Conservation Easement Deed 2004-0341082
,-:' -.~. · DOC t 2004-0341082
RECORQI~@'BcEQlJE,STED BY: APR 20. 2004 C): 30 AM
CITYOFPOWAY
'" ," '. _ OFFICIAl RECORDS
WHEN RECORDED MAIL TO: SANDIEGOCOUNTV RECORDER'S OFFICE
CITYCLERK , 1271,1 GREGORV .1. SMITH,COUNTV RECORDER
CITY OF POWAY 'FEES: 0,00
o P 0 BOX 789 OC: NA
'\tp/ POWAY CA 92074-0789 , , . ' . . I"
~ r , Space Above L: 1111111111111111111111 "'1111111 11111 11111 ""' 11111 111111111111111111 I
\ e;;j p( APN 277-220-13 CONSERVATION EAsEMENTDEED1L -. ,,_2094:9~41082 '1
(0(;'
iJ THIS CONSERVATION EASEMENT DEED is made this {o-tl day of ApP-ll 2004, by Jonathan L.
Weisz, ("Grantor"), In favor of City. of Poway ("Grantee"), acting by and through its Development Services
Department, with reference to the following facts.
RECITALS
A. G~antor is the 'sole owner in fee simple of certain real property in the City of Poway,
County of San Diego, State <;>f Calif<;>rnia, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and incorporated by this reference (the "Property").
B. The Property poss(Jsses wildlife and habitat values (coUectively, "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. Coastal Sage Scrub is the
habitat of the California Gnatcatcher: wl1'ich is listed as a threatened\species on the Feder?) ,Endangered
Species list. Two pair of Callf<;>rnia Gnatcatchers were observed on site. Conservation of this property
therefore will preserve habitat of a protected species.
o The City of POW?y is authorized to hold conservation easements for the preservation of
land in its natural, scenic, agricultural, .historical, forested, or open space condition. The City of Poway
has authority to hold easements for these purposes pursuant to Caliiornia 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 offish, wildlife, native plants and the habitat necessary for biologicaUy sustainable
populations of those species.
F. T~e United ,States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation" protection, restoration, enhancement and manag".r:nent of fish, wildlife. and native plants
and the habitats' on which they depend under the Endangered Species Act, 16 U.S.C section 1531 et
seg, (ESA),'.tne Fish and Wildlife Coordination Act, 16 U.S,C. section 661-666c and other applicable laws.
G. The Biological Resources Analysis'prepared.:by'P&D Environmental dated January 2000
for subdivision TTM,98'02: ':8eritage II Estates Biological Technical Report", identified impacts to Coastal
Sage Scrub (CSS)'habitat. Mitigation of impacted habitat was resolved as part of the Final Environmental
Impact Report, Sch. No. 98091083, through the preservation of-'open space easements on each parcel
throughoutthe;subdivi~ion. 'Open space areas were identified. on ,the map no. 14388, filed in the office of
the County Recorcl13! of'SanDiego'County, California on May 8, 2002,file number 2002-0391382. on Lot
13 for'impacts to 'C,SS" R,ecordation of Biological Conservation Easements wiU ensure preservation of
areas set aside for coastal s'Jge scrub habitat.
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
I 1)1-1035
07 w 40
, . Con'ser:vationEasement .d .
Page 2 12712
contained herein in exchange for Grantee permitting Grantor's construction of asingle4amily residence
within Heritage II Estates.
I. Grantee agrees by accepting this grant to' honor the Intentions of Grantor stated herein
and to preserve and to protecl.in perpetuity the conservation'values of the property in accordance with
the'terms of'this:Conservation Easemerinbr the behefit of'thisgeneration 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 .pursLJahtto California law, including Civil Code Section 815, et seg.,
Grantor hereby voluntarily deeds ana 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 bf 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
invoiving the preservation and enha~cement 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 ofthis Conservation Easement, Grantor.
herE'lbygrantsand conveys the following rights to Grantee and the,State of.Califomia Department of Fish
and Game asa third party beneficiaryofthis easement by this Conservation Easement-Deed:
(a) To, preserve and protect in perpetuity the conservation values ofthe Property in
accordance with this easement;
(b) To enter 'upon. the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's
obligation 'to manage the property consistent with Grantor's duties as set forth in section 4, and for
scientific research and interpretive purposes by Grantee or its designees; and CDFG and.its designees.
