Conservation Easement Deed 2010-0057929RECORDING REQUESTED BY:
CITY OF POWAY
AA
1 WHEN RECORDED MAIL TO:
CITY CLERK 1 015 -1,
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
DCC # 201 0 - 0057929
FEB 03, 2010 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNT`r' RECORDEP'S OFFICE
D6vID L BLITLER, COUNTY RECORDER
FEES;. 0.00
OC NA
p p PAGES: 17
lull pill pill Hill Hill Hill Hill 111111111111 Hill 11111 11111
Space Above Line for Recordei sUse Only
APNs: 314 - 651 -05 10 15 16 17 18 and 19
CONSERVATION EASEMENT DEED
No `'Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this 12D-- day of 2010,
by the Roman Catholic Bishop of San Diego (,,'Grantor"), in favor of City °of'Poway ( "Grantee "), actin 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. Coastal Sage Scrub is - -dhe habitat
of the California Gnatcatcher, which is listed as a threatened species on the Federal Endangered Species
list. Conservation of this property, therefore, will preserve habitat of a protected species.
D. The City of Poway is.authorixed 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 California Civil'Code Section 815.3(b).
E. The State,of California, by and through its Department of Fish and Game'(CDFG)„ has
lurisdiction pursuant tc ,jhe 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
ofthosespecies.:
F. The United States Fish and Wildlife Services (USFWS) has jurisdiction over the
conservation, protection, restoration, enhancement and management of fish,r 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), theiFish and Wildlife Coordination Act, 1.6 U.S.C. Section 66'1-666c and other applicable laws.
G. This Conservation Easement provides protection for 1,09 acres of land that contains Coastal
SageIScrub located within the City of Poway's Subarea Habitat Conservation Plan /NCCP Focused Planning
Area.
H. 'Grantor Intends to convey to Grantee the right to preserve and protect the conservation
values of the Property in perpetuity in accordance with Covenants, Terms, Conditions and Restrictions
lb-008
10512
Conservation Easement Deed
Page 2
contained herein in exchange for Grantee permitting Grantor's removal of 7'97 acres of habitat on the
property consisting of 3.83 acres of Coastal Sage Scrub and 0.39 acres of Disturbed Coastal Sage Scrub.
1. 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 io 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 to1he,extent'hereinafter set forth ( "Easement ").
1. Purpose. The purpose of this Conservation Easement is to ensure the Property will be
preserved in a natural: condition in perpetuity and to prevent any use of the- Property that will materially impair
or interfere with the conservation values of the Property. Grantor intends that this Conservation ,Easement
will confine the use of the Property to such activities, including without limitation; those involving the
preservation and enhancement of native species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor
hereby grants and conveys the: following rights to Grantee and the State of California Department of Fish and
Game as a third party beneficiary of this easement by this Conservation Easement Deed:
(a) To preserve and protect in perpetuity the co_ nservation 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�setforth in section 4,: and for scientific
research and interpretive purposes by Grantee or its designees; and CDFG and its.designees.
(c) To prevent any activity on or use of the Property that is inconsistent with the
purposes of this Conservation Easement and to require the restoration of such areas or •features of the
Property that may be damaged by any act, failure to act, or any use:that.is inconsistent with the purposes of
this Conservation Easement;
(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(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 of this.Conservation Easement and not specifically reserved as a right of Grantor is
prohibited. Without limiting the generality of the foregoing, the•followng, uses by Grantor, Grantor's agents,
and third parties, are expressly prohibited unless specifically provided for through the Poway Subarea
Habitat'Conservation Plan /NCCP.
(a), Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities incompatible fire protection activities and any and all other uses which may adversely affect the
purposes of this Conservation Easement;
Conservation Easement Deed
Page 3
10513
(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. Grantor's Duties: Grantor shall undertake all reasonable ;actions to prevent, the unlawful
entry ' and trespass by persons whose activities may degrade or harm the conservation values of the
Property. In addition, Grantor shall undertake all necessary actions to protect Grantee's rights under,Section
2 of this Conservation Easement. Grantor further covenants that maintenance of the Property, to wit: clean
up of all trash and debris, shall be the Grantor's responsibility.
