Conservation Easement Deed 2003-0177353
, ' , ',. · ' DOC~ 2003-0177353
RECORDING REQl!E_STED BY: FEB 18, 2003 10: 08 AM
I () CiTY OF POWAY . OFFICIAL RECORDS
0lV ' 4692 SAN DIEGO COUNTV REDJRDER'S OFFICE
"f WHEN,RECORDED MAIL TO: GRE~RV J. &IIITH, COUNTY RECORDER
) I CITY CLERK FEES: 0,00
',.A CITY OF POWAY OC: NA
08~ POBOX 789
" . POWAY CA 92074-0789 [\\\\\\\\\\\\"\\\\'\"\\\\\\'\~~\~U\\\'~~~\\\l)\\)"\\\\\'l\ ,_
APN 321-161-06\\,:. I H )\:11. 2\!O,......-
CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED is made this / I day of ;:::&6 20();" '2.08'f:
by Mark W Norris, ("Grantor"), in ,favor of City of Poway ,("Grantee'): acting by and through its
Development Services Depa.rtment, '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 "8"
attached hereto and incorporated by this referertce(the "Property'}
8, The Property poss-esses wildlife and habitat values (collectively, "conservation values") of
great importance to the Gra'ntee, the people of the City of Poway, the people of the State of California,
and the people of the United Stales.
C, The Property provides Southern Mixed Chaparral and Diegan Coastal Sage Scrub,
Coastal Sage Scrub is the habitat of the California Gnatcatcher, whicD is listed as a threatened species
on the Federal Endangered Species List A pair of California Gnatcatchers and a single Gnatcatcher
were observed Ort the site. Conserva,tion'of this property will preserve habitat of a protected species,
D The City of Poway is authorized to hold conservaticln 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 (CJSFWS) has jurisdiction over the
conservation, protection, restoration" enhancement ,and managexnent'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 Cons~r:vation Easement provides protection for 4 acres of land that contains
primarily Diegan Coastal Sage Scrub with a small area of Southern Mixed Chaparral located. within a
property that is located ,!djacent to and is being annexed into th-e City of Poway's Subarea Habitat
Conservation Plan/NCCP Focused Planning Area,
H. Grantor intends to convey to Grantee the ,right .\0 preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, 'Terms, Conditions and Restrictions
1
tS04~19 D3 Q:J5
, . CbriSerliatibri.EaSe'me-ri!ed ·
Page 2 ~:.6:9.3
f9ntained herein: in exchange"for Graniee permitting Grantor;s removal of approximately 1,9 acres of
SqLJth~rn Jvi'i>:ectChilparr.,jj in the' ~ev_eioprrie;ll ora single!filmily residence :(MORA OO~34). This is a
mitigation measure!for such.:removal.of'1.9acres of Southern Mixed ChaparraL
L Grantee agrees by accepting this grant to honor the intentions of Gran tor statedhereiii
and. to preserve and to proiectin 'perpetuity the conserliationvalues of the property in ,accordance with
the terms'cifthisConservation Easement for the benefit of this generation and the generations to come.
COVENANTS, TERMS. CONDITIONS AND RESTRICTIONS
IIi c:onsideration of the above recitals and the mutUal covenants, terms, conditions, and
restrictions ctintainedherein, :and pursUant to California 'Iaw, including Civil Code Section 815, et.'.seq"
Granto!' hereby voluntarily deeds and conveys to Grantee conserVation easement, in perpetuity over the
Property. of the nature and character:and to the extent hereinafter, setforth ("Easement')
1 Purpose, The-purpose of this Conservation :Easement is to ensure the .Property will be
pres,!rved in a natural condition, in, perpetuity and to prevent any use of the Property that will materially
impair or interfere withthe,conservation .values of the Property; Grantor intends ,!hat' this, Conservation
Easement will confine the use of the Property to such activities, including without limitation, those
involving the preservatil;m and enhancement of native species"and'their habitat in' a mariner consistent
with the habitatconservationpurposes'of this Conservation Easement
2, Riahts'of,Grantee, To'accomplish the purposes ofithis,Conservation Easement, Grantor
hereby grants and con",eysth!'fol!o\Nihg rights to Grantee and the State of California DepartmentofEish
and'Game as a third party bene(iciary.ofthis 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 Grantor's
compliance with; and to othelWise'enforc,! the terms of, this Conservajion Eaiement, inc!ud)ng"Gniriior's
obligation tom~nage the prop,erty consistent with 'Grantor's duti!"s as set f()rth in section 4,and for
scientific research and interpretive purpi)ses by Grantee or its designees; and CDFG and its designees,
(c) To, prev,ent';any ,ac!ivi,ty on or use of the ProPElrtY' that is inconsistent with the
purposes of this Conservation' Easement'and to require the restoration:of such areas or'features' of the
Property,thatmay be 9amaged'by any, act, failure to act, or any use.that iSinconsistentwith'itie,purposes
of this ConserVation Easement;
(d) All mineral, air and water rights necessary to protect and sustain the bi..ological
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 Property inconsistent' with the habitat
conservation purposes;ofthis, Conservation Easement;imd ;no\'i;pecifically reserved Els a right of Grantor
is prohibited, Wi!hout'liiniting 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, rodenticldes, or weed abatement
activities, incomp~tibl!,'fir_eprote:dionactivitiesand any and aJloU;eruses Which may adversely affect the
purposes of this Conservation Eas.ement;
2
, i ~: 'conSel)lati~lnEaSem~nAed .
