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Conservation Easement Deed 2002-1036112 r; , . . DOce# 2002-1036112 . RECORDING REQI.IESTED BY: NOV 19, 2002 11:34 AM CITY OFPOVVAY OFFICIAl RECORDS SAIl DIEGO COUIHV RECORDER'S OFFICE WHEN .RECORDED MAIL TO: 12713 GRE60RV J. SIIITH. COUNTV RECORDER CITY CLERK FEES: 0.00 CITY OF POWAY DC: HII POBOX 789 1111111111111111\ 1111111111111111111111111 ~~II\\~ 111111111111111111 fv POWAY CA 92074-0789 .' .'__. 2002'1036112 . I~f Space -Above Line for Recorder's Use Only CONSERVATION EASEMENT DEED ~~ THIS CONSERVATION EASEMENT DEED is made this ~ day.of October 2002, by Edward and Cr Karen Draper ("Grantor"), in favor of City of Poway ("Grantee"), acting by and through its Development Services Department, with reference to ttie following facts. pj( RECITALS A. Grantor is the sole owner in fee simple of certaih rea.1 property in the City of Poway, County of San Diego, State of; Califomia, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated.bythis reference (the "Property"). B. The Property possesses wildlife and habitat values (collectively, "cons~rvation v;llues~) 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 the Property therefore will preserve habitat of a protected species. D The City of Poway is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civil Code Section 815.3(b). E. The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to 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 ofthose species. F The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation, Protection, re~toration, 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. This Conservatio~ Easement provides protection for 10,526 square feet of land that contains high quaJitycost;l1 sage scrub located within the. City of Po way's Subarea Habitat Conservation Plan/NCCP Focused Planning Area. H. Grantor intends to convey to Grantee the right to preserve and protect the conservation value~ of the Pr()pert'ri.n perpetuity in accordance.'With Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permilling.Grantor:s removal of 5,263 square feet of coastal sage scrub; This is a mitigation measure for such renibval of5:263 square feet of costal sage scrub. 1 ('up 0\-11f ~O?>'D 'r / 1504-11' O:J-/{"I , . 1.14 I I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the consEmiation values ofthe Property in accordance with the termsofthis 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 '81;>, et seq., Gr;lntor hereby voluntarily. deeds ;lndl.conyeys 10 Grantee a conservation.. easement in perpetuity'over the Property.of the nature and character and:to the extent hereinafter set forth ("Conservation Easement"). 1 Purpose. The purpose of this Conservation Easement is to. ensure the ProPerty,will'be preserved in a natural conditionir. P_erpetlJity and to prevent anY'Y!l,e'of the ProPfilrtY th<itwiWmatertally impair or interfere with the corserv<jti(Jn values of the Property Grantor intends that this Conservation Easement will confine the use ()f.the Property tS,> such activities; inCiudiiig wiihout iimitation, those involving the preservation and enhancement of'native species and their habitat in a manner consistent . .'''' -... '. ..". - . .~. with the habitat conservation purposes'ofthisConservation Easement. 2~ Riqhts of Grantee: To accomplish the purposes of'itiis Conservation Easement, Grantor hereby grants, and. conveys theJollowing rights to Grantee, and to CDFG as a third party beneficiary of this easement, by this Conservation Easement Deed: (a) To preserv,e..and protect in perpetuity the conservatio.n values of the Property in accordance with this Conservation Easement; . (b). To enter :upon the Property at reasonable tirt'les in order to mOI].itor Grantor's compliance with, and to oth",rwise enforce the terms of, this C()nservation Easement, inclUding Grantor's oblig~tion to marage the property consistent with Grantor's duties as set forth in section 4; and for scientificresearch..and'interpretivepurposes by' Grantee or its designees and CDFG and'its designees. (c) To prevent any activity on or use of the P[operly that is inconsistent with the purposes of this Cons.ervation Easement and to require the restoration of such areas or features of the Property that m<iy'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 Conservation Easement. