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Conservation Easement Deed 2009-0429113 , , . DO.# 2009-0429113 11111111 111I 111rrn111 11111 11111 11111 11111 1111111111 11111 1111I 1111 1111 RECORDING REQUESTED BY: CITY OF POWAY JUL 31, 2009 2:00 PM OFFICI/l.L RECORD:" SAI-! DIEGO COUNTY RECORDER'S OFFILE [I./NIO L, BUTLER COUI'ITY RECORDEFI FEE~; [1[11) DC fl.6, WHEN RECORDED MAIL TO: fG CITY CLERK 11..12 CITY OF POWAY . \ t':/ POBOX 789 l'l(lL ' POWAY CA 92074,0789 V~r\ APN '277,220,34 lG1\Y\ PROJECT NUMBER: MORA 08,22 CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSER VA TlON EASEMENT DEED is made this / <; day'of !..t(,A 2009, by Mary Kathawa ("Grantor"), in favor of City of Poway ("Grantee"), acting by and ~ its Development Services Department, with reference to the following facts, PAGES: 12 1111111111111111111111111111111I11111111111111I1111111111111111111I1111111111111 Space Above Line tor Hecoraers use VOIY 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 particulariy described in Exhibit "A" and Exhibit "B" attached hereto and incorporated by this reference (the "Property"), B, The Property possesses,wildiife and habitat values (collectively, "conservation values") of great importance to the Grantee, the peopie of the City of PoiNay, the people of the State of California, and the people of the United States, C, The Property provides high quaiity Coastal Sage Scrub, Coastal Sage Scrub is the habitat of the California Gnatcatcher, which' is listed as a threatened species on the Federal Endangered Species list. The conservation area is contiguous to open space lands of similar habitat. Conservation of this property therefore will preserve habitat of a protected species, 0, 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 Caiifornia Civil Code Section 815,3(b) E, The State of Caiifornia, 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 Wildiife 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 U,S,C, Section 1531 et seq, (ESA), the Fish and Wildlife Coordination Act, 16 U,S,C, Sections 661-666c and other applicable laws, G, The biological resollrces analysis prepared by P&D Environmental, dated January 2000, for the entire subdivision TIM 98"02, "Heritage II Estates Biological Technical Report", identified impacts to Coastal Sage Scrub (eCS) habitat. Mitigation of impacted habitat was resolved as part of the Final Environmental Impact Report, Sch, No, 98091083 through the preservation of open space easements on each parcel throughout the subdivision, Open spaces were. ihdentified ,on the map no,14338, 'filed in the office,of the County Recorder of San Diego County, California on May 8, 2002, file number 2002,0391382 on Lot 34 for CSS, Recordation of Biological Conservation Easements will ensure preservation of areas set aside for Coast Sage Scrub habitat. Oc,'OIo~ ,;. . . Conservatioli Easement Deed Page 2 H, Grantor intends to convey to Grantee the right:to preserve and protect the conservation values of ,the Property in perpetuity in accordi,mce with CoVenants, Terms, Conditions and Restrictions contained herein in exchange for Granteeperniitting Grantor's construction of a single-family residence within Heritage II Estates. I. Grantee agrees.by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to, profect in perpetuity the c'onservationvalues of the' property in accordance with the terms of this Conservation Easement for the benefit of this generation and the. generations to corne. 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 !o,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,oftheProperty that will materially impair or interfere with the conservation valu.es of the Property Grantor intends that this Conservation Easement will confine the use of the Property to such activities, including without limitation, those in'volving the preservation and enhancement ()fnative species and their habitat in a manner consistent with the habitat conservation purposes of tnis Conservat'lon Easement. , 2". Riqhts of Grantee. .10 Elccpmplish the purpos!"s of this Conservation Easement, Grantor hereby grants and conveys the'follolNing rights to Grantee and the:State'of:California Department of Fish and Game as a third party beneficiary ofthis,easement by this Conservation Easement Deed: (a) To preserve and protect