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Conservation Easement Deed 2010-0702432RECORDING REQUESTED BY: FIRST AMERICAN TITLE WHEN RECORDED MAIL TO: C 1� APN 277- 070 -33 Space Above Line for Recorders Use Only © PROJECT NUMBER TTM 00 -02R [ CONSERVATION EASEMENT DEED No Documentary Transfer Tax Due CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 D 0 C# 2010 11 � I II 11 DEC 20, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES 0.00 OC: NA PAGES: 26 THIS CONSERVATION EASEMENT DEED is made this day of r'YESciP by Edward C. Malone and Barbara J. Malone, Co- Trustees under Declaration of Trust dated December 14, 1972 ( "Grantor "), 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 which will be preserved. Additionally, the project will enhance and /or create South Coast Live Oak Riparian Forest and Willows/Wetland habitat on the property, pursuant to an approved Habitat Restoration Plan, which will also be permanently preserved. 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. Section 661 -666c and other applicable laws G. This Conservation Easement provides protection for 34 28 acres of land located within the City of Poway's Subarea Habitat Conservation Plan /NCCP Focused Planning Area The land contains the project's required habitat impact mitigation which is comprised of 2.94 acres of created and /or enhanced South Coast Live Oak Riparian .Forest habitat, 0 54 acres of created and /or enhanced Willows/Wetland habitat, and 5.26 acres of existing high quality Coastal Sage Scrub habitat 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 f 7706 Conservation Easement Deed Page 2 contained`herein in exchange for Grantee permitting Grantor's removal of 0.98 acres of Southern Coast Live Oak Riparian Forest, 0 18 of acres of Willow/Wetlands, and 2 63 acres of Coastal Sage Scrub. 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, restoration 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 (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. Withdut 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, (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, Conservation Easement Deed Page 3 (d) Erection of any building, billboard, sign; 7707 (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, (3) prevention or treatment of disease, and /or (4) as required pursuant to a restoration plan approved by the City of Poway Poway (h) Planting of trees or other vegetation except by written permission from the City of (1) Notwithstanding any of the prohibited activities set forth herein, nothing shall preclude the use of the Property for flowage and flooding purposes as set forth in that easement document No. 1991- 0116778 and recorded with the San Diego County Recorder on March 15, 1991. 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. 7708 Conservation Easement Deed Page 4 If at any time in the future Grantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Easement, notwithstanding Civil Code Section 815.7, the California Attorney General or third -party entitles organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor. The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of the easement. 