Conservation Easement Deed 2008-0632791
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- - DOC # 2008-0632791
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RECORDING REQUESTED BY: DEe 11 2008
CITYOFPOWAY , 4:17 PM
OFFICI,IIL RECORDS
WHEN RECORDED MAIL TO' '50,:'1 DI_W;' C~'UNT,( RECORDER',,; OFFICE
fVq ,. l~,E'"UR; ,.I, ",I,,'IITH, COUIH\' RECuR['ER
FEeS U,OO
I CITY CLERK OC NA
\\ CITYOFPOwAY c.q~~ PAGES: II
,fJ< POBOX 789 "OJ
'iJ1f "" POWA YCA9207 4-0789 11111111111I 111111111111111 111111111111111 1111I11I1111111 11111 1111I1111I11111111
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APN: 278,210-31 "" Space Atlov" Line for Recorder's Use Only
HABITAT IMPACTMITGATION,FOR MDRA 07,52
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVA T10NEASEMENT DEED,is made this 4"tl\ daX of _~P,dL- 2008,
by George Robert Meyer, Trusteeofthe George,Rooert Meyer 2004 Family Trust, Dated March 10, 2004,
a Revocable Living Trust "Grantor",), in favor of City of Poway ("Grantee"), acting by and through its
Development Services Department, with refe'rence to the following facts,
RECITALS
A Grantor is the sole owner in fee simple of certain real property in the City of Po way,
County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "8"
attached hereto and incorporated bY this reference (the "Property"),
8, The Property possesses wildlife,and habitat values (collectively, "conservation valu",s:') of
great importance to the Grantee, the people of the City of Poway, the people of the State of California,
ana the people of the United States,
C. The Property provides'Mixed Chaparral, which. is valuable habitat per the poway S~barea
Habitat Conservation Plan. Conservation of this property therefore 'will preserve habitat ola valuable
habitat.
D. The. City of Poway is authori?ed to hold conservation easements for t~e pr,eserv?tion, of
land in its natural, scenic, agricultural, historical, forested, or open space condition, The City of Poway
has authority to hold easements for these purposes pursuant to Caliiornia Civil Code Section,81'5!3(b}
E. The State of California, by and through its Department of FiSb and Game (CDFG),h"s
jurisdiction, pursuant-to CDFG CodeBection 1802, over the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those
species.
F, The, United States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation, protection, restoration, enhancement and management: of fish, wildlife and native plants
and the. habitats on which :they'depemd under'the Endangered Species,Act, 16 U,S,C, Section 1531 et
seq. (ESA), the Fish 'and Wildlife Coordination Act, 16 U,S,C, Sections 661-666c and other applicable
laws.
G, This .Conservation Easement provides protection for ,0.46 acres of land that contains
Mixed Chapa'rral habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP
Foc'used' Planning Area,
o'g~1<j3
Conservation Easement Deed 6334
Page 2
H Grantor intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with ,Covenants, Terms, Conditions and Restrictions
contained herein, The Property will be used to satisfy a portion of'the'1 ,58-acre habitat impact mitigation
requirement for Minor Development Review Application 07-52 involving APN 321-110-05,
I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein
and to preserve and to protect in perpetuity the conservation values of the property in accordance with
the terms of this Conservation Easement for the benefit of this generation and the generations to come.
COVENANTS. TERMS, CONDITIONS AND RESTRICTIONS
In ,consideration of the above r",citals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuantJo 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 of the nature and character and to the extent hereinafter set forth ("Easement"),
1. Purpose. The purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially
impair 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 conservation purposes of this Conservation Easement.
2. Riqhts of Grantee. To accomplish the purposes of this Conservation Easement, Grantor
hereby grants and conveys the following rights to Grantee and the State of California Department of Fish
and Game as a third party beneficiary ofthis easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the conservation values of the Property in
accordance with this easement;
(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, including' Grantor's
obligation to manage the property' consistent with Grantor's duties as set forth in Section 4, and for
scientific research and interpretive purposes by Grantee or its designees; and CDFG and its designees.
(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 sustain the biological
resources of the Property; and
(e) To enforce by means including, injunctive relief, the terms and conditions of the
Easement.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat
conservation purposes of this Conservation Easement and not specifically reserved as a right of Grantor
is prohibited, Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's
agents, and third parties, ate expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plan/NCCP.
