Conservation Easement Deed 2004-1166189
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RECORDING REQUESTED BY: THE ORIGINAL OF THIS DOCUMENT
CITY OFPOWAY WAS RECORDED ON DEC 10 2004
DOCUMENT NUMBER 2004.1166189
WHEN':RECORDED.MAIL'TO: GF,EGOkY J SMITk, COUNTY RECORDEk
CITY CLERK SAN DiEGO COUNTY RECORDER'S OFFICE
ciTY OF POWAY TIME. 2:47 PM
P OBDX 789
POWAY CA 92074-0789
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APN 276-070-1600. 276-071-1200. 277-011-6000
CONSERyATION EASEMENr'OEED CONFORMED COpy
NO DOCUMENTARY TRANSFER TAX DUE
THIS CONSERVA nON EASEMENT DEED.is made this 2nd day, of Dee. 2004, by State Continental
Company ("Grantors"), in favor of City of Poway ("Grantee'), acting by and through its Development
Services Department, with reference,.tothe following facts.
RECITAlS
A. Grantor is the sole ownei ill 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 "8"
attached hereto and incorporated by this reference (the "Property")
8. The Property posSesses wildlife and habitat valuesr(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 and Riparian Woodland.
Coastal Sage Scrub is the habitat'ofthe,Califomia Gnatcatcher, which,is listea as a threatened species
on the Federal Endangered Speciesdist. Two pairs ,of California' Gnatcatchers were obselVed on site.
ConselVation of this property thereforecwilfpreselVe habitat of a protected species).
D The City of poway 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 authority to hold easements Jor these purposes pursuanftbCalifornia Civic Code Section 815.3(b).
E. The State of Californiil, by and through its Department ofFish and Game (CDFG), has
jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and
management of fish, wildlife, native 'plants and the habitat necesSary for biologically sustainable
populations of those species.
F The United,Staies Fish and Wildlife Services (USFWS) _has jurisdiction _over the
conservation, protection, restoration; enhancement and management of fish: wildlife and native plilnts
and.the ~5:lbitats.qn which th!oly depend under ijle'~ndangered Spedes.Act, 16 U S.C section 1531 et
seq, (ESA) , the Fish and Wildlife Coordination Act: 16U.S.C Section 661-666c and other applicable
laws.
G. This ConstJr:v~tion Easement provides protection for 24:21 acres of land that contains
each tvoo of habitat located wi1hin the City of Poway's$ubarea Habitat Conservation Plan/NCCP
Focused Planning Area.
H. Grantor intendstoconvey'to Grantee the rightto:preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's removal of 8.0 acres of
Coastal SaQe Scrub.(CSS), This is a mitigation measure for such removal of 8:0 acres of
CoastalSadeScrub (CSS).
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04-.;231
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RECORDiNG REQUESTED BY DEe 10. 2004 2:47PM
cn;v OF POWAY CiFFII_lp.L f-'=:ECOR[I':
'::.,uJ~ [ilEClO DJUNT'I FiELOR[IEF:":, OFFICE
WHEN RECORDED MAIL TO: CiRECiDR'1 ! '-;~'..1ITH courH'1 REUJF1[IEF:
ciiY CLERK FEE:, U,III-I
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CITY OF'POWAY 14837 f~ F',~,!3E ':. E
P O:.sOx. 789 pp I~~I~~~OOOOOOOOOO~~OO~~
POWAY CA 92074,.Q789 . C~/I,
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A:PN 276~070-1600. 276"071-1200. 277-011-6000
?nnA..111\1\ 11Hl
CONSERVATION EASEMENT DEED
NO DOCUMENTARY TRANSFER TAX DUE
THIS CONSERV A TfON EASEMENTEjEED is made this 2nd day of lEe. 2004,byState Continental
cOmpany rGrantors")"in favo'~!ot9ity of Poway ("Grantee"), acting by and through its Development
ServicesDepartment, with reference to the fbllowing facts.
RECITALS
A. Grantor is the sole, oymer .in fee simple of certain .real property in the City of Poway,
County of San Diego, State of California, more particular1y described 'in Exhibit "A" and IExhibit "8"
attached .hereto and incorporated ,by this reference (the "Property").
