Conservation Easement Deed 2008-0632792
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RECORDING REQUESTED:BY:
CITY OF POWAY
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DOC # 2008-0632792
111111" 1III 11111 1111111'" 111111111111111 1111111111 /11111111111111111
DEe 11, 2008 4:17 PM
, OFFICIAL RECORDS
~,~N ~IEI~O LOUNW RECORDER'S OFFIrE
I.iF~EliOR'(,J '"I,IITH, COUNTy' RECORDE-R
FEE'" 000
iJC NA
().I)\), . WHEN RECORDED MAIL TO:
,1if;,X () CITY CLERK
I \\~'t)f CITYOFPOWAY
If' If: P 0 BOX 789
. \ ~ POWAYCA 92074-0789
PAGES: 16
'''''"1111I11111"1111111I1111I1111I111111111I11"111111111111111I11111111I1111
Space Above Line for Recorder's Use Only
APN: 321-110-05
MDRA 07~52
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made thiS~ day of.Obl€l41d-- 2008,
by George Robert Meyer, Trustee ofthe George Robert Meyer 2004F,amily 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 reference to the following 'fads,
RECITALS
A Grantor is the sole owner in fee simple of certain real property in the City of Poway,
County of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B"
attached hereto and'incorporated byJhis reference (the "Property"),
B, TheProperty possesses wildlife and habitat values (collectively, "conservation values") of
great importance to the Grantee, the people of the City of Poway, the people of the State' of California,
and the people of the U nitedStates,
C The Property provides Southern Mixed Chaparral, which is valuable habitat per the
Poway Subarea Habitat Conservation Plan, Conservation of this property therefore will preserVe habitat
of a valuable habitat.
D, The City of Poway is authorized to hold conservation easements for the preservation 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 California Civil Code Section 815,3(b).
E. The State of California, by and through its Department of Fish ,and Game (CDFG), has
jurisdiction, pursuant t6,CDFG,'CodeSection 1802, over the ,conservation; p,otecti<;m,and"managerrlentof
fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those
species,
F, The United Staies Fish and Wildlife Services (U?FVVS) has jurisdiction over the
conservation, protection, restoration, enhancement and manage,ment of fish, wildlife and native plants
and thehabitatsioh'whic~ they, depend under the Endang!=red Species Act, 16 U'S.C. Section 1531 et
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U,SiC, Sections 661-666c and other applicable
laws,
G, This Conservation Easement provides protection .for 1,12 acres ofland that contains
South':~.rD Mixed Chaparral h9bitat located within the City of Poway's Subarea Habitat Conservation
Plan/NCCP:Focused Planning Area.
08-142
Conservation Easement Deed
Page 2
6345
H, Grantor intends to convey to Grantee theright-to' preserve and protect the conservation
values of the Property in perpetuiiy in accordance with Covenants, Terms, Conditions and Restrictions
contained herein. The Property will be used to satisfy a portion of the 1.58-acre hab,itat impact mitigation
requirement for Minor Development Review Application 07-52,
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 ofthe 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 recitals and the mutual covenants, terms, conditions, and
restrictions contained 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 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 ofthis 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 of this 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, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plah/NCCP.
6346
Conservation Easement Deed
Page 3
(a) Unseasonable watering, use of herbicjdes, (odenticides, or weed abatement
activities, incompatible' fire' protection' activities and any and all other uses which may adversely affecl'the
purposes of this Conservation Easement;
(b) Use,of,offcroad vehicles; except vehicles used for property maintenance required
by the City of Poway, and then only over existing roads:
(c) Grazing,orsurface entry for exploration or extraction of minerals:
(d) Erection otany 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 otthe 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 oftrees or other vegetation exceptby written permission from the City of
Poway.
