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Conservation Easement Deed 2003-0177354 , :'- \ ~I\\' 111\\ 11\\\ 1111\1\11 llftl\ \\1\\\11\\ 1\111 111\1 1\\\\ 1\1\ \1\\ : 4703 DO~ "." - v.". 2003-01'77354 - ,ll\.I:!::.!Jt:j!I!J:,2aa3:aHI3.~ ..l " ,I , FEB RECORDING REQUESTED BY' ::l:H, 2003 10:08 AM CITY OF POWAY OFfICIAL RECORDS ~ WH". ~"'9~Q"P MAIL TO, SAN;DIEGOCOUNTV RECORDER'S OFFICE GREGORY J. SMITH, COUNTV RECORDER ) ~ CITY CLERK FEES: 0.00 " ,Crn;oFpo,WAY oc: NA 00 'p b BOX789 '~ POWAY, CA 92074-0789 I ,. Sp~~_ce Ab~ve Line for Recorder's Use Only ASSESSORS'S'Pf.'RCEL NUMBER' 321-160-16 CONSERVATION EASEMENT DEED THIS' CONSER VA TlON EASEMENT DEED is, made this ~ day of -e.. ,~ I.Q( ,~Catherine Catrambone ("Granlor"), in favor of 'City of Poway ("Grantee"), acting by and throu 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 Po way, County of San Diego, State of 'California, more particularly described in, .Exhibit "A" and Exhibit "B" attached hereto (easement legal description) and Exhibit "C" platmap and incorporated by this reference (the "Property"), B, The Property'possesseswildlife and habitat values"(colleCtively, "conservalion values"):of great importance to the Grantee, the peopie ,of Ihe City of Po way, the people of/he Slale of California, and the'people:oftheUnited States, C, The Property provides high quality mixed chaparral habitat, which has been known to support the California Gnatcatcher, .which'is listed as a threatened species on the Federal Endangered Species list Conservation of the Property therefore will preserve hi3oitatof a prolectedspecies, D The ,City of Poway is authorize9 to .hold ,conse,rvation easements for the :P!eserviltion of, land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Po way has authority, to hold easements for these purposes pursuant to CalitorniaCivil Code Section 815.3(b), }=c The qtat" of Caiifornia, by'and through, its' [)epartment of Fish and Game (CpFG); has jurisdiction, :pursu"\l1! to the Fish al1,d Ga'}le Code Section 1~02, over the conservation, pro!ection, ',,\nd man?gem"nt qf fish, wildlife, native plants and Ihe 'habitat necessary for biologically sustainable populations ofthose,species, F T[1e United 'States Fish ,and Wildlife Services (USFWS) has jurisdiction over the conservation, proteCiiQI1' restoration, enhancement and management of fish, wildlife and ,nalive plants and the habitats, on which thl'lY depend under the End<3ngered'Species Act, 16 U,S.C. section 1531 et seq, (EsAj",lhe FishandWil~life Coordination Act, 16 U,S:C:section'661 ~666c and other applicable laws, G, This Conservation Easement'provides,protection for 4.52 acres of land thai contains high " ,.-~,..... ,_, .~. ... ._ . . - _" - . ..' ._,_ ' ~.' ," r.' ,. -- quality mixed chaparral habitat located adjacent to'the City' of Roway's Subarea Habitat Conservation Plan/NCCP Focused'Planning Area, ' H, Grantor inlends 10 convey 10 ,Grantee'the.right'to,preserve and protect the conservation values (If the Property in. perpetuily in accordance with qovenants, Terms" Conditions and Restrictions contained h(Jrein in exchange for Grantee permitting Grantor's remov~I'of 2.26 acres of mixed chaparral. This is a mitigation measure for such removal of 2.26 acres of mixed chaparral. 1 L:; CXl '1'1 D 3 .OO1~ :~ 4'70,4 . . L, Grantee agrees by':ac,cept!ngthis grant 10 hanar, tt)e In,tenlians af Grantar stated herein and to. ,preserve andlo'p'r6tect)n 'perpetyity the cans~rvation' val.u~s. Q(the Praperty in accardance with Uieterms'aUhis'Conset'Vaticfn Easement far the benefit afthis:generatiof]'and the generatians to came. COVENANTS, TERMS, CONDITIONS ANDiRESTRICTIONS In: consideration af the abave recitals and the mutual pavenanis, terms, canditians, and re.striclians contained. herein, and pursuant to Califarnia law,including Civil Cade Sectian 815, et seq" Granlar hereby'valuntarilydeeds and'cbriveys to. Grantee a,canservatianeasement in perpetuity aver Ihe