6 1_ Costs of Enforcement Any costs incurred by Grantee or CDFG in enforcing the terms of- this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easement shall be borne by Grantor 6.2. Grantee's Discretion Enforcement of the terms of this Conservation Easement by Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under this Conservation 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 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 65, 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 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 7709 Conservation Easement Deed 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 or the death of any person, or physical damages to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, (2) the obligations specified in Sections 4, 9, and 9. 1, and (3) the existence or administration of this Conservation Easement 9.3 Condemnation The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240 690 and 1240.700. 10. Assignment This Conservation Easement may not be transferred, assigned, or extinguished without the prior written approval of CDFG. Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to record the assignment in the county where the 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 Edward C. Malone and Barbara J. Malone, Co- Trustees under Declaration of Trust dated December 14, 1972 581 San Antonio Avenue San Diego CA 92106 Facsimile (619) 222 -0876 To Grantee: City of Poway P.O. Box 789 Poway CA 92074 Facsimile (858) 568 -1211 With a copy to. Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 Facsimile (858) 467 -4299 7710 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, 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 (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 benefitCDFG. (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 77 1 11 Conservation Easement Deed Page 7 original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Modification This Easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns (k) Exhibits All Exhibits referred to in this Easement are attached and incorporated herein by reference (1) Appropriations The duty of the City of Poway and CDFG to carry out their respective obligations under this Easement shall be subject to the availability of appropriate funds. (m) Effective Date This Easement shall be effective upon recording with the San Diego County Recorder's Office IN WITNESS THEREOF, Grantor and Grantee have entered, into this Conservation Easement the day and year first above written. GRANTOR: Edward C. Malone and Barbara J Malone, Co- Trustees under Declartion of Trust dated December 14, 1972 By: l Edward C. faalone, as Co- Trustee Approved as to Form: Office of the City Attorney M Lisa Foster, City Attorney Barbara J. Malone a o- Trustee q -&-10 Date Miplanning \jason \HVR \BCE 2.09 docx 7712 CALIFORNIA. ACKNOWLEDGMENT "SL I::'15;.9�1G.0 _nS,:dfS. yS L*? v i s T..: YC�f�.'. f�T �'+ iS��iS 9S� s iGHL�S: s iN. bS:'.T S; ti: :OY: ?i�i3Caf�i>.faS�.'aiGsjfVSa �i •ia' _ State of California County of San Diego ,/ On, S2 ?W 'I3- q, � / Aefore me, cafe personally appeared Phyllis Shinn, Notary Public Here Insert Name and [We of the 011lcer a / l Y19 4. oNc' ,-•• PHYLLIS SHINN Commission # 1778898 Notary Public - Californa San Diego County Comm.O ft Nov 9 2011 Place Nolary Seal Above who proved to me on the basis of satisfactory evidence to be the personO whose name( Is /alik subscribed to the within instrument and acknowledged to me that '15�/she /t% executed the same in /her /tft&.. authorized capacity(iot), and that by /her /th Ir signa on the instrument the