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Biological Conservation Easement Deed 2003-0956301 _. . DOC t2003~0956301 , 9.4,50 , - " AM ; RECOR.~ING'REQUESTEDiBY: AUG 08 ~ 1'2003 9:1.0 CITY OF PO,WAY OFFICIAL RECORDS WHEN REc;ORDEDMAIL TO: SAN DIEGO COUNTy RECORDER'S OFFICE CITY CLERK GREGORY J. SilITH, COUNTY RECORDER CITY OFPOWAY' illS: 0.00 OC: NA ,() POBOX 789 ., ' ~ryJ ,\~ POWAY CA 92074-0789 [ii!iiiiiillillll!iiil!iilliillllililiiliili~ijl~,,:!\i!i "i!!!i,1 !!!i '1_ (ff(;oI'ASSESSOR'S PARCEL NUMBER: 278-300-60 ,--IIJI!!"l~l!~~,]!2QOJCQ956JOt.. ",1"-,,,,1,,11, 1.11,,,, 1 ,~ BIOLOGICAL CONSERVATION EASEMENT DEED THIS BIOLOGICAL CONSERVATION EASEMENT DEED is made this ! I jf day ot,h,.tltl~003, by Eric M. Bodiker and Terri R. Bodiker, ("Grantor"), in favor of City of Poway ("Grantee"), act g by and through its Development Services 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 possesses wildlife and habitat vaiues (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, disturbed coastal sage scrub and oak woodland habitat. Coastal sage scrub is the habitat of the California Gnatcatcher, which is;listea as a threatened species on .the Federal Endangered Species list. Conservation of the 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, agricullural, historical, forested, or '1pen space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civil 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 managemimt of fish, wildlife, native plants and the habitat necessary for biologically' sustainable populations ofthose species. F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of. fish, wildlife and native plants and the habitats on which they 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 661-666c and other applicable laws. G. This Biological Conservation Easement provides. protection for 2.35 acres of land that contains high quality costal sage scrub and .,12 acresof,oak woodland habitat 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 protect the conservation values ortM Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's. removal of .985 acres of undisturbed coastal sage' scrub, .38 acres of disturbed coastal sage scrub, and .04 acres of oaK woodland, This is a mitigation measure for such removal of .985 acres of undisturbed coastal sage scrub, .38 acres of disturbed coastal sage scrub of costal sage scrub, and 12,acresof'oak wooaland. [5bll~' (g 1 C) -::)- , lrc.o , 9451 . .- I. Grantee:'agrees by acceptingothis granHo honor the intentions of Grantor stated herein and to pres~r:v,e,and. to prgtect in perpetuity the cons~rvati9n values of the Property in accordance with the terms,ofthis'Conservation Easement for the'benefit of this generation and the generations to come. COVENANTS, TERMS. CONDITIONS AND RESTRICTiONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily deeds and conveys to Grantee a conservaiio~ easement in perpetuity over the Property of the nature and character and to the.extent hereinafter set forth ("Conservation Easement"). 1 Purpose. The purpose of this Conservation Easement is to ensure the Property will b,e 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 their habitat in a manner consistent with the habitat conservation purposes.of this Conservation Easement. 2. RiQhts of Grantee. To .accomplish the purposes ofthis Conservation Easement, Grantor hereby grants and conveys the following ,rights to Grantee, and to CDFG 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 Conservation Easement; (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with,.and to otherwiseeiiforce the terms of, this Conservation Easement, inCluding Grantor's obligation to manage the Property consistent with Grantor's. duties asset 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 Conservation Easement; (d) All mineral, air and water rights necessary to protect and sustain the, biological resources of the Property; and (d) To enforce by means including, injunctive relief, the terms and conditions of the Conservation 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 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, inqompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off-road vehicles; except vehicies used for property maintenance required bylhe City of Poway, and then only over existing roads: (c) Grazing or surface entry for expioration or extraction of minerals; (d) Erection of any building, billboard. sign: 2 . 