Conservation Easement Deed 2012-0155878D O C ## 201 2 -01 55878
1111111111111111111111 11111 1111111111111111111111
RECORDING REQUESTED BY:
CITY OF POWAY
F
WHEN RECORDED MAIL TO:
CITY CLERK
N
CITY OF POWAY
I I CYl
P O BOX 789
POWAY CA 92074 -0789
MAR 16, 2012 11:23 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ErnestJ Dronenburg Jr. COUNTY RECORDER
FEES 0.00
PAGES: 15
APN: 317- 021 -18 and 30 /CUP09- 01 /DR09 -01
Space Above Line
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
li.
THIS CONSERVATION EASEMENT DEED is made this -7 day of _
Chinmaya Mission San Diego, a California non - profit corporation ( "Grantor "),
( "Grantee'), acting by and through its Development Services Department, with
facts
RECITALS
MARCH , 2012, by
n favor of City of Poway
reference to the following
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 (HCP). 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.C. Section 1531 et seq.
(ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661 -666c and other applicable laws
G. This Conservation Easement Deed provides protection for 2.98 acres of Coastal Sage Scrub
(CSS) habitat located within the City of Poway's Subarea Habitat Conservation Plan /NCCP Focused
Planning Area. The easement area consists of 2.33 acres of undisturbed CSS, 0 46 acres of recovering
CSS, and 0.19 acres of ruderal habitat that is converting back to CSS
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
Conservation Easement Deed
Page 2
contained herein in exchange for Grantee permitting Grantor's removal of 2.86 acres of Coastal Sage Scrub
(CSS) onsite. A maximum of 4 acres of habitat removal is permitted in that that the project site consists of
two legal parcels located within the Mitigation Area of the Poway HCP, thereby allowing for a maximum of
2 acres of habitat impact per lot. The removal is mitigated at a 2:1 ratio, requiring 5.72 acres of CSS habitat,
which is consistent with the findings of the project's Mitigated Negative Declaration and conditions of
approval of Conditional Use Permit 09 -01 and Development Review 09 -01. This Conservation Easement
will preserve 2.98 acres of CSS onsite, but will only satisfy 2.56 acres of the required 5 72 -acre habitat
mitigation in that pursuant to the Poway HCP, only one half of the mitigation credit (0 23 acres) was given to
the 0.46 acres recovering CSS and no mitigation credit was given for the 0 19 acres of ruderal habitat. The
remaining mitigation requirement of 3.16 acres of CSS (5.72 - 2.56 = 3.16) has been satisfied by a prior
payment of an In -Lieu Fee to the City in the amount of $34,300 for future purchase of land for habitat
preservation. The In -lieu Fee was paid by Poway Country Montessori as partial mitigation to brush
2.93 acres of CSS on the same project site in preparation of a Montessori school construction project
(Administrative Clearing Permit 08 -01 and Conditional Use Permit 07 -06), which was not implemented.
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
Conservation Easement Deed
Page 3
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.
(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, or sign;
(e) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(f) Otherwise altering the general topography of the Property, including building of
roads or changing the grade of the Property,
(g) Removing, destroying, or cutting of trees, shrubs, or other vegetation, except as
required by law for: (1) firebreaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease;
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 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
Conservation Easement Deed
Page 4
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, at 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 Enforcement Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this Conservation Easement shall be borne by Grantor.
6.2. Grantee's Discretion Enforcement of the terms of this Conservation Easement by
Grantee or CDFG shall be at the discretion of Grantee and CDFG, and any forbearance by Grantee or
CDFG to exercise its rights under this Conservation Easement by Grantor shall not be deemed or construed
to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this
Conservation Easement or of any of the Grantee's rights under this Conservation Easement. No delay or
omission by Grantee or CDFG in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
6.3. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement
by Grantee shall be at the discretion of Grantee and CDFG to bring any action against Grantor for any injury
or change in the Property resulting from causes beyond Grantor's control, including, fire, flood, storm, and
earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes.
6.4. Department of Fish and Game Right of Enforcement. All rights and remedies
conveyed to Grantee under this Conservation Easement Deed shall extend to and are enforceable by the
Department of Fish and Game or USFWS.
6.5. Fence Installation and Maintenance Grantor shall install and maintain a fence
between the approved development area of the parcel and the Conservation Easement Deed area to protect
in perpetuity the conservation values and function of the Property. The type of fencing 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.
Conservation Easement Deed
Page 5
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 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:
Conservation Easement Deed
Page 6
To Grantor: Chinmaya Mission San Diego
11715 Treadwell Drive
Poway, CA 92064
To Grantee. City of Poway
P.O. Box 789
Poway CA 9 2074
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
3883 Ruffin Road
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) 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.
Conservation Easement Deed
Page 7
(f) Successors The covenants, terms, conditions, and restrictions of this Conservation
Easement Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property These covenants hereunder benefiting Grantee shall also benefit CDFG.