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation' purposes of this Conservation Easement and not spe~ificaljy reserved .as 80 right of'Grantor is prohibiied~Vvithout limiting the ;genera"lty of iheforegoing,tb~"f91Iowil]g us"'s by Grantbr, Grantor's agents, and third parties, are expressly prohibited unless specifically provided' for through the Poway Subarea Habitat Conservation PlanlNCCP (a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement activities, incompatible.fire'protection 'activities and anyand.all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use'of off.road' vehicles; except.v",hicl(ls used for property maintenance'required by the Cityof 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; 2 . . 12715 (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 cutti~g of , trees, shrubs; or other vegetation, except as required 'by'law for (1) firebreaks, (2) maintenance of existing foot tra.ils 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 prevenlthe unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property In addition, Grantqrshall undertake all necessary actions to protect Grantee's rights under Section 2,of this Conservation,Easerrent. Grantor further covenantstliat 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 rigbts accruing from its ownership of the Property, including the right to engage in or to permit or invite othersdo 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 thaba violation is threatened, Grantee shall give written notice.to Grantor of such violation and demand in writing corrective action sufficienHo cure the violation, Grantee shall also notify CDFG. If Grantor fails to cure the violation within thirty (30) days after receipt of said written notice and demandfrol)1 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'Cons~rvati.cJn Easement, to recover any. damages to which Grantee may be entitled for vial at ion by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte .as necessary, by temporary or permanent injunction withourthe necessity of proving either actual damages or the inadequacy of other.yjse available legal remedies, or. for ot~er 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 actian to. prevent. or mitigate significant dam"ge 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 hexpire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor and Gr<i~tee:agreethat Grantee's remedies Jor.any violation of the, terms of this Conservation Easement include the injlJncliye relief described in this section, both prohibitive and mandatory, in addition to such other relief to ""hich Grantee may be entitled, including specific performance of the terms of this Conservation Easement in each case, without the necessity af proving either .actual damages or. the inadequacy of otherwise aVi'l.ilable 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 thisConservi3tion 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 3 . . 12716 CDFG as a third party beneficiary of this ConserVation Easement shall have the same rights as Grantee under this section to enforce the terms. of the Conservation Easement. 6.1 Costs of Enforcement. Any'co:;;ts incurred by Grantee or CDFG in enforcing the terms of this Conservation Easement against Grartor, 'including, but not limited to, costs of suit and attorneys' fe.e,s, and any costs of restoration necessit~ted by Grantor's violation or negligence under the terms. of ttiis Conservaiion Easement.shail be borne by Grantor. 6.2. Grantee's 15'iscretion. Enforcement of the terms of this Conservation Easement by Grantee,or CDFG .shail be:al'lhe discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under this Conservation Easement by Grantor shail not be deemed or construedtobe.a waiver of such term or of any subsequent breach of the same or any other term of this Conservation Easement ,or of any'ottl1e Grantee's or CDFG's rights under this Conservation Easement. No delay or omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by Grantor shail impair such right or remedy or be construed as a waiver 6.3. Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement sh~i1be construed'toeniitle Grantee or CDFG to bring'any actiqn against Grantor for any injury to or change in the Property.resulting from causes beyond Grantor's control, including fire, floo,d, storm, and earth movement, or from any prudent action taken by Granior under emergency conditions to prevent, abate, or mitigate significanl'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 shail extend to and are enforceable by CDFG or USFWS. 7 Probertv 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. 9 Costs and Liabilities. Grantor retains ail responsibilities and shall bear ail 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 ail taxes, assessments, fees, and charges of whatever description leyied on or assessed against the ProPerty by competent authority (coilectively'''taxes''), including any taxes imposed upon, ar incurred as a result of, this Conservation Easement, and shail furnish Grantee and CDFG with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shail hold harmless, indemnify, and defend Grantee and CDFG and jts members, directors, office~s,employees, ~gerts, contractors, and their heirs, and representatives, successors and assigns (coilectively "Indemnified Parties") from and against ail liabilities, penalties, costs, losses, damages, expenses, causes of action, cl,aims, demands, or judgments, including without Iim.ttation, reasonable attorneys' .fees, arising from or in aDY way connected with: (1 ) injury to or the death of any person, or physicalqamages to any property.resulting.from any act,omission,condition, or other mat~er related to or occurring on or' about the Properly, r~gardless of cause; (2) lheobligations 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 plJblic use as defined at Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure' Sections 1240690 and 1240'700 4 . . . 12717 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 Conseniation Easement oniy 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 recordtne assignment. in the county where the Property is located. 11 Subsequent Transfers, Grantor agrees to incorpor.ate the terms of this Conservation Eas!lmen.t in.any'deed oroth~r legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including; witnout limitation, a leasehold interest. Grantor further' agrees to give written nqtice io Grantee and CDFG.ofthe intent to transferanyi~terfilst at least forty.five (~5) day~"prior to the .date'.of such transfer Gra.ntee.or CDFG shall have th~ rig~l-lo prevent subsequ~nt transfers in which prospective subsequent cl~imants or transferees are not 'given [lotice of the .covenants; terms, con~itions and restrictions of this Conservation Easement. ,he fa[lure of Grantor, Grantee or CDFG to perform any act provided.in this section shall not impair the validity'o~ 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,.d!lmands, 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 deel'l1ed given five (5) days after deposit in the United St~tesl'l1ail, certified. an~ post<ige prepaid, return receipt requested and .acjdre~sedo' as follows, or at such other address as any party may from time to time specify to the other parties in writing: To Grantor' Edward and Karen Draper 15101 Mina De Oro Poway CA 92064 To Grantee, City of Poway P.O Box 789 Poway CA 92074 With a copy to: Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees.to provide to the other parties, within seventy-two (72) haurs after transmission of a facsimile, documents thai'bear the original signatures. 13. .Amendment. This Conservation Easement may tJe amended by Grantor and Grantee oniy by mutual written agreement .approved in writing by .CDFG. Any such amendment' sh<jll be consistent with the purposes ofthis 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) Controllinq Law The interpretation and performance of this Conservation Easement shall be governed by the laws of the Stale ofCajifa;r'1ia.. (b) Liberal Construction. Any general rule of construction to the contrary '. _ ._ . ", ,"" - -'c'" - -. . notwithstanding, 'this'Conservation Easement shall be liberally construed in favor of the deed to effect the 5 . . 