Conservation Easement Deed 2003-0710697
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RECORDING REQUESTED BY: .:rUN 17. 2003 9:10 AM
CITY OF POWA Y I ,
I OFfICIALJlECORDS I
i SAIUiIElillCllUNlV RIDlRDER'S OFfICE ,
WHEN RECORDED MAIL TO: I
CITY CLERK , GREIiJRV J; SMITH, CllUNlV REOJRDER
(0 I FEES: 0.00
CITY OF POWAY
POBOX 789 DC: NA
),if POWAY CA 92074-0789 ----- -----~ -- --- --.--
N: ~ A Space Above Line for Recorder's Use Only
. C APN 321- ).Q0-08 and a portion of 321- ).QO-O 1
0
CONSERVATION EASEMENT DEED 9
'1
THIS CONSERVATION EASEMENT DEED is made this 1st day of November 2002, by NorthPoint 4
Development, Inc" ("Grantors"), in favor of City of Poway ("Grantee"), aclirtg by and through its 4
Development Services Department, with reference 10 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 possesses wildlife and habilat values (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 of the California Gnatcatcher, which is listed as a threatened species on the
Federal Endangered Species list California Gnatcatchers were observed on site, Conservation of this
property therefore will preserve habitat of a protected species)
0 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 for these purposes pursuant to California Civic Code Section 815,3(b),
E The State of California, by and through its Department of Fish 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 States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation, protection, resloration, enhancement and management of fish, wildlife and native plants
and the habitats on which Ihey depend under the Endangered Species Act, 16 U S,C section 1531 et
seq, (ESA), the Fish and Wildlife Coordination Act, 16 U,S,C, section 661-<366c and other applicable laws,
G, This Conservation Easement provides protection for 64,6 acres of land that contains
various Iypes of habitat located within the City of Poway's Subarea, Habitat Conservation Plan/NCCP
. Focused Planning Area,
1 /">) I' I." J! / ':XYLf-:fij'
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03 -eft?
Conservation Easement oA .
Page 2
H, Granlor intends to convey to Grantee the right to preserve and protect the conservation
values ofthe Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's mitigation for 54 acres to satisfy Northpoint
Development lnc for a residential subdivision called Heritage Ranch Estates tract 98-02, 10 acres for
mitigation to satisfy Ner Tamid for a Religious Facility in Poway and 0,6 acres to satisfy mitigation for a
single family residence for the Thompson property located in Poway
L 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 10 come
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and 9
restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq, , '1
Grantor hereby voluntarily deeds and conveys to Grantee conservation easement in perpetuity over the 4
Property of the nature and character and to the extent hereinafter sel forth ("Easement"),
1 Purpose, The purpose of this Conservation Easement is to ensure the Property will be 5
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 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 Iheir 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 of this 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, Ihis Conservation
Easement, including Grantor's obligation to 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 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 Conservalion Easement;
(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(e) To enforce by means including, injunctive relief, Ihe 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 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 Ihird parties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservalion Plan/NCCP
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Conservation Easement D. .
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(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatemenl
activities, incompatible fire protection activities and any and all other uses which
may adversely affect Ihe purposes of this Conservation Easement;
(b) Use of off-road vehicles; except vehicles used for property maintenance required
by Ihe 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;
(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 9
roads or changing the grade of the Property; '1
(g) Removing, destroying, or cutting of trees, shrubs, or other vegelation. except as 4
required by law for (1) firebreaks, (2) maintenance of existing foot trails or roads, 6
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 prevenl the unlawful
entry and trespass by persons whose activities may degrade or harm the conservation values of the
Property In addition, Grantor shall undertake all necessary actions 10 protect Grantee's rights under
Section 2 of this Conservation Easement Grantor further 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 itself, and to its personal represenlatives, heirs,
successors, and assigns, all rights accruing from ils 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
Ihis Conservation Easement or that a violation is Ihreatened, Grantee shall give written notice to Grantor
of such violation and demand in writing corrective action sufficient 10 cure the violation, Grantee shall
also notify the California Department of Fish 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 reasonably 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 compelent jurisdiction to enforce the terms of this Conservation Easement, to recover any
damages 10 which Grantee may be 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 condilion in
which it existed prior to any such violalion 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 10 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 of the 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 the terms of this Conservation Easement in each case, without the necessity of
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Conservation Easement o. .
