Loading...
Conservation Easement Deed 2008-0470436 ( l ~-"- -. D~# /2008-0470436 1111\\\1 IIII 111\\ 111111111\ IIIII 11111 III1I 11111 11111 11m I1III 111\ \111 \ I RECORDING REQUESTED BY. SEP 03, 2008 1 '04 PM I OFFIU,o,L RECOFI[", CITY OF POWAY '",oN ["EI~O COUNT, RECORl'EFI", OFFICE F0 CiREI;OR'1 ,I, '3t,,.lITH rnUt'H'1 RECUR[IEFi FEE'" O,DD WHEN RECORDED MAIL TO: OC, Np !b~ PAGES: 16 CITY CLERK fjF CITY OF POWAY 111111111111111111111111111111111111111111111111111111111111I1111111111111111111 octOtt POBOX 789 POWAY CA 92074.0789 \ ~Y1 APN: 278-210-31 Space Above Unefor Recorder's Use Only PROJECT NUMBER: MDRA 98-61 This Conservation Easement is being grantedand recorded to replace, correct and amend the Conservation Easement Deed recorded on January 5, 2000, as Document No. 2000-0004730 of Official Records, CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSERVA nON EASEMENT DEED is made this 2 (P..;{day Of!/tt;/lSl2008, by the Meyer George R Family 2004 Trust 03-10-04, George Robert Meyer, Trustee ("Grantor"), in favor of 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 City of Poway; County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated by this reference (the "Property"), B The Property possesses wildlife and habitat values (collectively, "conservation values") of great importance to the Grantee, the people of the City of Poway, the people of the State of California, and the people of the United States, C The Property provides in Conservation Easement Deed 2000-0004730, 0.03 acres of Ruderal and 1 63 acres of Northern Mixed Chaparral for a total of 1.66 acres. Of the 1 66 acres, 0,82 acres of Northern Mixed Chaparral habitat will be removed to create a 135-foot-wide defensible'fire buffer space around the existing single-family home, Conservation of this property, therefore, will preserve habitat of a protected species, D The City of Poway is authorized to hold conservation 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 Civil,Code Section 815.3(b), E. The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to CDFG 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 (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which th,?y depend under the Endangered Species Act, 16 U S.C Section 1531 et seq. (ESA), the Fish andWildlife Coordination Act, 16 U S C Sections 661-666c and other applicable laws. Dg-{)gq -'" . . Conservation Easernent Deed Page 2 G, This Conservation Easement provides' protection for 1.66 acres of land that contains 0 3 acres of Ruderal and 0 163 acres of Northern Mixed Chaparral habitat that includes the 1 1 mitigation ratio replacement of 0.82 acres Northern Mixed Chaparral habitat lost to the fire buffer space and located within the City of PowaisSubarea 'Habitat Conservation Plan/NCCP Focused Planning Area, H, Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to'protect in perpetuity the conservation values of the property in accordance with the terms of this Conservation Easement for the 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 Section 815, et seq" Grantor hereby voluntarily deeds and conveys to ,Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement"), 1 Purpose, The purpose of this Conservation Easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use ofthe Property that will materially impair or interfere with the conservation values 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 preservation and enhancement()f native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Riqhts of Grantee. To accomplish 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 onhe Property in accordance' with' th is' easement; (b) To enter upon ,the property at reasonable times in order to monitor Grantor's compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's obligation to manage the property consistent.with Grantor's duties as set forth in Section 4, and for scientific research and interpretive purposes by Grantee or its designees; and CDFG and its designees. (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, ,failure to act, or any useJhat is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and sustain the biological resources of the Property; and (e) 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 of this Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and