Conservation Easement Deed 2008-0177391
,
,
~. ~ RECORDING REQUESTIBY: - . ,
CITY OF POWAY
THE ORIGINAL OF THIS DOCUMENT
WHEN RECORDED MAIL TO: wp,S RECORDED ON APR 03. 2008
DOCUMENT NUMBER 2008.0177391
CITY CLERK GREGORY J SMITH. COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFf-ICe
CITY OF POWAY TIME 449 PM
PO BOX 789
POWAY CA 92074-0789
APN 277-220.14
Project No.. MORA 04-99
CONSERVATION EASEMENTDEED
NO DOCUMENTARY TRANSFER TAX DUE
--- THIS CONSERVATION EASEMENT DEED is' made' th;;- -.')0 day Of'~ ,2008, by PhilliP
J. Nevin and Kristin Nevin, Trustees ohhe Nevin Family Trust Established April 11, 2001 ("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 ofCali.tornia, 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, t~e 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 Depa'rtment 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 ef
seq. (ESA), the Fish arid Wildlife Coordination Act, 16 U S.C. section 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 Sage Scrub (CSS) habitat. Mitigation of impacted habitat was resolved as part of the Final
Environme'ntallmpact Report, Sch. No. 98091083, through the preservation of open space easements on
each parcel ttiroughoutthesubdivision. Open space areas were identified on the map no. 14388, filed in
the office of the County Recorder of San Diego County, California, on May 8, 2002, file number 2002-
0391382 for impacts to CSS. Recordation of Biological Conservation Easements will ensure preservation
of areas set aside for Coastal Sage Scrub habitat.
()%-(}~ ~
I I
- RECORDING REQlJEST'BY' 1/111111 w,mlllllll'll~mlli,~~ffi II'" ~1~rulllll 1111
F0 i
CITY OF POWA Y
WHEN RECORDED MAIL TO: IIp APR 03, 2008 4-49 PM
GeNA ClFFICI,<:.,L FiECUR[I':,
CITY CLERK ',".1'1 ulEGU C!]UI'IT', RECuR['EF,"., OFFII~E
liREGOR,' '~MITH co LI lIT , F:ECOR['EF,
CITY OF POWA Y 1. coN, FEE'" 0.110
POBOX 789 111- t.l.o
POWAY CA 92074-0789 Nf PAGES: 12
APN 277-220-14 11111111111111111111111111111111111111111111111111111111111111111111111111111111
Project No. MORA 04-99 11361
CONSERVATION EASEMENT'DEED
NO DOCUMENTARY TRANSFER TAX DUE
THIS CONSERVATION EASEMENT DEED is made this dO day of YUJlrc,k ,2008, by Phillip
J Nevin and Kristin Nevin, Trustees of the Nevin Family Trust Established April 11, 2001 ("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, t~e 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.
0 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 ttiese 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 U S C section 1531 et
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U S.C. section 661-666c and other applicable laws.
G The Biological Resources A~alysis prepared by P&D Environmental, dated January
2000, for subdivision TIM 98-02, "Heritage II Estates Biological Technical Report", identified impacts to
Coastal Sage, Scrub (CSS) habitat. MitigaJion. of impacted habitat was resolved as part of the Final
Environmental ImpaCt Report, Sch. No. 98091083, through the preservation of open space easements on
each parcel thro~ghout the subdivision. Open space areas were identified on the map no. 14388, filed in
the office of the County Recorder of San Diego County, California, on May 8, 2002, file number 2002-
0391382 for impacts to CSS. Recordation of Biological Conservation Easements will ensure preservation
of areas set aside for Coastal Sage Scrub habitat.
6~()3 \P-
Conservaiion Easernent D_ .
Page 2 11362
H Grantor intends to convey to Grantee the, right'to prEOserv.e,~nd protect the conservation
Values of the Property inpeipetuity in accordance with Coyenants;. Terms, Conditions and Restrictions
contained herein in exchange for Grantee permitting Grantor's construCiion of a single-family residence
within Heiitage.1I Estates.
\. 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 ea~ement in perpetuity over the
Property of the nature and character and to the extent hereinaftersetforth ("Easement").
