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Conservation Easement Deed 2009-0500861�4 RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 DOC # 2009- 0600861 SEP 08, 2009 8:51 AM OFFICIAL RECOFIDS SAN DIEGO COUNTY REI- ORDER'S OFFICE C? u'O L. BUTLER COUNT', RECORDER FEES. 0.00 OC: NA PAGES: 20 Space Above Line for Recorder's Use Only APNs: 276 - 140 -11 and 276- 140 -12 PROJECT NUMBERS: MDRA 03- 62 and MDRA 03 -63 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT DEED is made this — 20"1' day of IU1 U Sf 2009, by Jonathan and Kimberly Weisz and Old Coach Way LLC j "Grantor ")„ in favor of Citydf 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. One pair of California Gnatcatchers' and a single male were observed on site. Conservation of this property, therefore, will preserve habitat of a protected species. D. The City of Poway is authorized to hold conservation reasements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. The City of Poway has authority to hold easements for these purposes pursuant to California Civil Code Section 815.3(b). E. The State of California, by and through its Department of Fish and Game. (CDFG), has jurisdiction, pursuant to the Fish and Game 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 oU ish, 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. Section•661 -666c and other applicable laws. G. This Conservation Easement provides protection for 31.41 acres of, land that contains South Coast Live Oak Riparian Forest, Disturbed Wetlands, Coast. Live Oak Woodland, Coastal Sage, Scrub, Disturbed Coastal Sage Scrub, and Non - Native Grassland located within the City of Poway's Subarea Habitat Conservation Plari Focused Planning Area. Q, 1 1 Conservation 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 accordance with Covenants, Terms, Conditions and Restrictions contained herein in exchange for Grantee permitting Grantor's removal of 7.54 acres of habitat on the property consisting.of 0.67 acres,of,Coastal Sage Scrub, 5.05 acresof Disturbed Coastal Sage Scrub, and 1.82 acres�of Non - Native Grasslands. The required mitigation for this impact is 2:1 for Coastal Sage Scrub and Disturbed Coastal Sage Scrub and 1:1 for Non Native Grassland for a'total required mitigation of 13.26 acres.. The Grantor will be placing the 18.15 acres, which is in excess of the total require mitigation, into the Conservation Easement ,voluntarily and has forfeited the ability to use this excess habitat for habitat mitigation credits. 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 oUnative species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation. Easement. 2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee and 3heStateof California Department of Fish and Game as a third'partybeneficiary 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 orfeatures of the Property that maybe 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 (d) 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 ofthis Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the"generalityof the foregoing, the following uses by Grantor, Grantor's agents, Conservation Easement.Deed Page 3 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 affectthe purposes of this Conservation Easement; (b) Use of off -road vehicles; except vehicles used for property maintenance required by the City of Poway, and then only over existing roads. (c) Grazing or surface entry for 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; (f) 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. Grantors Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and, trespass by persons whose activities may degrade. or 'harm the! conservation tvalues of ',the, Property. In addition, Grantor shall undertake: all necessary actions'to, protect- Grantee'snghts under Section 2 of this Conservation .Easement. 