Conservation ,Easement Deed 6335
Page 3
(a) Unseasonable 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; except vehicles used for property maintenance required
by the City of Poway, and. then only over existing roads;
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, or sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other
material;
(I) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property;
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for: (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease;
(h) Planting of trees or other vegetation except by written permission from the City of
Poway,
4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful
entry and trespass by persons whose activities may degrade or harm the conservation values of the
Property. In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under
Section 2 of this Conservation Easement. Grantor further covenants that maintenance of the Property, to
wit: clean up of all trash and debris, shall.be the Grantor's responsibility.
5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights ,accruing from its ownership of the Property, including the right to
engage in or to permit or invite others to engage in all uses of the Property that are consistent with the
purposes of th is Conservation Easement.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of
this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor
of such violation and demand in writing corrective action sufficient to cure the violation. Grantee shall
also notify the California Department of Fish and Game. If Grantor fails to cure the violation within thirty
(30) days after receipt of said written notice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) 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 the terms of this Conservation Easement, to recover any
damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation
Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without
the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies,
or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in
which it existed prior to any such violation or injury. Without limiting Grantor's liability therefore, Grantee
may apply any damages recovered to the cost of undertaking any corrective action on the Property,
If Grantee, in its sole discretion, determines that circumstances require immediate action
to preventor mitigate significant damage to the conservation values of the Property, Grantee may pursue
its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided
for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations
Conservation Easement Deed 6 6
Page 4 3 3
of the terms of this Conservation Easement. Grantor and :Grantee agree that Grantee's remedies for any
violation of the terms of this Conservation Easement is the injunctive relief described in this section, both
prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including
specific performance of .the'terms of this Conservation Easement in. each case, without the necessity of
proving either actual damages or' the inadequacy of otherwise available legal remedies. Grantee's
remedies described in this section shall be cumulative and shall be in addition to all remedies now or
hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code
Section 815, et seq., inclusive,
If at any time in the future Grantor or any subsequent transferee uses or threatens to use
such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code
Section 815:7, the California Attorney General or third-party entitles organized for conservation purposes
have standing as interested parties in any proceeding affecting this Conservation Easement as against
Grantor.
The California Department of Fish and Game (CDFG) as a third party beneficiary of this
easement shall have the same rights as Grantee under this section to enforce the terms of the easement.
6.1, Costs of Enforcement. Any costs incurred by Grantee or CDFG 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 or CDFG shall be aHhe:qis.cretion of Grantee and CDFG, and any forbearance by Grantee'or
CDFG to exercise its rights under this 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 Easementor of any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grantee or CDFG in the exercise of any .right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a waiver.
6,3. Acts Bevond Grantor's Control. Nothing contained in this Conservation
Easement by Grantee'shall be atthe discretion of Grantee and CDFG to bring any action against Grantor
for any injury or change in the Property resulting from causes beyond Grantor's control, including, fire,
fiood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such causes,
6.4. Department of Fish and Game Riqht of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
6.5, 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 type of fencing shall also
include posts and signage, The Grantor shall obtain approval by the Grantee's Director of Development
Services regarding the specific location, type, and height of the fence and signs prior to their installation.
7, Property Manaqement and Maintenance. Grantor and its successors shall maintain the
Property in accordance 'with the terms and conditions as set forth herein.
8. Access, This Conservation Easement does not convey a general right of access to the
public; however: after receiving approval from Grantor, not to be unreasonably withheld, access for
scientific research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the
respective'designees of Grantee and CDFG.
Gonserva'tionEasement Deed
Page 5 6337
9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to
the ownership, operation, upkeep, and maintenance of the Property,
9.1. Taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request.
9.2. Hold Harmless, Grantor shall hold harmless,' indemnify, and defend Grantee and
CDFG and its members, directors, officers, employees, agents, contractors, and their heirs, and.
representatives, successors and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or
the death. of any person, or physical damages to any property resulting from any act, omission, condition,
or other matter related to or occurring on, or about the Property, regardless of cause; (2) the obligations
specified in Sections 4, 9, and 9.1; and (3) the existence or administration of this Conservation Easement.