person(, or the entity upon behalf of which the person(k 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 hand d o�sea<<I- �2� Signature Signature of Notary Public OPTIONAL Though the Inlormation below Is not required by law, it may prove valuable to persons re)vmg 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CI Individual D Corporate Otlicer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMSPRINT, TWOF SIGNERIr; in- Number of Pages: Sioner's Name: D Individual Corporate Officer — Tiile(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: I Signer Is Representing: RIGHT;THUMBPRINT rf 4 0F SIGNER" 020D7 National Notary Association- 9350 Oe Soto Ave., PO Box 2402 'Chatsworth CA 913l332402•www Nalc,W1lolaryorg Itemd5907 Reorder Call TNl -Free L000 -ft]6 -6627 7713 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l County of S4,„ ble (/J / { On 17 Icj0 /U before me, f/Orq ey Date Here Insert Name en, Ttle of the ONme personally appeared CDIOa/(p 4,1-) A-& Names) of Sqnelys) JUDY A. MCKEAN Commission A 1899412 -� Notary Public - California = Los Angeles County MY Comm. Expires Aug 13.2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sf whose name(,$)) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/hefAhe4Pauthorized capacity(le&), and that by his/her /their signatures) on the instrument the person(o, or the entity upon behalf of which the person(aj 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 hand and offic' 1 seal. z Signat —! � / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Tttle(s). _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT, OF. SIGNERti in Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER' 02007 National Notary Association 9350 De Seto AVe, POBo.2402- Chats.oh,CA91313- 2402 -w .NabonaiNotaryarg ttemn5907 Reorder, Call Toll -Free 1- 800.876 -6827 7714 Conservation Easement Deed Page 8 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement by Edward C. Malone and Barbara J. Malone, dated '- 9 - iy' 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 Date: 1.2- /,3 / . 7715 SHEET 1 OF 3 EXHIBIT "A" BIOLOGICAL CONSERVATION EASEMENT f " A PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID BIOLOGICAL CONSERVATION EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 19, THENCE ALONG THE SOUTH LINE OF THE SAID SECTION 19, NORTH 89 °49'50" WEST 667.66 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00 °10'10" EAST 60.00 FEET; THENCE NORTH 8949'50" WEST 64.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 8949'50" WEST 375.35 FEET; THENCE NORTH 0213'18" EAST 17.53 FEET TO THE BEGINNING OF A 115.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1411'05" AN ARC DISTANCE OF 28.47 FEET; THENCE NORTH 16 °24'23" EAST 203.48 FEET; THENCE NORTH 35 °43'05" WEST 31.05 FEET; THENCE NORTH 3917'45" EAST 713.39 FEET TO THE BEGINNING OF A NONTANGENT 636.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A, RADIAL LINE TO SAID BEGINNING BEARING SOUTH 46 °24'17" EAST, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 °35'58" AN ARC DISTANCE OF 95.46 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 55 °00'15" EAST; THENCE NORTH 3917'45 "'EAST 117.07 FEET TO THE BEGINNING OF A 1400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 °59'15" AN ARC DISTANCE OF 415.08 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT 836.00 FOOT RADIUS CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 67 °41'30" EAST AND A RADIAL LINE TO SAID BEGINNING BEARING SOUTH 5826'13" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 °09'21" AN ARC DISTANCE OF 483.78 FEET; THENCE NORTH 01 "35'34" WEST 250.31 FEET; THENCE SOUTH 58 °57'04" EAST 47.50 FEET; THENCE NORTH 0135'34" WEST 57.40 FEET TO THE BEGINNING OF A 524.