8. The Property,'possesses1wildlife and habitat values~(collectively, "conservation valuesl} of
great importance to the Grantee, the people 'of the City of Poway, the people of the State,of California.
and the people ofthe Un~ed,States:
C The Property provides (high quality Coastal Sage Scrub and Riparian Woodland.
Coastal Sage 'St;:rubis' the habitat of the California Gnatcatcher, which is listed as a threatened, species
on the Federa/,En.dangered Speciesl/ist. Two pairs of California Gnatcatchers were obsenied. on site.
Conservation of this property therefore1wiftpreserve habitat ora protected species).
D The City of Poway is authorized to hold conservatioiieasements for the preservation ,of
land in ~s.natural, scenic, agricultural. historical, forested, or open space condition. The City of Poway
has authority to hold easements forthesepurpbses pursuantto California Civic Code Section 815.3(b).
E. The State of Califofnia;.by and'throughits DepartrnE'lUt ofFish and Game (CDFG), has
jurisdiction, pursuant to'the Fish and Game Code Section 1802, over ,the conservation, protection, and
management offish, wildlife, native plants and the habitat necessary for biologically sustainable
popul,llions,ofthose species.
F The United States Fish ,and Wildlife Services (USFWS) has jUrisdiction over the
COrlsll.rv1'!tion, protectio,n, re~oration, enhancemeni and management ohish, wildlife and native plants
and the ~abitats,on whic,h they depend u,ncjer the EndarlgeredSpegiesAct, 16 U.S.C section 1531 et
seq. (ESA) , the Fish and Wildlife Coordination Act, 16 U.S.~ Section 6.61-666c and other applicable
laws.
G, Thi~,Consery<ltion Easement provides protecti(ln for 24.21 acres of land that contains
,each tvoe of habitat'located within the City of Poway:~ Subarea Habitat Conservation Plan/NCCP
Focused Planning Area..
H. Grantor intends to convey to Grantee the right to preserve and protecUhe conservation
values of'the.Property in perp!l.tuity'in accordance wiih Covenants, Terms, Coriditions,and Restrictions
contained herein in exchange forGrantee'permitting Grantor's removal.of 8,0 acres of
Coast<ilSaqe Scrub (CSS). 'This,is,a mitigation measure for such removal,of 8:0 acres of
Coastal SaqeScrub (CSS).
04-;13/
ConserVation Easement ~ . 14838
Page 2
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 property 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 consideration 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 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 conservCltion values of the Property Grantor intends that this 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 Conservation Easement.
2 Riqhts of Grantee, TO\,accomplish the purposes of this Conservation Easement, Grantor
hereby grants and conveys the following rights to Grantee and the State of California Department of Fish
and Game as a third party beneficiary ofthis 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 ConsE?rvation Easement, including Grantor's
obligation to manage the property consistent with Grantor's duties as set forth in section 4, and for
scie.ntific research and interpretive purposes by Grantee or its designees; and CDFG and its designees.
, (c) To prevenLany 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 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
(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 Property inconsistent with the habitat
conservation purposes of this Conservation Easement and not~pecifically' 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 Poway, and then only over existing roads,
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, sign;
Conservation: Easement Da . 14839
Page 3
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(I) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease,
(h) Planting oftrees or other vegetation except by written permission from the City of
Poway
4 Grantor's Duties. Grilntorshall undertake all reasonable actions to prevent the unlawful
entry and trespass by persons whose '"ctivities 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 Easement., Grantor further covenants that maintenance ofthe Property, to
wit: clean up of all trash and debris, shall be the Grantor's responsibility
5. Reserved Riahts. ,.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 invite others to engage in all uses of the Property that are consistent with the
purposes of this Conservation Easement.
6. Grantee's. Remedies. If Grantee determines that Grantor is in 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 forrective action sufficient ~o' cure the violation, Grantee shall
also notify the California Department.ofFish 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 reason"bly 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 ~ny
damages to which Grantee maybe 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: of otherwise 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 ,damage to the conservation' values 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 paragraph apply equally to actual or threatened violations
of the terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any
violation ofthe terms of this,Conservaiion 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 actual 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 existing 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 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
have standing as interested parties in any proceeding affecting this Conservation Easement as against
Grantor
Conservatibii,Easement D. . 14840
Page 4
The California Departrnent of Fish and Game (CbFG) 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 olEnforcement. '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 Easement shall 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'9iscretion 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 or remedy or be construed as a waiver
6,3. Acts Bevond Grantor's Control. Nothing contained in this Conservation
Easement by Grantee shall be afthe 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 Department of Fish and Game Riqht 01 Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
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 Deed area to
protect in perpetuity the conservaiion values and function of the Property: The type of fencing may also
include posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development
Services regarding the specific location, type, and height of the fence prior to its installation.