5. Reserved 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 Property that are consistent with the purposes of
this Conservation Easement.
6. Grantee's Remedies: If Grantee determines that Grantor is in violation of'therterms of this
Conservation Easement or thata violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand in writing corrective action sufficient to cure the violation. Grantee shall also notify the
California Department of Fish and Game. If Grantor fails to cure the violation within thirty (30) days after
receipt of said written notice and demand from Grantee, or if the cure reasonably requires more than thirty
(30) days to complete and Grantor fails to begin the cure within the thirty (30pdayperiod 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 recoverany damages to which Grantee
may be.entitled for violation, by Grantor of the terms of this Conservation Easement, to enjoin the violation; ex
parte as necessary, by temporary or permanent injunction without the.necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies, or for other,equitable relief; including, but
not limited to, the restoration of the Property to the condition in which it existed .,prior to,ahysuch violation or
injury. 'Without- limiting Grahtor'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, determinesahat 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
terms of this-,Conservation Easement. Grantor and Grantee agree. that °Grantee's- remedies for any violation
of the terms of '.this Conservation' Easement is the injunctive relief,described in this section, both prohibitive
and mandatory'; in addition to -such other relief to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement in each case, without the necessity of proving
either actual damages or the inadequacy of otherwise available' legal remedies. Grantee's remedies
described in this section shaltbe cumulative and shall be in addition to 611 remedies now or hereafter existing
Conservation Easement Deed 10514
Page 4
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 Consery ation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantors violation or negligence under the
terms of this Conservation Easement shatfbe borne by Grantor.
6.2. Grantee's Discretion; Enforcement of the terms of this Conservation Easement.by
Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG to exercise. its rights under this Conservation Easement by Grantor shall not be deemed or construed
to, be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this
Conservation Easement or of any of the Grantee's rights under this Conservation Easement. No delay or
omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be'construed as a waiver.
6.3. Acts 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 against. Grantor for any injury,
to change in the Property resulting °from; causes beyond Grantor's control; including, fire; flood, storm; and
earth movement, or any prudenLaction taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes.
6.4. Department of Fish and Game 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 USFWS.
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 the 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, type, 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. approval from Grantor, not to be unreasonably'withheld,, access for scientific
research and interpretive purposes, 'shall be reserved to the Grantee and CDFG or to the respective
designees of Grantee and CDFG.
9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind includin'q transfer costs, costs of title and documentation review; and costs related to the
ownership, operation, upkeep, rand ', maintenance of the Property.
9,1. faxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of 'whatever description levied on or assessed against the Property by competent authority
Conservation Easement. Deed
10515
Page -5
(collectively "taxes "), including any taxes imposed upon or incurred as a ,result of; this,
Easement, andshall 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 againstall, liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation; reasonable attorneys "fees, arising from or in anyway connected with: (1) injury `toor 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 tb,an entity or organization authorized to acquire and hold conservation
easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to record the.
assignment in the county where the.Property is located.
11. Subsequent. Transfers., Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument by which Grantor divests, itself of any interest in all or a
portion of the Property, including; without limitation, a leasehold interest. Grantor further agrees to. give
written notice to Grantee or the of the intent to transfer any interest at least (45) days prior to
the date of such transfer. Grantee -shall have the right to prevent subsequent transfers in whichprospective
subsequent claimants or transferees are not given notice of the covenants, terms, conditions and.restrictioris
of this Con servation.Easemen't The failure of Grantor or Grantee to pertorm any act provided in this section .
shall not impair the validity.of this Conservation Easement or limit ' its enforceability in any way. ,Grantor shall
not grant additional easements or other interests in the property without the prior written authorization of
Grantee and CDFG.
12. Notices. All notices; demands, requests, consents; approvals, or communications from one
party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be
deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return
receipt requested and addressed as follows, or at such other address as any party may from time to time
specify to the other parties in writing:
To Grantor: Father Michael Froidurot
St. Gabriel Church
13734 Twin Peaks Road
Poway CA 92064
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
Conservation Easement Deed
Page 6
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, documenfsthat bear the originabsignatures.
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 Law: The interpretation and performance of this Conservation Easement
shall be governed by the'laws of, the State of California.
