Conservation Easement Deed 2009-0429113
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DO.# 2009-0429113
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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
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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.
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Conservatioli Easement Deed
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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;
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Conservation Easement Deed
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(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
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Conservation Easement Deed
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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,
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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
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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
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Conservation E'asement Deed
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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
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Conservation Easement Deed
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(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
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of, -:;~
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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-
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Number of Pages:
Signer(s) Other Than Named Above:
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Signer's Name:
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o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
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RIGHTlTHUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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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
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Conservation Easement Deed
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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:
~
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L' da Tro en Cit Clerk
Authorized Representative
Date: 7-/o-C79..
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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?) -- -...-...
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LDT 34
l~AP NO. 14388
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1 INCH - 60 FrET
PROPERTY LINE
RADIAL BEARING
BIOLOGICAL CONSERVATION
EASEMENT "EXHIBIT A-1"
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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