Conservation Easement Deed 2003-0460687
. DOG ,: 200'3-0'460687
Recording, Req~~st~g:B Y' APR 22, 2003 8:24 A,...i
CITY OF POWAY OFFICIAl RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
When recordedmaiHo: GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
City Clerk DC: Nfl
(;jtY(Qt Poway
Post'Office Box 789
Po~ay, CA 92074-0789
.~ 'Space- Above;line for Recorder's 8s'e Only
e&1t
rJ CONSERVATION EASEMENT DEED
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TH/S CONSERVATlONEA,S_EMENT DEED is made this ZZ- dayof'tJV7 .,2002 by Mark J and Lisa M,
Norris ("Grantors:;), in favor of the City of Poway ("Grantee"), acting by, and through its Development Services, .
Department, with reference to the following facts.
RECITALS
A. Grantor is the sole owner in fee simple of certain real'property'in 'the Cily of Poway" County of San
Diego, State of California, more particularly described in Exhibit "A" (le,gal descriplion) and Exhibit B (easement
plat)'attached hereto, and incorporated'bylhis reference (the "Property"),
B, The Property' possesses' wildlif~, and habitat values (colleclively, "conservation. values::) of great
importarii::e.tothe Grantee, Ihe people:of theCity,of Poway, the people'oftheSlate of California, and'tlle people
ofthe,United States,
C, The Property provides high ,quality coastal sage scrub, which potentially provides habital for Ihe "
California gnatcatcher
D The City of Poway is ,authorized to hold conservation, eas,ements for the preservation of land in its
natural,scenic, agricultural, historical, forested, or open space condition, The'City of Poway has authority 10 hold
easements for these purposes pursuant to California Civic Code Section'815,3(b),
E, The State of California, by"and through ils Department of Fish and Game (CDFG), has jurisdiction,
pursuant' to, the Fish and Game Code Sedion 1802, over the conservation, prolection, and management of fish:
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wildlife, native"planls and the habitat necessary for biologically sustainable populations of those species,
'F Tile ,United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation,
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protection, restor.ation; enhancementa.nd'managelTIent offish, wildlife and native plants'and'the habitatson:~hich
Ihey depend ~nder'tQ,e Endangered 9pec:(es Act,16 U,SC, section 1531 et seq, (ESA), the Fish and Wildlife
Coordination,Act, 16 U,S:C section 66'1-666c and other applicable laws,
G, ThisCon~,ervation E?s8rT),ent provides protection for .2.4 ,acres"of land, which contains high quality
coaslal sage ,scrub "Y,ithin the' Mitigation ,Area of th~, :adopted City of Poway Subarea Habitat Conseniation
Plan/Natural (;ommunity Conservation Plan ("Poway HCP'),
H, Grantor'intends:toc:pnyey to Grantee.the right to preserve and protect the conservalion values of the
Property in perpetuity in accordance with Covenants; Terms, Conditions and Restrictions contained herein in
exchange for "G~aniee' peritii,ttfng Grantor's removal of 1.2 AC acres: of coastal sage scrub, Pursuant to the
compensation mitigalion ratios established in the poway HCP, and companion Implementing Agreement, this
I t\,?t;}~~
o 3,:,Owcr
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ConservatioQ E:i3~e.ml1pt" ge~d., :pr()vides cO!l1peQsation l]1itigation for certain impacts of Minor Development
Revie,w Appli~?t!glJs.,M9RAOO'121 and MORA 00-122 to construct a 3,798' square-foot house at 15140 La
Manda Drive {APN 3,14-370-28) and a 4,293 square"foot house at 15161 La Manda Drive (APN 314_370-25),
respectively; located;in the City ot'Poway, County of'San Diego, State of California,
J l3rantee .agrees by accepting this grant to honor the intenlions of Grantor stilted herein and to