4, Grantor's Dllties., Grantor shall. undertake all. reasonable actions to prevent the unlawful
entry and trespass by persons ,whose activities may degrade or harm the conservationvalu~s 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,'thal'maintenance of the 'Property, to
wit clean up of all., trash and debris, shalLbe 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 ofthe Property that are consistent with the
purposes of this 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 tocurethe violation. Grantee shall
also notify the California Department of Fish and Game. If Grantor fails to cure the violation within thirty
(30) days'after recejpt of said written notice and demand from Grantee, or if the cure reason~bly requir,es:
more than thirty (30) days to complete and Grantor fails to begin.the"curewithin 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 10 enforce the terms of this Conserv,ation Easement, to recover any
damages to ""hich G(antee may be entitled for violation by Grantor of the terms of this Conservation
Easement;'!o enjoin the violation, exparte as necessary, by, temporary or permanent injunctionwithout
the necessity of 'proving ei!her actual damages or the inadequacy of otherwise' available legal remedies,
or fiJr'otherequitable relief, including, but not limited to, ,the restoration ollhe Property to the condition in
whichit:existed prior to any such violation or injury, Without limiting Grantor's liability therefore, Grantee
mayapply'any'di:l.magesrecovered to the cost of undertaking any corrective action on the Property,
If Grantee;'in its sole, discretion, determines, that circumstances require immediate action
'to prevent,or mitigate:signiiiCi:inhdamage to the conservation values ofthe,Property, Grantee may pursue
its,remediesLJnderthispar'agrap'f1:withoLJt prior notice to Grantor or withoutwaiting for the period provided
for cure 10 expire, 'Grantee's rights under this paragraph apply equally to actual or threatened violations
Conservation'Easemeilt Deed
Page 4
6:347
of the terms of this Conservation ,Easement Grantor and Grantee,a~rree,thatGrantee's remedies for any
violation of the termsof-iliis Conservation Easement is the injunCtive,reliefdescribed in this:section, both
pr.ohibitive andmandat.ory, in addition to such other relieFto ,which .Grantee may be entitled,including
specific performance ofthe terms of this Conservation Easement in each case, withoul'the' necessity"of
proving either actual damages or ,the inadequacy of othim'iis'e ,aVailable legal remedies. Grantee's
remedies described in this section shall be cumulative and shall De'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 subsequenUransferee 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 entities"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, Costsof.Enforcement Any costs incurred by Grantee orCDFG in enforcing the
terms of this Conservation Easement against Grantor, including, out not limited to, costs of suit and
attorneys' fees, and any costs oHestoration necessitated by Grantor's violation or n'egligence:under the
terms of this Conservation Easementshall be borne by Grantor.
6.2. Grantee's,Discretion. Enforcement of the terms of this Conservation Easement
by,Grantee or CDFG shall 'be al'th~ discretion of Grantee and CDFG, and any forbearance by Grantee,or
CDFG to exercise its rights under this Conservation Easement by Grantor shall ,not be dee'med 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 the Grantee's rights; under this Conservation Ea:;l'ement
No delay or omission by G'rantee,;or CDFG in the exercise of any right or remedy upon any bre'ach 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 at'thediscretion of Grantee and CDFGtbbring 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 ofFish and Game orUSFWS,
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 ar!la to
protect ,in perpetuity the conservation values and function of the Property. The type of fencing shall also
include posts'and signage. The Orantor shall obtain approval by the Grantee's Director of Developmen't
Services regardingthe: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 inaccordance\vith.the terms and conditions as set forth herein.
,8, ,Access, 'Th,is Conservation Easement does not convey a general right of access to the
public; ,howeVer,,'aJter r~ceiving, approval from Grantor, not to be unreasonably withheld, access for
'sCientific r€l,se~rch and interpretive purposes, shall be reserved to the Grantee and CDFG or to the
respectiveidesignees;of Grantee and CDFG,
Conservation Easem'entDeed
Page 5
634'8,
9. Costs and Liabilities, Grantor retains all responsibilities and shall bear all costs and
liabilities of any kina includingttansfer costs, costs of title and,dbcumentation 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"), incliJding 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, dire'cters, 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'Civir Procedure Section 1240,680
notwithstanding Code of Civil'Procedure Sections 1240,690 and 1240,700.
10, Assiqnment. This Conservation Easement. may not be transferred, assigned, or
extinguished without the prior writtiln, approval of CDFG, Grantee may assign its rights and obligations
under this ,Conservation Easement only to an entity or organiiation authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815,3, Grantee shall require the assignee to
record the assignment in the county'where the Property is located.