in perpetuity the conservation' values of the Property in accordance with this easement; (b) T~ enter upon, the . property at reasonable tim,es jn order to monitor Grantor's compliance with, and to othe~ise eDforce t~e terms of, this Conseryf!tjon Easement, including Grantor's obligation to manage. the property consistent with Grantor's duties as set~forthin Section 4, and for scientific research. and interpretive purposes by Grantee or its designees; and CDFG and its designees, (c) To pre~ent.any .activity on or use of the Property that is inconsistent 'with the purposes of this Conse~ationEasement and. to require the restoration of such areas or features of the Property that may '~e damaged by any'act, failure to act, or any use'that isincons'istent 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 nieans 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 EasemenLand .nol:specifically reserved asa right of Grantor is prohibited, Without limiting thegen'erality of the'foregoing, the following uses by Grantor, Grantor's agents, and third parties, are. ex'pressly prohibited unless s'j'>ecifically provided for through the Poway Subarea Habitat Conservation Pla'n/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; . . Conservation Easement Deed Page 3 (b) Use of off-roadvehicles;:exceptvehicles used for'Pfoperty maintenance required by the City of Poway, and then only over exislill'g'ro'ads; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erection of any building, billboard, or sign; (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (f) Otherwise altering the general topography of the Property, including building of roads or changing the grade ofthe Property; (g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as required by law for (1) firebreaks, (2) maintenance of existingfobt. trails or roads, or (3) prevention or treatment of disease; (h) Planting of trees or other vegetation except by written permissionfr6m the City of Poway. 4. Grantor's Duties, Grantor shall undertake all reasonable actions to prevent the unla\Nful entry and. trespass by persons whOSE?' activifies 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 C'onserVation 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 io permit or invite others"toengage 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 Conserv~tion,Easement or that a violation is threatened, Grantee ~hali give. written notice to c;ranlor of such violation and demand in writing correftive acti?n sufficient to cure the vio.lation Grantee shallalso 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 C;rantee, or if the,cure,r~as()nably requires more than thirty (30) daysto complete and c;;ran'torfa'ils to begin the cure within th~ thirty (30) day period or fails to continue diligently to complete the cure, Gr"n,tee: may bring an .action at law or in equity in a court of competent jurisdiction :to'enforce the terms Clfth.is Conservation Easement, to recover any damages to which Grantee may beentitled:for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, .ex parte as necessary, by temporary or permanent injunction 'without .the. necessity of'proving either aCtual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration onhe Property to theconditibn in which it existed prior to any such violafion or injury. Without limitingiGrantor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property If Grantee: ,in its sole. discretion, determines that circumstances require immediate action to prevent or niitigateisignificant' damage to the conservation Values of me Property, Grantee may pursue its remedies undehhis' paragraph without prior notice to Grantor orwithout 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 ConserVatibn',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 'aaaition to such other relief to which Granteell1ay 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 allremedies now or hereafter existing . . Conservation Easement Deed Page 4 at law or in 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,-futureGrantor or any subsequenUransferee uses or threatens to use such lands, for purp'oses 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) asa third party beneficiary of this easementshall 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 qrantee or CDFG in enf()rcing the terms of this CbnseivationEasenienf a'gainst 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 Nb delay or omission by Grantee or CDFG in tl1e 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 Sevond Grantor's Control. Nothing contained in this .Conservation Easement by Grantee shall be at.the,discretion of Grantee and CDFG to bring any action against Giimtor'for any injury o[ 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 "ish 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 or USFWS. 