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Conservation Easement Deed 2010-0057931,; RECORDING REQUESTED BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 -0789 APNs: 321 - 110-46 and 321 - 111 -23 PROJECT NUMBER: MDRA 03 -43 DOC # 2910- 0057931 FEB 03, 2010 3:59 PM OFFICIAL RECORDS c� DIEGO COUNTY REC'ORDER'S OFFICE BWVIDL BUTLER, COUNTY RECURDER FEES: 0:00 OC NA 10535 PAGES: 14 lull) VIII VIII VIII VIII VIII III VIII VIII III ulll VIII VIII VIII �II IIII Space Above Line for Recorder's Use CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due THIS CONSERVATION EASEMENT DEED is made this day of January, 2010, by the Nodes Thomas A. and Beverly R. Living Trust, Thomas A. Nodes and Beverly R. Nodes, Trustees ( "Grantors'), in favor of City of 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" at 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 Chamise Chaparral. Conservation of this property therefore will preserve habitat of a protected species. D. The City of Poway is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, historical; forested, or open space condition. The. City of Poway has authority to hold easements for these purposes pursuant to 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 CDFG Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species. F. The United States Fish and Wildlife Services , (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management' of fish,'wildlife:and; native ,plants and the habitats on which 'they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et seq. (ESA); the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661 -666c and other applicable laws. G. This .Conservation Easement provides protection for land that contains approximately 6.4 acres of Chamise Chaparral 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 contained herein in exchange for Grantee permitting Grantor's disturbance of '3 acres of Chamise Chaparral, excluding driveway impacts, per the U.S. Fish and Wildlife Agency's letter from Gail C. Kobtich, Field Supervisor, dated June 6, 1995, which predates the City's adoption of the Poway Subarea Habitat 16 -61b Conservation Easement heed 10536 Page 2 Conservahon,Plan'(PSHCP).. The mitigation consists of converting approximately 6.4 acres of approximately 30.1 acres.of`existing Open Space Easements (OSE) to Biological Conservation Easement. The 30.1 acres of OSE dedication is pursuant to Resolution P -92 -63 adopted by the Poway City Council on November 10, 1992, and in agreement with the U.S. Fish and Wildlife Agency. 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.a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement "). 1. Purpose. The purpose of this Conservation Easement is to ensure the Property will be preserved in a natural condition in; perpetuity and to prevent any use 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 conservation values of the Property in accordance with this easement; (b) To enter upon the property at reasonable times in order to monitor Grantors 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 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 (e) 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 following 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 11 (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, or sign, (e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material, (f) Otherwise altering the general topography of the Property, including building of roads or changing the grade 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 underSection 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. & 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: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 (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 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 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 orwithout waiting for the period provided for cure to expire. 'Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this.