Conservation Easement Deed 2003-1500558
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2003-1500558
RECORDING REQUESTED BY DEe 23. 2003 8:24 AM
CITY OF POWAY
rCo WHEN RECORDED MAIL TO: OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
~ CITY CLERK GRffilRV J. SMITH, COUNTY RECORDER
CITY OF POWAY FEES: 0.00
~ t POBOX789 DC: NA
~ ~f\ POWAY CA 92074-0789
'r/' Space Above Line for Recorder's Use Only
i . APN 322-010-49
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CONSERVATION EASEMENT DEED 0
DOCUMENTARY TRANSFER TAX $
K THIS CONSERVA TlON EASEMENT DEED is made this & day of:i)6C 2003, by 0,'}./I/
AM) AJ $.'/t,; ("Grantors"), in favor of City of Poway ("Grantee"), acting 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" and
Exhibit "c" attached hereto and incorporated by this reference (the "Property").
B, The Property possesses 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. Coastal sage scrub is the habitat
of the California Gnatcatcher, which is'listed as a threatened species on the Federal Endangered Species
list. Conservation of this property therefore will preserve habitat of a protected species.
D The City of Poway is authorized to hold 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, 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 Conservation Easement provides protection of 1.34 acres of CCSS as described on
Exhibit A and 56 acres of Coastal Sage Scrub as described on Exhibit B and reflected on plat map,
Exhibit C contained on parcel APN 322-010-49 located within the City of Poway's Subarea Habitat
Conservation Plan/NCCP Focused Planning Area.
H, Grantor int,ends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's removal of 1.34 acres of land impacted
due to the construction of a single family residence at 321-180-57 and 0.56 acres associated off-site
grading on the adjacent parcel APN 321-180~95 lolaling 1.90 acres of land that contain CCSS
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I. Grantee agrees .by accepting this grant to hgnor the intentions of Granlor 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 to come.
.COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenanls, terms, conditions, and
restrictio~s contained herein, and pursuant to California law, incl!lding Civil Code Section 815, et seq.,
Grantor her~by voluntarily deeds and conveys to Grantee conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth ("Easement").
1 Purpose. The purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially -
impair or interfere with. the conservation values of the Property Grantor intends that this Conservation
Easement will confine the use of the Property to such activities, including without limitalion, those
involying the preservation and:'enhancement of native species and their habitat in a manner consistent
with the habiiat conservation purposes of this Conservation Easement.
2. Riqhts of Grantee. To accomplish the purposes of this Conservation Easement, Grantor
hereby grants and'conveys theJ61lowing rights to Grantee and the Staie of California Department of Fish
and Game as a third party beneficiary ontiis 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 Granlor's
compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's
obligation to manage the prop,erty consistent with Grantor's duties as set forth in section 4, and for
scientific research and interpretive purposes by Granlee 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 Conservaiion Easement. and to require the restoration of such areas or features of the
Property that may be damagecjby 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, lhe terms and conditions of the
Easement.
3, ,Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat
conservation. purp'oses of this Conservation Easement and not specificaljy reserv~d as aright of Grantor
is prohibited. Withoul limiting the gene.rality of the foregoing, the f()lIowing uses by Grantor, Grantor's
agents, and third parties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat ConservationPlan/NCCP
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible 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 property maintenance required
by the 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;
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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
treatmenl 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' Ih addition, Grantor shall undertake all necessary 'actions to protect Grantee's rights' under
Section 2 of this Conservation Easement. Grantor furlher covenants that maintenance of the Property, to
wit: clean up of all trash and debris, shall be the Grantor's responsibility
5. ' Reserved Riqhts. Grantor reserves to 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 t~ permit or invite others to engage in all uses of the Property that are consistent with the
purposes ofthis Conservation Easement.
6 Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or that' a violation is threatened, Grantee shall give written notice to Granlor
of such violation and demand in writing corrective action sufficient to cure the violation. Grantee shall
also notify the California. DepartJTlent 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 a~d 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, 10 enjoin the violation, ex parte as necessary, by temporary or permanent injynction without
the necessity of proving either actual ,damages or the inadequacy of otherwise available legal remedies,
or for other equitable relief, including, qut not limited to, the restoration ofthe 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 anycorrectiireaction 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'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
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.
If at any lime in the future Grantor or any subsequent transferee,uses or threatens to use
such lands for 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
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The California Department of Fish and Game (CDFG) as'a third party beneficiary of this
easem,ent shall have the.same rights'as Grantee under this section,to.enfoite'the terms of the 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
atlorneys: fees, a,nd any costs of'restoration necessitated by Grantor's violation or negligence under the
lerms of tnis Conservation Easement shall be'borneby Grantor
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement
by Grantee or'CDFG shall"be atthe discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG to exercise its rights under this Conservation Easement by Grantor shall not be deemed or
construed to be,a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easement or of.any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a waiver
6,3, Acts BevondGrantor's Control. Nothing contained in th is Conservation
Easement by Grantee shall be ~t Ihe discretion of Grantee and CDFG to bring any action against Grantor
for any, injury to change in the Property resulting from causes ,be'yond Grantor's control, including, fire,
flood, storm, and earth movement, or a!"'y prudent action takenby'Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such causes.