(c) To prevent any activity on or use of the Property thaJ is inconsistent with the
purposes of this Conservation Easement and to require the restoration of such areas or features of"the
Property that may bedamageci by,anyact, failure to act, or any use that is Inconsistent with the purposes
of this 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 reiief, the terms and conditions of the
Easement
3. Prohibited Uses, Any activity on or use of the Property inconsistent with the habitat
conservaiion purposes of this Conservation Easement and not specifically reserved as aright of Grantor
Is prohibited. Without limiting the generality of the' foregoirig, ttie 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 herbiciOes, rodenticides, or weed abatement
activities" incompatible fire protection activities and any and all other uses which may adversely affect the
purposesof'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;
2
Co~servation .Easemenfad . 12713
Page 3
(d) Erection of any buildi~g, billboard, sign;
(e) Excavating, dredging or removing of loam" gravel, soil, rock,sand, or other
material;
(f) 0therwise altering the general topogr:'lPhy of the Property, including building of
roads.orchangingthe'grade of the Property;
(g) Removing, destroying, or cutting of tr.ees, 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 tresp'ass by persons 'whose activities may degrade or harm 'the conservation values of' the
Property In addition, Grantor shall undertake all necessary actions. ts> 'protect GranteEl's rights 'under
Section 20f this Conservation ,Easement. Grantor further covenants that maintenance ot'the Property, to
wit: clean up of all trash and debris, sha1l'be the Grantor's responsibility
5. Reserved Rlqhts. Grantor reserves to itself, and to its' personal representatives, heirs,
successors, and assigns, all rig~ts accruing from its ownership of the Property, including the right to
engage in or to permit or invite others to engage in all uses of the Property'that are consistent with the
purposes .of this Conservation Easemerit.
6. Grantee's Remedies, If Grantee determines that Grantords in violation of the terms.of
this Conseryation Easement or that a violation is threatened, Grantee shall give written notiteto'Grantor
of such viol.atlon and demand In writing corrective action sufficient to cure the violation. Grantee shall
also notify the California Department of Fish and Game. If Grantor Jails to cure the violation within thirty
(30) days aftElr rec(Jipt of said written notice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days to c,omplete and Grantor fails to begin theicLJre,within the thirty (30) day period
or falls to contihued,iligently tiJ~omplete the cure, Grantee may bring an action at law or in equity in a
court of competent jurisdiction to enforce the terms of this Conservation Easement, to .recover any
damage"s to which Grantee, may be entitled for violation by Grantor, of the terms of this' Conservation
. - _or, .
Easement, to enjoin the vis>lation, ex, parte as necessary, bX temporary or permanent injunction without
the necessity. of proving either actual damages or the inadequi3cy s>f otherwise available legal remedies,
or for other equitable relief, Including; but not limited to, the restoration oflhe. Property to the condition in
o. - '-.'- . .. ~
which it existed prior to any such vi?la.tion or injury Without limiting Grantor's liability therefore, Grantee
may apply any damages recovered to the cost of undertaking any. corrective action on the Property
[f-Grantee,-in its sole 'discretion, determines,th'at'circumstances require Immedlate':action
to prevent or mitigate significant damage to the conservation values.Qf.the'Property, Granteeimaypursue
its remedies under this ,paragraph without prior notice to Graritor,'6~ wittiout waiting for the period provided
for cureito expire. Grantee's rights under this paragraph applY equally'to actual or threatened violations
of the terms of this Conservation Easement. Grantor and Granteeiagreie that Grantee's'remedies for any
violation of the terms of this Conservation Easement is th'e 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 tills Cohservation Easement In each case, without the necessity of
proving either actual damages or the inadequacy of otherwise available iegai remedies. Grantee's
remedies described in 'this ,section shall be cumulative ahd 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 at any time in the fUture Grantor or any subsequent transferee uses or. threatens to use
such lands for purposes inconsisterit with this ConserVation Easement, notwithstanding Civil Code
Section 815.7, the California Attorney General orthird-party entities brganized for conservation purposes
3
,i\ Co~servationEasement ad .