(b) Liberal Construction.. Any general rule of construction to the contrary
notwithstanding: this Conservation Easement shall be liberally construed Jn favor of the deed to.effect the
purposes of''this Conservation Easement and the policy and purpose of Civil Code, Section 815, et seq.- If
any 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 alcourt of,competent jurisdiction voids or'invalidates the application of:any
provision of this'Conservaiion Easement Deed to a person or circumstance, such action shall,not!
Conservation Easement Deed
Page 7
105-17
(i) Counterparts. The parties may execute this Instrument in two or more counterparts,
which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart; shall be deemed, an
original instrument as against any party who has signed It. In the event of any disparity between the
counterparts produced, the recorded,counterpart shall be controlling.
Q) 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. Ali ,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 Conservation Easement the
day; and year first above written.
GRANTOR. Roman Catholic Bishop of:San'Diego
/(-ems �. �iyy�GCu22.
Father Michael Firoidurot
Approved as to Form:
Office of the City Attorney
0
Lisa A. Foster, City Attorney
M:\ p1anning \jason\sl'ge0de1!BCE.docx
State of California
County of San Diego,
On .414(Q Ze, ZQ /j% before me,
Date
personally appeared
i PNullon #INN
i . Commlaeion 4778898
Notary Public - Califormio .
San Diego Courity
Corruft.Et - 1reaNOV9 2011-
10 5.8
Shinn
who proved to me on the basis of satisfactory evidenceito
be theperson(�, whose hame(�`is /ati(subscribed to the
within instrument and acknowledged to me that:.
he /s}r%/t* executed the same in his /*h authorized',
capacity(i5; and that,by his /liar /tllLSignature(!on the
instrument the person( or the entity upon behalf of
which the person(oacted, 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'hah nd official seal.
Signature
Place Notary Seal Above. 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
Title or Type of Document: 1
Document Date:
ment
'�ZV�Ti �ti
lV 20, 200
Signer(s) Other Than,Named.Above:
Capacity(ies) Claimed by Signer(s)
of Pages: /0
Signer's.Name.
Signer's Name:.
Individuals
❑ Individual
El Corporate Officer — Title(s):,
❑ Corporate Officer— :Title(s)::
❑ Partner —❑ Limited E] ,General - -„
❑ Partner — ❑ Limited ❑ General - .,-
❑ Attorney in Fact
❑ Attorney in Fact
'❑ Trustee Top of thumb here
[-1 Trustee Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other;'
❑ Other:
Signer,fs Representing:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave_ P.O.6ox 2402• Chatsworth, CA 91313- 2402•www.NationalNotaryorg Item #5907 Reorder: CallTuil -Free 1- 800876 -6827
Conservation Easement Deed,
Page 8
CERTIFICATE OF ACCEPTANCE
1,0519
This is to Certify that the interest' in real property conveyed.,by the Conservation Easement
Deed by Grantor, dated � O4tia . 'Zo Zo t D , to the City of Poway, Grantee „and to the
Cako- mia_Department of Fish and. G me, 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: City of Poway
itle: Gnda A, Troyan MMC .City Glerk
Authorized Representative
Date: =P- /=2 o.
EXHIBIT 'A' 10 520,
BIOLOGICAL CONSERVATION EASEMENT
ALL THOSE PORTIONS OF SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, INCLUDED IN THAT LAND TO THE ROMAN CATHOLIC BISHOP OF
SAN DIEGO DESCRIBED'IN DEEDS RECORDED NOVEMBER 11, 1971 AS FILE
PAGE NO. 261917 AND JANUARY 02, 2004 AS DOCUMENT.NO. 2004 - 0001691, BOTH
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO.