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0449'35" AN ARC DISTANCE 44.14 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING NORTH 86 °45'59" WEST; THENCE NORTH 58 °57'04" WEST 25.02 FEET; THENCE NORTH 05 °59'12" EAST 52.25 FEET; THENCE SOUTH 87 °18'30" EAST 28.95 FEET; THENCE NORTH 02 °41'30" EAST 20.00 FEET; THENCE SOUTH 64 "59'43" EAST 43.82 FEET; THENCE SOUTH 45 °45'02" EAST 41.45 FEET; THENCE. SOUTH 2336'54" EAST 35.66 FEET; THENCE SOUTH 06 °24'41" EAST 62.66 FEET; THENCE SOUTH 2101'43" EAST 20.00 FEET; THENCE NORTH 69 °00'56" EAST 4.50 FEET; THENCE SOUTH 19 °29'59" EAST 49.68 FEET; THENCE SOUTH 16 °04'56" EAST 137.44 FEET; THENCE SOUTH 6601'58" WEST 12.65 FEET; THENCE SOUTH 23 °58'02" EAST 30.29 FEET; THENCE SOUTH 2122'38" EAST 38.49 FEET; THENCE SOUTH 7716 SHEET 2 OF 3 2358'55" EAST 52.91 FEET; THENCE SOUTH 5734'00" EAST 18.99 FEET; THENCE NORTH 61 °45'02" EAST 9.14'FEET; THENCE NORTH 8829'01" EAST 11A3 FEET; THENCE SOUTH 5142'29" EAST 50.85 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1722'15" AN ARC DISTANCE OF 45.48 FEET; :THENCE SOUTH 69 °04'44" EAST 47.90 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3717'10" AN ARC DISTANCE OF 97.61 FEET TO A POINT OF REVERSE CURVATURE WITH A 10.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING SOUTH 16 °21'54" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9819'28" AN ARC DISTANCE OF 17.16 FEET TO A POINT OF COMPOUND CURVATURE WITH A 196.00 FOOT RADIUS CURVE CONCAVE WESTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 81 °57'34" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 °40'51" AN ARC DISTANCE OF 33.12 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 8821'35" EAST; THENCE SOUTH 14 °48'16" WEST 17.72 FEET; THENCE SOUTH 0114'08" WEST 21.57 FEET TO THE BEGINNING OF A NONTANGENT 128.00 FOOT RADIUS CURVE CONCAVE EASTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 6023'17" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 °36'05" AN ARC DISTANCE OF 59.43 FEET; THENCE SOUTH 0300'38" WEST 20.89 FEET; THENCE NORTH 87 "25'16" WEST 33.78 FEET; THENCE SOUTH 20 °20'34" WEST 79.49 FEET; THENCE SOUTH 22 °59'10" EAST 84.20 FEET; THENCE SOUTH 7445'17" EAST 88.79 FEET; THENCE SOUTH 43 °27'52" EAST 30.52 FEET; THENCE SOUTH 71 °36'49" EAST 39.46 FEET TO THE BEGINNING OF A NONTANGENT 194.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING SOUTH 33 °47'56" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 °10'09" AN ARC DISTANCE OF 166.48 FEET TO THE TERMINUS OF SAID CURVE AND THE BEGINNING OF A NONTANGENT LINE, WITH A RADIAL LINE TO SAID TERMINUS BEARING SOUTH 15 °22'13" WEST; THENCE SOUTH 63 °15'51" WEST 112.78 FEET; THENCE SOUTH 20 "19'41" WEST 146.76 FEET; THENCE SOUTH 3109'08" EAST 95.37 FEET; THENCE SOUTH 57 °32'38" WEST 243.34 FEET; THENCE.NORTH 70 °45'55" WEST 34.55 FEET; THENCE NORTH 35 °24'33 " WEST 70.23 FEET; THENCE SOUTH 5435'27" WEST 20.00 FEET; THENCE SOUTH 3524'33" EAST 74.24 FEET; THENCE SOUTH 0545'54" WEST 27.66 FEET TO THE BEGINNING OF A NONTANGENT 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 09 °56'22" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 "08'28" AN ARC DISTANCE OF 123.40 FEET TO A POINT OF COMPOUND CURVATURE WITH A 180.00 FOOT RADIUS ,CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID POINT BEARING NORTH 24 °04'50" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 "24'14" AN ARC DISTANCE OF 89.23 FEET; THENCE SOUTH 37 °30'56" WEST 35.99 FEET; THENCE SOUTH 0427'24" WEST 94.87 FEET; THENCE SOUTH 39 °32'59" WEST 111.24 FEET; THENCE SOUTH 21 °07'52" WEST 154.61 FEET; THENCE SOUTH 70 °26'53" WEST 112.75 FEET; THENCE-SOUTH 57 °42'59" WEST 145.97 FEET; THENCENORTH 4258'07" WEST 9.38 FEET, THENCE SOUTH 47°01'53" WEST 10.00 FEET; THENCE SOUTH 42 °58'07" EAST 17.58 FEET TO THE BEGINNING OF A NONTANGENT 235.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, } WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 45 °15'56" WEST; THENCE 7717 SHEET 3 OF 3 SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31902'54" AN ARC DISTANCE OF 127:35 FEET; THENCE SOUTH 13 °41'10" WEST'174A9 FEET'TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED AREA CONTAINS 21.437 ACRES MORE OR LESS. A PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, SAID BIOLOGICAL CONSERVATION EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, THENCE ALONG THE NORTH LINE OF THE SAID SOUTH HALF OF SECTION 19, NORTH 8744'53" EAST 805.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 39 °22'26" WEST 197.99 FEET; THENCE SOUTH 00 °41'48" WEST 62.49 FEET; THENCE SOUTH 64 °58'45" WEST 108.81 FEET; THENCE SOUTH 5157'17" WEST 65.59 FEET; THENCE SOUTH 4028'20" WEST 70:83 FEET; THENCE SOUTH 28 °04'45" WEST 139.25 FEET; THENCE SOUTH 1708'21" WEST 36.97 FEET; THENCE SOUTH 00 °23'41" EAST 23.72 FEET; THENCE SOUTH 18 °04'32" WEST 285.26 FEET; THENCE SOUTH 28 °29'37" WEST 65.78 FEET;: THENCE SOUTH 60 °36'49" WEST 136.22 FEET; THENCE SOUTH 77 °13'37" WEST 30.88 FEET; THENCE NORTH 84 °05'33" WEST 42.74 FEET; THENCE NORTH 59 °49'01" WEST 112:29 FEET; THENCE NORTH 2535'54" WEST 79.29 FEET, THENCE ,NORTH 1915'58" WEST 20.00 FEET; THENCE NORTH 15 °17'39" WEST 108.24 FEET; THENCE NORTH 18 °19'21" WEST 144.47 FEET; THENCE NORTH 2713'43" WEST 72.49 FEET; THENCE NORTH 41 "10'55" WEST 95.58 FEET; THENCE NORTH 68 °12'17" WEST 72.57 FEET; THENCE NORTH 02 °04'37" EAST 44.98 FEET; THENCE NORTH 21 °40'24" EAST 35.24 FEET TO THE BEGINNING OF A NONTANGENT 970.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL LINE TO SAID BEGINNING BEARING NORTH 73 °21'35" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 °17'54" AN ARC DISTANCE OF 72.77 FEET; THENCE NORTH 20 °56'19" EAST 213.65 FEET TO A POINT ON THE NORTH LINE OF THE SAID SOUTH HALF OF SECTION 19; THENCE ALONG THE SAID NORTH LINE, NORTH 8744'53" EAST 166.77 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED AREA CONTAINS 12.847 ACRES MORE OR LESS. LANU 3\ / 9� MARK A. BRENCICK, L.S. 7226 U F F L007226 O J EX P. 12 -31 -08 LANDMARK CONSULTING * +� l , ' 2" WLEGALSIBGEw.tdm EXHIBIT "B" 7718 BIOLOGICAL CONSERVATION EASEMENT LEGEND P.O.B. INDICATES POINT OF BEGINNING T.P.O.B. INDICATES TRUE POINT OF BEGINNING ® INDICATES PARCEL "A INDICATES PARCEL ° B" CTR 114 COR SEC 19 WESTERLYI PROPERTY LINE TRACT N0. 