third parties, are ex!)ressly prohibited unless specifically provided for through the Poway Subarea Habitat Conservation Plan/NCCP (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; " . . Conservation EasementDeed Page 3 (b) Use;of off-road vehicles; except vehicles used for property maintenance required by the City of Poway, and:then orly over existing roads; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erection of any building, billboard, or sign; (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (I) Otherwise altering the general topography of the Property, including building of roads or changing the grade of the Property; (g) Removing; destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for (1) firebreaks, (2) maintenance of existing foot 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 Grantor'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 addition, Grantor shall undertake all necessary actions to protect.Grantee's rights under Section 2 of this Conservation Easement. Grantor further covenants that maintenance of the Property, to wit clean up of all trash and debris, shall be the Grantor's responsibility 5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or 10 permit or invite others to engage in all uses of the Property that are consistent with the purposes;of this,Conservation Easement. 6, Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing corrective action sufficient to cure the violation, Grantee shall also notify the California Department of Fish and Game, If Grantor fails to cure the violation within thirty (30) days after receipt of said written notice and demand from Grantee, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this. Conservation Easement, to recov,er any damages to which Grantee may be'entitled for violation by Grantor'ofthe terms of this Conservation Easement, to enjoin the violation, ex parte as nec,essary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury Without limiting Grantor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property If Grantee, in its sole discretion, determines that.circumstances require immediate action to prevent or mitigate significant.damage to the conservation values of the Property, Grantee may pursue its remedies under ttiisparagraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's tights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any violation of the terms of'this Conservation Easement is the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief 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 damages or the inadequacy of otherwise available legal remedies, Grantee's remedies described in this section shall'be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive, . . Conservation EasemeritOeed Page 4 If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes' inconsistent with this Conservation Easemen't; notwithstanding Civil Code Section 815,7, the California Attorney- General or third-party entities organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (CDFG)as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of the 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 restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easement shall be borne by Grantor 6.2. Grantee's, Discretion, Enforcement of the terms of this Conservation Easement by Grantee or CDFG shall be at the discretion of Grantee and CDFG: and any 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 subsequent breach. of the same or any other term of this Conservation Easement or of any of the Grantee's rights under this Conservation Easement. No delay or omission 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 Bevond Grantor's Control. Nothing contained in this Conservation Easement by Grantee shall be at the discretion of Grantee and CDFG to bring any a"tion against Grantor for any injury or change in the Property resulting from causes beyond Grantor's control, including, fire, fiood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the PropertY resulting from such causes. 