Conservation Easement Deed 2004-1148112
'it
""::r, " RECORDED AT THe REQl.OF
, . " r DOC pe- 2004-1148112
11, CHICAGO TITLE cb
Recording requested by' 111111111111111111111\ 1111111111111111111\ IIIlI 11111 \\1lI 1111111111111
City of Poway
f~ Wi)e,nrecorded mail to: DEe 06, 2004 4 15 PM
Y.f City' Clerk OFFIClp,L RECORC""
1 t:J , City of Po way 17375 ',,~I'I [<IEGO COUIH', RECDR['ER"; OFFICE
&6'1-111 PostOffice Box 789 GF:Er1uF:'r ,I SMITH CDUtH'1 F:ECOF:[IEF:
FEES. 1-100
rI Poway, CA 92074-0789 OC I'l,I..\
tJ,& ' Fe..CiE'; 15
I~ff NoTransferTaxDue- APN 321-110-02 111111111111111111111111111111111111111111111111111111111111111111\1111111111111
1\1--]0- L{l~
~ Lf~ D 2004-1148112
Space Aoove for Recorder's Use Only
This Conservation Easemeot.is beinl. granted aDd recorded to replace, correct,aod amend the Conservation
Easement Deed recorded 00 March , 2000 as Document No. 2000-0117234 of Omcial ReCords;
CONSERV A nON EASEMENT DEED
InCluding Third-Party Beneficiary
This Conversation Easement Deed, including third party beneficiary, is made by Robert J, Boone and
StephanieJ. Boone, husband and wife, as community property ("Grantor") for the benefit of the City of Po way,
a municipal corporation ("Grantee'), the people of the Ciiy of Po way, County of San Diego, State of California
with reference to the following facts, teoos, covenants, conditions and restrictions:
RECITALS
A. Grantor is the sole ownedn fee simple interest ofthat certain real property ("Property") of
approximately fifty two (52) acres; more or less, within the City of Po way, County of San Diego, State of
California, which is shown on Exhibit "A" and more fully described in Exhibit "B", attached hereto,
incorporated herein and by this reference made a part of this Conservation Easement Deed;
B. The Property pos~sses wildlife and habitat va1lles, ("Conversation Values") of great
importance to Grantee, the people of the City of Po way, the CouniYofSan Diego and the State of California;
C. The Property provides high quality native plant habitat including Diegan Coastal Sage Scrub,
Coastal Sage-Chapparal Scrub, Ecotonal Granitic Chapparal, and Open Coast Live Oak Woodland;
D, Grantee is authorized to hold conservation easements pursuantto Civil Code Section 815,3,
Specifically, Grantee is a governmental entity identified in Civil Code,Section 8 15.3(b) and is authorized to
acquire and hold title to real property;.
E, The California Department ofFish and Game ("CDFG") has jurisdiction, pursuant to Fish and
GameCode.5ection 1802; over the conservation, protection, and management offish, wildlife, native plants
and the habitat necessary for biologically sustainable populations of those species, andCDFG is authorized to
.. .... '
hold conservation easements for these purposes'pursuant to Civil C()de Section 815.3, Fish and Game Code
Section 1348, and other provisions of California law;
F Grantee agrees, by accepting this Conservation Easement Deed, to honor the intentions of
Grantor stated herein to preserve and protect in perpetuity the Conservation Values of the Property in
accordance with the teoos, covenants, conditions and restrictions of the Conservation EaSement.
DFG.StdConsEasml[ Applicam}
1 Foim ROI2004
O\:-Qlt>~
. .
TERMS, COVENANTS, CONDiTIONS AND RESTRICTIONS 17376
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
pursuant toCilliforiIiil law, inCluding Civil Code Section 8l5"ef.seq" Grantor hereby voluntarily grants and
,conveys to Gi:antee a conservation easement in perpetuity over the Property, as set forth herein,
I Purposes, The purposes of this Conservation Easement are to ensure the Prqperty will be
retained Joreverin its natural condition and to prevent any use ofthe Property/hat will impair or interfere with
th.eConservationValues of the Property, Grantor intends thattliis Conservation Easement will confme,the use
of the Property to such activitiestqat are consistent with those purposes, inCluding, without limitation, those
involving the preservation, restoratiorfand enhancement of native species, and their habitats.
