Biological Open Space Conservation Easement Deed 2001-0563654
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DOC '2001-0563654
Recording Reque~ted:' by:
CITY OF POWAY
Aug 09. 2001 9:11
AM
:\Vhen reco~dedi :~aij to:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
City Clerk
CITY'OFPOWAY
Post Office Box 789
Poway, CA 92074-0789
SPACE ABOVE LINE FOR RECORDER'S USE ONLY
ASSESSOR'S PARCEL NUMBER(S): 277-140-09 and 277-140-10
BIOLOGICAL OPEN SPACE CONSERVATION EASEMENT DEED
THIS BIOLOGICAL OPEN SPACE CONSERVATION EASEMENT DEED
(hereinafter "Couservatiou Easefttent Deed') is made this 13th <4y of July. 2001 by Sdoodabeb
Saghravanian ("Grantor"), in favor of the CITY OF POWAY ("Grantee"), and in favor of the
CALIFORNIA DEPARTMENT OF FISH AND GAME ("CDFG"), and the UNITED STATES FISH
AND WILDLIFE SERVICE ("USFWS"), 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" ~ega1
description); Exhibit "B" (easement plat), and Exhibit "c" (easement legal description) attachea hereto and
incorporated by this reference (the "Property") and;
B, The Property possesses wildlife and habitat values (collectively! "conservation
values") 'of great importance to Grantee pursuant to the adopted City of Poway Subarea Habitat
ConserVation Plan/Natural Community Conservation Plan ("Poway HCP") and companion Implementing
Agreement, and;
C. The Property provides high quality habitat Jor San Diego Sagewort, California
Gnatcatcher, Bewick's Wren, TurkevVulture, and Mule Deer; and contains California Sage Shrob habitat,
and;
D. In accordance with the adopted Poway HCP and companion Implementing
Agreement, this Conservation Easement Deed shall provide for the protection in perpetuity of the,Property
In addition, theCDFG and USFWS are ,hereby identified and named as c,,-beneficiaries of this ConserVation
Easement Deed, The Department of Fish and Game has jurisdiction, pursuant to the Fish and Game Code
Section 1802. over the conservation, protection, and manageme~t'of fish, 'wildlife, native plants and the
habitat necessary for biologically sustainable populations of those species, and the Department of Fish and
Game is. authorized to hold easements for these purposes pursuant to CiVil Code Section 815,3, Fish and
Game Code Section 1348, and other provisions of California law; and
E. Ibis Conservation Easement Deedproyides compensation mitigation for certain
impacts of th",establishment of an orchard and the grading of a lot for a single familv home located in the
City of Poway;, County of Sam Diego, State of California, pursuant to the compensation mitigation ratios
established in the adopted Poway HCP and companion Implementing Agreement,
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, COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS
I~'consideration of the above recitals and the mutualcovenarits, 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 Deed in perpetuity over the Property
1 Purpose, The purpose of this Conservation Easement Deed is to ensure the Property will be
protected in perpetuity and retained forever in a natural biological open space condition and to prevent any
use of the Property that will significantly impair or interfere with the conservation values of the Property
Grantor intends that this Conservation Easement Deed 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 Deed,
2, Grantee's Riqhts, To accomplish the purposes of this Conservation Easement Deed, Grantor
hereby grants and conveys the following rights to Grantee by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property;
(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 Deed and for scientific
research and interpretive purposes by Grantee or its designees, provided that Grantee shall not unreasonably
interfere with Grantor's use and quiet enjoyment of the Property;
(c) To prevent any,activity on or use of the Property that is inconsistent with the purposes
of this Conservation Easement Deed 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 thal'is inconsistent with the purposes of this
Conservation Easement Deed;
(d) All mineral, air'and water rights necessary to protect and to sustain the biological
resources of the Property; and
(e) All present and future development rights,
3, Prohibited Uses, Any activity on or use of the Property inconsistentwith the purposes of this
Conservation Easement Deed,is prohibited, Without limiting the generality of the foregoing, the following uses
by Grantor, Grantor's agents, and third parties, are expressly prohibited:
(a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities,
