Conservation Easement Deed 2004-01753476835
F� RECORDING REQUESTED BY:
lyl� CITY OF POWAY
10
WHEN RECORDED MAIL TO:
1247% . CITY CLERK
OCAIR CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN 321 - 100 -28 / MDRA00 -142
2004 - 075347
04, 2004 0 :57 AM
OFFICIAL RECORDS
r' SAN DIEGO COMHTY RECORDER'S OFFICE
"4I;- :F,REM J. SMITH, COUNTY REORDER
FEES: 0.00
OC: NA
VIII VIII IIII IIIIII VIII IIIIIIIIII VIII VIII VIII IIII IIII (Only
t 1!�!(IRz994oi7,5347 I �
CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED is made this ' 5 day of J U 2003, by Brian and
Chris Johnston ( "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"
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 habitat. Coastal sage scrub is the
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 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 Civic 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 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. section 661 -666c and other applicable laws.
G. This Conservation Easement provides protection for 5.0 -acres of land that contains
coastal sage scrub habitat 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 removal of 2.1 -acres of coastal sage scrub
habitat. This is a mitigation measure for such removal of 2.1 -acres of coastal sage scrub habitat.
inORA 00
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} Conservation Easement Dom& 6836
Page 2
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 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 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 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 following uses by Grantor, Grantor's
agents, and third parties, are expressly prohibited unless specifically provided for through the Poway
Subarea Habitat Conservation Plan1NCCP.
(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;
(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;
Conservation Easement Ad b 8 37
Page 3
(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 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 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 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.
Conservation Easement Ad fj 8 e3 $ •
Page 4
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 Bevond 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 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 or USFWS.
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 designees of 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 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
Conservation Easement,, 6839
Page 5
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 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: Brian and Chris Johnston
13212 Aubrey Street
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 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 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.
Conservation Easement Ad 6840
•
Page 6
(c) Severabilitv If a court of competent jurisdiction voids or invalidates on its face
any provision of this Conservation Easement Deed, such action shall not affect the remainder of this
Conservation Easement Deed. If a 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.
(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.
(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.
Conservation Easement D9d 68
Page 7
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the
day and year first above written.
GRANTOR:
Approved as to Form:
ANN S. MALCOLM, Deputy General Counsel
CA DEPARTMENT OF FISH AND GAME
0
ners
7 ;0f
Approved as to Form:
Office of the City Attorney
Stephen M. Eckis, City Attorney
By: /ham ` Lam•
Stephen M. Eckis, City Attorney
7
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CourdY
ESA A24,2004 y
6842 do
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of l /l U
On / "��5 r Zi before me, A"Zt /S /�✓i 10 7AeP'2 , �Ca A,C iC
Data ' 7- Name and Tile of Officer (d.g., "Jane Doe, Notary Public ")
personally appeared 43,�,udr- rJ "
_ PfMUSSHINN
Commission # 1050304
-u Notary Public - California
San Diego County
0My Comm.. Pubes liar 9,2W4
❑ personally known to me
proved to me on the basis of satisfactory
evidence /
to be the person(s) whose names) i$ /are
subscribed to the within instrument' and
acknowledged to me that 4 /�Ke /they executed
the same in his /hW/their authorized
capacity(ies), and r that by fs /fr /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the persons)
acted, executed the instrument.
WITNES. my 'and official eat.
V
Signature of Norary Public'
OPTIONAL
Though the infomration below hi 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 Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual, Top of thumb here
❑ Corporate Off i6er — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary A35ociation • 9350 De Soto Ave.. P O. 12402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org
Prod. No 5907 Reorder Call TolbFree }900 - 3766827
Conservation Easement Deed 6843
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real roperty conveyed by the Conservation Easement by
( Property Owner (s) dated Tir I u Q t ,. N 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
Title: , ' AR o..,.. __
Authorized Representative
Date: toad &A 4 Axel
M:\planning\mr\johnston.dfgConsewationEasementDeed.doc
0 6844 40
EXHIBIT A
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO,
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14,
SOUTH, RANGE 1 WEST; SAN BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,
APPROVED FEBRUARY 24, 1876.