12533, FILED IN THE OFFICE OF THE COUNTY OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, ON JANUARY 24, 1983 AS FILE NO. 1983- 023882" OF
OFFICIAL RECORDS; THENCE SOUTH 76 052'08" WEST, 53.87 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 85 019'25" EAST, 9.63 FEET; THENCE
SOUTH 86 048'02" EAST, "15.29 FEET; THENCE SOUTH 81 029'39" EAST, 15.30 FEET;
THENCE SOUTH 84007'12" EAST, 11.90 FEET; THENCE SOUTH 86 015'07" EAST, 8.72
FEET; THENCE NORTH 89 °20'36" EAST, 21.40 FEET; THENCE SOUTH 87 °52'21"
EAST, 9.86 FEET; THENCE SOUTH 89 °54'23" EAST, 24.00 FEET; THENCE SOUTH
89018'02" EAST, 29.66 FEET; THENCE NORTH 81-40,65" EAST, 29.33 FEET; THENCE
NORTH 76 054'10" EAST, 8.41 FEET; THENCE NORTH 73'11'37" EAST, 16.84 FEET;
THENCE NORTH 89 036'37" EAST; 26.58 FEET; THENCE SOUTH 69 °37'57" EAST, 6.46
FEET; THENCE SOUTH 19 004'39" EAST, 7,42 FEET;, THENCE SOUTH 05 °07'11"
EAST, 11.64 FEET; THENCE SOUTH 04 036'30" WEST, 8,63 FEET; THENCE SOUTH
11025'57" WEST, 8.30 FEET; THENCE SOUTH 22 °59'55" WEST, 6':20 FEET; THENCE
SOUTH 43 018'41" WEST, "15.56 FEET; THENCE SOUTH 03 031'37" WEST, 6335 FEET;
THENCE SOUTH 21 017'29" EAST, 11.72 FEET; THENCE SOUTH 01 °23'52" WEST,
10.18 FEET; THENCE SOUTH 03 °48'57" EAST, 11.19 FEET; THENCE SOUTH
12 039'58" WEST, 18.12 FEET; THENCE SOUTH 08 °58'37" WEST, 9.44 FEET; THENCE
SOUTH 03 000'19" WEST, 9.80 FEET; THENCE, SOUTH 08 °49'37" WEST, 4.83 FEET;
THENCE SOUTH 02025'25" EAST, 10.52 FEET; THENCE SOUTH 03'34'49" WEST, 7.12
FEET; THENCE SOUTH 13 °46'01" EAST, 1152 FEET; THENCE SOUTH 17 °48'29"
EAST, 8:12 FEET; THENCE SOUTH 14 °02'34" EAST, 8.19 FEET; THENCE SOUTH
08 008'02" EAST, 8.77 FEET; THENCE SOUTH 00 °00'00" WEST, 5.71 FEET; THENCE
SOUTH 08 01-0'27" WEST; 5.28 FEET; THENCE SOUTH 19 °51'18" WEST, 7.19 FEET;
THENCE SOUTH 25 031'29" WEST, 8.43 FEET; THENCE NORTH 48 °50'52" WEST,
25.65 FEET; THENCE NORTH 46 029'09" WEST, 13.81 FEET; THENCE NORTH
43046'07' WEST, "26:00 FEET; THENCE NORTH 38 °37' 18 ". WEST, 20;37 FEET; THENCE
'NORTH,48 040'38" WEST, 11.46 FEET; THENCE NORTH 27 °18'01" WEST, 9.13 FEET;
THENCE NORTH 40050',55' WEST, 38.63 FEET; THENCE NORTH 20 °38'58" WEST,
7.82 FEET; THENCE SOUTH 66 °29'02" EAST, 10.37 FEET; THENCE NORTH 31 °53'02"
EAST, 5.00 FEET; THENCE NORTH 58 °06'58" WEST, 10.00 FEET; THENCE NORTH
56 °51'51" WEST, 14.24 FEET; THENCE NORTH 52 °53'11" WEST, 11.23 FEET; THENCE
NORTH 54 030'00" WEST, 14.53 FEET; THENCE NORTH 54 °51'57" WEST, 26.82 FEET;
PAGE I OF 3
10521
THENCE NORTH 43054'07" WEST, 21.34 FEET; THENCE NORTH 33 °04'50" WEST,
22.62 FEET; THENCE NORTH 29 °28'41" WEST, 23.95 FEET; THENCE NORTH
16 °13'27" WEST, 24.64 FEET; THENCE NORTH 10 °21'50" WEST, 20.58 FEET; THENCE
SOUTH 63 052'08" WEST, 7.77 FEET; THENCE NORTH 29 037'23" WEST, 11.40 FEET;
THENCE NORTH 39002'10" WEST, 2.37 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 0.75 ACRE, MORE OR LESS.