Prapertyafihe nalureand character and 10 the extent hereinafter set forth ("Canservatian Easement"), 1 Purpase, The purposeiOf'thls Cortservatian Easement is'ta ensure the Property will'b~ preserved, in a natural canditian in perpetuity and 10. prevent any use:'af the Property that will materi<31ly Impair arinterfere wilh the canservation values oflhe 'Property Grantar intends that Ihis C~nservatian Easement will con,finethe use of the Property to. such activities, incl~dlng without limitation, Ihase invalving the preservation and enhancement af native species and their'habitat in a manner canslstent with the habitatcanservatian purposes of this Conservatlan Easement 2, RiQhts afGrantee, To. accomplish the purpases af this,Conservatian Easement, Grantar hereby grants and canveys the following rights to Grantee, and'ta CDFG as a Ihird party, beneficiary af this easement, by this Cans~rvation Easement Deed: (<3) To. preserve and protect in perpetuity the conservatian values af the Property in accardance with thls'Canservation Easement; (b) To enter upon the Praperty at reasanable times in arder 10. manitar Grantar's compliance with, and to. atherwise enfarce the terms of, this Conservation Easement, including Grantar's obligatiantamaf]age the Praperty canslstent with Grantar's duties as set forth In sectian 4" and far scientific research and interprelive purposes by Grantee ar its designees and CDFG and its designees, (c) To. prevent any activity an or use af the Property that is incansistent wiih the purposes af this Canservatian Easem,ent and to. require the restaratioiiaf'such areas ar features af Ihe Property that'may be damaged by any'act, faiiure to. act, ar any use'that is incansistent with,the purpases af Ihis Canservatlan Easement; (d) All mineral, air and water rights neces!lary to. protect and sustain the bialagical resaurces af the Property; and (d) To. enfarce by means including, injunctive relief, the terms and canditians bf the Canservation Easement 3, Prahibited Uses, Any activity an or use af the Praperty incansistent wilh Ihe habitat canse,ryatlan,purpases, of this Canservatian EasemenUmd, not"specifically.reserved as a right afGranlar is prohibite,d, . Withau.llimiting the generality af the .foregoing, thefallaWing uses by Grantar, Granlar's agenls, a,nd, lhirqparties, are 'expressly prahibited unless speCifically provided far through the Paway Sybarea Habitat,:Canservatian Plim/NCCP (a) Unseasonable watering, use af herbicides, radenticides, ar weed abatemenl activities, incompatible..tire pralection aCtivities ahd any' arid all other uses which may adversely affect the purpases af this Canservation'Easement; (b) Use of aff'r6ad vehicles; except vehicles used far property maintenance required by the City afPaway, arid then,anly aver existing roads, (c) Grazing or surface entry for explaration ar extraction af minerals; (d) Erectian of any building, billbaard, sign; 2 : · 470,5- (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'c,hanging,thegrade of the Property; (g) Removing, destroying, Or cutting of Irees, shrubs, or other vegetation, except as required by)aw for (,1) firebreaks, (2) maintenance of exisling foot'lraiis or roads, or (3) prevention or tre,atment of disease. (h) Planting oftrees or other vegetation except by written permission from the City of Poway , A Grantor's Duties, Granto-r ,shali undertake ali 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 shali undertake alinecessary actions tOiprotect Grantee's rights under Section 2 of this Conservation Easement Grantor further, covenants that maintenance of the Property, to Wit: dean up of all trash arid debris, shali be the Grantor's responsibility 5, Reserved RiQhts, Grantor reserves to itseif, and,to its personal, representatives" heirs, successors, and assigns, ali rights ilc(;ruing from its ownership of the Property, including the right to engage in or to'permil or invite ot~ers to engage in ali uses of the