6.4 Department of Fish and Game Rioht of Enforcement. All rights and remed.ies conveyed to Grantee under thisC6nser:vation Easement Deed shall extend to and are enforceable by 'the Department of Fish,and Game or USFWS 6,5. Fence Installation and Maintenance, Grantor shall install and maintain a fence between the approved developmenrarea of the parcel and the Conservation Easement Deed area to protect in perpetuity the conservation values and function of the Property The type of fencing shall also include posts and signage, The Grantor shall obtain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their installation. 7 Propertv Manaoement and Maintenance, Grantor and its successors shall maintain the Property in accordance with the terms and conditions as set forth herein, 8. Access, This Conservation Easement does not convey a general right of access to the public; however, after receiving approval from Grantor, not to be unreasonably 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 9 Costs and Liabilities, Grantor retains all responsibilities and shall bear all costs and liabilities of any kind inclu<!ing transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Property 9 1 Taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed 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 payment upon request. .' . . Conservation Easement'Deed Page 5 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; :succ€!ssorsand assigns (collectively "Indemnified Parties") from and against all liabilities, penalties, co~ts, losses, 'd,amages; expenses, causes of action, ciaims, demands, or judgments, including 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 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 administration of this Conservation Easement. 93, Condemnation, The purposes ofthe Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240 680 notwithstanding Code of Civil Proce,dure Sections 1240.690 and 1240.700. 10, Assiqnment. This Conservation Easement may not be transferred, assigned, or extinguished withouUhe prior written approval of CDFG, Grantee may assign its rights and obligations under this 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 the 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 (he intent to transfer any interest at least forty-five (45) days' prior to the date of such transfer Grantee shall have the right to 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 faiiure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way Grantor shall not grant additional easements or oiher'interests in the property without the prior written authorization of Grantee'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 the persons set 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 may from time to time specify to the other parties in writing: To Grantor' George Robert Meyer POBox 722592 San Diego, CA 92172-2592 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 documents as if they bore original signatures, Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile, documents that bear the original signatures. . . Conservation EasementDeed Page 6 13, Amendment J'his Conservation Easement may be amended by Grantor and Grantee only by mutual written' agree[11erii' aPRroved in writing by CDFG Any such amendment shall be consistent with the purposes of this. Conseryation Easement and, shall not affect its perpetual duration, Any such amendment shall be recorded'in the official records of San Diego County, State of California, 14 Recordation, Gran,tor shall promptly record this instrument in the official records of San Diego Courity, California and immediately notify the Grantee and CDFG through the mailing of a confirmed copy of the recorded easement. 15, General Provisions, (a) Controllinq 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 of this Conservation Easement and the policy and purpose otCivil Code Section 815, et seq, If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severabilitv' Ita court of competent jurisdiction voids or invalidates on its f<lceany provision of this Conservation Easement Deed, such action shall not affect the rema,inder of this Conservation Easement Deed, Ifa':court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Aqreement. This instrument setsforth the ~ntire agreement of the'Rarties 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 wiil result in a forfeiture or reversion of Grantor's title in any respect. (I) 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 respective 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 Riqhts and Obliqations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation Easement or Property, except that 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 or their permitted successors or assigns. . . 