Biological Open Space Conservation Easement Deed 2001-0010148~. ?:
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DOG 1te2001-0010148
RECORDING REQUESTED BY'
1163
Jan
AM
08. 2001 8:22
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J.SMITH, COUNTY RECORDER
FEES: 0:00
DC: NA
CITY OF POWAY
)
)
)
)
)
)
)
)
MAIL TO:
Space-Above Line
for Recorder's Use Only
ASSESSOR'S PARCEL.NUMBER(S): '322,01 0,49
BIOLOGICAL OPENSPACECONSERVATION'EASEMENT DEED
THIS BIOI::OGICAL.OPEN SPACE CONSERVATION EASEMENT DEED (hereinafter
"Conservation Easement Deed'): .is made this 20th day of October, 2000 by the KaminskjFamily Trust
("Grantor"), in favor of the CITY OF POWAY ("Grantee'), and iri'favor of the CALIFORNIA DEPARTMENT:
OF FISH ANb GAME ("CDFG'), and the UNITED STA TES FISH AND WILDLIFE SERVICE ("USFWS'), with
reference to the foliowing facts:
RECITALS
A. Grantor is the sole owner, in fee simple, of certain real property in the City of Poway,
Co~nty of San Diego, State of Californ,ia; more particularly described in Exhibit "A" attached hereto arid
incorporated by this reference (the ;'Prope~y") and;
B. The Property possesses wildlife and habitat' values (coliectively, "conservation
values") Of great importance to Gra~tee pursuant to the adoptedCity of poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan ("Poway HCP') and companion Implementing Agreement, arid;
C. The Property provides high quality habitat for Chamise, California Sagebrush, Broom
Baccharisand other plant speCies; Scrub Jays, Coyotes, and Granite Night,Lizards,and other birds, mammals.
reptiles and amphibians; and contains ,Chaparral and disturbed Chaparral vegetation and;
o In accordance with the adopted Poway HCP and companion Implementing
Agreement,this Conservation Eas.em~nt Df!ed shall provide for.theprotection in perpetuity of the Property
In addition, the CDFGand USFWSare hereby identified and named as co,beneficiaries, of this Conservation
EasementDeed, TheDepartmenFoJ.Fish'andGame has jurisdiction, pursuanUo the Fish and Game Code
Section 1802;over the conservation. protection;.and'managementoffish, wildlife, native plants and the habitat
necessary fo] b!oIClgical,ly s\,stainable populations of those:species, and'theDepartment of Fish and Game
is:authorized to,holdeasements,for these purpClses pursuanUo Civil Code SectionB15,3, Fish and Game
Code Sectiori'1348, and other provisions of California law; and,
E. This Conservation Easement Deed provides compensation mitigation for certain
impacts of Minor Development Review Application 00,26 to cOnstruct a 4,500 square foot, two,story house
of,28 feet maximum height with 814 sqUi;jre foot garage and:horse.corri:lI on 20 acres located inthe City of
Poway, Courity of San Diego, siate of California, pursuanfto.:the cOmpensation mitigation ratios established
in the adopted'Poway HCP'and companion Implementing Agreement
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COVENJS. TERMS. CONDITIONS ANDRESTRI<IONS
1164
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 B15, et seq" Grantor hereby
voluntarily deeds and conveys to Grantee a Conservation Easement Deed in perpetuity over the Property
1 Puroose. The purpose of this Conservation Eas,ementDeed 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 Cons",rvation 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 Riahti;, 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 an'd quiet enjoyment of the Property;
@ 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 restoraticin"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, My activity on or use of the Property inconsistent with the purposes of this
Conservation EasementDeed is prohibited, Without limiting the generality of the foregoing, the following uses
by Grantor, Grantor's agents, andttliid 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;
@ 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
required by law for (1) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease.
