Conservation Easement Deed 2003-0838523
;t.' -.
\ DOC # 2003-0838523
RECORDING REQUESTED BV:
CI'TYoi= powA V JUL 15. 2003 9:46 AM
WHEN RECORDED MAIL TO: OFFICIAl.. RECORDS
1i CITY CLERK SAN DIEGlJ COUNTY RECORDER'S OFFICE
CITY OF powAv GREGORY J. SMITH, COUNlY RECORDER
POBOX 789 FEES: 0.00
I I-P POWAV CA 92074-0789 DC: NA
Space /~ \ \1111\11\\\ 1111\ 11111 \\1\ 111111111\\ \\\\\ 1\1\\ 1\1\1\111\\1111 III! \11\ I
NP
APN 278-280-43 2003-0838523
~ CONSERVATION EASEMENT DEED 2
0
THIS CONSERVA TlON EASEMENTDEED is made this J 7' day Of~ ,2003, by Giuseppe 0
Dinunzio (Grantors"), in favor of City of poway ("Grantee"), acting by and through its Development 8
Services Department, with reference to the following facts. 8
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 "N and Exhibit "B"
attached hereto and incorporated by this reference (the "Property").
B, The Property poss~sses wildlife, and habitat 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 habitat. Coastal sage scrub is the
habitat of the California Gnatcatcher, which is listed as a threateneq species on the Federal Endangered
Species list. Conservation ofthis property therefore will preserve habitat of a protected species.
D, The City of Pciwayis 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 authoritytci 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
consE)rvation, protection, restoration, enhancement and management of fish, wildlife and native plants
and the habitats on which they"depend under'lhe'Endangered Species Act, 16 U,S.C. section 1531 et
seq.(ESA), the Fish and Wildlife Coordination Act, 16 U.S.C, section 661-666cand other applicable laws.
G. This CClnservation E:.asement provides protection for 2:34-acres of land that contains
coastal sage scrub habitat located within the City of P6way's Subarea Habitat Conservation Plan/NCCP
Focused Planning Area.
H, Grantor intends to convey to Grantee, the right to preserve and protect the conservation
vall!e~ onhe.Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's removal of 2.04-acres of coastal sage
scrub habitat. This is a mitigation measure for such removal of 2.04-acres of coastal sage scrub habitat.
I I~-Iq
03-128
Conservation: Easement D. .
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I, Gral1tee agrees by accepting this grant to, honor the intentions of Grantor stated herein
and to preserye ,and to protect in perpetuity'.lhe conservation .values of the property in accordance with
the terms of t~isConservation'Easement'for the benefit of this generation and the generations to come,
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration oftha aliove 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 (leeds and conveys to Grantee'conservationeasement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth ("Easement").
1 Puroose. The purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent ",ny'~se ofltie Property that will. materially 2
impair or interfere with the conservation values of the Property Grantor intends that this Conservation
Easement will' confine the' use of ttie' Property to such--activities, 'including without limitation, ,those 0
involving the preservation and enhan~ement of native species and their habitat in a manner consistent 0
with the habitat conservation purposes of this Conservation. Easement. 8
2, Riqhts of Grantee. TOjaccomplish the purposesiof this Conservation. Easement, Grantor 9
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 thecon'servation values of the Property in
accordance with this easement;
(b) To enter upon the property at reas~mable times in order to monitor Grantor's
compliance with,andto'otherwise.enforce the terms of, this ConserVation Easement, includil1g Grantor's
obligation to manage. the property consistent with Grantor's duties as set forth in sectiol1 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 oLthe Property that is inconsistent with the
purposes of this Conserliation Easement'and to require-the restoration of such area~ 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 miheral, 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
Easement.
3. Prohibited ,Uses. Any activity on or use of the ProlJe[ly inconsistent with the habitat
conservation purposes of this Conser\iation 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 '!'Ieed abatement
activities, incomRatlble'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,vehicles used:for'propertymaintenance required
by the. City of Poway" and then only'over existing roads.
(c) Grazing or surface entry for exploration 9r extraction of minerals;
(d) Erection of anybuildirig, billboard, sign;
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conservatiiinEasementDle
Pclge3
(e) Excavaiing, dredging or removing of. loam, gravel, soil, rock, sand or other
material; .
, .,(6, Otherwise altering:the' general ,topogr~phy of'the Property; inclliding;building of
roads or changirfg the grade of the Property;
(9) Removing,,,destroying, 'or cutting of trees; shrubs, or other vegetation, except as
required by law for' (1) ,firebreaks, (2) maintenance afexisting foot trails or roads, or (3) prevention or
treatment of disease,
(h) Planting oftrees or other'vegetation except by.written permissionfromtre City of
Poway.
