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Conservation Easement Deed 2008-0317040 -- u \ . . RE~ORDING REQUEStD BY ) , . 00.# 2008-0317040 11111111111111111111111111111111 11111111111111111111111111111111111111 ) CITY OF POWAY ) ) JUN 12, 2008 11 49 AM I==Lp WHEN RECORDED MAIL TO' ) OFFII].~L RECORe,'; 15 I? '-,.".1'1 OIECiO COUI'ITY RECORe'ER'~, OFFICE ) CiREClDR"1 ,I, SMITH C:OUNT'l RECOR[lEF: (J0t'J A CITY CLERK ) FEE';. 0.00 OC t'I,/.:o IC0N CITY OF POWAY ) PAGES: 13 NF POBOX 789 ) POWAY CA 92074 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 ) ) (This space for Recorder's Use Only) This document affects Recorded Document No 2005-0811091 CONSERVATION EASEMENT DEED NO DOCUMENTARY TRANSFER TAX DUE This document is being re-recorded to correct an error in Document No 2005-0811091 recorded September 20, 2005 of official records Document No 2005-0811091 was recorded with an incorrect Assessor's Parcel Number (APN) 277-020-27 The correct Assessor's Parcel Number (APN) is 320-020- 27 I, Shelley Collins, Records Technician, declare under penalty of perjury under the laws of the State of California, that I am familiar with the facts stated in the foregoing Conservation Easement Deed executed for and on its behalf, and that I have read the foregoing Conservation Easement Deed and know the contents thereof to be true and correct. Date. June 5, 2008 ?:JYu ~O ~ Q LAN' Shelley Collins, R ords TechniCian 0'6- OlD--:t- 11084 f{; DC II 2005-0811 091 , 1111111111111111111111111111111111111111111111111111111111111111111111 ~ RECORDING REQUESTED BY: SEP 20, 2005 2:06 PM CITY OF POWAY I~~ OFFIClp.L RECORDS WHEN RECORDED MAIL TO: S./.lN [1\ECirl cnur'JT'I RECOR[IER'S OFFICE GREGOR"I ,I "::MITH CDUr-n'y RECDR[IER CITY CLERK FEE " [1,00 CITY OF POWAY DC. 1'I.t... pc,GE'; 10 POBOX 789 " POWAY CA 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111 ~ APN 277-020-27 :W05..0811091 Project No MDRA 04-07 CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due 2'ih Cl ~ THIS CONSERVATION EASEMENT DEED is made this ~'-j) day of lW~t~ 005, by Nathan C. Cannon and Rachel L. Cannon ("Gr,!ntors") in favor of City of Poway ("Gr ntee"), 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 (c;ollectively, "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 high quality Coastal Sage Scrub. Coastal Sage Scrub is the habitat of the. California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species list. 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 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 (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native .plants and the habitats on which they depend under the Endangered Species Act, 16 US C section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U S.C section 661-666c and other applicable laws. G. The biological impact analysis prepared by RC Biological Consulting, dated May 7, 2004, and the previous "Biological Resources Report for Hempiel Properly, APN 320-020-27, prepared by Robin Church Biological Consulting, dated July 19, 2002, identified impacts to Coastal Sage Scrub (CSS) habitat. Mitigation of impacted habitat will be resolved through the preservation of a biological conservation easement of 0.24 acres. Recordation of a Biological Conservation Easement will ensure preservation of areas set aside for coastal sage scrub habitat. H. Grantor intends to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions 1 eFj-1 GO ii0.RG Conservation Easement Deed Page 2 contained herein in exchange for Grantee permitting Grantor's construction of a single-family residence within Heritage II Estates. I. 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 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 of the 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 of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Riohts 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 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 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 Properly 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 use that 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 (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 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 expressly 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; (b) Use of off-road vehicles; except vehicles used for property maintenance required by the City of Poway, and then only over existing roads. (c) Grazing or surface entry for exploration or extraction of minerals; 2 11~9E Conservation Easement Deed Page 3 (d) Erection of any building, billboard"sign; (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (f) Otherwise altering the general topography of the Property, including building of roads or 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 valwes of the Property In addition, Grantor shall undertake all necessary acti9ns 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 Riohts Grantor reserves to itself, and to .its personal representatives, heirs, successors, and a'ssigns, all rights accruing from its ownership 