Conservation Easement Deed 2009-0190118
"
DOC # 2009-0190118
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RECORDING REQUESTED BY:
CITY OF POWAY
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rC6viPN 278-200-25-00
PROJECT NUM8ER: MDRA 03,53
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
APR 14, 2009 3:37 PM
ClFFICI,2:,,L F1EI_OR[I~~
",61'1 DiEl.iD CDUI11,' F:ECORIJEF:", OFFICE
[.1,~,\,iI[J L. BUTLER" [OUNT\' F:UIlROER
FEE':,: IllYI
[.II: N~,
WHEN RECORDED'MAIL TO:
PAGES: 14
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Space Above Line for Recorder's'Use Only
This Conservation Easement De,ed is being granted and recorded to replace, correct and
amend the Conservation Easement Deed recorded o.n Octobe'j' 31, 2007, as Document No.
2007-0695663,on',file in the Office of, the County Recorder of San Diego County,
CONSERVATION EASEMENT,DEED
No Documentary Transfer Tax D'ue
THIS CONSER VA nON EASEMENT DEED is made this R day of MJ.;U v.j.- 2009, by
Kirk M, Carmichael and Dawn 0, Carmichael ("Grantor"), in favor of City of Poway ("Grantee"), acting by and
through its Development Services Department, with reference to the,following facts,
RECITALS
A Grantoris 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 1 ", Exhibit "B1,1" and Exhibit "B 1,2"
attached hereto and incorporated ,by this reference (the "Property"),
B, The Property 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 United States,
C, The Property provides high quality mixed-chaparral habitat, which is a valuable habitat per
the Poway Subarea Habitat Conservation Plan, Conservation of this property therefore will preserve
valuable habitat
D, The City of Poway is authorized to hold conservation e'asements'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 to CDFG 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,
F, The United States Fish arid Wildlife Services (USFWS) has jurisdiction over the
conservation, protection, restoration, enhancement and management offish, wildlife and native plants and
the habitats on whic,h th,e;ygepend under the Endangered Species Act, 16 U,S,C, Section 1531 et seq,
(ESA), the Fish and Wildlife Coordination Act, 16 US,C Sections 661-666c and other applicable laws,
G, This Conservation Easement provides protection for4,67 acres of land that contains mixed-
chaparral habitat located within the City of Poway's Subarea Habitat Conservation Plan/NCCP Focused
Planni~g Area,
o Q-03\
Conservation Easement Deed
Page 2
H, Grantor intends to convey to Grantee the right 10 preserve and protect the conservation
values of. the PropertY' in perpetUity in accordance with c:;ovenanis, Te'rms, Conditions and Restrictions
contained herein in' exchange f.orGrantee permitting Grantor's removal ,of. 2.00 acres of. mixed-chaparral f.or
site development; the removal of. an additional 0.22 acres of. mixed chaparraUor that portion, of. a necessary
driveway access exceeding 150 f.eetin length, and the, removal of. ,associated vegetation f.or f.ire f.uel
management. The removal of. the 2,0 acres of. habitat f.or site development is mitigated at a 2:1 ratio
(4,0 acres), and the removal of. 0.22;,acres of. habitat f.or driveway, and associated f.ire f.uel management is
mitigated at a 3:1 ratio (0:66 acres). The 4,67 acre Conservation Easement is a mitigation measure f.or such
removal of. 2,22 acres of. mixed-chaparral.
I. Grantee agrees by ,accepting this grant to honor the intentions of. Grantor stateej herein and
to preserve and to protect in perpetuity the conservation values of. the property in accordance with ihe terms
of. this Conservation Easement f.or the benef.it of. this generation and the'generalions 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 Calif.ornia 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 f.orth ("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 materia.lly impair
or interf.ere with the conservation values of. the Property, Grantor, intends that this Conservation Easement
will conf.ine the use of. the Property to such activities, inclucjing w'ithout limitation, those inv(jiving the
preservation ,and enhancement of. native species and their habitat' in a manner consistent with the habitat
conservation purposes of. this Conservation Easement.
2. Richts of. Grantee, To' accomplish the purposes of. this Conservation Easement, Grantor
hereby grants and conveys the f.ollowing rights to Grantee and the State,of. Calif.ornia 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 enf.orce the terms of., this Conservation Easement, including Grantor's
obligation to manage'the property consistent with Grantor's duties as set f.cirth ,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 f.eatures of. the
Property that may be damaged by any act, f.ailure 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'ofthe Property; and
(e) To enf.orce 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 f.oregoing, the f.ollowing uses by Grantor, Grantor's agents,
and third, parties', are expressly prohibited unless specif.ically providea f.or through the Poway Subarea
Habitat Conservation Plan/NCCP.