EXCEPTING THEREFROM THE EASTERLY 200.00 FEET THEREOF.
91CZfl:1�:
AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITY PURPOSES, INCLUDING BUT
NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER, AND CABLE
TELEVISION LINES AND.APPURTENANCES THERETO, UNDER, ALONG, AND ACROSS A STRIP
OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE EASTERLY 200.00 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, SAID TWENTY FOOT STRIP DESCRIBED
AS FOLLOWS:
THE NORTHERLY 20.00 FEET OF THE EASTERLY 200.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 5.
; - Alasi9flw?
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, TO BE USED IN
COMMON WITH OTHERS, OVER, UNDER, ALONG THE ACROSS THE SOUTHWESTERLY AND THE
NORTHWESTERLY 60.00 FEET AND THE NORTHERLY 45.00 FEET OF THAT PORTION OF THE
SOUTH HALF OF LOT 3 IN SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT, SOUTH 89° 51'53" EAST, 423.82 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "A'; THENCE NORTH 00 11'25" WEST; 454.22 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "B "; THENCE NORTH 24° 21'50" WEST, 152.74 FEET TO A POINT IN THE
SOUTHERLY BOUNDARY OF THAT 40.00 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED
IN PARCEL 5 IN DEED TO JOHN A. SPARKMAN, RECORDED JULY 15, 1956 IN BOOK 6181, PAGE
30 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 320.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY THEREIN, A RADIAL LINE OF WHICH BEARS SOUTH 04° 41'00" EAST TO
SAID POINT; THENCE ALONG SAID RADIAL LINE NORTH 04 41'00" WEST, 20.00 FEET TO THE
CENTER LINE OF SAID EASEMENT; THENCE ALONG SAID CENTER LINE, WESTERLY ALONG THE
ARC OF A 300.00 FOOT RADIUS CURVE CONCAVE NORTHERLY IN SAID CENTER LINE THROUGH
A CENTRAL ANGLE OF 15 13'10", A DISTANCE OF 79.69 FEET TO THE TRUE POINT OF
BEGINNING; THENCE RETRACING THE LAST COURSES AND DISTANCES TO SAID POINT "A';
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3; NORTH 83 51'53" WEST, 360.00 FEET;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT THAT IS SOUTH 89 46 WEST,
170.00 FEET FROM SAID POINT "B "; THENCE NORTH 24 21'50" WEST TO THE CENTER LINE OF
SAID 40.00 FOOT EASEMENT HEREIN ABOVE REFERRED TO; THENCE ALONG SAID CENTER
LINE SOUTH 79 27'50" WEST; TO THE TRUE POINT OF BEGINNING.
(LEGAL DESCRIPTION CONTINUED)
(LEGAL DESCRIPTION CONTINUED PAGE 2) 6845
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UNDERGROUND
UTILITY PURPOSES INCLUDING, BUT NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS,
WATER, SEWER, AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER,
UNDER, ALONG, AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID
SIXTY FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 5 TO A POINT HEREAFTER REFERRED TO AS POINT "A "; THENCE SOUTH 06 45'26"
EAST TO A POINT OF A INTERSECTION ON A LINE LYING PARALLEL TO AND 30.00 FEET
EASTERLY OF THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF NORTHWEST
QUARTER OF SECTION 5, SAID POINT OF INTERSECTION BEING ALSO THE TRUE POINT OF
BEGINNING; THENCE RETRACING THE PREVIOUS COURSE TO PREVIOUSLY DESIGNATED
POINT A; THENCE NORTH 06 45'26" WEST A DISTANCE OF 248.30 FEET TO A ONE -INCH IRON
PIPE WITH BRASS DISC MARKED L.S. 4158, SAID PIPE LYING 30.00 FEET WESTERLY OF THE
EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5;
THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,
SAID POINT OF INTERSECTION LYING 30.00 FEET EASTERLY OF THE NORTHEAST CORNER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5.
