Conservation Easement Deed 2004-1137529
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- c I DO~ 2004-1137529
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, , 1/11111111111111111111 1111111111 11111111111111111111111111111111111111
r.e , RECORDING REql:lESTED BY
'" CITY OFPOWAY
~WHENH!\C9H.P".o.MAIL Tea" DEe 02, 2004 2:46 PM
DFFIClp,L FIEI"Om'S
':.,.::..r'J [IIECin cour'H'1 F:ECDF:[IER"; IJFFWE
, CITY CLERK \ '1\,0(0 CiFiEC;OFi'l ,I ';MITH COUNT', RECUF:[IER
I'~r c;IJY'9!' POWAY FEES" Ouo
F'.;O,BQX 789 DC II,"
F'i.:.,CiEL., 12
POWAY CA92074'.0789
1111111111111111111111111111111111111111111111111111111111111111111111111111111I
APN 277"220-32 2004-1137529
Project No MQRA 03"95
" CONSERVATION EASEMENT DEED Jj~
. DOCUM~RY TRANSFER TAX $
THIS CONSERVATlON'EASEMENT DEED is made this '-zS day of 0 2004, by Howard
Lomas and Tonya Lomas nprantor"), in fayor 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 C,alifornia, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and 'incorporated by this-reference (the "Property"), .
B TheProperty,possesses wildli'fe and habitatvalues(collectlvely, "conservation values") of
great. importance to the Grantee, t[1e people of the City of Poway, the people of the State of California,
--'--.,.- and the people,ofthe ,l}nitedStates.
C, The Property provi,des high quality Coastal SageSc[ub. Coastal Sage Scrub is the
habitat of the California,Gnatcatcher, which is listed a~ a threate~ed;~pecies on the Federal Endangered
Sp,eci~s list. Conservation of this property therefore will preserve habitat of a protected.species,
D-. The -City of Poway is authorized to hold conservation easements for the preserv,ation of
land in i)s natural, scenic" agricultu,ral, historical; forested, or ope'1.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 plants and the habitat necessary for biologically sustainable
cpopul~tions of those species.
\
F ' The United States Fish and Vliildl,ife Services (USFWS) has jurisdiction over the
conservation,protection, restoration, enhancement and lJlanagement of fish, wildlife and native, plants
and 'thiHhiibitats on which they depend under'the Endangered Species Act, 16 U.S C section1531et
seq(ESA), the 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 subdivisionTTM 98,02, "Heritage II, Estates Biological Technical Report", identified impacts to Coastal
Sage,Sciub (CSS) habitat. Mitigation,of impacted habitat'was resolved as part ofthe Final Environmental
Impact Report; Sch. No, 98091083, through the preservation of ,open space easements on each parcel
thrcll]ghoutthe,s'Ubdivision. Open,space aieas were identified:on,'the:map no. 14388, filed'in the office of
the County Recorder'of San Diego C6unty;Califbrniaon May 8, 2002, file number 2002-0391382 for
impaCts ,to'CSS. Recordation of Biological Conservation Easements will ensure :preservation of areas set
aside for coastal sage scrub habitat ' .
H. Grantor intends to convey to Graritee,therighhto),preserve and protect the conservation
values 'of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
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04 aV1
, '. . 17107
Conservation EasEi'ment.iDe'ed
Page 2
contained herein. i,n exchange'for Grantee permitting Grantor:s construction of a single-family residence
within Heritage IIESt"ates.
I. 'Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein
and to prese~~e ,?nd to prqtect in perpei~ity tlie conservation values of the property in accordance with
theterms'of this'Conservation Easementfor,thebenefit,of this generation and the generations to come.
