Biological Conservation Easement Deed 2003-0956301
_.
. DOC t2003~0956301
, 9.4,50
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; 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
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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:
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(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
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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
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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.
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(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.
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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
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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
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~ <;!.\~~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
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0 0
N ~
0
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+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. 'SV.~
. 9'5~. ~
~ ,0' 58'
,,~,
z OAK WOODLAND
0
~Ul
I VI VI HABITAT
00>
oui 0.12 ACRES
\ V!. 0>
l
i
I
SCALE
,..-80'
01-05A
0105exihbtB.dwg 10-24-02
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