Conservation Easement Deed 2004-1215125
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. Irs. > > )[:;1'1 2004-1215125
SUlH)IVISlON MAlll
\~ RECO~plt-lG~~9UE~HED BY' ~ I 1l1li1111111111111111111111111111111111111111111111111111111111111111
' CITY OFPOWAY I~
WHEI\fRECORDEDMAIL TO' \\f DEC27, 2004 3'00 PM
OFFICI~.L RECORC",
CITY CLERK ()0tJ/'I '-,,;:..JJ [IIU;D COUt'JT'1 RECOF:[IER"-, OFFICE
efTY OF POWAY r LiF=:Ebl]F,'1 .1 C;r...1ITH cour.n'l F:ECOF:[IEF:
PO'BOX 789 I\) y FEE'J o.ou
../ ue 1'1.0
p0WAY CA 92074-0789 \ L.()' 1-:;'1:.I1E:' 11
C;V~ ....'- I!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111 11111 11II1111111111111111111
APN 277~220-2~ 14023
Project No MDRA 03-83 2004-1,2,1'5,125
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CONSERVATION EASEMENT DEED
THIS CON::;ERVA TION EASEMEf{TDEEp is made thisll day of (D{l.f L-~\~>t'2004, by Carl M,
Layman ("Grantor"), in favor of City of PO,way ("Grantee"), acting by and through its Development
Services Departnient, 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 California, more particularly described in Exhibit "A" and Exhibit "B"
, '
attached hereto and incorporated by,thisreference (the "Property"),
B. The Property, possesses wildlife and habitatvalues (collectively, "conservation values") of
great importance to the Grantee, the people of the City of Poway, the people of the State of California,
ahd the people of the United States,
C The Property pr'ovides high quality Coastal Sage Scrub Coastal Sage Scrub is the
habitat of the California Gmltcatcher, which'is listed as a threatened species on the Federal Endangered
Species list. Conservation of this prope'rtytherefore will preserve habitat'of a protected species.
o The City of Poway, is authorized to hold"conseNatien easements for the preservation of
land in its natural, scenic, agricultural,historical, forested, onjpen space condition. The City of Poway
has authority to hold'easementsfer,;tliese p-urposes 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 arid Game Code Section 1802, over the conservation, protection, and
management of fish, wildlife, native plants and the habitat neces.sary for biologically sustainable
populations of those'species.
F The United States Fish and Wildlife Services (USFWS) ha)' j~risciic;!.i()n over the
conservation, protection, restoration, enhancement and manag!"ment of fish, wilcilife 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 Fish and Wildlife Coordination' Act, 16 U.S.C. section 661-666c and other applicable laws,
G The Bioiogicai Resources Analysis prep'ar",d 9Y Pg.D E:.nvironmental dated January 2000
for subdivision TTM 98:92, "l;1eritage II Estates,Biologicaj TechnicC!I'Repor\"; identified impacts to Coastal
Sage. Scrub (CSS) habitat. Mitigation of impacted habitatwas;resolved as part of the FinalEnvironmental
Impact Report, Sch. .No 98091083, through the, preservation of open space easements on each parcel
throughout the subdivision. Ope,n !,pace areas, were identified on the map no 14388, filed in the office of
the County Recorder of San !;liege County, California on May 8, 2002, file number 2002-0391382 for
impacts to CSS. Recordation of Biological Conservation Easements willensure preservation of areas set
aside for coastal sage scrub habitat.
H, Grantof'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
l?4'~
, Conservation Easement DI . 14024
Page :2 cootained,herein i[1 exchange for Grantee permitting Grantor's construction of a, single-familpesidence
within Heritage~IIEstates.
I Grantee .agrees by,'accepting this grant to honor the intentions of Grantor stated herein
and to preserve"and to protect in perpetuity the conservation 'values of the propeity in accordance with
the terms of this Conservation Easement for the benefit of this generation and the generations to come.
COVENANTS. TERMS, CONDITIONS AND RESTRICTIONS
In cons ide-ration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq.,
Grantor hereby voluntarily deeds aha c'onveys to Grantee conservation easement in perpetuity over the
Property of the nature and characterand'to the extent hereinafter set forth ("Easement"),
1 Purpose. The purpose',of this Conservation Easilment'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 this Conservation
Easement will confine the use ot'the Property to such -activities, including 'without limitation, thOSe
. - -- .. _ -.- - i -,
involving. the weservationand enhancerTl.ent of native species and their habitat in a manner consistent
with the habitat conservation purposes ofthis Conservation Easement
2. Riqhts of Grantee. To accomplish the purposes of this CCJnservation 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 otherwiseenforce,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 Easemehtand to require the restoration 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 of the Property; and
(e) To enforce by means including, injunctive relief, the terms and conditions olthe
Easement
3 Prohibited Uses, Any activity on or use of the Property inconsistent with the habitat
conservation purposesJiJf'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, and 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 Po way, and. then only over existing roads,
(c) Grazing or surface entry for exploration or extraction of minerals;
Con~ervation'Easement DI .