2, Grantee's Rights, To accomplish the purposes of this Conservation Easement, Grantor hereby
grants and conveys the following rightS to Grantee and to CDFG; as a third party beneficiary, of this
Conservation Easement:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upo~the'Property at reasonable tiines,in order to monitor compliance with
and otherwise enforce the tenns ofthis!Conservation Easement, and for scientific research and interpretive
purposes by Grantee or its designees and CDFG or its designees; provided that neither Grantee, nor CDFG,
shall unreaSonably , interfere with Grantor's authorized use and quiet enjoyment of the Property;
(c) To prevent any a~tivity on or use of the Property,that is inconsistent with the purposes
ofthis Conservation Easementand to require the restoration of such areliS orfeatures of the Property that may
be damaged by any act, failure to act, or any use that is inconsistent witbthe purposes of this Conservation
Easement;
(d) All mineral, air and water rights necessary to protect and to sustain the biological
resources of the Property; and
(e) All present lII1dfuture development rights,exceptfor underground utilities and water
wells, allocated, implied, reserved or inherent in the Property; such rights are hereby tenninated and
extinguished, and may not be used oil or transferred to any portion of/he Property
3 Prohibited Uses, Any activity on or use of the Properly inconsistent with the purposes of this
Conservation Easement is prohibited, Withqut limiting the generality of the foregoing, the following uses and
activities by Grantor" Grantor's agents, and third parties; are expressly prohibited;
(a) Unseasonal watering; use of fertilizers, pesticides, biocides, herbicides or other
agriculturalchemicals;weedabatement activities; incompatible fire protection activities; and any and all other
activities and uses which may adversely affectthe purposes dihis Conservation Easement;
(b) Use of or activity by off-road vehiCles and, use of or activity by any other motorized
vehiCles except on existing roadways;
(c) Grazing or other agricultural activity of any kind;
(d) Recreational activities inCluding, but not limited to, horseback riding, biking, hunting
or fishing, except as may be specifically pennitted under this Conservation Easement;
DFG.StdConsEllSJDI1ApplitantJ
2 Fontl R012004
. .
(e) Commercial or industrial uses; 17377
(f) Any legal or de facto division, subdivision or partitioning ofthe Property;
(g) Construction, reconstruction or placement oj'any building, billboard or sign, or any
oth~r structure or improvement of any kind, except as may be specifically permitted under this Conservation
Easement;
(h) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other
materials;
(i) Planting, introduction or dispersal of non-native or exotic plant or animal species;
(j) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface
ofthe Property;
(k) Altering the surface or general topography. of the Property, including building of
roads;
(I) Remov~g, destroying; or cutting of trees , shrubs or other vegetation, except as
required by law for (I) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease; and
(m) Manipulating, impounding or altering any natural,water course, body of water or water
circulation on the Property, and,activities or uses detrimental to water quality, including but not limited to
degradation or pollution of any surface or sub-surface waters.
4, Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry
and trespass by persons whose actjvities may degrade or harm the CClOservation Values of the Property In
addition, Grantor shall undertake all necessary actions to perfect the rights of Grantee and CDFG under Section
2 of this Conservation Easement, including but not limited to, Gl1II!tee's water rights,
5, Reserved Riabts, Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership ofthe Property; including,the right to engage in
or to permit or invite others to engage in all uses of the Property that are not expressly prohibited or limited by,
and are consistent with the purposes of, this Conservation Easement.
6, Grantee's Remedies, CDFG, as a third party beneficiary of this Conservation Easement, shall
have the same rights as Grantee under this section to enforce,the terms ofthis Conservation Easement. If
Grantee determines that a violation of the terms of this Conservatiori Easement has occurred or is threatened,
Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation,
At the time of giving any such notice, Grantee shall give a copy of the notice to CDFG, If Grantor fails to
cure the violation within sixty (60) days after receipt of written notice and demand from Grantee, or if the cure
reasonably requires more than sixty (60) days to complete and Grantor fails to begin the cure within the sixty
(60) day period or fails to continue diligeritly to complete the cure,.Grantee may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to recover any
damages to which Grantee may be entitled for violation of the terms ofthis Conservation Easement or for any
injury to the conServation values of the Property, to enjoin the violation, ex parte as necessary, by temporary or
permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies, or for other equitable relief, including, but not'limited to, the restoration of the
Property to the condition in which it existed prior to any such violation or injury Without limiting Grantor's
DFG.StdCoosEasm/(Applicaol)
3 Fonn ROI2004
. . 17378
liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action
on the Property"
If Grantee, in its sole discretion, determines that circumstances require immediate action to
prevent or mitigate damage toltie Conservation Values ofttie Property, Grantee may pursue its remedies under
this Section.6 without prior notice to Grantor or without waiting for the period provided for cure to expire,
Grantee~s rightS under this section apply equally to actual or threatened violations of the terms of this
Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms ofthis
Conservation Easement are inadequate andlhat Grantee shall be entitled t~ the injunctive relief described in
this section, both prohibitive and mandatory, in addition to such other reliefto which Grantee may be entitled,
including specific performance of the terms of this Conservation Easement, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described
in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in
equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive, The
failure of Grantee to discover a violation orlo take immediate legal action shall not bar Grantee from taking
such action at a later time,
If at any time in the future, Grantor or any subsequent transferee uses or threatens to use the
Property for purposes inconsistent with ,this Conservation Easementthen, notwithstanding Civil COde Section
815 7, the California Attorney General or any entity or individual with ajustifiable interest in the preservation
ofthis Conservation Easement has standing as interested parties in any proceeding affecting this Conservation
Easement.