2
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4 Grantor'sDuties, Grantor shall undertake all reasonable actions to preventthe 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 aciions to perfect Grantee's rights under Section 2 of this
Conservation Easement Deed, including but not limited to, Grantee's water rights,
5, Reserved Riahts. Grantor reserves to itself, and to its personal repr~sentatives, heirs,
successors, and assigns, all rights accruing from its ownersnip ofthe Property, including'theright to engage
in or to PElrmit 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 is in violation of the terms of this
Conservation EasementDeed or ihat a violation is threatemid, Grantee shall give written notice to Grantor
of such violation and demand in writing the cure of such vioiation. 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
Easemenl.Deedi to recover 'any. da'mages to which Grantee may be,entitied for violation by Grantor of the
terms of ihis Conservation Easement Deed, t6 enjoin the violaiion;,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 liiolation or injury Without limiting Grantor's
liability therefor, Grantee.may apply.any damages recovered to the cC)st 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 withoul'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 ofthe
terms of this Conservation Easement Deed are inadequaJe 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 eniitled..including specific. performance of the terms.of this c:onservation 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 anaw or in equity. including but not limited to, the remedies set forth in Civil Code Section
815, et seq., inclusive.
If at anytime 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 eniilyor 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,ofEnforcemenl. Any costs , incurred by Grantee in enforcing the terms of this
Conservation Easement Deed'against Grantor, inCluding, but noflimitedto, costs of suit and attomeys'Jees,
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 ofthe.ierms oflhis 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 Conservati9n Easement Deed or of any of Grantee's rights under
this Conservation Easement'Deed, No delay or omission by Grantee in'theexercise of any right or remedy
upon any breach by Grantor shall impair such right or remedy or be construed as a waiver
3
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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 conjrol, inciuding, 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 Deoartment of Fish and Game Riaht 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 Fence Installation.and Maintenance, Grantor shall install and maintain a fence between the
approved development area'of the parcel and the Conservation Easement Deed area to protect in perpetuity
the conservation' values and function of the Property The Grantor shall obtain approval by the Grantee's
Director of Development Services regarding the specific location. type and height of the fence prior to its
installation.
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 tax~s imposed upon. or incurred as a result of, this Conservation
EasementDeed, 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 (collectively "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.lo 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,
9.3 Condemnation. 'The purposes of the Conservation Easement Deed are presumed
to be the best and most necessary public use as defined at Civii Procedure Code Section 1240.680
notwithstanding Civii Procedure Code Sections 1240,690 and 1240,700.
10. Assianment. This Conservation Easement Deed is transferable, but Grantee may assign its
rights and obligations under this Conservation Easement Deedonly'to'an entity or organization auth,orized
to acquire,and hold conservation easements pursuant to Civii Code Section 815.3. Gra'ntee shall require the
assignee to record the assignment in the county where the property is located,
11 Subseauent 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 onhe Property, including. without limitation. a leasehold interest. Grantor further agrees to give
written notice to Grantee ofthe intent to transfer of any interest'atleast fifteen (15) days prior to the date of
such transfer Grantee shalLhavelhe right to preventsubsequent,transfers in which prospective subsequent
claimants or transferees are not given notice of the covenants, terms, conditions, and restrictions of this
Conservation Easement Qee~, The faiiure of Grantor or Grantee to perform any act provided in this section
shall nol:impair the validityof,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:
4
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DOG 1te2001-0010148
RECORDING REQUESTED BY'
1163
Jan
AM
08. 2001 8:22
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J.SMITH, COUNTY RECORDER
FEES: 0:00
DC: NA
CITY OF POWAY
)
)
)
)
)
)
)
)
MAIL TO:
Space-Above Line
for Recorder's Use Only
ASSESSOR'S PARCEL.NUMBER(S): '322,01 0,49
BIOLOGICAL OPENSPACECONSERVATION'EASEMENT DEED
THIS BIOI::OGICAL.OPEN SPACE CONSERVATION EASEMENT DEED (hereinafter
"Conservation Easement Deed'): .is made this 20th day of October, 2000 by the KaminskjFamily Trust
("Grantor"), in favor of the CITY OF POWAY ("Grantee'), and iri'favor of the CALIFORNIA DEPARTMENT:
OF FISH ANb GAME ("CDFG'), and the UNITED STA TES FISH AND WILDLIFE SERVICE ("USFWS'), with
reference to the foliowing facts:
RECITALS
A. Grantor is the sole owner, in fee simple, of certain real property in the City of Poway,
Co~nty of San Diego, State of Californ,ia; more particularly described in Exhibit "A" attached hereto arid
incorporated by this reference (the ;'Prope~y") and;
B. The Property possesses wildlife and habitat' values (coliectively, "conservation
values") Of great importance to Gra~tee pursuant to the adoptedCity of poway Subarea Habitat Conservation
Plan/Natural Community Conservation Plan ("Poway HCP') and companion Implementing Agreement, arid;
C. The Property provides high quality habitat for Chamise, California Sagebrush, Broom
Baccharisand other plant speCies; Scrub Jays, Coyotes, and Granite Night,Lizards,and other birds, mammals.