(g) Termination of Rights and Obligations A party's rights and obligations under this
Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation
Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer.
(h) Captions The captions in this instrument have been inserted solely for convenience
of reference and are not a part of this instrument and shall have no effect upon its construction or
interpretation.
(1) Counterparts The parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by Grantor and Grantee, each counterpart shall be deemed an
original instrument as against any party who has signed it In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling
Q) Modification This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFG or their permitted successors or assigns
(k) Exhibits 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: Chinmaya Mission San Diego, Property Owner
B v-"
Snnivas Sukumar, President of Chinmaya Mission San Diego
Approved as to Form:
Office of the City Attorney /
By: /U W
Morga L. F ley, Ity Att rney
M.lplanning \oda \CUP 09 -01 Chinmaya Mission BCE docx
CALIFORNIA ALL-PURPOSE ACKNOWLE
State of California
County of � N
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Date / Here Insert Name and Title of the Officer
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1 PHMLUs S""M
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who proved to me on the basis of satisfactory evidence to
be the person(% whose name(V is/Asubscribed to the
within instrument and acknowledged to me that
he /s)te /t* executed the same in his /W/t* authorized
capacity(i)Q, and that by his/MrAf air signature(k on the
instrument the person(., or the entity upon behalf of
which the person4 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 and official seal.
Signature
Place Notary Seal Above ! Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of
)",C�
Document Date: MilAti I Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
�:] Individual
::1 Corporate Officer —Title(s):
-1 Partner — O Limited ❑ General
::1 Attorney in Fact
::1 Trustee
::1 Guardian or Conservator
J Other:
Signer Is Representing:
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OF SIGNER
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Signer's Name:
C Individual
C Corporate Officer — Title(s):
• Partner — ::1 Limited C General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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a,2007 National Notary Association- 9350 De Soto Ace, PO Bar 2402•Chatsworm, CA 91313- 2402• Nabonafloraryorg Item #3907 Reorder Call Toll -Free 1- 800- 676 -68D
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Conservation
Easement Deed by Chinmaya Mission San Diego (Grantor) dated: March 7, 2012, 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 and the grantee consents to recordation thereof by its duly authorized officer.
GRANTEE: City Of Poway
By:_� h
LifiddA. Troyan, MMC, City Clerk
Authorized Representative
Date: March 13. 2012
EXHIBIT `A'
LEGAL DESCRIPTION: BIOLOGICAL CONSERVATION EASEMENTS
APN 317 - 021 -18, 317- 021 -30
PARCEL 1
A PORTION LOT 35 OF TRACT "I"' OF POWAY, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
7, 1888, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 35, THENCE ALONG
THE SOUTH LINE OF SAID LOT 35 NORTH 88 °45'49" WEST, 330.13 FEET TO A POINT
ON A LINE PARALLEL TO AND 330.00 FEET WEST, MEASURING AT RIGHT ANGLES,
OF THE EAST LINE OF SAID LOT 35; THENCE ALONG SAID PARALLEL LINE NORTH
00'22'12" WEST, 260.10 FEET TO A POINT ON A LINE PARALLEL TO AND 260.00 FEET
NORTH, MEASURING AT RIGHT ANGLES, OF THE SOUTH LINE OF SAID LOT 35;
THENCE ALONG SAID PARALLEL LINE SOUTH 88'45'49" EAST, 30.01 FEET TO A
POINT ON A LINE PARALLEL TO AND 300.00 FEET WEST, MEASURING AT RIGHT
ANGLES, OF THE EAST LINE OF SAID LOT 35, SAID POINT BEING THE TRUE POINT
OF BEGINNING, THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH
88`45'49" EAST, 203.20 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH
00 °05'11" WEST, 58.01 FEET; THENCE SOUTH 07 °47'52" WEST, 37.98 FEET; THENCE
NORTH 88`49'50" WEST, 71.78 FEET; THENCE SOUTH 80'07'35 "WEST, 14.72 FEET;
THENCE NORTH 88`45'36" WEST, 47.99 FEET; THENCE SOUTH 52 °54'24" WEST, 38.22
FEET; THENCE SOUTH 01'14'24" WEST, 13.05 FEET; THENCE SOUTH 33'24'52" WEST,
18.11 FEET; THENCE SOUTH 19'45'31" WEST, 24.84 FEET; THENCE SOUTH 89'20'30"
WEST, 13.40 FEET TO A POINT ON A LINE PARALLEL TO AND 300.00 FEET WEST,
MEASURING AT RIGHT ANGLES, OF THE EAST LINE OF SAID LOT 35; THENCE
ALONG SAID PARALLEL LINE NORTH 00'22'12" WEST. 174.80 FEET TO THE TRUE
POINT OF BEGINNING.
TOTAL AREA IS 0.51 ACRE, MORE OR LESS.
