Biological Open Space Conservation Easement Deed 2001-0413085
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HCC'ORDL.:::) RE()UEST OF
First Americtlll Title
SLlI3J)]VISJON MAI'I'Ij\{j DEI'T
Recordirfg Requested By'
CITY: OF POWAY
Jun ;19. 2001 4~59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
When recorded, mail to:
City Clerk
CITY OF POWAY
Post Office Box 789
Poway, CA 92074-0789
15710
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2001,0413085
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SPACE ABOVE LINE FOR RECORDER'S USE ONLY
ASSESSOR'S PARCEL NUMBER(S), 325-010-09 and 325,010,12
BIOLOGICAL OPEN SPACE CONSERVATION EASEMENT DEED
THIS BIOLOGICAL OPEN SPACE CONSERVATION EASEMENT DEED (hereinafter
"Conservation Easement Deed") is made this 14th day of Mav ,20 01 by
JPII-Poway Views, LLC, Owner c/o Judd Partners II, LLC, Manager ("Grantor"), in favor of the CITY OF
POW A Y ("Grantee"), and in favor ofthe 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" (legal description) and
Exhibit "B" (easement plat) attached 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 for [list plant and/or animal species] and
contains [list habitats, native and/or non-native], 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, the CDFG and USFWS are hereby identified and named as co-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 management offish, 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, This Conservation Easement Deed provides compensation mitigation for certain
impacts from Tentative Tract Map 00-01, a proposal to subdivide a 48,1 acre property located at the southerly
terminus of Stowe Drive and Kirkham Way, into five lots, The property is located in the City of Poway, County
of San 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
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, ef 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 that 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 inconsistent with 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 adverseiy 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;
(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
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required by law for (1) fire breaks, (2) maintenance of existing foot trails, City-approved recreational trails, or
roads, or (3) prevention 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 Dr harm the conservation values of the Property In
addition, Grantor shall 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 Easement Deed,
6 Grantee's Remedies, If Grantee determines that Grantor isin violation of the terms of this
Conservation Easement Deed or that a violation is threatened, Grantee shall 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 Grantor with 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 actuai 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 therefor,
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 cure to
expire, Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of
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 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 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 Easement Deed has standing as interested parties in any proceeding affecting this Conservation
Easement Deed,
6 1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
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Conservation Easement Deed 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 Deed 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 of 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 Beyond 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, fiood, 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,
64 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,
7 Metal Fence Stake Installation and Maintenance, In order to identify and demarcate the
boundaries of the Conservation Easement Deed area (Property) within (specify APN or map and lot number) ,
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
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
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. 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, agents, contractors, and representatives (coilectively "Indemnified Parties")
from and against all liabilities, penaities, 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
4,9, and 9 1, and (3) the existence or administration of this Conservation Easement Deed,
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9,3 Condemnation, The purposes of the Conservation Easement Deed are presumed to
be the 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
10 AssiQnment. This Conservation Easement Deed is 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 which Grantor divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written
notice to Grantee of the intent to transfer of any interest at least fifteen (15) 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 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 first class mail,
postage prepaid, addressed as follows:
To Grantor'
JPII-Poway Views, LLC, Owner
c/o Judd Partners II, LLC, Manager
7955 Dunbrook Road, Suite B
San Diego, CA 92126
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 Ninth Street, 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 Fish ai1d Wildlife Service
2730 Loker Avenue West
Carlsbad, CA 92008
Attn, 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 class mail, five (5)
days after deposit into the United States mail.