incompatible fire protection activities and any and all other uses which may adversely affect the purposes of
this Conservation Easement Deed;
(b) Use of off-road vehicles;
(c) Grading or surface entry for exploration or extraction of minerals;
(d) Erecting of any building, billboard, sign;
(e) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material;
(f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
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(g) Otherwise altering the general topography of the Property, including building of
roads;
(h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as
required by law for (1) fire breaks, (2) maintimanceof existing foot trails, City-approved recreational trails, or
roads, or (3) preven'tion or treatment of disease,
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 s,hall undertake all necessary actions to perfect Grantee:s rights under Section 2 of this
Conservation Easement Deed, including but not limited to, Grantee's water rights,
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 EasementDeed,
6, Grantee's Remedies, If Grantee determines that Grantor is in violation of the terms of this
Conservation Easement Deed or that a violation is threatened, Grantee sh.all give written notice to Grantor of
such violation and demand in writing the cure of such violation, If Grantor fails to cure the violation within
fifteen (15) days after receipt of said written notice and demand from Grantee, or said cure reasonably
requires more than fifteen (15) days to complete and Grantee fails to begin the cure within the fifteen (15) 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 compliance by Grantorwith.the terms of this Conservation Easement
Deed, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this
Conservation Easement Deed, to,enjoin the violation, ex parte as necessary, by temporary or permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the
condition in which it existed prior to any,such violation or injury Without limiting Grantor's liability thereof,
Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property
If Grantee, ill 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 wafting for the period provided for cure to
expire, Grantee's rights under this paragraph apply equally to actual'or threatened violations of the'termsof
this Conservation Easement Deed, Grantor agrees that Grantee's remedies at law for any violation of the
terms of this Conservation Easement Deed are inadequate and that Grantee shall be entitled to 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 Deed, without the
necessity of proving either actuai 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 Deed, notwithstanding Civil Code Section 815 7,
the California Attorney General or any entity or individual with a justiciable interest in the preservation of this
Conservation EasementDeed has standing as interested parties in any proceeding affecting this Conservation
Easement Deed,
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6,1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement Deed against Grantor, including, butnotlimited to, costs of suit and attorneys' fees,
and any costs of restoration necessitated by Granto~s violation or negligence under the terms of this
Conservation EasementDeed shall be borne by Grantor
6,2 Grantee's Discretion, Enforcement of the terms of this Conservation Easement Deed
by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under
this Conservation Easement Deed in the event of any breach of any term of this Conservation Easement Deed
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 oi this Conservation Easement Deed or of any of Grantee's rights under
this Conservation Easement Deed, No delay or omission by Grantee 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
Deed shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in
the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and
earth movement, or from 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 Richt 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,
7 Metal Fence Stake Installation and Maintenance, In ,order to identify and demarcate the
boundaries of the Conservation Easement Deed area (Property) within 277-140-09, 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'stakeshall be installed at the property line althe point of 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, lot owner the bounaaries of the
conservation easement area, and'to pr~tect in perpetuity the conservation values a'nd 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, Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result of" this Conservation
