Conservation Easement Deed 2004-1137528
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. . DOC. 2004-1137528
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--i- 1111111111111111111111111111111111111111111111111111111111111111111111
~ . RE.GORDING REQUESTED,BY:
, CITY OF POWAY DEe 02,2004 2:46 PM
({jAWHEN RE'CORDED MAIL TO:, '<;)"cl
IJFFICLo.L F:ECORC"',
'",0,1-1 ['IEI~O coum, RECOF:['ER", nFFlCE
~ .. \1(\ 17lREGClF:'1 .1 9..jITH, courH'1 REClJF:[IER
, V CITY CLERK ' FEE'; I],Ul)
, CITY OF POWAY DC I-IP
, POBOX 789 po,GE',. 1~
POWAY CA 92074"0789 1~IM~~lllllllllml
,\~1&28
~PN 32,1-220-10 , 2004- '\ '
PROJECT NUMBER: MDRA 03-46 and,MDRA 03-44R
CONSERVATION E,b;SEMENJDEEb FER TAX $ 95 ~
DOCUMENTARY TRANS
THIS CONSERVATION EASEMENT DEED is made this ,;:{ day of tvv -.<."",be....-- 2004
by Bruce D and Jennifer R. Bowman, "Grantors"), in favor, of City,of Poway ("Grantee"), acting by and
through its Development Services Department, with reference.to the following facts.
RECITALS
A. Grantor is the sole <;>wner in fee simple of certain, real property in the City of PowCly,
County of San Diego" State' of C;alifornia, more particularly dElscribed in Exhibit "A" and Exhibit "B"
attached hereto and incorporated bythis-reference(the "Property"),
B. The Property.possesses wildlife and habitat values (collectively, "conservation values") of
great importance to the Grantee, the people of the City of Poway; the people of the State of California,
and the people of the United States.
C The Property provides high quality Coastal Sage Scrub. Coastal Sage Scrub is the
habit'!.! of the California GnatcatchElr, INhich is listed as a threatened sp,?cies on the Federa! Endangered
Species list. Two pairs of'Calif()rnia Gnatcatchers were observed on site. Conservation of this property
therefore will preserve habitatof a protected species),
D The City of Pgway 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 authoritytohQld easements for Ui,?se 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, a,nd
,management of fish, wildlife; native plants and the habitat necessary for biologically sustainable
populations of those species.
F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the
conse,vation, 'protection, restoration, enhancement and, ma6agement of fish, wildlife and native plants
and the h'abitats on which they dependundef the Endangered Species Act, 16 U.S.C section 1531 et
seq. (ESA), the' Fish and Wildlife Coordination Act, 16 llS,C Section 661-666c and other applicable
laws.
G. This Conservation Easement provides protection for 6.58 acres of land that contains
Coastal Sage,Scrub'habitat located within the City of Po way's Subarea Habitat Conservation Plan/NCCP
Focused Planning Area.
H. Grantor, intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity' in ,accordance with Covenants, Terms, Conditions and Restrictions
contained herein inexchahge for Grantee permitting ,Grantor's removal of 3.31 acres of Coastal Sage
Scrub habitat (1.99 acres for MDRA 03-46 and 1.32 acres for MDRA 03-44R). This is a mitigation
04..;ltJ"
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. Conservation Easement Da .7095
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measure along ,with payment of a ,Habitat In Lieu Fee of $400.00 (0.04 acres for balance of habitat
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mitigation not'covered with'easement dedi.~ation)for such removal'of3'31 acres of Coastal Sage Scrub.
/. Grantee agrees by accepting this'grantto h9nor the intentions of Grantor stated herein
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and to'preseNe ~nd to protectjn perpetuity the conserv~tion values of the property in accordance with
the terms of this Conseniation'Easement for the benefit of,this generation and the generations to come.
COVENANTS, TERMS. CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein,and pursuani to California law, inci~dlng Civil CClde Section 815,' et seq.,
Grantor hereby voluntarily deeds'andiconv",ys to Grantee cons",rvation ,easement in perpetuity over the
Property'of the nature and character'and to'the extenl'hereinafter set'forth ("Easement"j'.