6;\ Costs of Enforcement. Any costs incurred by' Grantee or CDFG, where it is the
prevailing party, in enforcing the terms of this Conservation Easement against Grantor, ,including, but not
limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Grantor's
negligence or breach of this Conservation Easement shall be borne by Grantor,
6,2. Discretion of Grantee and CDFG, Enforcement of the terms of this Conservation
Easement by Grantee or CDFG shall be 'aUhe discretion of the enforcing party, and any forbearance by
Grantee or CDFG to exercise its rights under this Conservation Easement in the event of any breach of any
term of this Conservation Easement shall not be deemed or construed to be a waiver by Grantee or CDFG of
such term or of any subsequent breachofthe same or any other term ofthis Conservation Easement or ofany
of Grantee's rights or any rights ofCDFG, as a third party beneficiary, under this Conservation Easement. No
delay or omission by Grantee or CDFG in the exercise of any right or remedy 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
shall be construed to entitle Grantee or CDFGto bring any action against Grantor for any injury to or change in
the Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire
not caused by Grantor, flood, storm, and earth movemellt, or any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such
causes; or (ii) acts by Grantee or its employees or CDFG or its employees,
6.4. DeDartment of Fish and Game Ril!ht ,of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed sh8Il extend to and are enforceable by CDFG,
7, Fence Installation and Maintenance, Grantor shall install and maintain a perimeter fence
reasonably satisfactory to Grantee and CDFG at the interface b~tween the Property and the two-acre parcel
("Home Site Area") adjacent to the Property as described in Exhibit "B", in order t<! protect the Conservation
Values of the Property, including but not limited to wildlife corridors, to preclude disturbance of the sensitive
habitats within the Property and to limit access to the Property by humans and domestic animals. The specific
DFG,S~_J
4 Form R012004
. . 17379
location and type of the required perimeter fence shall be detennined by the City of Po way, Department of
DevelopmentServices, in consultation with the City of Po way Fire Marshall and CDFG, The fence shall be
installed prior to any'iSsuance by the City. of Poway ofa Clearing and/or grading pennit for any proposed
development of the Home Site Area.
8, Access, This Conservation Easement does not convey a general right of access to the public,
9 Costs and Liabilities, Grantor retains all responsibilities and shall bear all costs and
liabilities of any'kindrelated to the ownership, operation, upkeep, and maintenance ofthe Property Grantor
agrees that CDFG shall have no duty or responsibility for the operation, upkeep or maintenance of the
Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third
parties from risks relating to conditions on the Property Grantor remains solely responsible for obtaining any
applicable governmental pennits and approvals for any activity or use pennittedby this Conservation Easement
Deed, and any activity or use shall be undertaken in accordance withall'applicable federal, state, local and
administrative agency statutes, ordinances, rules, regulations, orders and requirements,
9,\, Taxes; No Liens, Grantor shall pay before delinquency all taxes, assessments, fees,
and charges ("Taxes") of whatever description levied on or assessed against the Property by competent
authority, 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. Grantor shall keep the
Property free and clear from any liens, including those arising out of any obligations incurred by Grantor for
any labor or materials furnished or alleged to have been furnished to or for Grantor at or for use on the
Property,
9,2, Hold Harmless, Grantor shall hold harmless,. protect and indemnifY Grantee and its
directors, officers, employees, agents, contractors, and repr~sentativesandthe'heirs, personal representatives,
successors and assigns of each ofthemJeach a "Grantee Indemnified Party" and, collectively, "Grantee's
Indemnified Parties") and CDFG and its directors, officers, employees, agents, contractors, and representatives,
and the heirs, personal representatives"successors and , assigns of each of them (each a "CDFG Indemnified
fID:!y" and, collectively, "CDFG's Indemnified Parties") from and against any and all liabilities, penalties,
costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees),
causes of action, claims, demands, orders, liens or judgments (each a"Claim" and, collectively, "Claims"),
ariSing from or in any way connected with: (I) injury to or the death of any person, or physical damage to any
property, resuItil)g from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, except that (a) this indemnification shall be inapplicable to Grantee's Indemnified
Parties with respect to any Claim due solely to the negligence of Grim tee or any of its employees and (b) this
indemnification shall be inapplicable to CDFG's Indemnified Parties with respect to any Claim due solely to
the negligence ofCDFG or any of its employees; (2) the obligations specified in Sections 4, 9, and 9 I, and (3)
the existence or administration ofthis Conservation Easement Ifany action or proceeding is brought against
any of the CDFG Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon
written notice from CDFG, defend such action or proceeding by counsel reasonably acceptable to the CDFG
Indemnified Party or reimburseCDFG for all charges incurred for services ofthe California Attorney General
in defending the action or proceeding,
9,3, Extinguishment. If circumstances arise in.the future that render the purposes ofthis
Conservation Easement impossible to accomplish, this Conservation Easement can only be tenninated or
extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction,
94, Condemnation, The purposes ofthis 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,
DFG.StdCcasEasmI( ApplicMt)
5 Form ROI2004
,
I .