Easement Deed, and shall furnish Grantee with satisfactory evidence of payment upon request
9.2 Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee and its,
directors, officers, employees, agemts, cpntractors, and representatives (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 any way
connected with: (1) injury to or the death of any person, or physical damages to any property, resulting from
any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of
cause, unless due to the negligence of any of the Indemnified Parties; (2) the obligations specified in Sections
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4,,9, and 9,1 , and (3) the existence or administration of this Conservation Easement Deed,
9,3 Condemnation, The purposes of the Con~ervatiol1.Easement Deed are presumed to
be tn~ best and most necessary public use as defined at Civil Procedure Code Section 1240,680
notwithstanding Civil Procedure Code Sections 1240,690 and 1240,700
1 O,Assiqnment. This Conservation Easement'Deedis transferable, but Grantee may assign its
rights and obligations under this,Conservation Easement Deed only to an entity or organization authorized to
'acquire and hold, conservation easements pursuant to Civil Code Section 815,3, Grantee shall require the
assignee to record the assignment in the county where the property, is located,
11 Subsequent Transfers, Grantor agrees to. incorporate the terms of this Conservation
Easement'Deed in any deed or other legal'instrument by whichG-rantor divests itself of any interest in all or a
portion of the, Property, including, without limitation, a ieasehoidihterest. Grantor further agrees to give written
notice to Grantee of the intent to tran'sfer of any interest at leasUifteen (1'5) 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 hotice of the covenants, terms, conditions and restrictions of this
Conservation Easement Deed, The failure of Grantor or Grantee to perform any act provided in thiS section
shall not impair the validity of this Conservation Easement Deed or limit its enforceability in any way
12, Notices, Any notice; demand, request, consent, approval, or communication that either party
desires or is required to give to the other,shall be in writing and be serVed personally or sent by Jirst class mail,
postage prepaid, addressed as follows:
To Grantor'
Sdoodabeh Saghravanian
625Broadway, Ste, 1025
,San Diego, CA 92101
To Grantee:
City of Poway
City Manager
13325 Civic Center Drive
Poway, CA 92064
To Co-Beneficiaries:.
Department of Fish and,Game
Legal Affairs Division
1416 NinthS!., 12th.Floor
Sacramento, CA 95814-2090
Department of Fish and Game
South Coast Region
4949 Viewridge Avenue
San Diego, CA 92123
Attn: Regional Manager
U,S, Fi,sh and Wildlife Service
2730 Loker Avenue West
Carlsbad, CA 92008
Altn: General Counsel
Or to such other address'as either party shall designate by written notice to the other Notice shall be deemed
effective upon'delivery'in the case of personal delivery or, in the case of delivery by first ciass mail, five (5)
days after deposit into the United'States mail.
13, Extinquishment. This Conservation Easement Deed may be extinguished by Grantor and
Grantee by mutual written agreement upon the request of.either party on Iy 'after the requesting party acquires
and records aperpetuai conservation easement in the name oflhe State of California Department of Fish and
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Game at an alternative location, which provides conse(vation values that satisfy the specific mitigation
purposes of this Conservation Easement Deed as stated in'Paragraph E of recitals above,
14 Amendment. This Conservation Easement Deed may be amended by Grantor and Grantee
by mutual written agreement. Any such amendment shall be consistent with the purposes of this Conservation
Easement Deed and, except as provided in Section 13, shall not affect its perpetual duration, Any such
amendment shall be recorded in the official records of San Diego County, State of California,
15, General Provisions,
(a) Controllino Law The interpretation and performance of this ConservationEasement
Deed shall be governed by the iaws of the City of Po way and the State of California,
(b) Liberal Construction, Any general rule of construction to the contrary notwithstanding,
this Conservation. Easement Deed shall be liberally construed in favor of the deed to effect the purpose of this
Conservation Easement Deed and the policy and purpose 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 Deed that would render the provision valid shall be favored over any interpretation that would