11, Subsequent Transfers,. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or ather legal instrument by which Grantor diiiests,ltself of any interest.in all or a
portion of the Property, including, without limitation, a leasehold interest. ,Grantor further agrees to, give
written n,otice 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 preventsubsequent transfers in which
prospective subsequent'c1aimants'or transferees are not given notice of the covenants, terms, conditions
and restrictions of this Conservation Easement. The failure of GraMer 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 to another shall be:personally delivered or sent by facsimile to the persons set forth below or
shall be deellied:giilenfive (5),days after deposit in the United States mail, certified and postage prepaid,
return receipt requested and addressed as follows, or at such other address as any party may from iime
to time speCify tothe,:other parties in writing:
To Grantor:
George Robert Meyer, Trusteeof the
George Robert Meyer2004 Family Trust,
Dated March 10, 2004
POBox 722592
San Diego, CA 92172
Conservation Easement Deed
Page 6
6349
To Grantee:
City of Poway
P,O Box 789
Poway CA 92074
With a copy to'
Department of Fish and Game
Natural Community Conservatib'nPlanning
4949 Viewridge Avenue
San Diego, CA 92123
The parties agreeAo accept facsimile signed 'documents and agree to rely upon such
documents as if they bore o'riginal.sig-natures, Each party agrees to provide to the other parties, within
seventy-two (72) hours after transmission of a facsimile, docurnentsthatbear the original signatures
13, Amendment This Conservation Easement rmiy'be amended by Grantor and Grantee
only by mutual written agreement approved in writing by CDFG, Any such amendment shall be
consistent with the purposes ofthis 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, Recordation. Grantor shall promptly record this instrument in the official records of San
Diego County, California 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,
(b) Liberal Construction, Any general rule of construction to the contrary
notwithstanding, this'Conservation Easement shall be liberally construed in favor of the deed to effecrthe
purposes ofthis Conservation Easement and the policy and purpb'se:ofCivll Code Section 815, et seq: If
any provision in this instrumenfis ,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 itinvalid,
(c) Severabilitv, If a court of competent jurisdiction, voids or invalidates bn its' face
any provision of this Conservation Easement Deed, such action shall not affect the remainder of this
ConserVation Easement Deed. If a court of competent jurisdiction Voids or invalidates the, application of
any provision of this Conservation Easement Deed toa person or circumstance, such action shall ,not
affect the application of.the, provision to other persons or circumstances,
(d) EntireAqreement This instrument,sets forth ,the entire agreement of the P'!rties
with respect .to' the .Conservation Easement and superSedes all prior discussions, 'negotiations,
undeIstan,dings,oragreements rel'!tingto the Conservation Easement, all of IN,hich are'merged herein.
No alteration ,or Variation of this instrument shall be valid or binding unless contained in an amendment in
accordancewith Section 13. . .
(e) No Forfeiture, Nothing contained herein will resull in a forfeiture or reversion of
Grantor's title in any respect
(fj Successors. The covenants, terms, conditions, and restrictions of this
Cpnservation 'Easement Deed shall be binding upon, and inure io the benefit of, the parties hereto and
their respective" personal representatiVes, heirs, successors, and ass'igns and shall continue as a
Conservation' Easement Deed
Page 7
6350
servitude running in perpetuity with the Property, These covenants hereunder benefiting Grantee shall
also benefit CDFG,
(g) Termination of Riqhts and Obliqations A party's rights and obligations under this
Conservation Easement shall terminate only 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 shall have no effect upon its
construction or interpretation.
(i) Counterparts, The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling,
U) Modification" This Easement is not subject, to modification or amendment except
in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns,
(k)
herein by reference.
Exhibits, All Exhibits referred to in this Easement are attached and incorporated
(I) ApprOPriations The duty of the City of Poway and CDFG to carry out their
respective obligations under this Easement shall be subject to the availability of appropriate funds,
(m) Effective Date. This Easement shall be effective 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 year first above written,
GRANTOR:
e Robert Meyer 2004 Family Trust, Dated March 10, 2004, Property Owner
~"
B
Approved as to Form'
Office ,of the City Attorney
Lisa Foster, City Attorney
By:
~u~
Lisa Foster, City Attorney
M:\planriing\oda\MDRAS\MDRA 07-52 Meyer BCE.doc.docx
6351
CALIFORNIA ALL-PU~POSE, ACKNOWLEDGMENT
~;;:. =^~ """,,_-.._._._'_-:~---'::;':~''-.. -',~ ::.~~. - - -. ~a';"'- -":~ - '''= - ~~~"
State of California
}
County of San Diego
On )ECEIWJc"{t! z:tlPJ? before me, Phyllis Shinn, Notary Public
Date .. ,,~ Here Insef1 Name and Title 01 lhe Officer
personally appeared 9- DOre 6t /C f).(3~ m ICY h~ '
- Name(s)otSigner(s) .
i&-- - . -- u - . -.