I
Page 3 469'4
(b) Use:b(off'roail:,vehicles; except vehiciesiused lor property maintenance required
,bythe'CityofPoWay,arid thenorily over!existirig roads,
,(c) Grilzirigor'surface,ehtry for exploration or'e)(traction of minerals;
(d) Erection otariybuilding, billboard, sigri;
(e) Excavating, dredging or removing of 'loam, gravel, soil, rock, sand or other
materiai;
(f) Otherwise' altering the general topography of, the Property, includirig buildirig of
,roails,or changing the grade ofthe ,Property;
(g) Removirig; destroying, or cultingoflrees, 'shrubs, or ,other vegetation, excepCas,
required: by law for (1) firebreaks, (2) 'maintenance of ex isti rig foot trails or roads, or (3) prevention or
treatment' of disease,
(h) Planting of ' trees or other vegetation except bY wr'itten permissionJromthe City of
Poway
4, Grantor's Duties" Grantor shall undertake all(reasohable ,actions to prevent the uhlawful
entry and trespass by persons whose activities may ilegrade or 'harm the conseniation: values ,of the
p,roperti, In addition, Grantor shall'undertake all necessary actions to protect Grantee's rights' urider
Section 2 of this Conservation EasElment Grantor further'covenants that mairitenance of the Property; to
wit: clean up,ofall trash:and,debris"shall be the Grantor's responsibility
5, Reserved Riqhts, Grantor reserves to itself, and to its personal representatives, heirs,
successors, find assigns" all righ)s a,<crulng from its ownership~ of .the Property, including the 'right to
engage in or to. permit or invite. others 'to engage in all uses oHhe Property that are,conslstent'with the
. ,."" - ..~.' - -
purposes,of this Conservation'Easement
6. Grantee's, Remedies, I(Grantee determines .that Grantor is in violation of,the'terms of
this Conservation Easement}:>rthat.a:violatio~ is threatened, GranL~e'shall give written noticetq Gra.ntqr
of such violation and demand in writing corrective, action sufficient to ,cure the violation. Grantee shall
also notify,ihe California Departmenhof Fish and Game. If Grantor fails 10 cure the vloiationwililin thirty
(30) :days after, receipt of said wrltt!ln noti~eand demand from Grantee, ori(thecure reason<iBlnequlres
more.than thirty (30) days,to,complete'andGrantor fails.to begin the cure within the thirty (30) day period
or fails to continue diligently to complElie thE!' cure, Grantee may bring a~ action at law or in equity in a
court of competent jurisdictiort to 'enforce' the terms, of this Conservation Easement; to recover any
damages, to'which Grantee may ,be enti)led for violalion by Grantor of the terms of this CgnsElrv')tion
Easernen1, to'e!1join the Yl()latioh, ex parte as necessary; by temporary or permanenl'injunc~on witrout
the necessity of proving eitheraclual damages or the'inadequacyof otherwise available legal remedies,
or,for:otherequitable relief", including, ,but,n611imited to, therestoralionioftheProperty to the condition in
which Itexisted'prior'to:,anysuch violation or injury Without limiting Graritor's liability therefore, Grantee
may,apply any damages recovered to the costofundertakirig' ariy corrective action on' the Property
If Grantee, in its sole discretion,..deterrhines that circumstances require immediate:action
to prevent orrnitigate' significant damage:to the conservation'lialues oUhe;Property, Gfanteemaypursue
its rem"edies under thisparagfa'ph without,priofnoticeto Grantor, or without waiting" for the period 'provided
for cureto.expire. Grantee's,rights u"ridefthis paragraph"aJjply'equally to actual or threaten'ed violations
ofthe terms of this Conser:vation Easement Grantor ahd Gnfntee,agreethat Grantee's remedies for any
violatiort ofthe terms of thisCohseniation' Easemehtis the injunctive.reliefdescribed in this section, both
prohibitive"ahd' mar'idatory, in additioh to such other reliSf 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 damages6r the inadequacy of otheiWiseavailable legal remeil/es, Grantee's
remedies described in this section shall be cumulative ahd'shall be in addition to all remedies now or
3
Conservation Easemenled 4.69 ,
Page 4
hereafter: existihgat law or in equity, including but hot. limited to, the remedies set forth in Civil Code
SeCtion 815, ef selL inclusive, ' .