'I . 17380
] 0, Transfer of Easement This Conservation Easement is transferable by Grantee, but Grantee
may assign this COIlS\lrvationEaseriletifon]Yto CDFG or, with the prior written approval ofCDFG, to another
entity or organizatioirilUthorized'to acqurre'andhold conservation easements pursuant to Civil Code Section
8] 5:3 (or;anysuc,cessor,provision,then applicable) or the laws ofthe United States, Grantee shalI require the
'assignee to recOrd the ilssigJunent of the Conservation Easement on ,the Property in the Official Records of San
Diego County, Sta!eofCalifornia.
]] Transfer of Ptolleltv Grantor agrees to incorporate'thetenns, covenants, conditions and
,restrictions ofthis Conservation Easelllent by reference in any deedor other legal instrument by which Grantor
divests itself of any interest in all or any portion of the Property,.includfug, without limitation, a leasehold
interest. Grantor further agrees to give written notice to Grantee and CDFG of the intent to transfer any
interest at least sixty (60) days prior to the date of such transfer~ Grantee:or CDFGshalI have the right to
prevent subsequenttransfersin whichprospe,ctive subsequent claimants or transferees are not given notice of
the terms, ,covenants, conditions and :restrictions ,of thisCoDSe[Vation Easement. The failure of Grantor,
Grantee or,CDFG,to perform any,actpmvided in this section'shall nofimpair the validity of this Conservation
Easement or limit its enforceability in any way
Notices, Any notice, demand, request, consent, approval, or communication that any party (as
defined in Section.14(f) below) desires or is required to give to the other parties shall
,,,.-.. ..
be in,writing and be served personally or sent by recognized overnight courier that
guarantees next-day delivery or by ftrst class United States Postal Service, postage
fulIy prepaid, addressed as folIows:
To Grantor' Mr,and, Mrs, RobertI. Boone To Grantee: City Manager
] 5140 Country Hill Road City of Poway
Poway, California 92064-2715 P,O, Box 789
Poway, CA 92074-0789
With copies to: Regional Manager General Counsel
California DepartmentofFish and Game California Department ofFish and Game
4949 Viewridge Avenue ]416 Ninth Street, 12th Floor
San Diego"California 92]23 Sacramento, California 958]4-2090
or to such otlieraddress as Grantor, Grantee or CDFG may designate by written notice to the other parties,
Notice shall be deemed effective upon delivery in the case of persolialdelivery or delivery by overnight courier
or, in the case of delivery by first class mail, ten (] 0) days after depOsit into the United States Postal Service,
]3, Amendment.. 'This Conservation Easement,rilay'be amended only by a written agreement
between Grantor arid Grantee, subjectto the prior written approvalofCDFG, Any such amendment shalIbe
consistentwiththe'purposes,of,this Conservation Easement and. California law governing conservation
easements'andsliallnot affect its perpet1,\al duration, Any such'amelidment of this Conservation Easement on
the Property shall,be'recorded in the Official Records of ,san Diego County, State ofCa]iforriia,
14, Gimeral Provisions,
(a) Controlling Law The interpretation and performance of this Conservation Easement
shalI be governed by,tlie laws oftheState of California, disregarding the conflicts oflaw principles of such
state,
DFG.SidConsEasm/[Appticant]
6 Form ROI2004
. . 17381
(b) Liberal Construction, Despite any general rule q{ construction to the contrary, this
Conservation Easement shallbeerally constrtiedto effect the purposes of this Conservation Easement and the
policy and purpose of Civil Code Section 815 et seq If any provision in this instrument is found to be
ambiguous, an interpre1ation consistent with the purposes of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid,
(c) Severabililtv If a court of competent jurisdiction voids or invalidates on its face any
provision ofthis Conservation Easement Deed, such action shall not affect the remainder of this Conservation
Easement Deed, If a court of competent jurisdiction voids or invalidates the application of any provision of
this Conservation Easement Deed to a perSon or circumstance, such action shall not affect the application of
the provision to other persons or circumstances.