9452 . (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 harm the conservation values of the Property In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under Section 2 of this Conservation Easement Grantor further covenants that maintenance 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, and assigns, all rights accruing from its ownership of'.the Property, including the right to engage in or to permit or Invite, others to engage in a[1 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 thiltaviolatlon 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 CDFG. 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 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, ex parte as necessary, by temporary or permanent injunction without the: necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, .or,for other equitable relief. including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury Without limiting Grantor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property If Grantee, in Its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation. values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for, the period provided for cure to.expire. Grantee:s rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement Grantor and Grantee'agreethat Grantee's remedies for.any violation of the terms of this Conservation Easement includ,e the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement in each case, without the necessity of proving either actual damages or the inadequacy of otherWise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or In equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. Ifat any time in the future Grantor or any'subsequent.transferee uses or threatens to use such .Iands for purposes inconsistent with this ConserVation Easement, notwithstanding Civil Code Section 815.7,the California Attorney General or third"party entities organized for conservatior purposes have standing, as interested parties in any proceeding affecting .thls Conservation Easement as against Grantor 3 . . 9453 CDFG. as a third party beneficiary of this Conservation Easement shall have the same rights as GrantEleiunder this section to enforce the terms of the Conservation 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 of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easemenl.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 djscretion of Grantee and CDF(;, and any forbearance by Grantee or CDFG to exercise its rights und,Elr this Conservation Easement by Grantor shall not be deemed or construed to be a waiver of such'te,rrl1.or of any subsequent breach of the same or any other term of this Conservation Easement or of any of'the,Grantee's or CDFG's rights under this Conservation Easement. No delay or omission by Grantee or CDFG in the exercise of any rig'tlt or remedy upon any breach by Grantor shall impair such right or remedy or be construed as.a waiver 6.3. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to' entitle Grantee or CDFG to bring any action against Grantor for any injury to or change in the Properly resultii1gJr~m causes beyond Grartor's control, including fire, flood, storm, and earth movement, or from any prudent action taken by Gral1tor 'uncler emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4 Department of Fish and Game Riqht of Ellforcement. All rights and remedies conveyed to Grantee under' this Conservation Easement Deed shall e)(te'nd to and are enforceable by CDFG or USFWS. 7 Property ManaQement and Maintenance. Grantor'.and its successors shall maintain the Property in accordance with the terms and conditions as set forth herein. 8. Access. This Conservation .Easement does not convey a general right of access to the public; however; after receiving approval from Grantor, not to be unreasonably withheld, access for scientific research and interpretive' purposes, shall be reserved to the Grantee and CDFG or to the respective designees of Grantee.and CDFG. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind includirig transfe'r 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 delinquenc:y 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'shallfurnish Grantee and CDFG with satisfactory evidence of payment upon request. 