Property Ihat are consistent with Ihe purposes onhis Conservation Easement 6. Grantee's Remedies. If Grantee determines that Grantor is. in violation of the lerms of this Conservation Easement or'thata,violalion is threatened, Grantee shali give written nolice 10 Grantor of such violation and demand ih'w'riting corrective action sufficient to cUre the violation, Grantee shall also notify CDFG, if Grantor'fails to' cureJ!1e violation within thirty (30) days after receipl of said:written notice and demand from Grantee; or if the cure reasonably requires ,more than thirly (30) days to completeiand Grantor fails to begin the cure within the thirty (30) day period or fails to continue'dili,gently to.complete;the cure, Grantee may bring ~,naction at,lawor in eqUity in a court of competent'jurisdiction to enforce Ihe terms of this Conservation sasement,to recover any damages to which Granlee may be entitled for violation tJyGrantor of the terms of this Conservation Easement, to enjoin the violation, ex parte, as necessary, l5y temporary .or permanent Injunction withouHhe necessity of proving either actual damages or the inadequacy of'otherwise available legal remedies,. or for other equitable relief; including, bUr not limited to, the r~storaiion o(ihe: Property to the condition in which it existed prior to any 'such violation or injury Withoui limiting Granto(s liability therefore, Grantee may apply any damages recovered to Ihe cost of undertaking,any corrective action on the Property If Grantee, in its sole discretion, determines that circumstances requife,immediate action to prevenl'Ormitlgatesignificant damageto'the conservation values of the Properly, Grantee may pursue ,its remedies'undei't'nis paragraphwithoulprior noticet() Grantororwithout,waiting for the period'provided for cure to expire, i;raiiiee:s rightnj'riderihisparag'raph apply equaliy to actual'orthreatened violations of th, e terms 'ohhis' Conservation ,Easement Grantor and Grantee agree that Grantee's remedies for any ."._'. . -.-'-"'- .".--..,... - . . violation of the terms of this'Conservation Easementincludethe injunCtive relief described in this seelioh, boihprohibiiive arid mandatory, in addition to such other relief 10,.'Nhich,Grantee may be entitled, including specific;perrormance of .ihe':termsoflhis Conservation Easemenl in each case, without the necessity of P!oving either actual damages or the inadequacy of otherWise available legal remedies, Grantee's remedi~s described, in this section shall be cumulative' and shall' be in addition toali remedies ,now or hereafter existing at law orin equity, inCluding but nol IImit!oidto; the remedies set forth in Civil Code Section 815, e/seq" inclusive, If at any time in'theJutureGrantor or any subsequent transferee.tises or threatens to use such lands. for purposes inconsistent with this Conserv-alionEasement, notwithstanding ,Civil Code Sectjon;815.7, the California Attorney General or third'parlyentitles,organized for conservation purposes have slanding as interested parties in any 'proceeding affecting this Conservation Easemenl as against Grantor 3 . 4706. CDFG "as a third party beneficiary of this <:;onservalion Eas~ment shall have the same rights as Gn:fi1tee uhder.'this;section'to'enforce the terms of the Conservation Easement 6,1 Costs of Enforcement Any costs incurred by Grantee or CDFG .in enforcing Ihe terms of this' Conservation Easement against Grantor, 'including; but not l.imited io, costs of suit and attorneys' fees, arid ahy costs of restoration necessitated by Grantor's violation or negligence under the terms,6fthis Conservation Easemei1rshall be' borne by Grantor 6,2, Grantee's Discretion, Enforcemenr of the terms of this Conservation Easement by Grantee or CDFG shall be at.the discretion of Grantee and CDFG,andany forbearance by Grantee or CDFG 'to exercise its rights under 'this Conservation Easement by Grantor shall not be' dee>med ,or construed'to' be'a waiver of such