Page 3 14025
(d) Erection of any building; billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
,material;
. (f) Otherwi,se 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) maiiltenance 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 prevenHhe unlawful
eiltry and' trespass' by persons whose activities may degrade or harm the conservation values, of the
Property' In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under
Section 2 of this Conservation Easemeilt. .Grantor further covenantsthat'maintenance onhe Property; to
wit. clean upof all trash and debris, shall bethe'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; inpludi~g the rignt to
engage in or to 'permit or invite others to engage in all uses of the Property tharare consistent with the
purposes of this Conservation Easement.
6. Grantee's Remedies. If Grantee determines that Grantor is in vioiation of the terms of
this Conservation Easement or .that 9 viola,tion is threatened, Grantee shall give writte,n notice to Grantor
of such vioiation and demand in writing corrective action sufficient to" cure the violation. Grantee shall
also notify the California Departmen(ol,F'ish and Game. If Grantor fails t<:> cure the violation within thirty
(30) days after receipt of said writteil 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 compiete' the cUre, Grantee may briilg an action at law or inequity 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 eitheractual"damages or the inadequacy of otherwise available legal remedies,
or for'otheiequitable relief, includiilg, but ilot limited to, the restoration of the Property to the condition in
which it existed prior to any such violation ordnjury 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 discretioil, determines that circumstances require immediate action
to prev~nt or:mitigate significant,damage to-the conservation valUes,ofthe Property, Grantee may pursue
its remedies under this paragraph without prior notice to Grailtor or withoutwaiting for the period provided
for cure to expire, Grantee's rights under this paragraph .apply eqUally to actual or threatened violations
of the terrT),~ of this'Conservation .Easement. Grantor and Grantee agree that Grantee's remedies for aily
violation of thetermsof this Cons~rvation Easement is the ,injunctive relief described in this section, both
prohibitive and mandatory, in addition to such other relielto which Grantee may be entitled, including
specific performance of tne terms,'of this Conservation Easement in each case, without the necessity of
proving either actu~1 damages or ,the, in,adequacy of otherwise' available legal remedies. Grantee's
remedies described in this section shall be cumulative and shall be in aadition to all remedies now or
hereafter existing aUaw or in equity, including but not limited to, the remedies set forth in Civil Code
Section 81'5, etseq., inclusive.
If.atany time in the future Grantor or any subseqUent 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
Con~ervation Easement De! · 14026
Page 4
have,standing as.interested parties in any proceeding affeCting this Conservation Easement as against
Grantor
The California Department of Fish and Game;(CDFG) as a third party beneficiary of this
easement shall have the same rights as Grantee under thissectibn 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 restorati00 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 oftheterms 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 t6is '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,arly'of the Grantee's'rights under this Conservation Easement.
No delay oT.ornis~ion by Grantee or Cph3 in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy orbe construed as a waiver
6.3. Acts Bey-ond .Grantor's Control. Nothihg contained in this Conservation
Easement by Grantee shall be attne discretion of Grantee and CDFG to bring anyactibn against Grantor
for any injury to change in the Property resulting from causes beyond Grantor's control, ihcluding, fire,
flood, storm, ahd earth movement, or,'ahy prudent action taken by'Grantor uhder 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
conveied to Gr<3ntee.'under'this Conservation Easement Deed shall 'extend to and are enforceable by the
Department ofFish and Game orUSFWS.
7 Metal Fence Stake Installation and Maintenance, in order to ident'lfy and demarcate the
boundaries of the Conservation Easement"Deed area (property) 18725 Heritage Drive, APN 277-220~29,
within ninety days, the Grantor shall'installand maintain metal fence stakes (T~stakes painted white) six
(6) feet in height [2 feet below grade ~lnd 4 feet exposed above grade] as follows: A stake shall be
installed at the property line atthe.pointof intersection with the, easement boundary line and also installed
at intervals of seventy-five (75) feet along::the length of the easement,.boundary line. The,purpose 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 Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities'of any kind'related to the ownership, operation, upkeep, and maintenance of the Property
91 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: ana 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, ag",nts, contractors, and, their heirS; and
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties"costs, losses;,damages, expenses,causes of action, claims, demands, or'judgments, including
without limitation; reasonable atiorneys' fees, arising from Or hi any 'f{ay connected with: (1) injury to or
the,death ofany,persoQ, ()rphysical damages to any property resulting from any act, omission, condition,
or other matter relate9 to or occurring on or about the Property, regardless of cause; (2) the obligations
specified in Sections 4, 9, and'9.1, and (3) the existence or administration oUhis Conservation Easement.