(d) Entire Al!I'eement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement aild supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement. 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 terms, covenants, conditions"and restrictions ofthis 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 constitute a servitude running in perpetuity
with the Property
(g) Termination of Ril!hts and Obligations, A party's rights and obligations under this
Conservation Easement terminate 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) No Hazardous Materials Liabilitv. The term "Hazardous Materials" includes, without
limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-
products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances,
or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S,C,
Section 6901 et seq.; hereinafter "RCRA"); the HazardousMaterials Transportation Act (49 U,S,C,Section
690 I et seq., hereinafter "HT A"); the Hazardous Waste Control Law (California Health &Safety Code Section
25100 et seq., hereinafter "HCL"); the Carpenter-Presley-Tanner Hazardous Substance Account Act
(California Health & SllfetyCode Section 25300 et seq.;,hereinafter "HSA"), and in the regulations adOpted
and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or
enacted after the date of this Conservation Easement Deed,
The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, lIT A, HCL,
HSA, and any other federal, state, local or administrative agency statute, ordinance, rule, regulation, order or
requirement relating to pollution, protection of human health or safety, the environment or Hazardous
Materials, Grantor represents, warrants and covenants to Grantee and CDFG that activities upon and use of the
Property by Grantor, its agents, employees, invitees and contractors will comply with all Environmental Laws,
DFG,SldC"""""",^,,,,"""'J
7 Form ROI2004
. . 1'7382
Grantor represents and warrants that it has no knowledge or notice of any Hazardous Materials
(defined below) or underground storage tanks existing, generated, treated, st<1red, used, released, disposed of,
deposited or abandoned in, on, under, or from the Property, or transported to or from or affecting the Property
Without limiting the obligations of Grantor under Section 9,2, Grantor hereby releases and agrees to
indemniJy, protect and holdhamiless the Grantee Indemnified Parties and the CDFG Indemnified Parties (each
as defined in Section 9.2) from and against any and all Claims (as defined in Section 9.2) arising from or
connected with ,any Hazardous Materials or underground storage tanks present, alleged to be present, or
otherwise as~ociated with the Property at any time, except that (I) this indemnification shall be inapplicable to
the Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by
Grantee, its employees or agents and (II) this indemnification shall be inapplicable to the CDFG Indemnified
Parties with respect to any Hazardous Materials placed, disposed or released by CDFG, its employees or
agents, This release and indemnification includes, without limitation, Claims for (i) injury to or death of any
person or physical damage to any,property; and (ii) the violation or alleged violation of, or other failure to
comply with, any Environmental Laws (defmed below), If any action or proceeding is brought against any of
the CDFG Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written
notice from CDFG, defend such action or proceeding by counsel reasOlJably acceptable to the CDFG
Indemnified Party or reimburse CDFG for all charges incurred for services oflhe California Attorney General
in defending the action or proceeding,
Despite any contrary provision ofthis Conservation Easement Deed, the parties do not intend
this Conservation Easement to be, and this Conservation Easement-shall not be, construed such that it creates
in or gives to Grantee or CDFGany of the following:
(I) The obligations or liability of an "owner" or "operator," as those tenns are
defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 V.S.C. Section 9601 et
seq., hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 V,S.c. Section
9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable Environmental
Laws; or
(4) The right to investigate and remediate any Hazardous Materials associated
with the Property; or
(5) Any control over Grantor's ability to investigate, remove, remediate or
otherwise clean up any Hazardous Materials associated with the Property,
G) Warranty, Grantor represents and warrants that there are no outstanding mortgages,
liens, encumbrances or,otber interests in the Property (including, without limitation, mineral interests) which
have not been expressly subordinated to this Conservation Easement Deed, and that the Property is not subject
to any other conservati<1n easement, except as specified in Recital F
(k) Additional Easements, Grantor shall not grant any additional easements, rights of way
or other interests in the Property (other than a security interest that is subordinate to this Conservation
Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property,
without first obtaining the written consent of Grantee and CDFG, Grantee or CDFG may withhold such
consent if it detennines that the proposed interest or transfer is inconsistent with the purposes of this
Conservation Easement or will impair or interfere with the ConservationValties of the Property This Section
DFG.StdCcnsEasmll Applicant]
8 Form ROI2004
. . 17383
14(k) shall not prohibit transfer of a fee or leasehold interest in the Property that is subjectto this Conservation
Easement Deed,and complies with Section II.
(\) Recording, Grantee shall record this Conservation Easement Deed in the Official
Records,ofSan Diego Courity, State of California, and may re-record it at any time as Grantee deems necessary
to preserve its rights in this Conservation Easement.
