Conservation Easement Deed 2008-0217256
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. I 001 .2008-021 7266
, - ; 11111111111111111 IHlIUlllllnll1 11111111111111'1111111111111111111
8544 APR 23,2008 3'30 PM
RECORDING REQUESTED BY: IJFFI[I.~L FiE[[IRDS
CITY OF POWAY S,w,NCilEGU LOUtH'1 FiEr:IlR[IER":1 DFFICE
I~FiEGIJR'( ,I SMITH I:IJUNT, RECORDER
FEE'" 0.00
WHEN RECORDED MAIL TO' DC Np
f[J CITY CLERK PAGES: 14
/Yf CITY OF POWAY 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POBOX 789
I~Y) POWAY CA 92074-0789
NF APN: 277-220-35 Space Above Line for Recorder's Use Only
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PROJECT NUMBER: MDRA 04-84R
This Conservation Easement Deed is being granted and recorded to replace, correct and
amend the Conservation Easement Deed recorded on February 15, 2005, as Document No.
2005-0125623 on file in the Office of the County Recorder of San Diego County.
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSER VA nON EASEMENT DEED is made this 1'1 day of -Al"R. L , 2008, by
Christopher J Coseo and Brenda M, Coseo, Trustees of the Coseo Family Trust, dated October 16, 2002,
("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 "A1" and Exhibit "B1" 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 high quality Diegan coastal sage scrub, which is a valuable habitat
per the poway Subarea Habitat Conservation Plan. Conservation of this property therefore will preserve
valuable habitat
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 thElY depend under the Endangered Species Act, 16 US C Section 1531 et seq.
(ESA), the Fish and Wildlife Coordination Act, 16 U S C Sections 661-666c and other applicable laws.
G. The Biological Resources Analysis prepared by P&D Environmental, dated January 2000,
for subdivision TIM 98-02, "Heritage II Estates Biological Technical Report", identified impacts to Coastal
~~QSl\
.'
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Conservation Easernent Deed 8545
Page 2
Sage Scrub (CSS) habitat Mitigation of impacted habitat was resolved as part of the Final Environmental
Impact Report, Sch, No 98091083, through the preservation cif Open Space Easements on each parcel
throughout the subdivision. Open space areas were identified on Map No 14388, filed in the Office of the
County Recorder of San Diego County, California, on May 8, 2002, file number 2002-0391382 and as
amended by a Certificate of Correction filed in the office of the County Recorder of San Diego County,
California, on March 21, 2008, file number 2008-0152238, Recordation of Biological Conservation
Easements 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
contained herein in exchange for Grantee permitting Grantor's removal of Diegan coastal sage scrub This is
a mitigation measure for such removal of Diegan coastal sage scrub,
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 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 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 ofthiseasement 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 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 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
(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
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8546
Conservation Easement Deed
Page 3
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 Plim/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 th is 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,
(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 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.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 recover any 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 V(ithout 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 this paragraph without prior notice to Grantor or without waiting for the period provided for
. . 8547
Conservation Easement Deed
Page 4
cure to expire, Grantee's. rights 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.
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 Easement,. 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 Eas~men! 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 Cqnservation 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 action against Grantor for any injury
or change in the Property resulting from causes 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 resulting from such causes.
6.4 Department of Fish and Game Riqht of Enforcement All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department ofFish and Game or USFWS,
6,5, Fence Installation and Maintenance, Grantor shall install and maintain a fence
between the approved development.area ofthe 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 Property Manaqement 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
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Conservation Easement Deed
Page 5
9 Costs and Liabilities, Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind including 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 Hie 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.
9,2, Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG a.nd its members, directors, officers, employees, agents, contractors, and their heirs,and
representatives, successors and assigns (collectively "Indemnified Parties") from 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 anyway 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.
9,3 Condemnation, The purposes of the 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 Procedure Sections 1240.690 and 1240,700,
10. Assiqnment. 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 8153, 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 ihterest. Grantor further 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 limit its 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 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' Christopher J, Coseo and Brenda M, Coseo
Trustees of the Coseo Family Trust, dated October 16, 2002
18790 Heritage Drive
Poway, CA 92064
To Grantee: City of Poway
POBox 789
Poway CA 92074
. .
. 8549
Conservation Easement Deed
Page 6
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,
13, Amendment. This Conservation Easement may be amended by Grantor and Grantee only
by mutual written 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 th~ 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 of Civil Code Section 815, et seq. If
any provision in this instrument is found to be ambiguous, an interpretatiSln 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 Aqreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement, all of which are merged herein. No
alteration or variation of this instrument shall be valid or binding unless contained in an' amendment in
accordance with Section 13,
(e) No Forfeiture, Nothing contained herein will result in a forfeiture or reversion of
Grantor's 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 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
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Conservation Easement Deed
Page 7
(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 subjecHomodification or amendment except in
writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns,
(k) Exhibits, All Exhioits referred to in this Easement are attached and incorporated
herein by reference.
