Conservation Easement Deed 2004-0842653
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~;' '. '. RECORDING REQUESTED BY; SEP 03, 2004 8'18 AM
-. CITY OF POWAY -'---1-1 I FE-CR-'
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LJ-'" .. .CITY OF POWAY P'''L, 1"
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APN 277-220,02
Document Transfer Tax $
CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED is made this /5t day ofj/.{.~ .2004, by Davide Golia
and Tess Golia, Trustees of the Golla' Family Trust, ("Grantor"), .in favor of City of Poway ("Grantee"),
acting by and through its Developnient'Seivices Department, 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 this reference (the "Property").
B. The Property p6ssesses wildlife and habitat values (collectively, "conservation vaILJes") of
great importance to the Grantee, the people of the City of Poway, ,the people of the State of California;
and the people of the United States.
C The Property .provides high quality Coastal Sage Scrub. Coastal Sage Scrub is the
habitat of the.California Gnatcatcher, which Is listed as a threatened species on the Federal Endangered
Species list. Conservation ofthis property therefore will preserve habitat of a protected species.
o 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 easementsforthese.purposes pursuant to California Civic Code Section815.3(b).
E. The State of California, by'and through its Department of Fish and Game (CDFG), has
jurisdiction, pursuant to th'e Fish .and. Game Code Section 1802, over the conservation, protection, and
management of fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of those species.
F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation, protection, restoration, enhancement ahd management of fish, wiidiife and native plants
and the habitats on which they depend under the Endangered Species ,Act, 16 U.S.C Section 1531 et
seg. (ESA), the Fish and WiicllifeCoordinatlon Act, 16 U.S.Csection 661-666c and other applicable laws.
G. Tbe Bio.loglc~,I,.R.esources Analysis prepared by P&D Environmental dated January 2000
forsubdivisio~ reM 98-02; "8"ritage II Estates Bioiogical Techhical Reporf', identified impacts to Coastal
Sage Scrub (CSS) habitat': Mitigation of impacted habitat,wasresolVed as part of the Final Environmental
Impact' Report"S~h,N'(). 98091083, throughthe'preservatioh of open space easements on each parcel
throughout the subdivision. Gpen:space areas were identified on the map no. 14388, filed in the office of
the County Recorcrer'ofSan Diego County, California on.May 8,2002, file, number 2002c0391382. on Lot
2, for impaCts,.to CSS. Recordation of Biological Conservation Easements will ensure preservation of
areas set aside for coastal sage scrub habitat.
H. Grantor intends to convey to Grantee the right'to preserve and protect the conservation
values of the Property in perpetuity In accordance with Covenants, Terms, Conditions and Restrictions
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c.2,rit~ined herein in exchange for Grantee permitting Grantor's construction of a single-family residence
within Heritage II Estates,
I, Grantee agrees by accepting'this grant to honor the intentions of Grantor stated herein
?nd to ~re~El,rve and to protect in perpetuity the conservation vaiues of the property in accordance with
theterms'of this Conservation Easement for the benefit of this generation and the generations to come.
COVENANTS. TERMS. CONDITIONS AND RES'fRICTIONS
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 seg.,
Grantor hereby voluntarily deeds'and cO,nveys to Grantee conservation easement in perpetuity over the
Property of the nature and character anifto the extenthereinafterseUorth ("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 ofthe Property that will materially
impair or interfere with the conservation values of the Property Grantor intends that this Conservation
Easement will confine the use of the 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.thls Conservation Easement, Grantor
hereby grants and conveys the f!Jllowing rights to Grantee and the State of California Department of Fish
and Game as a third party beneficiary of this easement by this Conservation EasementDeed:
(a) To preserve and protect In perpetuity the conservation values ofthe Property in
accordance with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor's
compliance with, and to otherwise enforce ,the terms of, this Conservation Easement, including Grantor's
obligation to manage the property consistent with Grantor's duties as set forth in section 4, and for
scientific rese8rchand interpretive'purposes by Grantee or its designees; and CDFG and its designees.
(c) To prevent any activity on or use of the I;>roperty that is inconsistent with the
purposes of this Conservation Easement and to require the restora!ion 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'rellef, the terms and conditions of the
Easement.
3. Prohibited Uses, Any activity on or use 'of the Property Inconsistent with the habitat
conservation pu~poses ofthis 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 Conservatibn Easement;
(b) Use of off-road vehicles; except vehicles used for property maintenahce required
by the City. of Poway, and then only over existing roads.