1 Purpose. The purpose of this Conservation Easement is to E!nsure 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 Gran'tor in.tends that ttiis '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. Riqhts of Grantee. To accomplish the purposes of this, Conservation Easement, Grantor
hereby grantsandconveys.the.fcllloiving rights to Grantee and the State of'California Department'of Fish
and Game as a thira party beneficiary' of this easement by this Conser:itati6n 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 'ih order to ,monitor Granior's
compliance with, and to other:Wiseenforce the terms of, this Conservation Easement, including Grantor's
obligation to manage .the property consistent with Grantor's duties asset 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 restoratiori' 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
conserva!ionpwposes of this Conservatio~ Easement and not specifically reserved as a right of Grantor
is prC?hibited. WithouUimiting the generality of the foregoing, the f9110wing uses by Grantor, Grantor's
agehts,cmd thirg parties, are E!xpressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plan/NCCP
(a) Unseasonable \/Jatering, use of herbicides, rodenticides, or weed abatement
activities, ing:~mpatible fire protection activities and any and all other uses which may adversely affect the
purposes ofthis Conservation Easement;
CQnservation Easement 01 .
Page 3 11363
(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, 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 an'd debris, shall be the Grantor's responsitiility
5. Reserved Riohts. 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 orto 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.ofFish and Game. If Grantor fails to cure the violation within thirty
(30) days after receipt ofsaid:written notice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days tocornplete'.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 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 restorati~n 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 dmmediate action
to prevent or mitigate significant damage.,to the conservation values of the Property, Grantee may pursue
. its remedies under this paragraph'wilhout'priornotice to Grantor or'without waiting for the period provided
~. . , . .'""i' .-
for cure to'expire. Grantee's righ\s under.this paragraph apply equally to actual or threatened violations
of the terms of this Conservation Easeme,rit. Grantor and Grantee agree.that Grantee's remedies for any
violation ofthe terms of this ConservatioQ E:;:lsement is the injunctive relief described in this section, both
prohibitivea,nd mandatory, in ad,dition 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 actu~1 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 .Iaw or in equity, including but not limited to, the remedies set forth in Civil Code
Section 815, efseq., inclusive.
Conservation Easement DIt ·
Page 4 113 6 4
If atany time in the future Grantor or any subsequenUransferee 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 entitles 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 Granto'r'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 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 awaiver by Grantee of such term or of any'subseque,nt breach of the same or any other
term ofthis Conservation Easement or of any of the Grantee's Tights under this Conservation E,asement.
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 aUne discretion of Grantee and CDF'G to bring any action against Grantor
for any injury to change in the Property resulting from causes beyonqGrantor's control, including, fire,
flood, storm, and earth movement, or' any prudent action taken by Grantor under emergency conditions to
prevent, abate, ormitigatesignificant 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 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 on Lot 14, 18795 Heritage Drive, APN 277-220-14,
within ninety days, the Grantor shall install and maintain metal fence stakes (T-stakes painted white) six
(6) feet in height [2 feet below grade and 4 feet exposed above grade] as follows: A stake shall be
installed at the property line at the'pointof intersection with the easement boundary line and also installed
at intervals of seventy-five (75) feet along the length of the easement boundary line. The purpose of this
staking is to identify to the lotowner'the boundaries of the conservation easement area, and to protect in
perpetuity the conservation values and function of the Property The specific location of all required
stakes shall also be plotted on Exhibit B (easement plat) attached' hereto.
8. Access. This Conservation .Easement Deed does not convey a general right'of access to
the public.
9. 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. G'rant~r 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.
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
representativ"s, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, -"psts, losses, d,!mages" 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
Conservation Easement DI .
Page 5 11365
the death of any person, or physical damages to anypropertpesulting from any act, omission, condition,
or other matter related to or occurring on or about the Property, reg.?rdlessof cause; (2) the obligations
specified in Sections 4, 9, and 9 1, and (3) the existenceoradmini~iration of this Conservation Easement.
9.3. Condemnation,. The purposes of tJ1e Conservation Easement are pre~ume9 to
be the best and most necessary' p~blic 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 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 termsoi this Conservation
Easement in any deed or other le'gaLinstrument by which Grantor divests itself'of any interest in all or,a
portion of the Property, including, withbut limitation, a leasehold interest. Grantor further agrees to give
written notice to.Grantee or the CDF.G 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 GrantClr 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 'interesis in the property withoui the
prior written authorization of Grantee and CDFG
12, Notices. All notices, demands, requests, consents, approvals, or communications from
one party to an6ther shall be persori'ally. 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' Phillip J. Nevin and Kristin Nevin, Trustees of the Nevin Family
Trust Established April 11, 2001
c/o Barry Axelrod
2236 Encinitas Blvd, Suite A
Encinitas CA 92024
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 Avepue
San Diego, CA 92123
The parties agree to ,accept facsimile signed documents and agree t? 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 Conservat.ion Easeme~t may be amended by Grantor and Grantee
only by l11utual written agreement approved in wriiing by C8FG., . Any such amendment. shall "be
consistent with .the p.urposes ofthis Conser:v,ation E.?sement and, sh,all not affect its perpetual duration.
