Covenants of Restriction and Grant of Conservation Easement 11/04/1999 15:27 4618313 ENVIROMENTAL TRUST PAGE 02
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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,
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• 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.
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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:
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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.
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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
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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; ; .
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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. •
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410
y � £ 241-y8
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Of CAI`
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11/04/1999 15:27 4618313 ENVIROMENTAL TRUST PAGE 06
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EXIT "
ima
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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.
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