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 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 thata 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.withirithirty (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 enfor~e the terms of this Conservation Easement, to recoiierany damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, 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 Properly If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent gr mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the.period provided for cure to expire. Grantee's rights wider 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 Easemenl"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 Easeme.nt.ineach 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 10 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, If at'any time in the future Grantor or any subseque.nt transferee uses or threatens to use such lands for purposes inconsistent with this ConservatiCln Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or third-party entitles organized for conservation purposes 3 -# .A~_~ 2:!.~~!' Conservation Easement Deed Page 4 have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor The California Department of Fish and Game (9DFG) 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 CDFGshall be afthediscretion 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 awaiver 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 orCDFG 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 BevondGrantor's Control. Nothing contained in this ConserVation Easement by Grantee shall be at, the discretion of Grantee and CDFG to bring any action against ,Grantor for any injury to 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: remedies conveyed to Grantee under this ConserVation Easement Deed shall extend to and are enforceable by the Department of Fish and Game or USFWS: 7 Metal Fence Stake Installation and Maintenance. In order to identify and demarcate the boundaries of the Conservation Easement Deed area located at 11545 Creek.Road, APN 320-020-27, within ninety days, the Grantor shall install and maintain metal fence stakes (T-s,takes painted white) six (6) feet in height [2 feet below grade and 4 feet exposed above grade) as fOllo",s: A stake shall be installed at the property line at the point of intersection with the easement boundary line and also'installed at intervals of approximately seventy-five (75) feet along the length of the easement boundary line, The purpose of this staking is to identify to the lot owner the boundaries of the conservation easement area, and to protect in perpetuity the conservation values and function of the Property 8. Access. This Conservation Easement Deed does not convey a general right of access to the public. g. Costs .and Liabilities. Grantor retains all responsibilities and shall bear all, costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property 9.1 Taxes, Grantor shall pay before delinquency all taxes, assessm,ents, 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. 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,succ,essofs and assigns (collectively "Indemnified Parties") (rom and against all liabilities, penalties, costs, losses, ,damages, expenses, causes of action, claims, 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 mattenelated to or occurring on or about the Property, regardiess of cause; (2) the obligations specified in Sections 4, g, and 9.1, and (3) the existence or administration of this Conservation Easement. 4 liaiSB c.onservation Easement Deed Page 5 9.3. Condemnation, The purposes of the Conservation Easement are presumed to be the best and most necessaIy public use as defined at Code of Civil Procedure Section 1240 680 notwithsianding Code of Civil Procedure Sections 1240,690 and 1240.700 10. Assionment. This Conservation Easement may not be transferred, assigned, or extinguished without the 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 Subseouent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal ins\rument by which Grantor divests itself of any interesUn all or a portion ofthe Property, including, without limitation, a leasehold interest. Grantor furlher agrees to give written notice to Grantee or the CDFG of the 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 failure of Grantor or Grantee to perform any act provided in this section shall, not impair the validity of this Conservation Easement or IimiUts enforceability in any way Grantor shall not grant additional easements or other 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 postag~.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' Nathan C and Rachel L. Cannon 11545 Creek Road 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 reiy upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-tw6(72) hours after transmission of a facsimile, documents that bear the original signatures. 13. Amendment.. This Conservation Easement may be amended by Grantor and Grantee only by mutual wiitten agreement approved in writing by CDFG. Any such amendment shall be consistent with the purposes of this Conservation 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. 