Conservation Easement Deed 2000-0117234
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DOC '~'2000-0117234
RecordIllg Request By )
)
CITY OF POWAY )
)
When Recorded Mail to )
)
CITY CLERK )
CITY OF POWA Y )
PO BOX 789 )
POW A Y CA 92704-0789 )
)
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Mar 08. 2000 12:39 PM
OffICIAL RECORDS
SAN DIEGO colINTY RECORDER'S OffICE
GREGORY J. SMITH, COUNTfRECORDER
FEES: 0.00
OC: NA
3828
-1111111111111111111111111\ IIIr
2000.0117234
(This space for Recorder's Use)
CONSERV A nON EASEMENT DEED
fY)r:"~ASNTARY TRANSFER TAX $ C:>.OO
",.--,
THIS CONSERVATION EASEMENT DEED is made this ILl - day of
:J)zcC/luJ'f/L , 1999 by WILLIAM J KIMBALL AND DIANA KIMBALL TRUSTEES OF
THE WILLIAM J KIMBALL AND DIANA KIMBALL LIVING TRUST UNDER
DECLARATION OF TRUST DATED OCTOBER 29, 1999, ("Grantor"), in favor of CITY OF
POW A Y ("Grantee"), a mUl11cipal corporation, for the benefit of Grantee, with reference to the
followIllg facts
RECITALS
A. Grantor is the sole owner in fee simple of certain real property III the County
of San Diego, State of California, more particularly described III Exhibit A attached hereto and
lI1corporated by this reference (the "Property");
B The Property possesses wildlife and habitat values (collectively "conservation
values") of great Importance to Grantee, and the people of the State of Califorl11a,
C The Property provides high quality native plant habitat IIlcluding very high
quality Diegan Coastal Sage Scrub, Coastal Sage-Chapparal Scrub, Ecotonal Granitic Chapparal, and
Open Coast Live Oak Woodland, and
o The Department ofFish and Game has junsdlction, pursuant to the Fish and
Game Code Section 1802, over the conservatIOn, protection, and management of fish, wildlife, native
plants and the habitat necessary for biologically sustainable populations of those species
E, The City of Poway IS authorized to hold Conservation Easements for the
preservation ofland III its natural, historic, agricultural, forested, or open space condition pursuant
to Civil Code Section 815,3
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COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS
In consIderation of the above recital and mutual covenants, terms, conditions, and restrictions
corllaihed herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor
hereby voluntarily deeds and conveys to Grantee a conservation easement in perpetuity over the
Property
I Purpose, The purpose of this Conservation Easement is to ensure the Property will
be retained forever in a natural condition and to prevent any use of the Property that will significantiy
imparr or interfere with the conservation values of the Property Grantor, intends that this
Conservation Easement 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 conservalIon purposes of this Conservation Easement.
2. Grantee's Rights. To accomplish the purposes of thIS Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee and the State of Califorma,
Department of Fish and Game, as a third party beneficiary of this Conservation Easement Deed.
(a) To preserve and protect the conservalIon 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 ofthis Conservation Easement and for scienlIfic
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 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;
(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 nghts
3 Prohibited Uses: Any actiVIty on or use of the Property inconsistent with the purposes
of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the
following uses by Grantor, Grantor's agents, and third parties, are expressly prohibited.
(a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible fire protection activities and any and all other uses which may adversely affect
the purposes of this Conservation Easement;
(b) Use of off-road vehicles;
(c) Grazing or surface entry for exploration or extraction of minerals;
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&830
(d) E~l:cting of any building, billboard, ,sign;
(e) D~positing of soil, trash, ashes; garbage, wast'e,bio-solids 'or any other
material;
(t) Excavating, dredging or removing ofloam; gravel, soil, rock, sand or other
material;
(g) OtherWise altering the general topography of the Property, induding building
of roads;
(h) Removing, destroying, or cutting of trees, shrubs,or other.,yegetation; except
as required by law for (I) fire breaks, (2) maintenance of existing foot 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 ;md trespass by persons whose activities maydegrade'or harm the conservation vall!es
ofthePrope~ty" In addition, Grantor shall undertake all necessary actions to 'perfect Grante,e's rights
underseciion 2 of this ConserVation Easement, induding but not limited 'to, Grantee:swater,rights.