COVENANTS, TERMS; CONDITIONS AND,RESTRICTIONS
In consideration of the above recitals and the mu!ual covenants, terms, conditions, and
restrictions contained herein, and' pursuant to California law, including Civil Code Section 815, et seq.,
Grantor hereby voluntarily"aeeds and conveys ,to Grantee conservation 'easement in perpetuity over the
Pioperty of. the:nature,and characteri~nd to the extenthereinailer sei'forth ("Easement")
1 Purpose. The purposeof'this Conservation Easement is to ensure the Property will be
preserved ih a natural condition in peqietuity and to prevent any use oftheProperty thatwill materially
impair or interfere with the conseivation'values of the Property ,Grantor'intends that this COQservation
Easement' will confine the use of ,the Property to such activities, including without limitation, those
involving the preservation and enhancement of native species, aM 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 asa third party beneficiary of this easement by this ConserVatioh Easement Deed:
(a) To preserve and protect in perpetuity the' conservation values of the Property in
accordance with this easement;'
(b) To enter uP9D the,prc;>PE!rty et r"easQQable t!!!le,s 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 'ls set forth in section 4, and for
scientif.ic research and interpretive purposes by Grantee or its designees; and CDFG and its designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the
purposesof'this Conservation Easement and to require therestoratioQ of such areas or features of the
Property that maybe:,damaged by any act, failure to act, or any'use that is inconsistent with"the purposes
of this Conservation Easement;
(d) All mineral, aii,and water rights necessary to protect and sustain the biological
resources of the Property; and
(e) To enforce by means including, injunctive relief, the terms and condilionsofthe
Easement.
,3, Prohibited' Uses, Any activity on ,or use of the Property inconsistent with ,the habitat
conser:Vationpurposes of thisConservafion 'Eas~ment i'nd not specifisally reserved as a right of Grantor
is prohibited, Without limiting the generality of'the foregoing, the following uses by Grantor, Grantor's
agents, and thiidparties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plan/NCCP
(a) Uhseasonable watering" use.. of herbicides" rodenticides, or weed abatement
activities, ih'compatibie fire. protection activities and any,and:ell other, uses which may adversely affect the
pu'iposes ofUiis,Conservation Easement; "
"
(b) tJse of off:roadvehicles; exceptv!lhicles used for property maintenance required
byAheCity'of'Poway, ,ancHhen ohly'over existingr,oads.
(c) Grazing:or surface entryJorexploratioh or extraction of minerals;
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Con,servation Easement Deea
Page 3
(d) Erectian .of any building, billboard, sign;
(e) Excavating, clredging or removing .of loam, gravel, soil, rock, sand or other
material;
(f) Otherwise altering the general topography of the Property, including building of
roads,or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for (1) firebreaks, (2) maintenance of existing fooFtrails 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 reasonableoeactions to prevent the unlawful
entry and trespass by persons whose activities may degrade or harm the conservatian values of the
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Property In addition, Grantor shall. unslertake all necessary actions to protect Grantee's rights under
Section 2 .of this Conservation 'Easement Grantor further cov~nants,that maintenance of the Property, to
wit: clean up of all trash and debris, shall be the Grantor's responsibility
5. Reserved Riqhts. 'Grantor reserves to itself; and to its personal representatives, heirs,
, '
successors, and assigns, all rights accruing from its ownership of the ProRerty, 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 Easement:
6. Grantee's Remedies. ,If Grantee determines that.:Grantor'is in viol?tion of the terms of
this Conservation Easement or that' a violation is threatened, Graritee shail give written notice to Grantor
of such violation and' demand in writing ,corrective action sufficierit to cure the violation. Grantee shall
also notify the California Department of Fish and Gam-e, ,If Grant6nails to cure the violation within thirty
(30) days after receipt of said written,notice and demand from GrantEfe, or if the cure reasonably requires
more than thirty (30) days to complete and Grantor faiis to begin the,cure within the thirty (30) day period
or fails to continue diligently to cOT)1pjete the cure, Grantee may:bring'.an action at law or in equity in a
court: .of comR,etE;nt jurisdicti.on to enforCE) the terms of this 'Conservation Easement, to recover any
damages to which Grari'tee TTlN,be entitled 'for violatian by Grantor of the terms of this ConserVation
Easement, to enjoin the violation;,e)(,parte as necessary, by temporary or permanenLinjunction ,without
the necessity of proving either actual,damages or the inadequacypf<otherwise available legal remedies,
or for other equitable,relief; inCluding, ~ut not limited to, the rest~[ation of the Property to the condition in
which it existed, prior to any such violation 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
If Grantee, in its sole discretion, determines, that circumstances require immediate action
to prevent or mitigate,significant damage to the conservation values of the Property, ,Grantee"may pursue'
its/ern.edies un,6ert~.is para'graph without prior notice to Grantor or without waitingJorthe period provided
for cure to expire, Grantee:s rights under this paragraph apply equally to actual or threatened Violations
,," ',-<. . -~'" -.. ... ~,,; - .," ..---...," .... -'" .'