(c) Grazing or surface entry for exploration or extraction of minerals;
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(d) Erection of any building, billboard, sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(f) Otherwise altering the general topography of the Property, including building of
roads or"changing the 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 of trees or other vegetation except by written permission from the City of
Poway
4 Grantor's Duties, Grantor'shall undertake all reasonable actions to prevent the unlawful
entry and trespass by persons whose activities may degrade or harr,n the conserva!ion values of the
Property In addition, Grantor shall undertake all necessary actlons'to protect Grantee's rights under
Section 20f this Conservation Easement. Grantor further covena[lts;that maintenance of the Property, to
wit: clean up of all trash and debris, shall be the Grantor's responsibility,
5. Reserved Riqhts. Grantor reserves to itself, and.to, its' personal representatives, heirs,
successors, ahd assigns, all rights accruing from its ownership of the Property, including the right to
erigage 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 corrective action sufficient to cure the violation. Grantee shall
also notify the Callforhia Departmeht of Fish and Game. If Grantor fails to cure the violation within thirty
(30) days after receipt of said'written.h6tice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days to complete and Grantor falls to begin the cure within the thirty (30) day period
or fails' to continue diligently to complete the cure, Grantee may bring:an action at law or in equity in.a
court of competent jurisdiction to enforce the terms of this Conservation Easement, to recover any
damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation,
Easement, to enjoin the violation, exparte as necessary, by temporary or permanent injunction without
the necessity of proving either'aclual damages or the inadequacy of otherwise available legal remedies;
or for other equitable relief, including, Dutnot limited to, the restOration ofthe Property to the. condition In
which it existed prior to any such violation or injury Without limiting,' Grantor's liatiillty 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 tharcircumstances require immediate action
'to prevent ormitigat", significant damage to the conservation values ofthe-Property, Grantee may pursue
its remedies un,der th.is paragraph without prior notice to Grantor ()r without waiting.forthe period provided
for cure to expire, Grantee's rights under this paragraph, apply. e,qually to actual or threatened violations
of the term.~'of this Conservation Ease!l'ent. Grantor and Grantee.agree that Grantee's remedies for any
violation of the terms. of this Conservation Easementis'the"ihjunctive relief described in this section, both
prohibitive and mandatory, 'in addition to such other'rellef to which Grantee may be entitled, including
specific performance.ofthe terms of this Conservation Easement in each case, without the necessity of
proving either actual dama.ges 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 seg.,1nclusive.
If at any tlme'in the future Grantor or any subsequent transferee uses or threatens to use
such lan~s for purp?se.s inconsistent with this Conservation "Easer,nent, notwithstanding Civil Code
Section 815.7, the'Callfornla Attorney General or thlrd'partyentillesorganized for conservation purposes
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have"stahding as interested parties in any proceeding affecting this Conservation Easement as against
'Grantor
'The California Department of Fish and Game"(8DFG) as a third party beneficiary of this
easement shall have the' same rights' as Grantee under this section' to enforce the terms of the easement.
6.,1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees, and any costs or" restonition 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 orCDFG shall be at the discretion of Grantee and'CbFG, 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'.ofsuch term or of any subsequent breach of the same or any other
term of'this Conservation Easemen.t'or of any of the Grantee's rights u.nder 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. Notl1ing contained in this Conservation
Easement by Grantee shall be'afthe'!.aiscretlon of Grantee,and 8DFG to bring any action against Grantor
for any Injury to change in the Property resulting from cause~ beyond. Grantor's control, including, fir!"
fiood, storm, and. earth. movement, or,:any prudent action taken by'Grantor'under emergency conditions'to
prevent, abate, or mitigate significant'injury to the Property resulting ftom such causes.
6.4 Department of Fish and Game Riqht of 'Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS
7 Metal Fence 'Stake Installation and Maintenance In order to identify and
demarcate .the boundaries of the, CohserVation Easement Deed area (property), 14380 Stage Coach
Road, APN 277-220-02, within ninety days, the Grantor shall Install and maintain metal fence stakes (T-
stakes painted' white) six (6) feet in height [2 feet below grade and 4 feet exposed above grade] as
follows: A stake shall be installed at the property line at the point of intersection with the easement
boundary line and also 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'ofall required stakes shall also be plotted on Exhibit AB= (easementplat)
attached herelo.