PARCEL B
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.
12533, FILED IN THE OFFICE OF THE COUNTY OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, ON JANUARY 24, 1983 AS FILE NO. 1983 - 023882 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF SAID PARCEL 1
NORTH 89 °14'51" WEST, 4.57 FEET; THENCE LEAVING SAID NORTH LINE SOUTH
79 °54'15" EAST, 14.02 FEET; THENCE SOUTH 81"41'29" EAST, 24.32 FEET; THENCE
SOUTH 82 038'34" EAST, 26.67 FEET; THENCE SOUTH 72 °34'08" WEST, 3.22 FEET;
THENCE SOUTH 39 018'58" WEST, 5.89 FEET; THENCE SOUTH 25 33'04" WEST,
14.89 FEET; THENCE SOUTH 15 °33'50" WEST, 18.97 FEET; THENCE SOUTH
20 °04'41" WEST, 19,12 FEET; THENCE SOUTH 15 °45'44" WEST, 32.35 FEET; THENCE
SOUTH 23 007'45" WEST, 4.25 FEET; THENCE NORTH 85 °45'02" WEST, 3.06 FEET;
THENCE NORTH 36 °19'58" WEST, 12.40 FEET; THENCE NORTH 05 002'26" WEST,
13.42 FEET; THENCE NORTH 06 °33'06" WEST, 12.50 FEET; THENCE NORTH
04 °36'20" WEST,16.85 FEET; THENCE NORTH 03 °05'23" WEST, 9.45 FEET; THENCE
NORTH 00 031'57" WEST, 12.11 FEET; THENCE NORTH 01 °42'59 WEST, 20.14 FEET;
THENCE NORTH 88 024'44" WEST, 11.16 FEET; THENCE SOUTH 00 °48'56" WEST,
12.53 FEET; THENCE SOUTH 05 °36'31" WEST, 29.39 FEET; THENCE SOUTH
04 045'02" EAST, 41.60 FEET; THENCE SOUTH 01 °51'51" WEST, 11.34 FEET; THENCE
SOUTH 03 056'29" EAST, 7.87 FEET; THENCE SOUTH 78 °50'08" WEST, 4.54 FEET;
THENCE SOUTH 11 009'52" EAST, 5.00 FEET; THENCE SOUTH 02 °15'07" EAST, 18.30
FEET; THENCE SOUTH 06 °20'54" WEST, 3.89 FEET; THENCE SOUTH 04 °20'34"
EAST, 7.00 FEET; THENCE SOUTH 19 001'22" EAST, 23.30 FEET; THENCE SOUTH
23 057'08" EAST, 15.23 FEET; THENCE SOUTH 31 °31'55" EAST, 13.08 FEET; THENCE
SOUTH 48 022'04" EAST, 8.56 FEET; THENCE SOUTH 35 °48'49" EAST, 22.94 FEET;
THENCE SOUTH 38 001'31" EAST, 1 0.99 FEET; THENCE SOUTH 48 °03'31" EAST,
16.65 FEET; THENCE SOUTH 39 °17'10" EAST, 14.96 FEET; THENCE SOUTH
19 °45'07" EAST, 14.12 FEET; THENCE SOUTH 12 °29'23" WEST, 13.77 FEET; THENCE
SOUTH 53 052'00" WEST, 14.74 FEET; THENCE SOUTH 22 °07'46" WEST, 10.73 FEET;
THENCE SOUTH 43 029'34" WEST, 23.26 FEET; THENCE SOUTH 63"36'16" WEST,
26.13 FEET; THENCE NORTH 46 °20'32" WEST, 9.98 FEET; THENCE SOUTH 43 039'28"
WEST, 10.00 FEET; THENCE SOUTH 46 "20'32" EAST, 5.00 FEET; THENCE SOUTH
70 °41'32" WEST, 7.75 FEET; THENCE SOUTH 87 °04'10" WEST, 6.29 FEET TO A
POINT ON THE WEST LINE OF PARCEL 4 OF SAID PARCEL MAP NO. 12533;
THENCE ALONG SAID WEST LINE NORTH 00 °41'06" EAST, 325.56 FEET TO THE
POINT OF BEGINNING.