'.of the'term,s!of'this'Conservation Easement. Grantor and Grantee,agree that.Grantee'sremedies for any
vialation of theJerms .of this Conservation Easement is the 'injunctive relief described in this,section",both
prohi,gitive and mandatory, in addition to such other relief to which Grantee may be entitled, including
specific performance of'the terms ,.of this Conservation Easement in each case, without the necessity of
proving either "ctu,aldamages or the inadequacy of ,otherwise available legal remedies, Grantee's
remedies described"i,n this section shall be cumulative and ,shall be in addition to all remedies now or
l:!~re,!:,f1!;c exLs,~.n.g at law'or in equity, including but not limited 'to, the remedies set forth in Civil Code
Section;?1!j, ~t seq"inclusive.
, If. at any ,time in'the,!uture'_,~rflntor',or'any subsequent transferee uses or threatens to use
such lands for :purp.oses inco(1sistent; witb this Conservation- ,Easement; notwithstanding Civil Code
Sectian815.7, the Caiifornia Attorney General 'or fl'iird'paity entitles organized for'conservation purposes
'.
. . 17109
Conservation Easement Deed
Page4
have standing as interested parties in any proceeding affecting this C'onservation Easement as against
Grantor
The California Department of Fish and Game (CDFG) as a ttiird party beneficiary of this
easement shall have the same rights as Grantee under this,section to enforce the terms of the easement.
6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms' of .this Con~ervation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees, and any costs of res\oration necessitated by Grantor's'violation or negligence under the
terms of this Conservation Easement'shall be borne by Grantor
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation, Easement
by Granlee orGDFG shall be at the discretion,ofGrantee and CDFG, and any forbeara'nce by Grantee or
CpFG to Elxer6ise it~' rights 'und~r t~is Co:nservation Easement by Grantor shall not be deemed or
co'nstrued to be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easement 0[. of any of the Grantee's'rigntsunderthis Conservation Easement.
No delay or omission by Grantee or CDFGin the exercise 'of any right or remedy upon any breach by
Grantor'shall impair such right or remedy or be construed as a waiver
6,3. Acts Bevond Grantor's ControL Nothing contained in this Conservation
Easement'by Grantee shall be at th'e,discretion of Grantee and cbi=G,to',bring any action against Grantor
for any injury to change in the Property resulting from causes beyonci Grantor:s control, including, fire,
flood, storm, and earth movement, ,or any prudent action taken by:Grantor under emergency conditions'to
prevent, abate, or mitigate significant injury to the Property resulting 'from such causes,
64 DepartmerWof Fish and Game Riqht of .Enforcement. All rights and remedies
conveyed to Grantee under this,Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
? , Metal Fence StaKe Installation and Maintenance. In orderJo identify and demarcate'the'
boundaries of the Conservation Easement Deed area (property) 1870.1 8eritage Drive, APN 277-220'32,
within ninety days, the Grantor shall instali and maintein metal fence stakes (l'-stakes painted white) six
(6) feet in height [2 ieei below gr'ad,e and 4 feet exposed above ,grace] as follows: A stake shall be
installed,?tlhe ,property line,a,t the p"oi~t of intersection with the easement boundary line,and'also installed
at intervals ofseventy,five-(75)feet'al~ng the length of the easement boundary line, The purpose of this
staking is to identify til'thedot'owner the boundaries of the, conservation, easement area, and to protect in
perpetuity the conservation values and,function of the Property The specific location of all required
stakes shall also be plotted on Exhibif"El"'(easement plat) attached hereto,
8 Access. This'Conservation Easement Deed.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 kindJelatedtothe'ownership, operation, upkeep, and maintenance of the Property
91. l'axes. 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 shali h'old harmless, indemnify, and defend Grantee,and
~DFG ~n9, its members: directors, officers, employees, agents, contractors, and their heirs, and
repre"s,!",.ri!a!ive~,,~ucce~s,?rs andassigns'(collectively ':lndemnified:Parties") from and against all liabilities,
p~Dalties,c9sts, 10~~,e~i'da~mag!",s, e~p,?~~es, causes of action, claims, demands, or judgments, including
V{ithout limitation" reasonable attoIOcIilY,s"fees, .?rising'from"or in any way connected,with: (1) injury to or
the dea,th of any perso.n"or physical-damages' to any pr()perty resulting ,from any act, omission"condition,
or other [!1'atter related to or oc~urring on or about the' P[operty, regardless of cause, (2) the obligations
specified,:in SectionsA, g, and 9 1, and (3) the existence or administration of this Conservation Easement.