8 Access. ThisConseivation 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
9,1 Taxes. Grantor shall pay before,delinquency aU taxes, assessments, fees, and
charges of vyhatever description levied on or assessed against 'the Property by competent authority
(collectively "taxes"), :,induding. any taxes irTlposeci up()n"o, 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 shallhold harmless, Indemnify, and defend Grantee and
CDFG and its members, directors; officers, employees, age[1\s, contractors, and their heirs, and
representatives, ~uccessorsand assigns (collectively "1[1demnifled Parties") from and against all liabilities,
penalties; costs" losses;, da'mages,expenses, causes of'action,.claims, demands, or judgments, including
without limitation, ,reasonable attorneys' fees, arising from or in.anyway connected with: (1) injury to or
the death of any person, or.physlcal damages to any property resulting from any act, omission, condition,
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Conservation Easement ad .
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cir:otner matterrelated to or occurring on or about the Property,. regardless of cause: (2) the obligations
sp'ecified inSe"Ctions4,9, and 9 1, and (3)'the'existence or administration of this Conservation Easement.
9.3. Condemnation. The purposes of. the Conservation Easement are' pre~umed to
be' the, best and :rnostriecessary public use as defined at Code of Civil Procedure Section 1240:680
notwithstanding Code'of Civil Pro'cedureSections 1240.690 and 1240 700.
'10. Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguisned' without the prior written approval of CDFG. Grantee:may assign its rights and. obligations
under ,this Conse~vation Easem'entonly 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
recordth"e assignment in the county'where the Property is located.
1'1 Subsequent Transfers. Grantor agrees to incorporate. the terms of this Conservation
Easement In any deed or othe'i' legal instrument by which Granto'r'divests itself of. any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee or theCDFG of the intent to transferany'lnterest at least forty-five (45) days
prior, to the date ot'such transfer. Grantee shall have the rlght',to'prevent subsequent transfers in which
prospective subsequent claimants'oritransferees are not given notice of the covehants, terms,conditions
and restrictions of this Conservation ,Easement. The failure of Graritbr or Grantee to perform any aCt
provided in this section shall not impair the validity of this Conservation Easement or limit its ehforceability
in any way Grantor shall not grant, additional easements or otner interests in the property without the
prior written authorization of Grantee and CDFG.
12. Notices. All notices, demands, requests, consents, approvals, or communicatlon's from
one party to another shall be personally delivered or sent by facsimile to the persons seUorth 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 otner address as ahy party may from time
to time specify to the other parties in writing:
To Grantor' Davide Golia and Tess Golia
Trustees of the Golia Family Trust
14380 Stage Coach Road
Poway, CA 92064
To Grantee: City of Poway
POBox 789
Poway CA 92074
With a copy to' Department of Fisn and Game
NaturaLCommunity Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
1;he parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they borE! originaLsignatures. Each party agrees to provide to the other parties, within
seventy-two (72) hours after transmission of a facsimile; documents that bear the original signalures.
13. Amendment. This Conservation Easement ma.y be amended by Grantor and Grantee
only by nlutualwritten agreement approved in ",ritingby CDFG. Any such amendment shall be
consistent" with th.epurposes of this Conservation Easement'ancj; shall not affect Its perpetual duration.
Any such amendment shall be recorded in the official records of San Diego County, State of California.
14 .Recordation. Grantor shall promptly record this instrume~t 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.
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15: General Provisions.
(a) Controllinq Law The inte"ipretatibh ,and performance of this Conservation
Easementshall,be governed'bythe laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement'shallbe 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 seg, If
any'provision in this instrum"nt'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 Ihat would render it invalid.
(c) Severability' If a court of competent jurisdiction voids or invalidates on its face
any provision of this Conservation Ea~ement 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 person or circumstance, such action shall not
affect the application of the provision to ,other persons or circumstances.
(d) Entire.Aqreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating tg the Conservation Easement" all of which are merged herein.
No alteration or variation of this,instrument shall be valid or binding unless contained in an amendment in
accordance with Section 13.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement Deed shall ,be binding upon, and inure to the.benefit of, the parties 'hereto and
their respective personal represen~atlves, 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) TerminatlonofRiqhts and Obliqations. A party's rights and obligations under this
Conservation Easement shall terminate only upon transfer of'the party's interest in the Conservation
Easement or Property, except that. liability for acts or omissions occurring prior to transfer shall survive
transfer
(h) Captions: The captions in this Instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shail have no effect upon its
construction or Interpretation.