12714
Page4
have standing as interested parties in any proceeding affecting this Conservation Easement as against
Grantor
The California Department of Fish and Game (CDFG) .asa third party ben",ficiary of this
easement shall have the same rights as Grantee under this'sectlon';lo enforce the terms of the easement.
6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of .this Conservation Easernent against Grantor, including, but not limited to, costs of suit and
attorheys' fees, and a'hy costs of restoration necessitated by Grantor's' violation or negligence under the
terms ofthis'Conservatioh Easementshall be borne by Grantor
6.2. Grantee's,Discretlon. Enforcement of the terms of this Conservation Easement
by Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG to exercise Its rights under this Conservation Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easerhenl: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 orremedy or be construed as a waiver
6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation
Easement by Grantee.shall be at the discretion of Grantee and CDFG to,bring any actibn against'Grantor
for any injury to change In the Property.resultlng from causes beyond' Grantor's control, including, fire,
flood, storm, and earth-movement, or any prudent action taken by Grantor under emergency cOliditions .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
cOlweyed.to Grantee l!nder this.C,onservation Easement Deed shall exlend'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 developme'1t area of the parcel and the Conservation easement Deed area to
protect in perpetuity the conservation yalues and function of the. Pr()perty The Grantor shall obtain
approval by tre Grantee:s DireCtor of Development Services regarding the specific location, type, and
height of the fence prior to its installation.
7 Propertv_Manaqemerit and Maintenance. Grantor and Its successors shall maintain the
Property in accordance with the terrns and conditions as set forth herein.
. .
8. Access. This Conservation Easement does not cpnvey a general right of access to the
public; however, after receiving approval from Grantor, not .to .be unreasonably withheld,access 'for
scientific research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the
respective designees of Grantee and CDFG
9 Costs and liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to
the ownership, operation, upkeep, and maintenance of the Property
9.1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or Incurred as a result of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request.
9.2. Hold,Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and
represenl<itives,..successors and assigns (collectively "Indemnified I?arties") from and against all liabilities,
penalties, costs, losses, damages, ex-penses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from br in any wf'Y connected with: (1) injury to or
the death of any person, or physical damages to any property resulting from any act, omission, condition,
4
Conservation Easement ad ,. 12715
Page 5
or othe'r matter related to or occurring on or about the Property, regardless of cause; (2) the obligations
specified ill Sections 4, 9, and 9 1, and (3) the existence or administration of this Conservation Easement.
9.3, Condemnation. The purposes of.the ConserVation Easement are presumed to
be the best and most .necessary public use as defined at Code of Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
10 Assionment. This Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. Grantee'may assign its rights and obligations
under this Conservation Easement only to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil. Code Section 815'3: Grantee shall require the assignee to
record the assignment in the countywhere 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 iimitation, 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 orl,r.ansferees are not given notice of the covenants, terms, conditions
and restrictions of this Conseryatlon 'Easement. The failure of Grantor or Grantee to perform any. act
provided in this' section shall not impair the validity of this Conservation Easement or limit its enforceability
in any way Grantor shall not grant additional easements or other Interests In the property without the
prior written authorization of Grantee and CDFG.
12. Notices. All notices, demands, requests, consents, approvals, or communications from
one party to another shall be personally delivered or sent by facsimile'to the persons,.set forth below or
shall be deemed given five (5) days after deposit in the United States mall, 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' Jonathan L. Weisz
13400 Sabre Springs Parkway
Suite 270
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 a~ ifthey bore. original signatures. Eachparty'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 purpo~,es 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.