IN WITNESS HEREOF, Grantor has made this Conservation Easement Deed on November 29, 2004,
executed by Grantor in the City of Po way, County of San Diego, State of California.
ROBERT J, BOONE and STEPHANIEJ, BOONE,
husband and wife, as community property
By'
B~O
, Ii" -
GRANTOR
DFG.StdCollsF..asmI(Applicant]
9 Form ROI2004
· · 17384
CALIFORNIA ALL~PUcFlPO!iE ACKNOWLEDGMENT
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_' Con., Inronj~l~
I ". ' ~PilbIiC.cGIiiOmIa ~ to be the personilfj) whose nameG) ,~
I I MvConvn.~~;"= 2007f subscribed t6 the within instrument and
.,- - - - - _ _ ~ _ _ .: _ acknowledged ,to me that RI'lfsJ:le~xecuted
the s:fie in .bi6fh~ authorized
capaci Ces, and that by ~~rt@
signatur ( on the instrument the person~ or
the entity upon behalf of which the pers~) I,.',:
acted, executed the instrument. ,
Ji
Place Notary Seal Above 5i n (Ire a ary U Ie
OPTIONAL
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 01 this form to another document.
~ r ~
II Description of Attached D t .
. Title or Type of Document ~JlUO.i{1;YL '/VIQ.r[t fJe.. (J j
Document Date: -L I ,~ 1. OLl Number of Pages: / P)
I
:' Signer(s) Other Than Named Above: N aJJ t;'
I
Capacity(ies) Claimed by Signer I
Signer's Name:
o Individual Top :f thumb Ilere
o Corporate Officer ~ Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
[] Guardian or Conservator
I 0 Other ~
SIgner Is RepresentIng ~~
I ,
I I
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@1999 Nauonal Notary Assocmtlon. 9350 De SOlo Ave_. P.O. Box 2402. Chalswortll, CA 91313-2402' www.Mtionalnotary.orgPrOd.No. 5907 Reorder: Call TolI.Free 1-800'876-6827
. .
17385
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or ,grant
dated October 27, 2004 from Robert J and Stephanie J Boone, Grantors, to the City
of Poway, Grantee, a politicai corporation and/or governmental agency, is hereby
accepted by the undersigned officer or agent on behalf of the City Council pursuant to
authority conferred by Resolution No. 34 adopted on January 20,1981, and the grantee
consents to recordation thereof by its duly authorized officer
Dated /I~,;( 9~cJ 'I CITY OF POWAY
Seal: By'
, City Clerk
.:Jeanl1e ts:CAn c.1-
. . 17386
CONSERVATION EASEMENT EXHIBIT"B"
CITY OF POW A Y PARCELS 1,2, 3, 4A & 4B lof3
(52.450 ACRES)
All that portion of Lot 3 and Lot 4 of Section 4, Township 14 South, Range I West, San
Bernardino Meridian in the City of Po way, County of San Diego, State of California,
according to the United States Government Survey approved January 13, 1883 and
Record of Survey No, 8971 recorded April 1, 1982 in the office of the San Diego County
Recorder in said County,Jast said Record of Survey showing the comer monuments of
said Lot 3 and Lot 4, described as follows:
PARCEL I (35.523 ACRES)
BEGINNING at the southwest corner of said Lot 4, thence North 00058'52" West a
distance of661.02 feet along the westerly line of said Lot 4 to a point which is 800.00
feet southerly of the north west comer of said Lot 4, thence leaving last said westerly line
parallel to the north line of said Lot 4 South 89042'28" East a distance of 400 00 feet;
thence North 13007'38" East a distance of 820,30 feet to a point on the north line of said
Lot 4, said point being 600.00 feet from the northwest corner of said Lot 4, thence
proceeding easterly along the north line of said Lot 4 South 89042'28" East a distance of
729.94 feet to the northwest corner of Lot 4 common to the north east corner of said Lot
3, thence easterly along the northerly line of said Lot 3 South 89041 '40" East a distance
of618,22 feet to the westerly line of the 60 foot wide road and,utility easement described
in Parcel 37 of the Grant Deed to Sally R, Wixted and Andrew Pavelchek recorded
November 25, 1996 as Document 1996-0595654 of Official Records in the office of said
San Diego County Recorder, said point being on a curve with a radius of 130,00 feet,
concave easterly, to which a radial line bears North 44033'33" West, thence southerly
along the arc of said curve a distance of 208,57 feet with a central angle of 9 1055'27"
(Record: 86056'00") to a tangent line; thence along said tangent line South 46029'00" East
a distance of 148,51 feet; thence,South 07004'19" East a distance of205,04 feet to a point
on the northerly line of the 60 foot wide road and utility easement described in Parcel 36
in said Document 1996-0595654, thence southwesterly along the north boundary of said
60 foot wide road and utility easement as follows:
South 8504 I '00" West a distanceof264 46 feet;
thence South 74055'00" West a distance of 655,95 feet;
thence South 51015'00" West a distance of204,66 feet,
thence South 33043'00" West a distance of364,37 feet,
thence South 25010'00" West a distance of 380.40 feet;
to a point on the southerly line of said Lot 4, thence westerly along last said southerly
line North 89016'55" West a distance of637 11 feet'to the point of BEGINNING,
PARCEL 2, (6.630 ACRES)
BEGINNING at the northeast comer of said Lot 3, thence southerly along the easterly
line thereof South 00055'35" East a distance of 505 76 feet to a point of the northerly line
[~
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. .