1 Puroose. The purpose, ofthis ConseNation Easement is to ensure the Property will be
preserved'in a natural condition in perpetuity and to prevent any' use ofthe, 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 Rroperty to such activities, including without limitation, those
involving the preservation and: enhancement of native species and their habitat in a manner consistent
with the habitat conservation purposeslof this Conservation Easement:
2. Riqhts of Grantee., To accomplish the purposes of.this Conservation Easement, 'Grantor
hereby grantsand'conveys the followin'g rights to Grantee,and the State, of California Department of Fish
and Game as a third party beneficiary of this easement bYthis Conseniation Easement Deed:
(a) To preserve",arid protect in perpetuity the, conservation values of the Property in
accordance with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor:s
compliance with, and to otherwise enforce, the terms of, this Conservation Easement, including Grantor.'s
obligation to manage the property consistent with Grantor's duties as set forth in section 4, and for
scientific research and interpretive,purposes by Grantee or its designees; and'CDFG and its designees.
, (c) To prevent any activity on, or use of the Property that is inconsistent with the
purposes of this Conservation Easement and to require the restoration of such areas or features ofthe
Property that'm,!,y be damaged by any act,failure to act, or ariy use that is inconsistent with the purposes
of this Conservation Easement;
(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(d) To enforce by means including, injunctive' relief, the terms and conditions of the
Easement.
3, Prohibited Uses. Any activity on or use of the Pr.<:>perty inconsistent with the habitat
conseNation purposes, of this Conservation Easement and riot specifically reserved as"aTight of Grantor
is prohibited: Without liriliting the generality of the foregoing: t~" f9110wing uses by Grantor, Grantor's
agents, arid third parties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation PJan/NCCP
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, inconipatible fire protection activities and any and ciil other uses which may adversely affect the
purposes of 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;
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" Conservation Easemerit 0_ . 17096:
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(d) Erection ota.nybuilding, billboard, sign;
(e) Excavali'ng, dredging or removing of loam; gravel, soil, rock, sand or other
matelial;
(f) Otherwise .alt",ring'the general topography of the Property, including building of
,loads or changing the grade ot'the Property;
(g) Removing, d!lslroying, or cutting of t,ees, ~brubs, or other vegetation, except as
required! by law for (1) firebreaks; (2) maintenance of existing foot trails or roads, or (3) prevention or
.treatmentof disease.
(h) Planting of trees or other vegetation except by written permission from the City of
Poway,
4 Grantor's Duties. Grantor shall undertake allreasonable actions to prevent the unlawful
entry and trespaiis bY persO'ris whose activities may degrade ex harm the conservation values of the
Property In addition, Grantor ,shall undertake all necessary actic;>ns to protect Grantee's rights under
Section 2 of this Conservation.Easement. Grantor further covenantsithat'maintenance of the Property, to
wit: clean up of all tra'sh and deblis, shall be the Grantor's responsibility
5. Reserved Riqhts. ,Grantor res'erves to itself, and to, its personal representatives, heirs,
successors, and assigns, all rights accruing flom its ownership; of'the Property, including the. right to
engage in or to permit or invite others.to en'gage in all uses ofthe Property that are consistent with the,
purposes of this Conservation Easement.
6, Grantee's Remedies. ,If'Grimtee determines that Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, Grantee'shall give written notice to Grantor
of such violation and demand in writing corrective action sufficient to cure the violation. Grantee shall
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also notify the California Department of Fish and Game. If Grantor fails:td cure the violation'within thirty
(30) dilysafterreceipt of said written notice and demand from Glantee, or if the,curereasonably requir<:,~'
more th~n thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) day period
or fails to continue'diligently to'complete'the cure, Grantee,may'bring'an,action at.law or in equity in a
court of competent jurisdiction to enforce the, terms of this Conservation Easement, to recover any
damages' to whiSh Grantee may be entitled for violation by Grantor of the terms of this Conservation
Easement, to enjoin the violation, e_x"parte as necessary, byteniporary or permanent injunction without
the necessity of proving either actual cJamages or the inadequacy of otherWise available legal remedies,
or for other equitable relief; including, but not limited to, the'restoiatio'f1 ofthe Property to the condition in
-,. '~" " \', - Without limitin,gGrantor's liability therefore, Grantee
which it existed prior to any such violation or injury
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, Gcant",e may pursue
its remedies under this paragraph without prior notice to Grantor or without waiting for the period provid",d
for cure, to ,expire. Grantee's rights undel this paragraph apply equally to actual or threatened violations
of the terms of this Conservation Easement. Grantor andGr~nteeagreethat Grantee's remedies for any
violation ofthe terms of this,Conservation Easement is the injunctive reiief described in this section, both
prohibitive and mandatorY, in addition to such other relief to which Grantee may be entitled, including
specific performance of the terms of this Conservation Easement in each case, without the necessity of
proving either aCtual, damages 01 the inadequacy of ot~erwise 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.