7 Property Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance with the terms' 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 approval 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 CDFG
9 Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind including transfer costs, costs ottitle and documentation review, and costs related to
the ownership, operation, upkeep, and maintenance of the Property
9.1 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, successors.andassigns (collectively "Indemnified Parties") from and against all liabilities,
penalties; costs, losses; damages, expenses, 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, 9, and 9 1, and (3) the existence or administration of this Conservation Easement.
, Conser:vation Easement D. . 14841
Page'5
93 Condemnation. The purposes of the Conservation Easement are presumed to
be. the best and most necessary public use as definea at Code of Civil Procedure Section 1240 680
notwithstanding Coae'of Civil Procedure Sections 1240,690 and 1240.700,
10. Assiqnment. This Conservation Easement 'may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. Grantee may assign its rights and obligations
under this Conservation Easement only to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to
record the assignment in the county where the Property is located,
11 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 in all or a
portion ofthe Property, induding, 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
prior to the date of such transfer Grantee shall have the right to prevent subsequent transfers in which
prospective subsequent claimants or transferees are not given notice of the 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 impair the validity of this Conservation Easement or limit its enforceability
in any way Grantor shall not grant additional easements or other interests in the property without the
prior written authorization of 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 to the persons set forth below or
shall be deemed given five (5) days after deposit in the United States mail., certified and postage prepaid,
return receipt requested and addressed as follows, or at such other address as any party may from time
to time specify to the other parties in writing:
To Grantor' State Continental Company, A California Corporation
1818 S. State Street College Blvd, Suite 200
Anaheim, CA 92806 (Name and Address)
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 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 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 amenament 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.
Conservation Easement D. . 14842
Page 6
15. General Provisions.
(a) Controllino Law' The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California. .
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Easement and the policy and purpose of Civil Code Section 815, et seq. If
any provision in this,instrument is found to be ambiguous, an interpretation consistent with the purposes
of this Conservation Easement that would 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
Conservat[on 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 Aoreement 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 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
(I) Successors. The covenants, terms, conditi.ons, and restrictions of this
Conservation Easement Deed shall 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 Riohts and Oblioations. Aparty'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 not a part of this instrument and shall have no effect upon its
construction or interpretation,
(i) Counterparts: The parties may execute this instrument in two or more
counterparts, which 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 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.areattached and incorporated
herein by reference.
(I) Appropriations The duty of the City of poway an~ CDFGto carry out their
respective obligations under this Easement shall be subject to the availability of appropriate funds.
(m) Effective Date This Easement shall be effective upon recording with the San
Diego County Recorder's Office.
.. .
COl1s~r:.v.ation Easement Deed 14 8 43
Page'? "
1~J:WltNESS THEREOF, Grantor and G"rantee,have entered into.this ConseJvationEasement the
dlly and:yeartlrst above written.
GRANTOR:
State Continental Company, ACalifornia Corporation
181'8 S. StafeStreet College'Blvd. Suite 200
Anaheim, CA 92806
BY'C~ ~ ./
. ""Cheng, President
Approved asto.Fonn:
pffice of the City,Attorney
::~u
T .. S 'h C' 'tt "
amara mrt, . Ity A omey
;-;~.;,
. .
14844
Gonservation Easement Deed
Page 8
CERffFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: December 2, 2004 from 'Mr Shaw Cheng, Grantor, to the City of Poway,
Grantee, a political corporation and/or governmental agency is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Resolution No. 34 adopted on January 20, 1981 and the graritee consents
to recordation thereof by its duly authorized officer
Dated December 8, 2004 CITY OF-POWAY
Seal: By'
~-- J anne Bunch, Interim City Clerk
. .