6.5. Fence. Installation'and Maintenance. Grantor shall install and maintain a fence between the approved development,area oHhe parcel.and'the Conservation Easement Deed a'rea to protect in perpetuity the conservation values and 'function of the Property, The type of fencing shall also include posts,and'signagesituated approxiniately50feet apart, The. Grantorshall,obtain approval by the Grantee's Director of Development Services regarding the specific location, type, and height of the fence and signs prior to their'installation, 7. Property Manaqement and Maintenance, Grantor and its successors shall maintain the Property in accordancewith-th'e''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 ~nreas6nably withheld, acces~ 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 transfercbsts, 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 beforedelincjuency all. taxes, assessments, fees, and charges of whatever description levied on or assesse'd a'gainstthe Prbperty by competent authority (collectively "taxes"), including. any taxes imposed upon, or incurred as a result of, this Conservation EasemenC'and shall furnish GranteeandCDFG with satisfactory evidence of paynient upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFGand 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, reasonableattorneys"fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damages t.o .any property resulting .from any act, omission, condition, or , - . _.0 " ~ 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 ofCiv'i1 Procedure Sections 1240.690 and 1240.700. 10. Assiqnment. Thi.s Conservation Easement may not be transferred, assigned, or extinguished withouttheprior written approval of CDFG. Grantee may.a;;sign 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, includin,g, "!I!ho.ut (imitation, a leasehold interest. Gran,tor further agre~s to give written notice to. Grantee or the CDFG of:the intent to transfer any interest at,least forty-five (4,5) day,s prior to the date of such transfer. Grantee shaU have the right to prevent subsequent transfers in which prospective subsequenf ciaimants,ortransferees are not given notice of the covenants: terms, conditions and restrictions of this Conseryalion Easement. Thefaiiure of Grantor or Granteetoperform'any act provided in this section shall not impair the ~alidity of this. Conservation Easement;or limit its'enforceability in anyway. Grantor shall. not grant additional easements or other interests in the property without the prior written authorization of Grantee and CbFG. 12. Notices. All notices, deman'ds, requests, consents, approvals, or communications from one party to another shaH be personalfydeliv~redor sent by facsimile to the persons set.forth below or shall be deeme>d given. five (5) d.ays 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;ttie other parties in writing: '. . To Grantor: Mary Kathawa 14121 Biscayne Place Poway, CA 92064 To Grantee: City of Po way PO. Box 789 Poway CA 92074 With a copy to: Department ofFish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 . . Conservation E'asement Deed Page 6 The parties agree to accept faceimi}e; signed documents ,and. agree to rely upon. such documents as if they bore original signatures, Eac~ partYagree~ .to. provide to'the other parties,within seventy"two(72) hours after transmissionof.a facsiniile, 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 DiegoCouhty, State of California 14. Recordation, Grantor shall promptly record this instrument in the official recor.ds of San Diego County, California ai1d immediately notify the Grantee and CDFG'thrOugh the mailing of a confirmed copy of tne 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 Construdion. Any general rule of construction to ,Hie contrary