THE SAID LINES OF SAID EASEMENT ARE TO BE SHORTENED AND LENGTHENED TO
TERMINATE IN THE NORTHERLY AND EASTERLY LINES OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER.
PARCEL 5:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UNDERGROUND
UTILITY PURPOSES INCLUDING, BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS,
WATER, SEWER, AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER,
UNDER, ALONG, AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID
SIXTY FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
TO THE TRUE POINT OF BEGINNING,THENCE NORTH 89° 44'56 WEST A DISTANCE OF 59.87
FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY AND NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 73 53'01" A DISTANCE OF 103.16 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 15° 51'55" WEST A DISTANCE OF 80.63 FEET TO THE
BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 113 30'36" A
DISTANCE OF 198.11 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 50 37'29" WEST A
DISTANCE OF 349.32 FEET TO A ONE -INCH IRON PIPE WITH BRASS DISC MARKED L.S. 4158;
(LEGAL DESCRIPTION CONTINUED)
6846
(LEGAL DESCRIPTION CONTINUED PAGE 3)
THENCE SOUTH 71 29'20" WEST A DISTANCE OF 343.03 FEET TO A ONE -INCH IRON PIPE WITH
BRASS DISC MARKED L.S. 4158; THENCE SOUTH 82 35'12" WEST TO A POINT OF
INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 5, SAID POINT OF INTERSECTION
LYING 746.83 FEET SOUTHERLY OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 5.
THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED AND LENGTHENED TO
TERMINATE IN THE EASTERLY AND WESTERLY LINES OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 5.
PARCEL 6:
AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITY PURPOSES, INCLUDING BUT
NOT LIMITED TO, ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER, AND CABLE
TELEVISION LINES AND APPURTENANCES THERETO UNDER, ALONG, AND ACROSS A STRIP OF
LAND 15.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, THE CENTERLINE OF SAID FIFTEEN FOOT STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET
ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 89 44'56" WEST A DISTANCE OF 59.87 FEET TO THE BEGINNING OF A
TANGENT 80.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73 53'01"A DISTANCE
OF 103.16 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 51'55" WEST A DISTANCE OF
80.63 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 113 30'36" A DISTANCE OF 198.11 FEET TO A POINT, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT OF
INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 5, SUCH POINT BEING 30.00 FEET SOUTHERLY OF THE
NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF NORTHWEST QUARTER OF SAID
SECTION 5.
THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED AND LENGTHENED TO
TERMINATE IN THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 5.
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I I H EASEMENT
.
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h'
60' EASEMENT FOR ROAD b
AN UTWTY PURPOSES 1 °
PER FILE NO. 76- 360645
REC. 10-28 -1976 O.R.
II
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Check
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01/24/2003
11:07
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SE
BEARING DISTANCE
PT#
NORTHING
STING
DESCRIPTION
47
10574.05
3678.45
CALL
47 -49
S89 0 25 1 20 "S 390.59
49
10570.11
4069.02
CALC
49 748
SO4 0 37 1 00 11 W 56.68
48
10513.61
4064.46
BC R/W
CURVE A =37.70 DELTA =16 0 36 1 58"
T =18.98
EXT =1.38
48 -43
S03 0 41 1 29 "E 37.57
43
10476.12
4066.88
CALC
RADIUS POINT
130.00
37
10503.15
4194.04
CTR
43 -9
S00 0 13 1 20 11 W 466.70
9
10009.43
4065.07
CALC
9 -28
N89 0 25 1 20 11 W 388.81
28
10013.35
3676.28
ESMT R/W
28 -27
N00 0 13 1 20 11 E 466.70
27
10480.04
3678.09
ESMT R/W
27 -47
N00 0 13 1 20 "E 94.00
47
10574.05
3678.45
CALC
Closure error
distance> 0.00000000
Error
Bearing> N90 0 00 1 00 "E
Closure Precision>
1 in 1863478750361.44
Total Distance Traversed> 1863.48
217898.6 SQ.
FT.
5.00 ACRES
UO AAL
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