4, Grantor's Duties. Grantor,shall uncfertakeall reasor1able'acticlns to prevent the unlalllful 2
'entry 'and trespass by persons whose 'activities may degrade 'or'harll1:'the'conservation ;yalue~ o(the 0
Property In addition, Grantor ~hall ,under:takeall necessafY'actiQns to ,protect Grantee's ,rights under 0
Section ,2 of this Conservation Easel)}e.nt. Grantor fUrth!)r covenants'that maintenance'of the, Property, to
wit: clean'up of all trash and'debris, shall 'be the Grantor's responsibiliiy 9
5, Reserved Riqhtsc Granto,r reserves. to itself, and to its personal representatives, heirs, 0'
successQrs, ,and 'assigns; all rigtlts accruing from its ownership of the Property, including the right, to
engage in 9rto'permit or invit!) others to engage in all uses of the Property that are consistent with 'the
purposes, of this Conservation Easement.
6, Grantee's'Remed'ies, If Grantee determines thaCGrantor ,is in violation of the terms'of
this Conservation Easemimt orthat a ,violation is threatened, Grantee shall give written notice to Grantor
oi such ylblation and demandil, ,writing correclive action sufficierit to cure the violation. Graniee shall
also notify the California Department of'Fish, and Game, If Grantor fails to cure the violation within thirty
(30j d:oiysiafterrec!)ipt:of said writt!)n, notice and demand, from Grantee, or if the cure, reasonably requires
mQre than thirty (30):d,ays to complete and Grantor fails to begin:theicure within the thirty (30) day period
or'fails to contiriue diligently to 'complete the cure, Grantee may ~bring:'an,action at,law"orin;equityin a
cOlirtof competent jurisdiction to enforce the terms ,of. this :Consei:\lation Easement, to recover any
darilages:',to ,which Grantee'may bEi entitled. for violation by Grahtbr oPthe term's of. this ConserVatiori
EaseiTient, to enjoin "he' violation" eXi,,oarte as necessary, by'tem,porary or permanent injunction ,without
the necessity of provingeithenictual',dam'ages or tlie:inadequacy of otherwise available legal remedies,
or foYother' eq'uitabler'elief, ineludin1j, but,not Iimited,to, the.restoration olothe Property to,the condition in
which' it, existed prior.to any such violati,)n or'injury. Without limiting Grantor's liabilityclherefore"Grantee
mayapply'any damages recoveh'-dto thel'costof undertakingany'corrective action on the Property,
If Grantee" in' its sOle!discretion, determines that,circumstances require immediate action
to,preventior, mitigate'significaritidamageto,theconserliation vahies 'ofthe Property, Grantee may pursue
its,remedies:Underclhis paragraph Withciut'prior notice to 'Grantoror,without waiting forJhe,period provided
for cure to expire. Grantee's rights' unde(this;paragra'ph applYI,equally to actual mthrEiatened violations
'of the'terms'of"this ConserVation;Easement. Grantor and Grantee agree that Grantee's remedies for any
violation:,of,the ,terms, ofthis Conservation, Easemerit is;the:injunctive relief,described iri this, section, both
prohibitive and 'mandatory, in aadition'to such other relief"tb,,\Nhich Grantee may be .entitled, .including
specific, performance of:,theterms:oHthis Conservation Easeme~ntiNeach,case, with'outthe:,necEissity of
proving either actual damages or ,the inadeqUacy ofotherWis'e available legal remedies. Grantee's
remedies described in this section shall tie cumuh:itive and shall be in addition to all remedies now or
,hereafter existing at law or inequity, includin'g' but hot limited to, the remedies set fo'rth in Civil Code
Section 815, et seq" inclusive. :
If,at,anytime inJheJuture Grantor or any subsequent'transferee uses or threatens to use
such lands, ;tor purpoiies inconsistent with this ConserVation Easement,. notwithstanding Civil Code
Section,8157; the California AttorneY General,or third,jiany, entitlesor1janized.for conservation purposes
have standing as interested parties in any proceeding' affeCting this Conservation Easement as against
Grantor
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Conservation Easementb_ .
PagEl 4
The,C,!iliforllia Department'otFish a.lld Game(CDFG) ~s a third party beneficiary of this
easementshall have the'same rights as Grantee under this;section to',enforce the terms of/he"easement.
