Conservation Easement Deed 2003-0177354
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v.". 2003-01'77354
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, 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;
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: · 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
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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
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. 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,
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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.
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* Exp. 8/30/05 ), I !'
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" .' 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
.
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EXHIBIT "-
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11': watFllUl,.,.. <Xi 1 II) I 2: SHOI'otl ON QTY OFPOWAY I
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i I SITE N89'23'48"E 593.71'
! VICINITY MAP
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01-29 ~ERB E~~~G. INC.
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