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Conservation Easement Deed 2003-0742048 ,; . . ,i~.' _ .' . 13888 . . ' ~DOC # 2003=0742048 RECORDING REQUESTED BY' JUN 24. 2003 9: 06 AM CITY OF POWAY OFFICIAL RECORDS WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER'S OFFICE t:/ A CITY CLERK GREGORY J. SMITH, ClIlMTV RECORDER {if CITY OFPOWAY FEES: 0.00 Ijf~ ~g:~X 6:.'92074~789 [jf~',Q~",III~;(II~1I '~ f)V APN321-111-15 " '-".. I ~ CONSERVATION EASEMENT DEED . THIS CONSERVA TlON EASEMENT DEED is made this d &, day of ~ ,2003, by Patrick Hugh Sonaguidi and Krislen Kay Bonaguidi, Trustees of Ihe Patrick HugH and Kristen Kay Sonaguidi Trusl dated June 28, 2001 ("Grantor"), in favor of City of Poway ("Granlee"), acting by and through its Development Services Department, with reference to Ihe 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 "S" attached hereto and incorporaled by this reference (the "Property"), S, The Property possesses wildlife and habitat values (collectiveiy, "conservation values") of great importance to the Gra~tee, the people of the City of Poway, the people of the State of California, andJhe people of the United States, C The Property provides high qualily coastal sage scrub, coastal sage scrub/chaparral mix, and chaparral. Coastal sage scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species list Conservation of this property therefore will preserve habitat of a protected species, D The City of Poway is authorized to hold conservalion easements for the preservalion of land in ils natural, scenic, agricultural, hislorical, forested, or open space condition, The City of Poway has authority to hold easements for these purposes pursuant to California Civic Code Section 815,3(b), E, The State of California, by and Ihrough Its Department of Fish and Game (CDFG), has jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and managemenl of fish, wildlife, native plants and Ihe habitat necessary for biologically sustainable populations of those species, F The Uniled Stales Fish and Wildlife Services (USFWS) has jurisdiclion over the conservation" protection, restoration, enhancement and management of fish, wildlife and native plants and the habilats on which they depend under Ihe Endangered Species Acl, 16 US C section 1531 et seq, (ESA), the Fish and Wildlife Coordination Act, 16 U,S,C section 661-666c and other applicable laws, G, This Conservation Easemenl pr()vides protection for 2,9 acres of land that conlains coastal sage scrub and chaparral located within the' City of Poway's Subarea Habitat Conservation Plan/NCCP Focused Planning Area, H, Grantor intends to convey to Grantee the right to preserve and prolecl the conservation values of the Property in perpetuily in accordance with Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's removal of 0,55 acres of coastal sage ~, ",oil ' scrub, 0 17 acres of coaslal sage scrub/chaparral mix and 1,25 acres of chaparral in connection with I\AOI(.n,,' I! I , 01-40 1 63-IDl- I :iJY-ICf/<fJ3;;:IG-.. " , ' . 1388'9' . Conservation Easement Deeo' Page 2 developing a single-family home and guest house (MDRA 01-46), This is,a mitigalion measure for such removal of 0,55 acres of coastal sage scrub, 0 17 acres of coastal sage scrub/chaparral mix and 1,25 acres of chaparral. I. Granlee agrees by accepting this grant to honor the intentions of Grantor staled herein and to preserve and to protect in perpeluity the conservalion values of the property in accordance with 'thele'rms of-this Conservation Easement for the benefit of Ihis' generation and the generations to come, COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideralion of the above recilals and the mutual covenanls, terms, conditions, and restrictions contained herein, and pursuanl to California law, including Civil Code Section 815, et seq" Grantor hereby voluntarily deeds and conveys to Grantee conservation easemenl in perpetuity over the Property ofthe nature and character and to the extent hereinafter set forth ("Easement"), 1 Purpose, The purpose,of this Conservation Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair or interfere with the conservation values of the Properly Grantor intends that this Conservation Easement will confine Ihe use of the Property to such activilies, including without limitation, those involving the preservation and enhancement of native species and their habilat in a manner consistenl with the habitat conservation purposes of this Conservation Easement 2, Riqhls of Grantee, To ,accomplish Ihe purposes of this ,Conservation Easement, Grantor hereby grants and conveys the .following rights to Grantee and the Stale of California Department of Fish and Game as a