TOTAL AREA IS 0.28 ACRE, MORE OR LESS.
PAGE 2 OF 3
PARCELC 10522
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 4 OF PARCEL MAP NO.
12533, FILED IN THE OFFICE OF THE COUNTY OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, ON JANUARY 24, 1983 AS FILE NO. 1983 - 023882 OF
OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 4
NORTH 00 °41'06" EAST, 20.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00 °41'06" EAST, 76.13 FEET;
THENCE LEAVING SAID, WEST LINE SOUTH 03'05'59 "EAST, 41.75 FEET; THENCE
SOUTH 07 °06'47 "EAST, 18.21 FEET; THENCE SOUTH 05 °04'45 "EAST, 16.62 FEET;
THENCE NORTH 88 °27'58 "WEST, 6.90 FEET TO THE TRUE POINT OF BEGINNING.
TOTAL AREA IS 0.01 ACRE, MORE OR LESS.
PARCEL D
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 4 OF PARCEL MAP NO.
12533, FILED IN THE OFFICE OF THE COUNTY OF THE COUNTY RECORDER_ OF
SAN DIEGO COUNTY, ON JANUARY 24, 1983 AS FILE NO. 1983 - 023882 OF
OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 4
NORTH 00 °41'06 EAST„ 10.33 FEET; THENCE LEAVING SAID WEST LINE SOUTH
86 °51'30 "EAST, 7.87 FEET; THENCE SOUTH 09 °26'47" EAST, 23.72 FEET; THENCE
SOUTH 18 °33'02" EAST, 38.37 FEET; THENCE SOUTH 25 °49'26" EAST, 31.06 FEET;
THENCE SOUTH 33 014'06" EAST, 8.53 FEET; THENCE SOUTH 40 °36'30" EAST, 2.49
FEET; THENCE NORTH 84 959'01" WEST, 3.77 FEET; THENCE NORTH 83 059'09"
WEST, 12.70 FEET TO THE BEGINNING OF A TANGENT 15.50 -FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID 15.50 -FOOT RADIUS
CURVE NORTHWESTERLY AND THEN SOUTHWESTERLY THROUGH A CENTRAL
ANGLE OF 68031'12 ", A DISTANCE OF 18.54 FEET; THENCE NORTH 89 010'59"
WEST, 13.28 FEET TO A POINT ON WEST LINE OF SAID ROMAN CATHOLIC
BISHOP OF SAN DIEGO LAND DESCRIBED IN SAID DEED RECORDED
NOVEMBER 11, 1971 RECORDED AS FILE PAGE NO. 261917, THENCE ALONG SAID
WEST LINE NORTH 00 °41'46" EAST, 93.27 FEET TO THE POINT OF BEGINNING.
TOTAL AREA IS 0.05 ACRE, MORE OR LESS.
TOTAL AREA OF THE ABOVE DESCRIBED PARCELS IS 1.09 ACRES, MORE OR
LESS
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIPTION IS THE WEST LINE OF
SAID:PARCELMAP NO. 12533: NORTH 00 °41'06" EAST.
PREPARED BY:
WILLIAM C. YEN
/ —] /, Zc9 /ep4'
DATE
PAGE 3 OF 3
105,2,3 SHEET 1 OF 5 SHEETS
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
/ N89' 14'51 "W 491.72
246.24' �
Vi Pi\il 12 -SSA
0 SHEET 4 PCL 2
Lo
P1Ml 12 X33
U'
Z
o=
m
PCL 3
0 PARCEL B P� /1 12533
rn
m
W
0
'ItI
245.48' -
PCL 1
Pi\il 10507
j
I
PCL 2
0
0
0
w
0
o PCL 3
SHEET 2 P1Ml 10507
0 PARCEL E
Z I PCL - 4 DEED REC. JAN. 02, 2004
Phil 12X33 DOC, 4 2004- 0001691
PARCEL
I //
SHEET 5
PARCEL D
DEED REC. NOV. 11, 1971
F/P NO. 261917
0
0
n
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REPRESENTS BIOLOGICAL CONSERVATION EASEMENT
0 �I
0
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PCL !i
Pi\/l 101507
�\PMC Y
F
NO 33730
EXP. 6 -30 -2010
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N89'18'54 "W 500.00' —�
0
0
II
J
U
!n
PNi
W 0823
SHEET 2 OF 5 SHEETS
EXHIBIT 'B' 10524
BIOLOGICAL CONSERVATION EASEMENT
L61 P.O.C.