Any such amendmeni shall be recorded in.theofficiai'records of San Diego County, State of California.
14 Recordation.. Grantor shall promptly record th.is 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.
Conservation Easement DI . 11366
Page 6
15: General Provisions.
(a) Controllino Law The interpretation and per1'ormance 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 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 pr~)Vision valid shall be favored over any
interpretation that would render it irivalid.
(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. Ira court of competent jurisdiction voids or invalidates the application of
any pro~ision of thisConseniation Easement Deed to a person or circumstance, such action shall not
affect the application of the provision to other persons or circumstances.
(d) EntireAdteement. This instrument sets forth the entire agreement of the parties
with respect. to the Conservation Easement and supersedes all prior discussions, negotiations,
understardings, 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'uiiless'contained in an amendment in
accordance with Section 13.
(e) No For1'eiture. Nothing contained herein will result in a for1'eiture 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 tiereunder benefiting Grantee shall
also benefit CDFG.
,
(g) Termination of Riqhtsand Obliqations. Aparty's rights and obligations under this
Conservation Easement shall teJminate 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. T)1e captions in this instrument have been inserted solely for
convenience of reference and are not a part of th,s 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 Gr,antor 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 and sigried 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 byreference.
(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.
Conservation Easement Det . 11367
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written.
GRANTOR
Phillip J Nevin and Kristin Nevin, Trustees of the Nevin Family Trust Established April 11 , 2001, Property
Owners ~]
,
By By . . . fjft..ffi-;
i~ Nevin
j luJ
Approved as to Form.
Office of the City Attorney
Lisa Foster, City Attorney
~q~. 130'07
By
Lisa Foster, City Attorney
M:\plann ing\peggy\mdra2004\mdra04-99" mcup04-14\Conservation Easement Deed .doc
. .
11368
CALlFORNlI~ Al....PURPOSE ACIOllOWlEIDGIYlII;~T . ,
~~ _A~~ =~A:~Y(':ti"f&i'ix'Xr-';t:'/i'iif~~~~G'~'Xii;b~~~~~~~z;;;t:>~~
State of California }
County of San Diego
onllllJl?C'1I20,2(}()lbefore me, Phyllis Shinn, Notary Public
personally ap~:ared j(J? (\5 TI,I1/ ;II tf1/ ( ;t/ H'" ,,,,,' N,m..,dT",,,lth, om",
Name(sJoISigner(s)
who proved to me on the basis 01 satisfactory evidence to
be the person()l}.cwhose name()S) is/~ subscribed to the
within instrument and acknowledged to me that
re-=::-.-l ry/lIshe/t~ executed the same in ~her/ttJsltauthori2ed
capacity(~ and that by'~her/th~ signatureOO-,on the
instrument the person(lil., or the entity upon behalf of
i Ncilory PublIC . Catlfomlo I which the person(li).. acted, executed the instrument.
san Diego County .
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place NolarySeal Above Signature
OPTIONAL
Though the information below is'nol'reQuired'by law, it may prove valuable to persons relying on the document
and could preventfraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number 01 Pages:
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Olficer - Title(s):
o Parlner - 0 limited 0 General o Partner - DUmited 0 General
o Attorney in Fact o Attorney in Fact .
o Trustee Top oflhvmb here o Trustee Top'Olthumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~~~~~~~~~~~~'g
@2Q07National Notary Association. 9350 De Solo Ave" P,O.Bo~ 2402 .Chatsworlh, CA 91313-24020 www,!\IationaINolary,org l!em #5907 Reorc!er:CaIITolI-Free 1-800-876-6827
. .
11369
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~L'""'b~B#">~"",,^-~~~~~~~T..,6:l'<bEr.>~HilO'~~~~
State of California }
County of San Diego
on/JJtr;cIlZO,?OO? before me, Phyllis Shinn, Notary Public .
personally ap~:'ared miL t.-;<7 J III r t/( ;1J H,,, I"", N,m, "d Till", th, 01"'"
Name(s)oj Signer(5)
who proved to me on the basis of satisfactory evidence to
be the personW whose name{)i). is/ale subscribed to the
within instrument and acknowledged to me that
r - -. . - - -- he/s),.l:1/they executed the same in his/hl*ll~authorized
capacity(i~, and that by his/l)Mth~signature~n the
~ .....;.:.;.. --1 instrument the person~ or the entity upon behalf of
j commllalon " 1778898 which the personw.. acted, executed the instrument.