PARCEL2
A PORTION LOT 36 OF TRACT "F" OF POWAY, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
7, 1888, DESCRIBED AS FOLLOWS:
BEGNINING AT THE NORTHWEST CORNER OF SAID LOT 36, THENCE ALONG THE
NORTH LINE OF SAID LOT 36, SOUTH 88 0 45'49" EAST, 138.60 FEET; THENCE
LEAVING SAID NORTH LINE SOUTH 85 0 42'26" EAST, 58.50 FEET; THENCE SOUTH
76 0 44'50" EAST, 56.35 FEET; THENCE SOUTH 84'34'15" EAST, 50.99 FEET TO THE
BEGINNING OF A NONTANGENT 57.00 FOOT RADIUS CURVE, THE RADIAL LINE TO
SAID BEGINNING OF CURVE BEARS NORTH 42 0 45'04" WEST FROM THE CENTER OF
SAID CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 33 0 36'41 ", A DISTANCE OF 33.44 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 13 0 38'15" WEST, 51.53 FEET; THENCE SOUTH 4 °14'54" WEST, 31.22
FEET; THENCE SOUTH 6 °53'23 "EAST, 30.65 FEET; THENCE SOUTH 13 °49'43" EAST,
41.10 FEET; THENCE NORTH 90 °00'00" WEST, 6.25 FEET TO THE BEGINNING OF A
TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHTHERLY; THENCE
WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 37 0 18'28 ", A DISTANCE
OF 65.11 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS NONTANGENT
CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH
30 0 04'21" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 29 0 01'01 ", A DISTANCE OF 50.64
FEET TO THE BEGINNING OF A 100.00 FOOT NONTANGENT CURVE; THE RADIAL
LINE TO SAID BEGINNING OF CURVE BEARS NORTH 20 0 58'32" WEST FROM THE
CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 64 A DISTANCE OF 111.91 FEET TO THE
BEGINNING OF A NONTANGENT 100.00 FOOT RADIUS CURVE; THE RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 62 0 45'19" WEST FROM THE CENTER
OF SAID CURVE; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE
OF 27 0 14'41 ", A DISTANCE OF 47.55 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 00 0 00'00" WEST, 69.00 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS
TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND THE
SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 57 0 07'27 ", A
DISTANCE OF 99.70 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS
NONTANGENT CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
SOUTH 40 0 32'57" WEST FROM THE CENTER OF SAID CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 15 0 56'34 ", A
DISTANCE OF 27.83 FEET TO THE BEGINNING OF A 100.00 FOOT RADIUS
NONTANGENT CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
SOUTH 79 °41' 10" WEST FROM THE CENTER OF SAID CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 21 0 48'01 ", A
DISTANCE OF 38.05 FEET; THENCE LEAVING SAID CURVE NORTH 87 °36'31" WEST.
72.53 FEET; THENCE NORTH 69 0 10'32" WEST, 57.80 FEET; THENCE NORTH 79 °16'02"
WEST, 64.82 FEET TO A POINT ON THE WEST LINE OF SAID LOT 36; THENCE
ALONG SAID WEST LINE NORTH 00 0 00'08" EAST. 558.84 FEET TO THE POINT OF
BEGINNING.
TOTAL AREA IS 2.47 ACRES, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
R.O.S. MAP 11765.
PREPARED BY:
WILLIAM YEN, PCE 33730
EXHIBIT'B' SHEET 1 OF 4
BIOLOGICAL CONSERVATION EASEMENT
APN 317 - 021 -18 & 30
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10TH STREET —
SHEET 2 OF 4
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
APN 317 - 021 -18 & 30
SCALE: 1"=50'
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n \\ \ L5 N00'05'11 "E 58.01'
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DD # ROAD, SEWER, WATER, GAS AND TELEPHONE LINE EASEMENT
PER F/N 79- 480822 OF O.R. REC. 11 -15 -1979
DD # 60'
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L2
N13'38'15 "E 51.53'
Cl
57.00'
33'36'41"
33.44'
L3
N4'14'54 "E 31.22'
C2
100.00'
37'18'28"
65.11'
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L4
N6'53'23 "W 30.65'
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100.00'
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64'07'14"
111.91'
L6
N90'00'00 'W 6.25'
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L7
L8
N85'42'26 58.50'
N76'44'50 "W 56.35'
SHEET 3 OF 4
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APN 317 - 021 -18 & 30
N88'45'49 "W 447.23'
ME //
SHEET 4 OF 4
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
APN 317 - 021 -18 & 30
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LINE DATA CURVE DATA O NO 33730 m
___________ _____ _— ______________ —__ cr EXP. 6 -30 -2012 z
L10 N69'10'32 "W 57.80' R DELTA L +
L11 N79'16'02 "W 64.82' C4 100.00' 64'07'14" 111.91' sr cm\.
C5 100.00' 27'14'41" 47.55 � F
C6 100.00' 57'07'27" 99.70'
C7 100.00' 15'56'34" 27.83'
C8 100.00' 21'48'01" 38.05' ���H