, Conservation Easement De!' · 14027
Page 5
9.3. Conoerr111ation, The purposes of the Conservation Easement are' presumed to
be thebesti and mostriecessary public use 'as defined- at 'Code of' Civil Procedure Section .1240.680
.i1otWithstandingCoded'CiviIProcedure Sections 1240.690 and 1240 ioo.
10 ,Assiqnment. This' Conservation Easement. may not be transferred, as'signed, or
extinguishec:J vyitl]ouHhe prior writtElU'approval of CDFG Grantee!mayassigri' its rights and obligations
under this ,Conservation Easement only ~to an entity or organization authorized to acquire and holo
conservation easements pursuant tgC'ivilCode Section 815.3. Grantee shall' require the assignee to
record th!l assignment in the county where the Property is located.
11 Subsequent Transfers', Grantor agrees to incorporate the terms of this Conservation
Easement ill any deed or other leg'!l instrument by which Grantoi divests itself of any interest in all or a
portion ofthe Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to' Grantee or the, CDFG'of the intent to transfer any interest at least forty-five (45) days
priorto tl]edate of,such tra[1sfer Grantee shall have the right to prevent subsequent transfers in which
prospec,tive subsequent:c1aimants or transferees are not given notice eifthe covenants, terms, conditions
andrestricti6ns.of this Conservation Eas'ement. The failure. of Giantoror Grantee to perform any act
provided In ihissec.tionshaILnot;impaifthe validity of this Conservation Easement or limit its,enforceability
in any way Grantor shall not grant additionaleasements,.or other interests in the property without the
prior written authorization of Grantee. 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 tei the persons set forth below or
shall be deemed given five (5) days aftElf'deposit in the United States mail, certified and',post,!ge prepaid,
return receipt' requested and addressed asifollows, or at such other address as any party may from time
to time specify to the other parties iil writing:
To Grantor' Carl M. Layman
28310 Roadside Drive, #250
Agoura, CA 91301
To Grantee: City of Poway
POBox 789
Poway CA 92074
With a copy to: Department.of Fish a.nd Ga[11~
N9tural C()mmunityConservation Planning
4949'ViewridgeAvenue
San Diego, CA 92123
, Th", parties agree to ac!"ept facsimiie signed documents and agree to rely upon such
documents as ifthey.'bore original signatures. Each party agrees to provide'to the other parties, within
severity-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 written, agreem'ent approved in writing by CDFG. Any such amendment shall be
consistent with' the purpeises,eif this Conservation Easement and, shall. not affeCt its perpetual duration.
Any such amendment sh'all be recoraed in the official records. of San Diego County, State of California.
14 Recordatiein. Gfantorshall promptly record 'this instrument in the official records of San
Diego County, California and immediately notify the Graritee and CDFG through the mailing of a
confirmed copy ofthe rec6roed easement
15. General Provisions.
(a) ControilinQ Law The interpretation and performance of this Conservation
Easementshall be,governed by the laws of the State of California.
Conservation Ea~ement oJt ~ 4 028
Page 6
(b) Liberal Construction, Any general rule of construction to the contrary
notwiths'tanding,.this.Conservation Easement shall be liberally construed in favor of. the'deed to'effect the
purpm;~so(this~onseryaiion Easemeni and the policy and purpose of Civii Code Sectioni81~, et seq, If
any provision'in:tnii; instrument is found to be ambiguous, an,interpretation consistent with the,:purposes
of this Conservation Easement that wouid render the provision valid shall be favored over any
interpretation that would 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 court of competent, jurisdiction voids or invalidates the application of
any' provision of this Conservation Easement Deed to a iYerson or circumstance, such action shall not
affect the application of the,provision to other persons or circumstances.
(d) Entire.Abreement. This instrument sets forth the,entire agreement of the parties
with respect to the Conservation Easement and supersedes ali 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 Deedshallbe binding upon, and inure to the benefit of, the parties hereto and
their respecii~e personal represe..nti3tives; 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'srights 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 ins.erted solely for
convenience of reference and are nota' 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 recorded counterpart shalLbecontrolling.
,U) Modification. This Easement is notS'ubjett to modification or amendment.except
in writing,and signed 'by Grantor, Grantee and CDFG or their per'mitted successors or assigns.
'(k) Exhibits, All Exhibits referred to in this. Easement are attached and incorporateil
herein by reference.
. (I) Aporooriatlons. The duty of the City of" poway and CDFG to carry out their
respective obligations under this Easement shall be subject to'tneavailability of appropriate funds.
(m) Effective Date. This Easement shall be effective upon recording with the San
Diego County Recorder's Office.
. . 14029
Conservation Easement Deed
Page 7
IN'WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first aboVe written.