5
C' ....E · . 12716
onservatlon. asement r:Wd .
Page 6
15. General Provisions.
.. (a) Controllinq Law The interpretati()n and performance of this Conservation
Easement shal(be governed by the laws ofthe State of'California.
(b) Liberal Construction. Any gene.!al rule. of construction to the contrary
notwithstanding, this Conservation Eas'ement shall beliberaUy 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 Conservation Easement that would render the provision vaild shall be favored over any
interpretation that would render it Invalid.
(c) Severabilltv If a court of competent jurisdiction voids or invalidates on its face
any provision of this ConserVation Easement Deed, such action shall not affect the remainder of this
Conservation Easement. Deed. If a court of competent jurisdiction voids or invalidates the application of
any provision of ,this Conservatibn Easement Deed to a person 'or circumstance, such action shall not
affect the application of the prbvision to other persons or circumstances.
(d) EntireiAqfeemenl. This instrument sets forth the entire agreement of the parties
with respect to the Cohservation ,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',lnstrument shall be valid or binding i'mle^ss 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 shallbecinding 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 ofRiqhtsand 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 li"bility 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 thea'ggregate, be-signed b"yGrantof: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'sha11'be controlling.
U) Modification, This Easement is not subject to modification or amendment except
in writing and 'signed by Grantor, Grantee and CDFG or their permitted successors or assigns.
(k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated
herein by reference.
(I) Appropriations. The duty of the City of Poway ahd CDFG to carry out their
respective obligations under this Easement shall be subjectto.the'availability of appropriate funds.
6
Coi1~eivatib.h Easement .d . 12'117
Page 7
(m) Effective Date. This Easement shall' be effective upon recording with the San
Diego COLJnJy:Recorder's' Office.
IN:wYrNEss THEREOF, Grantor and Grantee have entered Into this Conservation Easement the
day and year first above written.
GRANTOR:
By'
Approved as to Form:
Office6fthe City Attorney
Tam4Attorney. " _
'Y"i,,~~
M:lplanninglpeggy\mdra2003Imdra03,25 WeiszlMDRA03,25dfg Conservation Easement Deed.doc
7
.. -
· · 12718
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
':l:l
I State of California }
~ \ ss. I
County of /y J J; f7, 0
[
On 1!f?~IL & Z-jtJtj betoreme,-4!YiU5.J!;;A/,i,) j,0rA;6we.'!L/(
Date A. ' J } Name and Title of Officer (e.g., "Jane Doe. Notary Public')
: personally appeared " DIf/477/A# L, WF/,SZ
Name(s)orSigner(s)
I
D personally known to me
I '94>roved to me on the basis of satisfactory I
evidence
I
_ __ -.. .-. .- _ __ .- __ _ .- .- to be . the perso_n~, ~h?se. name(~, is/~
~ '" ~ PHYlLIS SHINN J subscnbed to the within Instrument and
I ~"~':.:;';"~" CommissIOn # ) 450304 aCknOWledg"ed .to me that he/S)>B/\\>Iliy executed ,I
, ;l~",' Nolary Public California ~ the same In hIS/l}etlt~, auth?rlZed
I i . ~ , Son Diego County f capacitY(~J, and that by hiS/~t~'Bit
. _ Mycom"-!.ExPliBsNov_9.2007 signatureN.:onthe instrument the.person~ or I
- - - - - - - - - _ __ _ the entity upon behalf of which the person~~
acted, executed the Inslrument.
, I
" I
.1
OPTIONAL I
l Though the information be/ow is not,required by law, -it may prove valuable to persons relying on the document and could prevent I
fraudutimt removal and reaHachment of this form to another document.
Description of Attached Document .1
Tille or Type of Document CO,.r/..:50<:'VAT7D/I/ L/I'':':t'-:/I!{;/17I,~t?:~ ,I
I, J (
.- -:' (.!