preserVe,and\,to"'protectin perpetultythe,cbnservatlon values of the property in accordance with the terms of this
CohserVationEasement for Ihe benefit of this generation and the generations to come.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants,terms, conditions, and restrictions
contained herein, and pursuant to California law, including Civil Code Seclion 815, et seq" Grantor hereby
voluntarily deeds and conveys to Grantee conservation easement in perpetuity over the Property of the nature
and character'knd to'the extent hereinafter set forth ("Easement"),
1 Purpose, The purpose ilf this,Conservalion Easement Is to ensure the Property will be preserved 'in
a natural condition in perpetuity arid to prevent'Jany use of the Property that will materially impair or interfere with
the conservation vaiues of the Property Grantor intends that this ConserVation Easement will confine, the,use of
the Property to such activities, including without limitation, those involving the preservalion and enhancement of
native species and their habitat in a r]1anner consistent with the habilat conservation purposes of this
Conservation Easement
2, Riqhts of Grantee, Toaccornplish the purposes of 'this ',Conservation Easement, Grantor ,hereby
grants and conveys the following rights to Grantee and the State of California Department of Fish and Game as 'a
third, party beneficiary of this 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 atreasonabie times in order to monitor Grantor's,compliance
with and to otherwise enforce,lhe termso(tilis ConservalionEasement'including Grantors obligalion ,to manage
the property consistent with Grantor's duties as set forth in section 4 and for scienlific research and interpretive
purposes by Grantee or its designees;
(c) To prevent any ac\ivity on or use of the Property thaHs inconsistent with the purposes of
this Conservation Easement and 10 requir.e the restoration of,such areas or features of the Property,that may be
damaged by any act, failure to act, or ~I1Y use that is inconsistent with ,the purposes of this Conservation
Easement;
(d) To preserve all mineral, air and water rights necessary to protect and sustain the
biologic"lresources of'the Property; and
(e) To enforce by 'means including, without limitation, injunctive relief, the terms and
condilions of Ihe Easement
3, Prohibited Uses, Any activity on or use of the Property, inconsistent with the habitat conservation
purposescifthis Conservati6h,Ea'sement and not speclficallY"reserved as arighlof Grantor is prohibited, Without
limiting the"genemilityof th'e foregoing, the following ,uses bY. Grantor; Grantor's agents, and third parties, are
expressly prohibited unless specifically provided for through the regional Mulliple Habitat Conservation Program.
(a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement aclivlties,
incompatible fire protection activities and any and all other useswhich'may adversely affect the purposes of this
Conservation Easement;
(b) Use of off-road vehicles;
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(c) :Grazing'or'surface entry forexplorationor'extraclion'olminerals;
(d) Erection of any building, billboard, sign;:
(e) Depositing'olsoil, trash, ashes, garbage, y;aste, bio-solids or any other material;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or oltier malerial;
(f) Otherwise altering "the general topography of ,the Property, including building of roads or
changing ttie'gradeolthe Property;
(g) Removing, destroying, or culling of trees, stirubs:, or, other vegetation, except as required
by,law fOP(,,1Jfirebreaks, (2) maintenance of existing foot trails, Cily'approved recreational trails, or .roads,or (3)
prevention or treatment of disease,
(h) Planting of trees or other vegetation except by written permission from the City of Poway