9,3, Condemnation. The purposes of the Conservation Easement are presumed to
be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
W Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. 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 815.3. Grantee shall require the assignee to
record the assignment in the countywherethe Property is located,
11. 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 or the CDFG of the intent to transfer any interest at least forty-five (45) 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 this Conservation Easement or limit its enforceability
in any way. Grantor shall not grant additional easements or other interests in the property without the
prior written authorization of Grantee and CDFG.
12. Notices, All notices, demands, requests, consents, approvals, or communications from
one party toanothershilll be personally delivered or sent by facsimile to the persons set forth below or
shall.be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid,
return receipt req~ested'andaddressed as follows, or at such other address as any party may from time
to time specify to,the other parties in writing:
To Grantor: George Robert Meyer, Trustee of the
George Robert Meyer 2004 Family Trust,
Dated March 10,2004, a Revocable Living Trust
P, O. Box 722592
San Diego, CA 92172
Conservation, Easement Deed 6' 338
Page 6 ' ,
To Grantee;, .Cityof'Ro_w<iY
pO. Box'78~
Poway CA92074
With a copy to: El",partm.entofFish and Game
. Nat~ra,I'Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA92123
The parties agree to accept facsimile signed documents and, agree to rely upon such
documents as if they bore ,origlnai signatures, . ,Each party agrees, to provide to, the other parties, within
seventy-two (72j hours after transmission'ofa facsimile, documents that:bear the original signatures,
13. Amendment. This' ~ol1servation Easement may be amended by Grantor and Grantee
only b,Y mut, ual written agreement, approved in wr, iting by,C, D,FG. Any,such amendment sh, all b, e
. .<" ,- -, . ,.-._", -,. . . .
consistent ,with the purposes of'tnis Conservation Easement and" shall not affect its perpetual duration,
Any such amendment shall be recorded in the,official records of Sail Dietio County, State of California,
14. Recordation, Grantor'shallpromptly record this instrument-in the official records of San
Diego County;Cal,ifornia and immediately notify the Grantee and CDFG through the mailing of a
confirmed copy of the recorded easement
15. General Provisions,
(a) Controllinq law, The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California,
(tJ) Liberal Construction. Any general rule of construction to the contrary
notwithstanding: fhis Conservation Easement shall be liberally construea in favor of the deed 'to effect the
purposes of this Conservation Easement and,the policy and purpose of CiVil Code Section' 815, etseq, If
any provision in this"instrument is'found'to.be,ambiguous,,,an interpretation consistent with the purposes
of this Conservation Easement that would render the provision valid shall. be favored over any
interpretation that would render it invalid,
(c) Severability If'a court of competent jurisdiction voids or invalidates on its face
any provision of this 'Conservation Easement 'De'ed, such action shall nbt affect the remainder of this
Conservation Easement Deed. If 8icoU'rtofcompetent jurisdiction'voids or invalidates the application of
any provision of this Conservation Easement Deed to a person cor circumstance, such action shall not
affect the application of the proVision to',Otherpersons o(circumstances,
(?) .' Entire Aqreement. This instrument sets forth the entire agreement of ,the parties
with respect to' the, Conser:vation Easement and supersedes all prior discussions, negotiations,
understal1ciings,oragreelTl,~~isreiatingto the Conservation Ei'sement, all of which are merged herein,
No alteration or variation' of this instrument shall be valid or binding unless contained in an amendmenUn
accordance\wiih:Sectlon 13 .. ,
. (e) ,No' Forfeiture, Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in:any respect.
(h Successors, The covenants, terms, conditions, and restrictions of this
~o!lservationEasement Deed'shallb!? binding upon, and inure to t~e ~enefit of, the parties hereto and
"their respective, personal representatives, heirs, successors, and assigns and shall continue as a
Consel\,ialion Ea,sement De,ed 6339
Page 7 servitude running in perpetuity ,with'the Property, These covenants> hereunder benefiting Grantee shall
also benefit CDFG.
(g) Termination of. Riqhtsand,Obliqations A party:s.rightsand obligations. under this
Conservation Ease~entshall terminate only upon transfer of the j:lartY:s interest ilithe Conservation
Easement or Property" except;ttiat'liability for acts or omissions occiirriiig prior'to transfer shall .survive
transfer.
(~) Captions, The captions in this .instrument have been inserted solely for
convenience 0.1. ,reference and are not a part of this instrum'erit'and snail have no effect upon its
construction or interpretation.