6) Costsiof Enforcement Any cost~'ingurre,dbyGrantEle or CDFG in enforcing the
te[mso,f ttJ~s Conservatioll Easeme[ltagainst Grantor, including; but not limited to; costs: of suit and
attorneys~ (ees, and any C9sts of restoration necessitated:by'Grantors violationornegligerice under the
terms of this Conservation 'Easement shall be borne by Grantor
6.2. Grantee's8iscretion, Enforcement of the terms of this Conservation Easement
by Grantee or CDFGshall be at the discretiono/Grantee and CDFG, and'any forbearance by.Grimtee or
CDFGtoexercise, its rights un-der this ,Conservation Easement by Grantor shall not be deemed or
construed to'be a waiverbyGranlee\of"such term or o/any subsequent breach of the same or any other
term ofthis'Conservation Easement or of any of the Grantee~s rights, under this Conservation"Easement. 2
No delay,or omission by Grantee..or CDFG in the exercise of any right orremedy upon any breach by
Grantor, shall impair such right orre-medy,or be construed as a waiver 0
6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation 0
EasementbyGrantee shall be at:tti'e'dis-cretion,of Grantee anifCDFG'tobring any action agaillsf'.Gr<lntor 9
'for any injury to change ill' the PropertY. resulting from: causes beyond Grantor'scol}trol, including, firE!; 1
flood; storm, and earth movement,' or any'prudent action taken ~y;Grantor'under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resullingJromsuch causes.
6A, DepartmenLof Fish and Game Riqht of Enforcement. All rights 'and ,remedies
- .,~,. ,"," -,,' ~,
,conveyedto'qrantee under this Conservation Easement Deed shall extend to and are enforceable:bythe
Department ofFish and Game or USFWS.
7 Property Manaqementand Maintenance. Grantor'and its successors shall maintain the
Property'in ac~ordance'Withthe'!erl)1s <Ind conditions as set forth herein,
8. Access. This Conservation Easement does not convey; a general rightpf access to the
public; however, after receiving approval from Gr<lntor, not to: be unreasonably withhe.ld, access for
scientific .research and interpretive jJurposes, shall be reserved to the Grantee and CDFG or to the
respecfivedesignees of Grariteeand CDFG,
9, Costs and liabilities. Grantor retains all ,responsibilities and shall bear all costs and
liabilities:of anykindincluding'transfer costs; costs of tiUeandl.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
charge,S 0.1 whateyer descriptiol1 'Ieyiedon' or assessed ag<l}rist ihe, Property by 'competent authority
(coJjectiv,ely "taxes"), including any taxesi,irTlposec;l upon; orincurrEld .as a result of, this Conservation
Easement, and shall furnish Grantee and C8FG with satisfactory evidence of payment upon request.
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG anc;l_ ,its members; directors; officers, employees, agellfs;conyactors, and their heir!" and
representatives, successor~and,assigns (collectively "Indenmifiec;l Parties") from and against all liabilities,
penalties; costs, losses; damages,;expenses, causes;o/actioll;iclail)1s;,demands,orjudgments, including
without' limitation, reasonable attorneys' fees, arising from or in'anyway connected'with: (1) injury ,to or
the death of eny,perso,n:or'physical damages,to any properi"y resulting:,from any act, omission, condition,
(Jrother matter relat!ld to or occurring on or aboLJt the Property; rElgarc;llessof 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 ofthe Cons~rvation Easement are presumed to
be the best and m,gst. nece!"sary public use as defilled at ,CodEl o/Civil Procedure Section 1240.680
notwithstanding'Codeo/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
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eonservation EasementD. .
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under thls Cons(lrv<iti.on Easem"m only:to an entiiy ,or ,organization authorized to acquire and hold
conservation ,easeme~ts; pursuant 10 Civilpoile Section 8~ 5.3. Grantee sheill require the assignee to
record the assignmentin the countY wherelhe,PropertYiis local<3d.