4 Granlor's Duties" Grantor, shall undertake all reasonable actions"to, prevent the unlawful entry and
trespass by persons, whose activities may, degrade or harm the conservation valUes of the Property In,adoition,
Grantor shall undertake all necessary' actions to protect Grantee's' rights under Section 2 of this Cohservation
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Easement Grantor further covenants that, maintenance of the Property, to wit: clean up of all Irash and debris,
,shall be the Grantor's responsibility
5, Reserved Riqhts, Grantor reserves to itself, and to its personal,representatives, heirs, successors,
and',asslgns"all rights accruing from itsow[)ership of the Property, including the right to engage in,or to permit or
invite others to engage in all uses of,the Property that are consislimt with the, purposes, of this Conservation
Easement
6, Granlee's Remedies, If ~rantee' determines that Grantor is in' violation of the terms of this
Conservation Easement or that a viola,tion 'is threatened, Grantees,h,ail ,give written, not,ice to Gr'lntor of 'such
violation and demand in writing corrective :actionsufficient to cure the vioiation: Grantee 'shall also notify the
California Department of Fish'and:Gam~, 'I(Grantor fails to cure:th,e Vlolalionwilhin thirty (30) days after receipt
of said written notice and demand from Grantee, or if the cure reas9~ab,ly requires more thaf] thirty (30) days to
complete ,?nd Grantor falls to begin the cure wilhin the thirty (30) day'perj()cf or faili> .to continuEl dlligen!ly to
complete Ihe cure, Grantee may bring an action at lawor in equity in a <<ourt of competenl:jurisd.,i~tion to enforce
the terms'of Ihis Conservation Easement, to recover any damages to which Grantee maybe entitled for violalion
by Granlor of Ihe terms ,of this Conserv~lion Easement, to enjoin ihe ;violaiicin, ex parle as' necessary, by
lemporary or permanent ir'ijunclion wllhotit the necessity of proving either actual damages or the inadequacy of
otherwise:available legal remedies, or/or '<lther equitable relief, in<<I,uding, but not iimited to, therestor?tion of the
Property 10 the condition inwhich il,exisled!prior to any such violali,?n or'injury, Witho'ut limiting Granrorls liilbUity
therefore" Grantee may apply any damages recovered ,to the cost of undertaking any correclive action on the
Property
If Grantee, in"its,sole discretlon"determines that circumstances require immediateacllon to prevent
or-mitigate significant damage 10 the'conseivation'values of the Property; Granlee may pursue ilsremedies under
Ihis paragraph without prior notice to Grantor or wilhout waiting for .the period provided for cure to expire,
Grantee's ,rights under this paragraph ap,ply equally to aclual or Ihreatenedvioiations of the terms of this
Conservation Easement Grantor and Grantee agree that Grantee's sole:remedyfor any violation of the terms of
this Conservation Easement is 'the injunciive- reiief described in this section,bothprbhibitive and mandatory, in
addition to such otherrelief"to'whichGrant"!e may be ertitled, inc!udi~g,specificperformance of the terms olthis
Conservation EasemElnt, ;yi\hout'the necessity of proving either actu;;J1 dam;;Jges or ihe inadequacy of otherwise
available legal remedies" Grantee's remedies ,described in Ihis seclion shall be cumulalive and shall be in
addition' to all remedies n()wor hereafter existing ai law or in equity, '(ncluding bUI notiimited to; the remedies set
forth in Ciyil Code Section'815, et seq"inclusive,
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If a!a.lly;Ume:iQ the future Grantor or'anysu_bse,quent tra.llsf~ree,uses or threatens to use such lands
for purposes' inconsistent with this Conservation Easement, notwithstanding' Civil Code Section 815.7,the
<~.. _ ~_, _~_ _"".~ _ __ .~>< "_ ___ _ __" ._ _,','__ _" ._ _ _ ___r'_, .