17387
EXHIBIT"B"
2 of3
of the 60 fooi wide road and' utility easement described in Parcel 36 of the before
referenced Document 1996-0595654 of Official records; thence westerly along last said
northerly easement line North 790] 6'00" West a distance of 147.39 feet; thence South
8805]'00" West a distance of 379.37 feet to a point of intersection with the easterly line
of the 60 foot wide road and utility easement described in Parcel 37 of the before said
Document J 996-0595654, thence northerly along last said easterly easement line North
07004'19" West a distance of230,96 feet; thence North 46029'00" West a distance of
] 6999 feet to a point on a tangent curve with a radius of 70,00 feet, concave easterly, a
radial line to last said.point bearsSouth 43031'00" West, thence northerly along said
curve a distance of] 13 70 feet with a central angle of93004'00" (Record. 86056'00")
thence tangent to last said curve North 46035!00" East a distance of 60.12 feet to a point
on the northerly line of said Lot 3, said point being 623.89 feet westerly of the north east
comer of said Lot 3, thence proceeding easterly along said northerly line South 89041 '40"
East a distance of 623.89 feet to said northeast comer of Lot 3 being the point of
BEGINNING.
PARCEL 3 (7.087 ACRES)
BEGINNING at the southeast comer of said Lot 4 common with the south west comer of
said Lot 3, thence westerly along the southerly line of said Lot 4 North 89016'55" West a
distance of626.82 feet to a point on the southeasterly line of the 60 foot wide road and
utility easement described in Parcel 36 of before said Document 1996-0595654 of
Official Records; thence north easterly along said south easterly line North 25010'00"
East a distance of 348.64 feet; thence North 33043'00" East a distance of 350.63 feet;
thence North 51015'00" East a distance of 70.00 feet; thence leaving said easement line
South 34028'05" East a distance of 340.39 feet; thence South 90000'00" East a distance of
160.00 feet extending into said Lot 3, thence South 00000'00" East a distance of379.87
feet to a point on the south line of said Lot 3, thence westerly along last said south line
North 890]4'32" West a distance of ]23.36 feet to the said southeast comer of said Lot 3
being the point of BEG]NN]NG.
PARCEL 4A (1 772 ACRES)
Beginning at the most southeast corner of said Lot 3, thence along the southerly line there
of North 890]4'32" West a distance of 505.66 feet; thence leaving said southerly line
North 00045'28" East a distance of 442.60 feet to the TRUE POINT OF BEGINNING,
thence South 890]4'32" East a distance of 410.36 feet; thence North 23045'00" West a
distance of95 16 feet; thence North 45005'37" West a distance of200.65 feet; thence
South 53010'00" West a distance of28.04 feet; thence North 81011 '45" West a distance of
210.34 feet; thence South 72028'50" West a distance of 6.68 feet; thence South 00045'28"
West a distance of 227 7 Ifeet; thence South 47024'35" East a distance of 13.32 feet to the
TRUE POINT OF BEGINNING
. , . . .
17388
EXHIBIT"B"
3 of3
PARCEL4B (1438 ACRES)
Beginning at the most southeast comer of said Lot 3, thence northerly along the easterly
line thereof North 00055~35" West a distance of 482.00 feet to the TRUE POINT OF
BEGINNING; thence continuing North 00055'35" West a distance of 432.34 feet to the
southerly line of the 60 foot wide road and utility easement described in Parcel 37 of the
Grant Deed to Sally R. Wixted and Andrew Pavelcheck recorded November 25, 1996 as
Document] 996-0595654 of Official Records in the. office of said .San Diego County
Recorder; thence along last said southerly line North 790]6'00" West a distance of 153.53
feet; thence South 88051'00" West.a distance of 68.77 feet;'thence leaving last said
southerly line South 3] 023'53" Easi a distance of 194 78 feet; thence South 530 I 0'00"
West a distance of ]20.62'feet; thence South 45005'37" East a distance of 3 ]2.95 feet to
the TRUE POINT OF BEG]NNING.