term or of any subsequent breach of the:same or any other term ofthis Conse,rvation, Easement or of any ofthe, Grantee's or CDFG:s rights under this Conservation Easemei1t r;.I9 delay or omissi9n 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 Beyond Grantor's Control. Nothing contained In this Conservation Easement shall be construed to enlitle Grai1tee orCDFG 10 bring any aCtion against Grantor for any'injury 10 or change in the Property resulting from causes beyond Grantor:s control, including fire, fioodi slorm, and earth movement, or from any prudent action laken by, Grantor under emergency conditions to prevent, abate, or mitigate significant injury to Ihe Property resulting from such causes, 6.4 Department of Fish and Game Riqhtof Enforcement All rights and remedies conv,E'lyed t9 Gr1!ntee under this ,Conservation Easement Deed shall extend to and are enforceable by CDFG or USFWS, 7 Property Manaqement and Maintenance, Granlor and its successors shall maintain the Property in accordance with the terms and conditions as set forth hereii1, 8, Access, This Conservation Easement does not coriirey a general right of access 10 the publ.ic; however, after receiving" approval from Grantor, nor ,to be Lirl'reasonably wilhheld, access for scientific reseE!rch and in,terprelive p~rposes, shall be reserved to the Grantee and CDFG or to the respective designees of Grantee and CDFG, 9 Costs and Liabililies,. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind ,including transfer costs, costs of title,and documentation review, and costs related to the ownership, operation, upkeep;' and maintenance of the Properly 9,1 Taxes, G[an.tor shall pay before delinquency all taxes, assessments, fees, and charges of whatevElr descriplion levied on or assessed against the Property by competent aulhority (collectively "taxes':),. including any taxes imposed upon, oriricurred as a result of, this Conservation Easement, and'shall'furnish Grantee and CDFG witti satisfacloryevidence of payment upon request 9:2, Hold Harmless, 'Grantor shall. hold harmless; Indemnify, and defend Grantee and CDFGand its members, airectors; officers, employees, agents, contractors, and their heirs, and representatives, sLiccessors and assigris (collectively "Indeinnified Parties") from and against all liabilities, penalties; costs, losses; damages",expenses, causes oLaction, claims, demands, or judgments, Includii1g without limitation, reasonable attori1eys' fees;"arlsing from or in any way connected with: (1) injury to or the death of any person', or physlcai damages"to.ai1y property resLilting 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 administralion 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 nolwithslanding Code of Civil Procedure,Sectibns 1240,690 and 1240,700, 4 I . 470. 10: AssiQnment This Conservation' Easement' may not be transferred, assigned, or extin.guisheq, wit~i:iuf IhEqiriorwrltiECn approval of CDFG, Grant~e 'I)1ay as"sign its rig his and obligations tinder thisConservation.~Easement only to an entily 'or organization authorized to acquire and hold conserVation 'easements, pursuant to Civil Code Section 815:3, Grantee shall require the assignee to re-cord Ihe assignment in the countywhere the Property is located, 11 Subsequent Transfers, Grantor agrees to inc,orporatelhe teJms of this Conservation Easement in anydeed or other legal instrument by which Grantot' divestsjtself of any interest in all or a portion ofthePrqperty, including, .'.vilhout limitation, a leasehold interest 'Grantor further agrees to give written,noticetb Grantee and CDFG oflheintent to transfer any'interest at least forty'five (45) days prior to the, date of such transfer Grantee orCDFG shall have the right to prevent subsequent transfers in which ,prospective subsequent claimants or transferees are not given nolice of the covenants, terms, condllionslandrestrictions ofthis'Conservation Easement The failure'of Grantor or, Grantee, or CDFG to perform any actprovided in this section shall not impair the validitY of .