California; A!t()~ney, Ge'[1,eralor third-party entities orgall!ze!l,: fC?~ SOfl:;!3.rva1ion purposes have standing as
intere:;led pa!ijes)n any;proceedingaffecting this Conservation;Easement as'against ~rantor
. The,California D!lpartmenl of;F[sh and Game (CDFG) ,as, a third party beneficiary of this easement
shall have ,the same rights as Grantee under this section to enforcethe,lerms of the easement
6,1 Costs of Enforcement Any costs incurred by Grantee in enforcing the lerms of this
Conservation Easement.against Grantor; including, but not limited to, costs of suit and attorneys' fees, and any
costs of restor?Ition necessilated' by Grahior's 'violation or negligence under the 't\,rms of Ihis Conservation
Easement'shallbe borne by Grantor
62, Grantee's, Discretion. ,Enforcemenl of the terms of this Conservation Easemenl by
Granlee shall,be at the discretion of.GranteEl andCDFG, and any forbearance, by Grantee or CDFG to,exercise its
righls under this'Gonservation Easem'ent by Grantor shall not be deemed or con:;trued to be'a waiver by Grantee
of'such term or of.any subsequenl breach.of.the same or,any other lerm of'this'Conservation Easement or of any
of the Grantee's rights under this Conservation Easement No delay'.or 6mission by Grantee or CDFG in the
exercise of any right or remedy upon any breach by Grantor shalllmpair'such right or remedy or be construed as
a waiver '
6,3, Acts Bevond;.Graritor's Control. Nolhing contained, in ,this Conservation Easement by
Grantee shallbe.at the discretion of Grantee and CDFG to bring any action against Grantor for any injury to
change in the Property'resuiting from cau-ses beyond Grantor's control, including, fire, flood, storm, and earth
movement, or any prudent action. taken, by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resuiting from such causes,
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6.4 Department,of'Eisn and Game Rioht of Enforcement. All rights and remeDies conveyed
to Grantee under this Conservation Easement. Deed shall extend to and are enforceable. by Ihe Department of
Fish and Game or USFWS, ;"
7 Propertv ManaoemenVand'Maintenance, ,Grantor and its successors shall maintain; tne Property'in
accordance with the.terms,and conditions:as set forth herein,
8. Access, This Gonservation Easement does not convey, a general righl of access to the public;
however, after receiving ,approval from' Grimtor, not to be unreasonably withheld, access for scientific research
and interpretive purposes,shall be reserve~ loihe Grantee and CDFG,wto'designee of Grantees and CDFG,
9 Costs and Liabilities, Gralltor.retains all responsibiilties and 'shall bear all costs aQdliabilities of.any
kind including transfer costs, costs of title and documentation review, and costs related 10 the ownership,
operation, upkeep, and maintenance of the 'Property
9,1 Taxes, Grantor or subsequent transferees shall pay before delinquency all taxes,
assessments, fees; and charges of.whatever description levied on or assessed againsfthe Properly by competenl
autnority (collectively' "taxes:'), including any' taxes imposed upon, or incurred as a resuit of, this Conservation
Easement, and shall fOrnishGrantee and'C,DFG with satisfactory evidence of payment upon request
9.2, , 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 andassigns,(collectively "lnderTihified Parties") from and,against allliabilities,.penallies, costs, losses,
damages, expenses, causes of action, Claims, demands, or judgments, including wilhout limitation, reasonable
attorneys' fees, arising from or in,any way,connecled with: (.1) injury. t6 ortne. death of any person, or physical
damages to any propefty'resulting from any act, omissioh, condition" or other matter related 10 or occurring on or
about the Pro'perty', regaroless of cause; '(2) Ihe obligations'speclfied in Sections 4, 9, and 91, and (3) the
existence or administration'of this Conservalion Easement.