T.P.O.B. L2 \ TIE LINE / \\ \ \ /
�3 . L4 L5 L6 L7 L8 L9
L60�
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L59
L58
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L57 rLy,
0
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CL
PCL 7
Lit
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PCL 3
vJPM C.
NO 33730
EXP. 6 -30 -2010.
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�s
<SO L
4R9
L45 —
L46 !AQ
L1 1 L12 L13 L14
\ \ I I
\ \ I I
L10 ,
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PARCEL E
DEED REC. JAN. 02, 2004
DOC. # 2004- 0001691
- -L15
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— — L18
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N
v
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— L26
— L27
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c
o L31
i L32
!y
L33
L34
L35
— - L36
J8
L37
W 0823.
SHEET 3 OF 5 SHEETS
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT 10525
LINE DATA FOR PARCEL A LINE DATA FOR PARCEL A CONTINUED
L1
N85'19'25 "E 9.63'
L47
N31'53'02 "E
5.00'
L2
N86'48'02 "W
15.29'
L48
N58'06'58 "W
10.00'
L3
N81'29'39 "W
15.30'
L49
N56'51'51 "W
14.24'
L4
N84'07'12 "W
11.90'
L50
N52'53'1 1 "W
11.23'
L5
N86'15'07 "W
8.72'
L51
N54'30'00 "W
14.53'
L6
N89'20'36 "E 21.40'
L52
N54'51'57 "W
26.82'
L7
N87'52'21 "W
9.86'
L53
N43'54'07 "W
21:34'
L8
N89'54'23 "W
24.00'
L54
N33'04'50 "W
22.62'
L9
N89'18'02 "W
29.66'
L55
N29'28'41'W
23.95'
L10
N81'40'05 "E
29.33'
L56
N16 *13'27 "W
24.64'
L11
N76'54'1 0 "E
8.41'
L57
N10'21'50 "W
20.58'
L12
N73'1 1'37 "E
16.84'
L58
N63'52'08 "E
7.77'
L13
N89'36'37 "E
26.58'
L59
N29'37'23 "W
11.40'
L14
N69'37'57 "W
6.46'
L60
N39'02'1 0"W
2.37'
L15
N19'04'39 "W
7.42'
L61
N76'57'51 "E
53.62'
L16
N05'07'11 "W
11.64'
L17
,N04'36'30 "E
8.63'
L18
N11'25'57 "E
8.30'
L19
N22'59'55 "E
6.20'
L20
N43'18'41 "E
15.56'
L21
N21'17'29 "W
1.1.72'
L22
N01'23'52 "E
10.18'
L23
NO3'48`57 "W
11.19'
L24
N12'39'58 "E
18.12'
L25
N08'58'37 "E
9.44'
L26
NO3'00'1 9"E
9.80'
L27
N08'49'37 "E
4.83'
L28
NO2'25'25 "W
10.52'
L29
NO3'34'49 "E
7.12'
L30
N13 *46'01 "W
12.52'
L31
N17'48'29 "W
8.12'
L32
N14'02'34 "W
8.19'
L33
N08'08'02 "W
8.77'
L34
N00'00'00 "E
5.71'
L35
N08'10'27 "E
5.28'
L36
N19 *51'18 "E
7:19'
L37
'N25'31'29 "E
8.43'
L38
N48'50'52 "W
25.65'
Q�oFessi °Nq
L39
N46'29'09 "W
"W
13.81'
��° �\Nm C. <�
L40
N43- 46'07
26:00'
��� F2 c
L41
N38'37'1 8 "W
20.37'
w N033730
L42
N48'40'38 "W
11.46'
EXP. 6 -30 -2010
L43
N27'18'01 "W
9.13'
L44
N40'50'55 'W
38.63'
sr C1V1L �e
L45
N20- 38'58 "W
7.82'
OF cAo
L46
N66'29'02 "W
10.37'
W0823
P. B. LA9A 1
L20
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W
0
to
w
0
a
0
0
z
m
ui
N
M
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0
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0
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N
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1052if SHEET 4 OF 5 SHEETS
EXHIBIT.'B'
BIOLOGICAL CONSERVATION EASEMENT
N89'41'51 "W 246.24'
2/ L3'
L4
j ro BLS
N
PCL I
co
Pm 12 -533
rn
J �29 4 L
L25 L11
�L26
- - L28
L29
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L45
L47
L48
L10
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PM 12 33
TO NW COR OF
PCL 1, PM 12533
PCL 3
Pi\jl 12533
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0
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11
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P' M C.