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 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. Conservation Easement Deed MW 5 3 $ Page 4 If atiany,time in the future Grantor or any subsequentaransferee 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 entities organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor. The California Department of Fish and Game (CDFG) 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 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 or change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4. Department of 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 orUSFWS. 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,shall 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 and signs, prior to their installation. 7. Property Management and Maintenance. Grantor and its successors shall maintain the Property in accordance with the terms and conditions as set forth herein. 8. Access. This Conservation Easement does not convey a general right of access to the public;, however, after receiving approval from Grantor, not to be unreasonably' withheld, access for scientific research and interpretive purposes, shall be reserved to the Grantee and CDFG or to the respective designeesof Grantee and CDFG. 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 fumish'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 Conservation Easement Deed 10539 Page 5 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 orthe 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 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 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 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 with 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: Thomas and Beverly Nodes 13951 Calvary 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 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 Conservation Easement Deed Page 6 10540 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 in favor of the deed to affect the purposes of this Conservation Easement and the policy and purpose of Civil Code Section 815, et seq. 11 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. If a court 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. (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. Conservation Easement Deed 10541: Page 7 . (k) Exhibits, All Exhibits referred to in this Easement are attached and incorporated herein by reference. (I) Appropriations', The duty of the City of Poway and CDFG to carry out their respective obligations under this Easement shall be subject to the availability of appropriate funds. (m) Effective Date. This Easement shall be effective upon recording with the San Diego County Recorder's Office. IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the day and year first above written. GRANTOR: flron a5 Nodes-and$=verly� , fd rcperty-twrrers Nodes Thomas A. and Beverly R. Living Trust � y�aodes' - Thomas A. Nodes, Trustee Beverly R. Nodes, Trustee Approved as to Form: Office of the City Attorney M 01-,, G ,:��--tkA Lisa A. Foster, City Attorney M'. \planning \oda \MDRA5 \mdra 03-43 Nodes BCE doc.docx Conservation. Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE 10542 This is to ,,Cetify that the interest in real property conveXXed by the Conservation Easement by the Nodes Thomas A. and.Beverly R. Living Trust, dated JanuarycGCKA, 2010, to the City of Poway, Grantee, and to the.California Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No, 34 of the City of Poway on January 20, 1981. GRANTEE: City of Poway e: Lind A. Trovan, MMC, Citv Clerk Authorized Representative Date: ,aS,.r aS.r3fiR.'