Loading...
Conservation Easement Deed 2004-1067885 - ~', . 721 7 [) ., I - - 4 IU "('1('1' -1' 'I"', ,.; ;,<f" _ - .-' 0::... v ._.' '\.... lJ II (~" J J iiill ! ill' i! 11'1 Iii i I iii! 'iW;'I"I'1 REC'ORDING REQUESTED BY: i l!lii,!!U 111:11111111111111111111111" II!fl illllllll: illllll,1 illl CITyOFPOWAY' NOV 10 2004 10'18 A/vi __ . _ I)FFII~,I.~'\l r~EC',)i~:[I'-: WHEN RECORDED MAIL TO: '",".11 U!ECiCI I', ILlI'11 , m:CC'c,[H '.' u,f'ii'[, CITY 'CLERK .1~~~_F_IlI-IF{, I ,:.~,,"I fH CI~:Ur'n, FjU".CI~;li!J " '" _ -, _' r-EE:. IIII!I IN" CI,TYOF POWAY 0': II" , f PO BOX789 Fol." ! I ~~S POWA Y CA,92074'0789 ! iillllll!!! II/II IIIIi illl! 1IIIi 1I1/11I1111I111 illii lIill 11111 II//IIII!I Ililllll o '}, APN 277-220-27 , 2004A067885 \ Project No MDRA 03-92 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT DEED is made this 22nd day of October 2004, by MVA Development, LLC ("Grantor''l. in favor of City of Ro~ay ("Grantee"), acting by and through its Development Services Department, with reference to the following facts. RECITALS A. Grantor is the sole owner in fee simpie of certain reai property in the City of Poway, County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporatedby'this,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 ofthe United State's, C The Property provides high quality Coastal Sage Scrub Coastal Sage Scrub is the habitat of the California Gnatcatcher, wiiich ,is listed as a threatened s'pecies on the Federal Endangered Species list. Conservation ofthis property therefore will preserve habitat'of a protected species. D The City of Poway iSiauthorized to hold conservation: easements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant.to California Civic,Code Section 815.3(b). E. The State of Califgrnia, by and through its De>partment of Fish and Game (CDFG), has jurisdiction, pursu,,!nt 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 populations of those species F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, proteCtion, restorati6n, enhancement and management, of fish, wildlife and native plants and the habitats ,on which they depend under the Endangered Species Act, 16 U.S.C section 1531 et seq. (ESA), the FishandWildlifeCoordination Act, 16 U.S.C section 661-666c and other applicable laws. G. The Biological Resources 'Analysis prepared by P&D Environmental dated January 2000 for'subdivision TTM 98-02, "Heritage II Estates BiologicalTechnical Report", identified impacts to Coastal Sage Scrub (CSS) habitat. Mitigation of impacted habitat was resolved' as part of the Final Environmental Impact Report, Sch, No. 98091083, through the preservation of ' open space easements on each parcel throughout the subdivision. Open space areas were identified on the map no. 14388, filed in the office of the County Recorder of;,San Diego County, California on May 8, 2002, file number 2002"0391382 for impacts to CSS. Recordati6n:ofBiological Conservation Easements'will ensure preservation of areas set aside for coastal sage s'crub habitat. H, Grantor .intends to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions 04 ,~05 . . . 7218 Conservation Easement Deed Page 2 contained herein in exchange for Grantee pemiitling Grantor's construction of a single"family residence within Heritage II Estates. I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and t6 preserve and to protect in perpetuity the conservation values of the property in accordance with the terms of this Conservation Easement for the benefit of this generation and the generations to come. COVENAN'T'S. TERMS, CONDITIONS AND, RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to Caiifornia law, including Civil Code Section 815, et seq., Grantor hereby voluntarily deeds and, conveys to Grantee conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement"). 1 Purpose, The 'purpose of this Conservation Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair or interfere with the conservation values of the Property Grantor intends that th is Conservation Easement will confine the use of the Property 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 purposes of this Conservetion 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 as a third party beneficiary of this easement by this Conservation Easement Deed: (a) To preserve and 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 resto[ation of such areas or features of the Property that may be damaged by any act, failure to act, or any 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 onhe Property; and (e) To enforce by means including, injunctive relief, the terms and conditions of the Easement. 