Conservation Easement Deed 2009-0069157
,
,
DOC # 2009-00691 57
11111111111111111111111111111111111111111111111 1111111111 1111111111111
RECORDING REQUESTED BY:
CITY OF POWAY
FEB 12,2009 12:16 PM
OFFICliI.L RECORD~,
',;,0,1'1 DIEGO CDUNTY RECDFIC'ER'S OFFICE
DAVID L. BUTL.ER CDUIHY FIECDRDER
FEES: 0.00
OC: Nil,
~
f'Jf
c)CfP-'
COt)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074,0789
PAGES: 11
111111111111111111111111111111111111111111111111111I1111111111111111111111111111
./ APN: 321-270,55
TTM 01-03, MORA 04-60CF and MORA 06,04
This space for Recorder's Use Only
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSER VA nON EASEMENT DEED is made this ~ ncL day of K.brlJ..tlrv , 20o:! by
Elwood G, Norris and Stephanie Anne Norris, Trustees of the Norris Family 1997 Trust dated November
5, 1997, as to a portion, and EGN Holdings, LLC, as to a portion, ("Grantors"), in favor of City of Poway
("Grantee"), acting by and through its Development Services Department, with reference to the following
facts,
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 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 coastal sage scrub and riparian woodland, Coastal
sage scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the
Federal Endangered Species list
D, The City of Poway is authorized to hold conservation easements for the preservation of
land in its natural, scenic,agricullural, 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 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 depend under the Endangered Species Act, 16 USC. section 1531 et
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U,S.C section 661-666c and other applicable laws.
G, This Conservation Easement provides protection for 26.92 acres of land that contains
Coastal Sage Scrub and Southern Mixed Chaparral habitat located within the City of Poway's Subarea
Habitat Conservation Plan/NCCP Focused Planning Area,
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
OCj-OIO
Conservation Easement Deed
Page 2
contained herein in exchange for Grantee permitting Grantor.'s ,removal of 6,06 acres of Coastal Sage
Scrub and 7.4 acres of Southern Mixed Chaparral. This iS,a mitigation measure for such removal of 6,06
acres of Coastal Sage Scrub and 7.4 acres of Southern Mixed Chaparral.
'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 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 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 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 Plan/NCCP,
(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,
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Conservation Easement Deed
Page 3
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erection of any building, billboard, 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 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 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 Dther 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 sDle discretion, determines that circuinstances 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 GrantDr 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 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 fDr purposes inconsistent with this Conservation Easement, notwithstanding Civil Code
3
Conservation Easement Deed
Page 4
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 samerights 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 at the 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 deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easement or of any of 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 beatthe discretion of Grantee and CDFG to bring any action against Grantor
for any injury to 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 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.
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. 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.
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Conservation Easement Deed
Page 5
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.
10, 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 county where the 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 to another shall 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 requested and addressed as follows, or at such other address as any party may from time
to time specify to the other parties in writing:
To Grantor:
Elwood and Stephanie Norris
16101 Blue Crystal Trails
Poway, CA 92064
To Grantee:
City of Poway
P.O, Box 789
Poway CA 92074
With a copy to
Department of Fish and Game
Natural Community Conservation Plannin9
4949 Viewridge Avenue
San Diego, CA 92123
The parties a9ree 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 facsimile, documents that bear the original signatures.
13, Amendment This Conservation Easement may 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 of this Conservation Easement and, shall not affect its perpetual duration,
Any such amendment shall be recorded in the official records of San Diego County, State of California,
14, 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
5
Conservation Easement Deed
Page 6
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 effect the
purposes of this Conservation Easement and the policy and purpose of Civil Code Section 815, et seq, If
any pro'vision 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 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 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) 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,
UJ 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,
6
Conservation Easement Deed
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written,
GRANTOR:
Elwood G, Norris and Stephanie Anne Norris, Trustees of the Norris Family 1997 Trust dated
i::;:::''' 5, ,"9~" EGN HO"'09', LLC I"wood NOIT" " '" '"hoh"d '9,"1), 'rop'",
By ~~~:(Tru:e~~~ orris~~ru~ta~~S ~~~I~ \~{\\\CWi
Authorized Agent of EGN Holdings, LLC)
By:
Fam~~hud
Approved as to Form:
Office of the City Attorney
By:
~cQ~
<:1- ~ '5 .-o:J
Lisa Foster, City Attorney
Date
M:\planning\cmr\norris dfg Conservation Easement Deed,doc
7
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
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On (arTA.4.ry Z/ 2<:>0'1
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before me,
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personally appeared
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Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capacity(ies), and that,by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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
Place Notary Seal Above
WITNESS my hand and official seal.
Signature ~
Signature of Notary Public
OPTIONAL
Though the information below is not required by "law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form' to. another document,
Description of Allached Document
Title or Type of Document: CIJ'17.s",,~f,o"; cQ.Jcm~f c!Je<.Ci
Document Date: R--br~,!:J., ZOO?