12718 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 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 compe_tent jurisdiction voids or invalidates on its face any provi~.ion of'this Conservation Easement Deed, such a<;tion shall not affect the remainder of this Conservation Easement Deed. .Ifa court of competent jurisdiction. voids or invalidates the application of any provision of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Aqreement. This instrument 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 Easem~ent, all of which are merged herein. No alteration or variation oflhis 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. (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 respective personal representatives, heirs, successors, and assigns and shall continue 'as a servitude running in perpetuity wilnthe Property These covenants hereunder benefiting Grantee shall also benefit CDFG. (g) Termination..of.Riqhts and Obliqations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions oc'curring prior to transfer shall survive transfer (h) Captions. The captions in this instrumeni 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 aggregat!', be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument .as a-gainst any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Modification. This Conservation Easement is not subject to modification ar amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns. (k) Exhibits. All Exhibits referred to in this Conservation Easement Deed are aUachedand incorporated herein by reference. (I) Appropriations. The duty of the City .of Poway and CDFG to carry out their respective. obligations under this Conservation Easement Deed shall be subject to. the availability of appropriated funds. (m) Effective Date. This Conservation Easement shall be effective upon recording with the San Diego County Rec6rder's Office 6 . . . 12719 INWITNESS THEREOF, Grantor and Grantee have entered into this. Conservation Easement the day andyear,first above written. GRANTOR: Edwa:dand Karen Draper, Property Owners of APN321-1104 By' 1J6)~ . ~" ~ Edwara Draper Karen' Draper Approved as to Form: ANN S, MALCOLM, Deputy General Counsel CA DEPARTMENT OF FISH AND GAME BY'~~ Ann S. Malcolm Approved as to Form: Office of the City Attorney Stephen M. Eckis, City Attorney By' 7 . . 12720 CALlFOR,NIA ALL.PURPOSE ACKNOWLEDGMENT - . ~ , State of California } " I. . 55. County of .914 PIF!{) , : OnOCTOBI'R tll,/ltJ{):;L ,beforeme, GJ.DP-I 1-. vf./mES M 'J!}P-7 Pf/BtJ& 06te Name and Title of Officer 6.g.,' Jane Doe, Notary Public") , personally appeared 1<f!f!EN /JRflP~ , I Name(s) of8Igner(s) I : ~erSOnallY known to me , D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare , subscribed to the. within instrument and , acknowledged to m.e that he/she/they execyted " , the same in his'/her/their authorized , _ _ _ .. _ '" _ _ _ __ _ capacity(ies), . and that by his/her/their ~. GLORI L JA~ES .~ slgnature(s) on.the Instrumentthe person(s), or _@commiSSion#/l2B.9228.. . ~ the entity upon behalf of which the person(s) ~,... . Notory Pubfic. C~Ulomi~ ~ acted, executed the instrument. J' San Diego County f . Comm .. Janl;2l105 . __ _ __ ~_, ..:;. - __ ~ __ -_ __ WITNESS my hand and official seal. , , Place Notary Seal Above I , OPTIONAL' Though the ii/formation below.is.not:required by law, it may prove valuable to persons relying on. the doc.ument 'I and could prevent frauduient'removal and reattachment of this form to another document. I 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 Top ollhllrrt) here ': o Corporate Officer - Title(s), , o Partner - 0 Limited 0 General , o ~ttomey in Fact o Trustee " o Guardian or Conservator 1 , ,. 0 Other', (,I Signer Is Representing: ., O'j @ 1999 NatlO"",1 Notary AssociatIon. 9350 De Soto Ave, P.O. Bo~ 2402. Chatsworth, CA 91313-2402. www.nationalnolary.orgProd.No. 5907 Reorder: Call TolI.Free 1.600.6788827 . . 12721 CALIFORNIA A!