3. Prohibited Uses, Any activity on or use of the Property inconsistent with the habitat conservation purposes of this Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, a~d third parties, are expressly prohibited unless specifically provided for through the Poway Subarea Habitat Conservation Plan/NCCP (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all 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; , , . . 7219 Conservation Easement Deed Page 3 (d) Erection of anyl5uilding, billboard, sign; (e) Excavating, 'dredging 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 gradecof 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 foot trails' or roads, or (3) prevention or treatment of disease. (h) Planting of trees or other vegetation except by written permission from the City of Poway 4 Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry 'and trespass by persons whose activities may deg~ade or harm the conservation values of the Property In addition, Grantor shall undertake all necessary acti.ons to protect Grantee's rights under Section 2 of this Conservation Easement. Grantor further covenantsthat,maintenance of the Property, to wit: clean up of ail 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 Property, including the right to engage in or to permit or i,nviteothE!rs\o 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 violation of the terms of this Conservation Easement or that a'violation is threatened, Grailtee shall give written notice to,Grantor of such violation arid demand in writing ,corrective action sufficient.'to cure the violation. Grantee shall also notify the California Department of Fish 'and Game. If Grantor fails to cure the violation within thirty (30) days after receipt of said written notice and demand from 'Grantee, or if the cure reasonably requires more than 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 which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy ofoth'i'rwise 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 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 damag'e to the conservation v,alues of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragreph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor and Grantee'agreethat Grantee:s remedies for any violation of the terms of this Conservation Easement is the inJunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement in each case, without the necessity of proving either a,ctual 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 existif}g at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq" inclusive. If at any time in the future Grantor or'any subsequ"nt transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or third-party entitles organized for conservation purposes conservati~n Easement Del . 7220 Page 4 have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (yDFG) as a third 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 Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easementshall be borne by Grantor 6.2, Grantee's Discretion, Enforcement of the terms of this Conservation Easement by Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under this 'Conservation Easement by Grantor shall not be deemed or construed to be a waiver' by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee or CDFG, in the exercise of any right or remedy upon any breach by Grantor shall impair such'right 6r,-remedy or be construed as a waiver 6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement by Grantee shall be aHhe 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, 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. 6.4 Deoartment of 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 orUSFWS. 7 Metal Fence Stake Installation and Maintenance. In order to identify and demarcate the boundaries of the Conservation Easement Deed area (property) 18745 Heritage Drive, APN 277-220-27, within ninety days, the Grantor shall install and maintein metal fence stakes (T-stakes painted white) six (6) feet in height [2 feet below grade and .4 feet exposed above grade] as follows: A stake shall be installed at the property line at the point of intersection with the easement boundary line and also instailed at intervals of seventy-five (75) feet along the length of the easement boundary line. The purp.ose of this staking is to identify to the lot 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 Exhibit "B" (easement plat) attached hereto. 8. Access. This Conservation Easement Deed does not convey a general right of access to the public. 