ALL-PURPOSE ACKNOWLEDGMENT 14845
State of California }ss
County of Oranoe
On December 2, 2004 before me, Isabell Cheng, Notary Public
(DATE) ();{lTARYl
personall y appeared Shaw Clieng
SIGNER,S)
j.l(l personally known to me - OR- D proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/;;re subscribed to the within instrument and
acknowledged to me that he/~/tbey executed
the same in his / l)2f / t,!:l<i r authorized
capacity(ies), and that by his/he'r/tlx1r
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~ ~ '''DE'' ,",.. (
- Comm.11380336 Ul
III NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal.
. _ Orange'County -
1~ M.y Ccmm. hpiru Oct. 15,2006 t ~~~
OPTIONAL INFORMATION NOTARY'S SIG, "URE
The information below is not required by law However, it could prevent Jraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TlTLE OR TYPE OF DOCUMENT
TITLEIS)
D PARTNERIS)
D ATTORND-IN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR DATE OF DOCUMENT
D OTHER:
OTHER
.
.
~
SIGNER IS REPRESENTING RIGHT THUMBPRINT c
NAME OF PERSON(S) OR ENTITY([ES) "-
OF D
~
SIGNER E
'5
~
'"
APA 5199 VALLEY-SIERRA.8()(J-J62-1369
. ,... . .
EXHIBIT 'A' 14846
BIOLOGICAL CONSERV ATION'EASEMENT DEDICATION
EA 01-
A PORTION OF THE SOUTH HALF OF SECTION 7 AND A PORTION OF THE NORTH HALF OF SECTION
18; TOWNSHIP 13' SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERJDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING FURTHER DESCRIBED AS
FOLLOWS,
PARCEL I
COMMENCING AT A POINT ON THE NORTHERLY SUBDIVISION BOUNDARY OF CITY OF POWAY
TRACT NO 98-02, HERITAGE RANCH ESTATES, MAP NO. 14388, SAID POINT BEING THE EASTERLY
CORNER OF LOT 13 OF SAID MAP; THENCE ALONG SAID SUBDIVISION BOUNDARY
I NORTH 42001'19" WEST 5926 FEET TO THE TRUE POINT OF BEGINNING,
THENCE CONTINUING
2, NORTH 42001'19" WEST 66.32 FEET ,THENCE LEA VING SAID SUBDIVISION
BOUNDARY
3 NORTH 58021 '07" EAST 233,64 FEET . THENCE
4, NORTH 13029'56" EAST 267.28 FEET THENCE
5 NORTH 78058'48" WEST 22343 FEET ,THENCE
6. NORTH 06008'44" EAST 334 17 FEET ,THENCE
7 NORTH 16033'11" WEST 19741 FEET ,THENCE
8. NORTH 39008'08" WEST 236,76 FEET ,THENCE
9 SOUTH 55037'45" WEST 285 17 FEET , TO SAID SUBDIVISION BOUNDARY THENCE
ALONG SAID BOUNDARY
10. NORTH 46001 '50" WEST 356.39 FEET ,THENCE
II NORTH 19047'37" WEST 232.04 FEET ,THENCE
12, NORTH 3 I 025 '09" WEST 85,06 FEET ,THENCE LEAVING SAID SUBDIVISION
BOUNDARY
13 NORTH 58011'05" EAST 147.80 FEET ,THENCE
14 NORTH 04006'41" EAST 269.61 FEET ,THENCE
15. NORTH 34042'51" WEST 125.64 FEET ,THENCE
16, SOUTH 89023'22" WEST 173 77 FEET ,THENCE
17 SOUTH 58011 '05" WEST 148.01 FEET , TO SAID SUBDIVISION BOUNDARY THENCE
ALONG SAID BOUNDARY
18, NORTH 31025'09" WEST 44826 FEET ,THENCE LEA VING SAID SUBDIVISION
BOUNDARY
1 OF 2
N' \_\LTAlf),1_n'i4'.EXHIBITSlb'iKO:"SER\' 1.(11. doc
.
.' .~ .. .
