Conservation Easement Deed 2010-0550893RECORDINGREQUESTED BY:
CITY OF'POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
I T
P O BOX 789
POWAY CA 92074 -0789
D O C ## 20 0550893
111111
OCT 13, 2010 2:17 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES. 000
OC. NA
PAGES: 12
APN 321- 110- 321MDRA 06 -62 Space Above Line for Recorder's -Use Only
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due I/1�
THIS CONSERVATION EASEMENT DEED }s made this � day of OCTOLS'c R 2010,
by John L Clough, ( "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 Coastal Sage Scrub, which is valuable habitat per the Poway
Subarea Habitat Conservation Plan. Conservation of this property, therefore, will preserve valuable
habitat.
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.0 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 pfovides protection for 2.82 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
t0 -101-
Conservation Easement Deed
Page 2
contained herein in exchange for Grantee. permitting Grantor's removal of 1.79 acres of Coastal Sage
Scrub (CSS) onsite and 0:98 acres of CSS offsite, for a, total of 2.77 acres of CSS. The removal is
mitigated at a 2.1 ratio, i.e., 5.54 acres, consistent with conditions of approval of Minor Development
Review. Application 06 -62. The Conservation Easement will preserve 2.82 acres of CSS onsite and will
satisfy a portion of the required 5.54 -acre habitat mitigation. The remaining mitigation requirement, 2.72
acres of CSS, will be provided though recordation of an offsite conservation easement.
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 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
Easement
(e) To enforce by means including, injunctive relief, the terms and conditions of the
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.
Conservation Easement Deed
Page'3
(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,
material;
(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
(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,
Poway
(h) Planting of trees or other vegetation except by'written permission from the City of
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 thatare 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,4he.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
Conservation Easement Deed
Page ,4
of the terms of this Conservation Easement. Grantor and Grantee agree that Grantee's remedies for any
violation'rof 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 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'Eriforcement 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.
62 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 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 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
Conservation Easement Deed
Page 5
9. Costs and .Liabilities Grantor retains all responsibilities and shall bear all ,costs and
liabilities of any*ind including transfer costs, costs of title and documentation review, and costs related to
the ownership, operation, upkeep, and maintenance of the Property.
9.1. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Conservation
Easement, and shall furnish Grantee and CDFG with satisfactory evidence of payment upon request.
9.2. Hold Harmless Grantor shall hold harmless, indemnify, and defend Grantee and
CDFG and its members, directors, .officers, employees, agents, contractors, and their heirs, and
representatives, successors and assigns (collectively "Indemnified Parties ") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with (1) injury to or
the death of any person, or physical damages to any property resulting from any act, omission, condition,
or other matter related to or occurring, on or about the Property, regardless of cause; (2) the obligations
specified in Sections 4, 9, and 9.1; and (3) the existence or administration of this Conservation Easement
9.3 Condemnation The purposes of the Conservation Easement are presumed to
be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240 700
10. Assignment . This Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFG. Grantee may assign its rights and obligations
under this Conservation Easement only to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815 3. Grantee shall require the assignee to
record the assignment in the county where the 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 andrpostage 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 John L. Clough
P.O. Box 1083
Poway, CA 92064
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
Conservation Easement Deed
Page, 6 ,
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.
(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
Conservation Easemfent Deed
Page 7
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 EasemenCare 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: John L Clough, Property Owner
By 4Q J
John L. Clough
Approved as to Form:
Office of the City Attorney
By
�'Q
Lisa A, Foster, City Attorney
M' \planning \oda \MDRAS\MDRA 06 -62 Clough BCE docx
State of California
County of
On. V ()C 20V before me,
Date
personally appeared
JOUNG HEE,KIM
Comrnlsslom# 1,729,77,7
,2 �b -`�� Notary Public'. California
San Diego County
My Comm. Expires Mar 13, 2011
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who proved to me on the,basis of satisfactory evidence to
be the personkilyhose name(§ are to the
hin Instrument and acknowledged to me that
executed the same inii klerftheic authorized
capaclty(e ), and that.,b AbA41Zix signatureiN on the
instrument the persor*, or the entity upon behalf of
which the personKacted, executed the instrument.
I certify under PENALTY PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Z_
WITNESS my hand and official seal.