third party beneficiary of this easement by Ihis Conservation Easement Deed: (a) To preserve and protecl 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 wilh, and 10 otherwise enforce the terms of, this Conservation Easement, including Grantor's obligation 10 manage the property consistent with Grantor's duties as set forth in section 4, and for scientific research and interpretive purposes by Grantee or its designees; and CDFG and its designees, (c) To prevent any activity on or use of the Property Ihat is inconsislent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property Ihat may be damaged by any act, failure to act, or any use Ihal is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to prolect and suslain the biological resources of Ihe 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 conservalion purposes of Ihis Conservation Easement and nol specifically reserved as a righl of Grantor is prohibited, Without limiting the generality of the for,egoing, Ihe following uses by Grantor, Grantor's agents, and third parties, are expressly prohibiled unless specifically provided for through the Poway Subarea Habitat Conservation Plan/NCCP (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompalible fire protection activities and any and all olher 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 Ihen only over existing roads, 2 , , . 13890. . Conservation Easement Deed Page 3 (c) Grazing or surface entry for exploration or exlraction of minerals; (d) Ereclion 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 culling of trees, shrubs, or other vegetation, except as required by law for (1) firebreaks, (2) maintenance of exlsling foot trails or roads, or (3) prevenlion or treatment of disease, (h) Planting of trees or olher vegetation except by written permission from the City of Poway 4 Grantor's Duties, Granlor shall undertake all reasonable actions to prevent the unlawful entry and Irespass by persons whose activities may degrade or harm the conservalion 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 furlher covenants 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 ilself, and to ils personal representalives, heirs, successors, and assigns, all rights accruing from its ownership of Ihe Property, including the right to engage in or to permil or invite others to engage in all uses of the Property that are consistent with the purposes of this Conservalion Easement 6, Grantee's Remedies, If Grantee determines Ihat Grantor is in violation of the lerms of this Conservation Easemenl or Ihat a violation is threatened, Grantee shall give written notice to Grantor of such violalion and demand in wriling correclive action sufficient to cure the violation, Grantee shall also nolify the California Deparlment of Fish and Game, If Grantor fails to cure the violation wilhin thirty (30) days after receipt of said written nolice and demand from Grantee, or if Ihe cure reasonably requires more than Ihirty (30) days 10 compieteand Grantor fails to begin Ihe cure within the thirty (30) day period or fails to continue diligently 10 complele the cure, Grantee may bring an action at law or in equily in a court of competent jurisdiclion 10 enforce the terms of this Conservation Easemenl, to recover any damages to which Grantee may be enlitled for violation by Grantor of the terms of this Conservation Easement, to enjoin Ihe violation, ex parte as necessary, by temporary or permanent Injunclion wilhoul the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equilable relief, including, but not limited to, Ihe restoration of the Property to the condition in which ilexisted prior 10 any.such violation or injury Without limiting Granlor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property If Granlee, in its sole discretion, delermines that circumstances require immediate action topreventor'nJitigate significant damage to the conservation values of Ihe Property, Grantee may pursue its remedies under this paragraph without prior notice to Granlor or withoul waiting for the period provided for cure to expire, Grantee's rights under this paragraph apply equally 10 aclual or threatened violations of the terms of this Conservation Easement Grantor and Grantee agree that Grantee's remedies for any violation of Ihe terms of this Conservation Easement is the injunctive ,relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of Ihe terms of this Conservation Easement in each case, without Ihe necessity of proving either actual damages or the Inadequacy of otherwise available legal remedies, Grantee's remedies described in Ihis 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 Seclion 815, et seq" inclusive, If at any time