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Amendment of Covenants of Restriction and Correction and Grant of Conservation Easement r -- 1673 DOC # 2000-0014925 RECORDING REQUESTED BY Jan 11. 2000 9:36 AM When Recorded, Please Mail this Instrument to OFFICIAL RECORDS SAN DIEM COUNTY RECORDER'S OFFICE The Environmental Trust GREGORY J. SMITH COUNTY RECORDER Records Management FEES: 39.00 7879 El Cajon Blvd vs: NA La Mesa, CA 91941 DAYS: 2 SPACE ABOVE FOR RECORDER'S USE ONL 1 .0 1 NOcX A S A r i aiv 1 2000- 0014925 +3 RESTATC OF COVENANTS OF RESTRICTION AND CORRECTION AND GRANT OF CONSERVATION EASEMENT WH ER EAS: The Kimball Family Trust ( "Grantor ") did establish a Covenant of Restriction and Grant a Conservation Easement to The Environmental Trust, Inc., a California Corporation (Grantee) in a document recorded on January 23, 1998 as document number 1998-0034113 in the Office of the County Recorder of San Diego County. It is the mutual desire of the Grantor and Grantee to repeal, rescind and nullify the above mentioned document in its entirety and by this document to reestablish new Covenants of Restriction, correct the legal description and grant a new Conservation Easement. WHEREAS: The Kimball Family Trust, warrant that they the owners of the real property in the City of Poway, County of San Diego, State of California, as described in Exhibit "A" attached hereto and commonly known as the Westview Habitat Preserve ( "the Preserve ") and being Assessor's Parcel 321 - 110 -02; which is or may be subject to real estate taxes, assessments, conditions, restrictions and easements all as the same may be of record and, WH ER EAS:It is the desire of the Grantors and The Environmental Trust, that Covenants be recorded over a portion of the Preserve and an easement over that portion of the Preserve be granted to Grantee to remain as open space in perpetuity. The restrictive covenant and easement are to cover the subject property as described in Exhibit "B" attached hereto. WH E R EAS: Grantee is a nonprofit public benefit corporation and was organized 1 167. exclusively for charitable, educational, scientific, ecological, historical, recreational, and scenic purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. The specific and primary purpose for which The Environmental Trust was formed is to protect and preserve lands and other natural resources for open space values by monitoring, managing and otherwise preserving the natural and historical values of the natural resources under its charge by the use of trusts, conservation easements, or other means to ensure these resources are preserved for future generations. Whereas: It is the intent of The Environmental Trust to hereby Covenant and Restrict for themselves and their successors and assigns the use of the property described in Exhibit "B" as follows: A. To have the subject property designated and treated as open space for the conservation values as stated above; B. To use the subject property only for the purposes and intent of these Covenants; C. To not allow livestock to graze or use the subject property nor to use the subject property for agricultural purposes; D. That the terms, covenants and conditions and the purpose and intent set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California; E. That this Covenant shall bind the Grantor and their successors and assigns; F. That this Easement shall run with the land. NOW THEREFORE, for valuable consideration to cover acquisition, management and monitoring of the subject property, receipt of which is hereby acknowledged: 1. The Grantor grants to The Environmental Trust: A. An exclusive, perpetual conservation easement (Easement) for open space purposes over, upon, across and under the subject property. The purpose and intent of which is educational, scientific, ecological, historical, recreational and scenic values. This easement is exclusive to The Environmental Trust with the City of Poway and The California Department of Fish and Game named as a third party beneficiaries. B. The perpetual right, but not the obligation, to manage the resources of the subject property in concurrence with the purpose and intent of this Easement. In the event The Environmental Trust proposes to cease operation and assign all of its rights and obligations to the property to another nonprofit entity provided for in Section 214 of the Revenue and Taxation Code of the Internal Revenue Service, to a governmental agency or other party mutually acceptable to the California Department of Fish and Game and the U.S. Fish 2 1675 and Wildlife Service any of which shall agree to assume all such rights and obligations. If no such entities are available, the City of Poway may assume the management obligations under this Grant of Easement. C. Together with the above rights to manage the easement, Grantor grants to the The Environmental Trust and abandons for itself any development rights that could, under current or future building and planning codes or ordinances, be used for density calculations, density transfers or in any other manner benefit, for development purposes, the remainder parcel of the Preserve that is not placed under this Grant of Easement. 