reptiles and amphibians; and contains ,Chaparral and disturbed Chaparral vegetation and;
o In accordance with the adopted Poway HCP and companion Implementing
Agreement,this Conservation Eas.em~nt Df!ed shall provide for.theprotection in perpetuity of the Property
In addition, the CDFGand USFWSare hereby identified and named as co,beneficiaries, of this Conservation
EasementDeed, TheDepartmenFoJ.Fish'andGame has jurisdiction, pursuanUo the Fish and Game Code
Section 1802;over the conservation. protection;.and'managementoffish, wildlife, native plants and the habitat
necessary fo] b!oIClgical,ly s\,stainable populations of those:species, and'theDepartment of Fish and Game
is:authorized to,holdeasements,for these purpClses pursuanUo Civil Code SectionB15,3, Fish and Game
Code Sectiori'1348, and other provisions of California law; and,
E. This Conservation Easement Deed provides compensation mitigation for certain
impacts of Minor Development Review Application 00,26 to cOnstruct a 4,500 square foot, two,story house
of,28 feet maximum height with 814 sqUi;jre foot garage and:horse.corri:lI on 20 acres located inthe City of
Poway, Courity of San Diego, siate of California, pursuanfto.:the cOmpensation mitigation ratios established
in the adopted'Poway HCP'and companion Implementing Agreement
I SLtH q
01 -cC~
To Grantor'
.
Kaminski Family Trust.
Stanley and Alice Kaminski
16465 Coyote .Creek Trail
Poway. CA 92064
1167
-
, ,
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, CA95814,2090
Department of Fish and Game
South Coast Region
4949 Viewridge'Avenue
San Diego, CA 92123
Attn: Regional Manager
U,S, Fish and Wildlife Service
2730 LokElr 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.
13. Extinouishment This Conservation Easement Deed may be extinguished by Grantor and
Grantee by mutual written agreement upon iherequestof 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 EasementDeed 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 Anysuch amendment shali 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 Conservation Easement
Deed shall be governed by the laws of the City of Powayand 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) Severabilitv If a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed; such action s)1all 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.
5
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1169
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by faw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached .~~'}lf~ , tJIYJK'o AfY> _11 n f.l (\ rc
Title or Type of Document: "--UXJlXf..t'.A"l 0 ~"~ l 0Yl.l1, . 'f n./lO/f1.0.<.7 ~
Document Date: I U\ 20\ () c.:, Number of Pages: I (J
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Prod. No. 5907
Reorder: CaI!Toll.Fr&e l-1'lOO-876.6827
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CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT
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the same in l[tl;lhgr'their authorized
capacity~ and that by JUg/Rel/tI.ei,
signature(j!f on the instrument the personl8'). or
the entity upon behalf of which the person~
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Place Notary Seal Above
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:?-- ~ 0
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Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by I
Signer's Name:
D Individual
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Roorder: Call Toll-Free 1.800-876-6827
To Grantor'
.
Kaminski Family Trust.