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9:3; ,Condemnaiion, The purposes of ,the, Conservation Easement are presumed to be the
best and,!TIo,st necessal)' public use ,!sciefine<!at}Co~e of Civil: Procedure Section 1240680 notwithstanding
Code.o(Civil.ProcedureiS~ctions 1240,690,and 1240':700,
1,lJi 'Assiqnment This Conserv<ition Easement may not be transferred; assigned, or exlinguished
without the prior' yvritleri ,approval of CDFG, Grantee may assign its rights ,!nd obligations under this
Conservation Easement'oniy to an entity or organization authorized to acquire and hold conservation easements
pursuaiil'lbCivii Code Section 815,3, Grantee shall require the assignee to record the assignment in the county
'where the Property is'located,
11, Sub-sequent Transfers, Gran,tor agrees to incorporate t~e terms of this Conservation Easement in
any deed or i5the-r legal instrument by which Grantor divests itself of any interest in all ora portion of the Property,
including, withoutlimilation, a leasehold .interest Grantor further agrees to give,writlen notice to Grantee and Ihe
CDFG ofthe intenUo transfer any interest;atleast forty-five (45) days piio~'to the date of such transfer Grantee
shall have the right to prevent subsequenUransfers in which prospective subsequent claimants ortransferees are
notgiven notice of the covenants, terms, conditions and restrictions of thlsConservalion Easement The failure of'
Grantor or Grantee to perform any act provided in Ihis sedion shall' not impair the validity of this Conservation
Easement or limit its enforceability in any way Grantor shall not granl additional easements,or other intiirests in
the property withoul the prior writlen authorization of Grantee and CDFG,
12, Notices. All notices, gemand~, r~quests, consents, approvals" or communications from one party to
anothershalrbepersonally deliveredorsentby'facsimlle to the persofls.seLforth 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, o'r at such other 'address as any party may from timeto.time specify 10 the olherparties in
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writing:
To Granlor' MarkJ and Lisa M. Norris
15140 La Manda Drive,
Poway, C4,92064
To Grantee: Cityo,f P~"Yay
13325 Civic Center Drive
Poway, CA 92064
,
With a copy to: Departmentof..Fish and Game
Nat~ral 'Cq,fTlmunity ConservalionPlanning
4949View[idge Avenue
San Diego, CA 92,123
Attn: Terri 'Stewart
The p,arties agree' to accept f~csimile signed documents ana. agree to rely upon such documents as
ifthey'bore original signatures, Each party agrees to provide to the other parties, within seventy-two (72) hours
after transmission ofafacsimile, documents which bear the original signatures,
13, Extinqulshment This Conservation Easement may not be extinguished without the prior writlen
approval of CDFG Once writlen, approval is obtained, this Conser,vation Easement may be extinguished by
Grantor and Grantee by mutual,:writlen agreement upon the reqiJestof:either party only aflerthe requesting party
acquires and records a perpetual ,conserVation easement in the name of Ihe City of Poway at an alternative
location, which provides conservalion values that satisfy the specific mitigation purposes of this Conservation
Easement
14 Amendment This Conservation Easement may be amended by Granlor and Grantee only by
mutual writlen agreement: Any such am,endment shall be consistent with the purposes 'of this Conservation
Easement.. and, except as provided in SeCtion 13, shall not alfectits perpetual duration, Any such amendment
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shall be recorded:in,the official records olSan Diego County: State of California,
15, Recordation, Grantor shall promptly record, this instrument in the official records of San Diego
County, C~lIfornia.and immediateiy, notify the Grantee mici 6DFG through the mailing of a confirmed copy of the
recorded,easemenfo ' ".' ,
16, Generai'Provisions"
,(a) Controllino Law The interpretation and p~rformance of Ihis Conservation Easement
shall be ,governed by the laws of the Slate of California and applicable federai'law
(b) Liberal Construction, Any g!'neral rule of construction 10 the contrary ,notwithstanding,
this Conservation, Easement shall be, lioerally construed In f<lvor of !~e deed to effect'the purpos,es of this
Conservation Easement and the policy an'd purpose of Civil Code Section ,815, et seq, If any provision in this
instrument is found to be ambiguous, 'an interpretation consistent with the purposes of this Conserv~tion
Easement that would render theprovisio~ valid shall be favored over any interpretation that would rencjer it
invalid, "
(c) Severabilitv If, a.court of competenl jurisdiction voids or invalidates on its face any
provision of Ihis Conservation Easement beed, such action shall n6t;affect the, remainder of this Conservation
Easement Deed, If a court of competentjurisdlclion voids or invalldales, the aRplication of any prgvision of this
Conservation Easement Deed to a person or circumstance., such action 'shall nol affecl the application of the
provision 10 other persons or circumstances.