Conservation Easement Deed
Page 3
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible fire protection activities and any and all otlier-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 explorationor 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 t~fe 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 vaiues 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 eng'age 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 of the terms ofthis
Conservation Easement or that.a violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand in writing corrective action sufficienl.lo 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 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 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 ofothelY'ise 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 circumst?nces 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 without 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. 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
Conservation Easement Deed
Page 4
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 her(,!<;lfter existing
at law orin ,equity, including but not limited to, the remedies set forth in Civil Code Section '8'15, 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, pO,twithstanding Civil Code Section
815,7, the California Attorney General or third'party entities organized for conservation purposes have
standing as interested parties in any ~roceeding'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 Conse'rvation Easement'shall be borne by Grantor.
6.2, Grantee's Discretion, Enforcement of the terms ofthis Conservation Easement by
Grantee or CDFG shall be at the discretion of Grantee and C'oFG, 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 '0/ the, same or any oiher term of this
Conservation Easement or of any ofthe 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 at the discretion o/Grantee and CDFG to bring any at,tion against Grantor .for any injury
or change in the Property resulting from causes beyond Grantor's, control; including, fire, flood, 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 Riqhtof 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, Propertv 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,
9, Costsand"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,
Conservation Easement Deed
Page 5
9,1, Taxes, Grantor shall pay before dellnquency'all taxes,assessments, fees, a~d
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 C;'onservation
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, dernands, 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 ProcedLire Sections 1240,690 and 1240700.
10, Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguished without the prior writtimapproval ofCDFG. 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 C'bde 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 Conseryation
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 CDFGof 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
subse'quent claimants,ortransferee's are not given notice of the'covenants, terms, conditions and restrictions
of this Conservation Easement. The failure of Grantor or Grantee to perforrn 'any act provided in this'sectlon
shall not impair the validity of this ConserVation Easement or limit its, enforceability in any way. Grantor shall
not grant additional easements or oilier 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 person'ally 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 re"quested and addhessed as follows, or at such other address as any party may from time to time
specify to the other parties in writing:
To Grantor:
Kirk M, and Dawn 0, Carmichael
15955 Running Deer Trail
Poway, CA 92064
To Grantee:
City of Poway
P.O Box 789
Poway CA 92074
With acopy to:
Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue .
San Diego, CA 92123
Conservation Easement Deed
Page 6
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures, Each party agrees to provide to the other parties, within
seventy"two (72) hours after transmission of a Jacsimile, documentsithat:bear the original signatures.
13, Amendment. This Conservation Easement may be amended by Grantor and Grantee only
by mutual written agreement approved iri writing by CDFG, Any such amendment shall be consistent with
the purposes of this 'Conservatiori Easement and, shall not affect its perpetual duration, Any such
amendrilentshall 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 c;ontrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed ,to effect' the