5 ,Reserved Rights, Grantor reserves to itself"and toitsPl:rsonal represe'ntatives,heirs,
successors"and'assigns; all rigbts,accruing from its ownership of the Property, iridudtng 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.
6. . Grantee's Remedies" If Grantee determines,that Grantor is in violation:ofthe terms
6fthis Conservation Easemlilnto,rth!!t a violation isthreatehed, Grantee shall give written notice to
Grantor of such violation and,demand in writing the cureofsuch violation. GranteeshalIalsonotifY
the California Department ofFish <inpGame. 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 Grantor failsto,begin the cure within the fifteen (15)days
period or fails to continuediligenilyto complete the cure, 'Graniee'may bring an action at law or in
equityin'ilcourtiof competent Jurisdiction to enforce complianc;e py Grantor with the terms,6f' this
ConselNationEasement, to recover any damages to which, Grant,ee may be entitled for.vi()lation by
Grantor of the terms of this Conservation Easement, to enjoin'the violation, ex parte as necessary,
by temp6raryorpermanent injunction'without the necessity of proving either actual damages or the
inadequacy ofotherwiseavmlable legal remedies, or for other equitable relief, induding, 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
recoveI:ed to the cost ,of undertaking any corrective action, on the,Property
IfGrimtee; in'its"sble discretion, determines, that circumstances require immediaieac;tionto
prevent or mitigate ,significant damage to the conservation values of the Property, 'Grantee may
purs.u,eitNeIflediesunder1his paragraph without prior notice to Grantor or without ""aiting for the
period provided for cure'to,expire, Grantee's rights,underthis p,aragraph apply equally to actual or
threatened vioiations,ofthe terms of this Conservation Easemeni.'Grantor agrees that Grantee's
reinediesatlilwfor,iiriy violation of the terms of this Conservation Easement are inadequate and that
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Grautee shall be entitled to the injunctive relief described in this section, both prohibilive and
mandatory, in addition to such other relief to which Grantee may be entitled, mcluding specific
performance of the terms of this Conservation Easement, without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
described III this section shall be cumulative and shall be m 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, el seq., inclusive.
I f 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, 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 has standing as interested parties in any proceeding
affecting this ConservatIOn Easement.
6 I Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms
of this Conservation Easement 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 shall be borne by Grantor
6,2 Grantee's Discretion, Enforcement of the terms of this Conservation Easement
by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights
under this Conservation Easement in the event of any breach of any term of tills Conservation
Easement 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 or of any of
Grantee's rights under this Conservation Easement. 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 watver
6.3 Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shaU be construed to entitle Grantee to bring any action against Grantor for any injury to
or change m the Property resulting from causes beyond Grantor's control, including, without
lilllitatlon, 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,
64 Department ofFish and Game Right of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by
the Department ofFish and Game
7 Fence Installation and Maintenance. The Grantor shall construct and maintain in
perpetuity a perimeter fence at the interface between the conservation easement boundary and the
area proposed for the development of a single-family home located at the easterly edge of the
property and south of Westview Road. The purpose of the perimeter fence shall be to preclude
disturbance of the sensitive habitat within the adjacent conservatIOn easement area and to limit access
of humans and domestic animals. The specific location and type of the reqUired perimeter fence shall
be determined by the City of Poway Development Services Department in consultation with the
Poway Fire Marshal at the time the Grantor submits an application to develop the proposed homesite.
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The perimeter fence shall be installed prior to the City's issuance of a clearing and/or grading permit
for the development of the proposed homesite.
8 Access This Conservation Easement 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 I 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 ofthis Conservation
Easement. and shall furnish Grantee with satisfactOl)' evidence of payment upon request.