(i) Counterparts: The parties may exe'cute this instrument in two or more
counterparts, which shaH,iiithe aggregate, be.sign'ed by Gralitorand:Grantee; each counterpartshall be
deemed an original Instrument as against any party who has signed it. In the event of any disparity
between the counterparts produced, 'the,recoided counterpartshallbe'controlling.
U) Modification. This Easement is not subject to modification or amendment except
inwriting and signed by Grantor', Gra'ntee.and CDFG or their permitted successors or assigns.
(k) Exhibits. All Exhibits referred toin this Easement.are attached and incorporated
herein by reference.
(I) Appropiiatii:ins. The duty of the City of Poway and CDFG to carry out their
respective obligations unde(this:EasemenFshaIUie subject to the a\lailaoility of appropriate funds.
(m) Effective Date. This Easement shall be effetti\le upon recording with the San
Diego County Recorder's Office.
IN WITNESS'THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and yearfirstabo\le written.
GRANTOR:
rge Robert Meyer 2004 Family Trust, Dated March 10, 2004, Property Owner
Rs'~"
Approved asfo Form:
Office ofth""Ci)y ~t!()rney
Lisa Foster, City Attorney
By: c:5fLjG\.c'~
Lisa Foster, City Attorney
M :\planning\odaIMDRASIMDRA;07:52 'Meyer, BeE .(2),docx
63'40
CALIFORNIA ALL~PURPQSE ACKNp""LED~MENt. .
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State of California }
County of San Diego
On l'kc~/I13t7f.1ZljPf. beiiore m"e,' Phyllis Shinn, Notary Public ,
personally ap~:~red .rfD/R6t ~OI5~;:;;y;;;r'll,oflheOffi'"
Name(s) 01 Signer(s)
who proved to me .onJhe basis of satisfactory evidence to
be the person~v\ihose name~ isl#-subscribed to the
, - - - - - within instrument and acknowledged to me that'
ie. .. .PHYLLI8 Sl!INN.. I hi!/~/th':nex~cutedthe'S.ameil) hisih4:/t~ authorized
_ .,' ,Comrnlulon.# 1778898 c. apacity(i~and that bY..hisl~ttJeksign.ature. M. on the.
II ,Not:'i;:-:1Ila I . instrument the person~: or the entity upon b~half of
[ _ _ _ _ .~=_.\$IJJ which the person~acted,executed the instrument. .
. I certify underPENALTY OF PERJURY under the laws
of the State of California that the foregoing paragriJph is
true and correct.
Signature
Place Notary Seal Above
OPTIONAL
Though theinformation.belowis not reqUlrecrby, law, i{may prove va(uabfe to persons relying on the document
andcouldprevent.frauduleritremova/'and reattachment of this 'form to.'anothercjocument. . .
Description of Attached Document . .
-Title or Type of Document: (;O;4/3ER.,VA T/p;V M5c/11 F~ Dab .
Documenl Dale: bee.. Lj, zoo? Number of Pages: I ()
. Signer(s) Other Than Named Ab~ve: i! :if7.;::o6~
Capacity(les) Claimed by Slgner(s)
Signe(s Name:, Signer's'Name:
0: Individual 0 Individual
o Corporate,.Offlcer ~Title(s): 0 Corporate Officer. - Tltle(s):
_ _ ~> 7 ",. . ",
o Partner ~.OLimited 0 General R'GHTTHUMSPRINT 0 Partner - O,Limite~d 0 General RIGHTTHUMBPRINT
o AtlorneyinFact OF SIGNER - 0 Attorney'i" Fact OF SIGNER
O li t. '"!Top 01 thumb here 0 1i t Top of Ihumb here
'~see rusee
o Guardian or Conservaior 0 Guardian or Conservator
o Other: 0 Other:
Signer Is Representing: Signer Is Representing:
_ _!..:.:!1L_.. J~~_~ _._._ _~ __ ...."""'~ _~"'"
02007 Nallorial Nota'iy"ASSOCIiiJ!Oil. 9350 De's.oto-A~:; P.O..Box 2402." ChatsWOl1h,CA, 91313-2402. WYoW.NatiOnalNotary.0f9 Item #5~7 Reorder: CallToII-Free 1-a00..876-.6827
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EXHIBIT 'A' 6341
BIOLOGICAL CONSERVATION EASEMENT
A PORTION OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF
SECTION 34, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACORDING TO THE RECORD OF SURVEY MAP NO. 8299
RECORDED JULY 27, 1978:IN THE SAN DIEGO COuNTY RECORDER'S OFFICE
AS FILE NO. 78-316312 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THAT CONSERVATION
EASEMENT DEDICATED TO THE CITY OF POW A Y PER DOCUMENT NO. 2004-
0175348 RECORDED MARCH 4,2004 IN THE SAN DIEGO COUNTY
RECORDER'S OFFICE;THENCE ALONG EAST LINE OF THAT BIOLOGICAL
CONSERVATION EASEMENT DEDICATED TO THE CITY OFPOW A Y PER
DOCUMENT NO. 2000-0041546 RECORDED JANUARY 27, 2000 IN THE SAN
DIEGO COUNTY RECORDER'S OFFICE, SOUTH 00003'29" EAST, 66.47 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 88038'27" EAST 514.78
FEET TO A POINT ON THE NORTHWEST SIDE LINE OF THAT EQUESTRIAN/
PEDESTRIAN TRAIL EASEMENT DEDICATED TO THE CITY OF POW AY PER
DOCUMENT NO. 2003-oi55027 RECORDED FEBRUARY 11,2003 IN THE SAN
DIEGO COUNTY RECORDER'S OFFICE; THENCE ALONG SAID SIDE LINE
SOUTH 35027'23" WEST 50.09 FEET; THENCE LEA VINGSAID SIDE LINE
SOUTH 88038'27" WEST485.68 FEET TO A POINT ON THE EASTERLY LINE OF
THAT BIOLOGICAL CONSERVATION EASEMENTPER DOCUMENT NO. 2000-
0041546; THENCE ALONG SAID EAST SIDE LINE, NORTH 00003 '29" WEST 40.11
FEET TO THETRUE POINT OF BEGINNING.
TOTAL AREA IS 0.46 ACRE, MORE OR LESS.
PREPARED BY:
...J~ 2f?___ ( '2 ~:J. -f7~
WILLIAM c. Y}N, RCE 33730 DATE
EXHIBIT 'B'
BIOLOGICAL CONSERVATION E'ASEMENT PLAT 6342
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\ DD#11 -<-\ L1: N89'41'30"W 180.62'
I EAST~RLY L2: N89'17'18"W 253,81'
I ) LINE OF DD#/ L3: N54'17'24"E 250.00'
L4: N79'49'34"W 112.41'
I DD#4 1,.- L5: N70'23'24"W 316.02'
,\U'-" L6: N31'29'OO"W 357.41'
/d '\~. L7: N4T47'24"E 229.49'
'0-" L8: N35'27'23"E 553.43'
'\ -. L9: N35'27'23"E. 50.09'
D~#4/ G ,\4-
~ L 10: NOO'03'29"W 40.11'
L11: NOO'03'29"W 66.47'
'\
CURVE DATA
------------------
. L1 C1: R= 1675.85' L=560.30' L'> = 19'09'22"
EXISTING EASEMENTS
---------------
DD#1: CONSERVATION ESM'T PER
F /N 2004-0175348 REC. 3-4-2004.
DD#2: EQUESTRIAN/ PEDESTRIAN ESM'T PER
.. FIN 2003-0155027 REC. 2-11-2003.
DD#3: BIOLOGICAL CONSERVATION ESM'T PER
F/N 2000-0041546 REC. 1-27-2000. \
DD#4: BIOLOGICAL CONSERVATION ESM'T PER
FIN 2008-0470436 REC. 9-03-2008. WOO731
. . )1
,
Conservation Easement Deed
Page 8 6343
CERTIFICATE OF ACCEPTANCE
This is ,to Certify that the interest in real property conveyed by the Conservation Easement by
George Robert.Meyer'2004 Family Trust,. Dated March 10, 2004, dated . ]) p,,~ '-( .wox
to the City of Poway, Grantee, and to the California Department of Fish and Game, as a lhird party
beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the
undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34
of the City of Poway on January 20, 1981,
GRANTEE: City of Poway
~
Clerk
Date: /,J/q//),f
I '