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Con,servationEasement Deed 17110
Page 5
9.3. ,Condemnation. 'The purposes of the Conservation Easementare presufTled to
be the best !3nclJQ~s.t :eneces~ary public use as defined at Code of Civil: Procedure Section 1240 680
notwithstanding Code of Civil Procedure,Sections 1240.690 and 1240.700
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10.. ,AssiqnmenL This Conselvation Easement' may not be transferred, assigned, or
extinguisbed. without the prior written approval of CDFG. Grantee may assign its rights and obligations
under .tli~s Conservation EasemeQt oQly to an entity or organization, authorized to acquire and hotd
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 Subseauent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or oth~r !egaLinstryment by which Grantor dive~ts itself of any interest in all or a
portion 61. tHe property, including, without )imitation, a leasehold interest. Grantor further agrees to give
written ,fiotic,e to Grantee or the' CDFG of the' intent to transfer any interest at least forty-five (45) days
p'rior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which
prospective subsequent claimants,'or, tnjnsferees are not given notice of the covenants, terms, conditions
and restrictions of this Conservation IEasement. The failure of Grantor or Grantee to perform any act
. ' '
provided in this section shall'not impainhe 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 GranUle and CDFG.
12. Notices. All notices, demands, requests" consents, approvals, or communications, from
one party to another shall be personally delivered or sent by facsimile to the persons set forth below or
shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid,
return receipt requested and addressed as follows, or at such other address as any party may from time
to time specify to the other parties in writing:
To Grantor' Howard & Tonya Lomas
11677 Eastfield Road
Poway CA 92064
To Grantee: City of Po way
POBox 789
Poway CA 92074
With a c6py'to. Department ofFish a,nd 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.
f3, ,Amendment. This <:;onservation Easementmay'be amended by Grantor and Grantee
only by mutual. written agreement approved in\'iriting 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 prolT!ptly record this instrument in the official records of San
Diego County, California and immfldiately notify 'the, Grantee and CDFG through the mailing of a
cgnfirmed,copyof the recorded ,easement.
15. GeneralJProVisions.
(a) ,Controllina Law The :!flterpreta,Jion 'and performance of this Conservation
Easement shall be governed by:thelaws of the State of California.
"
. . 1711:1
Con,servatiori,Easement Deed
Page 6
(b) Liberal Construction. Any general rule of c~Jnstruction to the contrary
notwitnstanding, this,.Co'nservation Easement'shall be liberallyponstrued in:favor of the deed to effect the
purposes of'this\.ConseiVatiori Easemeritandthe policy and purpose' of Civil Code Section 815, et seq. If
any provision"in',this instrument'is found to be ambiguous, an interpretati.on consistent with the purposes
of this Co-n'serVation 'Easement that would render the provision valid shall be favored over any
interpretation thatwould render it invalid,
(c) Severability If a court of competent jurisdicti(Jn voids or invalidates on its face
any provision of this Conservation EiOlsement Deed, .such aCtion shall not affect the remainder of thjs
Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application ot
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 Aqreemenf This instrument sets forth the entire agreement of the parties
wiih respect to the Conservation 'Easement and supersedes all prior discussions, negotiations,
understandings, or agreements' relating'to the Conservation Easemerit, all of which are merged herein.