in the fulure Grantor or any subsequent transferee uses or threatens 10 u~e such lands for purposes inconsistent with this Conservation Easement, nolwithstanding Civil Code 3 c ., E' D~ 13891 . onservatlon asement ee Page 4 Section 815,7, Ihe California Attorney General or third-party entitles organized for conservation purposes have slanding as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of the easement 61 Costs of Enforcement Any costs incurred by Grantee or CDFG in enforcing the lerms of this Conservation Easement againsl Granlor, including, but not limited to, costs of suil and atiorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the lerms of Ihis 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,discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under Ihis Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Granlee of such term or of any subsequent breach of the same or any other term of this Conservation Easementor of any of the Grantee's rig his under Ihis Conservation Easement No delay or omission by Grantee or CDFG in Ihe exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be conslrued as a waiver 6,3, Acls Bevond Grantor's ConlroL Nothing contained in this Conservation Easement by Grantee shall be at the 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 prudenl action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant Injury to the Property resulting from such causes, 64 Department of Fish and Game Riqht of Eniorcement All rights and remedies conveyed to Grantee under this Conservalion Easement Deed shall extend to and are enforceable by Ihe Department of Fish and Game or USFWS, 7 Propertv Manaqement and Maintenance, Grantor and ils 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, alier receiving approval from Grantor, nol 10 be unreasonably withheld, access for scientific research and interpretive purposes, shall be reserved to Ihe Granlee and CDFG or 10 the respective designees of Grantee and CDFG, 9, Cosls and Liabilities, Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operalion, upkeep, and maintenance of the Property 91 Taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against Ihe 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 ils members, directors, officers, employees, agents, contractors, and Iheir heirs, and representatives, successors and assigns (collectively"lndemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, inciuding withoullimilation, reasonable atiorneys' fees, arising from or in any way connected wilh: (1) injury to or the death of any person, or physical damages to any property resulting from any act, omission, condition, or other matier relaled to or occurring on or about Ihe Property, regardless of cause; (2) the obligations specified in Sections 4,9, and 9,1, and (3) the existence or administration of Ihis Conservation Easement 4 " ~ 13892 . Conservation Easement Deed Page 5 9,3, Condemnation, The purposes of the Conservation Easement are presumed to be the besl and most necessary public use as defined at Code of Civil Procedure Section 1240,680 nolwithstanding Code of Civil Procedure Sections 1240,690 and 1240,700, 10 Assionment 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 aulhorized to acquire and hold conservation easemenls pursuant to Civil Code Section 815,3, Grantee shall require Ihe assignee to record Ihe assignmenl in the county where the Property is located, 11 Subse~uent Transfers, Grantor agrees to incorporate Ihe terms of this Conservation Easemenl in any deed or other legal inslrument by which Grantor divests itself of any interest in all or a portion of/he Property, including, without limitation, a leasehold interest Grantor further agrees to give written notice 10 Grantee or the CDFG of the inlent to transfer any interesl at least forty-five (45) days prior to the date of such transfer Grantee shall have the right 10 prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, lerms, conditions and restrictions of this Conservation Easement The faiiure of Grantor or Grantee 10 perform ,any acl provided in this section shall nol impair the validity of this Conservation Easement or limit ils enforceability in any way Grantor shall not grant additional easemenls or other interests in the property without the prior written authorization of Grantee and CDFG 12, Notices, All nOlices, demands, requests, consents, approvals, or communicalions 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 Ihe United States mail, certified and postage prepaid, relurn receipt requested and addressed as follows, or al such other address as any party may from time 10 lime specify to the other parties in writing: To Grantor' Patrick Hugh Bonaguidi