purposes of'this Conservation Easement and the policy and purpose of Civil Code Section 815, et seq, If
any ,provision in this instrument is fourid to be ambiguous, an interpretation consistent with the purposes of
this Coriservation Easement 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 shall not affect the remainder of this
Conservation Easement Deed, If a court of competent jurisdictiori voids or invalidates the application of any
provision of this Conservatiori Easement Deed to a person or circumstance, such action shall not affect the
application of the provision to other persons or circumstances,
(d) Entire Aqreement. 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, all of which are merged herein, No
alteration 'or variation of this instrument shall be valid or binding unless contained in an 'amendment in
accordance with Section 13,
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(I) 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. 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)
of reference and are
,interpretation,
Captions, The captions in this instrument have been inserted solely for convenience
not a part of this instrument and shall have no effect upon its construction or
(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
Conservation Easement Deed
Page 7
original instrument as against any party who has signed it: In the event Df any disparity between the
counterparts produced, the recorded cDunterpart shall be controlling,
U) MDdification, This Easement is nDt subjecl'lo modificatiDn or amendment except in
writing and signed by GrantDr, Grantee and CDFG or their permitted succeSSDrs Dr assigns,
(k)
herein by reference,
Exhibits, All Exhibits referred tD in this Easement are attached and incorporated
(I) AppropriatiDns. The duty of the City of, Poway and CDFG to carry out their
respective obligations under this Easement shall be subject to the availability Df appropriate funds,
(m) Effective Date. This Easement shall be effective upDn recording with the San Diego
County RecDrder's 'Office,
IN WITNESS THEREOF, GrantDr anti Grantee have entered into this Conservation Easement the
day and year first abDve written,
GRANTOR:
.............,
~
By:
'4.-t ~
Kirk M, ca~
,~~
Dawn D. Carmichael
By:
Approved as to Form:
Office of the City AttDrney
Lisa Foster, City AttDrney
By:
aWQG~
3- I~- 0'1
Lisa Foster, City AttDrney
Date
M:\planning\oda\MDRAS\MD.RA 03-53,cannichael BC.E easement Revised.docx
CALIFORNIA ALL-PURPOSE' ACKNOWLEDGMENT
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State 01 Calilornia
County 01 San Diego
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personally appeared Kr ,{i, K (h
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Phyllis Shinn, Notary Public
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who proved tome on:'thebasis 01 satisfactory'evidence,to
be the person~hose name(9}Js/a~ subscribed:to;the
within instrument and acknowled.llE!d to me that'
he/s~the)L execyied the same if) his/~/ihllir.!alJthor;'zed
capacity(i~ and,thatby his/hGJjthl!u: signature~~>n,the,
instrument the person@:.. or the entity upon behallol
which the person(~cted, executed the instrument'
. I certify under PENi?>LTY OF PERJURY under the ,laws
01 the State 01 California that the loregoing paragraph,is
true and correct '
Signature
OPTIONAL
Though,the Information belowis,not required by law, it,may prove valuable topersons'relying.on the document
and could prevent fraudulent removal and reattachment of this form to,another document.
Document Date:
. Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's,Name:
o Individual
o Corporate Officer -Title(s):
o Partner - 0 limited o'Genenjl
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I certify under PENAl:.TY OF PERJURY under the, laws
of the State of California that the foregoing'paragraph is
true and correct
Signature
Signature ot Notary Public
OPTIONAL
Though the information below is not, required bylaw, it may prove valuabfeto personsIelying on,ihe document
and could prevent fraudulent removal and reattachment of this .form to another'document.
Description ,of Attached Document j
Title or Type of Document: Ca;!/..5t:7<V.1f70/V' C/I6t7J1 c-~ t;c7>
Document Date, fh.tra.c.lf /t Z{)f)9 Number of Pages: /3
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Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is.toCertify that theinterestin real pro~':hnvoied bYit&e conservation, Easement Deed by
Kirk M. Carmichael and Dawn,D Can'nichaeL, dated \ l'VOO , 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 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