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13, Extinquishment. This Conservation Easement Deed may be extinguished by Grantor.and
Grantee by mutual written agreement upon the request of either party only after the requesting party acquires
and records a perpetual conservation easement in the name of the State of California Department of Fish and
Game at an alternative location, which provides conservation 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) Controllinq Law The interpretation and performance of this Conservation Easement
Deed shall be governed by the laws 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) Severability 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 Deed and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement Deed, 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, the 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 of Riqhts and Obllqations, 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
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(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,
IN WITNESS WHEREOF Grantor and Grantee have entered into this Conservation Easement Deed
the day and year first above written,
GRANTOR:
JPll,Poway Views, LLC, Owner
c/o Judd Partners II, LLC, Manager
7955 unbrook Road, Suite B
S ,\
an Ie, 92126
Approved as to form:
BY
Jud
BY
,~'
nt Services
za, Jr., Cs r.1GlKl:a~gr
~..L
Niall Fritz, Director of Develop
City of Poway, Grantee
BY
Joh
""-""""l\~~
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 "B" 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 California registered civil engineer or
professional land sury.ey6r \t>a prepared hibit "A" and Exhibit "B" Based on this review, it is further certified
that the Property)s'free and ? f ther encumbrances or senior easement rights,
CERTIFIEd~~// ,
TITLE, I..\. 0\..1"\"'1<-, ~CE. 339e,':l f'a~ c..R"IG"P->Ul..\\l,L\I,S ~ ~TEl..nY-\l~
DATE, I\?~I'- 23, -Zoo\
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STA TE OF C .\L1FORNIA
San Diego
COIINTl OF
On ()'1-~!, J.m L before me,
DATE
PatnCla D Groves, Notary PublIc
NAME, TITLE OF OFFICER, E,G.. JANE DOE, NOTARY PUBLIC"
personally appeared, Jllrld G bh.lfl/1,,,')r, ~,Jnhn if. , D.\\avd
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/e;ubscribed to the within instrument and acknowledged to me that he/~
~~)executed the same in his/her8 authorized capacity(ies), and that by his/her~
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
-
- - -
OFFICIAL SEAL 1
'. PATRICIA 0 GROVES
NOTARY PUBLlC,CALlFORNIAi!l
COMM, NO, 1215809 -'"
SAN OIEGO COUNTY
MY COMM, EXP APR. 12, 2003
~~-A ;~I" JQ ,1:M[1qY
NOTARY PUBLIC SIGNATURE
(SEAL)
~
OPTIONAL INFORMATION
~_./f~Y~-'!.:f:~:..:
.,;r::,...- ........
~....'...: ....::,.'
D.\TE UF DOCUMENT
fo.~ern eJ
Deed
TITLE OR TYPE OF DOCUMENT
NUMBER OF Po\GES
SICNER,S, 0THER THAN NAMED ABOVE
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in'real property conveyed by this Conservation Easement Deed by
JPI I - Poway Views, ue ,Grantor, dated May 14 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 POWAY
BY Q~~~
TITLE, Lori Anne Peoples, City Clerk
Authorized Representative
DATE, June 19, 2001
Revised: January 2, 2001
N:ICITYlPLANNINGIFORMSIHCPMIT,CED
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EXHIBIT "A"
LEGAL DESCRIPTIO N
PARCEL 1- BIOLOGICAL CONSERVATION EASEMENT
THAT PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE BOUNDARY
ADJUSTMENT NO 99,10, IN A DOCUMENT RECORDED NOVEM,BER 3, 1999 AS FILE NO
1999,0735323 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 4, WHICH IS THE MOST
SOUTHERLY CORNER OF PARCEL 1 OF PARCEL MAP NO, 16103, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 31, 1990, AS FILE NO 90,
296630; THENCE ALONG THE EASTERLY LI NE OF SAID PARCEL 4"COMMON WITHSAI D
PARCEL 1 OF PARCEL MAp NO 16103, NORTH 00'17'20" WEST (RECORD' N, 00'17'33"
W PER SAID PARCEL MAP NO 16103) 355,03 FEET TO A POI,NT ON THE SOUTHERLY
EASEMENT LINE OF THE 12 FEET WIDE SAN DIEGO GAS AND ELECTRIC COMPANY
EASEMENT PER DEED RECORDED APRIL 19, 1956 IN BOOK 6066, PAGE 396 OF
OFFICIAL RECORDS, THENCE CONTINUING ALONG SAID COMMON LINE, NORTH
00'17'20" WEST 12,16 FEETTO A POINT ON THE NORTHERLY EASEMENT LINE OF SAID
SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT, SAID POINT BEING THE TRUE
POINT or BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH
00'17'20" WEST 10339 FEET; THENCE LEAVING SAID COMMON L1NE,SOUTH
71 '04'36" WEST 35,35 FEET, THENCE NORTH 57'36'11'; WEST 259 45 FEET, THENCE
SOUTH 80'04'10" WEST 27698 FEET, THENCE NORTH 44'47'31" WEST 156,21 FEET,
THENCE SOUTH 44'47'46" WEST 46000 FEET, THENCE NORTH 46'09'07" WEST
309,86 FEET, THENCE NORTH 34'59'39" EAST 248,00 FEET, THENCE NORTH
49'32'29" WEST 18904 FEET TO A POINT ON THE EASTERLY EASEMENT LINE OF THE
24 FEET WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT PER .DEED
RECORDED DECEMBER 24, 1998 AS DOC, NO 1998,0847358 OF OFFICIAL RECORDS,
THENCE ALONG SAID EASTERLY EASEMENT LINE, SQUTHOO'30'07" WEST 69741
FEET, THENCE SOUTH 00'12'53" WEST 14,20 FEET TO A POINT ON THE
AFOREMENTIONED NORTHERLY EASEMENT LINE OF THE 12 FEET WIDE SAN DIEGO GAS
AND ELECTRIC COMPANY EASEMENT, THENCE LEAVING SAID EASTERLy EASEMENT
LINE OF SAID 24 FEET WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT, AND
ALONG SAID NORTHERLY EASEMENT LINE OF THE 12FEET WIDE SAN DIEGO GAS AND
ELECTRIC COMPANY EASEMENT, NORTH 80'18'20" EAST 1208,51 FEET TO THE TRUE
POINT or BEGINNING.