GRANTOR:
Carl:M. Layman, Property Owner
By' ~J! yt, kJ= /
Car M,layman U, ' -
Approved as tR Form:
Office ofthe City Attorney
Tamara Smith, City Attorney
By ~j~
Tama~aSmith, City Attorney
M :\planning\peggy\mdra2003\MDRA 03~83:' Conservation Easement Deed.doc
-.
. .
CALIFORNiA AU,PURPOSE ACKN9WLEDGMENT 14030
, ,
State of ClJ:tl PrOR,vI;J
County of !iJS ~~ ;
! J ." If DEANC. PWR. NOTARY PUBLIC
On t'\." 11-. 0 before me,
Date Name and Tille 01 Officer (e,g., Jane Doe, Notary Pubhc~)
personally appeared CAR.J...!I1, l.!1t11lJ/tJ
Name(s)oISigner(s)
o personally known to me - OR -rVprovedto me on the basis ofsil~isfactory evidence to be the person~
I' ' whose name(s) is/are subscribed to the within instrument
and acknowledged tome that he/sAsl.\hey executed the
same in his/her)~Rcirauthorized capacity(i96) , and that by
~ -- - - - -DEAN C.~ll~ - - ~ his/'-4Reir signat~re.\S1 ~n the instrument the person(,9r,
_,~'-" Commission # 1434,9,38, " or the entity upon beh a II'0f which the person(s) acted,
~,'~.. . Notory Public. Colitom/a f executed the instrument.
, ," Los Ange/es County -
"MyComm.ExplresAug14,2007 WITNESS my hand arid official seal. '\
~,Qi!~
OPTIONAL
Though the information below is not requ{red'b"y '?Vv,: it jTIay prove valuable to persons relying on ,the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CO~::;e./<.1Jtf71'cn" (.=.~t1S~T 'lJeecf
Document Date: ! ~. (), Or Number of Pages: r
Signer(s) Other Than Named Above: Ii A
Capacity(ies) Claimed bySigner(s)
Signer's Name: CAt/.... M. /.-r1(4tftrt) Signer's Name:
W Individual 0 Individual
o Corporate Officer 0 Corporate Officer
Title(s): Tltle(s):
o Partner~ 0 Limited' 0 General 0 Partner - D.Limited 0 General
o f,ttorney'in-Fact 0 Attorneycin-Fact
o Trustee 0 Trustee
. -- . . - - . RIGHT THUMBPRINT
o Guardian or Conservator. 0 Guardlan'or Conservator . OF SIGNER
o Other" Top of thumb here 0 Other' Top of thumb here
Signer .Is Hepresenting: Signer Is Representing:
If; 41Set.. f.
C 1994 National Notary ASsociation. 8236 Remmel Ave.. P,O;'Box 7184:~ canoga Park, CA 91309-7184 PfOd;.-N~. 5907 Reorder: Call Tolt-Free1-600-676-6621
. .
14031
EXHIBIT A
BIOLOGICAL CONSERVATION EASEMENT
THAT CERTAIN AREA SHOWN AS OPEN SPACE EASEMENT ON
LOT 29 OF CITY OF PO WAY 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.
, . EXHIBIT B .
Lot 29 1.:4032
IndividualLot Declaration
The Heritage Estates
6' Parkway - HCEA
Maintained
os,
i9,,>~
"loO
"l.. 7' Landscaoe
Easement. HCEA
Maintained
, ,
,~
/ ~
, ,
/ ,
, , ,
/
,
, /~/~ ,
, ,
/ Coen Scace /
Easement
,
, \~ .
,/ 'j
/~ ,/ lot Dimension
,/" /
L '
, /
--'------- ,------------_./"
550'
Legend top
PropertJUm ----- Slope Litalion ~,.,
W,: Spatt --- North
a.remenl Un, Drainage Swill Culvert ~
SJormDrain "E!-=_~ = =
S etJJer Une -.-- I ,I
Waterline -.,-- B.ilding Envelope 0 100 200
Stwer line Connerlir;n @ Common Area ~
Water Un, Connection, @ Maintenance Stak in fiet
Easement RCEA
Utility C.nnedUin: @ Maintained
Telep!Jone, Gas, StreetUght ?
Electric, TV C.hles
LoiN.",b". ----. Fire Hydrant ~
LoiSi,?! 29
-----.. 6.17
Finish,d Pad """
EIeVatWn .""
, Con~ervation Easement D! . 14033
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify t~at the interest in real property conveyed by the Conservation Easement by
Carl M. Layman, dated December 17 , 2004 to the City of Poway, Grantee,and to the
California Department on=ish and Game, as a third party beneficiary, a governmental agency (under
Governm~nt Code: Section 27281), is hereby accepted by tbe, undersigned officer on behalf of the City of
Poway, pursuant to authority conferreQby Resolution No. 34 of the City of Poway on January 20,1981.
GRANTEE. City of Po way
::,,2=~
Autho'rized Representative
Date: December 23. 2D04