Signature
Place Notary Seal Above iln"lure of Notary Public -
OPTIONAL
Though the information'below is norregmred by law, it may prove valuable,topersons 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: Co o
Document Date:
Signer(s) Other Than Named Above:
(/RTIo,J C-A50 -L+T - DIEE
Capacity(ies) C
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SI ner's Name: `�"��" L
)KIndividual'
❑ Corporate Officer= Sitle(s);.
❑ Partner — ❑ Limited ❑ General
❑ Attorney'in Fact _
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Corporale
❑ Partner —
❑ Attorney in
[I Trustee
Number of Pages:
Officer — Title(s):,_
imited ❑ General
Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®2007 National Notary Assoclauon• 9350 Be Soto Ave, PO Box 2402•Chalsvorth, CA 91313 - 2402• w.vw NahonalNobrorq Item 95907 reorder Call Tool Free 180086 -6827
EXHIBIT "A"
LEGAL DESCRIPTION
BIOLOGICAL'CONSERVATION EASEMENT AREA A
PORTIONS - OF'LOT 2 AND THE�SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 4, TOWNSHIP'I4.SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF POWAY, COUNTY OF SAN'DIEGO, STATE OF CALIFORNIA ACCORDING
TO THE OFFICIAL, PLAT THEREOF, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO JOHN
L. CLOUGH, RECORDED MAY 15, 2000 AS DOCUMENT NO. 2000 - 0250246, OFFICIAL
RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID
LAND, NORTH88° 23'30 WEST 485.47 FEET TO THE NORTHWEST CORNER OF SAID
LAND; THENCE ALONG THE WESTERLY LINE OF SAID LAND,, SOUTH 00 54'57" EAST
450.14 FEET TO THE SOUTHWEST CORNER OF SAID LAND; THENCE ALONG THE
SOUTHERLY LINE'OF SAID LAND, SOUTH 88 23'30" EAST 197.72 FEET; THENCE
LEAVING SAID SOUTHERLY LINE, NORTH 35° 14' 50" WEST 18.75 FEET; THENCE NORTH
88 23' 30" WEST 81:68 FEET; THENCE NORTH 43° 49' 38" WEST 13.15 FEET; THENC_ E
SOUTH 83 WEST 8.22•FEET; THENCE NORTH 14° 55' 06" WEST 19.83 FEET;
THENCE NORTH 80 25'35" EAST 18.60 FEET; THENCE SOUTH 14 55'06" EAST 6.03
FEET; THENCE NORTH 80° 25'35" EAST 59.89 FEET; THENCE NORTH 17 25 WEST
48.55 FEET; THENCE NORTH:05° 25 44" WEST 34.47 FEET; THENCE NORTH 01 15'06"
EAST 25.86 FEET; THENCE NORTH 22° 07'40" EAST 24:58 FEET; THENCE NORTH 45 01'
26" WEST 11.55 FEET; THENCE',NORTH 44 58'34" EAST 9.00 FEET; THENCE SOUTH 45
01'26" EAST 11.70 FEET; THENCE NORTH 44 58'34" EAST 14;03 FEET; THENCE'NORTH
35 41' 23" WEST 34.94 FEET,THENCE NORTH 38 55'51 " EAST 69.61 FEET; THENCE
NORTH 27 02' 07" WEST 20,52 FEET; THENCE NORTH 57 36'47" EAST 20.25 FEET;
THENCE NORTH 73 4 EAST 30.86 FEET; THENCE SOUTH 83° 00'24" EAST 142.59
FEET; THENCE SOUTH ;53° 41'42" EAST 34.68 FEET; THENCE SOUTH 44 36' 38" EAST
77.41 FEET; THENCE SOUTH 29 26'01 " EAST 56.10 FEET TO A POINT ON THE
EASTERLY LINE OF SAID LAND, SAID POINT BEING 265.57 FEET SOUTHERLY OF THE
NORTHEAST'CORNER OF SAID LAND AS MEASURED ALONG THE,EASTERLY LINE OF
SAID LAND; THENCE ALONG THE EASTERLY LINE OF SAID LAND, NORTH 00 54'57"
WEST 265.57 FEET TO THE POINT OF BEGINNING.