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 copy of the recorded easement. 15. General Provisions. (a) Controllino Law The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California. 5 ..... ...._-"..,... .;: .~~-- ~ - ......----- Conservation Easement Deed Page 6 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this ConserVation Eas'ement shall be liberally construed in favor of the deed to effect the purposes ofthis Conservation Easement and the policy and, 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 Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid (c) Severabilitv If a court of competent jurisdiction 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 person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Aoreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negoiiations, 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 amendmenlin accordance with Section 13 (e) No Forfeiture, Nothing contained herein will result in a forfeiture or reversion of Grantor's title 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 respectivce 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 Riohts 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 count(Jrparts, 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. U) Modification. This Easement is not subject to modification or amendment except in writing'ahasigned' by Grantor, 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) 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. 6 11~qG!i Conservation Easement Deed Page 7 IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and y~ar first above written. GRANTOR: Property Owners /1~ ~ '~~L~ c} ,CtL~n~ ~ By' e By' Nathan C. Cannon Rachel L. Cannon Approved as to Form: Office of the City Attorney Tamara Smith, City Attorney BY'~~ Tam raSmith, City Attorney M:\planning\peggy\mdra2004\mdra04-07 Cannon Creek Rd\BioConservation Easement Deed.doc 7 .fI A ~~_ ~ :l.2.~~:!.. CALlF'QRNIA ALL,PURPOSEACKNOWLEDGMENT ~ State of California. ~ } ss County of >4/1,1 I ! (-~ 0 On 2. 0 OJ --::afore me, -lIlY L U 5 , /#;/1/;1/ ;K'f/lfZy /irsu ~ I L. Name and nUe 01 Officer (€l.g.. ":lam! Doe, Notary Public") personally appeared ;V /1/ J /lI I Name(s)oISign"er(s) o personally known to me I ~proved to me' on the basis of satisfactory vIdence to be the person(~ whose name("l( is/a~ I PHVlUS SHlNW - . , subscribed to the within instrument and _. Comm~~n#14503D4 acknowledged to me that ~/she/ttj:ey executed ! ... Notary Public . Caflfomla _ the sam~. in i\iS/her/th)llr. authorized capacitY(i~, and that by I'#Lher/th~ j' san Diego County t slgnature( on the instrument'the perso~(~,'6r' _ _'_~ ~~m:..e~~~9.:.~7 the entity upon behalf of which the person(~ acted, executed'the instrument. 'J OPTIONAL Though the information below is not required by. law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to 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 Signer's Name: . o Individual Tope/thumb here o Corporate'Officer - Title(s): o Partner - 0 Limited 0 General o Attorney.in'Fact o Trustee D Guardian or Conservator o Other: Signer Is Representing: e 1m Na~orial Notary AssoCIa~QI1 "9350 De Solo Ave" P.O. 60~ 2402' Chalswcrth, CA 91313.241)2 . www.nalionilin.otary.org Prod.NJ:5907 R90rder:CaIlTrnl.Free1..8O()876..(i827 ... >l!__""_ :l. J.. ~~:r:::J";:; CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ I State of California, j } ss <' / County of d~7,;V / (7; u - ---- J Jh I ! on~/?!?EJ<.. ? ;"~(jLVbeforeme, ,/IIYUIC, !Il,A/,iJ /t~I-r:.p;:.r,.;ue{(C- Date ;0; 17/ /f' /Y ~ t:9 ;;;;:1~:C6? '"Jane Doe. Nota~ Public I personally appeared C Name(s)otSigner(s) ~rSOnallY known to me - roved to me on the basis of satisfactory evidence to be the person(\4 whose narne(~ is/a~ subscribed to the within instrument and acknowledged to.me fhat he/sR6lt~ executed 1 . PHVlUS SIjINN . fhe same. in his/h)(!lthli4 authorized j;'. .. . commlsston:#1450304 capacitY(i~ and that by his/h)lr/the'l( , \\~..' Notary PubIc.. CalItomla sfgn~ture'( 'on the instrument the person(;tl or \ ' . San Die90 County - the entity upon behalf of which the personC<<- i _ ~_~v:~m:.~~~~~7t acted, executed the instrument WIT~;Yh~n!1 and officiajlie11 =:J . L \ /, i ' . '..Q .->1'/1..-,(/11/ SignatlJreofNota~Pubhc --./ OPTIONAL Though the information below is not required by law,'il may prove valuable to persons relying 0(1 the document and could prevent fraudulent removal and reattachment of this form to another document. Descripiion of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(sl Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . O' Individual Top ol thumb here o Corporate Officer - litle( s): o P~itl1er - 0 Limited 0 General o Attomey-in'Fact I o Trustee o Guardian or.Conservator o Other. Signer Is Representing: I c t999 National Nota~ Association. 9350 ()(; SOtoAve., P.O. Box 2402' Chatsworth. CA91313-2402' WIW,'.n~I;o.nalnola!y.org Prod. No 5907 Aeorder.CafITolI-Freel.ooo-B76-6827 .......