Stanley and Alice Kaminski
16465 Coyote .Creek Trail
Poway. CA 92064
1167
-
, ,
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, CA95814,2090
Department of Fish and Game
South Coast Region
4949 Viewridge'Avenue
San Diego, CA 92123
Attn: Regional Manager
U,S, Fish and Wildlife Service
2730 LokElr 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.
13. Extinouishment This Conservation Easement Deed may be extinguished by Grantor and
Grantee by mutual written agreement upon iherequestof 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 EasementDeed 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 Anysuch amendment shali 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 Conservation Easement
Deed shall be governed by the laws of the City of Powayand 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) Severabilitv If a court of competent jurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed; such action s)1all 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.
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(d) Entire !ement This instrument sets forth the entilgreeme~ ~ t~e ~arties ,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, Nothirig 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 Riahts and Obliaations, 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 liabiiity for acts or omissions occurring prior to transfer shall survive transfer
(h) Caotions 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) Counteroarts. The parties may execute thisdnstrument in two or more counterparts,
which shall, in the aggregate, be signed by both parties; each.ciJunterpartshall 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:
Kaminski Family Trust
Stanley and Alice Kaminski
16465 Coyote Creek Trail
Poway, CA 92064
Approved as to form:
,.--.
BY
Niall Fritz, Director of e
City of PowaYi Grantee
10/20/00
opment Services
6
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.
1169
'S(.::-=-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of SA<\ D\e~ 0
On Or1r-. ,;;)0 J .;lOOD ,before me,
Date
personally appeared S, \0..(\ \e~ ~
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Comml5slon # 1223)93
~, Notay PUbl'lC ,Calllania I
% san Diego Caunly t
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Place Notary Seal Above
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K.a.m\~5.k.'. M~ AI',ce:\. KAlY\"~I<-'
Name(s}of Slgner(s}
o personally known to me
~ proved to me on the basis of satisfactory
evidence
to be the person@ whose nam~ is/I![S
subscribed to the within instrument and
acknowledged to me that ~ executed
the same in ftisIfler~ authorized
capacit~ and that by -1:lWRe~
signatur~ on'the instrument the person(gj:{or
the entity upon behali of which the person~
acted. executed the instrument.
WITNESS my hand and official seal.
~~
Slgnalureof NolaryPubhc
OPTIONAL
Though the information below is not required by faw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached .~~'}lf~ , tJIYJK'o AfY> _11 n f.l (\ rc
Title or Type of Document: "--UXJlXf..t'.A"l 0 ~"~ l 0Yl.l1, . 'f n./lO/f1.0.<.7 ~
Document Date: I U\ 20\ () c.:, Number of Pages: I (J
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer;- Title(s):
o Partner - 0 limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other'
Signer Is Representing:
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Top at thumb here
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Cl1999 N"tional Notllry Association' 9350 De SOlO Ave.. P,O. Box 2402' Chatsworth, CA 91313-2402' www.nalionalnotary.org
Prod. No. 5907
Reorder: CaI!Toll.Fr&e l-1'lOO-876.6827
.
.
1170
CERTIFICATE OF REGISTERED CIVil ENGINEER
OR PROFESSIONAL lAND SURVEYOR
k
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This is to certify that the Conservation Easement Deed area (Property), as
described in Exhibit "A" 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 surveyor that prepared Exhibit
"A" Based on this .review, it.isfurther certified that the Property is free and clear of any
other encumbrances or senior easement rights.
~-
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CERTIFIED BY
TITLE.
DATE.
I Q /2-~/rJO
7
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1171
CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT
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State of California
County of ~ D\-f5 0
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10 (; <...
personally appeared S~() r.