.•' �S.isnt y4� »<_�S A.,T:,,s�.,.ni.»..s�: » ..a ,YaS,.r9,� . ,.a.:a�m. �.�A�..r » m.' a >,?»,.3 Aa- .=aS,.�S..�u^'+iv�sS. _s�<_u. cxS o,C- oa.Sai State of California County of San Diego On Nl7 ZZ ZO /O before me, Oat. personally appeared 1 #off (4S "V. PHYLLIS'.SHINN Commlealon • 1778598 _. .Notary Putillc - California Son Olego County Comm Nw9' ll Shinn, who proved to me on the':basis of satisfactory evidence to be the person(s) whose name(s) >kare subscribed to the within instrument and acknowledged to me that ale /safe /they executed the.same in % /fjel-Ltheir' authorized capacity(ies), and that by Ms /fled it signatures) on the instrument the persorl or the entity upon behalf of which the persons) 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 and official se Signature ?lace 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'D9cument Title or Type of Document: clws. �. Document Date: �.C//yG1�i7eY L Z Signer(s) Other Than Named Above: Capacity(ies) Claimed'by,Signer(s) 6 MrAf jcz- z � 0 Number of Pages: Signers -Name ; Signer's Name: • Individual ❑ Individual • Corporate, Officer— Title(s): ❑ Corporate Officer — Title(s): • Partner — O Limited [I General _ _•, ❑Partner — ❑ Limited El General O Attorneyin Fact • ❑,Attorney in Fact ❑ Trustee Top of thumb here [; Trustee Top of thumb here • Guardian or Conservator ❑ Guardian or Conservator • Other: ❑ Other: Signer ls'.Representing: Signer Is Representing: 02007 National Notary Association • 9350 Da Sofo Ave:. PO. Box 2402 • Chatsworth, CA 91313- 2402•wxvu NationalNotary.org hemx6907 Reorder: Call Toll- Free 1- 806076 -6821 EXHIBIT `A' CONSERVATION EASEMENT (6.41 ACRES') 10544. ALL THOSE PORTIONS OF PARCEL 3 OF CITY OF POWAY PARCEL MAP 91 -11, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 17458, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO. COUNTY, DECEMBER 15, 1994 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A (2.53 ACRES) BEGINNING'AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT ALSO BEING ON THE NORTHERLY SIDELINE OF THAT 60 FEET WIDE STREET RIGHT -OF -WAY KNOWN AS RIDGECREST ROAD ACCORDING TO SAID PARCEL MAP NO. 17458; THENCE ALONG SAID NORTHERLY SIDELINE NORTH 65 001'00" EAST, 384.96 FEET TO A POINT HEREIN DESCRIBED AS POINT "A "; THENCE LEAVING SAID NORTHERLY SIDE LINE, NORTH 21 021'28" WEST, 50.26 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID 180.00 FOOT RADIUS CURVE THROUGH AN ANGLE OF 10 008'27 ", A DISTANCE OF 31.86 FEET; THENCE TANGENT TO SAID 180.00 FOOT CURVE, NORTH 31 029'55" WEST, 43.22 FEET TO THE BEGINNING OF A 130.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID 130.00 FOOT RADIUS CURVE THROUGH AN ANGLE OF 17 041'30 ", A DISTANCE OF 40.14 FEET; THENCE TANGENT TO SAID 130.00 FOOT CURVE NORTH 49 011'25" WEST, 30.63 FEET TO THE BEGINNING OF A 120.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID 120.00 FOOT RADIUS CURVE THROUGH AN ANGLES OF 43013'16", A DISTANCE OF 90.52 FEET; THENCE TANGENT TO SAID 120.00 FOOT CURVE NORTH 05 058'09" WEST, 10.00 FEET; THENCE NORTH 71 °40'21" WEST, 238.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID WESTERLY LINE SOUTH 02048'02" EAST, 489.23 FEET TO THE POINT OF BEGINNING. PARCEL B (1.49 ACRES) COMMENCING ATPOINT `A' DESCRIBED IN PARCEL A; THENCE ALONG THE NORTHERLY SIDE LINE OF THAT 60 FEET WIDE STREET RIGHT -OF -WAY KNOWN AS RIDGECREST ROAD ACCORDING TO SAID PARCEL MAP NO. 17458, NORTH 65 "01'00" EAST, 20.04 FEET EO THE TRUE POINT OF BEGINNING ; 'THENCE CONTINUING ALONG SAID NORTHERLY SIDE LINE NORTH 65 "01'00" EAST, 240.00 FEET; THENCE LEAVING SAID NORTHERLY SIDE LINE, NORTH 33 "53'07" WEST, 281.22 FEET; THENCE SOUTH 65 "32'40" I of, 10545 WEST; 224.00 FEET; THENCE SOUTH 05 °58'09" EAST, 9.19 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS"CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID 100.00 FOOT RADIUS CURVE THROUGH AN ANGLE OF 43. 