11. Subseauent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement jn any deed, or other legal:,instrurnent by''\vhich''Granto(divests:itself of any interest in"all or a
portion of the Property,includiQg,withiiutlirnitation, a leasehold 'interest: Grantor further agree,s to give
written notice to Grantee or the CDFGiiHhe intenUo transfer any interesH:llleast forty-five (45) days
prior to the date of'sLJch transfer Grantee.shall have the right to prevent subsequent transfers ,in which
prospective subsequent claimants or transfimles,are nofgivennotice of the covenants, terms,conditions
and restrictions onhis Conservation, Easement. The failure of, Grantor. or Grantee. to perform 'any act
provided in this section shall'not impair the:validity of this Consei:itationEasement or limit its enforceability
in any way' Grantor shall not grant aaditional easements or other interests in the property withoutihe 2
prior written autho'rizatioh of Gra'ntee,and CDFG. 0
12, Notices, All notices; "demands, requests, consents, <ippro"als, or communic"tions from 0
one party to another shall'be personally:delivered or sent Pl'. facsirnilEl',to, the persons:,sel'forth below or
shall be deemed given five (5) days after deposit in the United States mail; certified and postage prepaid, 9
return receipt requested and addrElsseda,s follows; orat'such,ciiher;address as any party may ffom.iime 2
totirne'specify to'the other parties in\writing:
To Grantor' Giuseppe Dinunzio
14747 Fairtree Terrace'
Poway, CA 92064
To Grantee: City of Poway- Planning Division
PO Box 789
Poway CA 92074
With a copy to: Department of Fish ahd Game
Natural ComrnunityCanservatioh Planning
4949VieWriage'AvenLJe
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,ag-rees':to provide ,toithe.other parties, within
seventy'two (72) hours after trimsmission of a'facsimile, dbcLJmentsthafbear.the origirialsignatures.
13. Amendment: This Conservation Easement, may be amended by Grantor and Grantee
only ,by' mutllal written agreement 'approved in writing by, CDFG.Any .such amendment shall be
consisteni with' the purp'os.e's,ofihis.C~nservation Easernent and" st!all rior affecWts ,perpetual duration.
Any such amendment ,shall be recorded,in the official records of San Diego County, State of Califomia,
14. Recordation,G~antor shall promptly record this,instruQ"lent in the official records of San
Diego County; California and immediately: notify the Grantee and CDFG through the mailing of a
- ~ . . ,. -. - '. -., - ~.
confirmed' copy ofthe'recorded easement.
15. General,'Provisions.
(a) Controllina Law. The interpretation ahd pertormance of this Conservation
Easement shall be governed by the, laws of the SIate of California. "
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this.Cciiiservation Easernenrshall be'liberallyconstrued in favor of the deed to effect the
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Cqnservation Easement D. .
Page 6
purposes of this'Conservation Easernentand the policy and purpose.of Civil Code Section 8)5, et,seq, if
any provision in this instrumenl'is found to be ambiguo'us, an interpretation consistent with the purposes
of this COflservation Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
(c) Severabilitv If a court of competent jurisdiction voids or invalidates ~n its ia,ce
any provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Ea~ement Deed.. If a court of competent jurisdiction voids or invalida!es 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 Conservation Easement and supersed~s all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement, all of which are merged herein. 2
No'alteration or.variation of this instrument shall be valid or binding:unless~containedin an'amendment in 0
accordance with Section 13.
o
(e) No Forfeiture, Nothing contained herein will resull.in a forfeiture or reversion of 9
Grantor's title in any respect. 3
(f) Successors. The covenants, teems, conditions, and, restrictions of this
Conservation ,Easement' Deed shall be binding upon, and inure to the ,benefit of, the partieshereto;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 ofRiqhts and Obliqations. A party's rights and obligations under ~his
Conservation Easement shall terminate only upon transfer of tne party's interest in the Conservation
Easement or Property, except that Ihlbility for acts or omissions occurring 'prior to transfer shall surviile
transfer
(h) Captions, ThEJcaptions in this instrument, have been inserteg solely for
convenience of reference and are not a p'art 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, thEnecorded counterpart shaU:be controlling.
0) Modificatian. 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 Exhibits referred to in this Easemenl'are attached and incorporated
herein by reference,
(I) Appropriations. The quty of t["le City of .Poway .and CDFG to carry' out their
respective obligations under this Easement shall be sulijectta the availability ,of apprapriate funds,
(m) EffeCtive Date. This Easement .shall be effective upon recording with the San
Diego County Recorder's Office.
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Conservation Easement Dtt .
Page T
INWITNESS THE_RFQF, Grantor and Grantee have entered into this Conservation Easement'the
day,and'year firstabov,e written,
GRANTOR:
2
0'
0
9
Approved as to,Form: 4
ANNS.,MALCOLM,Deputy GeneraLCounsel
CA DEPARTMENT OF FISH AND GAME X
By' fiOT i- ff'LI ())JJLl
7
"
,~Al,lfORNIAALL.PYRPOI: ACKNOWLEDGMENT .