9.2 Hold Harmless, Grantor shall hold harmless, indemnify, and defend Grantee
and Califorrua Department of Fish and Game, and their directors, officers, employees, agents,
contractors, and representatives (collectively "Indemnified Parties") from and against all iiabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments,
including without limitation, reasonable attorneys fees, arising from or in any way connected with.
(I) mjUl)' 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 I, and (3) the existence or administration of this Conservation Easement.
9,3 Condemnation. The purposes of the ConservatlOn Easement 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 Assignment. Grantee may assign its rights and obligations under this ConservatIOn
Easement only to an entity or organization authorized to acquire and hold conservation easements
pursuant to Civil Code Section 8 15.3 and only with prior written consent of the California
Department of Fish and Game. Grantee shall require the assignee to record the assignment m the
county where the property is located,
I ] Subsequent Transfers, Grantor agrees to incorporate the terms of this Conservation
Easement 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 any interest at least fifteen (J 5) days prior
to the date of such transfer Grantee shall have the right to prevent subsequent transfers in which
prospective subsequent claimants or transferees are not given notice of the covenants, terms,
conditions and restrictions of this Conservation Easement. The failure of Grantor or Grantee to
perform any act provided in this section shall not impair the validity of th1s Conservation Easement
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:
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To Grantor' William J Kiinballarid bianaKimball, Trustees
1315 Caminltotalira,
Encinitas, CA 92024-7003
To Grantee' City of Po way
City Manager
Civic Center Drive
PO Box 789
Poway, CA 92074-0789
With copies'to California DepartmenvofFish and Game
South Coast Region
4949 Viewridge Avenue
San Diego, CA 92123
Attn: Regional Manager
and
California Department ofFish and Game
Legal Office
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Attn, General Counsel
or to such other address as either party shall designate by written notice to the other Notice shall
be deemed e~ective 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 Amendment. This Conservation Easement may be amended by Grantor and Grantee
by mutual written agreement. Any such amendment shall be consistent with the purposes of this
Conservation Easement and shall not affect its perpetual duration. Any such amendment shall be
recorded in the official records of San Diego County, State,of California.
14 General Provisions.
(a) Controlling Law The interpretation and performance of this Conservation
Easernent shall be governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberafIy construed in favor of the deed to effect
the purpose of this Conservation Easement and the'policy and purpose of Civil Code Section 815,
et seq. If aq.y provision in the instrument is foundto be ambiguous, an interpretation consistent with
the purposesofthis,CQ.nservation Easement that would render the provision valid shall be favored
over any interpretati~n 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 shall not affect the remainder pf
this Conservatiqn Easement Deed. If a court of competent. jurisdiction voids or invalidates the
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3834
application any provision of this Conservation Easement to Deed to a person or circumstance, such
action shall not affectthe application of the provision to other persons or circumstances
(d) Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement. No alteration or varial10n of
this instrument shall be valid or binding unless contained in an amendment in accordance with Secl10n
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 thereto
and their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetUity with the Property
(g) TermInation of Rights and Obligations. A party's rights and obligatIOns under
this ConservatIOn Easement termInates upon transfer of the party's interest in the Conservation
Easement 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 shaH have no effect upon
constructIOn or interpretation.
(i) Counterparts, The parties may execute this instrument in two or more
counterparts, whtch shall, in the aggregate, be signed by 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 shaH be controlling.
IN WITNESS WHEREOF Grantor and Grantee have entered into this Conservation
Easement the day and year first above written,
GRANTOR.