(I) Aopropnatlons The duty of the City of Poway and CDFG to carry out their
respective obligations under this Easement shall be subject to the availaoility 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,
:;"'O~)
Christopner J, Coseo, Trustee (Notarize)
By' ,~
Approved as to Form:
Office of the City Attorney
Lisa Foster, City Attorney
By' ~4 ~JtCGt
Lisa Foster, City Attorney
. . 8551
CALlFORNDA ALL-JPUlRPOSE ACKNOWLEDGMENT
~~~~B.b~~~~~~~ ._~~=A~_ :~~~~
State of California }
County of San Diego
On ftm I L / 1, 200? before me, Phyllis Shinn, Notary Public
D.,,' ~ J (OS ;~"';q';:;;;,' tho Ollio"
personally appeared f.f1 /5rllIY-/!:;7<, ,
]A CIf/)J/1 Name(s)01 Signer(s)
f/L1 COSt:..V
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) :Ware subscribed to the
within instrument and acknowledged to rne that
~@ __'=~';": 1 W~/they executed the sarne in~/t1l(r/their authorized
capacity(ies), and that by 1ilSI1)'if/their signature(s) on the
I Notary P)lDIlc. ColIIomIo. I instrument the person(s), or the entity upon behalf of
, Ion DIego County . which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above Signature
OPTIONAL
Though the information be1o.w is not required, by law, it may prove valuable to persons reiying on the document
and could prevent fraudulent,' removal and reattachment of this form to another document.
Description 01 Attached Document )
Tille Or Type of Document CPA/5t."7<iJ/fT/V;!J C,1-SCIZ1 bPr ~
Document Date: /f;7~ (L /7. Z () 0 ;? Number of Pages: /3
Signer(s) Other Than Named Above: ' 1./5:f-l FO:Srb"'y';(
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Olficer - Tille(s):
o Partner - 0 Limifed 0 General o Partner - 0 Limited 0 General
o Attorney in Fact . o Attorney in Fact
o Trustee Top of thumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
"""'.=...,="'=-=...,=.....~~~~~~~~~~""""'~~~~~~~~~
@2007NationalNotaryAssociationog3S0DeSoloAve" P.O. Box 2402 oChatsworth, CA .9'1313-2402owww.Na6onaINolary,org Item ItS907 Aeorder:CaIlTolI'.Free 1.800.876.6827
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8552
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement by
Christopher J Coseo and Brenda M, Coseo, Trustees of the Coseo Family Trust, dated October 16, 2002,
Grantor, to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third party
beneficiary, a governmental agency (under Government CodeSettion 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. City of Poway
By c:;- ~~ J-/ C--::>I3-r1,'V/
Salam Hasenin
Title: City Clerk
Authorized Representative
Date: ~ / 2-1 / U ~
M:\planning\oda\MDRAS\MDRA 04-84R cosec bee easement. doc
. .
8553
Exhibit "AI"
Legal Description
A portIon of Lot 35 in Poway Tract No, 98-02, in the City of Po way, County of San
Diego, State of California, according to Map thereof No, 14388, recorded in the office of
the County Recorder of San Diego County on May 8, 2002, more particularly described
as follows,
Beginning at the most northerly cotner of said Lot 35, thence, southerly along the
westerly easement line of Heritage Drive, along a 320 00 foot radius curve, concave
westerly, through an central angle of 27" 51' 45", an arc distance of 15561 feet to the
beginning of a reverse, 594:00'radius curve, concave easterly; thence continuing
southerl) along said westerly easement 11l1e through a central angle of 0" 59' 59, an arc
distance of 10.3 7 feet;
Thence, leaving said westerly easement line, N 330 09' 28" W, 15,87 feet;
Thence N 420 37' 54" W, 16,52 feet;
Thence,N 52006' 19" W, 16,52 feet;
Thence, N 61034' 44" W, 16,52 feet;
Thence, N 710 03' 09" W, 16,52 feet;
Thence, N 800 31' 35" W, 16,52 feet;
Thence, N 87048' 25" W, 8.45 feet;
Thence, N 80031' 47" W, 8,85 feet;
Thence, N 870 37' 54" W, 4,25 feet;
Thence, N 370 31' 27" W, 3 72 feet;
Thence, N 730'17' 22" W, 11,58 feet;
Thence, 8 82054' 18" W, 24 79 feet;
Thence, 8 610 19' 27" W, 15 76feet;
Thence, 8 610 [9' 27" W, 21.37 feet;
Thence, 8 67013' 48" W, 26,\3 feet;
Thence, 8 61006' 05" W, 28,14 feet;
Thence, 8 63" 27' 09" W, \3,00 feet;
Thence, 8 66" 59' 18" W, 3,35 feet;
Thence, 8 370 16' 20" W, 15,99 feet;
Thence, 8 360 23' 15" W, 4,29 feet;
Thence, 8 36033' 15" W, 22,26 feet;
Thence, 8 43031' 10" W, 33 45 feet;
Thence, 8 36039' 56" W, 15 95 feet;
Thence, 8 290 31' 01" W, 15,50 feet;
Thence, S 460 52' 30" W, 5.24 feet;
Thence, 8-43007' 30" W, 5,24 feet;
Thence, 8 39022' 30" W, 5.24 feet;
Thence, 8360 38' 40" W, 2.39 feet;
Thence, 8 35047' 20'; W, 16,09 feet;
Thence, 8 34" 46' 10" W, 2,85 feet;
Thence, 8 31052' 30" W, 5,24 feet;
. .