2. The grant of this easement and its acceptance by The Environmental Trust shall not authorize the public nor any member thereof to use or enter upon all or any portion of the subject property except for limited recreational, educational, scenic or scientific uses or for purposes of biological or historical research. It being understood that the purpose and intent of this Covenant and Easement is to restrict the uses to which the subject property may be put so it will be preserved in perpetuity and managed by The Environmental Trust to the benefit of its biological, historical, environmental and scenic resources. 3. As a material inducement and condition to Grantor's agreement to grant this Grant of Conservation Easement, The Environmental Trust hereby agrees by accepting this Easement that the access to the subject property is hereby expressly granted to the employees of The Environmental Trust to fence, maintain, monitor and otherwise manage the resources of the Easement for the purposes and the limited uses stated above. The Environmental Trust acknowledges that access to the subject property is granted by Grantor to employees of the applicable state or federal resource agencies or their respective official designed representatives to allow them to observe the conditions of the property as per the management and monitoring requirements that apply. // // // // 3 (. . 16'76 4. This Easement shall preclude native vegetation removal or additions with the exception of specific management requirements, or conditions specified in sections 1 and 2 above, and that brush clearing for fire protection purposes shall be at the discretion of The Environmental Trust as prescribed by law. Covenanted and deeded this / 9 day of /vo vc -i6er , 1999 Kimball Family Trust Signature: tf.64 7 -s Z e ze By: William J. Ki Trustee t The Environmental Trust, Inc. Signature 44.4.._ 4 .,,.„.., .4 - %. ._ By: Don Hunsaker II, President n MARY PENDLETON , . JEFF LA PIERRE c . , 4 CONK 01187323 ".4"``"": m. t 1111026 N 4 w i , t4 NOTARY PUBLIC- CALIFORIM ►tnn �.i ' NOl'ARY IUBUC • CALIf ,,, SAN DIEGO COUNTY + ‘ " ' 5 +n 01too County „� "� * n IA mm. boat Muth 21,1002 ._, CUM . EXP. UNE 16, � +ma Y Co it // � /ii ` r k t x-2_0'1 4 - r 1677 /- - ALL- PURPOSE ACKNOWLEDGMENT r" • State �.•�•••.`•.�•�•�•.�•�.• •• of California ' SS. • I County of .1A1 , e o ' • • 1 On Hove )' ) ?97 before me, ,fie (r LA I e- • (DATE) (NOTARY) • I personally appeared k.) ►)) ► c•- 'v' j . j(I All b� 11 i SIGNER(S) • • I ❑ personally known to me - OR- i proved to me on the basis of satisfactory I • evidence to be the persons) whose name(s) • I is /are subscribed to the within instrument and I I • acknowledged to me that he/she/they executed • the same in his /her /their authorized 1 1 • capacity(ies), and that by his /her /their • signature(s) on the instrument the person(s), I • or the entity upon behalf of which the • • person(s) acted, executed the instrument. r.- FF • PIERRE V. 1 '� 'L`c7 COM /1187323 • ' Z '' ' TARP PUBUC'CAUFORNA WIT my hand and official seal. • I . 4 -. ` , SA1 101EO0 COUNTY • ►� . Ei rP..IUNE 1b i • • 1 NOTA Y'S SIGNATURE • • OPTIONAL INFORMATI ON � I • The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- I • edgment to an unauthorized document. • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D SCRIPT I ON OF ATTACHED DOCUMENT I • o O� * V'C..A S I ❑ INDIVIDUAL /2LS }1'I4-E-tc •.