. - - . --,
No alteration or variation of this inst,ument.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 represehtatives, heirs, successors, and assigns and shail continue as a
servitude running in perpetuity with ,the Property These covenants hereunder benefiting Grantee shall
also benefit CDFG
(g) Terminationiof Riqhts,and Obliqations, ,A party's rights and obligations under this
Conservation Easement shall tenninate only upontrimsfer of ,the party's "interest in the <:;onservation'
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 shali, in the aggregate, be, signed by Grantor and Grantee; each counterpart shall be
deemed an original in'strument ,as agai':'st,any party who has signed it. In the event of any disparity
between the'counterparts produced, the recordedcouhterpart snail be controlling,
Ul. Modification. This ,Easement is,not:subjectto modification or amendment except
in writihg and signed, by Grantor, Grantee and CDFGor 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 powayand CDFG to carry out their
respective,obligations under this Easementshall be'subjectto,the availability of appropriate funds,
(m) Effective Date, ,his Easement shall: be effective upon recording with the San
DiegoCourity Recorder's Office,
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c 0 E ed 17112
on,servatlon asernent Dee
Page 7
.IN WITNESS ;rH-E-REOF:.Grantor and Grantee have entered"into this Conservation Easement the
dayand:yearfirst above writtEm.
GRANTOR:
Lomas" Property Owners
By: By'
;
Approved, as to Form:
Office of the City Attorney
Tamara Smith, City Attorney
BY'~
Tamara Smith, City Attorney,
M:\planning\p~ggy\mdra2003\MORA 03-95 Conservation Easement.Deed.doc
. . 17113
CA,,-IFORNIA,ALL,PURPOSE ACKNOWLEDGMEN.:r
State of CQ\ i W r'\~,
Co",,,,, ,~(\-:UI€!:lO' .;:J
ontJrw L- ,~ before me, ~ De.t\ ~ C- CicJY1l"" ,
, Date ---r-::-: N~:n'! and Tille of Officer (e,g" "Jane Doe, Notary Public"l
personally appeared \ on~ LtJvv'\':::l~ ,
Name(s)of Slgner(s)
o personaily known to me - OR -0 prove-d to me on the basisof'satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that, he/she/they executed the
same in his/her/theifauthorized capacity(ies), and that by
his/her/their signature(s)'on the instrumenlthe person(s);
~" HELEN MCCRON, E or the entity upon'behalf of which the person(s) acted,
'.' ".".,', Commission # 1403623 .. executed the instrument.
~ ";..$ . ~' Notary public. California ~
z : \.:!:'". San Diego County,
0." . My Comm. Expires Mar 4,2007
,Signature of Notary Public
OPTIONAL
Though the information b~/ow is not reql.!ired bY/B_w, it may prove valuable,to'pf3rsons relying on the, document and could.prevent
fraudulent, remova/:and ''reattachment of this form _ to 'another document.
Description of Attache'dDocumeilt
Title or Type of Document:
Document Date: Number of Pages:
C2
Signer(s) Other Than Named f\bove:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): ' Title(s):
o Partner -0 Limited 0 General 0 Partner - 0 Limited 0 General
o ,Attorney-in-Fact 0 Att6rney-in'Fact
o Trustee 0 Trustee
.' .." . RIGHT THUMBPRINT
o Guardian or Conservator . 0 Guardian or Conservator OF SIGNER,
D Other" Top of thumb here 0 Other" Top of. thumb here
Signer Is Representing: Signer Is Representing:
e 1994 National Notary AssOCiation' 8236 Remmel Ave.,.P.O. Box 7184 . Canoga ParK, CA 91'309-7164 Prod. No. 5907 Aeortler: Call Toll-Free 1-800-676-6827
,. . 17114
CALIFORNIA All.PURPOSEACKNO,WLEDGMENT
, .-.'. __ ~ _. u
Ca.\' ~ .~
State of ' .,. ".,1"\1
County of <~ 'J)r~
Qn 'Noli 2.. 2oOH--before me, " '. cl.e:.A k <:-. CrOY\r.- )
Date Name arldlltle 01 Officer le.g., "Jane Doe, Notary Public')
personally appeared' ~ '. ,"" rd I _VV'\ ,""\, <:....