'Conservation EasementDeed 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 and CDFG to carry out their respective obligations under this Easement shall be subject to 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: Meyer George R. Family 2004 Trust 03-10-04 .tIff' Rob," Me,"" 'rop,", Ow,", By: ' fiht.;:\ ~ l?w~flr Gorge Robert Meyer, Trustee Approved as to Form: Office of the City Attorney By' ~L, ~/Cu\ Lisa Foster, City Attorney x M:\planning~I\BCE Geo Meyer (2),docx . . CALlFORNIA..ALl.IPURPOSE ACKNOWLEDGMENT ~=- . -'t>~'="'~~~~~.Bb~~~~~~~~~~~ state. of California } County of San Diego On ;Jut!1116rJIt ~tJJ' before me, Phyllis Shinn, Notary Public , personally. ap~:'a;ed 9 EO ,e6 [ Ro.g'f:'f2:1 ;11 cY;~' Nam, oed T,tI, ollhe Office< Name(s) oISigner(s) who proved 10 me'on the basis of satisfactory evidence to be the person~ whose name\Sl.is/,,*-subscribed to the within instrument and acknowledged to me that J&- -- - -.- - -.. -.- ~ - - - he/Sjie/t* executed the. same in hisJ~/t~authorized PHYUIUHINN capaclty(Ill!,}, and that b hlS/t)'erJtMiLslgnatureoQ on the ."a=m=.tI'77."" I instrument the person~ or the entity upon. behalf of , ..;n Dlego-~fomla , which the person\l!l...acted, executed the instrument J. . - . . Jr~~iauJ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Place Nolary Seal Above OPTIONAL Though the inform~lion belqw is not required qy law, it may prove va!uable to persons relying on the document and could prevent fraudulent'removal and reattachment, of this form to anolherdocument. Description of Attached Document Title or Type ot Document: Document Date: Number ot Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual 0 Individual o Corporate Officer - Title(s): 0 Corporate Olficer - Title(s): o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General o Attorney in Fact . 0 Attorney in Fact . o Trustee Top althumb here 0 Trustee Top of thumb here o Guardian,or Conservator 0 Guardian or Conservator o Other' 0 Other' Signer Is Representing: Signer Is Representing: ~~~~~~~~~~~~~~~~~ @2007 National Notary Association. 9350 De Solo 'Ave., P.o. Bo)( 2402. Chatsworth, CA 9'1313-2402. ,Wvw,NationaINolary.org Ilem #5907 Reorder: Call Toll-Free1-800.876-6827 . . CERTIFICATE OF ACCEPTANCE Th,is is to certify that the interest in real property conveyed by the Conservation Easement Deed by the Meyer George R. Family 2004 Trust 03-10-04, George Robert Meyer, Trustee, Grantor dated: August 26, 2008 to the City of Poway, Grantee, .and to the California Department of Fish and Game, as a third party beneficiary, a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City of Poway, pursuant to authority conferred by'Resolution No 34 adopted on January 20; 1981 and the grantee consents to recordation thereof by its duly authorized officer Dated' August 28, 2008 CITY OF POWAY Seal: By' C!J ltn~odL L. Diane Shea, Interim City Clerk . . EXHIBIT 'A' CONSERV ATTON EASEMENT PORTIONS OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACORDING TO THE RECORD OF SURVEY MAP NO 8299 RECORDED mL Y 27, 1978 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE AS FILE NO 78-316312 DESCRIBED AS FOLLOWS PARCELl BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 34, THENCE ALONG THE WEST LINE OF SAID SECTION 34, NORTH 00003'29" WEST, 122,01 FEET, THENCE LEAVING SAID WEST LINE SOUTH 41035'19" EAST, 70 80 FEET, THENCE SOUTH 64044'00" EAST, 67,66 FEET, THENCE SOUTH 89059'53" EAST, 52.90 FEET, THENCE NORTH 53058'11" EAST, 75 01 FEET TO A POINT ON THE BEGINNING OF A 1,690.85 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING 15 00 FEET NORTHWEST OF AND CONCENTRIC TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 67, SAID POINT BEARS NORTH 53056'40" WEST FROM THE CENTER OF SAID CURVE, THENCE SOUTHWESTERLY ALONGSAIDCURVE THROUGH AN ANGLE OF 3030'30", A DISTANCE OF 103.53 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 34, THENCE ALONG SAID SOUTH LINE NORTH 89041 '30" WEST 162,79 FEET TO THE POINT OF BEGINNING, TOTAL AREA IS 0.26 ACRES, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, THENCE ALONG