\
POWAY-WESTVlEW ROAD PARCELS - BOUNDARY PER ROS 8971
32 33 . _, f.i!f3J'3!1<J'2.,
_ ~9'4228 W '.!..2~9~ _ _ ~_ _ _N82"4.!'40HW " 1J2~8~ _ _
"'.d 600.00' / 729,94' 618,22' 623.89' -
i.J T' 8' I
. 86.1 ':'1 C'\j ,
U u
I I E.F. COOK & ASSOCIATES, LID. C2 is shown as 86056'00"
~ 5858 Mt. AIif.n Drive. Sui", ZOO in Parcel 37 of Deed
2 . I SanD;~go,Cahfum;.nl1l I 1996-Q595654 is in error ~}: crrr OF POWAY g
oi Rl Ellgen' F. Cook Em.,l, cfoook.:usoc@ndSCOpe.net and should be 93004 '00" ~~~ ~ I
'" "'y CoNultingCivilEngineet TelephondB58) 219.2823 .O()/ ~ 6630 ACRES 'I
0; I ~ ReE 9617 California Fax: (858) In9106 " . . 01..1 =<::
~ Co [J 5;'/ ~ g
.: is I Existing Private Road Easemen~t.< / GO I gj
c I CITY OF POWA Y per DOC In 996-0595654 ~ 6' (,.i
o~ I EASEMENT PARCEL 1 Parcel 36 (East-West Road) and ,\56 7~ Vl
I .I.q 35.523 ACRES Parcel 37(North Road) -?:-G O'? 6'- ~
'"'7 I Easementscontain4.101-Acres I(j I "-" '
" 'C ~SCALE. I -<DO
" '00 "
!.) N74'55 5' ifE'STI'IE
I ~ 655.9 ----- if ROAD
~ ~----- ,
I - ----- 'S 637.13 CNVlRONMCNT,
L014 N74"55'00 mUST INC I
p9:!2'l..B~ SEe 4 1145 RtW L01 ;3
I 400,00" sEe 4 1145 RtW
I
I N89"14 '32"W
I~ N90"00'OO'C 124'35"'11,
_ " -to' 160.00' CNVIRO,.,MENTAL N4 13.32
~ ~ Iv 1 TRUST tNC .l.J
. n ..1"0- kI ESMT PARCEL IA Q;) ~
~I .<:5 " / CfTY OF POWAY I a' 17156 ACRES !'< Ii: RCMAlNDER
~ ~ ~ . Jv EASEMENT PARCEL 3 ~ &:i ~ ~ PARCEL
I h ':1<& '\ <l' & 7,087 ACRES is 0; " ::: 6.000 ACRES
'? /'\I~.;.. or-..;, S?
~~ o~ ~
65,91' ':Ii> ~
' ~
637.11' 62682' l' ,
------ -___~__ 23.36 699.08 50566'
t':l ,.,89'16'55"W 1329.84'. - ~32"W- - - - - 1328.11: - - ~ ,------.
~ . . .. ~
COURSC DoITA TABLE COURSC DoITA TABLE COURSC DoITA TABLE COURSC DATA TABLE
. ,.,0. BRG DUTA RADIUS LENGTH NO. BRG DUTA RADIUS LENGTH NO. BRG DUTA RADIUS LENGTH NO. BRG DCLTA RADIUS LENGTH -J
..... I L1 N79"16'oo"W - 150.46' L8 NOT04'19"W - 247.26' Ll5 N79"16'oo"W - 153.53' CI 93'04'00' 70.00' 113.70' CIo:I
0:; L2 N88'51'oo'C - 403.30 L9 N46'29'OO"W - 159.25' Ll6 N88'51'OO'C - 68.77' C2 93"04'00' 100.00' 162.43' 00
~ L3 ,.,85'4Ioo'C - 293.11 LlO N46"35'OO'C - 28.75 Ll7 N88'51'OOC - 171.23' C3 91"5527" 130.00' 208.57' ~....
L4 "'74'5500 E - 646.84 LlI N46"35 00 E - 60.12 Ll8 N88'51 00 E - 85.00 ...,
~ L5 ,.,51"15'OO'C - 193.75' Ll2 N46'29'OO"W - 169.99' Ll9 NOT04'19"W - 205.04'
> L6 N33'43'oo'C - 357.50' Ll3 NOT04'19"W - 230.96' L20 N46'29'OO"W - 148.51'
;:: L7 N25'10'OO"E - 364.52' L14 N79'16'OO"W - 147.39' L21 N88'51'OO"E - 74.35'
(REV 11-8-04) PWI DATE, JUNE II, 2004