Name(s)01 Signer(s)
~ersonally, known to me - OR - 0 proved to me on the basis of sa:tisfactory evidence to,be the person(s)
whose name(s), is/are subscribed to the within,instrument
. . "-", -
and acknowledged to 'me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
1 his/her/theiu;ignature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS myh d and official seal.
OPTIONAL
Though the information below is not required'byJaw, it may prove valuable,to perSons" 'relying on the document and Gould prevent
fraudulent remov.af and reattachment of this .fOrTn to another document
Description of Attached Document
Title or Type of Document:
Document Date: $;. #' Number of Pages:
Signer(s) Other Than Named Above: / ~t7-,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o CorporaieOfficer o Corporate'Officer
Titie(s): Title(s):
o Partner - D'Limited 0 Generai o Partner - 0 Limited 0 General
o Attorney-in,Fact o Attorney-in,Fact
o Trustee P Irustee
o Guardian or Conservator o Guardiimor Conservator .
o Other' Top of thumb here o Other' Top of thumb here
Signer'ls Representing: Signer Is Representing:
c 1994 National Notary Association' 8236 Remrmit Ave.,P,Q. Box 71B4'. Canoga P~rK, CA 91309-7164 PrOd. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
..
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Conservation Easement Deed 17115
Page 8
'CERT:IFICATE OF ACCEPTANCE
'This ,is to, Certify that 'the, interesti'{f;81 pro5erty conveyed by tne Conservation Easement by
Howard Lomas,and Tonya,tbmas, dated 4-::J .,W.l to the City of Poway, Grantee,
a'nd to the California Department of Fish an'd Game, as a third party bel}eficiary, a governmental agency
(under Government Code, Section 27281), is hereby accepted by the undersigned officer on behalf of the
City of Pbway, pursuant to authority conferred by Resolution Nb 34 ofthe City of Poway on January 20,
198,1
GRANTEE, City of poway
By~jjj~~ O/~~
Sherr.;e ,D. ' orrell, Deputy City Clerk
Title' ,Jeanne 'Bunch. Citv Clerk
Authorized Re'presentative
Date: f)~ 15, d-lfJ'/
, . .
17116
EXHIBIT A
BIOLOGICAL CONSERVATION EASEMENT
THAT CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON
LOT 32 OF CITY OF' POW AY TRACT NO.'98-02 HERITAGE RANCH
ESTATES, ACCORDING TO MAP NO. 14388, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
"C1\IJIFORNIA ON MAY 28, 2002, FiLE NUMBER 2002-0391382
OF OFFICIAL RECORDS.
. . EXHIBIT B' . 17117
.
-
L.ot32
Individual Lot Declaration
The Hentage Estates
Legend top/o,
PropertY Une ---- Slppe Location
?/Jen'Spacel --- /toe
asement line Droittage Swi:.Ie/ CulVeri
~StOf1pDiiiti = =
-==-:::=c:l
,S ewerTine ,- s- I 'I
Water Line - w- Building Envelnpe
Sewer Une Connection @ Common Area f///1
Wakr Une Connection @ Maintenance
Ea.remeniHCEA
Utili!). Connection: @ Maintained T Landscape
Easement HCEA
Y'kphonc,Cas, StreetUght ? Maintained
Elediic, TVC.bles
Lot Numb.r ---------. Fire Hydrant ~
LotSiz' 32
----------.. 5.46
Fil1isb,d Pad Acr~
EletJation ..----.780 Community Mailbox
Location
Open Space
Easement
Private
Drainage
Easement
/\
o~/ \
A \
,
/SldeYard \ ,tS> \
/ 'Setback \
/ ~ \ /
/
1 OO',Fuel Managem~
\. Zone I Setback - .
32 \. Owner Maintained "\ "
\ \ ' /
\ \
\ , \
\ 546 \ ,
0"" \ V~Dime",IOO
Acres \ North'
~Yard )
, , Se ack 780 -@-
,
"- \
\
\
. \ 0 so 100
\
\ /
',,/ Sr.zkinftet