. " PHYLUa SHINN'
-~, ' 'N~om,tii;:.:c,n,,',~'~~,'~ f
I 'SCm DIogo COUIlly.
J. _ , __ ~~~'m~MuJ
who proved to me on the, basis of satisfactory evidence to
be the personM who~e name~ is/ap(subscribed to the
within instrument! arid acknowledged to, me that'
he/~/t% executed:,the .same in hisll')Mtf)Qir authorized
capacity(~),an,dthat by his/%/th)Jf(signature(ll(:on the,
instrument theperson~ 9r the entity upon behalf of
which the person()( aCted, executed the instrument.
I certify under PENALTY OF PERjURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
. PI;:!;oe Notary Seal ,Above
Signature
OPTIONAL
Though:the Informationbel/?wis not'requlred bylaw; it may prove valuable to:personsrelyjng on the'document
and,cOula prevent-fraJa~/en~,remova{and reattachment .of thls}orm to anotHer document. .
DescriptionofAttachedD}?CUment 32/- /!,J) - or_
,Title or Type ofbocument: CO#.5t. p CA-:5Cff/t:/'I.7r"
Document DaiPG'C . 'ZOO,;; Number of Pages:
, Signer(s) other Than Named Above: '} /::S/-I- r; So rc:~
'J25
Capacity(ies) Claimed by Signer(s)
Top ollhumb'here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
'0 Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
(
Signe(s:Name:
o Individuill
o Corporate 'officer - Title(s):
o Partner ~ 0 Limited o General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
,OF SIGNER
RIGHTTHUMBPAINT
OF SIGNER
Top ollhumbhere
Signer Is Representing:
Signer Is Representing:
~ ~~ _ ~ r;::: ~ ;dO .___ _ fa _ _ ,.".. ~ ~ ~ """'.... ~
02007 NalJooaI Notary ASiOdaIion . 9350 Do' Solo AVe., P.O..Boll: 2402,. Chalsworth, CA 91 313-2402 ~ wwW,NatioilalNOtary.org Item 115,907 Reorder: Call Toll-Free 1-800-876-6627
,I
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6352
EXHIBIT 'A'
BIOLOGICAL CONSERVATION EASEMENT
PORTIONS OF LOTS 1 AND 2 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN CITY OF POW A Y
COUNTY OF SAN DIEGO,. STATE OF CALIFORNIA, ACCORDING TO RECORD
OF SURVEY MAP 3663 FILED IN THE COUNTY RECORDER'S OFFICE OF SAN
DIEGO COUNTY JULY 20, 1955 AS FILE NO. 93570, DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE ALONG THE NORTH LINE OF SAID SECTION 4, SOUTH 89041'40"
EAST, 974,03 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89041 '40" EAST, 62,54 FEET
TO A POINT ON THE. SOUTHWEST SIDE LINE OF THAT EASEMENT TO SAN
DIEGO GAS AND ELECTRIC COMPANY ACCORDING TO DOCUMENT NO.
2005-0356850 RECORDED APRIL 28, 2005; THENCE ALONG SAID SOUTHWEST
SIDE LINE SOUTH 23030'20" EAST, 65.37 FEET; THENCE LEAVING SAID SIDE
LINE SOUTH 45030'30" WEST, 37.81 FEET; THENCE SOUTH 24033'55"WEST,
54,21 FEET; THENCE SOUTH 32000'57" WEST, 23.36 FEET; THENCE SOUTH
27009'49" WEST, 15,83 FEET; THENCE SOUTH 2048'10" EAST, 17.61 FEET;
THENCE SOUTH 49059'21" WEST, 16,31 FEET; THENCE SOUTH
33028'14"WEST, 7.45 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL
1 THEREOF DESCRIBED IN DOCUMENT NO. 2004c0207208 RECORDED MARCH
12,2004; THENCE ALONG SAID WEST LINE NORTH 103' 11 "WEST, 204,29 FEET
TO THE TRUE POINT OF BEGINNING,
TOTAL AREA IS 0.23 ACRES, MORE OR LESS,
PARCEL 2
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 DESCRIBED
HEREIN ABOVE; THENCE ALONG THE WEST LINE OF PARCEL 1 THEREOF
DESCRIBED IN DOCUMENT NO. 2004-0207208 RECORDED MARCH 12, 2004,
SOUTH 01003' 11" EAST, 23.09 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE SOUTH 59038'54" EAST, 7.19 FEET;
THENCE SOUTH 86031 '26" EAST, 9.70 FEET; THENCE NORTH 61013'26" EAST,
21.42 FEET; THENCE NORTH 81058'30" EAST, 20.26 FEET; THENCE NORTH
2057'08" EAST, 22,57 FEET; THENCE NORTH 26020'50" WEST, 9.83 FEET;
THENCE NORTH 11015'30" WEST, 31.88 FEET; THENCE NORTH 01056'40"
WEST, 15,23 FEET; THENCE NORTH 15024'54" EAST, 17.27 FEET; THENCE
NORTH 3 I 040'37" EAST, 40.91 FEET; THENCE NORTH 58045'27" EAST, 7.21
FEET; THENCE NORTH 73036'27" EAST, 16,94 FEET TO A POINT ON THE
SOUTHWESTSIDE LINE OF THAT EASEMENT TO SAN DIEGO GAS AND
1 OF 3
6353
ELECTRICCGMPANY ACCGRDING TO. DGCuMENT NO.. 2005-0356850
RECGRDED APRIL 28, 2005; THENCE ALGNG SAID SGUTHWEST SIDE LINE
THEREGF SGUTH 23030'20" EAST, 1248 FEET TO. A PGINT GF BEGINNING GF
A 188.37 FGGT RADIUS TANGENT CURVE CGNCAVE NGRTHEASTERLY;
THENCE SGUTHEASTERL Y ALGNG SAID CURVE THRGUGH AN ANGLE GF
38052' 10", A DISTANCE GF 127.79. FEET; THENCE SGUTH 62022 '30" EAST,
102.65 FEET A PGINT GFBEGINNNING GF A 340.00 FOGT RADIUS TANGENT
CURVE CGNCA VE SGUTHWESTERL Y; THENCE SGUTHEASTERL Y ALGNG
SAID CURVE THRGUGH AN ANGLE GF 3051 '39", A DISTANCE GF 22.91 FEET;
THENCE LEAVING SAID SGUTHWEST SIDE LINE, SGUTH 0041 '06" EAST, 15.83
FEET; THENCE NGRTH 83008'21" WEST, 13.53 FEET TO. A PGINT GF
BEGINNING GF A 135.00 FGGT RADIUS TANGENT CURVE CGNCA VE
SGUTHERLY; THENCE SGUTHWESTERLY ALGNG SAID CURVE THRGUGH
AN ANGLE GF 19055'29", A DISTANCE GF 46.95 FEET TQA PGINT GF
BEGINNING GF A 135,00FGGT RADIUS NGNTANGENT CURVE, SAID PGINT
GF BEGINNING BEARS NGRTH 29030'48" EAST FRGM THE CENTER GF SAID
CURVE; THENCE NGRTHWESTERL Y ALGNG SAID CURVE THRGUGH AN
ANGLE GF 22039'09", A DISTANCE 53.37 FEET; THENCE NGRTH 83008'21"
WEST, 23.50 FEET TO. A PGINT GF BEGINNING GFA 135:00 FGGT RADIUS
TANGENT CURVE CGNCA VE SGUTHERL Y; THENCE SGUTHWESTERL Y
ALGNG SAID CURVE THRGUGH AN ANGLE GF 90000'01", A DISTANCE GF
212.06 FEET; THENCE SGUTH6051 '39" WEST, 40:58FEET TO. A PGINT GF
BEGINNING GF A 135.00 FGGT RADIUS TANGENT CURVE CGNCA VE
EASTERLY; THENCE SGUTHERL Y ALGNG SAID CURVE THRGUGH AN
ANGLE GF 52014'00", A DISTANCE GF 123.07 FEET TO. A PGINT GF
BEGINNING GF A 135.00 FGGTRADIUS NGNTANGENT CURVE, SAID PGINT
GF BEGINNING BEARSNGRTH 79011 '50" WEST FRGMTHE CENTER GF SAID
CURVE; THENCE SGUTHERLY ALGNG SAID CURVETHRGUGH AN ANGLE
GF 3056'31", A DISTANCE GF 9.29 FEET; THENCE SOUTH 605.1 '39" WEST, 18.00
FEET TO. APGINT GF BEGINNING GF A 135.00 FQGTRADIUS TANGENT