L:lnda A.. Trovan. MMC Citv Clerk
Authorized Representative
Date: -Y /'T(b ,9
EXHIBIT 'Al '
BIOLOGICAL CONSER VA TIONEAsEMENT
A PORTION OF PARCEL 1 OF PARCEL MAP 18547, IN THE COUNTY OF SAN DIEGO,
STATEOF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 19, 2000 AS FILE NO. 2000~0501095 OF OFFICIAL
RECORDS AND MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 OF SAID PARCEL
MAP 18547;
THENCE ALONG THE SOUTHERL Y LINE OF PARCEL 1 NORTH 89009'04" WEST A
DISTANCE OF 45,21 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89009'04" WEST A DISTANCE OF 1024,10 FEET; HENCE NORTH
01057'57" EAST A DISTANCE OF 370.30 FEET; THENcE NORTH 71004'41" EAST A
DISTANCE OF 187.31 FEET; THENCE SOUTH 87032f02" EAST A DISTANCE OF
283,16 FEET; THENCE SOUTH 04039'49" WEST A DISTANCE OF 35.70 FEET;
THENCE SOUTH 82035'49" WEST A DISTANCE OF 16.76 FEET; THENCE SOUTH
65032'11" WEST A DISTANCE OF 50,16 FEET; THENCE SOUTH 36030'41" WEST A
DISTANCE OF 39.96 FEET; THENCE SOUTH 20053'19" WEST A DISTANCE OF 40,96
FEET; THENCE SOUTH 04001 '53" WEST A DISTANCE OF 59.75 FEET; THENCE
SOUTH 08008'10" EAST A DISTANCE OF 81,89 FEET; THENCE SOUTH 26021 '21"
EAST A DISTANCE OF 59,80 FEET; THENCE SOUTH 43056'13" EAST A DISTANCE
OF 56.79 FEET; THENCE SOUTH 71052'28" EAST A DISTANCE OF 57,21 FEET;
THENCE SOUTH 80021 '34" EAST A DISTANCE OF 83,92 FEET; THENCE NORTH
74056'56" EAST A DISTANCE OF 58,17 FEET; THENCE NORTH 32019'20" EAST A
DISTANCE OF 92.74 FEET; THENCE NORTH 44021'27" EAST A DISTANCE OF 11,84
FEET TO THE BEGINNING OF A NON-TANGENT 229,15 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, WHOSE RADIAL BEARS NORTH 46036'47" EAST;
THENCE ALONG SAID CURVEA DISTANCE OF 155.44 FEET THROUGH A CENTRAL
ANGLE OF 38051 '54" TO THE BEGINNING OF A TANGENT 107.51 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE ALONG SAID CURVE A DISTANCE OF 52.41
FEET THROUGH A CENTRAL ANGLE OF 27055'54"; THENCE NORTH 69050'47" EAST
A DISTANCE OF 53,53 FEET; THENCE SOUTH 25052'48" EAST A DISTANCE OF 2.43
FEET TO THE BEGINNING OF A NON-TANGENT 10,85 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, WHOSE RADIAL BEARS SOUTH 35040'23" WEST;
THENCE ALONG SAID CURVE. A DISTANCE OF 8.49 FEET THROUGH A CENTRAL
ANGLE OF 44048'39" TO THE BEGINNING OF A TANGENT 13,14 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE A DISTANCE OF
3,73 FEET THROUGH A CENTRAL ANGLE OF 16014'35" TO THE BEGINNING OF A
TANGENT 8,08 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG
SAID CURVE A DISTANCE OF 3,08 FEET THROUGH A CENTRAL ANGLE OF 21051 '13"
TO THE BEGINNING OF A TANGENT 25.05 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG SAID CURVE A DISTANCE OF 7,69 FEET
THROUGH A CENTRAL ANGLE OF 17034'55"; THENCE SOUTH 38002'49" WEST A
DISTANCE OF 1.46 FEET; THENCE SOUTH 51057'11" EAST A DISTANCE OF 3,62
FEET; THENCE NORTH 48058'00" EAST A DISTANCE OF 12.31 FEET; THENCE
SOUTH 40058'17" EAST A DISTANCE OF 83.18 FEET rOTHE BEGINNING OF A
TANGENT125,OO FOOTRADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
ALONG SAID CURVE A DISTANCE OF 20.76 FEET THROUGH A CENTRAL ANGLE OF
09030'54" TO THE POINT OF BEGINNING.
CONTAINING 4.67 ACRE, MORE OR LESS,
~Q.~Q<.Q?~,,, .
Robert R, Wallace
L.S, 5202
Exp. 06/30/09
P 1\ r;r'r:j r)
,.rjrJV~"'-I ~
pjvL 18547
-~
" (
1'04'41 ,
N 7 137.31
S 87'32'02" E
283,16'
S 36'30'41" W
39,96'
S 04'0 1'53" W
59.75'
'"
A PORTION OF PARCEL 1
BIOLOGICAL CONSER VA TION
EASEMENT
,
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~ ~
c; "
<:
4,67 ACRE f
S 26'21'21" E
59.80'
S 43'56'13" E
56.79'
;JLJJJ1
SCALE: 1" ~ 120'
120 0
~
120
I
~
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S 04'39'49" W
35.70'
S 82'35'49" W
16.76' A
S 65'32'11" W
50.16'
S 20'53'19" W
40.96'
S 08'08'10" E
81,89'
N 44'21 '27" E
11.84'
S 71'52'28" E
57.21 '
N 32'19'20" E
92.74'
N 89'09'04" W
S 80'21'34" E 1024,10'
83,92' N 74'56'56" E
8EC1JDN 4 58,17'
1, 14 8'1 R, 1 W,
.
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PJIL 18547
Ll = 27'55'54"
R= 107.51'
L= 52.41'
P.o.c.
EXHIBIT 81,1
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,>'5/
s/
pLjJJ~
SCALE: l' = 20'
20 0
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N 89'09'04" W
1024,10
20
I
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all
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REF
A
B
C
D
E
F
G
H
DELTA ANGLE
BEARING
S 25'52'48" E
44'48' 39"
16'14'35"
, 21'51'13"
17'34'55"
S 38'02'49" W
S 51'57'11" E
N 48'58'00" E
"
"
,
"
,
,
.
"
'.,
'.
"
'\
'\
"
\
\
\
Ll = 09'30'54"
R= 125.00'
L= 20.76'
RADIUS LENGTH
2,43'
10,85' 8.49'
13,14' 3,73'
8,08' 3,08' N
25,05' 7,69' I
1.46'
3,62'
12,31'
EXHIBIT B1.2