‘ A,v\ c 9 I'i-G- t - ,r.vt „Ad_ • El CORPORATE OFFICER 6- f+N- p C O r-� ( q� ��� b. oi » TITLE OR TYPE OF DOCUMENT • • TITLE(S) E(s) 7 ❑ PARTNER(S) 1 • NUMBER OF PAGES 41, ATTORNEY -IN -FACT -- • 1 I 1 TRUSTEE(S) 100(,. , ti� `` be i ) % 1 % � � 1 • / ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT • I ❑ OTHER: 1 • OTHER • I 1 • • 0 RIGHT THUMBPRINT L i • SIGNER IS REPRESENTING: OF a • NAME p F REASON S) O NT ES) - ✓►'1 5 a / 1 I I ! r't , 5 )- SIGNER A • • •■•■•■•••■•■•■•■• ■•■•■••• ••••••■• •••• J APA 5/97 VALLEY - SIERRA, 800 - 362 -3369 ALL- PURPOSE ACKNOWLEDGMENT 1678 � • �•i•�•�►• �•�•�•�•�•�•�•�• ►•�•�•�• �• • State of California 1 • County • of r j iJ t 1 E a ss. I • • On NoJ CAA aez as,igg9 before me, V\ IA R`; ?cN OLE - rot• • (DATE) (NOTARY) ' ' personally appeared DON Vk v N S a K ER , rtT _ • • SIGNER(S) I I )k • personally known to me - OR- Li proved to me on the basis of satisfactory I I • evidence to be the person(s) whose name(s) • is /are subscribed to the within instrument and f • acknowledged to me that he/she /they executed • the same in his /her /their authorized • capacity(ies), and that by his/her/their y eir • signature(s) on the instrument the person(s), I • I or the entity upon behalf of which the • person(s) acted, executed the instrument. • WITNESS my hand and official seal. • I ' 0v0.:. MARY PENDit rON =.' 1 • r 4 = yi•'"f` Comm. • 1177G26 in w 1 '; 4 n, 3 NGTAAY PlauC•CALIFOANIA Y1 W-z)1/4----C:73,r--\ • � '+ {�r� San o �Ry .. • M Comm. Expire M 21, 2002 I NOTARY'S SIGNATURE • • OPTIONAL INFORMATION • The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- • edgment to an unauthorized document. 1 • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' ! )1il INDIVIDUAL `tc‘. t e m-�C u ob Coy Qr< . 5 ci; S fit' ic+� z:,°, • CORPORATE OFFICER ar �• t r zcti cT, o (_ c ' C EaS¢ nlirt+ • ' p j, E S I b E t\..)1 TITLE(S) TITLE OR TYPE OF DOCUMENT I I • ❑ PARTNER(S) • • ❑ ATTORNEY -IN -FACT NUMBER OF PAGES i I El N TRUSTEE(S) • • a v e,,•,,bz.r I� , t 99 q I • ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT 3 • ❑ OTHER: - 1Ze, pests eutev5 • N. Ce*R_ :tDcc#tfl�locc3yl13 • I O ER • • i ' m • SIGNER • IS REPRESENTING: RIGHT THUMBPRINT I • I NAME OF PERSON(S) OR ENTI YDES) • SIGNER i ' • TNT EtJWIRo1JmE1JTlAt_;TRUST,TNC. • •..w•....•..m.•.....•.....•....•......•....•....•....•.....• .....•....►•.....•.....• .....•...►• APA 5/97 VALLEY - SIERRA, 800 - 362 -3369 16'7 Exhibit A Lots 3 and 4 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 Official Plat thereof, EXCEPTING THEREFROM that portion of said Lot 4, described as follows: Beginning at the Northwest corner of said Lot 4; thence Southerly along the Westerly line of said Lot, a distance of 800.00 feet; thence Easterly parallel with the Northerly line of said Lot, a distance of 400.00 feet; thence Northerly along a straight line to a point of the Northerly line of said Lot 4, which is distant thereon, 600.00 feet Easterly from the Northwest corner of said Lot 4; thence Westerly along said Northerly line, 600.00 feet to the POINT OF BEGINNING as shown in the deed to grantor in deed recorded February 22, 1996 as document # 1996 - 0085592. • • EXHIBIT B 1680 LEGAL DESCRIPTION ALL THAT PORTION OF LOTS 3 AND 4 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 3 DISTANT THEREON NORTH 89 °15'00" WEST 380.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 0 °24'23" EAST 331.95 FEET; THENCE NORTH 47 °24'35" WEST 263.64 FEET; THENCE NORTH 0 °00'00" EAST 150.00 FEET; THENCE NORTH 72 °28'50" EAST 75.00 FEET; THENCE SOUTH 81 °11'45" EAST 210.34 FEET; THENCE NORTH 53 °10'00" EAST 199.18 FEET; THENCE NORTH 31 °23'53" WEST 108.60 FEET TO THE SOUTHERLY LINE OF A 60.00 FOOT WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN DEED TO SALLY R. WIXTED AND ANDREW PAVELCHEK RECORDED NOVEMBER 25, 1996 AS DOCUMENT NO. 1996 - 0595654 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 88 °51'00" WEST 295.35 FEET; THENCE SOUTH 85 °41'00" WEST 289.45 FEET; THENCE SOUTH 74 °55'00" WEST 637.73 FEET; THENCE SOUTH 51 °15'00" WEST 112.84 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 34 °28'05" EAST 340.39 FEET; THENCE SOUTH 90 °00'00" EAST 160.00 FEET; THENCE SOUTH 0 °00'00" WEST 380.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 °15'00" EAST 823.98 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 18.0 ACRES MORE OR LESS. Si p IAND SU S Sp G F� * Exp. 12 31-02 No.6404 1/711111101 Op c poo) CONSER\ AT ION EASEMENT -PLAT 1681 i . r I / • SCALE 1" = 200' • co ? m S 3 `7,5). %. P RIVATE ROAD AND UTILITY 8 ., N .0 '23 '23"E . 331.95 ' ) EASEMENT REC. 11/25/96 AS n? W „, )0C. NO. 1996 - 0595654 : ,n 1ti. P .0 .B . CD cu -`r Q N A IL 7 -------- i • 1 h 60' �N Co N CO 0 N.0'00'00 "E. 150.00' m w © N .72 '28 '50"E . 75.00' • ° 0 N .31 '23 '53"W . 108.60' 0 S .51 '15 '00"W . 112.84' 18.0 ACRES FE i © S .90 '00 '00"E . 160.00' . N a cJ► o f S.0'00'00 "E. 380.00' 13 .t CD 3 u O IS LAND g -° 13 RAMON J. SPEAR _ No. 6404 0 Exp . 12 -31-02 _ __r :_J / �O F CIA-1'