CURVE CGNCA VE EASTERLY; THENCE SGUTHERLY ALGNG SAID CURVE
THRGUGH AN ANGLE GF 65020'00", A DISTANCE GF 153.94 FEET TO. A PGINT
GF BEGINNING GF A 135.00 FGGT RADIUS NGNTANGENT CURVE, SAID
POINT GF BEGINNING BEARS SGUTH 35019'27" WEST FRGM THE CENTER GF
SAID CURVE; THENCE SGUTHEASTERLY ALGNG SAID CURVE THRGUGH AN
ANGLE OF 2053 '38", A DISTANCE GF 6.82 FEET TO. A PGINT GF BEGINNING
GFA 135.00 FGOT RADIUS NGNTANGENT CURVE, SAID PGINT GF
BEGINNING BEARS SGUTH42049'00" WEST FRGM THE CENTER GF SAID
CURVE; THENCE SGUTHEASTERL Y ALGNG SAID CURVE THRGUGH AN
ANGLEGF 2014'38", A DISTANCE GF 5.29 FEET TO. A POINT GF BEGINNING
GF A 135.00 FOGT RADIUS NGNTANGENT CURVE, SAID PGINT GF
BEGINNING BEARS SGUTH 44013'27" WEST FRGM THE CENTER OF SAm
CURVE; THENCE SGUTHEASTERLY ALGNG SAIDCURVETHRGUGH AN
ANGLE QF9014'42", A DISTANCE GF 21.78 FEET TO. A PGINT GF BEGINNING
GF A 1298.28 FGGT RADIUS NGNTANGENT CURVE, SAID CURVE BEING
CGNCENTRIC TO. AND 30.00 FEET NGRTHERL Y TO. THE SGUTHERL Y SIDE
2 GF 3
LINE GF PARCEL 1 GF SAID DGCUMENT NO.. 2004-0207208, SAID PGINT G~ 354 .
BEGINNINGBEARS SGUTH 18038'25" EAST FROM THE CENTER GF SAID
CURVE; THENCE P ARALLELTG AND 30.00 FEET NORTHERLY TO. THE
SGUTHERLY LINE GF PARCEL 1 GF SAID DGCUMENT NO.. 2004-0207208 AND
WESTERLY ALGNG SAID CURVE THRGUGH AN ANGLE GF 3006'15", A
DISTANCE GF 70.34 FEET; THENCE SGUTH 74027'50" WEST, 57.04 FEET TO. A
PGINT GN THE WESTERLY SIDE LINE GF PARCEL 1 GF SAID DGCUMENT NO..
2004-0207208; THENCE ALGNG SAm WESTERLY SIDE LINE, NGR TH 1003' 11"
WEST, 498.62 FEET TO. THE TRUE PGINT GF BEGINNING.
TGTAL AREA IS 0.89 ACRES, MGRE GR LESS
PREPARED BY:
~~h
WILLIAM C. N, RCE33730
Il-/j'~
DATE
3 GF 3
I,.'
. NPRTH 1/4
ICORNER
I SEC,4
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PLAT
.SHEET 1 OF 4
6355
L9
r'/
PA~c'EL
T,P.O;B.
I
S E I
S EET
EXISTING EASEMENTS
DD#l: SD &E co. ESM'T PER
BK. 5534, PG. 541 REC. 2 16-1955,
DD#2: . PU L1C UTILITY ESM'T PER
FIN 90-444352 REC. 8-1 -1990.
DD# : RO D AND UNDERGROUND TILlTY ESM'T PER
FIN 1994-0188775 REC. -22-1994,
DD# : PU L1C UTILITY ESM'T PER
FIN 2005-0356850 REC. 4 28-2005.
o
o
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II
SEE SHEET 3
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SEE SHEET 4
LINE DATA
I
I
I
I
I
I
-----\
" \~
\; \~
URVE DATA 0,
~-~=-I:;~'-;7'-L:;O;.:44'- ~:38-:-52-;-;O-;; - - \~
~: ~:ngo~gd,Lr5~g:j~: ~~l?~~~g?" \~
4.: R=250.00' L=133.80' 6=30'39'50"
G5:R=300,OO' L= 122,22' 6=23"20'30"
<':6: R",t328.28' L= 173.1 0' 6=7"28'00"
Ll: N89'4]'40"W 95.33'
L2: N23'30'20"W86.78'
L3: N6Z22'30"W 1 02.65'
L4: N46'49'40"W 95.00'
L5: N41'59'50"W 120.29'
(120.18')
L6: N74'19'10"E 95.84'
(95.71')
L7: N43'39'20"E 56,47'
L8: N74'27'50"E 64.79'
L9: N89'41'40"W 974.03'
( ) REPRESENTS DATA PER
SHEET 2 OF 4
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PLAT
4
PA~CEL 1
\
'- PARCEL
P,O.C.