~G- - - - -S:ER~E ;.;O~~ - J
- Commission #122J093
~ '.. Notay Public - California I
j San Diego c::cunly E
_ _ _ _My_~m~~~~~
o fJersuIICllly Rnuwn [0 me
Dr proved to me on the basis of satisfactory
evidence
to be the person~ whose name46) @are-
subscribed to the within instrument and
acknowledged to me that~isfteIlhey executed
the same in l[tl;lhgr'their authorized
capacity~ and that by JUg/Rel/tI.ei,
signature(j!f on the instrument the personl8'). or
the entity upon behalf of which the person~
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
~jA-/f o.'~U'
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:?-- ~ 0
\D\W\OO
~~Covw. f,.,,-'U2~ ~
\\
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by I
Signer's Name:
D Individual
D Corporate Officer;- Title(s)
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other"
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top o( thumb tlere
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C 1999 N~tional NOlaryA5SOCialion. 9350 De SolO Ave.. P.O. Bo~ 2402. Chatsworth, CA 91313-2402' www,naliolllllnolary,Of!l
Prod. No. 5907
Roorder: Call Toll-Free 1.800-876-6827
;./
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1172
EXillBlT 'A'
LEGAL DESCRIPTION
EASEMENT
THAT PORTIo.N OF LOT 10F SECTION 3, TOWNSHIP 14 So.UTH, RANGE 1 WEST,
SAN BERNARDINo.MERID.lAN; IN THE CITY OF POWAY,COUNTY OF SAN DIEGO;
STATE o.F CALIFo.RNIA, MOREP ARTlCULARL Y DESCRIBED AS Fo.LLo.WS
COMMENCING ~TTHENo.RTHWEST CORNER o.FSAID SECTlo.N 3, THENCE So.UTH
89 41' 30" EAST ALONG THE No.RTHERL Y LINE OFS)\ID SECTlo.N 3 A DISTANCE o.F
362.96 FEET To.A POINToNniE EASTERLY RIGHT o.F WAY LINEo.F CALIFo.RNIA
$TATE HIGHWAY XI-SD-I98-H(STATE HIGHwAY NO. 67), sAiD Po.INTBEING THE
TRUE POlNifOF BEGINNING; THENCE CONTINUINGEASTERL Y ALo.NG SAIl)
No.RTHERLY LINE S()UTH89~1'30" EAST 823 47FEET; THENCE SOUTH 54 46"32"
WEST 160 OO'FEET, THENCE:So.UTH,.6740' 55" WEST 120,00 FEET; THENCE SOUTH 44
06' 50"WEST 150 00 FEET, THENCE No.RTHS'H4' 08" WEST, THENCE So.UTH 74 03'
44" WEST 339 75 FEEt TO. A Po.INT o.N nm EASTERLY RIGHT o.FW A Y LINE o.f
SAID HIGHWAY NO. 6TON AJ52276,Fo.o.T RADIOSCURVECo.NCAVE EASTERLY, A
RAmAL LINE TO. SAII)Po.INTBEARS No.RTH 6720'44" WEST, THENCE No.R1'IffiRL Y
ALo.NG,SAID EASTERLy RIGHT OF WAY LINE AND 1522.76 Fo.o.T RAorUS CURVE,
THRo.UGHA CENTRAL ANGLEo.F 1420' 35'" AN ARC' DISTANCE o.F 381.20 FEET TO.
THE INTERSECTIo.N WITH THE,No.R THERL YLINE o.F:SECTIo.N 3 AND THE TRUE
POINT OF BEGINNING.
TOGETHER WITH THAT Ro.RTIo.N o.F SAID Lo.T 1 OFSECTIo.N 3 LYING
NORTHERLY AND WESTERLY o.F-CALIFo.RNIA STATE HIGHWAY XI-SD-198-
H(ST A TE HIGHWAY NO 67).
o.pen Space Easement
Job No: 2245
12"05-00
Area = 4 91 Ac
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.
1173
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property cOnveyed by this Conservation Easement
Deed by Kaminsky Family Trust
, Grantor, dated _
October 20
, 2000, 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 ofthis Conservation Easement Deed.
GRANTEE.
CITV OF POWA V
Dated: January 5, 2001
By' ci?~~ ~~e-~(}LD.
Lori Anne Peoples, City Clerk
Authorized Representative
8