render it invalid,
(c) Severabilitvlfa court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action shall [lot affect the remainder of this Conservation
Easement Deed, If a court of competent jurisdiction voids or invalidates the application of any provision of this
Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the
provision to other persons or circumstances,
(d) Entire Aoreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement Deed and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation EasementDeed, No alteration or variation of this
instrument shall be valid or binding unless,contained in an amendment in accordance with Section 14
(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, ttie parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property
(g) Termination olRiohts and Oblioations, A party's rights and obligations under this
Conservation Easement Deed terminate upon transfer of the party's interest in the Conservation Easement
Deed or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer
(h) Captions, The captions in this instrument have been inserted solely for convenience
of reference and are not a part of this instrument and shall have no effect upon construction or interpretation,
(i) Counterparts, The parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by both parties; 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,
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INWITNESS WHEREOF Grantor and Grantee have entered into this Conservation Easement Deed
the day'and year first above written,
GRANTOR:
Sd09dabeh Saghravariian
625 Broadway, Ste, 1025
San Diego, CA92101
Approved as to form:
BY
BY
BY
CERTIFICATE OF REGISTERED CIVIL.ENGINEER
OR PROFESSIONAL LAND SURVEYOR
This is to certify that the Conservation Easement Deed area (Property), as described in Exhibit "A"
and Exhibit "8" attached hereto, and the current title report for the subject Assessor's. parcel number first
written above have been concurrently reviewed by the State of Califomia registered civi,l engineer or
professional land surveyor thatprepared'Exhibit "A" and Exhibit '8'
CERTIFIED BY Iv! dJh11 J. I?c;;~ rkV
TITLE, V-P
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DATE,
,2001
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ALL-PURPOSE ACKNOWLEDGMENT
r.-.-.-.-._o_o_.-._o_.-.-._o_.-.-._o,
i State of California } 55. i
, County of SOv~ o-.'e~ V
i On ~'~ I ", ~'j'D \ before me, G-I..l ~ 1) I v'\-L.. G I L I i
(DATE) (NOTARY)
A personally appeared s: 60 \') 'A B & l-\ S ~ G. \\ 6<- {\ V J4N /14 N ~ X
, SIGNER(S) V
'X D ,-,./ A
, personally known to me - OR- Lkr proved to me on the basis of satisfactory V
o evidence to be the person(s) whose name(s) 0
, is/are subscribed to the within instrument and t
i acknowledged to me that helshe/they executed i
V the same in 'his/herltheir authorized V
. capacity(ies), and that by his/her/their ·
t ) ': ~ ~ ~ ^ ~ ~ ~ ~ ~ ~ ^ ^ ( signature(s) on the instrument theperson(s), t
t . ~_.., GURDIALGILL or the entity upon behalf of which the t
· ~." COMM. #13P5216 ~ person(s) acted, executed the instrument. 0
o ~ G_ t NOTARY PUBLIC-CALlFORNI.... ~
t to" ,. SAN DIEGOCOUNTY 0') t
· ~...., My Comm. E'p,,,,J""8 18. 200S V 0
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i WITNESS my hand and official seal. i
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i NOTARY'S SlGNATU i
AOlP'll'IQNAL INFORMATION
V The information below is not required'by law However. it could prevent fraudulent'attachment of this acknowl-
r :;:::::: ;=:; S:=~'IlINClPAL) DESCllll'110N OF AmcnED DOCUMENT I
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A D INDIVIDUAL A
! 0 CORPORATE OFFICER .BIOLoc..,UtL DPI3/'i ~t1F/CF t'On(,o,1/1l1ll>~
A TITLE OR TYPE OF DOCUMENT ^
, TITLE(S) ~t\"5G",,,,NT pctfD V
i 0 PARTNER(S) C <5.1<.'1'\-\'\ To \Z.- ') A
, 0 ATTORNEY-IN-FACT NUMBER OF PAGES V
i 0 TRUSTEE(S) i
. 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT .
t 0 OTHER, t
i OTHER i
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! SIGNER IS REPRESENTING OF '" !
A NAME OF PERSON(S) OR ENTITV(lES) E A
V SIGNER i V
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AP A 5/97
VALLEY SIERRA. 800-362.3369
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Conservation
Easement Deed by Sdoodabeh Saghravanian, Grantor, dated ::Sull./ I:' ,,;)00 J ,
2001 to' the City of Poway, Grantee, is hereby accepted by the undersigned officer on
behalf of the City of Poway, and on behalf of the California Department of Fish and Game
and the United States Fish and Wildlife Service as co-beneficiaries of this Conservation
Easement Deed.