notwithstanding, this Conservation EaS'ernEmt shall be liberally construed .infavor of the deed to effect the purposes of this Conservation Eas'ehlent and the policy and purpose 'of Civil Code Section 815, etseq, If any provision in this instrument is found 'to,.be ambiguous, an interpretation consistent with the purposes of this Conservation ,Easement that would render the provision valid' shall be favored over any interpretation that would render it invalid, (c) 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,courliof.competent jurisdiction voids ,or invalidates the application of any provision of this Conservation Easerile'ht 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; i::asement and supersedes all :prior discussions, negotiations, understandings, or agreements relating to the Conservation Ease,ment: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, ' . Ie) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. .(f) Successors. The covenants, terms, conditions, and restrictions of this Conservation EasemenLDeed sh'all be binding' upon, 'and inure' to the benefit of, the parties hereto arid their respective personal representatives" heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the PrOperty. These"covenants hereunder ben'efiting 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 p'arty'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 pa'rt of this instrument and 'shall have no effect upon its construction or " . . Conservation Easement Deed Page 7 (i) CounterParts. 'The parties may ex'ecute this'instrument in two or more counterparts, which shall, in the agg-regate, 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 proauced, the recorded,coUl,terpart 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 Mary Kathawa, Property Owner By: NUl. ~L.,1>v(*p,- Mary KaUlIawa Approyed as to Form: Office ciHhe City Attorney Lisa Foster, City Attorney By ~U-Q dsx:rtrA Lisa Foster, City Attorney M:\planning\Harmony\MDRA 08-22\Conservatlon Easement Deed (BCE),doc . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~.<X'~~~~~~~v5(.'~~~..,(iM'~,,(iX'~~..e<>....6<"...m I State of California County of, -:;~ - ~ } , -- On 7/15'/,:) '1 Dale . /)(~~.J before me, ~4/d-- d- :1::~~:;~tle~~&~ 7 ------ personally appeared /I1tt r 7 j('..1't' '" .,./ -- .' Name(s) oISigner(s) who proved to me on the basis of satisfactory evidence to be the person($} whose name~are subscribed to the within instrument and acknowledged to me that he/@ey executed the sam~his@heir authorized capacity(ie5), and that by his/.fierMeir signatur~ on the instrumem-- ihe person~, or 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. WITNESS Signature 01 Notary Public hand and official seal. Place Notary Seal Above Signature OPTlO Though the information below is not required by , 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 Attached Document Title or Type of Document: ~ A "'~ )A--~ """---- Document Date: 7//d '1- t ( ~ p---.J- ,!) 0 ~ -<_ . T'/I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) . Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHTlTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~~~"~,:.;g,..~~~~~~=.-v~~~~~~~~~~~~~~~~~'<;;!~";.1~;,.~~~~~~~~~~ C2007 National Notary Associa~on. 9350 De Soto Ave., P.O. Box 2402. Chatsworlh, CA 91313-2402. wwv.:.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 . . Conservation Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in;real property conveyed by the Conservation Easement by Mary Kathawa'and Keith'Soares, dated :) hS-/e>'7 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: ~ ~ L' da Tro en Cit Clerk Authorized Representative Date: 7-/o-C79.. M:\planning\Harmony\MDRA,08~22\BCE Documents\ConseNation Easement Deed (BCE).doc " f ! . . BIOLOGICAL CONSERVATION EASEMENT EXHIBIT "A2" ALL THAT PORTION OF LOT 34 MAP NO. 14388 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MORE PARTIClLULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 34, SAID POINT BEING THE BEGINNING OF A NON TANGENT 453.00 FOOT CURVE CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 71022' 36" EAST, THENCE ALONG THE SIDE LINE OF SAID LOT 34 THE FOLLOWING COURSES, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 19029' 20" A DISTANCE OF 154.09 FEET; THENCE SOUTH 000 51' 56" WEST A DISTANCE OF 112.45 FEET TO THE BEGINNING OF A 772.