12:-
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~
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EASEMENTS
pARCEL 2
T.P.O.B.- J
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LINE DATA
\
\ L 1: N89' 41' 40"W 62.54'
L2: N23"30'20"W 65.37'
L3: N45'30'30"E 37.81'
L4: N24:33'55"E 54,21'
L5: N32"00'57"E 23.36'
L6: N2T09'49"E 15.83'
L7: N02'48'10"W 17.61'
L8: N49'59'21"E 16.31'
L9: N33'28'14"E 7,45'
L 10: N01'03'11 "w 23,09'
Lll: N59'38'54"W 7.19'
L 12: N86'31'26"W 9.70'
L13: N61'13'26"E 21.42'
L14: N81'58'30"E 20.26'
L 15: N02"57'08"E 22,57'
L 16: N26'20'50"W 9.83'
L 17: Nll'15'30"W 31.88'
L18: N01'56'40"W 15.23'
L19: N15'24'54"E 17.27'
L20: N31' 40' 37"E 40.91'
L21: N58'45'27"E 7.21'
L22: N73'36'27"E 16.94'
L23: N89;41'40"W 974.03'
L24: N23'30'20"W 22.17'
, . ,
EXHIBIT 'B'
BIOLOGICAL CONSERVATION E;AiSEMENT PLAT
\
\
\
SHEET 3 OF 4
6357
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LINE DATA
CURVE DATA
L1: N23'30'20"W 12.48'
L2: N62'22'30"W 1 02.55'
L3: NOO'41'05"W 15.83'
L4: N83'08'21"W 13.53'
L5: N83'08'21"W 23.50'
L6: N05'51'39"E 40.58'
Cl: R=188.37' L=127.79'6 =38'52'10"
C2: R=340:00' L=22.91' 6 =03'51'39"
C3: R=135.00' L=45.95' 6 = 19'55'29"
C4: R=135.00' L=53.37' 6 =22'39'09"
C5: R=135.00' L=212.05' 6 =90'00'01"
SEE SHEET 4
W00731
EXISTING EASEMENTS
-------~---~----
DD#4: PUBLlCUTILlJY ESM'T pER
FIN 2005-0356850 REC. 4-28-2005.
''-.', "':'.<
EXHIBIT 'B'
BIOLOGICAL CONSERVATION .EASEMENT PLAT
SEE SHEET 3
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6358
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---
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DD#3: ROAD AND UNDERGROUND UTILITY EASM'T
FIN 1994-0188775 REC. 3-22-1994.
CURVE DATA
PER
\~
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\""-
\(0,
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\
---------------
-------------
EXISTING EASEMENTS
Cl: R= 1:35;00: L= 123.07' li=52' 14'00"
C2: R=135.00' L=9.29.' 6=03'56'31"
C3: R= 135.00' L= 153,94'.6=65'20'00"
C4: R= 135.00' L=6.82' 6 =02'53'38"
C5: R=135.00' L=5.29' 6=02'14'38"
C6: R=135.00' L=21.78' 6=09'14'42"
C7: R= 1298.28' L=70.34' 6.=03'06'15"
LINE DATA
L 1: N06'51'39"E 18.00'
L2: N74'27'50"E 57.04'
6359
ConserVation Eas-ement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to"Certify that the:interest in .real property conveyecj by,the'Conservation Easement by
George Robert Meyer 2004 Family:Trust, Dated March 10, 2004, .dated :J)-'/'II....~ '1-; .1.001>~
to the City of Poway, Grantee, and to the California Department of Fish and Game, as a third party
beneficiary, a.governmental agency (under Government Code Section,2ii81.), is hereby accepted by the
undersigned officer on behaiiof'iheiCityof Poway, pursuant to authority. conferred by Resolution No. 34
o/the City of Po way on January 20,1981.
GRANTEE:
...
G,daA. Troyan, MM ,City Clerk
uth orized Representative
Date /Jt-9-o.F