,6.4 Deoartment of Fish and Game Riqht. of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS
6.5. Fence Installation and Maintenance. Grantor shall install and maintain a fence
between the approved development area of Ihe parcel and the Conservation easement Deed area to
protect'in perpetuity the conservation xalues and function' of the Property The Grantor shall obtain
approval ,by the Grantee's Director Of Development Services regarding the specific location, type, and
height.of the fence prior to its installation.
7 Propertv ManaqemenLand 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 including transfer cos!s, 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.
9.2. Hold Harmless. Grantorshall 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 "Inde'mnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expel"\ses, causes of. action, claims, demands, or judgments, including
without limitation, reasonable atlorneys' fees, arising from or in any way connecled 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.
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9.3. Condemnation, The purposes of the Conservation Easement are presumed to
be the best and most rieicessary'public use as defined at Code of Civil Procedure Section 1240.680
noJwiIhstanding Code of Civil Procei'dure 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 pursua"nt to Civil Code Section 815.3. Grantee shall require the assignee to
record the assignment in the counly where the Property is located.
11 Subsequent Transfers, Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument by which Grant<:>; divests itself of any interest in all or a
portion of the property, including, without limitation, a leasehold, interest. Grantor further agrees to give
written notice to Granl.ee. or the CDFG of the intent to transfer any interest ,at least forty-five (45) days
prior to the date of such transfer Grantee,shall have the rightto 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 sel forth below or
shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid,
return receipt req~ested 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' (Name and Address)
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 p_arties agree to accept facsimile signed documents and a9ree 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 hot 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 immediately notify the Grantee and CDFG through the mailing of a
confirmed copy of the .recorded easement.
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15 General Provisions.
(a) Controllinq 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 o~ construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the
purposes o{this Conservation Easement and the policy and purpose oiCivil Code Section 815, et seq, If
any provision in',this instrumenfisJound to be ambiguous, an interpretation consistent with the purposes
of this Ccinservation Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
(c) Severability If a court of competent jurisdiction v<;>ids or invalidates on its face
any provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed. It 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 Aqreement. This instrument sets forth the entire agreement of the 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 Riqhts and Obliqations, A party's rights and obligations under this
Conservation Easement' shall terminate only upon transfer of the party'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 ot 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 s~aU, 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.
UJ Modification. This Easementis 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 Easement are attached and incorporated
herein by reference.
(I) Approprialions. The duty of the City of Poway and CDFG to carry oul their
respective obligations under this Easement shall be subject to the availability of appropriate funds.
(m) Effective Date, This Easement shall be effeclive upon recording with the San
Diego County Recorder's Office.
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, IN WITNESSTHEREo'F, Grantor and Grantee have entered into this Conservation Easement the
I day and year first above written.
I GRANTOR:
1 Kaminski Family Trust, Property Owner
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j By' Stan Kaminii, representative ~
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Approved as to Form:
Office of the City Attorney
Stephen M, Eckis, City Attorney
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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I State 01 Califomia . }
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I County of -...J1# , It'..b 0
on1c. / f, Z!J()3 beforeme/;JyW5 W/ft/# #OT/ff:-/,!lr.6LtC_,
personally appeare:" :57-:4 AI 1/1/>, Nom..", ""eo' 0'<'" I' g. 'J,", 000, No"" p,,,,,', I
Name(s)of Slgner(s]
[ Mpersonally known to me
[ 0 proved to me on the basis of satisfactory
evidence 1
[, to be the person~i) whose named) is/~
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..- .-. - - ..- .- .- .-. .- .- subscribed to th within instrument and
[~.. PHYLLIS SHINN J acknowledg ed to me that he/she'tl,ey executed
, ~ -6 Commission # 1450304 the same in hislhefi#teir authorized ,
j . NoI~ Public. Call1omla ~ capacityl;esJ, and that by his/her/llreir ,[
MyCom DIego County signature(ll> on the instrument the person(i}, or ,
_ _ _ _ _ _ m:,~~9.:2~7f the edntity upon bhehalf of which the personl$) I
acta ,executed t e Instrument.
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Though the information below is not required by law, it may prove valuable to persons relying on fhe document and could prevent
I fraudulent removal and reattachment of this tonn to another document.