(d) Entire Aoreement This instrument sets forthlhe entire agreement of the parties with
respect to the Conservation Easem-ent and supersedes all prior discussions, negotialions, understandings, or
agreements relating to the Conservation Easement, all of which are merged herein, No aiteration or'variation of
this instrument shall be valid or binding unl~ss contained in an amendment:inaccordan'cewith Section 14
(e) No Forfeiture, 'Nothing contained herein will resuit in a forfeiluie oi ieversion of Grantor's
litle in any respect
(f) Successors, The covenants, terms, condilions, and restrictions of this Conservation
Easement Deed,shall"bebinding upon"and inure to the benefit of, the,parties hereto and,their'respectilie:,personal
representatives., heirs, successors, and a~slgns and shall continue as a servitude running in perpetuity"with the
Property These covenanls hereunder benefitting Grantee shall also benefit CDFG
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(g) Termination of Riohts and Oblloations, A party's righls and obiigalions under this
Conservation Easement,shall terminate,only upon transfer of the partY's interesl'in the,Conservation Easement or
Property, excepl that liability for acts or omissions occurring prior to transfer shall survive transfer
(h) Captions, Thecaptionsdn Ihis instrument have'been inserted solely for convenience at
refeienceand are nol a part ofthis instrum~nt and shall have iio effect. upon itsconstructi6n or'interpretation,
(i) Counterparts, Th'e parties may execute this instrument in Iwo or more coOnterparts,
which,shall, Iii !lie aggr8g8le, be signed.by Grantor and Grantee; each counterpart shall be deemed ,an original
inslrument as againslany party ,who has signed it In Ihe event ,of any disparity between the counterparts
produced, Ihe recorded coiJnteqiart shall be controlling, '
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(j) Modification, This Easement is not 'subject to modification or amendment except In
writing and signed by Graritor, Grantee and CDFG or their permitted successors or assigns,
(k) Exhibits, All Exhibits referred to in this Easement are attached and incorporated herein
by reference,
(I) Federal or State Appropriations. The duty of thei City of Poway and CDFG to carry out
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their respective o,bUgatioD,s under this Easemenlshall be:subject,tolhe availability of appropriate funds,
(m) 'Effective Date, This Easement shall be effective upon recording with the San Diego
County Recorder's,<:>ffice, IN'\lYITNESS1;tiEREOF, Grantor and Grantee have entered into Ihis Conservation Easemenl the day
;and,year first above'written,
GRANTORS:
Property owners of 15140 Manda'Drive, P
"
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isa, , Norris /
15140 La Manda Drive, I
Poway, CA 92064
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CALIFORNIA' AI;L~~PURPOSE ACKNOWLEDGMENT
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I' Slate of California } ss I
" 6~^"- 0.'42~-o "
" County of
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On j':e. b. 2- C, ZD6:2,..before me, I lLG'
" ~,
Date
, personally appeared )1\(1/-1 Ie -3 A.IMv,'<; ,
I' l')it "
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I ~erSOnallYknOWn tome
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I roved to me on the basis of satisfactory
I' vidence
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I J'" ... .. ~ .. '" .. t . t"l-"..t...~... ... L"'_~-Jl' to be the person(s) whose name(s) is/G)
, ~ NANCY RIJNHOLT , subscribed to the within instrument and
:!: ,J. , '. COMM. #1271862 m acknowledged to me that he/~~executed
, 1/1. Notary Public,C.Uforni. 1/1
I W ' , , " SAN DIEGO COUNTY' ::;: the same in hislherlt ir authorized 1
( J? ~.. ~ T T. TM~~.T~P~~~.~4:2~.. f capacity(ies), and that by his/her~ ,
" signature(s) on the instrument the person( ., or "
, the entity upon behalf of which the person(s) ,
, acted, executed Ihe instrument 'I
,
,
"
I' ,
, ,
, Place Notary Seal Above I
, ,I
, OPTIONAL ,I
I Though the 'information below is not.required by law. it mey prove valuable"ra persons relying on the document "
I and could prevent fraudulent removal and reattachment of this form to another document. ,
"
, Description of Attached Document 61 ..<"pAACD" k D-e.oA
, Title or Type of Document: (1.&.,A ~ V iJ.~ ~
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, Document Date: [>2. 2. - 02- Number of Pages: to "
I
I, Signer(s) Other Than Named Above: ----.1lfu.A Q
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual .
Top of thumb here
o Corporate Officer - Title(s):
" o Partner ~ 0 Limited 0 General
, o Attorney in Fact I
" o Trustee "
, D Guardian or Conservator
D Other:
,
, Signer Is Representing:
, I
" "
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@1997NationalNotaryAsS0ciation 9350 De SotoAve" P.O. Box 2402 Chatsworth, CA 91313:2402 Prod. No. 5907 Reorder: Call Toll Free 1-800-876-6827
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CERTIFICATE OF.ACCEPTANCE
Thisds to Cert~th~flhe interest in:real property conveyed,byithe,Conser\iation Easement by Mark J and
LisaM"Norris dated' eb;JD. JlPd.-to the' City of Poway, Grantee, and to the California Department of Fish and
Gamel" cW a third party beneficiary, a governmentai agency (under Government Code Section 27281), is hereby
accepted bythe,'undersigned officer on' behalf-of, City Council pursu'ant,to.,authority conferred ,by 'Resolution No.
34 adoptedon'January20,1981, and the Grantee consents 16 Recordation thereof by its duly authorized officer
GRANTEE,
City of Poway
BY~OJ11D()~
errle D. Worrell, Deputy Clty Clerk
Title: Lori Anne Peoples.Citv Clerk
Authorized REi'presentative
Date: n{Md ;J\ . ~OO ':\
Approved as to Form:
~Sd~
ANN, S, MALCOLM, Deputy General Counsel
CA DEPARTMENT OF FISH AND GAME
Approved as to Form:
Office of the Cily Attorney
~&#~
STEPHEIIJ M. Ec:;KIS; City Attorney
CITY OF POWAY
8
,- APN 321c260c02, 03; 0<1,. EXHII)IT A .'
OPEN SPACE EASEMENT DESCRIPTION
THE'SOU'fHEIU:Y 29U6FEEcT OF THE EAST 400 OOI;EET OF THE WEST 50000 FEET
OF T~ NpRTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 14, SOUTH, RANGE, WEST, SAN BERNARpINO BASE AND:MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL
PLAT THEREOF
EXCEPTING THEREFROM THE SOUTH 880 00 FEET THEREOF ALSO EXCEPTING
THEREFROM THE NORTHERLY 3000 FEET OF SAID EAST 40000 FEET 0F SAID
WEST 50000 FEET AND THESQUTHERLY 3000 OF SAID SOUTHERLY 29U6FEET
01-66
@ EXHIBIT PLAT
W1/16 COR
1409.47'
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30' >-l
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I @ o INDICATES MITIGATION LAND DEDICATED
TO THE CITY OF POWAY ET AL AS A I
I CONDITION OF APPROVAL FOR G 1307-01 0
TOTAL DEDICATION AREA~ 2.40 ACRES " 0
<0 ;;;/ OJ
"! I CD
0 0 <0
- :::1 N
n
~ I 0
0 @ INDICATES BALANCE OF PROPERTY AVAILABLE I
I 0 FOR MITIGATION LAND
0
ci TOTAL AVAILABLE=l DO ACRE !
co
I co @EXISTING EASEMENT FOR INGRESS AND
"i ~
I EGRESS
I NOT TO SCALE ~ INDICATES AREA DEDICATED
I
I I
,~ 1360,22'
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N88"38'41 'w