I Document Date: ,iP 0 Number 01 Pages: I
I
I Signer(s) Other Than Named Above, 'M ;1//A-,c1- __5;n') ; 171
,.
I Capacity(ies) Claimed by Signer
I ; , J
Signer's Name: "'-..!D,A/ATll1,A1" L w C':; z.
h Individual TO>J oj tllulllb here
tJ Corporate Officer- Tille(s), I
I' D Partner - D Limited D General 1
I D Attorney,in,Fact
[ D Trustee
I 0 Guardian or ConselVator
D Other'
I' I
Signer Is Representing,
1
"
(01999 National Notary AssociiltlOn' 9350 De SotoAve., P.O. 8m 2402' Chatsworth. CA91313.2402. www.nationalnotary.org Prod No 5907 Reorder: Call Toll Free 1 8008766827
. . 12719
EXHIBIT A
BIOLOGICAL CONSERVATION EASEMENT
THAT CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON
LO;r 13 OF CITY OF pOWAY TRACT NO. 98-02 HERITAGE RANCH
ESTATES, ACCORDING TO MAP NO. 14388, FIL,lim IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382
OF OFFICIAL RECORDS.
:
.'" . Exhibit B . 12720
"
Lot 13
Individual Lot Declaration
The Hentage Estates ,A,
, ,
/ ' <,>
, , ~.
, / , .
,
/
, ,
/ ,,'
,
, , ::7.
01"/
, , ,," "...;i'?
/ Recreational '/
, Trau Easement
, ,/'\
/ Open Space
, ' ~ Easement
,~( . ,
,
. /
T Landscape
Easement~' HCEA lot Dimension
Maiirtalned
6' Parkway - HCEA
MaintaIned
S ...::::...:.
Iii
~'D: ,100'Fuel Modification
:> '" 'ZoM'-Setback~
r;: Owner Maintained
tJ
~
Fire Hyd_ranl
Legend top '\
PropirtJ Un< ---- SIOp~ LJcat;ion
f!;n 5p"" --- t" N",b
aJtmenf Une Dra~'l1age Swab/Oliveri ~
-rtorm'Drain :--:.-:::=cJ .~ ~
SewerUne ,-
Waterline - w- BlliJd~ng Envelope 0 50 too
St1Per LOne Connection (5) CommonArta SNkmf"t
Water Line Conneaio,! 0i!J Maintenance S" Groding Plan. for pregraded topograp!!J
EaJtfflfflf HCEA
Utility Connediofl: (l!) Maintained
Tekphon~ GM) SlrettLght >>
Electric,' TV Cable! .
Lot Number --------. Fire Hydrant ~
B'fJ'" Dak
Lot Size --------. 13
'.53
Finished Pad A"" B'fJ'" Dak
Elevation "'741)
Thirplnhftlrp~iuiZ"-!:"I::,.,,~.Nf~""""th6llhirpln UiN....
::::::t.,n/km't&iU-hikpJu: UudJniou_IJb. .,,~ Lot 13
lhiitinit/_b'tk~~'Plt.zsin.islthl~'GttidJ.u.
=.wm6lKwttht___,IIIHtJu._~m-. fIIi"'~, D.
JoJ~;l~~..~itt!1-'llI9;"_-' 11/18/Cf2
, Cb~servatioh Easement titd . 12721
.,'
PageS
"
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Jonathan L. Weisz, dated~il /p,_'Jf)/X/ to the City of Poway, Grantee, and to the
California Department of Fish' nd Game, as a third party beneficiary, a governmental agency (under
Government Code Section 27281), is hereby accepted by the undersigned officer on behalf ofthe City of
Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20,1981
GRANTEE. City of Poway
B~)A(!lt~f~~ '
8iJel1l<i e. ,"'Me/I) '/J'/tidd€f(!fcrfL
Title: Lori Ahne eo les Cit Clerk
Authorized Representative
Date: 0 flJ) 1 f.. 9. clJ/Y) <I
8