Approved as to form
WILLIAM ] KIMBALL AND DIANA
KIMBALL, TRUSTEES OF THE WILLIAM
J KIMBALL AND DIANA KIMBALL
LIVING TRUST UNDER DECLARATION
OF TRUST DATED OCTOBER 29, 1992
BY
~5;A_
ANN S MALCOLM
DEPUTY GENERAL COUNSEL
BY
B~{/~
ST~PIjE:N M ECKIS:
cnV ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On December /'-/ 1999, before me, !h-rR./t"'.,,"I A R"o.5f....L-l-, Notary Public, personally
appeared WILLIAM KIMBALL personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the withm instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and offiClal seal
~::;- PATRICIA A RUSSElL
- - Commrsslon IP 11668 I 0
g "";~jcny PubITc - CalifornIa f
, Son DIego Counfy -
. MyCornm. Exp/resJan.ro,am
( ~Z{_u'a', OC~"'.4~
Signattlre of Notary Public
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CERTIFICATE OF ACCEPTANCE
3836
This is to certifY that the interest in real property conveyed by thIS Conservation
Easement Deed by William J Kimball and Diana Kimball, Trustees of The William J Kimball and ':st~
Diana Kimball Livmg Trust Under Declaration of Trust Dated October 29, 1992, dated Deeamber ~~
1: ').DCO ,~to the City of Po way, Grantee, is hereby accepted by the undersigned officer on behalf
/ of the City of Poway
GRANTEE
CITY OF POW A Y
B
Title Jar
Aut"lmRz Representative
Date ~~ 4, ;~~9~
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CONSERVATION EASEMENT
3837
LEGAL DESCRIPTION
ALL,T8AT PORTION OF LOTS3AND 4 OF SECTION 4, TOWNSHIP 14 SOUTH RANGE 1
WEST; SAN BE'RNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT 'THEREOF
DESCRIBED AS FOLLOWS: '
PARCEL 1
BEGINNING AT A POINT ON TH,E WESTERLY LINE OF SAID LOT 4 DISTANT THEREON
SOUTH 0059'30" EAST 800,qO. FEET FROM THE NORTHWEST CORNER THEREOF
THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 4S0U:rH
--,-- .. ., '.
89041'40" EAST 40000 FEE"[, THENCE NORTH 13007'04" EA,ST8;Z0.22 FEE,TTO A POINT
ON THE NORTIjERLY LINE OF SAID LOT WHICH IS DISTANT THEREON SOUTH 89~41'40"
EAST 600.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT 4, THENCE ALONG
THE NORTHERLY LINE OF SAID'LOTS 3 AND 4, SOUTH 89"4.1"lO" EAST 134749 FEET TO A
POINT ON THE WESTERLY LINE OF A 6000 FOOT WIDE EASEMENT FOR ROAD AND
UTILITY PURPOSES AS qE~gRI[3ED IN PARCEL 37 OF DEED' TO SALLY R. WIXTED AND
ANDREW PAVELCHEK RECORDED NOVEMBER 25, 1996 ,AS DOCUMENT NO 1996-
0595654 OF OFFICIAL RECORDS, SAID POINT BEING 'ON A CURVE CONCAVE
SOUTHEASTERLY, EAsTE R'-CY, Ai,fb NORTHEASTERL Y HAVING,A RADIUS OF 130:00, FEET
TO WHICH A RADIAL LINE BEARS NORTH 44033'33" WEST,THENCE LEAVING SAID
NORTHERLY LINE ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 91055'27" A DiSTANCE OF 208.57 FEET, THENC;E SOUTH 46"29'00"
EAST 148,53 FEET, THENCE SOUTH 7"10'23" EAST 205.34 FEET TO THE NORTHERLY
LINE OF A 6000 FOOT WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES AS
DESCRiBED IN PARCEL 36 OF SAID DEED TO WIXTED AND PAVELCHEK, THENCE
ALONG SAID NORTHERLY G1NE, SOUTH 85"41'00" WEST 264 40 FEET, THENCE smiTH
74"55'00" WEST 65595 F'EET, TH,'ENCE SOUTH 51"15:00"WEST20466 FEET, THENCE