(i) Counterparts. The parties may execute, this instrument in two or more
counterparts,..whlch 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) Modificatioh. This EasemenUs not subject to modification or amendment except
in writing and signed by Grantor, Grantee and. CDFG or their permitted successors or assigns.
(k) Exhibits. All Exhibits referred'to in this Easement are attached and incorporated
herein by referimce.
(I) .Appropriations. The duty of the City of Poway and CDFG to carry out their
respective obligatiohs unde'r this Easement shallb'e 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.
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iN VliiTNESS:THEREOFi Grantor and Grantee have entered into this Conservation Easement the
dilyahd yearfirslilbove'wrltten.
GRANTOR:
olia and Tess Golia, Trustees of the Golia Family Trust, Property Owners
By' (:!4~
B .f:4;t/
Tess gPlia
Approved as:to Form:
Office ofthe City,Attorney
Tamara Smith, City Attorney
By'
M:\planning\peggy\mdra2002\mdra02-1 05\MDRA02..;1 05dfg Conservation Easement Deed .doc
7
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." ". ", " ..., _ed' .,. " .' .
CALIFORNIA ALL,IPURPOSE ACKNOWLEDGMENT
r.i.<-m&"""'=<w~~~~~kXY_~~--=""""'=<W~ -:OX
:; State of {Q.J(,f~~()(tl
,r , Couhty of SflN Dl F ({-O ~
I on--.J: ,1;,~;? ' ~ou~ before me, 5ITtf:;'ic:,Ti~et!L(eg~~~~No"CYP"bli') I
.1 persohallya-ppeared It?8S G-o-L rf! .,.1
"I' . Name(s}of Signar(s)
I o>personally'known to me -OR --\2r'Proved tome on the basisofsatisfactbry evidence to be the person""
whose name('1) is/are-subscrlbed to the within'instrument I
':: and acknowledg~ct to me t~at I;l€/she/)PdYElxecuted the
~ same In lJiS~her/tj)sifauthorizedcapacity(ill8J', and that by ,I
'~,' '~ - - . - =. -, - - .;. - -. -. .-1 piS/her/tl;l8fi. r sigriature~.on theinstrumenttheperson~
~ ...,. SANGITA. SHAH",.,.. " . or the entity upo nbEihalf of which the person(~ acted, ::
?;' _ Commission # 14~9260 .~ executed the instrument.
, . ~ ..... Notary Public. Callfomla . ~
, ' ., San Diego Counly I
" . MYComm:ExplresN0v4,.2007 WITNESS my, hand, and official seaL ,]'
, . 1." .fA)
I ~ ffvL-
Signature'of Notary Public
[ OPTIONAL ,I
';" Though the information b.efOWiS not/ecjiJiredby'/airv, ;t:m~y.prove valuaplfi.topersons..,'refyjng on the'document,anq cou/dprevent ',~
I,,' fraudulenUemaval ancJ'reattachment-of this form to another document. ,~
, '
:, Description of AttachedD,ocument
I~.' Title or Type of Document: (j 1'0 J-lserz. Vf) 'TIc fJCf3S(f((l GNT aEE O.J
I Document Date: J ) C}<1!j 'b<Ju~ Number of Pages: ii-
I' ,
( Signer(s) Other Than Named Above: ~
I C.p.clty(les).C"'med by Slg,.oj.) I
~ Signer's Name: 'Tfi.'S!' (rOJ.,1-11 Signer's Name: ':
I AI ~i\iidUal 0 Individual
~ 0 Corporate:Officer o Corporate Officer
~ Title(s): Title(s):1
l1i 0 Partner - 0 L.lmited 0 General 0 Partner - d Limited 0 General 'I
~ 0 A.\lOrney-in'Fact 0 .Attorney'in-Fact ~
~ cVfrustee o Trustee I
~ 0 Guardian or Conservator . , 0 (l'uardian or'Conservator '
rOi 0 Other' Top!of thu'mb here 0 Other' Top of thumb here I
~ 'I
@ @
I I
~ Signer Is.Hepresentlng: Signer' Is Rlilpresenting: ~
~ ~
~ I
~ ~
~~~~~~~:g,.~~:x;.-%~4<.,~~~'g{;.'Q0~;fg..~~~~~~~~~'QV~~~~~~~-d1
@ Hl95 N8t~omi.1 Notary Ass.ociation' ~236 Remm~t Ave;; ?-O"~OJ(71B4. Canoga ParK,CA 91309.7184 Prod." No. 5907 Reorder: Call Toll-Free '-800-876-6827
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CAI:JF.ORNIAALL"PURPOSE ACKNOWLEDGMENT No. 5907
State of ,California
County of San Diego
On July 6;.2004 before me, Joe Talamantes
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY,PUBlIC"
personally appeared Davide Golia
NAME(S) OF SIQNER(S)
[ZJ personally known to me - ~ pr9"ed 19 mo on .lAg baEiE: Elf satiofaotery e"isonce
to be the person~ whose name(.s1 is~
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in histhcr/tl9O+r authorized
capacity{ie-s7 , and that by his!-hel,'t1,t:ir
signature(sj4Jn the instrument the person(.s}.;
or the entity upon behalf of which the
~~ - - J;E;~~;- person(8fatted, executed the instrument.
