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,.
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personally appeared
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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
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Document Date: l �Jl% 2 o f ZOo 7 Number of Pages:
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State of 'California
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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:
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Signers) Other Than Named Above: Z/
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❑ Attorney in Fact
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Signer Is Representing:
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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
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SCALE: 1'=200,
SEE DETAIL'A'
co ON SHEET 2
NwgY
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S,R I
AFT
5.02 AC \
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PARCEL 4
Pjyl 14010
Q�OFESSION
C. Y
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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
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z co
o lco
II
w /
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I
SEE SHEET 6 FOR
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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
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/ \ s2\
,76 `
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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
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cV
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/ \ s2\
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