'drantor'furthercovenants that maintenance of the Property, to wit: clean up of all trash and debris, shall�be the Grantor's responsibility. 5. Reserved Rights. 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 Propertyshat' 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 wrdten notice to Grantor of such violation and demand in writing corrective action sufficient to cure the violation: Graritee.s hall 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`thecure 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 paste 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 of:the Property to the condition in which it existed prior to any such violation or injury. Without limiting Grantor's liability therefore. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the'Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the Conservation Easement Deed Page 4 terms of this Conservation Easement.. Grantor'and'Grantee agree that Grantees remedies for any violation of the terms ofthis 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 of4he 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 thisasection 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 for purposes inconsistent with this Conservation' Easement, notwithstanding Civil Code'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 same rights as Grantee under this section to enforce the terms of the easement. 6.1. Costs of "Enforcement. Any costs incurred by Grantee or CDFG in enforcing the terms of this Conservation Easement against Grantor, including', but not limited to, costs of suit and attorneys' fees, and any costs of restoration .necessitated by Grantor's "violation or negligence under the terms of this 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 Easementby Grantor shall not be deemed or construed to be a_ waiver by Grantee of 'such term or of ,any subsequent, breach oflthe same or other term of this Conservation Easement or of any of1the7Grantee's rights under-this Conservation Easement. ;:No delay. or omrssion -by "Grantee or'CDFG'imthe exercise of any right or remedy upon any breach by: Grantor shall impair such right or remedy or be construed as a waiver. 6.1 Acts Beyond .Grantor's Control, Nothing contained in this Conservation Easement by Grantee shall °be.at• the discretion of'Grantee and'CDFG to bring any action againstGrantor 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 Propertyresulting from such causes. 6.4. Department of Fish and Game Right 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 USFM. 6.5. Fence Installation and Maintenance. Grantor.shall install and maintain a fence between the approved development area of the parcel'and the Conservation Easement Deed area to protect in perpetuity,the conservation values and °function of he Property. The type of fencing, may also include posts and signage. The Grantor shall obtain approval by the Grantee's Director of Development Services regarding the specific location,'4ype, and height of the fence prior'to its installation. 7. Property Management and Maintenance. Grantor and its successors shall maintain the Property in, accordance with the terms and conditions asset forth herein. 