GRANTEE.
CITY OF POWA Y
BY ~J~~
TITLE. Lori Anne peoPle~ ~
Authorized Representative
DATE.
J:\u B" t; i- '1
,2001
Revised:.January 2, 2001
N:IcITY\PLANNINGIFORMSIHCPMIT.cED
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EXHIBIT A
ALL THATPORTION OF THE,NORTHWEST QUARTEROFSECTION 30, TOWNSHIP 13
SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
POW AY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWES:r CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF\SAIDSECTION 30; THENCE ALONG THE WEST LINE
THEREOF NORTH 00 06' 10" WEST, 746.87 FEET, THENCE LEAVING SAID WEST LINE
SOUTH 510 08' 30" EAST, 36183 FEET; THENCE NORTH 890 IT 40" EAST 290.85 FEET,
THENCE SOUTH 30 55' 50"WEST 10900 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING NORTH30 55' 50" EAST 109.00 FEET; THENCE NORTH 640 01'
50" EAST, 270:79 FEET, THENCE SOUTH 240 13' 00" EAST 403,84 FEET, THENCE
SOUTH 12023' 40" EAST, 134.30 FEET, THENCE SOUTH 26012' 50" WEST, 143.49 FEET,
THENCE-SOUTH 110 02'50;'WE'ST 341.01 FEET TO A POINT INTHE ARC OF A 1030.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN THE NORTHEASTERLY
BOUNDARY OF THAT CERTAIN 60.00 FOOT COUNTRY ROAD KNOWN AS ROAD
SURVEY NO, 335, ALSO KNOWN AS ESPOLA ROAD, ARAI>IAL OF SAID CURVE
BEARS NORTH)30 14' 40" EI\ST TO SAID POINT; THENCENORTHWESTERL Y
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26? 41 '28", A DISTANCE OF
479.82 FEET TO THE POINT OF TANGENCY, THENCE ALONG SAID
NORTHEASTERLY BOUNDARY, NORTH 830 26' 48" WEST 36.71 FEET TO A LINE
WHICH BEARS SOUTH 160 18' ll" WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH W 18' 11" EAST 593.84 FEET TO THE TRUE POINT OF BEGINNING.
98~42
EXHIBIT B
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X---INDJCAlES' SET 6' METAL STAKE
PAINlED 'M-lllE
OPEN SPACE EASEMENT
APN 277-140-09
9842
~ER8 ENGINEERING, INC.
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EXHIBIT C
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDlNO BASE AND MERIDlAN, IN THE ClTY OF
POW A Y, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDlNG TO THE
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS
BEGINNlNG AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG THE WEST LINE
THEREOF NORTH 00 06' 10" WEST, 746,87 FEET, THENCELEAVlNG SAID WEST LlNE
SOUTH 51008' 30" EAST, 367.93 FEET; THENCE NORTH 89013' 40', EAST 290.85 FEET,
THENCE SOUTH 30 55' 50" WEST 10900 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING NORTH 30 55' 50" EAST 10900 FEET (NORTH 30 59' 44" EAST,
109.07 FEET ROSI6448); THENCE NORTH 640 07' 50" EAST 270.79 FEET (NORTH 640
09' 55" EAST 270.55 FEET ROS 16448); THENCE SOUTH 240 13' 00" EAST, 325,54 FEET;
THENCE SOUTH 810 02' 57" WEST 107.89 FEET; THENCE SOUTH 370 44' 35" WEST
168,24 FEET THENCE NORTH 780 57' 43" WEST 230.74 FEET TO THE lNTERSECTlON
WITHALlNE THAT BEARS SOUTH W 18' 11" WEST (SOUTH 16007' 30" WEST ROS
16448) FROM THE TRUE POINT OF BEGINNING;THENCE NORTH 160 18' II" EAST
(NORTH 16007' 30" EAST ROS 16448) 183 19 FEET TO THE TRUE POINT OF
BEGINNING.
98-42