THE SOUTH LINE OF SAID SECTION 34 SOUTH 89041 '30" EAST 162.79 FEET TO A POINT ON THE BEGINNING OF A 1,690.85 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING 15 00 FEET NORTHWEST OF AND CONCENTRIC TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 67, SAID POINT BEARS NORTH 57007'10" WEST FROM THE CENTER OF SAID CURVE, THENCE NORTHEASTERL'y ALONG SAID CURVE THROUGH AN ANGLE OF 13012'11", A DISTANCE OF 389 64 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID CURVE THROUGH AN ANGLE OF 3058' 14", A DISTANCE OF 117 17 FEET TO A POINT OF INTERSECTION TO THE BEGINNING A 16600 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEARS SOUTH 31042'14" WEST FROM THE CENTER OF SAID CURVE, THENCE NORTHWESTERLY ALONG 1 OF 3 . . SAID CURVE THROUGH AN ANGLE OF 25037'07", A DISTANCE OF 74.22 FEET, THENCE NORTH 33026'34" WEST, 49.35 FEET, THENCE NORTH 35009' 19" WEST, 2743 FEET, THENCE NORTH 35023'48" WEST, 50 71 FEET, THENCE NORTH 3T29'47" WEST, 43.38 FEET, THENCE SOUTH 60016'19" WEST, 28.72 FEET, THENCE SOUTH 54031 '02" WEST, 28.53 FEET, THENCE SOUTH 47023'43" WEST, 21.86 FEET, THENCE SOUTH 43022'27" WEST, 36 17 FEET TO A POINT ON THE BEGINNING OF A 13500 FOOT RADIUS CURVE CONCAVE SOUTHWESTERL Y, SAID POINT BEARS NORTH 21007'17" EAST FROM THE CENTER OF SAID CURVE, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 24044'05", A DIST ANCE OF 58.28 FEET TO A POINT OF INTERSECTION TO THE BEGINNING OF A 135 OO'FOOT RADIUS CURVE CONCA VE SOUTHWESTERLY, SAID POrNT BEARS NORTH I T16' 19" EAST FROM THE CENTER OF SAID CURVE, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 47010'23", A DISTANCE OF III 15 FEET, THENCE SOUTH 25033'19" EAST, 2500 FEET TO THE BEGINNING OF A 13500 FOOT RADIUS TANGENT CURVE CONCA VEWESTERL Y, THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 31029'50" A DISTANCE OF 99.94 FEET TO THE TRUE POfNT OF BEGINNING. TOTAL AREA IS 048 ACRE, MORE OR LESS. PARCEL 3 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, THENCE NORTH ALONG THE WESTERLY LINE OF SAID SECTION NORTH 00003'29" WEST, 389 66 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00003'29" WEST, 98.47 FEET TO THE SOUTHWEST CORNER OF THAT BIOLOGICAL CONSERV ATlON EASEMENT, RECORDED ON JANUARY 27, 2000, AS FILE NO 2000-0004.1546 OF OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO RECORDER'S OFFICE, THENCE ALONG THE SOUTH LINE OF SAID BIOLOGICAL CONSERVATION EASEMENT SOUTH 89032'13" EAST, 107.14 FEET TO THE SOUTHEAST CORNER OF SAID EASEMENT, THENCE SOUTH 89032'13" EAST, 2.08 FEET, THENCE SOUTH 00004 '21" EAST, 7 66 FEET TO THE BEGINNING OF A 135 00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, SAID POINT BEARS NORTH 16040'10" WEST FROM THE CENTER OF SAID CURVE, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 9003'1 T' A DISTANCE OF 21.33 FEET, THENCE SOUTH 64016'33" WEST, 25 04 FEET TO THE BEGINNING OFA 135 00 FOOT RADIUS TANGENT CURVE CONCAVE SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 42024'53" A DISTANCE OF 99 94 FEET TO THE TURE POINT OF BEGINNING TOTAL AREA IS 0 10 ACRES, MORE OR LESS 2 OF 3 . . PARCEL 4 BEGINNING AT THE SOUTHWEST CORNER OF THAT CONSERVATION EASEMENT DEDICATED TO THE CITY OF POWAY PER DOCUMENT NO 2004- 0] 75348 RECORDED MARCH 4,2004 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE, THENCE ALONG SOUTH LINE OF SAID EASEMENT NORTH 88038'27" EAST 563 03 FEET TO A POINT ON THE NORTHWEST SIDE LINE OF THAT EQUESTRIAN/ PEDESTRIAN TRAIL EASEMENT DEDICATED TO THE CITY OF POW A Y PER DOCUMENT NO 89-30405 I RECORDED JUNE 9, 1989 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE, THENCE ALONG SAID SIDE LINE SOUTH 35027'23" WEST 83 00 FEET, THENCE LEAVING SAID SIDE LINE SOUTH 88038'27" WEST 5]4 78 FEET TO A POINT ON THE EASTERLY LINE OF THAT BIOLOGIC AL CONSER V A nON EASEMENT DEDICATED TO THE CITY OF POW A Y PER DOCUMENT NO 2000-004] 546 RECORDED JANUARY 27, 2000 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE, THENCE ALONG THE EAST LINE OF SAfDBIOLOGIC AL CONSERV A nON EASEMENT NORTH 00004 '2]" WEST 66.47 FEET TO THE POINT OF BEGINNING, TOTAL AREA IS 0 82 ACRE, MORE OR LESS. 3 OF 3 SHEET 1 OF 4 EXHIBIT 'B' CONSERVATION EASEMENT PLAT I \ \ I LL4 0 0 C'J II , z ~ 0 q w 0 --' ~ q u DD#3 ~ en N 10714' ~ H J-\PN 278-2-J<)-J I OJ -l' Z 0 0 /' q SEE SHEET 4 0 / 0 '*' ~ ~ / N / CD :{ I~/y,~ - / ~ ~ /' 0 I ~ "" N ~\" -l' ,/' -<-" SEE SHEET Y / ~/ LINE DATA ----------------- / L1 N89.41'30"W 18062' / L2. N89.17'18"W 25381' / L3 N54.17'24"E 25000' PARCEL 1// L4 N79.49'34"W 112.41' / L5 N70"23'24"W 31602' L6 N31"29'00"W 35741' N56.47'29"W (R L7 N4T47'24"E 22949' CURVE L8 N35.27'23"E 55343' --~-------------------~--- C1 R= 1675.85' L=560,30. ",-19.09'22" EXISTING EASEMENTS --------------- DD#1 CONSERVATION ESM'T PER F /N 2004-01755348 REC 3-4-2004 DD#2. EQUESTRIAN/ PEDESTRIAN ESM'T PER F /N 2003~0155027 REC 2-11-2003 DD#3 BIOLOGICAL CONSERVATION ESM'T PER WOO734 F/N 2000-00041546 REC ! -27-2000 ., !, SHEET 2 OF 4 EXHIBIT 'B' CONSERVATION EASEMENT PLAT I ~ ~ 10714' ,,~ 00#3 ,<0 ,,~ V , ,,\) ~ ,Ix\) / PARCEL 3 ~ ....'0 ~ 010 ACRES ~ L9 T P O.B. PARCEL 3 - ( I I ,. ~ T,P 0 B, 0 PARCEL 2 ill 0 ill ~ II (J'J , OCI ~ n w -" ~ <>:: u (f) (J'J N I n ~ 0 I b 0 z LINE OATA ----------------- L1 NOO'03'29"W 122.01' L2. N41'35'19"W 7080' P O.B, PARCEL 1 L3 N54'44'00"W 57 55' POC PARCEL 3 L4 N89'59'53"W 52.90' POC PARCEL 2 L5 N53'5B'11 "E 7501' L5 NB9'41'30"W 162.79' L7 NOO'03'29"W 9847' L8 N89'32'13"W 10922' CURVE OATA L9 NOO'04'21 "w 7 66' -------------------~----- L10' N64'16'33"E 2504' C1 R=135 00' L=21 33' 6=9'3'17" C2. R= 13500' L=99 94' 6=42'24'53" C3 R=1690.85' L=10353' 6=3'30'30" EXISTING EASEMENTS --------------- 00#2, EQUESTRIAN/ PEDESTRIAN ESM'T PER DO#3 F /N 2003-0155027 REC 2-11 -2003, BIOLOGICAL CONSERVATION ESM'T PER F /N 2000-00041546 REC 1-27-2000 WOO734 .~ '. SHEET 3 OF 4 EXHIBIT 'B' CONSERVATION EASEMENT PLAT / 0 l{) II / , - w --' / <( u (J) ~~ ,il iJ ,~'\ / ,'\~ (d> ';\')1 3'29"W (R) rJ -I, N54-'O 2 ~"?- / /s- ;.f. ~(j /// LINE DATA CURVE DATA ----------------- -------------------------- L1 N43"22'27"E 36 17' C1 L2. N4T23'43"E 21.56' C2. L3 NS4'31'02"E 28,S3' C3 L4 N60'16'19"E 28,72' C4 LS N3T29'47"W 4338' CS L6 N3S'23'48"W SO 71' L7 N3S'09' 19"W 2743' L8 N33'26'34"W 49.3S' L9' N2S'33'19"W 2S,OO' WOO734 : ~ , " SHEET 4 OF 4 EXHIBIT 'B' CONSERVATION EASEMENT PLAT ~ 0 o o~ ~ PO.B. ~ '=: ,II PARCEL 4 ~ (J1 ~ 563 03' '::J <>: u '<.[) I I --- / () 100_ SEE SHEETS 2 & 3 D#< FOR DEDICATED - EASEMEN;::.S............ ~7'" / I ~'v /' .............................. II" / V.c-cv I ~ I ~ I I I I I I I / "- I G I / ~~ ~ I ~ ~ I ~\~ I / ~~ / ~0 / / / L~NE DATA I ------------~--- I / /L1 NOO'04'21 "w 6647' I I ~ / L2. N35'27'23"E 8300' I / / I CURVE O~A ~ / /11' / R~-'67;8;;;-~560 3"'-;~'9C09:;20- EXISTING EASEMENTS --------------- 00#1 CONSERVATION ESM'T PER F /N 2004-0175348 REC 3-4-2004 00#2. EQUESTRIAN/ PEDESTRIAN ESM'T PER F/N 2003-0155027 REC 2-11~2003 00#3 BIOLOGICAL CONSERVATION ESM'T PER F/N 2000-00041546 REC 1-27-2000 W00734 . . REQUESTTO RECORD DOCUMENTS WITH COUNTY RECORDER Requested By: Development Services Department Request Approved By: Robert J, Manis Print name Type of Document: CONSERVATION EASEMENT DEED If a document is to be recorded against a piece of property, that person is mailed a copy Please provide the following information. Name: George Robert Meyer Address: POBox 722592 San Diego, CA 92172-2592 I" .. " "< .Please!atta'i;'h;'-'ii6~1 "(jii/aaafessecrenviilope . Wove, ,I ";:':, .' Please complete the following information even if it is contained in the recorded document. Parcel No.: 278-210-31 Related Case No.: New property owner of MORA 98-61 [to correct/replace Doc No 2000-0004730] (TTM, TPM, CUP, DR, Grading Permit No., etc.) Location of Property: 15450 Highway 67 Check appropriate boxes Notary certificate attached [8J Yes 0 Not needed Acceptance stamp [8J Yes 0 Not. needed IAcceotance stamo must be on all Easements and Grant Deeds" Check attached 0 Yes [8J Not.needed If it is of benefit to the City, a check is not needed If it is not of benefit, a check made payable to the County Recorder / COur:lty'Clerk must be included The fee is $9.00 for the first page, $3.00 for each page thereafter and $1.00 for the conformed copy Notary certificates qualify as 1 page (If the certificate can be placed over a blank section, it does not count as an extra page) All recorded documents are mailed to the County Recorder from the City Clerk's Office, If a document is to be picked up by a Title Company, (before telling them when they can pick it up) check with the Clerk's Office Title Company: Phone: Contact: Pick-up Time: H:\req.record CED.frm.doc