Signer(s) Other Than Named Above: M/1<--
Number of Pages: ( 0
Capacity(ies) Claimed by Signer(s)
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@2007National Notary Association' 9350 De Soto Ave.> P.O. Box 2402' Chatsworth, CA 91313-2402' www.NationaINotary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in re?1 property conveyed by the Conservation
Easement Deed by Elwood ,G. Norris and Stephanie Anne Norris, Trustees ofthe Norris Family
1997 Trust dated Novembet5, 1997, as to a portion, and EGN Holdings, LL~, as to a portion
,dated .:2.. -..2: - I? .'j' , 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 C.ode Sectiol'1 272_8J),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 Powayon
January 20, 1981. .
GRANTEE: City of poway
/BY:-C, ~
Lin a A. Trovan, MMC, Citv Clerk
Authorized Representative
Date ..:z - IP- c> 9
8
EXHIBIT 'A'
LEGAL DESCRIPTIo.N
BIo.Lo.GICAL Co.NSERV A TIo.N EASEMENT
A Po.RTIo.N o.F So.UTHEAST QUARTER o.F THE SOUTHEAST QUARTER o.F
SECTIo.N8, To.WNSHIP 14 So.UTH, RANGE 1 WEST, SAN BERNARDINO.
MERIDIAN, IN THE CITY o.FPo.W A Y, COUNTY o.FSAN DIEGO., STATE o.F
CALIFORNIA, ACCo.RDING TO. o.FFICIAL PLA TTHEREo.F, DESCRIBED AS
Fo.LLo.WS:
BEGINNING AT THE NORTHWEST Co.RNER o.F THE So.UTHEAST QUARTER
o.F THE So.UTHEAST QUARTER o.F SAID SECTIo.N 8; THENCE ALo.NG THE
No.RTHERL Y LINE o.F SAID So.UTHEAST QUARTER So.UTH 87024'48" EAST,
360,30 FEET; THENCE PARALLEL TO. THE WEST LINE o.F SAID So.UTHEAST
QUARTER So.UTH 04056'01" WEST, 343,00 FEET; THENCE So.UTH 70005'16"
EAST, 1012.30 FEET TO. A Po.INT IN A LINE 60 FEET WESTERLY AND
PARALLEL TO. THE EAST LINE o.F SAID So.UTHEAST'QUARTER; THENCE
ALo.NG SAID LINE So.UTH 08006'34" WEST, 89,91 FEET; THENCE
PERPENDICULAR TO. THE EAST LINE o.F SAID So.UTHEAST QUARTER
No.RTH 81053'26" WEST, 191.20 FEET TO. A Po.INT IN A LINE 251.20 FEET
WESTERLY AND PARALLEL TO. THE EAST LINE o.F SAID So.UTHEAST
QUARTER,; THENCE-ALo.NG SAID LINE So.UTH 08006'34" WEST, 600,00 FEET;
THENCE PERPENDICULAR TO. THE EAST LINE o.FSAID So.UTHEAST
QUARTER So.UTH 81053'26" EAST, 191.20 FEET TO. A Po.INT IN A LINE 60 FEET
WESTERLY AND PARALLEL TO. THE EAST LINE o.F SAIDSo.UTHEAST
QUARTER; THENCE ALo.NG SAID LINE So.UTH 08006'34" WEST, 23.70 FEET
TO. A Po.INT IN THE So.UTH LINE o.F SAID So.UTHEAST QUARTER; THENCE
ALo.NG SAID LINE No.RTH 85025'20" WEST, 1298.39 FEET TO. THE
So.UTHWEST Co.RNER o.F SAID So.UTHEAST QUARTER; THENCE ALo.NG
WEST LINE o.F SAID So.UTHEAST QUARTER No.RTH 04056'01" EAST, 1310.46
FEET TO. THE POINT o.F BEGINNING,
To.TAL AREA IS 26,92 ACRES, Mo.RE o.R LESS.
PREPARED BY:
~~-0I 1-1~'1
WILLIAM Y N, RCE 33730
EXHIBIT 'B'
BIOLOGICAL CONSERVATION EASEMENT PLAT
BASIS OF BEARINGS:
THE SOUTHERLY LINE OF SECTION 8 PER ROS 16469,
I,E. N85'2S'20"W
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2J WJi
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S'L Y LINE
OF SEC 8
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LINE DATA
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N87'24'48"W
1435,18'
1 074,88'
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BASIS OF BEARINGS)
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1358,50'-
60.11'
("-rr- -jC'
~C.L 0
l1: N04'56'01 "E 343,00'
l2: N08'06' 34"E 89,91'
l3: N81'53'26"W 191.20'
l4: N08'06' 34"E 23,70'
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EXISTING EASEMENTS
00#1:
00#2:
BIOLOGICAL CONSERVATION ESM'T PER
FIN 1996-0308469 REC. 6-19-1996,
UTILITY ESM'T PER FIN 1997-0162037
REC, 4-9-1997,
W00318