9.2, .Hold Harmless. Grantor shall hold harmless, indemnify. and defend Grantee and CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and representative,s, ~uccessorsand assigns (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, iosses, damages; expenses, causes of action;. claims, demands, or judgments, including without limitation, reasonable atb:>rneys' 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 4 . . 9454 10. Assiqnment. This Conservation Easememt may not be transferred, assigned, or extinguished",!ithouH~e prior written approval ofCDFG. 'Grantee'may assig~ its rights and obligations under thi,~Conservation Easement only to an entity or organization authorized to acquire and hold, cons~ryation easements pursuan) to Civil Code Section 815,3. Grantee shall require the assignee to record the assignment in the county where the Property is located. 11 Subsequent Transfers. Grantor agrees to incorPorate th~ terms of this Conservation Easement in any deed or other legal Instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehoid interest. Grantor further agrees to give written notice to Grantee and CDFG of'the intent to transfer any interest at least forty-five (45) days prior to the date of such transfer Grantee or CDFG shall have the right to prevent subsequent transfers in which prospective subsequent clairnants or transferees are not given notice of the covenants. terms, conditions and restrictions of this Conservation Easement. The fai"lure 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 ,rnail, certified and postage'.prepaid, return receipt requested and addressed as follows, or at such other address as any party may from time to time specify to the other parties in Writing: To Grantor' Eric M. and Terri R. Bodiker 6717 Osler Street San Diego, CA 92111 To Grantee: City of Poway P.O Box 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 facsimiie signed docurnents 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 mutl.lal written agreement ,approved in writing by CDFG. Any such amendment shall be consistent with the purposes of this Conservation Easernent and, 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 instrument in the official records of San Diego County, California and immediateiy notify the Grantee and CDFG through the mailing of a confirmed copy of the recorded easement. 15. General Provisions, (a) ControllinQ Law The interpretation and performance of this Conservation Easementshallbe governed by the laws of the State of California. 5 , . . 9455 (b) Liberal. Construction. Any general rule of construction to the contrary notwithstanaing"this Cons'ervationEasemerit shall be liberally construed in favor of the,deed.toeffectthe purposes of this,Conservation, Easement and the policy and purpose of Civil Code Section 815, et seq. If any:provi~ion'in this instrument is found to be ambiguous, an interpretation consistent with the purposes of '!hLs Conservation Ea~.ement th'!t would render the provision valid shall be favored over any interpretation'that would render it invalid. (c) Severabilitv If a ~ourt of competent jurisdiction voids or invalidates on its face any provision of this Conservation Eas,!ment Deed, such action shall not affect the remainder of "this Conse"rvation Easement Deed. Ila 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 Conservatio~. 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 accordancewith Section 13. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (I) Successors. The covenanls, terms, conditions, and restriciions 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 Riqhts and.ObIiQations.. A party's rights and obligations under this Conservation Easement shalltermin'ate ol1ly upon transfer of the pany's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be,signed by Grantor and Grantee: each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. Ul Modification. This Conservation Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns. (k) Exhibits. All Exhibits referred to in this Conservation Easement Deed are attached and incorporated herein by reference. (I) Appropriations. The duty of the City' of Poway and CDFG to carry out their respective ol:J!igations under this Conservation Easement Deed shall be subject to the availability of appropri'!ted funds. (m) Effective Date. This Conservation Easement shall be effective upon recording wiif1 the San tiiego County Recorder's Office. 