 2281 39 Area 1-11,799 65 sq ft 2 ,567 a,cres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error, Closure o n268 Course N 39-04 -31 E
Error North o 02078 East o 01687
Precision 1 85,226 59
I
-......,~
, ' i CITY OF P.OW,Y
!
. ~ .. '~XHrBIT '8' .
,
BIOLOGICAL CONSERVATION EASEMENT DEDICA T10Nl2735
lEGAL DESCRIPTION: PARCEL 3 OF PABCR M,4,P /10.5948 IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED IN MAY 19; 1977 EXiSTING 60' PR/VA TE ROAD
ESMT. PER DEEO,OOG. 77~OD5479
PARCEL 58 DATED 1-6-77 BK 1977 OF'OR.
R of S, 3842 -- ------
-- ---:;; 198,00' ROAD.
_ GLgIN N607I'OO'W61.00' CIRCLE N68'4f _ _ .
N29'49'OO'[, ----
_30.00'
0-'8'3000 - ,
R=499.'SI I'i5
1;3 L=1,4.IO' -,
~ PARCfL 'A'~Oo~~
;1 59,1([
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\'< _Vi) ~ .
.,., -.Jf/<,,:.~P'O.B
~ Ci'? PARCEL A
--....:~...
L2' 'Sl
, '"
1\
~
, PAF:cfL 3 -..
PAF/GEL MAP 3'
LINE TABLE , Na 5948 , ...... Ct;
LINE BEAR/NG LENGTH Qj I ~~
~r -, ~
L1 N35'28'30'E 59.10' Q,
" & 7 · ;
L2 N54'31'30' . 59.10' \\1 c)' "" 0)
0,; ..., 'D
c' -.. c)
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C'(-'1;' 0,;
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Q. '""-I ......, '"
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c, Ol:
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LEGEND: ,
- - - - PROPERTY LINE
L.:~,,,,,, ',' - Nlf' W" "",C<TfI! I "
"
AREA=3,493 SF (0,080 AC) ~ PArICe"1 "6
"~':J~ rC_D
, " . 'l\ ~~~ W. 1/2~SEc 36
A'J6!,6&?~ 113" "?W "8M
, ~ ::;, rJ,~ 0" J
" ,\~':J.ifJ
p,o.e"t ~
THIS PLAT WAS PREPARED WITH MY KNOWLEDGE AND CONSENT
,OWNER/APPLICANT. SEAN TRACY . - - -
. . -
ADDRESS." 11.726'FANTASIA ,CRT; SAN DIEGO. 92131
PHONE NO. (858) 677-9880
~c--_, . //!o1!oZ,
MIGUEL MARTINEZ ' DA TE
MAP PREPARED BY' PARTNERS. Planninq &'Enqineerinq
ADDRESS: 9988 HI8ERT STREE:T; STE, 212 SO CA 92131
PHONE NO,(858)695-3344 L.S. NO, 7443
SHEET 1 OF 1 SHEET
29f,ESMT3:dwq 10 24 02 ,~. 2\: 20 p'n EST