If al:any time in the future Grantor or any subseqyent transferee uses or threatens to use
such lands for purposes' inconsistent with this Conservation Easement, Qotwithstanding Civil Code
Section 815.7, the California Attorney General 01 third-party entitles organized for conservation purposes
have standing"as interested parties in any proceeding affecting this Conservation Easement as against
Grantor
Conservation E~semenl:D.. 1709'1
P~g~4 " " 'o',o' ,... .." -o' ,. .
The,California D~partmenLof Fish and Game (CDFG) as a third party beneficiary of this
'eas~me-"t'~hall have,1.~e same: rights as:Grantee under this section to enforce the terms of the easement.
6:1' Costs of Enforcement. Any costs incucred"by'Grantee orCDFG in enforcing the
terms :of 'this ,Conservation Easement against Grantor, including; but not limited to, costs of suit and
.attorriey~"1ees, and' any o'C?sts of restoration necessitated by Grantor's violation or negiigenceunderth'e
'terms of this Conservation Easemeni shall be borne by Grantor
6.2. 'Grantee's 8iscretion: Enforcement of the terms of this Conservation Easement
by Grantee'or.CDFGshall beaUhe di,s~r,etion of Grantee and CDFG; and'a.py forbearance by Grantee or
CDFG to exercise its rights unger this Conservation Easement by Grantor shall not be deemed or
construed to be'a waiver by Grantee of such term or of any subsequ~ntbreach of the sar1]e or any other
term of this. Conservation ,Easement or of ~lnY of the Grantee's rights under this Conservaiion !=asement.
No deiay m omission by Grantee orc;DFGin the exercise of any right onemedy upon any breach by
Grantor shall impair such right o]'remedy or be construed as a waiver
6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation
Easement by Grantee shall be at the discretion of Grantee and CDFG,to bring any action against Grantor
for :any injury to change in the" Property resulting from causes beyond Grantor:s control, including, fire,
fiood, storm, and earth movement; or'any prudent action taken by Grantor,under emergency conditions to
prevent, abate, or mitigate significant' injury to the Property resultingfiom such causes.
6.4 Departmo'ent ofFish ,and Game Riqht of Enforcement. All rights and remedies
conveyeo to Grantee under,this Conser.vationEasement Deed shall extend.to and are enforceable ,by the
Department ofFish and Game or USFWS.
6,5. Fence Installation and Maintenance. Grantor shall install and maintain a 'fence
between the approved development area of the parcel and the, Conservation Easement Deeda[ea to
protect in perpetuity the conservation'values and function of the Property The type of fencing shall also
include posts and sign age. The Grantor shall obtain approval by the Grantee's Director of Development
Services regarding the specific location, type, and height ofthe fence prior to its- installation.
7 Propertv Manaqement.and Maintenance. Grantor and its'successors shall maintain the
Property in accordance with the,terfns,and conditions as set forth herein.
8 Access. This Conservation Easement does not convey a general right of access to the
public; however, ,after receiving ap-proval 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'CDE'G
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 reYated to,
th-e ownership: operation, upkeep, and mainten'anceoithe-Property
91 Taxes. Grantor'shall pay beforedeli~quency,all taxes, assessments: .fees,and
charges of whatever description levied o-n or assessed against the Property by competent auih~rity
(collectively "taxes"), including any ta)(~siTY)Rosed UPCln, 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 defe~d Grantee and
CDFG and its members, directors, officers, employe~s, agents, contractors, and their heirs, and
representatives,successors and assigns,(collectively "Indemnified-Parties'')'from and against all liabilities,
penaitie~, costs, losses, damag~s, ex'penses, causes of action; claims, demands, or judgments...;ncluding
without limitation, reasonable,iattorneys' fees, arising from or in any way connected with: (1) injury to or
the death ofa~yperson, or physical damages to any property resulting from any act, omission, condition,
or other matter related to or occurring on or about the Property, regardles~ of cause; (2) the obligations
specified in Sections 4, 9, and 9 t ana (3) the existence or administration 6fthisConservation Easement.
., C' t' E' 't'DA .1'098
onserva Ion asem,en '.
Page 5
9:3" Condemnation. The purposes of'the' Conservation :Easement are presumed to
be ihe ,best and most necessary"public use as defined at Code of Civil Procedure Section 1240680
~notwiihs(anaing C,ode ofCiviT'PfocedlJre'Sections 1240.690 and 1240.700.
