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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