--L.PURPOSE ApK~()WLED~MENT " - 1 State of California } ss. County of /Wo/ Dli6-0 1 On tJC7l'131!7< 2/ ::J.I)~,2. , before me, , Date ' , personally appeared EJ)WARP pRI/p~ ,. Name(s) ofSigner(s) 1 ~erSOnallY known to me 1 o proved to me on the basis of satisfactory ! evidence ., , to be the person(s) whose. name(s) is/are subscribed to the within instrument and , I ,. acknowledged to me that he/she/they executed I. the same in his/her/their authorized 1 capacity(ies), and that by his/her/their I. signature(s) on the instrument the person(s), or 1 the entity upon behalf of which the person(s) I. li-~~' 1 1 acted, executed the instrument. , 1 ~. NoIalyPubIIC - Call1omlo ~ d official seal. Z sOn DIego COUnty i , ~ MYCanm. ElIpIre!Janl.2lX!5 .1 -- - _. --- 'l"l'ac~om'!y ~al mJove -- - , ,. ,. ,. 1 , Though the information 'below is not required by law, it may prove valuable ,to persons relying on the document , , and could prevent fraudufent removal and reattachment of this form to another document. 1 [. , Description of Attached Document ., Title or Type of Document: ., ., Document Date: Number of Pages: , 1 ,. , Signer(s) Other Than Named Above: 1 , [ Capacity(ies) Claimed by Signer ,. Sig'ner's.Name: D Individual . , Top' of thumb here D Corporate Officer Title(s): D Partner - D Limited D General ., ,. D Attorney in Fact 1 ,. D Trustee , , D Guardian or Conservator ~ ! DO." ~ ' , Signer Is Representing I , " 1 tf(:.'U<.>'C(,."'G(..~'<x;,'g;,'-c;,x.;~X>'Q(;;'g.;.~~~'C<';-cz.'CV'C<;,'C(,"C(,'Q<)(.x:''C(.,'C(;.'<.)(;'g..,,(;X,'Q0~~~'Q(,..'C(,"<.:.V"'C(;;,'C(.."C<..-"C(,~_ _ _ _ _ _~ !O 1999 National NoteryAssociallon' 9350 De SotoAve., P.O Box 2402 Cnat$wurth, CA 91313-240.. www,riationalnotarY,org Prod. No. 5907 Reorder: Call Toll-Free 1-600:876-6-827 . . 12722 CERTIFICATE OF ACCEPTANCE .. This is to!Certify that the interest in real profe~ conveyed by the Conservation Easem~pt Deed by Edward and Karen Draper, dated October 2, 002 to the City of Poway, Grantee, 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.Resolutian No. 34 of the City of Poway on January 20,1981 GRANTEE. City of poway ',:=j04 a..... ~/I~ Titie: L riAnne Peoples; Citv Clerk Authorized'Representative Date: November 18, 2002 8 . . . 12723 EXHIBIT B LEGAL DESCRIPTION BIOLOGICAL CONSERVATION EASEMENT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PQWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEA~T CORNER OF LOT 1 OF SAID SECTION 4; THENCE SOUTH 01013'50" EAST ALONG 1'HE EASTERLY LINE OF SAID SECTION 4, A DISTANCE OF 80.00 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO LILLIE W BYERS AND EDITH W BRADSHAW, RECORDED JUNE 14, 1954 IN BOOK 5269, PAGE 170 OF OFFICIAL REC:ORDS, THENCE CONTINUING SOUTH 01013'50" EAST ALONG THE EASTERLY LINE OF SAID LAND 1,260.00 FEET, THENCE LEAVING SAID EASTERLY LINE SOUTH 88046'10" WEST 1000 FEET TOTHE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 88046'10" WEST 66000 FEET, THENCE NORTH 58~49'39" EAST 761.66 FEET, THENCE NORTH 01013'50" WEST 8.37 FEET, THENCE SOUTH. 58049'39" WEST 792.97 FEET; THENCE NORTH 88046'10" EAST 68713 FEET, THENCE NORTH 01013'50" WEST 7.255 FEET TO THE TRUE POINT OF BEGINNING. CONSISTING OF 10,526 SQUARE FEET !Jtw d.~ 8.9.02 Charles W Christensen, R.C.E. 8195 Date IN 2001-92A . ,:! . EXJ--IIB. IT II A.II. 12724 ~ BIa...OOICAL CCNSERVATICJ'.I EASEJI.e../T N POINT a= BEGI/'NIN3 AN)$CUTI-EAST \ SCALE.1'=tOO' cx:fN:R a= LOT 1 a=SECTICJ'.I 4 _ SOJTH LI/'IE a= LOT 1 a= SEcrICN 4 N 01013"50' W 80 DO' -------------------- ------------------------------ I PORTION OF THE SOUTHEAST J2 I 1/4 OF THE NE 1/4 OF SECTION 4 I TOWNSHIP 14 SOUTH, RANGE 1 WEST I . 1 SAN BERNARDINO MERIDIAN =r3 .' I 1 0 DATA TAB....E I 0 T NO DIRECTICN DISTANCE I 2 1 S 88048'10' W 10.00' ~ 2 S 01013'50' E 7255' I 3 . I 3 S 01013'50' E 8 ~', I ill #~ ~ /.1 I . . '" efi I 8 o tf}' '9 ..... 16>- I ~ FRFOSED ~ .p ,~. 10 00' f--- BIa...OOICAL otf} EXISTIN3 I ~ATICN S.p BIa...OOlCAL I EASEJI.e../T CCNSERV ATICN EASEt-ENT ~ ... / N 88048'10' E 880.00' ~ T2 S 88048'10' W,8157 13' /'.QTE EEARINGS N-o DISTANCES S:'OoINI;ERECN ARE .Bi\s=D,L.PCN l1:E BICl..OOIC<\L CCNSERVATICN EASEMNr FUoT FfiEPAAED BY AN:AEw E LAM3ERr; LB. 5467., DATED 12-08-95 ANJ lXES REFflESENT A FIaD s...RVEY CF 1l-E FRCF'ERTY ~ ;J. d t-- 08M08~02 a-w=LES W. a-flISTENsEN. R.C.E. '8195 Date ~ -...... .' ."., ........ CE eRR ISTENSENENGINEERING& SURVEYING 'CIVIL EllGINEERS LAND SURVEYORS PLANNERS '&S. 7888SILVERTON AVEllUE SUITE . l' . :SAN DIEGO, CALIFORNIA 92126 . . TELEPHONE' (858)271-9901 FAX' (858)271-8912 IN 2001-92 \