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10. Assiqnment. This Conseryation Easem",nt may not be transferred, assigned, or
extinguished without the prior writt'Eln lapproval of CDFG, Grantee ,may assign its rights and obligations
unaer this Conservation Easement only to an entity or o[ga"nization authorized to acquire and hoid
,conservation easements pursuant to"CivilCode Section 815:3, Grantee shall require the assignee to
record the assignment in the' county where the 'Property is located.
1'1 Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easell1entin any oeed or otherlegal insirument by wh,ich Grantor divests itself of any interest in all or a
portion"ofthe .property, including, with9ut limitation, a leasehold intere?t. Grantor further agrees to give
written notice to Grantee or the CDFG of the intent to transfer any interest at ieast forty,five (45) days
prior to the date of such'transfer Grantee shall have the right to,prevent subsequent transfers in which
prospective,subs'equent claimants'or'transferees are not'given notice,of the covenants, terms, conditions
and restrictions 6f1thisConservation Easement. The faiiure of Grant~ror Grantee to pertorm any act
provided in this section shall not imp'air the validity ofthis Conserv1!tionEasement or limit its'enforceability
in any way Grantor, shall not 'grant':adcjitional easements or other interests in 'the property without the
prior written authorization of Grantee andCDFG.
12. Notices, All notices, demands, requests, con?ents,'approvals, or communications from
one party to another shall be personally'delivered or sent byfacsimile~to the persons set forth below or
shall be deemed given five (5) days after deposit in the 'United 'Siates mail, certified and postage prepaid,
return receipt requested and addressed as follows, or at such ;otheraddress as any party may from time
to time,specify to the other parties in writing:
To Grantor' Bruce D and Jennifer R. Bowman
13697 Shoal Summit
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 t6accept facsimile signed documents and agree to rely upon' such
documents as if they bore original signatures., Each party agree? !oprovide 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 mutuai 'written agreement approved in writing by" -CDFG. Any such amendment shall be
consistent with the purposes of this Conservation Easement and, shall not affect its perpetual duration,
Any such amendment shall be recorded in the official'records of San Diego County, State of California.
14 Recordation. Grantor shall, promptly record this'instrument in the official records of San
Diego County, 'California and immediately notify the Grantee and CDFG through the mailing of a
confirmed,'copy' of the. recorded easement.
.. 17099
c;oriservationEasemeQ! DI .
P?ge 6
15. General Provisions.
"(a) Controllinq Law The interpretation and performance of this Conservation
EasemenFshaiibe'governed by the laws of the 'State of Ca,lifornia.
(b) Liberal Construction, Any general r!]le of construction to the contrary
hotWithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
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purposes of this 'Conservation EasElment'and the policy and purpose,ofCivil Code Section, 815,et seq. If
any'provision in this instrumentis found to be ambiguous, an interpret"tion consistent with the purposes
of this Conservation Easement that would render the provision valid shall be 'favored over any
inb3rpretation thatwould render it invalid.
(c) Severabilitv: If a court of competent jurisdiction voids or invalidates,on its face
any provision of this Conservation Easement Deed, 'such action' shaii not affect the rerna!nder 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,Aqreement: This instrument sets forth. the entire agreement'of the:parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings: or agreements relating 'to the Conservation Ease"ment,'all of which are merged herein.
No alteration or variation of this instrumentshall be valid or binding uniess 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 'snilll"be binding upon, and inure to the ,benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as ,a
servitude running in perpetuity with the Property These covenants hereunder benefiting Grantee shall
also benefit CDFG.
(g) Termination:of Riqhtsand Obliqations. A party's rights and obliga.tions under this
Conservation Easement snail terminate ohly upon transfer of the, party's interest in the Conservation
Easement or Property, except ,thaFliability 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 ana shall have no effect upon its
construction or interpretation.
(i) Counterparts. The parties may execute this instrument in two or more
counterparts"\Nhich;shall,,in.,the aggreg?te, be signed by Grantor' and Grantee; each counterpart shall be
deemed an original instrument as against any party whCl has signed it. In the event of any disparity
between the couriterparts"produced, the recorded counterpart sh,,'" be controlling.
OJ Modification, This EasementJjs nClt subject to modification or amendment except
in writing and,signed by Grantor, Grantee,and CDFG or their'permitted successors or assigns.