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 16003' 14" A DISTANCE OF 216.31 FEET TO THE BEGINNING OF A 24.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGHA CENTERAL ANGLE OF 860 50' 01" A DISTANCE OF 36.37 FEET; THENCE SOUTH 71038' 42" WEST 14.68 FEET TO THE BEGINNING OF A 420.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONGTHE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 490 45' 47"A DISTANCE OF 364.78 FEET TO A LINE DESIGNATED AS AN "OPEN SPACE" EASEMENT ON SAID MAP NO. 14388; THENCE LEAVING SAID SIDE LINE ALONG SAID "OPEN SPACE" EASEMENT THE FOLLOWING COURSES, NORTH 720 12' 29" WEST 24.69 FEET TO THE BEGINNING OF A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTERAL ANGLE OF 127" 20' 29" A DISTANCE OF 233,37 FEET; THENCE NORTH 55008' 00" EAST 131.46 FEET TO THE BEGINNING OF A 125.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 900 08' 58" A DISTANCE OF 196.68 FEET; THENCE NORTH 350 00' 58" WEST 88.73 FEET TO THE BEGINNING OF A 64.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 92" 20' 49" A DISTANCE OF 103.15 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 34; THENCE LEAVING SAID "OPEN SPACE" EASEMENT ALONG THE NORTHERLY LINE OF SAID LOT 34 NORTH 520 38' 13" EAST 368.66 FEET TO THE POINT OF BEGINNING. C~C~~ CHRIS CIREMELE LS 5267 EXPIRES 12/31/09 . . BIOLOGICAL CONSERVATION EASEMENT EXHIBIT "AI" ALL THAT PORTION OF LOT 34 MAP NO. 14388 IN THE CITY OFPOWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MORE PARTICILULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 34; THENCE ALONG THE WEST LINE OF SAID LOT 34 SOUTH 00012'50" EAST 447.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 34; THENCE ALONG THE SOUTH LINE OF SAID LOT 34, SOUTH 89045' S9" EAST 234.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 34 SAID POINT BEING THE BEGINNING OF A NON TANGENT 420.00 FOOT RADIUS CURVE CONCAVE EASTERLY, ARADIAL LINE TO WHICH BEARS NORTH 78043' 30" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20 24' 54" A DISTANCE OF 17.70 FEET TO THE MOST SOUTHERLY POINT OF AN "OPEN SPACE" EASEMENT AS SHOWN ON SAID MAP NO. 14388; THENCE ALONG THE SIDE LINE OF SAID "OPEN SPACE" EASEMENT THE FOLLOWING COURSES, NORTH 720 12' 29" WEST 24.69 FEET TO THE BEGINNING OF A TANGENT 165.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVETHROUGH A CENTERAL ANGLE OF 950 11' 51" A DISTANCE OF 274.15 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 830 07' 27" A DISTANCE OF 29.02 FEET TO THE BEGINNING OF A 10S.00 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTERAL ANGLE OF 330 59' 07" A DISTANCE OF 62.28 FEET; THENCE NORTH 26008' 58" WESTt47.45 FEET TO THE POINT OF BEGINNING. C ~1"-' rMf~ CHRIS CIREMELE LS 5267 EXPIRES 12/31/09 CURVE DATA TABLE UMBER DELTA ANGLE RADIUS ARCLENGTH C1 86'50'01" 24.00' 36..37' C2 JJ'.;9'07~ 105.0Q' 62.28~ C3, 83'07'27 20.00' 29.02~ C4 02'24'54. 420.00' 17.70 C5 0811:31"4-20.00' 60.05~ (:i ~ C6 92'20'49~ 64.00' 103.15' :!. UNE DATA TABLE I it NUMBER DIRECTION . DISTANCE L1 N 7212'29' W 2'.69' ~y I~ L2 N 7212'29" W 24.69' ^ ,,(),,/ ~ L.3 N 71'38'42" E 14.68'':-' ~ ~..-,~ EXHIBIT B N;,:;;__ POB <'36"'"; --... A-2 N -52"38'13"[ 625.17' cO?) -- -...-... 7" "" /---;7' -/ 368.66' ~ 7" 7' ./ 2:", C'~/ / ./ ./ /// ./ , ~:~ \./ ,/ ./~./~./ . ~fJ "I /././ /'<'./:;;/ / ,/ ,/." II / /' /' .~/". . ."'./ ./ ./ ./ NJ> . ~i</ ./ ./ ./ "'$" !!JilI/./ ./ ./ ;/ /. qf (<t "./ ~ ././ Q~ cP' o"?' () I:' 256.52' LDT 34 l~AP NO. 14388 00/ ./ 'l-'" / </,'/ ./ 'ff5~// ./ ~~3.3~ N.=.'O~O"E '~6' D.~O............. /' /' ,// ./ ./ ./ ./ .\/./ ./ ,/ 0,% ,/./../ ,V ./ ./ ./ ./ ./ ./ ~ '" ./ ./ ./~,/,/ LEGEND ~ /' /' /' /' "- ."'V ././././ ,,' ---- ~ ./ ./ ./ ././ '" '- ./ ./ " R"': .20/0' "L36', 78' ./ (R) "./ /" ,"'-45'4~/- - . -\ ,/ J>>V49~20,OO' ". "2.5.' ~ /' ~,2~ R",,42 - /' ~60'22.......---::- 1:' POINT <;'" C>?~~C'C. ,,5 \/ e .;;-- \'l> \~. \'(,- \;' \s;; 'P 1 INCH - 60 FrET PROPERTY LINE RADIAL BEARING BIOLOGICAL CONSERVATION EASEMENT "EXHIBIT A-1" '/.- 1--~ 0> -a..\ \c:9. ~>- \~~ ~.{" '\~ ;." \r.e, BIOLOGICAL CONSER VA TION EASEMENT EXHIBIT LOT 34. MAP NO. 14388. IN THE CITY OF POWA Y, CA. 'SCALL 1"-60' DATE: 6/29/09 BIOLOGICAL CONSERVATION . EASEMENT "EXHIBIT A-2" MAP PREPARED BY' CHRIS D. CIREMELE 164 S, ESCONDloa BLVD, 'ESCONDIDO, 'CA' 92025 (760) 489-2200