NOla", PublJc - Ccltllomla f
J . San DIego countY -
-----~~~ 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 below is not required by law, il may prove valuable to persons relying on the document
and Gould prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Tille(s): o Corporate Officer - Tille(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact . o Attorney in Fact
o Trustee Top of thumb he-re o Trustee Top of thumb here
D Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~="'=""~~~~~~~~~~~~~~~~
@2007NationaINotaryAssociationo9350DeSoloAve., P.D. Box 2402 oChalsworth, CA 9'1313-2402o.,.."w.NalionaINolary,org Item #5907 Reorder:CatlTolI Free1-800-876-6827
I
,
COnservation Easement DId .
Page 8 11370
CERTIFICATE OF ACCEPTANCE'
This is to Certify that the interest in real property conveyed by the Conservation Easement by
PhilliP_rLnd~ Nevin, Trustees of the Nevin 'Family Trust Established April 11, 2001,
dated ,...~ ' , .' to. the City of Poway, Grantee, and 10 the California Department of
FIsh and Game, as a',third party 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 January20, 1981
GRANTEE. City of powa~
BY~ . 4~
Title: L Diane Shea, City Clerk
Authorized Representative
Date -.MMOn l.L-I(WD~
. .
11371
EXHIBIT A
BIOLOGICAL CONSERVA noN EASEMENT
THAT CERTAIN AREA, SHOWN AS OPEN SPACE EASEMENT ON
LOT 14 OF CITY OF POWAY TRACT NO. 98-02 HERITAGE RANCH
ESTATES, ACCORDING TO MAP NO. 14388, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA ON MAY 28, 2002, FILE NUMBER 2002-0391382
OF OFFICIAL RECORDS.
,: 12
'.
, . .
Lot 14
Individual Lot Declaration 11372
The Heritage Estates
"
, EXHIBIT B
'\)1'1
. ~co
AUGUSi. \16 ,
"
;."
I ,
Open Space ,
6~, l'arkWay ~ HCEA Easement "'-
Maintained , ,
7 landscape ""~
'Easement'~,HCEA ~' Lot DImension
MSliltairled'
,
,
"
("'"
Open Space ''),
Easement
,./ -
-
~ -
--
-<:
"... I><.?
- ,./
,./ -
.. f:lrlvate
DraJriage'E~emfml
Legend NorJb
ProJ>er!! Line Shpe Lo,iition' "p ~
----- ~foe
~en Space ---
asement Une Drainage S#'aI4 Culvert
StormDwn -=-oG . = = 0 100 200
Sewer Une ~. - 1 I
Water Line -..~- Building Envelope
Sewer Line.Connection @ Cott/mon Ana ~
Water Line CO~nC(tion @ MdiiiienanCe
EasementHCEA
U#lity Connemon: @ Maintained
Tekpho_ne~~Ga;; . Streit Li~ht ?
Ekctric, TV CahieJ
Lot Number -------. . Fire Hydrant ~
)
LotSize . 14
~.5.361
FittitheJ.Piu! """,,"
Elevation :..0 i'3O
..'.' ..
..
i . .
REQUEST TO RECORD DOCUMENTS WITH COUNTY RECORDER
tJf(j)O
Requested By: Development Services Department Extension No. 4lIllIt
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: Phillip and Kristin Nevin
Clo Barry Axelrod
Address: 2236 Encinitas Blvd, Suite A
Encinitas, CA 92024
I Please attach label or ilClcJresseai:eiiV.elop(j above I
Please complete the fOllowing information even if it is contained in the recorded document.
Parcel No.: 277-220-14
Related Case No.. MDRA 04-99
(TIM, TPM, CUP, DR, Grading Permit No., etc.)
Location of Property: 18795 Heritage Drive
Check appropriate boxes.
Notary certificate attached [8J Yes D Not needed
Acceptance stamp [8J Yes D Not needed
/AcceDtance stamD must be on all Easements and Grant Deeds"
Check attached D 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 i 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 bya Title Company, (before telling them when they can pick it up) check
with the Clerk's Office
Title Company: Phone:
Contact: Pick-up Time:
M:\plan ning\forms\Covenanls \recordalion request.doc