1 rn w �\ NO 33730
J K EXP.6 -30 -2010
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L41
PCL ^r
P1\il 12533
CIV1\-
LINE DATA
L1
N79'54'1 5"W
14.02'
L2
N81'41'29 "W
24.32'
L3
N82'38'34 "W
26.67'
L4
N72'34'08 "E 3.22'
L5
1\139- 18'58 "E 5.89'
L6
N25'33'04 'E 14.89'
L7
N15'33'50 "E 18.97'
L8
N20'04'41 "E 19.12'
L9
N15'45'44 "E 32.35'
L10
N23'07'45 "E
4.25'
L11
1185'45'02"W
`3.06'
L12
N36- 19'58 "W
12:40'
L13
N05'02'26 "W
13.42'
L14
N06?33'06 "W
12.50'
L15
N04F36'20 "W
1685'
L16
NO3-05 1 23 . W
9.45'
L17
N00 31'57 "W
12.11'
L18
N01'42'59 "W
20.14'
L19
N88'24'44 "W
11.16'
L20
N00'48'56 "E
12.53'
L21
1\05`36'31 "E
29.39'
L22
N04- 45'02"W
41.60'
L23
N01'51'51 "E
11.34'
L24
N03756'29 "W
7.87'
L25
N78'50'08 "E
4.54'
L26
Ill 1'09'52"W
5.00'
L27
NO2'15'07 "W
18.30'
L28
N06'20'54 "E
3.89'
L29
N04'20'34 "W
7.00'
L30
N19701'22 "W
23.30'
L31
N23'57'08 "W
15.23'
L32
N31'31'55 "W
13.08'
L33
N48'22'04 "W
8.56'
L34
N35'48'49 "W
22.94'
L35
N38f01'31 "W
10.99'
L36
N48'03'31. "W
16.65'
L37
N39`17'10 "W
14.96'
L38
N19`45'07 "W
14.12'
L39
N1Z29'23 "E
13.77'
L40
N53`52'00 "E
14.74'
L41
N22707'46 "E
10.73'
L42
N43129'34 "E
23.26'
L43
N63'36'1 6"E
26.13'
L44
N46'20'32 "W'
9.98'
L45
N43'39'28 "E
10.00'
L46
N46i20'32 "W
5.00'
L47
N70'41'32 "E
7.75'
L48
N87'04'1 0 "E
6.29'
L49
N89'14'51 "WI
4.57
W0823
M
1052 7' SHEET 5 OF 5 SHEETS
oN
EXHIBIT'B'
W:2
W BIOLOGICAL
CONSERVATION EASEMENT
U a'
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LINE DATA:
PCL4
----
'---------------------
�
PM 12 -533
L1:
N07'06'47"W 18.21'
1-2:
N05'04'45"W 16.62'
1-3:
N88'27'58"W 6.90'
`rlo
L4:
N86'51'30'V4 7.87'
PARCEL C
1-5:
N09'26'47'VJ 23.72'
0.01 ACRE
1-6:
N25'49'26"W 31.06'
1-7:
N33'1 4'06"W 8.53'
1-8:
N40'36'30 "W 2.49'
Lo
o
1-9:
N84'59'01 "W 3.77'
w
L10:
N83'59'09 "W 12.70'
L11:
N89'1 0'59"W 13.28'
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PARCEL C
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L4
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P.O.C.
CURVE DATA
1
PARCEL C
-------- - - - - --
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Cl C'
R= 15.50' DLT= 68'31'12" L= 18.54'
.O.B
PARCEL D�
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