Loading...
Biological Open Space Conservation Easement Deed 2001-0010148~. ?: p'f '~p rlf .' -~ . 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~ ~, " 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 i'~., . . . . 1165 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 i""-' . ,. 1166 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 ~. ?: p'f '~p rlf .' -~ . 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 . . 1169 'S(.::-=- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .~...c<'.c<'.c<"-C<'.c<'..c<'.c<'...c<'..c<'..e<'..c<'...c<'..c<'..c<'.c<',c<:'-C<',cr...c<'..G<'~..Q.'.c<'-C<'~"- - -'-:'Y.~ I I State of California I I County of SA<\ D\e~ 0 On Or1r-. ,;;)0 J .;lOOD ,before me, Date personally appeared S, \0..(\ \e~ ~ I@, - -S;R~E~.;O;S: - f Comml5slon # 1223)93 ~, Notay PUbl'lC ,Calllania I % san Diego Caunly t i_ _ _ _My~m.:.~~3l.:.~ I Place Notary Seal Above } ss, S~~~~;"d~'; ,~,~,~~l~lA,~::L&b li c 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: cO\; Top at thumb here :Q(..'9<;.~'q,;.~'(,X;: :x. 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 . . 1171 CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT ~ ~.c<'..c<'-C<'..('X'..c<'-C<'-C<",(i;<'..c<'.c<'.c<'..c<'..c<'...c<'"..c<'.c<"..c<'..c<'..c<'..c<'"...c('~,C<"~.c<'.c<:'~ .~' I State of California County of ~ D\-f5 0 } ss 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 ~--. . _ ';-g,;,'Q:,;,'C<,;.'c<;;g.;.'C<,;.'C<,;.~~'G<,;.'C(;,'g.;.'QV"'9V'Q<;.'g<,,'q<,;,'QV'g.;.~'(;.(,;,'C(,:.'g.;.'9(.."^g.;,'C<.;; - :>,-, 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 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 ," ..~ ' (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 . . 1169 'S(.::-=- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .~...c<'.c<'.c<"-C<'.c<'..c<'.c<'...c<'..c<'..e<'..c<'...c<'..c<'..c<'.c<',c<:'-C<',cr...c<'..G<'~..Q.'.c<'-C<'~"- - -'-:'Y.~ I I State of California I I County of SA<\ D\e~ 0 On Or1r-. ,;;)0 J .;lOOD ,before me, Date personally appeared S, \0..(\ \e~ ~ I@, - -S;R~E~.;O;S: - f Comml5slon # 1223)93 ~, Notay PUbl'lC ,Calllania I % san Diego Caunly t i_ _ _ _My~m.:.~~3l.:.~ I Place Notary Seal Above } ss, S~~~~;"d~'; ,~,~,~~l~lA,~::L&b li c 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: cO\; Top at thumb here :Q(..'9<;.~'q,;.~'(,X;: :x. 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 .' , 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. ~- -. CERTIFIED BY TITLE. DATE. I Q /2-~/rJO 7 . . 1171 CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT ~ ~.c<'..c<'-C<'..('X'..c<'-C<'-C<",(i;<'..c<'.c<'.c<'..c<'..c<'...c<'"..c<'.c<"..c<'..c<'..c<'..c<'"...c('~,C<"~.c<'.c<:'~ .~' I State of California County of ~ D\-f5 0 } ss 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 ~--. . _ ';-g,;,'Q:,;,'C<,;.'c<;;g.;.'C<,;.'C<,;.~~'G<,;.'C(;,'g.;.'QV"'9V'Q<;.'g<,,'q<,;,'QV'g.;.~'(;.(,;,'C(,:.'g.;.'9(.."^g.;,'C<.;; - :>,-, 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 ;./ . '. . . 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 . . 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