9. Costs and Liabiliiies. Grantor relains all responsibilities and shall, bear all costs and liabilities of any kind'related to the ownership, operation, upkeep, and maintenance of the Property g 1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively '.'taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, 'and shall furnish Grantee and CDFG with satisfactory evidence,of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and representatives, succ'essors and assigns (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expens~s, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damages to any property resulting from any act, omission, condition, or other matter related'to or occurring on or about the Property, regardless of cause; (2) the obligations specified in Sections 4, g, and 9.1, and (3) the existence or administration of this Conservation Easement. C '.. E O.d . 7221 onservatlOr:l,C1sement ee Page 5 9,3Condemnati6n. The purposes of the Conservatjon Easement are presumed to be.the' lJest and most necessary public use as defined at ,Code of C;ivil Procedure Section 1240680 notwithstanding Code of Civil Procedure Sections 1240:690 and 1240700 10 AssiQnment. This Conservation Easement may not be tr<:)nsferred, a~signed, or extinguished without the prior written approval of CDFG.Grahtee may assign its rights and obligations under this Conservation Easement only to an entity or o-rgahizati6n' authorized to acquire and hold ~" -,... . - . . ~ conservation easements pursuant to Civil Code Section 815,3. Grantee shall require the assignee to record the assig-Il"ment in the cOLJntywherethe Property is located. 11 Subsequent TranSfers. Grantor ,agrees to 'incorporate the terms of this Conservation Easement in any deed or other legal, instrument by which Grantor divests itself of any interest il1 all or a portion of the Property, including,,\Nithout limitation, a leasehold int~'rest. Grantor further agrees to give written notice t6 Grantee or the CDFG of the intent to transfer any illterest at least forty-five (45) days prior to the date of such transfer Gramee shail have the right to prevent subsequent'tranSfers in which prospective subsequent claimants or transferees are not'given notice oUhe covenants, terms: conditions and restrictions of this Conservation' Easement. The failure of Grantor or Grantee to ,perform any act provided in this section shall'not im'pair the validity of this Conservation Easement or limit its enforceability in any way Gra.ntor shall' not grant aaditional easements or other -interests in the property without the prior written authorization of Grantee aridTDFG 12, Notices. All notices, demands, requests, consents, approvals, or.communications from one party to another'shall be perscmaliy. delivered or sent.by facsimile to the persons set forth below or shall be deemed given five (5j:daysiafterdeposit in the United StatesJnail"ceitified 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' MVA Development, LLC PO Box 9284 Rancho Santa Fe, CA92067 To Grantee: City of Poway PO Box 789 Poway CA 92074 With a copy to: Department of Fish and Game Natural Community. Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed documents and agree to rely upon' such documents 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. 13 Amendment. This Conservation Easement may be amended by Grantor and Grantee only by mutual writteri ag'reement 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 amendmenl'shalLbe recorded in the offlciai 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 ia'rid immediateiy notify the Grantee and CDFG through the mailing of a confirmed copy-of the recorded easement. 15. General Provisions, (a)ControlliriQ Law' - The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California. Conservation Easement o! . 7222 Page 6 (b) liberal ConstruCtion. Any general rule of construction to the contrary not",itt,standing, this Conservation Easerrllint shall be liberally,constnjed in favor of thE!. deed to effect the purpose~)of tl1is<:;onservationEasement and'the policy and purpose'ofCivil Code Sectioni815, etseq. If any" Pfovi~ion in this instrument is found to,be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shail be favored over any interpretation that wouid 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 shall not, affect the remainder of this Conservation Easement Deed. If a,courLof 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',o'ther persons or circumstanses, (d) Entire Aqreement. This instrument setsOforth the entire agreement of the parties with respect to the Cbn'servati6n Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement, all of which are merged herein, No alteration or variation of this 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 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 perso~al 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 