--- ::".2~~~~ Conservation. Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conve~ed by the Conservation Easement by Nathan C Cannon and Rachel L. Cannon, dated Augus t 3 " 2005 to the City of Poway, Grantee, and to the California Department of Fish.and Game, as a third parly beneficiary, a governmental agency (under Government Code Section 27281), is' hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of poway on January 20, 1981 GRANTEE. :~:X~~ Title: L. Diane Shea. City Clerk Authorized Representative Date: September 12, 2005 8 ->l! 4i!...""".~=!i :l,~~::;!~ Exhibit "A" All that certain real property situated in the County of San Diego, State of California, Described as'follows: That portion of the Vl(est Half of the Northeast Quarter of Section 26, Township 14 South, Range 2 West, San BernardinoBase and Meridian, in the County of San Diego, State of California, according to the United States Government Survey described as follows: Commencing at the North Quarter corner of said Section 26; Thence along the North-South center I.ine of said Section 26, South 00' 40' 23" East, 729.23 feet to the centerline of Creek Road as shown on Record of SurveY'MapNo. 5924, filed in the Office oflhe County Recorder of San Diego County, August 7, 1961, Thence along said centerline South 65' 16' 07" East, 23.85 feet to the beginning of a tangent 573.51 foot radius curve therein; Thence Southeasterly along said curve through a central angle of 23' 04' 00" a distance of 230.89 feet; Thence tangent to said curve South 42' 12' 07" East, 784.27 feet to the' Point of Beginning; Thence Easterly along the Northerly boundary thereof North 47' 47' 53" East, 30,00 feet to the Northeasterly line of said Creek Road; Thence Easterly, along said Northerly boundary North 89'41' 24" East, 540.70 feet to the Easterly line of the Northwest Quarter,of the NortheastQuarter of said Section 29; Thence alqng, said Easterly Line South O()' 31' 02" East, 943.33 feet to the Northerly line of the land described.in Lis Pendens in Case No. 162, District Court of the United States, in and for the Southerly District of Califomia, Southerly Division, recorded April 14, 1942 'in Book 1328, Page 475 of Official Records; Thence along said'Northerly line North 72' 32' 11" West, 56.52 feet to the center line of said Creek Road; Thence along said center line as follows: North 01' 44' 29" West, 267.02 feet to the beginning of a tangent 200.00 foot radius curve concave Southwesterly; Norlhwesterlyalong the.arcofsaid'curve through a central angle of 40' 27' 38" a distance of 141.23 feet; and tangentto said curve North 42' 12' 07" West, 681.24 feetto the Point of Beginning BioloQical Conservation Easement Beginning-at'lhePointOf Beginning (POB); Thence Easterly along said Northerly boundary according to Rei:ord;'of Survey Map,No. 11474 North 47' 32' 19" East,,30:00 feet to the Northeasterly line of said Creek Road; Thenpe Easterly along said Northerly boundary North 89'25: 50" East, 542.82 feet to said Easterly line of the Northwest Quarter of the NortheastQuarter of said Section 29 and the True Point of Beginning (TPOB); Thence retracing South 89'25'50" West, 22.00 feet to a point in a line parallel with and 22.00 feet Westerly measured at right angles to said Easterly line of the Northwest Quarler of the Northeast Quarler; Thence leaving said N6rtherlyboundary South 00'41 '44' East 477.02 feet along said parallel line; Thence North 89'18'16" East, 22:00 feet said Easterly line; Thence Northerly along said Easter!y.~ne North 00'41'44" West 476.g8feet; to the TPOB ~'i) \.N.>jD 80, An area of approximately 0.24 acres ~ :\\)I'HERN.l~ ~<, "G! ;tl '" ___CII'~ :t -1: ~,q--: _.___....;.....'~'c.~-__. WlI - - ~ --, lIII__________...... - ro.=:=.nalll~~..=_r:::_-==-o:.........=... EXHIBIT. "sn ------- (N4r4T53"E PER GO) I N 4 r32'19" E 30.00' APN 320-020-28 I N 89"25'50" E 542.82' (N8go41:24"E 540.70' PER GD) _ PROPERTY LINE _ _ T.P.O.B. PO,B. BIOLOGICAL ~<~~R~ CONSE~VATION '\ EASEMENT s:l 1- '\ " APN 320-020-27 10,494 sq,<<. "/ ~"~" ,,~.,,~,,~ W 0.24 acres ,,"'-"~ ?; ~? ~ / _......"." 'ip, ~ ' , ~ / 11S70CRE~KRo..o ~ " (.oJ ........ 0::: / ~<9>--' . H: 7'~ ~ [ ~ / ~, " ' / .....~ 7 '\ f... a ""'k,%'" "'0 ~ ~ ~ '~'_~ ~ 6 '\ -Y Q) '" ~ ro ~'\ w z .....~, . ~ APH dO-02o-.t1 11550 ~o..Q2. ..q <t: / "~""~ '",".:::.:: ~~" ~ / "- , '1>." :;;: / "'- ' ,,00 '\ g '" '" '~ L2rJl "- , '- I APtlfl:l!lr'02o-n' ....-.. "."'~""O~ ~~ I ~ , . \ \ w // L=14143- , a. R=200.00 \ (") / 6=40"31'05" 1 I ~ T=73.82 \.... (L=141.23' PER GO) I Q) Scale 1" = 120'-0" (6=40"21'38") I ~ LEGEND I ~ .... . I Ig GD = GRANT DEED (N01"44'29"W 267.02' PER GD)lI \ I ~ N 01"56'36" W 266.44' LINE TABLE LINE LENGTH. BEARING I L1 . 476.98. NOO"41'44"W __ I \ I L222:00 N89"18'16"E -- ________ I L3 477.02 SOO"41'44"E -- -- \ . I L4 22.00 S89"25'50"W (N72"32'11 "w 56.52' PER GD) 81212L12R N 72"40'40" W 5651' C4Nyo . 'NRo . E G Cannon Residence . .NGINEERIN Plat Ma SHEET . CONSULTING . 11545 Creek Road 1 GROUP ms. -rIDlS"""ZOZSol.<ll.!l<ach.c.Jifumi.9lO7S ,-' '. N~~41l1' . "'a58.259.5732 '"'-<<tI"<t.<Orn Poway, CA 92064 Of , SHEETS