AREA = 121,997.47 S.F. / 2:80 ACRES
CHRIS D. CIREMELE
EXHIBIT "A"
LEGAL DESCRIPTION
BIOLOGICAL CONSERVATION EASEMENT AREA B
PORTIONS OF LOT 2 AND THE''SOUTHW_ EST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN
THE:CITY OF POWAY, COUNTY'OF'SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, RECORDED IN THE'OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO JOHN
L. CLOUGH, RECORDED MAY 15, 2000 AS DOCUMENT NO. 2000 = 0250246, OFFICIAL
RECORDS OF SAN DIEGO, COUNTY AS SHOWN ON RECORD OF SURVEY 19337;
THENCE.ALONG THE NORTHERLY LINE OF SAID LAND, NORTH 88 23' 30" WEST 485.47
FEET TO THE NORTHWEST CORNER OF SAID LAND; THENCE ALONG THE WESTERLY
LINE OF SAID LAND, SOUTH 00 54'57" EAST 450.14 FEET TO THE SOUTHWEST
CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH
88 23'30" EAST 485.47 FEET TOTHE SOUTHEAST CORNER OF SAID LAND; THENCE
ALONG THE EASTERLY LINE =OF SAID LAND, NORTH 00 54' 57" WEST 46.09 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE,
NORTH 00 54'57" WEST 61.96 FEET TO THE BEGINNING OF A N_OWTANGENT 120.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE FROM'SAID POINT
BEARS NORTH 73 27' 41 "WEST; THENCE LEAVING SAID EASTERLY LINE,
SOUTHWESTERLY ALONGTHE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
18 40'35". A DISTANCE OF 39.12 FEET; THENCE SOUTH 08 27' 11" EAST 14.30 FEET;
THENCE SOUTH 23 15 EAST 11t82 FEET; THENCE SOUTH 80 22' 42" EAST 11.38
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 658 S.F. / 0.015 ACRE
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�f�t:QryLCQX� ( D. CIREMELE No. LS 5267
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MAP PREPARED BY:
$ CHRIS D. CIREMELE
164 S. ESCONDIDO BLVD.
3 ESCONDIDO, CA 92025
(750) 489 -2200
APN: 321- 110 -32
DOC. NO. 2000 - 0250246
N 8823'30 "W 485.4
LEGEND
PROPERTY LINE
BIOLOGICAL CONSERVATION
EASEMENT AREA A
121,997 S.F. / 2.801 ACRES
19337
('Zxy y,1 BIOLOGICAL CONSERVATION
S(FLSLIX}�(1' EASEMENT AREA B
LINE DATA TABLE "
658 S.F.
/ 0.015 ACRE
POB
POINT OF BEGINNING
TPOB
TRUE POINT OF BEGINNING
(R)
RA DIAL B
LINE DATA TABLE "
NUMBER
DIRECTION
DISTANCE
Ll
N.35'14'50" W
18.75'
L2
N 8823'30" W
81:68'
0
N 43'49'38" W
13.15
L4
S 83'40'47" W' -
8.22'
L5
W 14'55'06" W
_ 19.83'
L5
N 80'2535" E
18.60'
L7
S 14'55'06" E
6.03'
LB
N 602535" E
59.89'
L9
N 1725'13 "'W
48.55'
L10
N 0525'44" W
34.47'
L11
N 0195'06" E
L12
40
N 22'07 E
LIJ
N 45'01'26" W
L14
N 44'58'34" E
L15
S 45'01'26" E
b6961'
Lib
N 44'58'34" E
L17
N 35'41'23" W
L18
N 38'55'51" E
L19
N 27'02'07" W
20.52'
L20
N 5736'47" E
20.25'
L21
N 73'41'14" E
30.86'
L22
S 83'00'24" E
142.59'
L23
S 53'41'42" E
34.68'
L24
S 4436'38° E
77.41'
L25
IS 2926'01" E
56:10'
L26
I S 8022'42" E
11.38'
L27
IS 2375'03" E
1 11:82'
L28
IS 0827'11" E
I 14.30'
J 1
BIOLOGICAL CONSERVATION
EASEMENT EXHIBIT
CLOUGH PROPERTY, MINA DE ORO
IN THE CITY OF POWAY, CA.
SCALE: 1 " =60' DATE: 5117110
EXHIBIT 'B'
N 8 823' 30 "W 485.47' _ SOB
Conservation_ Ease_ ment Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Conservation
Easement Deed by John L. Clough, dated: October 4, 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 or agent on behalf of the City Council
pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981.
Dated: CITY OF POWAY
a
A. Troyan, MMC, City Clerk