If atany,time inilhefuture Grantor'or any, ~;ubsecjuehttransferee uses or threatens to use
such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code
SeCiion~81'5'7,'the California Attorney General or third,party entitles organized Jor'conservation purposes
--,">", . .-' -
have,stalldillg as interested parties in any proceeding affecting this Conservation Easerneht as against
Grantor
The California Department of Fish and Game (CDFG) as,a third party beneficiary of this
ease, ment shall have the same rights as Grantee under this section to enforce the terms olthe easement
~ , ..
6,1 Costs of Enforcement Any costs incurred by Grantee or CDFG in enforcing the
terms' of ,this Conservation Easement against Grantor, including, but. not limited to, costs of, suit and
,,' .. .'_' . -, --,' .
,attorneys'fees,and any'costs of ~estorati.on necessitated by Grantor's'violation or negligence under the
termsofthis Conservation Easement shall be borne by Grantor
6.2, Grantee's Discretion. Enforcement of the..termsof this Conservation Easement
by Grantee or CDFG shall be atthe'di~cretion ol'Grantee andCI)FG,andany 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,subs~quent breach,.of the same,or.any other
term ofthis Conservaiion Eas!lmentor of any of the Grantee's'rights under this Conservation Easement
Nod!llay or'omissi.on by Granieeor CDFG in the exercise of any'right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as awaiver
6,3: Acts Bevond Grantor's Control. Nothing contained in this Conservation
Easemelltby Grantees!,lall be.at'lheidiscretion ofGranteeandCDFG to bring any action against Grantor
for any injufy'to change. in the Property resulting from causes b,eyond Grantor's control, including, fire,
flood, storm:and earth movement,.o~any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injurylo Ihe Property resulting from such causes,
6.4. Department of Fish and Game Richt of Enforcement ,All rights and remedies
conveyed to'Grantee under thislCons,ervation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS,
7 Propertv Manacement and Maintenance, Grantor and its successors shall maintain the
Property,!n accordance with the terms and conditions as set forth herein,
8. Access, This Conservation Easement does not conveya. general right of access to the
public; however, after receiving approv~1 from Grantor, not to be u!1reasonably 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, .
g,Costs and Liabilities, Grantor retains all .responsibilities and shall bear all costs and
-. , \
Ilabilities.of any'kind\includingtransfer costs, costs oltitle;and.documentation review, and costs related to
the:ownership, operation, upkeep,'andmaintenance of the Property,
9.1 Taxes, Grantor shall pay befbredelihquency all taxes, assessments, fees, and
charges of whatever description levied on or ass'essed 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 paymeht upon request
92 Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG ,and its members,' directors, officers, employees, agents, contraCtors, and their heirs, and
representatives, successors:ang assigns (collectively "Indemnified Parties") from and against all, liabilities,
penalties, costs, losses"damages, expenses, causes of action, claims, demands, or judgments, including
4
Conservation Easemen!ed 46'6
Page 5 without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or
the,death,of any person, or, physical damages to any property resulting ffom any'act, omission, condition,
or other matter related to or'occurring o,n or abouUhe Property"regardless of cause: (2) the,obligations
specified. in Sections 4, 9, and 9, 1; and (3) the existence or administration of this Conservation Easement
9,3, Condemnation,. The purposes of the: Conservation Easement are presumed to
be the best and most nec,,!ssary pubUc use as defined at Code ,of Ciyil Procedure Section 1240,680
notwithstanding Code of Civil Procedure Sections 1240,690 and 1240,700,
10, Assiqnment This Cgnservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG, Grantee may assign its rights and obligations
under th!s Conservation Easement only to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815,3, Grantee shall require t~e assignee to
record the assignment in the county 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 Grantor 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 Grantee or the CDFG of'the intent to transfer any interest at least forty-fiveH45) days
prior to the date of such transfer Grantee shall have the righUo 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 nol:impair !he validity of this Conservation Easement or limit its enforceability
in any ""ay, Grantor shall no, grant additional easements or other interests in the property withouUtie
prior written authorization of Grantee and CDFG,
12, Notices, All notices, cjemands, requests, consents, approvals, or ,communications from
one party to another shalLbepersonallydelivered or sent by facsimile'tCrthe persons, set forth. below or
shall be deemed given five (5) days aftElr deposit in the United States mail, certified and postage prepaid,
return receipt reqyested 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' !\i1ark W Norris
14990 La Manda Drive
Poway, CA 92064
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 parties, agree to accept facsimile signed, documents and agree to rely upon such
docum'ents as' if they bore original sigllatures, Each party agrees to provide to the other parties, within
seventy"two (72) hours after transmission of a facsimile, documents that bear ihe original signatures,
13: Amendment This Conservation Easement m~y' be amended by Grantor and Grantee
only 'by mutual written agreement approved in writing by CDFG, Any such amendment shall be
5
conservation:,EaSeinen~eid .