[ Description of Attached Document k'
Title or Type of Document: lOfi!5L7<i1AD 0/1/ J:A5EfJ1[)17/. - '1)'
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Document Date: J =7., I I, 20 0... ? Number of Pages: ;! ,
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Signer(s) Other Than Named Above: I/J I11A-I?A YVl/-nI. [. 117 ,Lf-rrt;/(M/
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:, Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top 01 thumb here I
D Corporate Officer - Title(s): '
[ D Partner - D Limited 0 General '
D Attorney-in-Fact
[ D Trustee I
o Guardian or Conservator
[, D Other'
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I Signer Is Representing:
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e 1999 National NOlaryAssociation . 9350 De Solo Ave.. P.O. Box 2402' Chal5worth, CA 91 313.2402' www.nationelnotary,org Prod, No. 5907 Reorder: Call Toll-Free 1 800-876 6827
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CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
I SIan Kaminski, Kaminski Family Trust, dated December 18, 2003 to the City of Poway,
} Grantee, and to the California Department of Fish and Game, as a third party beneficiary, a governmental
, agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on
~ behalf of the Cily of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on
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, GRANTEE, City of Poway
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I Title: LO~ Anne Peooles, Citv Clerk
Authorized Representative
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, Dale: December 19, 2003
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I m:\planning\peggy\mdra2001\mdra01-012 kaminski\mdra01-12 dfg conservation easement deed.doc
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OCT 2 8 2002
EXHIBIT 'A' CITY OF paWA."l
LEGAL DESCRIPTION
EASEMENT
THAT PORTION OFLOT 10F SE€TION 3, TOWNSHIP 1'4 soum, RANGE lWEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OFCALIFORNlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, THENCE SOUTH
89" 41'30"EAST ALONGmffiNORrHERLYLINE OF'SAillSECTION 3 A DISTANCE
OF 362.96 FEET TO A POINT ON tHE EASTERLY RIGHT OF WAY LINE' OF
CALIFORNIA STATE lllGHWAY XI-SD-198-H(ST ATElllGHW A Y NO 67);1;HENCE
CONTINUING EASTERLY ALONG:SAlD NORTHERLYLINE SOUTH 89"41'30" EAST
82347 FEET, THENCE SOUTH 54046'32" WEST 160 00 FEET; THENCE SOUTH 670 40'
55" WEST 120 00 FEET, THENCE SOUTH 440 06' 5Q"'WEST 15000 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOl:Jf.H 44006' 50"WEST 191.00
FEET, THENCE NORTH'830 52' 21 "'WEST 53654.FEET'TOA POINT ON THE
EASTERLY RIGHT OFwA Y LINE OF SAID illGHWA:y NO 67 , SAID LINE BEING A
1522.76 FOOT RADIUS cuRVE: CONCA VB EASTERLY, ARADIAL LINE TO SAID
POINT BEARS NORTH 67"20'44" WEST, THENCE NORTH 74"03' 44" EAST 339 75
FEET, THENCE SOUTH8?" 44' 08" EAST 34000 FEET TO THE TRUE POINT OF
BEGINNING
Open Spacer;asefnent
Job No, 2179cB,2245
10-25-02
Area = 1.34 Ac.
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EXHIBIT '.B'
LEGAL DESCRIPTION
EASEMENT
THATPORTION OF LOT 1 OF SECTION 3, TOWNSHIP 14 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN,.rN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, THENCE SOUTH
89" 41' 30" EAST ALONG THE NORTHERLY LINE OFSAID SECTION 3 A DISTANCE
OF 36296 FEET TO A POINT ON TilE EASTERLY RIGHT OFWA Y LINE OF
CALIFORNIAST ATEffiGHWAY XI"SD-198-H(ST ATE HIGHWAY NO 67);THENCE
CONTINUlNG'EASTERLY A:LONGSAID NORTHERLY LINE SOUTH 89041' 30" EAST
82347 FEET, THENCE SOUTH 54046' 32" WEST 16000 FEET; THENCE SOUTH 670 40'
55" WEST 12000 FEET, 'flIENCESOUTH 44006' 50"WEST ,150 00 FEET, THENCE
CONTINUING SOUTH 44006' 50"'WEST 191 00 FEETTO THE TRUE POINT OF
BEGINNING, THENCECONtINtrrNG SOUTH 440'06'"50" WEST lJ 5 50 FEET, THENCE
NORTH 720 48' 24", WEST 474.27 FEET TO A POINT ONTHE EASTERLY RIGHT OF
WAX LINE OF SAID HIGHWAY'NO 67, SAID LINE BEING A 1522.76 FOOT RADIUS
CURVE CONCAVE EASTERLY,. A RADIAL LINE TO SAID POINT BEARS NORTH 670
20' 44" WEST, THENCE SOUTH 83052' 21" EAST 536 54 pEET TO THE TRUE POINT
OF BEGINNING
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Open Space Easement
Job No 2179-Bl,2245
9~11-03
Area = 0 56 Ac
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