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-
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" , ' . 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
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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
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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
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Conservation Easement Deed
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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
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Conservation Easement Deed
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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
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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
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. 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' ~
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10 DELTA
<{) 13'47'07"
<ci
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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
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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
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