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Covenants of Restriction and Grant of Conservation Easement 11/04/1999 15:27 4618313 ENVIROMENTAL TRUST PAGE 02 • . . LL41 19E1-'0034113 REC011nele RS:ORM:0 WI O jein 23 SI 15!98 ,10= 17 AM When Recorded, Please Mail this Instrument to: 151 (11 Ml Da1JECsLFfleE %pti 'THE ENVMONME2iTAL TRUST GREW 3. 3. OM COINTY.WORDER 7$79j Non Boulevard 0 c FEB: MOO Ls Mesa, CA91941 321— I I 0 —0 WAYS: • 111. 11 1111111 _SPACE ABOVE FOR RECORDER'S USE ONLY ...t'•■^? i7 TAX S.senimum•A COVENANTS OF RESTRICTIuri AND • ARY TRANS FIT GRANT OF CONSERVATION EASEMENT WHEREAS: The Kimball Family Trust ("Grantor), warrant that they are the owners of the real property in the City of Poway, County of Poway, State of California, as deserihed.in'Exhibit "A" attached hereto and commonly known as the Poway Westview Habitat Preserve; whiCh:is or may be subject to real estate taxes, assessments, conditions, restrictions and easements all astheaame may be ofrecord and, 0, • • WHEREAS: It is the desire of the Grantors and The Environmental Trust, Inc., a California Nonprofit Corporation (Grantee), 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. • WHEREAS: Grantee is a nonprofit public benefit corporation and was organized exclusively for charitable, educational, scientific, ecological, historical, recreational; and scenic purposes within the mearing of Section 501(cX3) 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 tithe natural resources under its charge by the use of trusts, conservation easements, or other means to ensure these resources are preserved for future ienerations. WHEREAS: It is the intent of The Environmental Trust to hereby Covenant and Restrict for themselves and their successors and assigns the use tithe property described in Exhibitlr 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 for the purposes and 'Malt 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 puipose and intent set forth herein may be specific* 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; and F. That this Covenant shall run with the land. • 11/04/1999 15:27 4618313 ENVIROMENTAL TRUST PAGE 03 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 for educational, sciiintific, ecological, historical, recreation and scenic values. This easement is eve to The Envied 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 ill 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 and Wildlife Service any of which shall agree to *sauna all such rights and obits. If no such entities are available, the City of Poway may assume the manaigeaettt obligations under this Grant of Easement. C. Together with the above rights to manage the easement, Grantor grants to The Environmental Trust and abandons for itself any development rights that could, under current or figure building and planning codes or ordinances, be used fbr density calculations, density transfers or in any other Wanner benefit for development purposes. 2. The grant of this easement and its acceptand►a by The Environntental Trust shall not authorize the public nor any mender thereof to use or enter upon all or any portion of the subject property except for limed 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 age to grant this Grant of Conservation Easement, The EnVironnenttal Trost agrees by accepting this Easement that the access to the subject property is hereby expressly granted to the employees of The Environmental Trust to thrice, maintain, monitor and otherwise manage the resources of the Emmert 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. 