Page 4
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 rtow or
hereafler existing at law or in equity, including but not limited to, the remedies set forth in Civil Code
Section 815, et seq" inclusive,
It at any lime in the future Grantor or any subsequent transferee uses or threatens to use
such lands tor 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
The California Department of Fish and Game (CDFG) as a third party beneficiary of this
easement shall have the same rights as Grantee under Ihis 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 9
this CDnservatiDn Easement against GrantDr, including, but nDt limited to, costs of suit and attorneys' 1
fees, and any CDStS of restDration necessitated by Grantor's violatiDn or negligence under the terms Df this
ConservatiDn Easement shall be borne by Grantor Ii
,
6,2, Grantee's DiscretiDn, Enforcemenl of the terms of this CDnservatiDn Easement by 7
Grantee Dr CDFG shall be at the discretiDn of Grantee and CDFG, and any fDrbearance by Grantee or
CDFG to exercise its rights under this CDnservatiDn Easement by Grantor shall not be deemed or
cDnstrued to be a waiver by Grantee Df such term Dr of any subsequent breach Df the same or any other
term Df this Conservation Easement or of any of the Grantee's rights under this Conservation Easement
No delay or omission by Grantee Dr CDFG in the exercise of any right or remedy upon any breach by
GrantDr shall Impair such right or remedy Dr be cDnstrued as a waiver
6,3, Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement by
Grantee shall be at the discretion of Grantee and CDFG 10 bring any action against Grantor for any injury
tD 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 conditiDns to prevent, abate,
or mitigate significant injury tD the Property resulting from such causes,
6.4. DeDartment Df Fish and Game Riahl of Enforcement All rights and remedies conveyed
to Grantee under this Conservation Easement Deed shall extend tD and are enfDrceable by the
Department of Fish and Game or USFWS,
7 Propertv Manaaement and Maintenance, Grantor and its successors shall maintain Ihe
Property in accDrdance with the terms and cDnditions as set forth herein,
8. Access, This Conservation Easement does not convey a general right of access tD the
public; hDwever, afler receiving approval frDm 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 respansibilities and shall bear all costs and
liabilities Df any kind including transfer costs, costs of title 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
92- 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 and assigns (collectively "Indemnified Parties") frDm and against all liabilities, penalties, cDSts,
losses, damages, expenses, causes of actiDr], claims, demands, or judgments, including
~\'
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Conservation Easement o. .
Page 5
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
9,3, Condemnation, The purposes of the Conservation Easement are presumed to be the
best and most necessary public use as defined at Code of Civil Procedure Section 1240,680
notwithstanding Code 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 9
record the assignment in the county where the Property is located, 1
11 Subsequent Transfers, Grantor agrees to incorporate the terms of this Conservation 4
Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest Grantor further agrees to give 8
written notice to Grantee or the CDFG of the intent to transfer any interest at least forty-five (45) days X
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 lime specify to the other parties in writing:
To Grantor' NorthPoint Development, Inc,
402 West Broadway, Suite 2175
San Diego, CA 92101
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 amendment s~all be recorded in the official records of San Diego County, State of California,
5
ConseNation Easement D. .
Page 6
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.
15, General Provisions,
(a) Controllina 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 9
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) Severabililv If a court of competent jurisdiction voids or invalidates on its face
any provision of this Conservation Easement Deed, such action shall not affect A
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 Aareement. This instrument sets forth the entire agreement of Ihe 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.
(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 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 Riahts and Obliaations, A party's rights and obligations under this
Conservation Easement shall terminate only upon transfer of the party's interest
in Ihe Conservation Easement or Property, excepl 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,
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Conservation Easement 01 .