-this Conservation Easernentor limit its enforceability in any way Grantor shall not grant addilional easements or olher interesls in the Property without Ihe prior written authorizalion of Granlee 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 Ihe 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 requested, and' addressed as follows, or at such other address as any party rnay from time to time specify to Ihe other parties inwriting: To Grantor' Catherine Catrambone 12656 Springbrook Drive, #E San Diego, CA 92128 To Grantee: City of Poway POBox 789 Poway CA 92074 With a copy to: Department of Fish,cindGame Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree 10 accept facsimile signed documents and agree to rely upon such documenls as if they bore originai signatures, Each party agrees'tb provide to the other parties, within seventyctwo (72) hours after transmission ofa facsimile, documents that bear Ihe original signatures, 13, Arn'endment This Conservation Easernent may be amended by Grantl)r and Grafltee only by mutual 'written agreement approved in writing by 'CDFG, Any such amendment shall be conslstenl with the purposes of this Conservation Easement a,nd, shali not affect ,its perpetual duration. Any such amendmentshall.be recorded in the official records ,of San Diego County, Stale of California, 14 Recordation, Grantor shall prOmptly record this instrument in the official records of San Diego Counly, California and immediately notify the Granlee and CDFG through the mailing of a confirmed copy of the recorded easement 15, General Provisions, (a) Controllinq Law The interprelati(ln and performance of this Conservation Easement shall, be governed by Ine'laws of the State of California, (b) Liberal Construclion, Any general rule of. construction to the contrary notwilhstanding, this Conseivalion Easement shall be liberally construed in favor of the deed to effect the 5 . 4708. purpOS!ls'of!Jbis q,9,n~!lry,a.tiO!1 EasemlJnfand the policy and pU[j)qs.eo,fCivil Code Section 815, et seq, If aDY p.r.ov.I~ion in il1istinsJrljrneQI is.,'fc:>uQd to be ambiguous, an, intefPretatklQ consistent with the purposes of Ihis Gonservation Easement that would render the provision valid shall be favored over any jnterpreia{ion:ih~{ wQuldrender it invalh ,. (c)Severabilitv II a 'cQuit of competent jurisdi,ctic:>n voids or invalidates on its face any provision ,qf Ihis Conservation Easement Deed, such actiqnshall not affect the ri'lmainder of this Conservation,Easement Deed, If a court of com pet en I jurisdiction voids or invalidates the applicalion of any provision 01 this Conservation 'Easement Deed, to a person or circumstance, such action shall not affect theapplication'of the provision 'to other persons or circumslances, (d) EntireAqreement This instrument'sels forth the ,entire agreement onhe parties with respect to the Conservation Easement and supers.,des 'all prior, discussions, negotiations, understandings, or agree men Is relaling to the, ConserVation, Easement, all of which are"merged, herein. Nbalteration or varia lion of this'instrument shall be valid or binding'uniess contained in'an amendment in accordance with Section 13, (e) No Forfeiture, Nothing contained herein wiil result in a forfeiture or reversion, of Grantor's tille in any respect (f) Successors; The covenants, terms, cohditions, and restrictions of this Conservation,Easement'Deed sh'allbe binding upon, and inure to the,benefil of, the, parties"hereto'and 'Iheir, respective persohal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity wilh the Property These covenants hereunder benefiting Grantee shall also benefit,CDFG. (g) Termination:of:Riqhtsand Obliqalions. A partY's rights and obligations under this Conservation Easement shall terminate only upon Iransfer of the. party's interesl in the Conservation Easement or Property, except