8554
Thence, S 280 07' 30"W, 5,24 feet;
Thence S 240'22' 30" W 524 feet'
., .... "...,
Thence, S 200 37' 30"'W, 5:24 feet;
Thence, S 160 52' 30'~ W,5,24 feet;
Thence, S 13007' 30" W, 5,24 feet;
Thence, 8 09" 22' 30" W,5,24 feet;
Thence, 8 05" 37' 30" W, 5.24 feet;
Thence, 8 010 52' 30"W, 5,24 feet;
Thence, 8 010 52' 30" E, 524 feet;
Thence, 8 05037' 30" E, 5,24 feet;
Thence, 8 01031' 49" W, 11.27 feet;
Thence,'8 11035' 32" E, 10,06 feet;
Thence,.8 200 16' 57" E; 12.39 feet;
Thence, S 330 01' 26" E" 18,08 feet;
Thence, 8 32"47' 58" E; UQ3 feet;
Thence,S 480 50' 49" E,6W feet;
Thence, S 250 27' 48" E, 12,11 feet;
Thence, 8 400 03' 27" E, '39 10 feet;
Thence, 8 410 59' 27" E, 10 1.7 feet;
Thence, 8 36005' 34" E; 5,83,feet;
Thence, 831034' 32" E,,3S:55 feet;
Thence, 846018' 55"E,.3,66 feet;
Thence, 8 56050' 31:' E,2.34 feet;
Thence, 8 670 38' 51" E, 4,24 feet;
Thence, 8 750 04' 01" E,5,93feet;
Thence, 8 74034' 49" E, 10:30 feet;
Thence, S 73059'57" E, 4,97 feet;
Thence; 8 820 03' 29" E, 2,52 feet;
Thence, 8 800 03' 59" E, 2,97 feet;
Thence, S 77002' 36" E, 5,35 feet;
Thence, 8 73" 33' 50" E, 4,22 feet;
Thence, 8 74046' 57" E, ;3,95 feet;
Thence, 8 810 13' 36" E, 1.90 feet;
Thence, 8 870 54' 48" E, 4 17 feet;
Thence, N 020 30' 32" W, 1.00 feet;
Thence, N 28" 54' 51" E, 15 78 feet;
Thence, N 80048' 07" E, 75 19 feet;
Thence, S 38" 00' 41" E, 6,98 feet;
Thence, 8 460 18' 17" E, 3,81 feet;
Thence, 8 56" 35' 27" E, 19,52 feet;
Thence, S 56034' 31" E, 20,38 feet;
Thence, S 68021' 20" E, 23,06 feet;
Thence, 8 7,7005' 33" E, 16,75 feet;
Thence, S 84021' 06" E, 31 11 feet;
Thence,S 67022' 48" E,27 01 feet;
Thence, 8 89" 45' 22" E, 4,95 feet;
. .