(k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated
herein by reference,
(I) Appropriations. The duty of the City of' Poway and CDFG to carry out their
respective,bbligations'uhder this Easement shall be subject to the availability of appropriate funds.
(m)Effective Date. This Easement shall be effective upon recording wilh the San
Diego County Recorder:s Office:
., COri~ervation,Easemen.t D_ . 17100
Page 7
IN WITNESS:THEREOF, Grantorand:Grantee have'entered ihto,this Conservation Easement the
day and: year (irsta.bove written,
GRANTO~:
Bruce D and Jennifer R. Bowman, .Property Owners
By' JrA40 124F7Y" .-
uce D Bowman
~~t ~~
Approved as to Form:
Office of the City Attorney
Tamara Smith, City AttoM
BY'~'
Tamara Smith, City Attorney
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CALiFORNIA,ALL.PURPOSE ACKNOWLEDGMENT 17/0(
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State of California J } ss
I' County of ~ I V Ce;, 0
I' On /vttlc711C0f\ 2. 2()l beforerne,4JYi.o )j:&Il!/J 'vJ//}1e/ !tt/3U L-
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I Date ~ JeandTi~eOfOf1iCer((r- "~lneDoe)~tryPUbliC") p
personally appeared '/fCI::-- i ,/1// JJ i.Al41 H ,,' 0
Name(s)olSigner(s)
I ~erSOnallY known to me
I,
I, roved t.o me on the basis of satisfactory
evidence
I@-~=~~-I to be the person(s) whose narne(s) XJare I
I subscribed to the within instrument and I
~ .~.. Notary PubIc' CatItomIo f acknowledged to rne that ~s}le/they executed
- , San DIego CountY - the same in fllG/i'tllr/their authorized
j _ _ _ ~:":"':.~"':"9.:.2~jt capacity(ies), and that by r\il;/~/their i
signature(s),on the instrurnent the person(s), or ]
I the entity upon behalf of which the person(s) ]
I' acted, executed the instrument.
I
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OPTIONAL I
Though the infonnation below is not (f]quired by law. it may prove valuable to persons relying on the document and could prevent I
fraudulent removal and reattachment of this form to another document.
Description of Attached Document ,I
Title or Type of DocurnentUU(5tX'v.,Q17u;1! fA59J7(:'~ t.~ I
I
Docurnent Date: Z No/ 20() Y Number of Pages: II
I, Signer(s) Other Than Named Above: -,- ~/fI2+ S/;; I T'rI-
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Capacity(ies) Claimed by Signer I
I, I
Signer's Name:
I o Individual Top of lhumb here
I o Corporate Officer - TIlie(s):
I' o Partner - 0 Limited 0 General
I o Attorney-in-Fact
I o Trustee I
I o Guardian or Conservator
I o Other'
Signer Is Representing:
,\
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@ 1999 National Notary Association. 9350 De SolO Ave" P,O, Box 2402 . Chatswllrth, CA 91313-2402' I'I/Ww.natlonalnotary.org Prod. No. 5907 Aeorder'CallTQII-Fres '.BO<J-8766827
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{;on:,ervation EaSemerit:o. .
P<ige 8 \ 11()2.
CERTIFIGATE OF ACCEPTANCE
This is toCertify..that the interest in, real property conveyed by'the Conservation Easement by
(Propertv Owner (s)"dated; Novemper 2, 2004 to th~ -Gity of Poway, Grantee, and to the
California 'Department of Fish and Game, as a third par;ty bene.ficia[Y, a governmental agency (under
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Government Code Section 27281);, is hereby,accepted by'theu,ndersigned officer on behalf of the City of
Poway, pursuant.to authority conferred by Resolution No. 34 of the City of Po way on January 20,1981
1
GRANTEE, City of Poway
B~~
erneu, orre " eputy Cl ty Cl erk
Title: Jeanne Bunch, Interim Citv Clerk
Authorized Representative
Date: November 15, 2004
m:\planning\cmr\mdra0344 dfg conservation easement deed. doc 1/04
..