and Kristen Kay Bonaguidi 10755 Scripps Poway Parkway #F-430 San Diego, CA 92131 To Grantee: City of Poway POBox 789 Poway CA 92074 With a copy to: Department of Fish and Game Natural Communily 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 Iransmission of a facsimiie, documents thai bear the original signatures, 13, Amendment This Conservation Easement may be amended by Grantor and Grantee only by mulual written agreement approved in writing by CDFG, Any such amendment shall be consistent wilh the purposes of Ihis Conservation Easemenl and, shall not affect its perpelual duration, Any such amendment shall be recorded in the official records of San Diego Counly, Stale 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 5 " ... 13893 . Conservation Easement Deed Page 6 15, General Provisions, (a) Controllinq Law The interpretation and performance of this Conservation Easement shall be governed by Ihe 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 10 effect Ihe purposes of Ihis 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 Ihal would render the provision valid shall be favored over any interpretation Ihat wouid render it invalid, (c) Severabililv If a court of competenl jurisdiction voids or invalidates on its face any provision of Ihis Conservation Easement Deed, such action shall not affect the remainder of Ihis Conservation Easemenl Deed, If a courl of competent jurisdiction voids or invalid ales the application of any provision of this Conservalion Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances, (d) Entire Aqreerllent This inslrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, underslandings, or agreements relating to the Conservation Easement, all of which are merged herein, No alteration or variation of Ihis instrument shall be valid or binding unless contained in an amendment in accordance with Section 13 (e) No Forfeiture, Nolhing 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 Easemenl Deed shall be binding upon, and inure to the benefit of, Ihe parties hereto and Iheir respective personal representatives, heirs, successors, and assigns and shall conlinue as a servitude running in perpetuity with Ihe Property These covenants hereunder benefiting Grantee shall also benefit CDFG, (g) Termination of Riqhts and Obliqations, A party's righls and obligatiorts under this Conservation Easement shall terminale 'only upon transfer of the party's interest in the Conservation Easemenl or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer (h) Caplions, The caplions in Ihis inslrument have been inserted solely for convenience of reference and are not a part of this inslrument and shall have no effect upon its construction or interpretalion, (i) Counterparts, The parties may execute this inslrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counlerpart shall be deemed an original instrumenl as against any party who has signed it In the evenl of any disparity between the counterparts produced, the recorded counterpart shall be controlling, UJ Modification, This Easement is not;subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or Iheir permitted successors or assigns, (k) Exhibits, All Exhibits referred 10 in Ihis Easement are attached and incorporated herein by reference, (I) Appropriations, The duty of the City of Poway and CDFG to carry out their respective obligations under Ihis 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, 6 , . t3894 . Conservation Easement Deed Page 7 IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and year first aoove written, GRANTOR: (NAME), Property Owners By' . By' Approved'as to Form: ANN S, MALCOLM, Deputy General Counsel CA DEPARTMENT OF FISH AND GAME By' Nd/ kfft-ItA-.!>t.13- Approved as to Form: Office of the City Attorney Stephen M, Eckis, City Attorney ~~ 7 . . 13895. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I' State of California } I' s: fI ss, County of C", j/.J " O~ 0 1 , : On ~f' , 2.0, '2t.J1J 'J before me, (y', I \ '0 "" IJ, ~. .)l["-, )Js1crJ P~bl(~ Date Q . ( Nama and Title 01 OHlcer (e.g,,"Jane Doe,NolaryPubl<e) A : personally appeared ;qt,...d< l-t- C.IlJ kr;.l./-,,,, j.i, ;?v.1C9,-,,<t; _I Namo(s}ofS'9ner(s) 1 ' ,I o personally known to me I. pi- proved to me on the basis of satisfactory ,I evidence I I I I' to be the person6> whose name~ isi~ ,I I, ~ ~ ~ - - ~ - - - -- - - ~ subscribed to the within instrument and I ~_ WIlliAM D, RIVERA acknowledged to me that heish~ execufed I .., CommiSSIon # 1381779, z the same in hisiheri@' authorized I ~ ... Notary P~bhc - Collfornlo ~ capacityliG}, ,and, that by hisiheridieli> I ~'~ Son Ole,,? County f signatu're~ on the instrument the persor6J, or 'I MyComm,EJq::tesOct2n:r06 the entify upon behalf of which the persort91 - -- - - - - - -- - - - -- acted. executed the instrument. : WITt J!l(;;;rt2--: I 1 I OPTIONAL ,I Thoug," the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 I fraudulent removal and reattachment of this form to another document. 