Page 6 4 6 9 '
consistent' with the purposes ot'this Conservation EasemenFand, shall nI affect its perpetual duration,
Any such amendme'nt'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 cbpy of the recorded easement
15, General Provisions.
(a) Controllina 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' of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally, construed in favor of the deed to effect the
purposes oMhis Conservation Easement and the policy and pun~ose of. Civil Code Section 815, et seq, If
any provision inthis'ihstrument is found"to be ambiguous, an 'interpretation consistent with the purposes
bf this Conservation, Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid,
(c) Seven'ibilitv Ifa court of compete!"t jurisdic:lign voids or invalidates' on its face
any provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation. Easement Deed, If a court of competent jurisdiction voids or invalidates the application of
any provision of ' this Conservation Easement Deed to a persoll or circumstance, such action shall not
affecfthe application of the provision to other persons or circumstances,
(d) Entire Aareement 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 tille 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 respecJive 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 Riahts and Obliaations, A party:s .rights and obligations under this
Conservation Easement shall terminate only upon transfer of the p'arty's interest in the ConserVation
Easement or Property, exceptthat liability for acts or omissions occurring prior to transfer shall survive
transfer
(h) Captions, The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation,
(i) Counterparts, The parties may execute, this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be
deemed an original instrument as against'any party who has signed it In the event of any disparity
between the counterparts produced, the recorded counterpart'shall be controlling,
OJ Modification. This Easement is not'subject to modification or amendment except
in writing and signed by Grantor, Grantee and CDFG ortheir permitted successors, or assigns,
6
Conservation Ease-menlect . .,46'8
!
Page 7
(k) Exhibits, All Exhibits referred to in this"Easement are attached and incorporated
herein by reference,
(I) Appropriations, The duty of the City of Poway arid CDFGto carry out their
respective10bligations under this Easement shall be subjectto the availability of appropriate funds,
(m) Effective Date, This Easement shall be effective upon recording with the San
Diego County Recorder's Office,
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and ,year first above written.
GRANTOR:
Mark W Norris, Prope f APN 321-161-06
By' ~~
Approved as to Form:
ANN S, MALCOLM, Deputy General Counsel
CA DEPARTMENT OF FISH AND GAME
~S!~
Approved as to Form:
Office of the City Attorney
Stephen M: Eckis, City'Attorne
7
." . . 4699
CALI FORNIAALL~PURPOSEACKNOWLEDGMENT
State of r~(] Iifurn J'a
Counlyof ,50n D1f9(j
On ---Eel?rUQ(~ II; 100'J before me,
Dale
personally appeared ---.WIn r~ w. norri0
Name(s) of Signer(s}
f'!personally known to me - OR - 0 proved to rile on the basis of salis factory evidence to be the person{'Sj
whose name(al is/eF9-subscribed to the within instrument
and acknowledged to me that he/sRe/tRey executed the
, . , same in his/her/tR,eir authorized capacity(ie8-} , and that by
J------------J '
.. ... 'BETHANNLOIIISON hlslAClitl,o!:il signaturefel on the instrument/he personf6l,
_. c.ommiSSlO.'.,n#135,OOO9" or the entity upon behalf of which the persontaj-acted,
Nota"! Public - r:alilomia I executed the Instrument
,. San Diego County
, , ' Comm, eXp;re. '''7;2008 WITNESS my hand and official seal.
