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Conservation Easement Deed 2004-1166189 -........ .- ~ Confo""M --- - '\ , . . . 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 s' I 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). +Ji C(11) 04-.;231 ~ '. . .. 11111111 ~lIllmllllllll~I"I~I~IIIIIIIIIiI~III~llIllllIl' , 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 ur 1'1." CITY OF'POWAY 14837 f~ F',~,!3E ':. E P O:.sOx. 789 pp I~~I~~~OOOOOOOOOO~~OO~~ POWAY CA 92074,.Q789 . C~/I, .<63';).;-&; OiJ~' . ',I' . ',\ ~-l J I s~ 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 N;\'\!,T:\\O..f_(,5.J\!,XIllBITS\654CONSER\'.1.GL,d,K 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 .,..,.. L T 1 ........ 3' N78'58'48"W 223.43' "'" 0''''':>:; N L6 "<2' .....w.. y, '.,~~~ff~~I~%)" cfTY OF POWA Y : L7 N06'08' 44"E 334.17" 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' ~ ..:'..,,,............ ,,::,:,:.:;.:...:,.:,...:;.::: LOT LINES "'<I' .'(-;...'...'......."'..'...........'...'.. L 17 N31'25'09"W 85.06' 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' ..... (, '...........\.:,. <:"""\ ~ ~ "0:;;:::;;;;' ~'i;;:. L22 N89'23'22"E 173.77' ~ \:\ L23 N58'11'05"E 148.01' .-;\.:.. "'~ L'2.9~.~ L24 N31'25'09"W 448,26' 1 5 'Co --~::::;-:x:::;~1%D:::..~:::::. ~ L25 N58'34' 46"E 366.10' 7 a> I ,.......,.." ,..m'~ L26 N48'29'27"W 1011.43' \1:1 ,.....:':.",:.;.::.... """"""':,::'.:::.,::::::::, \; .......... 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' \...... ..............'...., ~ r:.::-:,;.....,.,.,.".........::"...,:':.::-:. MA P 14388 L32 N22'48'55"W 335.48' 1" (" ....., ....,......... :J <t '<>,',....,....,..,....,,,..,.:,..,,...............'.....,'. MA P 14388 \ )"iN$W{E&J}~Y' L33 N64'12'29"E 784.56' ~ ~=~~ ~ L34 N2T04'47"W 549 85' \:,,,'''':':'::'''7'' L35 N04'48'31 "E 175.84' ""'\.'S':-:':..':... ~ 7f\ ILl!; l.Af4Ij1 ~ lIf;;.-lPOB- ";;(f- '" L36 N09'26'15"W 123.97' 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$4CONSERV-Pl,,( r .:;5'/1.1,/04 J.N. ()4-(J$'