13'16 ", A DISTANCE OF 75.44 FEET; THENCE TANGENT TO SAID 100.00 FOOT RADIUS CURVE, SOUTH 49011'25" EAST, 30.63 FEET TO THE BEGINNING OF A 150:00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID 150.00 FOOT RADIUS CURVE THROUGH AN ANGLE OF 17 041'30 ", A DISTANCE OF 46.32 FEET; THENCE TANGENT TO SAID 150.00 FOOT RADIUS CURVE, SOUTH 31 029'55" EAST, 43.22 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID 200.00 FOOT RADIUS CURVE THROUGH AN ANGLE OF 10 008'27 ", A DISTANCE OF 35.40 FEET; THENCE TANGENT TO SAID 200.00 FOOT RADIUS CURVE SOUTH 21 021'28" EAST, 48.99 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C (2.39 ACRES) COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE EAST LINE OF SAID PARCEL 3, NORTH 00 °23'50" WEST, 15.55 FEET TO A POINT ON THE NORTHEASTERLY SIDE LINE OF THAT 60.00 FOOT WIDE STREET RIGHT -OF -WAY KNOWN AS CLEARVIEW ROAD ACCORDING TO SAID PARCEL MAP NO. 17458, SAID POINTBEING.THE TRUE POINT OF BEGINNING; THENCE ALONG THE SIDELINES OF SAID STREET RIGHT -OF- WAY, NORTH 52 056'28" WEST, 142.26 FEET; THENCE NORTH 44 °59'08" WEST, 184.75 FEET; THENCE NORTH 13 036'44" WEST, 76.68 FEET; THENCE NORTH 09 040'32" EAST, 33.27 FEET; THENCE LEAVING THE SIDE LINE OF SAID STREET RIGHT -OF =WAY, NORTH 32 °59'36" EAST, 63.16 FEET; THENCE NORTH 09 °40'32" EAST, 42.00 FEET; THENCE NORTH 25 "51'44" WEST, 43.01 FEET TO A POINT ON THE SOUTHEASTERLY SIDE LINE OF SAID STREET RIGHT -OF- WAY, THENCE ALONG, SAID SOUTHEASTERLY SIDE LINE, NORTH 09 °40'32" EAST, 55.00 FEET; THENCE NORTH 61 °56'00" EAST, 69.65 FEET; THENCE LEAVING SAID SOUTHEASTERLY SIDE LINE, SOUTH 82°31'44" EAST, 86.02 FEET; THENCE NORTH 61 °56'00" EAST, 83.78 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 3; THENCE ALONG SAID EAST LINE, SOUTH 00 °23'50" EAST, 572.04 FEET TO THE TRUE POINT OF BEGINNING. AS MORE, PARTICULARLY SHOWN ON EXHIBIT `B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY: WILLIAM C. "EN, RCE 33730 2 cal- ? EXHIBIT'B' 1056 SHEET I OF 3 SHEETS BIOLOGICAL CONSERVATION EAS MENT I 'REPRESENTS BIOLOGICAL CONSERVATION EASEMENT 0 O M II M o��N P M C. L � ' �2 O N0 33730 EXP. 6-320 sr CIVIL a. OF CAS \FOP PCL 2 PJN /1174 -5:2 I I PCL 1 P J 74 5.8 I I II PJNII -174 6 3 PCL 3 PJ07 58 SEE SHEET 2 ?r�_�� I ,PARCEL \I �0PO a0 w of a w J I SEE SHEET i I I. PARCEL C I � EXHIBIT 'B' 10547 SHEET 2 OF 3 SHEETS BIOLOGICAL CONSERVATION EASEMENT IPCL 6 Pj \jl -1745,3E 00 C0 40'2 "W I 2,388 ss w a U L1 PARCEL B Q � ! Os 2 / i C� I a PARCEL OD co 2.53 AG o N L, TPOB o PARCEL B PARCEL B �� /j oo� 6��oP� �s g6 N65 of 2 Poe PARCEL A \0 A� I � / N I / \j \2.40' STREET R -0 -W PER \/ PM 17458 — �N5'29'44 "E 34.81' PCL P1\ll 174-58 REPRESENTS BIOLOGICAL CONSERVATION EASEMENT LINE DATA L1 N05'58'09 "W L2 N49' 1 1'25 "W 13 N31'29'55 "W 14 N21'21'28 "W LS N05'58'09 "W 16 N21'21'28 "W 10.00' 30.63' 43.22' 50.26' 9.19' 48.99' CURVE DATA Cl R= 120.00' DLT= 43'13'16" L= 90.52' C2 R= 130.00' DLT= 17'41'30" L= 40.14' C3 R= 180.00' DLT = 10'08'27" L= 31.86' C4 R= 100.00' DLT =43' 13'15" L= 75.44' C5 R= 150.00' DLT = 17'41'30° L= 46.32' C6 R- 200.00' DLT = 10'08'27" L= 35.40' F NO 33730 EXP. 6 -30 -2010 cm\- EXHIBIT'B' 10548 SHEET30F3SHEETS BIOLOGICAL CONSERVATION EASEMENT REPRESENTS BIOLOGICAL CONSERVATION EASEMENT STREET R -O -W PER PM 17458 0 o_ II J U N [ I N 13. 36'44 "W 105.89' \ 0 O� E 2N2$ 06156 / _� � � J 0 N w N M o LU Z 1 W J PCL 'A' Pi \il -174-58 r M 4 O _ N O r N 0 O z N88.59'39 "W 80.97' -L-�� �,POC LINE DATA L1 N61'56'00 "E 83.78' L2 N82'31'44 "W 86.02' L3 N61- 56'00 "E 69.65' L4 N09'40'32 "E 55.00' L5 N25'51'44 "W 43.01' L6 N09'40'32 "E 42.00' L7 N32'59'36 "E 63.16' L8 N09'40'32 "E 33.27' L9 N13'36'44 "W 76.68' L10 N44'59'08 "W 184.75' L11 N52'56'28 "W 142.26' L12 N52'56'28 "W 90.43' I/- TPOB 15.55' P M C, � F NO 33730 EXP. 6 -30 -2010 CIV1\-