. . .~ -
SOUTH 33"43'00" WEST364'37 FEET, THENCE SOUTH 25610'00" WEST 380 15 FEET TO
THE SOUTHERLY LINE OF SAID LOT 4, THENCE LEAVING;SAiDNORTHERL YLlNEALONG
SAID SOUTHERLY LINE, NORTH 89"15'00" WEST 636,75 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 4, THENCE ALONG THE WESTERLY LINE. OF SAID Lcd 4, NORTH
0059'30" WEST 661 02 FEE:TTO THE POINT OF BEGINNING
PARCEL 2:
BEGINNING ,AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE
EASTERLY LINE OF SAiD LOT, SOUTH 0054'55" EAST 50592 FEET TO THE NORT8ERL Y
LINE OF ,SAID 60.00 FOOt WIDE EASEMENT AS DESCRiBED IN:SAID PARCEL 36 OF DEED
TOWIXTED AND PAVELCHEK, THENCE ALONG SAID NORTHERLY LINE, NORTH~9oj6:00"
WEST 146,81 FEET; THENCE SOUTH 88051'00" WEST 37942 FEET TO THE EASTERLY
LINE OF SAiD 60 00 FootwhJE EASEMENT AS DESCRIBED IN SAID PARCEL 37 o'F DEED
TO WIXTED AND PAVELCHEK, THENCE LEAVING SAID NORTHERLY LINE ALONG 81\18
EASTERLY LINE, NORTH 7010'23" WEST 231 31 FEET: THENCE NORTH 46029'00" WEST
16997 FEET TO THE BEGiNNING OF A CURVE CONcAVE NORTHEASTERLY, EASTERLY
ANo'SOUTHEASTERLY HAVING A RADIUS OF .7000 FEET: THENCE NORTHWESTERLY,
NORTHERLYAND,NORTHEASTERL Y ALONG SAII\l CURVE'THROUGHA CENTRAL ANGLE
OF 936.04:00:: A DISTANCE OF 11370 FEET, THENCE NORTH,46035'OO" EAST 60,12, FEET
TO THE NORTHERLY LINE OF SAID LOT 3; THE'NCE LEAVING SAID EASTERLY LINE
ALONG,SAlo" NORTHERLY LINE, SOUTH 89"41'40" EAST 623.89 FEET TO THE POINT OF
BEGINNING.
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3838
PARCEL 3:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF 'SAIDlOJ;S3 AND 4 DISTANT
THER,E~N N_s5:RTH 89'15'00" WEST 1203.98 FEET FROM THE SOUTHEAST CORNER
THEREOF, THENCE ALONG SAID SOUTHERLY L1N( NORTH 89'15'00" WEST 750.10 FEET
TO THE'SO,uuiEASjEFfi;,y LINE OF SAID 60.00 FOOT WIDE EASEMENT AS DESCRIBED IN
SAI8PARCEL 36 OF ~E:E.bTO WIXTED AND PAVELCHEK, THENCE LEAVING SAID
SOUTHERLY .tINE ALONG SAIDSOlJTHEASTERL Y LINE, NORTtJ 25'10'00" EAST ~4842
FEET, THENCE NORTH '33'43:00" EAST 350.63 FEET; THENCE NORTH 51'15'00" EAST
70;0'0 FEET, THENCE LEAVlt'.JG SAID SOUTHEASTERLY L1NE,SOUTH 34'28'05" EAST
340.39 FEET, THENCE SOUIH90'OO'00" EAST 160.00 FEET;' THENCE SOUTH 0'00'00"
EAST 380.00 FEET TO THE POINTOF BEGINNING
PARCEL 4:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT" NORTH 89'15'00" WEST 380:00 FEET,. THENCE LEAVING
SAID SOUTHERLY LINE; NORTH 0'23'23" WEST 331.95 FEET, THENCE NORTH 47'24'35"
WEST 54.32 FEET, TI;JEN,CE SOlJTH 89'15'00" EAST 411 85 FEET TO THE. EASTERLY LINE
OF SAID LOT 3; THENCE ALOt'.JG SAID EASTERLY LINE, SOUTH 0'54'55" EAST 368,33
FEET TO THE POINT OF BEGINNiNG, '
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ION EASEME"f~Jl
'EO,PLAT
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SCALE 1" = 300'
PARCEL 4
(SEE SHEET 4)
3839
PARCEL 2
(SEE SHEET 2)
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S .7"10 '23''E. 205.34'
S.B5 '41'OO"W 264 40'
S.51 '15'OO"W. 204.66'
S.33'43'OO"W 364.37'
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