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Conservation Easement Deed 2004-1137528 '\ . . DOC. 2004-1137528 .. ,; r. " --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" I . Conservation Easement Da .7095 i Page 2 measure along ,with payment of a ,Habitat In Lieu Fee of $400.00 (0.04 acres for balance of habitat ,.,. ,r ,. " _.' - -. ~. .' ,- - 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 . ,"'. . - - . 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; ,r " Conservation Easemerit 0_ . 17096: " page 3' , (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 - '" '.,.', 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. - - - - - 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 ..,.~- - ........". . . . -,. 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 . ....- . CALiFORNIA,ALL.PURPOSE ACKNOWLEDGMENT 17/0( ~ - - ~ I I 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- I 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 I I I I 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- I I 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: ,\ " @ 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 ~ {;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 - - - . '. 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 , ~ IV 88" SO' ZO'" IV 8/840 ' I\j N( ~Cl7 7/ ' ~ ~ , ~ ~ N ~3"~6'/rc C/,ry t?F ~ /.5.5.bi' ~ ,PdW,4 Y ~ B/t?~<:'G/C#t::. CO.IVScA",v#T/ClN' ~ \ E #.5El"1c.IV,r ~ ,PEA" r/{::E /Va , ZCJtH-OZ7tJ7S9 ~ . ,RcCOfi'.:?c.:? . ~ ~ ~ M,? Y 0 ZOOt ~ ~~~~ ;Jl 9077/ ' /0.9.9 83' 0 .:?#T# T#6't. € B/Ot. OG/C/lL COIVSEtf'V#T/ON / s89",U'ZtrE JO.OO' 69,SeHcNr TO T//e C/T)" Or z /v0"d7'f',:J"c f'/.5J' Pow,?)" 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