855,5
Thence, S 89032' 04:' E, 2,15 feet;
Thence, N 88039' 37" E, 5.91 feet;
Thence, N 870 18"24" E~ 2142 feet;
Thence, S 590 06' 42"E, I ,24 feet;
Thence, S 650,00' OO"E, 6,99 feet;
Thence, S 75000' DO" E, 6,99 feet;
Thence, S 85000' OO"E, 6,99 feet;
Thence, N 850 00' DO" E, 6,99 feet,
Thence, N 750 00' DO" E, 6,99 feet;
Thence, N 680 0 I' 22" E, 2,77 feet;
Thence, N 580 12' 49" E, 8,87 feet to a point on the said easterly line of Heritage Drive;
Thence, S 32004' 15" E, 32410 feet to the beginmng ofa tangent, 305.21 foot radius
curve, concave westerly;
Thence, southerly along saideasteriy line, along the arc of-said curve, through a central
angle of360 21' 32",.a distance of 19368 feet;
Thence, leaving said easterly line, along the southwesterly line of said Lot 35, N 640 02'
49" W, 61747 feet;
Thence, along the westerly line of said Lot 35 N 420 00' 38" W, 536,99 feet;
Thence, along the northerly line of said Lot 34, N 61048' 10" E, 642,08 feet to the Point
of Beginning,
Area, 25],523 sq,ft., 5 774 acres
L92 8556
~ "U'L"
. f\,..\\----- L14 L13 1.,
. ~l.- -----.....<,
OPEN L29 ~ ....7 ,<'"
rSPACEEASEMENT.. L3ZL\L,' \ 0}-_.... L18 L17 ,~10
, 'l L3~ ~J ...,"',; L20 L~!;;..t8 I
L;~ 1\\\L25 LB '{z<. 01 .
L37~ ~~ \ I
L38--7 L27 ""<:
...........-z--l40 L2S
L39 r-L41 I ~
RELOCATED WROUGHT /':---.l42 L1 l ,
IRONFENCEANDREVISEO\(--L43' /; /
OPEN SPA::e EASEMENT r--L44 CZ .
L-L45 II I
~L46 POINT OF REVERSE CURVE / 11;/ J ,I.
VL47 RADlAl8EARING~
~L48 S87"44'42"W 1/
\ II PRIVATE ORAINAGE EASEMENT
~'" II I VARIED WIDTH RESERVEO ON MAP
~ \ L.5O / / / / 14388, RECORDED 5/8/02
C::::LB' I I /'
~= I~
I/L5~l54 Iltr;; /
L5~~r"'''L62 It;:'
" I" 0 /
LS6 I_ J:fg
LBi~/6'h~~ ~L69 115- /'
L58L59L r~66 ........ //L70 ,I"
L63l5 .....Vl71 If I L
\(, ,I, 'm
-t I'"
v... J I ~
," II ,CJ
v,.>: LBO I I 1m
V "18"
'.{.>.s L~-' ,1/ f~
"<' II <:
LOT 35 ';r I I I 1m
, . , ~ ~
MAP NO 14388 LB~ III [
APN: 277-220-35 LB2 ~ II \ '
~:~La8 !I
LB~/L'ri-I;
20.0'
,
20'WIDE RECREATIONAL \ 60' WIDE PAR't<:#AY
TRAIL & UTILITY EASEMENT .
RESERVEO ON MAP 14388 I I EASEMENT
RECOROEO ON 5/8/02 III \
III 7,0' WIOE LANDSCAPE MAINTENANCE
~ ANO UTILITY EASEMENT RESERVEO
EXHIBIT B 1 I I ON MAP 14388,RECOROED ON 5/8/02
PRIVATE DRAINAGE EASEMENT III \
PLAT. OPEN ,8. PAC'E VARIEOWIDTHRESERVEOONMAP\;\ II';
14388, RECORDED5/B/02 I <D '\
. III
EASEMENT " III \
SHEET 1 OF 2 "" NI ,
"II \
GRAPHIC. SCALE. 1"- 100' ~ " '\
I -,.- - I -- I III",
o 100 200 300 III I
III ,
III \
III i
~~... III ,
It,~ ,II!