4. This Easement shall preclude native vegetation removal or Xdditions with the exception of specific manmement requirements, or conditions specified in section' 1 and 2 above, and that brush clearing for fire protection purees shall be at the discretion of The Environmental Trust as pressed by law. 11/04/1999 15:27 4610313 ENVIROMENTAL TRUST PAGE 04 Covenanted and deeded this . day of cidkeetteir 1998. KIMBALL, FAMILY TRUST 4/ 1 , (A/7‘ , 149 4 Bar: Its: 1110411999 15:27 4618313 ENVIROMENTAL TRUST PAGE 05 • EXHIBIT "A" ALL THAT PORTION OF THE NORTHEAST QUARTER AN T I l E I9ORfl4WEST QUARTER, BOTH OF THE NORTHWEST QUARTER OF SECTION 4, � 4 SWV*t, RANGE 1 WEST SAN BERNARDINO MERIDIAN, ACCORDING TO THE iO FIC',AL PLAT THEE , DESCRIBED AS FOLLOWS; ; . • EGINNING AT A POINT ON THE SOUTH, UNE OF SAD NORTHEAST WARIER IER OP THE NORTHWEST QUARTER DISTANT THEREON NORTH 89x'1$'00" WEST 500.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE LEAVING LAID SOUTH UNE, NORTH 0°2443' EAST 440.01 FEET; THENCE NORTH 47•24'38" WEST B09.32 FEET; THENCE NORTH 0°00170" EAST 160,00 FEET; THENCE NORTH 72'0" EAST MOO FEET: THENCE SOUTH 8191'45 sal* 210.34 FEET; THENCE SOOT11 x'60 EAST 221.81 FEET; THENCE NORTH 8910" EAST 180,51 FEET: THENCE 1IORTH 31'23•63" WEST 382.01 FEET TO THE SOUTHERLY UNE OF A130.00 FOOT WIPE ;EASEMENT FOR ROAD AND UTtuTY PURPOSES DESCRIBED. IN DEED TO SALLY R. wixTeo AND ANDREW PAVELCHEK RECORDED NOVEMBER 26, 1996 AS DOCUMENT NO. 1998.0$9 84 OF OFFICIAL RECORDS ;. THENCE ALONG SAID SOUTHERLY uNE, SOUTH Wm:Iv WEST 2964.13 FEET; THENCE SOUTH 68'41'0G" WEST 205.46•FEET; ;THEME SOUTH 74 WSW 837.73 FEET; THENCE SOUTH 61•10'00" WEST 112.8+1 FEET; THENCE LEAVING SAID. SOUTHERLY LINE, SOUTH 34'285` EAST 340.39 FEET; TI THENCE ENC2E SOUTH 90°00'00" EAST 150.00 FEET; THENCE SOUTH 0"40'00" WEST 380.00 FEET TO THE SOUTH UNE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUART; : THENCE ALONG SAID SOUTH LINE. SOUTH 80•18 EAST 703.08 FEET TO THE POINT OF BEGINNING. 8AiD LAND CONTAINS18.0 ACRES MORE OR LESS. • • • 410 y � £ 241-y8 , 1J * / • Of CAI` • 11/04/1999 15:27 4618313 ENVIROMENTAL TRUST PAGE 06 • EXIT " ima • ALL THAT PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER. 80TH OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 54 SOUTH, RANGE I WEST. SAN BERNARDINO MERIDIAN, ACCORDING TO THE COAL PLAT THEREOF., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH. LINE OF SAID NORTHEAET QUARTER OF THE NORTHWEST QUARTER DISTANT THEREON NORTH 89°15'001 WEST 600.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE LEAVING SAID SOUTH LINE, NORTH 0°24'43" EAST 440.01 FEET; THENCE NORTH 4724'36" WEST 209.32 FEET; THRICE NORTH 0°00 EAST 150.00 FEET: THENCE NORTH 12118'150° EAET 76,00 FEET: THENCE SOUTH 81.3m9" EAST 210.34 FEET; THENCE SOUTH 30°8000' EAST 221.$1 FEET; THENCE NORTH $9 EAST 180.51 FEET: THENCE NORTH 31°2313" WEST 382.01 FEET TO THE SOUTHERLY LINE OF A 60.00 FOOT WIDE ;EASEEENT FOR ROAD AND UTILITY PURPOSES DESCRIBED IN DEED TO SALLY R. IXTED AND ANDREW PAVELCHEK RECORDED NOVEMBER 25, 1998 AS DOCUMENT NO. 19954595554 OF OFFICIAL RECORDS; T ENCE ALONG SAID SOUTHERLY LANE, SOUTH 88°51'00` WEST 296.36 FEET; THENCE SOUTH 85 °41'00" WEST 20945. FEET; THENCE SOUTH 74 WEST 637:73 FEET; THENCE SOUTH 81•16'010" WEST 112.04 FEET; THENCE LEAVING SAID SOUTHERLY LINE. SOUTH 34.°2WOr EAST 340.39 FEET: 'TI-IENCE SOUTH 90°00'0d' EAST 160.00 FEET; THENCE SOUTH 00000' WEST 390.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; ; THENCE ALONG SAID SOUTH UNE, SOUTH 86.15'00" EAST 703.98 FEET TO THE POINT OF BEGINNING. sAlQ LAND CONTAINS 18.0 ACRES MORE OR LESS. LAND It. • • • ., * �°I •