00 -02 SHEET 1 OF 13 BIOLOGICAL CONSERVATION - EASEMENT S 112, SEC 19 T13S, R1 W, SBBM CITY OF POWAY TRACT NO. 00 -02 NO0'10'10 ° E 60.00' y TP.0.B. I-PARCEL "A N89'49'50 "A 64.12' 66 N89'49'50 "W P.O.B. PARCEL "B" - NO3'58'55 "E 2730.35' LOGICAL CONSERVATION EASEMENT P.O.B. PARCEL "A" S 114 COR SEC 19 n CONS MARK A. BRENCICK, LS 7226 SCALE: I 1"= 600" 20— 6 /M /MI SC— DWG /BCE. dwg EXHIBI T "B" SHEET 2 OF 13 SEE SHEET 3 BIOLOGICAL CONSERVATION EASEMENT LEGEND P.O.B. INDICATES POINT OF BEGINNING T.P.O.B. INDICATES TRUE POINT OF BEGINNIN� ® INDICATES PARCEL "A WESTERLY PROPERTY LINE, TRACT NO. 00 -02 F 1� co ff ok Cl L1 ZIE BIOLOGICAL CONSERVATION EASEMENT SOUTHERLY PROPERTY LINE, TRACT NO. 00 -02 N L.S. 7226 1* (� CONS ULTING Q) )�PARCEL "A" P.O.B. N89'49'S0"W 64.12' PARCEL "A" / f P.O. N00'1 D'10 "E- 60.00' 77 If L48 (/ r SCALE: 1 100' S 1/2, SEC 19 T13S, R1 W, SBBM 667.66' N89'49'50 "W S 1/4 COR SEC 19 [ SEE SHEETS 8 & 9 FOR TABULATED TRAVERSE DATA. 20— 61M/MISC— DWG /BCE. dwg EXHIBIT "B" 7720 BIOLOGICAL CONSERVATION EASEMENT LEGEND ® INDICATES PARCEL "A" S46'24_17 ° E� WESTERLY PROPERTY LINE, TRACT / NO. 00 -02 �h h� SEE SHEET 4 6� �10 0'1 N24 "04 "50" W PCC n k � a BIOLOGICAL CONSERVATION EASEMENT Lq6 E V L48 SEE SHEET 2 S � Q LMD St, v 4a�� P. BRfNc /fo � LJ � F CONSULTING LS.7226 s� Exp.12 /31/08 \Q qTF OF CAO SHEET 3 OF 13 SCALE: I1 "= 100' SEE SHEETS TRA 8 & 9 FOR TABULATED VERSE DATA. 20- 6 /M /MI SC- DWG /BCE. dwg EXHIBI T "B" 7721 BIOLOGICAL CONSERVATION EASEMENT LEGEND ® INDICATES PARCEL "A WESTERLY PROPERTY LINE TRACT NO. 00 -02 S67'41'30 "E R =1400 O v „ SCALE: II "= 100' 0 00 ,t R Q O� V / N24'04'5 CR BIOLOGICAL CONSERVATION SEE SHEET 3 EASEMENT S�� IAND S� yy v4 0 Q � p. BRF,1,clFo � L � L.S. 7226 z1 CONSULTING s Exp.12 /31/08 \Q �9Tf OF CAS \F SEE SHEET 6 SHEET 4 OF 13 F SEE SHEETS 8 & 9 FOR ULATED TRAVERSE DATA. 20- 6 /M /MI SC- DWG /BCE. dwg EXHIBIT "B" 7722 BIOLOGICAL CONSERVATION EASEMENT EASEMENT 9 SEE SHEET 3 SEA LAND SM BRF,1, S.7226 tr C ON S U LT I N G J , Exp.12f31/08 \Q 9T FOF CAEF�� V SCALE: 1 "= 700 F SEE SHEETS 8 & 9 FOR BULATED TRAVERSE DATA. 20- 6 1M/MISC- DWG /BCE dwo LEGEND SHEET 5 OF 13 INDICATES PARCEL "A" SEE SHEET 6 EXHIBI T "B" SHEET 6 OF 13 BIOLOGICAL CONSERVATION EASEMENT LEGEND ® INDICATES PARCEL "A SEE SHEET 7 116 - L17 r� ,013 V y co SCALE: 1 "= 100' ZI co m II WESTERLY J I PROPERTY LINE, TRACT NO. 00 -02 U a 0 CO 5 . �b `lb� :moo `�� 1 5.722 1 s Exp.12/31/08 \Q I IN SEE SHEET 4 (� CONS BIOLOGICAL CONSERVATION EASEMENT 588'21'35 ° E(R) N81'57_34 ° E(R) � PCC *2 C'g PRC � I I C2q CC5 A K' L28 N 7723 r - �o 4,37 2 \ C9 515'22"13 "WERI SEE SHEET 5 SEE SHEETS 8 & 9 FOR TABULATED TRAVERSE DATA. 20- 61MIMISC —DWG /BCE dwa EXHIBIT 7724 BIOLOGICAL CONSERVATION EASEMENT LEGEND vvN INDICATES PARCEL �'A" Lt L7 �r l3 0 N d Ln O z SCALE: I7 "'= 100 SHEET 7 OF 13 1 h 0 � l BIOLOGICAL L13 CONSERVATION L14 EASEMENT S 112, SEC 19 z T13S, R1 W, O � SBBM L16 L17 � cp L2O 9 1 91 WESTERLY PROPERTY LIN TRACT NO. 00 -02 L.S..7226 Exp.12 /31/OE C4 SEE SHEETS 8 do 9 FOR TABULATED TRAVERSE DATA. 20- 6 /M /MI SC- DWG /B CL. d w9 EXHIBI T "B" BIOLOGICAL CONSERVATION EASEMENT 7725 SHEET 8 OF 13 LINE. DATA NO. BEARING DISTANCE L1 NO2'13'18 "E 17.53' L2 N35 43'05 "W 31.05' L3 N58'57'04 "W 47.50' L4 N01 '35'34 °W 57.40' L5 N5857'04 "W 25.02' L6 N05'S9'12 "E 52.25' L7 N87'18'30 "W 28.95' L8 NO2'41'30 "E 20.00' L9 N54'59'43 "W 43.82' L10 N45'45'02 "W 41.45' L11 N23'36'54 ° W 35.66' L12 N06 °W 62.66' L13 N21 01'43 "W 20.00' L14 N69'00'56 "E 4.50' L15 N1929'59 W 49.68' L16 N66'01'58 ° E 12.65' L17 N23'58'02 "W 30.29' L18 N21'22'38 ° W 38.49' L19 N23'58'55 ° W 52.91' L20 N57'34'00 ° W 18.99' L21 1461 '45'02" E 9.14' L22 N88'29'01 "E 11.43" L23 N51'42'29 "W 50.85' L24 N69'0444 W 47.90' L25 N14'48'16"E 17.72' LINE DA TA N0. BEARING DISTANCE L26 N01 *14'08 ° E 21.57' L27 NO3'00'38 "E 20.89' L28 N8725'16 "W 33.78' L29 N20'20'34"E 79.49' L30 N22'59'10 "W 84.20' L31 N74'45'1 7 "W 88.79' L32 N43'27'52 "W 30.52' L33 N71'36'49 "W 39.46' L34 N63'15'51 "E 112.78' L35 N20 *19'41 "E 146.76" L36 N31 '09'08 "W 95.37' L37 N70'45'55 "W 34.55" L38 N3524'33 "W 70.23' L39 N54'35'27 "E 20.00' L40 N35'24'33 "W 74.24" L41 N05'45'54 ° E 27.66" L42 N37 30'56 "E 35.99' L43 N0427'24 "E 94.87' L44 N39'32'59 "E 111.24' L45 N21 '07'52 "E 154.61' L46 N70'26'53 "E 112.75' L47 N42 58'07 "W 9.38' L48 N47'01'53 "E 10.00' L49 N42'58'07 "W 17.58' L50 N13'41'10 "E 174.19' Si p 0 D SWA` I f v 4? � p. BRf fro �� LJ it L.S. 7226 tr CONSULTING s Exp.12/31/08 \Q fgTf OF co-\ p 20- 6 /M /MISC- 0 WG /BCE. dwg x'726 EXHIBIT "B" BIOLOGICAL CONSERVATION EASEMENT SHEET 9 OF 13 CURVE DATA N0. RADIUS DELTA ARC C1 115.00' 14'11'05" 28.47' C2 636.00' 08'35'58 95.46' C3 524.00' 04'4935" 44.14' C4 150.00" 17'22'15" 45.48' C5 150.56 7'1 o" 97.61' C6 10.00' 98'19'28" 17.16' C7 196.00' 09'40'51" 33.12' C8 128.00' 26'36'05" 59.43' C9 194.00' -- — T '10'09" 166.48" C10 500.00' 14'08'28 123.40' C11 180.00' 2824'14 " 89.23 C12 235 31'02'54 12735 5�� IAND SCR` I f �� u 1111 {r L.S. 7226 it CONSULTING JT Exp.12 /31/08 \e qjF OF c \i 20- 6 1M 1MISC— DWG 1BCE.dwg EXHIBIT "B" 7727 BIOLOGICAL CONSERVATION 'EASEMENT LEGEND SHEET 10 OF 13 INDICATES PARCEL "B" CTR 114 CDR P. R PARCEL "B" SEC 19 /805.00' - - - 1 � N87 53 "E 971.7 WESTERLY PROPERTY LINE `�' TRACT NO. 00 -02 N73'21'35 V I— Ld W 2 Lu W V) J i BIOLOGICAL CONSERVATION EASEMENT SCALE. 1 "= 100" L.S. 7226 Ezp.12 /31 /Of SEE SHEET 12 SEE SHEET 13 FOR TABULATED TRAVERSE DATA. 11 � CONSULT I 20- 6 1M /MISC UWG /LJU aw9 EXHIBI T "B'.' 7728 BIOLOGICAL CONSERVATION EASEMENT LEGEND 'INDICATES PARCEL ° B " NORTHERLY PROPERTY LINE TRACT NO. 00 -02 SHEET 11 OF 13 N87'44'5 3 "E 971.77 j W W 2 W J X 52 h� v BIOLOGICAL CONSERVATION EASEMENT SCALE: II "= 100" S 1 /2, SEC 19 T13S, R1 W, SBBM SEE SHEET 12 SAND 1� L.S. 7226 \ n Esp.12 /31/Of CONS SEE SHEET 13 FOR TABULATED TRAVERSE DATA. 20- 61MIMISC —OWG /BCE dwg EXHIBIT "B" BIOLOGICAL CONSERVATION :EASEMENT LEGEND INDICATES PARCEL "B" w w / � � Ld w 1 � , / BIOLOGICAL �� CONSERVATION rn EASEMENT rn r` rn SHEET 12 OF 131 i X63 L62 L6 SEA lAN0 tr L "5.7226 tr u CONSULTING s EMp.12/31/08 \Q � CNO\ \,60 S 1 12, SEC 19 T 13S, R 1 W, SBBM 7729 w Ln J w SCALE: I1 "= 100 SEE SHEET 13 FOR TABULATED TRAVERSE DATA. 20- 6 /M /MI SC -DWG /BCE. d wg EXHIBI T "B" BIOLOGICAL CONSERVATION EASEMENT SHEET 13 OF 13 LINE DATA NO. BEARING DISTANCE L51 N00'41'48 "E 62.49' L52 N64'58'45'E 108.81' L53 N51'57'1 7"E 65.59' L54 N40'28'20 "E 70.83' L55 N28'04'45 7 E 139.25' L56 N17'08'21"E 36.97' L57 N00'23'41 "W 23.72' L58 N18'04'32 "E 285.26' L59 N28'29'37 "E 65.78' L60 N60'36'49 "E 136.22' L61 N77 °13'37T 30.88' L62 N84'05'33 "W 42.74' L63 N59'49'01 "W 112.29' 7730 NO. BEARING DISTANCE L64 N25'35'54 "W 79.29' L65 N19'15'58 "W 20.00' L66 N15'1 7'39 "W 108.24' L67 N18'19'21 "W 144.47' L68 N27'13'43 "W 72.49' L69 N41'10'55 "W 95.58' L70 N68'12'1 7"W 72.57' L711 NO2'04'37 "E 44.98' L72 I N21 *40'24"E 35.24' CURVE DATA N0. RADIUS DELTA ARC C13 970.00' 1 04'17'54" 72.77 ((CExpS;2131108 7226 tt CONSULTING f _ Q 20- 6 /M /MI S C— DWG /BCE. dwg