8. Access. This Conservation Easement does not convey a general right of access to the public; however, after receiving approvalfrom,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.. Conservation. Easement Deed Page 5 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. 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. Assignment. 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.P.roperty 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 anyact:provided in this section shall not impair the validit -of this Conservation Easement or limibits enforceability in anyway. Grantor shall not grant additional easements or other interests in the property without the priorwritten 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 t,o 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: Jonathan and Kimberly Weisz (APN 276- 140 -11) 18880 Old Coach Way Poway CA 92064. To Grantor: Old Coach Way Li (APN 276 - 140 -12) Post Office Box 7643 Capistrano Beach CA 92624 Conservation Easement. Deed Page 6 To Grantee' City of Poway P.O. BOX 789, Poway CA 92074 With a copy to: Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy -two (72) hours after transmission of a 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.- 15. General Provisions, (a) Controlling Laws The interpretation and performance.of this'Con_servation Easement shall be governed by the, laws iof`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,ancl the policy and purpose of Civil Code Section 815, et seq. 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) 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. IPalcourt 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 Agreement. 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. (f) 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. Conservation Easement .Deed Page 7 (g) Termination. of Rights and Obligations. 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. (1) 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. (j) 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) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by reference. (1) 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 Conservatio_ n Easement the day and year first above written. GRANTOR (APN 276- 140 -11 276 -140- Member Approved as to Form: Office of the City Attorney (, L, By: � Lisa X Foster, City Attorney and Kimberly i Coach Way LLC CALIFORNIA ALL-PURPOSE 1 1 State of California County of San: Diego On AlA5 %Zf Z-40 before me,. Dale , personally appeared GFL PN7lU6 BNN111 CommWbn a171 Notary Pull commrlla SonVlepo County Place Notary Seal Above Public E who proved to me on the basis of satisfactory evidence to be the persol whose name*is /aksubscribed to the within instrument and acknowledged to me that he /*/they executed the same in his /h MhXit- authorized capacity(i2 kL and that by his /h1,r /tft r signature(( on the instrument the 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 myh pcland official se 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 Attached Document 1 ` 1 Title or Type of Document: C—Px zL -K11 f'-%%O,41 G� .S�%� r✓ R' / U Document Date: l �Jl% 2 o f ZOo 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT.THUMBP,RINT "�oE SIGNEfl• "`� "� 0 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHr.THUMBPRINL "OESIGNERrI,: 02007 National Notary Association, 9350 De Soto Ave., aO.Box 2402 •Chaccvorth; CA 91313 - 2402 -w .NationalNOtary.org Item #5907 Reorder: Call Toll Free 1- 800 -876 -6827 State of 'California County of San Diego On N4j srZ120 97 before me, Phyllis. Shinn, Notary Public Data Here Insert Name and Title of the Officer, personally appeared !