SAID PORTION OF LAND HAS AN AREA OF 7 498 ACRES, MO
PREPARED "", ~
CRAIG. BULTHUIS & STELMAR
CI\1L ENGINEERS ,... lAND' SURVEYORS - LAND PLANNERS
2611 ADAMS AVE., SAN-DIEGO, CA.B2116 (61S) 297-3974
DATE YAV 7, 2IXl1 w.o., 8lHK9
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EXHIBIT "A"
LEGAL DESCRIPTIO N
PARCEL 2 - BIOLOGICAL CONSERVATION EASEMENT
THAT PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE BOUNDARY
ADJUSTMENT NO 99,10, IN A DOCUMENT RECORDED NOVEMBER 3, 1999 AS FILE NO
1999,0735323 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 4, WHICH IS THE MOST
SOUTHERLY CORNER OF PARCEL 1 OF PARCEL MAP NO 16lCi3, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 31, 1990, AS FILE NO 90,
296630; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SOUTH 78013'57"
WEST (RECORD' N, 78'13'45" E, PER SAID PARCEL MAP NO 16103) 540,29 FEET;
THENCE SOUTH 63046'04" WEST (RECORD' N, 63'45'52" E, PER SAID PARCEL MAP NO
16103) 742,95 FEET TO POINT ON THE EASTERLY EASEMENT LINE OF THE 24 FEET
WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT PER DEED RECORDED
DECEMBER 24, 1998 AS DOC NO 1998,0847358 OF OFFICIAL RECORDS, THENCE
LEAVING SAID SOUTHERLY LINE OF PARCEL 4 AND ALON9 SAID EASTERLY EASEMENT
LINE, NORTH 00012'53" EAST 590,08 FEET TO A POINT ON THE.,SOUTHERL Y LINE OF
THE 12 FEET WIDE SAN DIEGO GAS AND ELECTRIC COMPAi\JY EASEMENT PER DEED
RECORDED APRIL 19, 19561N BOOK 6066, PAGE 396 OF OFFICIAL RECORDS; THENCE
ALONG SAID SOUTHERLY EASEMENT LINE, NORTH 80018'20" EAST 1208,62 FEET TO A
POINT ON THE EASTERLY LINE OF SAID PARCEL 4, COMMON WITH SAID PARCEL 1 OF
PARCEL MAP NO 16103; THENCE LEAVING SAID SOUTHERLY EASEMENT LINE, ALONG
SAID COMMON LINE, SOUTH 00017'20" EAST (RECORED: N, 00'17'33" W PER SAID
PARCEL MAP NO 16103) 355 03 FEET TO THE POINT OF BEGINNING.
SAID PORTION OF LAND I'!AS AN AREA OF 11.794 ACRES, MORE OR LESS,
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CRAIG. BULTHUIS & STELMAR
Cl\1L .ENGINEERS'.,- LAND SURVEYORS - LAND,.PLANNERS
2611 ADAMS AVE., SAN DIEGO, CA. 92116 (619) 297-3974
DATE WAY J. 2001 w,o., 91-018
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