19 NORTH 58034'46" WEST 366.10 FEET ,THENCE 14847
20. SOUTH 48029'27" EAST 101143 FEET THENCE
21 SOUTH 40048']3" WEST 245.59 FEET ,THENCE
22. SOUTH 28054'10" EAST 92746 FEET , THENCE
23 NORTH 81024'42" EAST 473.88 FEET ,THENCE
24. SOUTH 220]5'32" EAST 241.84 FEET ,THENCE
25. SOUTH 73004'23" WEST 98.80 FEET ,THENCE
26. SOUTH 22048'55" EAST 33548 FEET ,THENCE
27 SOUTH 640]2'29" WEST 784.56 FEET , TO THE TRUE POINT OF BEGINNING.
CONTAINS 24.212 ARCES MORE OR LESS,
PREPARED BY
ND SURVEYING, INC.
09 /'
/.> 0
M]GU LA. MARTINEZ DATE
L.S. 7443
Ll C. EXP 06/30/06
2 OF 2
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l\ ~XHIBIT 'a' I SHEET 1 OF 1 SHEEr
.
I .J.JIiE....DNA;
BIOLOGICAL CONSERVATION EASEMENT DEDICATION I
CITY OF POWAY PM 02-03 L1 N42'01'19"W 172.47'
\\~;{6t~~~~.:~:~ L2 N42'01 '19"W 59.26'
r.""'''''''''''''I ARE. OF BIOLOGICAL L3 N42'01 '19"W 66.32'
:.:..,..:-:':.::".'....." . INDICA TES A
1:;;'''''':';;:'",,01 . CONSERVA TlON EASEMENT L4 N58'21'07"E 233.64'
,",':":"':"':':""::"':'''':':':':':-:':':-:'''',.::,:,:.,'.:.::)", CRES L5 N13'Z9'56"E 267.28'
't.:,:,:.",::.:,:.:..,:....,:.:.:,:-:.:::.:.::.::-:.:.:-:.:..:,:. <3 = 24,212 A CJl
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L8 N16'33'11 "w 197.41'
L9 N16'33'11"W 183.51'
MAP 14388 (, ):..;.:.:.'::::':"':;':""''''':::::':::::::::, 0 L10 N16'33'll"W 13,90'
19 ~\ <f211i!r ~ L11 N39'08'08"W 236.76
L12 N55'37'45"E 285.17'
L13 N46'Ol'50"W 356.39'
L14 N19'47'37"W 232.04'
~ ."""",fij"",\ REMAINOER PARCEL 0 L15 N31'25'09"W 1666.71'
. '..-:".......::.:.:':':..-:.7;.:':;';.:.:';."',:.:.:.:.:.. r-- FUTURE 0 L16 N31'25'09"W 518.90'
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ALS{ 1 8 \~/;/r:t~f..:;~:~:u~.:;~~ ~ L18 N31'25'09"W 433.84'
L19 N58'11'05"E 14780'
~ ~ """'iil"'''' PM 02 03 ~ L20 N04'06'41"E 26961'
,..".."...... \. "." - L21 N34'42'51"W 125.64'
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~ \:\ L23 N58'11'05"E 148.01'
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1 5 'Co --~::::;-:x:::;~1%D:::..~:::::. ~ L25 N58'34' 46"E 366.10'
7 a> I ,.......,.." ,..m'~ L26 N48'29'27"W 1011.43'
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\; .......... LOT 3"" "":;) L27 N40'48'13"E 245,59
c~, ~ ~ ~;~""1!.:,gFFg;:mi,,i-:~S~\ " L28 N28'54'10"W 927.46'
~ ,..............~.............''( /' L29 N81'24' 42"E 473.88'
",uG - ~il}:::::i,:-::~:~:i::::::;:;:i\:.:~ " L30 N22'15'32"W 241.84'
\ L6 "'.:'" LOT 4 ..::::~ L31 N73'04'23"E 98.80'
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MA P 14388 \ )"iN$W{E&J}~Y' L33 N64'12'29"E 784.56'
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L37 N24'17'08"W 14410'
16J8 EMERALD POINT COUFfT 13 L1 POC ~ L38 N46~01 '50"W 380.52'
RANCHO SAN OIEGO, CAJJFORNIA 92019 E'L Y CORNER
(619) 579-2582 FAX (619) 579-2582 LOT 13
6$4CONSERV-Pl,,( r .:;5'/1.1,/04 J.N. ()4-(J$'