\ /iy/Lf j�1SZ Namelsl of Slonerls) 1W LIS -BNINN Commlubn ry 1778911 Notary Nil - Caltforift lowBan Dli County Place Notary Sear Above who proved to me on the basis of satisfactory evidence to be the personXwhose name( is /aim subscribed to the within instrument and acknowledged to me that VWsheftfoy executed the same in Xis /her /$�authorized capacil and that -by 6(s /her /tl r signaturl the instrument the person(, or the entity upon behalf of which the person(lk 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 my ha nd official sea . 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 Attached Document Title or Tvoe of Document: Document Date: 1474 %rf Z� z � � f� Number of Pages: Z / C / Signers) Other Than Named Above: Z/ 'Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑. Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ .Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT;THUMBPRINT "OF SIGNER'. 9 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGONGR 02007 National Notary Association 9350 De Soto Ave.. PO. Box 2402•Chatsworth, CA 51313 -2402• www Nationeirmbaryorg 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 De d by :Jonathan and Kimberly Weisz and Old Coach Wav LLC, Grantor, dated $ZCn , to the City of Poway, Grantee', and to the California Depart_ ment of FisH and Game, as a third party beneficiary, a governmental agency (under Government Code Section'27281), i9 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. M: \planning \jason \WeiszBCE (2).docx GRANTEE: City of Poway Date: EXHIBIT'A' LEGAL DESCRIPTION BIOLOGICAL OPEN SPACE EASEMENT EA 04 -03 PARCEL A ALL THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 143;19;. FILED IN THE OFFICE OF THE ^COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON JUNE 18, 1986 AS FILE NO. 86- 245870. EXCEPTING THEREFROM: THE SOUTHEASTERLY 30 FEET. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 3 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 51 035'48" WEST-;,'30.39 FEET TO A POINT IN A LINE 30.00 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE OF SAID. PARCEL BEING THE TRUE POINT OF BEGINNING; THEN CONTINUING_ ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 51 °35;'48" WEST, 423.08 FEET; THENCE' SOUTH 77 033'06" WEST, 30.79 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH.23 "20'52" EAST, 64.78; THENCE SOUTH 66 039'08" EAST, 10.00 FEET; THENCE NORTEI 23 020'52" EAST; 43.50 FEET; THENCE NORTH 66039'08 WEST, 10.00 FEET; THENCE NORTH 23"20'52" EAST; 250.13 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY .ALONG SAID CURVE TROUGII A CENTRAL ANGLE OF 81°51'54 ", A DISTANCE OF 121.45 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 79 °51'07" EAST, 76.09 FEET; THENCE SOUTH 71 043'04" EAST, 145.12 FEET; THENCE SOUTH 60 °24'25" EAST, 59.41 FEET TO THE BEGINNING OF A'TANGENT 85:00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78 °41'24'`, A DISTANCE OF 116.74 FEET: THENCE TANGENT TO SAID CURVE SOUTH 18 °16'59" WEST, 32.00 FEET TO THE BEGINNING OF A TANGENT 85,00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52011'37".:A DISTANCE OF 77.43 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS NORTH 19°31'24" WEST: THENCE IN A NON - TANGENT DIRECTION SOUTH 6 04012" WEST, 152.47 FEET: THENCE SOUTH 51 "02'26" EAST, 73.96 FEET TO A POINT IN A NON -TANGENT 670.