. . 17103
EXHIBIT "A"
LEGAL DESCRIPTION
BIOLOGICAL CONSERVATION EASEMENT
A BIOLOGICAL CONSERVATION EASEMENT OVER A PORTION OF LAND
LYING WITHIN PARCEL 3 OF PARCEL MAP NO 103]3, IN THE CITY OF
POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
AUGUST 7, 1980, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3, THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 3, NORTH 00 07' 40" EAST,
500] FEET, THENCE SOUTH 890 52'20" WEST, 30 00 FEET, THENCE NORTH
0007' 40" EAST, 41.53 FEET TO THE WESTERLY LINE OF SAID PARCEL 3 ,
THENCE ALONG THE WESTERL Y LINE NORTH 350 58' ]3" EAST, 2]415 FEET,
THENCE NORTH 2203]' ]4" WEST, 133 15, THENCE NORTH 43026' ]6" EAST,
]5562 FEET, THENCE NORTH 50 22' 20" WEST, 1700 FEET, THENCE NORTH
56007' ]3" EAST, 33 00 FEET, THENCE NORTH 470 46' 45" WEST, 43 00 FEET
TO THE WESTERLY LINE OF SAID PARCEL 3, THENCE ALONG THE
WESTERL Y LINE NORTH 50 22' 20" WEST, 8700 FEET, THENCE SOUTH 80' 22'
20" EAST, 26 00 FEET, THENCE SOUTH 550 5]' 30" EAST, 4450 FEET, THENCE
SOUTH 860 52' 20" EAST, 58.50 FEET, THENCE SOUTH 650 22' 20" EAST, 62,00
FEET, THENCE SOUTH 240 37' 40" WEST, 5 00 FEET, THENCE SOUTH 730 38'
00" WEST, 25 00 FEET, THENCE SOUTH J60 22' 00" EAST, 20 00 FEET, THENCE
NORTH 730 38' 00" EAST, 4000 FEET TO A POINT ON A 50 00 FOOT RADIUS
CURVE CONCAVE SOUTHWESTERL Y, A RADIAL LINE WHICH BEARS SOUTH
73038' 00" WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 56000' 00", A DISTANCE OF 48 87 FEET, THENCE
SOUTH 39038' 00" WEST, 27 40 FEET TO A POINT ON A 10000 FOOT RADIUS
CURVE CONCAVE SOUTHWESTERLY, A RAD]AL LINE WHICH BEARS SOUTH
]0057' 09" WEST, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 640 22' 09", A DISTANCE OF] ]2.34 FEET, THENCE
SOUTH 360 35' 00" WEST, 92.00 FEET TO THE BEGINNING OF A 10000 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00", A
DISTANCE OF ]5708 FEET, THENCE SOUTH 530 25' 00" EAST, ] 00 FEET,
THENCE SOUTH 2034' 50" WEST, 36 91 FEET, THENCE SOUTH 800 ] 8' 00"
EAST 67 67 FEET, THENCE SOUTH 530 25' 00" EAST, 3] 00 FEET TO THE
BEGINNING OF A ] 0000 FOOT RADIUS CURVE CONCA VE NORTHEASTERL Y ,
THENCE NORTHEASTERL Y ALONG SAID CURVE THROUGH A CENTRAL
. . .
17104
-2-
EXHIBIT "A"
ANGLE OF 900 00' 00", A DISTANCE OF 15708 FEET, THENCE NORTH 360 35'
00" EAST, 92,00 FEET TO THE BEGINNING OF A 10000 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, THENCE NORTHERL Y ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 00' 00", A DISTANCE OF 15708 FEET,
THENCE NORTH 53025' 00" WEST, 98.00 FEET, THENCE NORTH 300 00' 00"
EAST, 5700 FEET, THENCE NORTH 23030' 00" WEST, 63 00 FEET, THENCE
NORTH 490 30' 00" EAST 4000 FEET, THENCE NORTH 40 00' 00" EAST, 80 12
FEET, THENCE SOUTH 880 50' 20" EAST, 243 82 FEET TO THE WESTERLY
LINE OF LAND DESCRIBED IN DEED TO THE CITY OF POW A Y, RECORDED
MA Y 1,2001 AS FILE NO 2001-0270758 OF OFFICIAL RECORDS, THENCE
ALONG SAID WESTERLY LINE SOUTH 00 48' 20" WEST 70316 FEET TO THE
SOUTHERL Y LINE OF SAID PARCEL 3, THENCE ALONG THE SOUTHERLY
LINE NORTH 880 44' 49" WEST, 692.12 FEET TO THE TRUE POINT OF
BEGINNING
CONSISTING OF 6.58 ACRES.
PREPARED BY
Pld!~
MIKE R. SLATER, P.L.S 6706
,
EXHIBIT 'B' 17105
BIOLOGICAL CONSERVATION EASEMENT PLAT
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