1 : Description of Attached Document : I Title or Type of Document: C~d'-S"f~cb",^ ftiJJ'lI-",f D?'t"d " I 'I I, Document Date: /+pr-:, 1'2-0 7.-0t,J J Number of Pages: '8 ,I . ,I Signer(s) Other Than Named Above: JJ / I-l- I I Capacity(ies) Claimed by Signer 'I I I' Signer's Name: I 1 D Individual Top of thumb here I 0 Corporate Officer - Title(s): 1 0 Partner - 0 Limited 0 General 1 0 Attorney,in-Fact 1 0 Trustee I o Guardian or Conservator I I, 0 Other' I 1 I I, Signer Is Representing: I I ,I Q 1999 National Notary Association' 9350 De Soto Avo., P.O, Box 2402' Chalsworth, CA 91 313.2402' www.naj.onalnolary.orgPmd.No. 5907 Reorder: Call Toll-Free 1-800-876-6S27 . . 13B'96 . Conservation Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify Ihal the interest in real property conveyed by the Conservation Easement by Patrick Huqh Bonaquidi and Kristen Kav Bonaquidi. dated April 26, 2003 ,to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No, 34 of the City of Poway on January 20, 1981 GRANTEE, City of Poway By: Title: Lo i Anne Peoples, Citv Clerk Authorized Representative Date: June 20, 2003 C:\DATA\Oda\MDRA\MDRA01-046'bonaguidi bio cons ease.doc 8 , . 13897 . EXHIBIT "A" BIOLOGICAL CONSERVATION EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO 11912, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 21,1982, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 2 DISTANT THEREON NORTH 23'26'58" WEST 16799 FEET FROM THE SOUTHEASTERLY CORNER THEREOF, SAID POINT BEING ON THE NORTHWESTERLY LINE OF A FLOWAGE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT NO 81-244958 RECORDED AUGUST 8, 1981 OF OFFICIAL RECORDS, THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID NORTHWESTERLY LINE, SOUTH 39'26'58" WEST 400 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 65'55'45" WEST 140.28 FEET, THENCE SOUTH 79'38'03" WEST 71.34 FEET, THENCE SOUTH 88'26'36" WEST 76,64 FEET, THENCE NORTH 48'41'15" WEST 192.42 FEET; THENCE NORTH 3'29'18" WEST 82,67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 10000 FEET TO WHICH A RADIAL LINE BEARS SOUTH 48'22'05" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'47'07" A DISTANCE OF 2406 FEET, THENCE ON A NON-TANGENT BEARING NORTH 71'27'58" WEST 18.22 FEET, THENCE NORTH 34'47'22" WEST 71 46 FEET, THENCE NORTH 20'00'57' WEST 36,38 FEET, THENCE NORTH 9'21'45" WEST 85,51 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID WESTERLY LINE SOUTH 0'58'48" EAST 632,69 FEET TO THE NORTHERLY LINE OF SAID FLOWAGE EASEMENT, THENCE LEAVING SAID WESTERLY LINE ALONG SAID NORTHERLY LINE, NORTH 87'16'03" EAST 22543 FEET, THENCE NORTH 68'21'34" EAST 95,09 FEET, THENCE ALONG SAID NORTHWESTERLY LINE OF SAID FLOWAGE EASEMENT, NORTH 37'48'02" EAST 128,74 FEET, THENCE NORTH 39'26'58' EAST 18764 FEET TO THE TRUE POINT OF BEGINNING, \~ l\; " , -- N86'53'15"E 340,85' EXHIBIT "B" ... ---------- ---..-) 13898 I "- IRREVOCABLE OFFER OF DEDICATION FOR ROADWA Y PURPOSES, SLOPE RIGHTS AND ( DRAINAGE EASEMENTS GRANTED TO THE SCALE 1"=100' COUNTY OF SAN DIEGO BY DOC, NO, 81- 244956 REC, 8/3/1981 IN BOOK 1981 OR, , -N- ' - LINE BEARING DISTANCE j L1 S9'21' 45 "E 85,5" Ii:'I L2 S20'OO'57"E 36,38' l;il L3 S34'47'22"E 71.46' , L4 S71'27'58"E 18,22' (gl L5 S3'29'18"E 82,67' <VI ."vI L6 N88'26'36"E 76,64' f, OJ <4 ;1 L7 N79'38'03"E 71.34' "', PCL J I L8 N65'55' 45"E 140,28' ~. PCL 3 0.1 L9 S37"48'02"W 128,74' 'IJ, < L10 S39'26'58"W 187,64' '" L11 N39'26'58"E 4.00' ~ ,<{) (j' --' 'v' o. 10 DELTA <{) 13'47'07" <ci N 00", s" P,M 2 <0' , 6'. ~ N. "7' Po,s. 00t') . 7S.... .. <0 , PM 11912 10 <f' <{) 7,9 0 ? z "",. L6 EASEMENT AREA=2.690 ACRES --- --- / / '::/ / ' ,~.;'<. EXISTING FLOWAGE \. ~'6~~\9 / EASEMENT GRANTED N87"16'03"E 225.43' TO THE COUNTY OF ~ SAN DIEGO BY DOC, ~ NO, 81- 244958 REC, ~ 91--\ 8"3(1981 IN BOOK _ _ _ - - \./',,';''/.. \)~"r 1 8 O,R, '/..() I( " ~1 \ .\e A'()'/.. _ _ N89'38'33"E 129.12' b""- I BIOLOGICAL CONSERVATION EASEMENT PLAT 1"-100' SPEAR &. ASSOCIATES, INC, ~ JOB NO SCALE 02-321 2/12/03 CIVIL ENGINEERING AND LAND SURVEYING DATE 750 N, CITRACAOO PKWY STE 2, ESCONOIDD, CA 92025 ' DWG NO 02-321 ES2 DRN, TEP CK, RJS (760) 737-7272 FAX (7601 737-7274 SEE 1130 ",,13899 '~"",;""~' ,'>!iIJ.:IlliJ#fJJ/!'f.)t, 1150 eI~ ~~~'t$'f..i'f2}~Wt~~. ,!~~i~";Jr~ ,~.':'>>'IW?".t~ ~1Ii!i'J1~L~.' ~i~:~Jt6.3t;..y~~ ~~"K\i[~1fA: , l~" ~ PASECl , , SAN ~ DEl SO , " CREEl< I , ~."" 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