Riqhts and Obliqations, A party:s,rights and obligations under this Conservation Easement shall terminate 'only upon transfer of the party's interest in the Conservation Easement or Property, except'that 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 n'ot a part of this instrument and shall have no effect upon its construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the ,aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced. the,recordedcounterpart shall be controlling, U) Modification., This Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted ,successors or'assigns, (k) Exhibits, All Exhibits referred to in this Easement are attached and incorporated herein by reference. (I) Abbropriations. The duty of the City of Poway and CDFG to carry out their respective,obligations unaerthis Easement shall be subject to the availability of appropriate funds. (rn) EffeCtive Date. This Easement shall be effective upon recording with the San Diego County Recorder's Office, Conservation Easement o! . 7223 Page 7 IN WITNESS'THEREOF, Grantor and Grantee have entered irllo this Conservation Easement the day and'yearflrst above written. GRANTOR: By' :;;;'"' cec 'ro~~ O~" Its '1>""5 Ir\ L'^^, Approved as to Form: Office of the City Attorney Tamara Smith, City Attorney BY~~ Tamara Smith, City Attorney M:\planning\peggy\mdra2003\MDRA 03w92 Conservation Easement Deed.doc . . 7224 CALIFORNIA, ALL.PURPOSE ACKNOWLEDGMENT I I I State of California. J } County of Y;/1/ I-;CZ 0 ss. : On rfc::r2 Z, zoa! before me, !?Yi US ~A/// ;/J1?!7fy A~I Date I Name and Title of Officer (e,g.. "Jane Doe, Notary Pubhc") : personally appeared /J I::... a- Name(s) of Signer~s) I D personally known to me ~oved to me on the basis of satisfactory [ evidence I, to be the personM whose name(M is/arK subscribed to the within instrument and J~, - - ..-., -- - -- -", -, - - - ~ acknowledged to me that h~/sllf!lth)ly. executed ~,:_.,.. PHYlUS SlfINN the same in hIS/ti:ailth~ authorized ~' .....' Ncommlssion # 14~ capacity(i~ and that by his/h'ir/th~ J' " ot:, PubIJc . c~, ,~ signature('si on thei,nstrument the person($l, or ,I MyccimmDlego CoUnty, i the entity upon benal! of which the person(~ _ _ _ _ :.... _ :..~~9..:..~ acted, executed the. instrument. I :J Signature of NotaryPubhc 1 OPTIONAL Though the information below is not'required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remo.val and reattachment of this form to another docjiment. Description of Attached Document I Title or Type of Document: I [ I Document Date: Number at Pages: 'I [ I [ Signer(s) Other Than Named Above: [ Capacity(ies) Claimed by Signer I, Signer's Name: I I . r D Individual Top of thumb her.. D Corporate Officer - Tllle(s): I D Partner - D Limited D General I, D Attorney-In-Fact D Trustee I [ D Guardian or Conservator D Other' Signer Is Representing: - ~ @1999NatlonaINotaryAssociation.9350De Soto A~e" P.O. BN 2402. ChaISWOI1h. CA 91313-2402' \\'ww.nationalnotary.org Prod. No. 5907 Reorder: Call TOil-Free 1-eoo-876-6827 . . 7225 .' EXHIBIT A BIOLOGICAL CONSERV ATIONEASEMENT THAT CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON LOT 27 OF CITY OF POW A Y TRACT NO. 98-02 HERITAGE RANCH ESTATES, ACCORDING TO MAP NO. 14388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382 OF OFFICIAL RECORDS. . . . 7226 EXHIBIT B '\ Lot27 Individual Lot Declapation The Hentage Estates \l!f;:.;------7---W----T~ .. J...... _ _ ____ ':" 6' ParkWay- l' ~-Side::YarQ HCEA' ~ \ : ~etbac~' 50 Maintained Access Easement I 27 .FfOI1'Ya /--J_ ~="'" ." i:':'o" S.~back r Landscaoe ~'~, I Easement 'w HCEA I .';O:f,' ,'! Maintained I Acres:;, ..~: i\ 1"745:,"",,1 'Easement Zone I Setback - I I,>"i iSldey\.rd "< \ ~"'.""..I' I: y;;Sett>ack \:...."-_- 0 __..- , I U -_-'t- -- \ --'~ -- _----10'\' "- .- -- -- Legend top> PropertY Line ----- Skpe L;cation ~en Sp"" --- toe aumen! Une Drainage Swak/ Culvert Storm Drain "=---~ ' = = Sewer Line -. - I- I Water Line -..-- Building Envekp' North Sewer Lite, Connection @ Common Area ~ ~ Water rine Connectjaf1 @ Mmnienance Easement HCEA Unliry Connedion: @ Mdintained TekphoncJ,Ga.r, 0 tOO 200 Electric, 1V Cables Street Light .k Fire Hydrant ~ Scak in feet L;t Number --------------.. L;t~~ 27 ------';,5.04 Finished Pad Am> Elevation ~745 . . . 7227 Conservation Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement by MVA Development, LLC, dated October 22, 2004 to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third party' beneficiary, a governmental agency (under Government Code Section 27281'.), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981 GRANTEE. City of poway By' Title Jeanne Bunch, ,Citv Clerk Authorized Representative Date: October 27, 2004