Page 7
OJ 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 Exhibils referred to in this 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 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,
IN WITNESS THEREOF, Granlor and Grantee have entered into this Conservation Easement the 9
day and year first above written, 1
GRANTOR: 4
NorthPoint Dev~pm;nt, Inc, 9
X
By' fi-L.:7~
Bruce E. Tabb
Approved as to Form,
ANN S, MALCOLM, Deputy General Counsel
CA DEPARTMENT OF FISH AND GAME
BY~S~
Approved as to Form:
Office of the City Attorney
Stephen M Eckis, City Attorney
7
CALIFORNIA ALL-PUR4E ACKNOWLEDGMENT .
,
State of Cat;~.CI
.
Counly of J~ Ike.c;o
v Rosado C ?ulil '~
v{,Ute 5 "
On ;;LOO3 before me. IIU
,
Dale 8ruce 7ap/:J Name and Title 01 Officer Ic"}
personally appeared E
Name(s)of Signer(s)
krpersOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(5)
whose name(st is/are subscribed to the within instrument
and acknowledged to me that he/sReflRey executed the
same in his/hefAAeir authorized capacity(ies). and that by
his/hetitlmir signature(s) on the instrument the person(s),
ii- -.,;.:,,-c:~ -. r " or the entity upon behalf of which Ihe person(s) acled. Cf
executed the instrument
i ", Commtsslon * 1:l!l1765 ' /
Nolay f'ubl!c - CaIlfaoilIcl WITNESS my hand and official seal. 9
j San DIego County - 4-1.~
' - - - ~~,&piBs-2D.~f
- - - - _. A
/ Signaturej Notary Publi
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~vt-h't1/J eaCJetM~ jJ~ed
Document Date: Nme#tfw1 ~ dOO~ Number of Pages: 1/
A1tn j', Mafu-tvnl , J~6k1 H tChf
Signer(s) Other Than Named Above: ~
-
Capacity(ies) Claimed by Signer(s)
Signer's Name: bI^tAC(! e lCfbb Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
-\ Title(s): Title(s):
[J Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Facl
o Trustee o Truslee
o Guardian or Conservator o Guardian or Conservator
o Other' Top of thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
NIkf/1/Mhf /Jweq / .L~
C 1994 National Notary Association' 8236 Remmet Ave" P,O. Box 7184' Canoga Par'K, CA 91309-7184 Prod No. 5907 Reorder: Call Toll-Free l_8OQ_876_6a27
ConseNation Easement o. .
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real rOcf:erty conveyed by the Conservation Easement by
(Propertv Owner (s), dated November 1, 0 2 to the City of Poway, Grantee, and to the
California Department of Fish and Game, as a third party beneficiary, a governmental agency (under
Governmenl 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 c:-.bt\ OJ -Lt.! O~ 9
Sherrie D. Worrell, Deputy City Clerk 1
Title: Lori Anne Peoples, Citv Clerk 5
Authorized Representative
Date: May 23, 2003 0
X
8
',' . .
EXHIBIT "A"
LEGAL DESCRIPTION
BIOLOGICAL OPENSPAGE EASEMENT
THAT PORTION OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
RECORD OF SURVEY NO 2201 FILED IN THE OFFICE OF'THECOUNTY RECORDER OF SAID
COllNTY JUNE 10, 1949 AS FILE OF THE NO 5 J 617 DESCRII3EDAS FOLLOWS,
THEN()RTHWEST 1, OF THE SOUTHWEST 1, AND A PORTION OF THE SOUTHWEST 1, OF THE
NORTHWEST 1, OF SAID SECTION 5 MORE PARTICULARLY DESCRIBED AS FOLLOWS
PARCEL A
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1, OF THE NORTHWEST 1"
THENCE ALONG THE WEST LlNE,OF SAID SECTION 5, SOUTH 00048'22" WEST 716,51 FEETTO r;
A POINT IN A LINE PARALLEL WITH AND DISTANT NORTHWESTERLY 30,00 FEET
MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THAT CERTAIN EASEMENT !