that liability for acls or omissions occurring prior to transfer shall survive transfer '(h) Caplions, The captions in this instrument have, been inserted solely for convenience of reference and are not a part of this instrument. ahd shall have no effect upon its construclion or interpretation, (i) Cdunterparts, The parties may execute ,this instrument in!woor mOre counterparts, which shall, in the ag'gregate,be signed by Grantorand Grantee; each counterpart shaW be deemed an original instrument as against any party who has signed it In the event of any, disparity betweeh.the counterparts produced, the recorded counterpart shall,be'controlling, U) Modification, This Conservation Easemenl is nol subject td modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns, (k) .Exhibils, 'All Exhibits referred 'to in this Conservation Easement Deed are attached and'incorporated herein by reference. (I) Appropriations, The duty of the Cily of Po way and CDFG to carry out their - "~ ~ " -, . respective obligations under this Conservation Easement Deed shall be subject' to the availability of appropriated funds, (m) Effective Dale. This Conservation Easement shall be, effective upon recording with the' San Diego County Recorder's Office. 6 . . 4:70./1 IN WITNESS THEREOF, Grantor and Grantee'have entered into thls,Conservation Easement the .~. . ",. ~ ,,' - day'andtY,ear'first:above written, GRANTOR: Ca erine,Catrambone, Property, Owner of 14250 Crystal View Lane,APN 321-160-16 By' e'Catrambone Approved,as to Form: ANN S, MALCOLM, Deputy GeneraLCounsel Cft; DEPARTMENTOF FISH AND GAME By' ---r S 1 d:. ' ~ '------- Approved'as to Form: Office ofUie City Allbrney Stephen M, Eckis, Cily Attorney 7 C~L1FORNIA ALL,PURlsE 'ACKNOWLEDGMENT 4'7. ..--" - - ~ , -+- -.'- - -,-- State of CAhh('l\o....., - . ~~. - - Counjyof SArI D i e e 0 On ~elo ,n, 2.ro& before me, \e.. D, Worrel:) Public - Date Name ilnd ,TItle of QffiCer (e,g., Jane Doe, Nota Public') personally, appeared Ca-fherine eQ +-rn p. bDl\ € Name(s}of Srgner(s)' Operspnally,knownto me - OR - jlCtproved to me on the basis of s?tisfactory.evidence to be theperson(;>l , _...... _ _ _ _ _ _ whose name(ir~subsi::ribedto the within,instrument ~ ~ SHERRiED,WoRRaL ~ and acknowiedged,to,me that~@/lftey'executed the '.-G _1"'''-'', ",m,," -' tmlt'a.., u.thOr;zedc;:apacity, (ies), and. 'that by ~,' 'Niltarypublic - canfomla ~ .l>i8~~ignat~re(at on the instrument thepersoni8)' J ,SanDIego coun!y20031 or the entity upon,i:>ehalf of which the person(sj acted, MyComm, Expireo Jun 30, t d th 't' t _ __ _ __~ _~ ....---~ -_'~- execu e e Ins rumen. WITNESS my,:handand official seal. ~~ Signature of Notary Public OPT/ONAL Though the information below is,not.required:by law; it may prove valuable topersons relying on the document, and could.prevent fraudulent removiii and reattachment of-this form'fa,another document. Description of Attached Document Title or, Type otDocument: C-b118i?~ fY) ~ef)U!llt /j~et:/ Document Date: ~ II, ~OO ~ Number of Pages: II Signer(s) Other Than, Named Above: CapaCity(les) Claimed by Signer(s) Signer's Name: Signer's Na,me: o IndivlduaJ 0 Individual o Corporate Officer 0 Corporate 'Officer Title(s): Title(s): o Pai1ner - 0 limited 0 General 0 Pai1ne(- o Limited 0 General o Attorney~in,Fact 0 Attorney-in-Fact [] Trustee 0 Trustee o 'Guardian or Conservator 0 Guardian or Conservator . o Other" Top of thumb;here 0 Other' Top of thumb here Signer Is Representing: Signer'ls Representing: C 1994 Nationa! Notary AsSoCiation. ai36 Rem'met Ave.', P.O. BOx 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TolI-Free.1-800-876-6827 .; . . . 4711 . 1 CERTIFICATE OF ACCEPTANCE T~i$i~,to,C~rtify thai the intereStin',realyroperty conveyed by theConservalion Easement Deed I:ly' Catherlf)e Ca~ram,bone, dated Fi:!tJruary .1, 2003 , to'theClty'ofPoway, Granlee, a governmental agency (under Government Code Section 27281), is, hereby accepted by the undersigned pffiI::eLon",~ehajf oi'ihe.,ciiyofPoway: pursuant to authority conferred by Resolution Nci. 34 of the Cily of Poway on,January 20, 1981 GRANTEE, City of Poway By'C1~l OM,' :Qbff!o fI_ Title: Lori Anne Peoples. City Clerk Authorized Represenl<itive Date: February 12, 2003 8 . 