6 .. 9456 IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and'year first'above written. GRANTOR: Eric M. Bodiker and Terri R. Bodiker, Property Owners of APN 278-300-60 By', ~~ Eric M. Bodiker Terri R. Bodiker ~~~~-".'" ~""'-"'''''''""i' . . /JAAYA1~N CA3TEUANOS Approved as to Form: ~ Commi",ion S 1253COB ~ ANN'S. M';LCOLM, Deputy Genera! Counsel ~ 6)~1::f0h r--lotlJry P~J:';;lic _ CalifQrnia :?: CA DEPARTMENT OF FISH AND GAME ~ '~~~~iV. SO" ?:qa Coun'y :(: ~~::~~ ,~;;~~~~;~~:~~~~;~,:..,~ BY'~~ Ann S. Malcom, 'Deputy=General Counsel Approved as to Form: Officeofthe City Attorney Stephen M. Eckis, City Attorney is, City Attorney 7 . 9457 . Acknowledgement State.of California County of San Diego On Tuesday, January 21, 2003, before me, Maryann Castellanos, Notary Public, personally appeared Teri and Eric Bodiker, personally known to me to be the persons whose naines are subscribed to the withiri instrument and acknowledged to me that they executed the same in their authorized capacity, and that their signatures on the instrument, the person, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal W.RYANN CASTEl.LANOS ~ Commjssion#1253ooa z ," ...., ,_.-:.-<,':''u,'_ .:< . :;.': Signatur~7;1a;t:;tLf( (Ju~ ...:: ;:::,."~";,,,,.r,~,. HotJ.ry :!:K:llc. Call1orma :~ :z .~;".l~, '~,":C~;'..;J -. '", \:!.;~~-i-..~.:r;'?lj/1 S<]n"Dlego Cour.ty r } 'l>.'" _~l.' c~.. 1 ~ <;!.\~~J/ MYCG"'~n u"";ru--sFet,lJ '1 A.'~~ r....'~~,..~~,..t:;:.~'~ Mary Castellanos Notary Seal. . 94,5,8 . EXHIBIT A THAT PORTION OFTHE NORTH HALF OF THE NORTHEAST QlJARTE,R OF THE SOUnj~ST QUARTER OF SECTION 32, TOWNSHIP 13.S0UTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE, ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 02005'01" WEST, 64975 FEET TO THES0UTHEASTERL Y CORNER OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 AS DESCRIBED IN PARCEL 3 IN DEED TO ROBERT JAMES MCNAUL, EX UX, RECORDED DECEMBER 16, 1959 IN BOOK 8049, PAGE 76 OF OFFICIA~ RECORDS, AND BEING A POINT HEREIN DESIGNATED AS POINT "Z;"THENCE, RETRACING ALONG SAID WESTERLY LINE NORTH 02'05'01" EAST, 1'541 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 15.00 FEET NORTHERLY OF AND MEASURED AT RIGHT ANGLES TO A LINE WHICH BEARS SOUTH 74035'50" EAST FROM SAID POINT "Z;" THENCE ALONG SAID PARALLEL LINE SOUTH 74'35'50" EAST, 50.54 FEET, THENCE, NORTH 38'17'2?" EAST, 157.93 FEET, THENCE, NORTH 70025'21" EAST, 4480 FEET, THENCE, NORTH 88030'21" EAST, 1.26 FEET TO THE TRUE POINT OF BEGINNING, THENCE, NORTH 88'30'21" EAST, 156.26 FEET, THENCE, SOUTH 68'50'09" EAST, 10112 FEET, THENCE NORTH 35053'08" EAST, 81.66 FEET, THENCE, SOUTH 66021'07" EAST, 110.22 FEET, THENCE, NORTH 15024'23" EAST, 165.85 FEET, THENCE, NORTH 76019'53" EAST, 173.58 FEET, THENCE, NORTH 34'30'37" WEST, 2140 FEET,THENCE, NORTH 45'37'22" WEST 14940 FEET, THENCE, NORTH 19'36'52" WEST, 132.49 FEET, THENCE, NORTH 41'32'53" EAST 81,18 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE, ALONG SAID NORTHERLY LINE NORTH 89'12'57" WEST, 669 89 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER SOUTH 02'05'01" WEST 259.23 FEET, THENCE, SOUTH 46'29'00" EAST 74.23 FEET, THENCE, SOUTH 78'31'45" EAST 41.54 FEET, THENCE, SOUTH 49027'30" EAST 9143 FEET; THENCE, SOUTH 05'34'00" EAST 12998 FEET TO THE TRUE POINT OF BEGINNING Conservation Easement DJI 9459 . Page 8 CERTIFICATE OF ACCEPTANCE Thisis,to Certify that the interest in real property conveyed by the. Conservation Easement.by Eric M. Bbdiker and Terri R. Bodiker, dated Januafv 21. 2003 to the City of Poway, Grantee, and,to the.California Department of Fish and Game, as athird:partybeneficiary. a'governmental agency (under Government Code Section 27281). is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authorityconfe'rred by Resolution No, 34. of the City of Poway on January 20, 1981 GRANTEE. City of Poway "::r (L :-P~O, Lk Title: L n Anne,Peoples, CltvClerk Authorized Representative Date: Auqust 7, 2003 8 EXHIBIT "8" CONSERVATION EASEMENTS I N 89'12'57" W :..-- ",a 5' . ~ N 81'50'42" W -,'5 ' . ~ ''2V\~ .... 311.17' 9 It) 0 0 N ~ 0 :z .~ ~ +l!: COSTAL SAGE SCRUB HABITAT = 2.35 AC t,. > 6'0.?, y, OAK WOODLAND HABITAT = 0,12 AC. 'b ,!,~\9a N78"31'45"W - ~~ \7" Vii 41.54' TOTAL .. 2.47 AC. 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