.-
State of {!'~~ '7f, Y'V1,'~
County of J"", /] j)/cP 0
On /-,29- en before me, JU-J'u ~. 1l.c,e; e S7'-
Dale ~", ' Name and ,Ti~le of Officer (e.g., "Jane Doe.- Notary Public"',
personally appeared '/c<-/-ep,?<- :J)//lu42.. 0 , 12
~ . N,m'I'I,'Sig""'I'1
rsonally known to me ~ OR- DJlroved to me on the basis of satisfactory evidence to be the person(s) :0
whose name(s) is/are,subscribed to the within instrument '0
and acknowledged to me that he/she/they executed the
same in his/her/tneirauthorized capacity(ies), and that. by q
his/her/their signature(s) on the instrument the,person(s),
or the entity upon behalf of which the person(s) acted, '-/
~ fit. ,"". """" ~ executed the instrument
A
. Comm: I 1369770 WITNESS my hand and official seal.
l/) ,Norm IUBlIC. CALIFORNIA rn
. lhn Df&;oCoooty . -
Ny Com"\' Ellplros:Auf21;2006" ~""- - ~
Signatureo! Notary Public
OPTIONAL
Though the information below is'not iequ.ireqj/Y,!aw, it may prove valuable,ta'piirsons relying on'the document andcoufd prevent
-fraudulent removarand reattachment ofthis form to another document.
Description of Attached Document
Title or Type of Document:
Document"Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner -0 Limited 0 General o Partn'er- 0 Limited 0 General
o Attorney'in-Fact o Attorney-in-Fact
o Trustee o Trustee
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:
C 1994 Natiooal Notary Association' 8236 Remmet Ave.,'P.O.BOl\ 71.84 . C~riOga Paft<;, -CA 91 309-71'84 Prod. No. 5907 Reorder. Call ToIl-Free1-BOO-B76-6B27
. .
EXHIBIT~'A"
Legal description fot"Biological Conservation Easeinenf';
Being a portloii ofParceL''A'' per Boup,q,a,f)'Adjli.StglentNo,,99-Q3,as approved'bytheActing
Direc:tor on March-A, 1999, with said Parcel "A" being ajJonionofParcels Zand 3'ofParcel Map
15384 in the City of'Poway;, County of'San Diego, State'ofCalifornia? filed in the office of the
County Recorder of San Diego,County on September 16, 1988 and more particul<irly described
as follows:
Being that portion ofsaidParc~t"b."thaJis located above the" 11 OO'elevation line as defined by 2
the National Geodetic VerticatDatUih ofl929, with said 1100' t)l~vation ljne,a)so being depicted
, , 0
as the westerly open space easement limit line on Parcels2,iirid 3 of said Parcel Map 15384
0
9
5
Y-
EXHIBIT WBW
BIOLOGIOAL CONSERVA nON EASEMENt PLAT .Q
~
0
0
BIOLOGICAL CONSERVATION q
EASEMEfJT TO THE CITY OF
POWAY DEDICATED HEREON 5
PABCEL 1 IT
pM 16884
'26'~ RD-5- 2857
N ,84~j8 . .
-
pIL
,4;
:q-
.<o~ :'tI:1J
."~' PARCEL A ~~
"11\
"..... PER BouNDARY- ~.r\
<' ADJUSTMENT NO. 9[F08 &H:i
01. .
eu,
D="lj'j,1 '44"
[=6:'1.60' UMITS' OF OI?EN' SPACE
R=48.00' <:
EASEMENT PER, PM '15384
C)
P/L C)
-, t.<
- 0>
<...;
s 8f"38'00''E ~
PARCEL B ~.
653 ~
PER BOUNDARY-
ADJUSTMENT NO. 9[F08 2:i
LAKE POWA Y.
~ a
~ LAKE POWAY RD .
cS '
Q . ~
Yi .
l.U
SITE ,
100 0 100 200
, ,
poWAY RD SCALE: I" = 100'
ViCI/yITY MAP
NO SCALE
Conservation E,asement oft .
p;ige 8
CERTIFICATE OF-ACCEPTANCE
This is to,<Certify that the' interest in :realdj'ropertyconveyed by: the Conservation Easement by
Giuseppe Diriurizio,'dated--1 Jilnuary. 29, 2003'------,-, tethe City of "PO way I Grantee, aml to the
California Department: of Fish andG'ame, a's a Ihirdparty beneficiary, a governmental agency (under
Government Code Section 27281), is"hereoy accepted by the undersigned o!(iceron behalf of.the City of
Poway, pursuanftoauthority conferred by Resolution No; 34 o/the City of Poway on January 20, 1981
GRANTEE. City of Poway
.~O___-p~J." 2
Tille:' Lor Anne'Peoples, CitvClerk 0
Authoiized Representative
Date: July 14, 2003 0
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m:\planning\cmr\dinunzio.dfgconservationeasementdeed 5/02
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