4712 . EXHIBIT A A PORtiON OF THE SOUTRWESTQUARTER OF THE!:NORTHwEST.QUARTER OF sEe;r}bN 9, TOWNSHIP 14 SOUTH; RANGE 1IJV.ESi, sA'iilB~RNARDINO MERIDIAN,IN THE CITYOF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED,AS FOLLOWS. COMMENtiNG AT THE NORTH QUARTER CORNER OF SAID SEemON 9; tHENCE, SOUTH ,89039'20" WEST ?653,27 F,EET TO THE. NORTHWEST CORNER OF SAID SECTION. 9; THENCE" SOUTH 4050'51" WEST 1958. 12 FEET, THENCE, N0R1Ji .8~~?:7'43" EAST9~,tO FEET TO THE TRUEP01NT OF BEGINNING BEING THE NORTHWEST CORNER OF THE SOUTHWESTQUARTER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE, NORTH 89027'43" EAST ALONG IRE NORTHERLY lINETHEREOF 558.62 FEET TO THE , ' NORTHEAST CORNER OFSAID SOUTHWEST QUARTER OF SAID SOUTHWEST QIJ~RTER OF SAID NORTHWESl' QUARTER; THENCE LEAVING SAID . . -.- . . NQ,RTHERL Y LINE SOUTHSOO'58" WEST 652.14 FEET TOTHE SOUTHEAST CORNEROFSAID SOUTHWEST QUARTER OF SAID~QUTHWESTQUARTER OF . - -- SAID NORTHWEST QUARTER; THENCE, SOUTR 89"23'48" WEST ALONG THE SOUTHERLY L1NETHEREOF533A2 FEET TO THE SbUliHWEST CORNER OF . . . , - - SAlp SOUTHWEST QUARTER; THENCE, NORTH T30!52" EAST ALONG THE WESTERLY LINE THERE0F100,01 FEET, THENCE, NORTH 1"56'54" EAST 55118 FEET TOTHE TRUE POINTOF .BEGINNING. ~~ ~o 'x..~ ., . SUA> '< . , .",~~ ,,,,w, J. /TIC ''<<~& c;:;'" 'V 1-:. , /-- , ;:J ~ 1p\1 ?'') ....;;;, o:;.w f', * Exp. 8/30/05 ), I !' I ' j cPA <844S'\ /.,0>/ '1)'; . '. O';~ f ~OFCAl\\':S~' " .' 4713 . EXHIBIT "B" A .ElIOl,;0GICAL OPEN SPACE CONSERVATION EASEMENT OVER, UNDER, ALONG AND ACROSS A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTEROE SECTION9,,TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OFPOWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE P ARTICULARIL Y DESCRIBED AS FOLLOWS, COMMENCING.AT THE NORTH QUARTER CORNER OF'SAID SECTION 9; THENCE SOUTH 89039'20" WEST 2653.27 FEET TO THE NORTHWEST CORNER OF SAID SECTION 9; THENCE SOUTH 4050'51" WEST 1951U2 FEET; THENCE NORTH 89027'43" EAST 9910 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO CATHERINE CATRAMBONE PER DOCUMENT NO 2001-0623056 RECORDED AUGUST 30, 2001 IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY; THENCE NORTH 89027'43" EAST (NORTH 8<)027'43" EAST DEED) ALONG THE NORTHERLY LINE THEREOF 317.40 FEET, THENCE;SOUTH 1056'54" WEST 451.58 FEET; THENCE SOUTH 89023'48" WEST 168,74 FEET, THENCE SOUTH 0036'12" WEST 168.15 FEET TO THE INTERSECTION WITH A LINE LYING 30,00 FEET NORTHERLY OF, AT RIGHTANGLE TO, THE SOUTHERLY LINE OF SUBJECT PROPERTY, THENCE SOUTH 89023'48" WEST 162,94 FEET TO THE INTERSECTION WITH THE WESTERLY LINE THEREOF, THENCE NORTH 7030'52" EAST (NORiTH 7030'50" EAST DEED) 6971 FEET, THENCE NORTH 1056'54" EAST (NORTH 1056'34" EAST DEED) 55118 FEET to tHE TRUE POINT OF BEGINNING. ~ . . PLS 4451 . I --.-'-.--. . I~ I . I ,:l I :J~) EXHIBIT "- PLAT N89 ' " 558.62' /" PO $. 317.-4{)' 1 241 -4{)' I I I I I '" I 'S S! I I. ~ I I~ 'i " , ~ I ~ ' 1 ~ w . co eo.oo' ..c.. ;;;1<" OPEN SPACE ~t N84'S9i02"W ""'I, 181:: EASEMENT f;! h~ I000Io. , IOU..... -I:R 4 52 ACRE Iii ~ i" I ..c.. ',' z. .. 'Z l!! fR /- i I 1 (; 8 I ' ; I I Z in ;:!: I Cl 0 /, ...; 1 !Q 2: I - 1 - ~ ;;II" , 1 >-./ I" I .l!&v.tJa_ ~I ,fR .. ... I r 168.74' I ~ I g PROPOSED ~60'_.PRIVAlE ROAD [ I I .,..,. _ i;; 0' fg AND UllUTY EASEt.4ENT AS l 11': watFllUl,.,.. <Xi 1 II) I 2: SHOI'otl ON QTY OFPOWAY I I ~. 0A1!D ...7_ '" 0 eA'-02-04 , ~I~ -I .~ ci / i .w Ii, gl~ , I ,f!? 30' I , <-/ .,. Z "'} !P L I ' 11);"'1": I 01 P i . 0 0 '. 0) oj en I ! i r;g. CO_1A2ii.4:....~~_.L56~L~ _ _ _ ~ 1.. - -- jA I 2: \ 320,31 N8. 9'23 48,ES33.42' i I SITE N89'23'48"E 593.71' ! VICINITY MAP HOT 1O.tcMf 01-29 ~ERB E~~~G. 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