_._.''''''' I
:i Notary PublIc: - eanfanla I
~ San DIego County f
. _ _ _ ~My~eo.~.II:::~_~2S~~
OPTIONAL
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPJIDN OF ATTACHED DOCUMENT
D INDiVIDUAL Conservation Easement Deed
D CORPORATE OFFICER
TITLE OR TYPE OFDOCUMENT
TITLE(S)
D PARTNER(S) D liMITED 10 (not including acknowledgments)
D GENERAL
~ ATTORNEY,IN,FACT NUMBER OF PAGES
X TRUSTEE(S)
El GUARDIAN/CONSERVATOR None
Other'
DATE OF DOCUMENT
SIGNER IS'REPRESENTING: Tess Golia
NAME OF PEASON(~) OR ENTlTY{IES)
Golia Family Trust SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave" P.O.:Box7184. Canoga Park, CA 91309-7184
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.~; " c:oilservation Easement a .
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CERTIFICATE OF ACCEPTANCE
This is. to' Certify that the interest in real property conv~Y<3d by the Conservation Easement by
Davlct.Golia and Tess Golia, Trustees of the Golia Family Trust, date,d U u 1 y 1, 2004 to
:the, City of Powa.", Grantee, and to the California Department of Fish and Game, as a third party
beneficiary, ,a:governmentalagency (under Government Code Section 2'7281), Is hereby accepted by the
undersigned bfficer on' behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34
oftheCityofPoway on Jahuary 20,1981
GRANTEE. City of Poway
By
Title: anne Bunch Interim Clt Clerk
Authorized Representative
Date: July 14, 2004
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EXHIBIT A
THXT CERTAIN;AREAS SHOWN AS OPEN SPACE EASEMENT OF LOT 2 OF
CIT'y'OF'POWA,Y TRACT NO, 98-02 HERITAGE RANCH ESTATES,
A,CCORDINGTO MAP NO. 14388, FILED IN THE OFFICE OF THE COUNTY
'RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MAY 8, 2002, FILE
NUMBER 2002-0391382.
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EXHIBIT B
Lot 2
Individual Lot Declaration
The Heritage Estates
~ _ _ ~ _ _ _ _ _ -0::- _ _ ,. -_ _ _ _ _ _ _ _ _ ---:
~ 673' LOIDimension I
~----
Open Space /' /"'" _.............
Easement / ~-- <:" "'"
/ d .~
/ Edge of
Fuel Modification / Graded Pad
--~-;.,,~~ Zone I Setb&'k .
Owner MaintaIned
... .
....
6,par1<waY'~~:;"
MaIntaIned "" ~,
7,Landscape
Easement - HCEA
Maintained
I
I
I
=- J
,; ---
"' 7 I
: ~'~ I
Legend Utility ,'/" Opan space)
PropertJI line ---- Slope Lotanon top\ . Easement
~ ,\ Easement I
~en Space ,
---- . toe '~ I
asement Une DrainageSwale/C,,'_ ,~ ,,,--
Storm Drain Inlet i ~ '""
""',~ I
S m,rfn Drain ='~~ Bliilding Envelope l1li ~" Ll
,... .....
Sewer line - s ~ ''''~;.-d,
Water line ~ w- Common Area V///1 ~-'-----,
($) Maintenance N,rtJj
Sewer Line Connection Easement HCEA ~
Waterline Connection (WI Maintained
UtilitY Connection.- (li) Street light . ~ 0 so 100
Telephon~ Gas, Fire Jfydrant -In""
Electric, IV Coble, "'"
Lot N"mber ________
Lot Size -------.. ~
4.80
Finished Pad Acres
Elevation 0838