i.~Nh (]rm L CYV! Ann
Signatl.lreof Nolary Public
OPTIONAL
Though the information below is ng! required by law, it may prove valuable to personsIeJying on the document and could prevent
fraudulent'removal and reattachment of this (ormto 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 by Signer(s)
Signer's Name: Signer's Name:
. 0 Individual 0 Individual
o CorporaleOfficer 0 Corpo'rate Officer
Title(s}: Title(s}:
o Partner -0 Limited 0 General 0 Partner ~D Limited 0 General
o Attorney-in-Fact 0 Attorney-in-Facl
o Trustee 0 Trustee
o Guardian or Conservaior 0 Guardian or Conservator
o Other' Top of thumb here 0 0ther Top of thumb here
..........-......
Signer Is Representing: Signer Is Representing: _,- - -' -, . - . '.....
/,-, ""' -."" -.~ :.:.' ~~
10- ..' .-,' - --'l'~~~
- -
~' - -""':'r-:-- _~.
C 1994' National Notary Associalion' 8236 Remmel Ave., P.O. Box 7184. Canoga Park,'CA 91309-7184 Prod. No. 5907 ReOrder:,c:.~~1_TOH@r1-SOO:~?6-6a27
~. . . . .
4700
EXHIBIT 'A'
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OFTHE SOUTHWEST
QUARTER OF SECTION\>, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, AS
SHOWN AND DESCRIBED ON RECORD OF SURVEY NO 16454, FILED IN THE
COUNTY RECORDER OF SAID COUNTY ON JANUARY 14,2000 AS FILE NO
2000-024114 OF OFFICIAL RECORDS, THENCE ALONG THE NORTHERLY LINE
OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER' OF
SECTION 9, NORTH 89059'29" EAST, 68924 FEET, THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 02056'27" EAST, 1089,80 FEET TO THE TRUE POINT
OF BEGINNING, THEN CONTINUING SOUTH 02056'27" EAST, 218.63 FEET TO A
POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 89032'59"
WEST, 819,65 FEET, THENCE NORTH 8006'34" WEST, 220,21 FEET TO A POINT
ON A LINE WHICH IS PARALLEL TO AND 218.25'FEET NORTH OF SAID
SOUTHERLY LINE, THENCE SOUTH 89032'59" EAST, 77737 FEET TO THE
TRUE POINT OF BEGINNING,
PREPARED BY
~L-.<?h 1(1-/b~t?Z
WILLIAM YEN, RCE 33730
EXHIBIT 'B' 4701
1/4 CORNER, SEC 9
/ APN 32-H61--16 APN 32H61-16
/
/
T' / N89"59'29"E 689,24'
z:~ --
--
~i'- 567,24'
'{l \
I'i I
(1)
- --W'LY LINE, SW 1/4
SEC 9 0
0
N
(1) II
ill ,
z:6 ~
~~ w
-'
ii <l:
, I u
(1) VJ
, I
. ~ z H
~ 0
"1 ~ 0 0
r<j r<j CD ~
to
~ ()) (]I
"1 0 CD 0>.
~ ~ O. N APN 321-161-05
-.J
,UJ APN 32'1-161-06 ~
~
."1 ~
! <0 tN
0 0
Co CD
i'- 0 ""
(\1 Z tN.
1
I'i
w , I
z: OPEN 'SPACE EASEMENT
~ , DEDICATED HEREON T.p.a.B. I
/ "
"
/ "
I "
f
to
z:~ --
~" I
,~ APN 32i--16-j-03
~d-f'~
/r1_/P~f?..e
Conservation Easemen~ed ':.
c
Page 8 4'702
CERTIFICATE OF ACCEPTANCE
This\isito ,Certify}hatthe interest in feal property conveyed by,the Conservation Easement by
MarkW, Noms, dated ebruary 11" 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
Goy~nlmeniiCode Section 2728,1 ),is hereby accepted by the unaersigned Officer on behalf of the City of
PowaYipurswmt to authority conferred by Resolution No, 34 of.the City 6tpoway on January20,1981
GRANTEE. City of Po way
BY'~~~ nMAf,~~1)OA
Title: LoriAnne Peoples, CitvClerk
Authorized Represeritative
Date: {ebrua ry 1'1, 2003
m:\city\plannihglCmr\norrisdfg conserVation easement deed 5/02
8