AND RIGHT OF WAY FOR INGRESS AND EGRESS, UTILITIES AND RELATED PURPOSES 1;
CONVEYED BY DEED RECORDED MARCH 28, 1978 AS FILE NO 78-119452 OF OFFICIAL
RECORDS,
THENCE ALONG SAID PARALLEL LINE, NORTH 82'29'49" EAST 476,66 FEET, A
THENCE NORTH 71'29'20" EAST 136,97 FEET,
THENCE NORTH W26'26" WEST 631.57 FEET TO A POINT IN THE NORTH LINE OF SAID
SOUTHWEST 1, OF THE NORTHWEST 1"
THENCE ALONG SAI D NORTH LINE, NORTH 89'51' 53" WEST 420:45 FEET TO THE POINT OF
BEGINNING,
PARCEL B
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST V, OF THE NORTHWEST 'I',
THENCE ALONG THE WEST LINE OF SAID SECTION 5, SOUTH 00048'22" WEST 777 15 FEET TO
A POINT IN A LINE PARALLEL WITH A!\'D DISTANT SOUTHEASTERLY 30,00 FEET
MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF THAT CERTAIN EASEMENT
AND RIGHT OF WAY FOR INGRESS AND EGRESS, UTILITIES AND RELATED PURPOSES
CONVEYED BY DEED RpCORDED MARCH 28, 1978 AS FILE NO 78-119452 OF OFFICIAL
RECORDS, SAID POINT BEINGTI-IE TRUE POINT OF BEGINNING,
THENCE ALONG SAID PARALLEL LINE, NORTH 82"29'49" EAST 476,66 FEET,
THENCE NORTH 71029'20" EAST 138:48 FEET,
THENCE SOUTH 14026'26" EAST 456:42 FEET,
THENCE SOUTH 89'44'44" EAST 658,99 FEET TO A POINT IN THE EASTERLY LINE OF SAID
SOUTHWEST y, OF THE NORTHWEST1"
THENCE SOUTH 00015'16" WEST 1604,99 FEET TO THE SOUTHEAST CORNER OF SAID
NORTHWEST ';',
THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST';:', l>IORTH 88'59'00" WESTI396,79
FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST y:;OF THE SOUTHWEST 1"
THENCE ALONG THE WEST LINE OF SAID SECTION, NORTH 00'48'22" EAST 1919 10 FEET TO
THE TRUE POINT OF BEGINNING,
SAID PARCELS A AND B CONTAIN 64,6 ACRES NET
, .
'1 .~
, EXHIBIT liB"
. ,
BIOLOGICAL OPEN SPACE EASEMENT
P.O,B.PCLS. A & B pORTION OF SECTION 5, 'r:15S. , RJW. , SB.M.
NW COR, SW 1/4
OF NW 1/4 SEe 5
, N89;5)'5;3''W - - - -
420 45! :z
~
WJ . POLcry to EXGEPT'THEREFROM
~ ..- ,(J.1 . PAR, 15. 16 AND
"J. 11') A ~,O>; ,
~.~ <0 ~ '~ ,/ / ~ PAR. 17 .oF DEED
REG, 3/28/1978
<Xl ~ "~ //y' FILE NO, 78'-119452.
;t,r::: i'. "49"E ,,z, d/
gi'. N82'2~,;\;t ___;/' \ O,R
< 4621~ /--- 9
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4 ' "E "" <J1 5
82~29'49 ~, ~
N., IV, :\" 1
TRUE P.O.B, POFL, 0>; IV. N89'44'44''W 'I
peL. B r.W '1//1 OF IV '
o . ~ '~ --,
NW '1/ 4 ,~ 658.99
I, C' . r . -- - - - -
0-'0- - -
0 ~ ' ONE DATA
.
01 01,
~ 01 NO. BEARING DISTANCE
01 '* N7F29'20"E 136,97'
1/4 COR ~ PARCEL B 0 11
SEes, 516 en L2 N71'29'20"[ 138:48'
}Ll ~
"J NW 1/4 OF '}U.
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