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE ALSO BEING'SAID PARALLEL LINE 30.00 FEET NORTHWESTERLY OF "THE SOUTHEASTERLY LINE OF SAID PARCEL 3: THENCE ALONG SAID CURVE AND SAID PARALLEL LINE THROUGH A CENTRAL ANGLE OF 14 °22'51 ", A DISTANCE 168.17 FEET: THENCE TANGENT TO SAID CURVE AND CONTINUING ALONG SAID PARALLEL. LINT:, SOUTH 47 "34'21" WEST, 65.00 FEET TO THE I'RUE POINT OF BEGINNING. TOTAL AREA IS 18.99ACRES, MORE OR LESS I of') PARCEL B ALL THAT PORTION OF ,PARCEL 4 OF PARCEL MAP NO. 14319, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON JUNE 18, 1986 AS FILE NO 86- 245870. EXCEPTING THEREFROM: THE SOUTHEASTERLY 30 FEET. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 51 035'48" WEST, 30.39 FEET TO A POINT IN A LINE 30 FEET NORTHWESTERLY AND PARALLEL TO THE.SOUTHEASTERLY LINE OF SAID PARCEL 4, BEING THE TRUE POINT OF BEGINNING; THEN ALONG SAID LINE, SOUTH 47 °34'21" WEST, 383.51 FEET;, THENCE LEAVING SAID PARALLEL LINE SOUTH 77 043'02" WEST, 97.03 FEET; THENCE NORTH 87 °52'42" WEST, 22.73 FEET; THENCE NORTH 59 °43'29" WEST, 32.67 FEET; THENCE NORTH 21'46'10" WEST, 31.80 FEET; THENCE NORTH 24 °56'00" EAST, 75.10 FEET; THENCE NORTH 66'52'10" WEST, 12.43 FEET; THENCE NORTH 14 039'46" EAST, 17.38 FEET; THENCE NORTH 47'20'17" EAST, 19.73 FEET; THENCE NORTH 33'06'10" WEST, 34.22 FEET; THENCE.NORTH 09'43'11" EAST, 26.54 FEET; THENCE NORTH 43 °32'33" EAST, 29.84 FEET; THENCE NORTH 51"23'04" WEST, 63.06 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE: OF 89 59'37" ;,A DISTANCE`OF 1,33 51 FEET; THENCE TANGENT TO SAID CURVE NORTH 33 020'59" EAST, 16533 FEETJHENCE NORTH 23 020'52" EAST, 13.27 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4; NORTH 77 °33'06" EAST, 30.79 FEET; THENCE SOUTH 51035'48" EAST, 423.08 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM A STRIP OF LAND 10.00 FOOT WIDE, THE CENTER LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE WF,ST LINE OF SAID PARCELA, NORTH 00 "33'37" WEST, 300.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47"33'46" EAST, 15.66.FEET; THENCE,NORTH 29 "39'09" EAST, 91.96 FEET; THENCE NORTH 22°49'42" EAST, 82.74 FEET; THENCE NORTH 37 035'32" EAST, 30.42 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91 "3458 ", A DISTANCE OF 95.91 FEET: THENCE TANGENT TO SAID CURVE. SOUTH 50 049'30" EAST, 28.44 FEET TO A POINT IN A LINE 30.00 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE OF SAID PARCEL 4, BEING THE POINT OF TERMINUS. THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP TO TERMINATE WESTERLY IN THE WEST LINE. AND TO TERMINATE SOUTHEASTERLY IN SAID PARALLEL, LINE. ALSO EXCEPTING THEREFROM THAT PORTION;OF LAND. LYING NORTHERLY OF A LINE THAT IS 30.00 FEET NORTHWESTERLY AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID PARCEL. 4 AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED I,INF: 2 of') COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO BEING A POINT ON A.1,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY FROM WHICH A RADIAL LINE BEARS SOUTH 64 057'26" EAST; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 4 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 01 058'41'; A DISTANCE OF 34.52 FEET; THENCE TANGENT 10 SAID CURVE, NORTH 27 001'.15" EAST, 601.35 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE; THENCE. LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL 4, NORTH 62 058'45" WEST, 30.00 FEET TO A POINT IN A LINE 30.00 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINE OF SAID PARCEL 4, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 27001'15" EAST, 9.46 FEET TO THE BEGINNING OF A TANGENT330.00 FEET CURVE',CONCAVE SOUTHEASTERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE.OF'59 °22'38 ", A DISTANCE OF 34199 FEET; THENCE TANGENT TO SAID CURVE, NORTH 86 °23'53" EAST, 26.09 FEET TO A POINT IN SAID PARALLEL LINE, SAID POINT BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 4 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 4, ALSO BEING A POINT ON A 1,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY FROM WHICH A RADIAL LINE BEARS SOUTH 64 °57'26" EAST; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 4 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 01058'41", A DISTANCE OF 34.52 FEET; THENCE TANGENT TO SAID CURVE, NORTH 27001'15" EAST, 601.35 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE, SOUTHEASTERLY; THENCE LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL 4, NORTH 62 °58'45" WEST, 30.00 FEET L6,A POINT IN A LINE,30.00 FEET NORTHWESTERLY AND PARALLEL TO THE SOUTHEASTERLY LINEBOF1SAID'PARCEL 4, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 62 °58'45" EAST, 16.49 FEET TO THE BEGINNING OF A NON - TANGENT 35.00 FEET RADIU&CURVE, FROM WHICH A RADIAL LINE BEARS NORTH 71020'34" WEST; THENCE ALONG SAID CURVE COUNTER CLOCK WISE THROUGH A CENTRAL ANGLE OF 306 °15'51 ", A DISTANCE'OF 187.09 FEET TO A POINT FROM WHICH A RADIAL LINE BEARS SOUTH 17 °36'25" EAST; THENCE SOUTH 62 °58'45" EAST, 26.53 FEET TO SAID PARALLEL LINE; THENCE ALONG' SAID PARALLEL LINE, NORTH 27"01'15" EAST. 30.00 FEET TO THE TRUE POINT OF BEGINNING. TOTAL AREA IS 12.42 ACRES, MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT `B" ATTACFIED HERETO AND BY TFII_S REFERENCE MADE A PART HEREOF. PREPARED BY: "'�AG ? 5- 4'-o°I WILLIAM YEY, RCE 33730 3 Of EXHIBIT'B' SHEET 1 OF 7 SHEETS BIOLOGICAL OPEN SPACE EASEMENT - PARCEL A EA. 04 -03 P,/ \RCF -1 Pi\il -143-1.9 �o SCALE: 1'=200, SEE DETAIL'A' co ON SHEET 2 NwgY �iA l �TF S,R I AFT 5.02 AC \ �?Cr l 3 I \ PARCEL 4 Pjyl 14010 Q�OFESSION C. Y � F w NO 33730 K EXP. 6 -30 -2010 sn CIV1� -/ EXHIBIT'B' BIOLOGICAL OPEN SPACE EASEMENT EA 04 -03 - / h N �2ry j �L8 o L8 30.79' N,7.33 06 821 p1 Pr »Cr !f II LINE DATA J Q U N Eg N47'34' SHEET 2 OF 7 SHEETS - PARCEL A BIOLOGICAL 0 8 N 99SAC %EASEMET j 10-08, 431 07:i,W 1 R =85.00 �I w LA-- 121.415' S29 35 35 "W(R) ° R= 85.00'— _ - A= 78'4.1'24" N��, m �l L= 116.74' \3'0\ W(R� A=81 y� 5.02 AC R tiS�S .2508 SRB� AS 6 L1 N79'51'07 "W 76.09' L2 N80'24'25 "W 59.41' C3 N1 8'16'59 "E 32.00' L4 N6'40'12 'E 152.47' L5 R= 85.00' A= 52'11'37 ", L= 77.43' N19'31'24 "W(R) j EXIST PRIVATE ROAD F/N 81-070400 [� REC. 3/9%81. ' S Q A � 83o.. 30. R =l4*221' /`r / A= 14'22'51'/ Q" \ 23 L= 168.17' 1 GO R= 700.00' A =23'50'43" L= 291.32' T — — 30.39' TPOB — — 1\ RCFESS /O POC- — M / / w NO 33730 m ri EXP. 6 -30 -2010 v DETAIL'A' SCALE: 1" =100' c m\- c ✓L L�� EXHIBIT 'B' SHEET 3 OF 7 SHEETS BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B EA 04 -03 PCL S PIM 14319 I 0 / N j w 3.31 AC J Q V) BIOLOGICAL ,OPEN SPACE .EASEMENT�J1 11.60 ACS / SEE DETAIL'A' ON SHEET 4 i 0.10 AC i SEE DETAIL 'C' P° / I ry ON SHEET 6 I ° I � C.L. QaOFESS,o4 / I SEE DETAIL °B' PM y ON SHEET 5 33 m P. EXP. 6 -30 -2-2 010 z ♦ s STyr OIV \\. 