fl;i.;t;'~., 11 I I
~.a III,
TAIT 1/18/
11/ ,
CONSULTING, INC, III /
702 Cjvi~ Centor Drive / / / /'
Oceanside, CA 92054 II
Phone: 760.433.1166
Fax; /60A33-1017
. . 8557 \1\
CURVE TABLE LINE TABLE
CURVE LENGTH RADIUS LINE LENGTH BEARING LINE LENGTH BEARING
C1 155.61 320,00 L1 15.87 N33'09'28"W L47 697 S48'50'49"E
C2 1037 594 00 L2 16.52 N42'37'54"W L48 12.11 S25'27'48"E
C3 193,68 305,21 L3 16,52 N52'06'19"W L49 3910 S40'03'27"E
L4 16.52 N61 '34'44''W L50 1017 S41'59'27"E
L5 16.52 N71 '03'09"W L51 5,83 S36'05'34"E
L6 1652 N80'31 '35"W L52 38,55 S31 '34'32"E
L7 845 N87'48'25"W L53 366 S46'18'55"E
L8 8.85 N80'31'47"W L54 2,34 S56'50'31 "E
L9 4.25 N87'37'54"W L55 4,24 S67'38'51 "E
L 10 372 N37'31:27"W L56 593 S75'04'01 "E
L 11 1158 N73'17'2Z'W L57 1030 S74'34'49"E
L12 2479 S82'54'18"W L58 4,97 S73'59'57"E
L13 1576 S61'19'27"W L59 2.52 S82'03'29"E
L14 2137 S61'19'27"W L60 2,97 S80'03'59"E
L15 26.13 S67'13'48"W L61 535 S77'02'36"E
L16 28.14 S61 '06'05"W L62 4.22 S73'33'50"E
L17 13,00 S63'27'09~'W L63 395 S74'46'57"E
L18 3,35 S66'59'18"W L64 190 S81'13'36"E
L 19 15.99 S37'16'20"W L65 417 S87'54'48"E
L20 4,29 S36'23'15"W L66 100 N02'30'32"W
EXHIBIT 81 L21 22.26 S36'33'15''W L67 1578 N28'54'51"E
PLAT OPEN SPACE L22 3345 S43'31'10"W L68 75,19 N80'48'07"E
L23 1595 S36'39'56"W L69 6.98 S38'OO'41 "E
EASEMENT L24 1'5.50 S29'31'01"W L70 3.81 S46'18'17"E
SHEET 2 OF 2 L25 52:,\ S46'52'30'W L71 1952 S56'35'27"E
L26 524 S43'07'30"W L72 2038 S56'34'31"E
L27 5,24 S39'22'30"W L73 2306 S68'21 '20"E
L28 2:39 S36'38'40"W L74 16,75 S77'05'33"E
L29 16,09 S35'47'20"W' L75 31 11 S84'21'06"E
L30 2;85 S34'46'10"W L76 2701 S67'22'48"E
L31 5.24 S31 '52'30"W L77 495 S89'45'22"E
L32 5:24 S28'07'30"W ,L78 2.15 S89'32'04"E
L33 5.24 S24'22'30"W L79 5,91 N88'39'37"E
L34 5.24 S20'37'30"W L80 2142 N87'18'24"E
L35 5,24 S16'52'30"W L81 1.24 S59'06'42"E
L36 5.24 S13'07'30"W L82 6,99 S65'OO'00"E
L37 5,24 S09'22'30"W L83 6.99 S75'OO'00"E
L38 5.24 S05'37'30"W L84 6.99 S85'OO'00"E
L39 5.24 S01 '52'30~'W L85 6,99 N85'OO'00"E
r~ L40 5.24 S01 '52'30"E L86 6.99 N75'OO'00"E
ili2:~;,
,;~. L41 5,24 S05'37'30"E L87 2,77 N68'01 '22"E
x,.-,"'"- L42 11.,27 S01'31':,\9"W L88 8.87 N58'12'49"E
;;-,-._. .,
_"I'"
l~ '~"",t- L43 1006 S 11 '35'32"E L89 32410 S32'04'15"E
TAIT L44 12,39 S20'16'57"E L90 61747 N64'02'49"W
CONSULTING,INC, L45 18,08 S33'O.1'26"E L91 536,99 N42'OO'38"W
702 Civic Center Drive L46 13,53 S32'47'58"E L92 642.08 N61 '48'1 O"E
Oceanside, CA 92054
Phone: 760-433-1166
Fax: 760-433-1017
. .
.
REQUEST TO ,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: Christopher and Brenda Coseo
Address: 18790 Heritage Drive
Poway, CA 92064
"....." "1111""'''''' 'll '''''''''Br"''~I'''tt'-'-~fr'rti'r''r"w~'diJ.,..e.,"'(:f''''"'' '''r- "'''Ii ..' ". ,': ill!
HL - ;;;5,~ ~~""~':"i,r;lIb,;oIlm;,~rl';ll,~~ ,'j ,ea$e "8 ae 1~ a e t;or.~,a r,ess,e -I~en.ve 0 e..~ra .o.ve'>.' ,1If~,~'H;' ,. - ,~ - -; _"if'. ~
Please complete the following infonnation even if it is contained in the recorded document.
Parcel No.: 277-220-35
Related Case No.: MORA 04-84
(TTM, TPM, CUP, DR, Grading Permit No" ete,)
Location of Property: 18790 Heritage Drive
Check appropriate boxes
Notary certificate attached [8J Yes 0 Not needed
Acceptance stcfmp [8J Yes 0 Not needed
/ Acceotahce stamo musfbe 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 I County Clerk must be included, The fee is $7.00 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 mail~c:l to the Courity 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