8 OF C Ak-W, EXHIBIT''B' BIOLOGICAL OPEN SPACE EASEMENT EA 04 -03 SHEET 4 OF 7 SHEETS - PARCEL B 30.79' PCL 3 N Pi \7J -14319 \ 33,p6'E 82 10� LJ 13 C �S51_23'27 "E(R) 3R6• R= 85.00' i A= 89'59'37" L= 1,33.51' N38- 36'56 "E(R) I 0 0 n i.i J U N — — (EXCEPTION 62) / 3.31 AC 30.39' — I /ti I `gyp. I h1 L6 / \ L7 p� �Q EXIST PRIVATE ROAD \ /JP ESM'T PER F/N 81- 070400 co REC 3/9/81 �7OLY.1 X12 GAP v� C. L. (EXCEPTION 61) LINE DATA: -- - - - - -- DETAIL 'A' SCALE: 1 " =100 N033730 m n EXP. 6 -30 -2010 I �F nc ,m kPr L1 N51'23'04 "W 63.06' L2 N43'32'33 "E 29.84' L3 N9'43'11 "E 26.54' L4 N33'06'1 0"W 34.22' L5 N47'20'1 7 "E 19.73' L6 N14 *39'46 "E 17.38' L7 N66'52'10 "W 12.43' L8 N24'56'00 "E 75.10' L9 N21'46'10 "W 31.80' L10 N59'43'29 "W 32.67' L11 N87'52'42 "W 22.73' L12 N77'43'02 "E 97.03' L13 N23'20'52 "E 13.27' EXH I BIT 'B' SHEET 5 OF 7 SHEETS BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B EA 04 -03 BIOLOGICAL OPEN O SPACE EASEMENT/ M � / 0n 0 o O z co o lco II w / a I � I �I I SEE SHEET 6 FOR BIOLOGICAL OPEN SPACE EASEMENT SIDELINE DATA DETAIL 'D� �I r 1 0) o rn o � � N N i OETAIL'D' NTS I\ POC ' 11.60 AC% / R= 60.00' ry = 91'34'58 / iwY / 3 l DETAIL L , E , •t O N S% (EXCEPTION B3) PROPOSED EASEMENT, TRAIL EASEMENT, 0.08 AC 7o, j v ^i /EXIST PRIVATE ROAD BIOLOGICAL ,OPEN 1v ESM'T PER SPACE ,EASEMENT h� F/N 81- 070400 0.82 ACi v /�� REC. 3/9/81 co OQOO O h VO Q n /a rl C\l DETAIL 'E' C. L. NTS LINE DATA: ------------ - - - - -- pFyOFESS /ON L1 N50'49'30 "W 28.44' �o FPM C 9< L2 N37'35132 "E 30.42' 7 L3 N22'49`42 "E 82.74' -7, z 0 NO 33730 m L4 N29- 39'09 "E 91.96' w m / 15 N47'33'46 "E 15.66' EXP. 6 -30 -2010 A 00 / sr C I V 1\- ` S62-58'45"E(R) DETAIL B ' � TF OF C AI FOP q / 4 =1 58'410" SCALE: 1 " =60' L =34.52 564'57'26 "E(R) n O d N It (6 / oe M 0 / M O Z N n 0 o r 1 0) o rn o � � N N i OETAIL'D' NTS I\ POC ' 11.60 AC% / R= 60.00' ry = 91'34'58 / iwY / 3 l DETAIL L , E , •t O N S% (EXCEPTION B3) PROPOSED EASEMENT, TRAIL EASEMENT, 0.08 AC 7o, j v ^i /EXIST PRIVATE ROAD BIOLOGICAL ,OPEN 1v ESM'T PER SPACE ,EASEMENT h� F/N 81- 070400 0.82 ACi v /�� REC. 3/9/81 co OQOO O h VO Q n /a rl C\l DETAIL 'E' C. L. NTS LINE DATA: ------------ - - - - -- pFyOFESS /ON L1 N50'49'30 "W 28.44' �o FPM C 9< L2 N37'35132 "E 30.42' 7 L3 N22'49`42 "E 82.74' -7, z 0 NO 33730 m L4 N29- 39'09 "E 91.96' w m / 15 N47'33'46 "E 15.66' EXP. 6 -30 -2010 A 00 / sr C I V 1\- ` S62-58'45"E(R) DETAIL B ' � TF OF C AI FOP q / 4 =1 58'410" SCALE: 1 " =60' L =34.52 564'57'26 "E(R) EXHIBIT 'B' SHEET 6 OF 7 SHEETS BIOLOGICAL OPEN SPACE EASEMENT - SIDE LINE DATA PARCEL B EA 04 -03 CURVE DATA: -------------- - - - - -- 46� R DELTA L Cl 65.00' 91'34'58" 103.90' C2 55.00' 91'34'58" 87.91' LINE DATA: -------- - - - - -- L1 N47'33'467E 10.39' \ L2 N29'39'09 "E 90.87' / L3 N22'49'42 "E 83.09' L4 N37'35'32 "E 31.07' L5 S50'49'30 "E 27.36' L6 N50749'30 "W 29.51' L7 S37'35'32 "W 29.77' L8 S22'49'42 "W 82.39' L9 S29'39'09 "W 93.04'. L10 547'33'46 "W 20.93' BIOLOGICAL ,OPEN SPACE „EASEMENT 11.60 AC/ BIOLOGICAL. OPEN C. L.- ,( SPACE EASEMENT /.� 0.82 ACS co - of •o� /�/ IF w NO 33730 m EXP. 6 -30 -2010 P* :� // %, ,/ EXHIBIT'B' SHEET 7 OF 7 SHEETS BIOLOGICAL OPEN SPACE EASEMENT - PARCEL B EA 04 -03 Sh6'07 "E(R) S3'36'07 "E(R) -- -I - - -- ST PRIVATE ROAD A'T PER J -81'- 070400 3/9 -81 CURVE DATA R Cl 330.00' C2 200.00' C3 200.00' C4- 230.00' C5 230.00' C6 35.00' LINE DATA DELTA 59'22'38" 33' 19'00" 26'03'38" 33' 19'00" 26'03'38" 306' 15'51 " o. 0 \ 0.10 AC n \ DETAIL 'C' SCALE: 1 " =50' L 341.99' 116.30' 90.97' 133.74' 104.61' 187.09' SCALE: 1 " =50 N' "7" m w I EXP. 6 -30 -2010 Lo sr cm\- P � I qTF cV J� / \ s2\ ,76 ` X72\ 468 63, L1 N62'58'45 "W "E 30.00' i L2 N27'01'1 5 9.46' L3 N86'23'53 "E 26.09' (EXCEPTION 64) L4 N62'58'45 "W 16.49' L5 N62'58'45 "W 26.53' O L6 N27'01'15 "E "E 30.00' ap,�0 L7 N27'01'15 73.56' o. 0 \ 0.10 AC n \ DETAIL 'C' SCALE: 1 " =50' L 341.99' 116.30' 90.97' 133.74' 104.61' 187.09' SCALE: 1 " =50 N' "7" m w I EXP. 6 -30 -2010 Lo sr cm\- P � I qTF cV J� / \ s2\ ,76 ` X72\ 468 63,