Conservation Easement Deed 2004-1148111PECC ?DEO AT TV—
CHICAGO TITiE ' c QUEST OF
Recording requested by:
The Environmental Trust
When recorded mail to:
The Environmental Trust
7879 El Cajon Boulevard c
La Mesa, CA 91941 17363
No Transfer Tax Due - APN 321 - 110 -02
DOC (-' 2004-1148111
1111111 1111 lilll l 1111 11111 11111 IIIII IIIII IIIII Illll 11111 11111 1111 ill
DEC 06, 2004 4:15 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ SMITH. COUNTY RECORDER
FEES: 41.00
OC NA
PAGES: 12
CONSERVATION EASEMENT DEED
Including Third -Party Beneficiary
Hill IT Hill Hill 111111HIlI111111
This Conversation Easement Deed, including third party beneficiary, is made by Robert J. Boone and
Stephanie J. Boone, husband and wife, as community property ( "Grantor l for the benefit of The
Environmental Trust, Inc., a California nonprofit corporation ("Grantee"), with reference to the following facts,
terms, covenants, conditions and restrictions:
RECITALS
A. Grantor is the sole owner in fee simple interest of that certain real property ("Property") of
approximately eighteen (18) acres, more or less, within the City of Poway, County of San Diego, State of
California, which is shown on Exhibit "A" and more fully described in Exhibit "B ", attached hereto,
incorporated herein and by this reference made a part of this Conservation Easement Deed;
B. The Property possesses wildlife and habitat values, ( "Conversation Values ") of great
importance to Grantee, the people of the City of Poway, the County of San Diego and the State of California;
C. The Property provides high quality native plant habitat including Diegan Coastal Sage Scrub,
Coastal Sage- Chapparal Scrub, Ecolonal Granitic Chapparal, and Open Coast Live Oak Woodland;
D. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3.
Specifically, Grantee is a governmental entity identified in Civil Code Section 815.3(b) and is authorized to
acquire and hold title to real property;.
E. The Califomia Department of Fish and Game ("CDFG') hasjurisdiction, pursuant to Fish and
Game 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, and CDFG is authorized to
hold conservation easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code
Section 1348, and other provisions of California law;
F. This Conservation Easement is being granted and recorded concurrently with a quitclaim deed
by Grantee to Grantor in order to replace, correct and amend the Covenants of Restriction and Grant of
Conservation Easement recorded on January 23,1998, as DocumentNo.1998-0034113 of Official Records, as
amended by the Amendment of Covenants of Restriction and Correction and Grant ofCooservationEasement
recorded on January 11, 2000 as Document No. 2000 - 0014925 of Official Records;
G. Grantee agees, by accepting this Conservation Easement Deed, to honor the intentions of
Grantor stated herein to preserve and protect in perpetuity the Conservation Values of the Property in
accordance with the terms, covenants, conditions and restrictions of the Conservation Easement
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For good and valuable consideration, the receipt and sufficiency ofwhich is hereby w3mowledged, and
pursuant to California law, including Civil Code Section g 15, er seq., Grantor hereby voluntarily grants and
conveys to Grantee a conservation easement in perpetuity over the Property, as set forth herein.
1. PurtDOSes. The purposes of this Conservation Easement are to ensure the Property will be
retained forever in its natural condition and to prevent any use of the Property that will 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 that are consistent with those purposes, including, without limitation, those
involving the preservation, restoration and enhancement of native species and their habitats.
2. Grantee's Rights. To accomplish the purposes ofthis Conservation Easement, Grantorhereby
giants and conveys the following rights to Grantee and to CDFG, as a third party beneficiary, of this
Conservation Easement:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor compliance with
and otherwise enforce the terms of this Conservation Easement, and for scientific research and interpretive
purposes by Grantee or its designees and CDFG or its designees, provided that neither Grantee, nor CDFG,
shall unreasonably interfere with Grantoes authorized use and quiet enjoyment of the Property;
(c) To prevent any activity on or use ofthe Property that is inconsistent with the purposes
of this Conservation Easement and to require the restoration of such areas or features ofthe 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 to sustain the biological
resources of the Property; and
(e) All present and future development rights, except for underground utilities and water
wells, allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and
extinguished, and may not be used on or transferred to any portion of the Property.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes ofthis
Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses and
activities by Grantor, Grantor's agents, and third parties, are expressly prohibited:
(a) Unseasonal watering; use of fertilizers, pesticides, biocides, herbicides or other
agricultural chemicals; weed abatement activities; incompatible fire protection activities; and any and all other
activities and uses which may adversely affect the purposes of this Conservation Easement;
(b) Use of or activity by off-road vehicles and use of or activity by any other motorized
vehicles except on existing roadways;
(c) Grazing or other agricultural activity of any kind;
(d) Recreational activities including, but not limited to, horseback riding, bldng, hunting
or fishing, except as may be specifically permitted under this Conservation Easement;
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(e) Commercial or industrial ruses; 17365
(f) Any legal or de facto division, subdivision or partitioning of the Properly;
(g) Construction, reconstruction or placement of any building, billboard or sign, or any
other structure or improvement of any kind, except as may be specifically permitted under this Conservation
Easement;
materials;
(h) Depositing or accumulation ofsoil, trash, asbes, refuse, waste, bio-solids orany other
(i) Planting, introduction or dispersal of non - native or exotic plant or animal species;
0) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface
of the Property;
(k) Altering the surface or general topography of the Property, including building of
roads;
(1) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as
required by law for (1) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or
treatment of disease; and
(m) Manipulating, impounding or altering any natural water course, body of water or water
circulation on the Property, and activities or uses detrimental to water quality, including but not limited to
degradation or pollution of any surface or sub- surface waters.
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 perfect the rights of Grantee and CDFG under Section
2 of this Conservation Easement, including but not limited to, Grantee's water rights.
S. 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 not expressly prohibited or limited by,
and are consistent with the purposes o1, this Conservation Easement
6. Grantee's Remedies. CDFG, as a third party beneficiary ofthis Conservation Easement, shall
have the same rights as Grantee under this section to enforce the terms of this Conservation Easement. If
Grantee determines that a violation of the terms of this Conservation Easement has occurred or is threatened,
Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation.
At the time of giving any such notice, Grantee shall give a copy of the notice to CDFG. If Grantor fails to
cure the violation within sixty (60) days after receipt of written notice and demand from Grantee, or ifthe cure
reasonably requires more than sixty (60) days to complete and Grantor fails to begin the cure within the sixty
(60) 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 ofthe terms of this Conservation Easement or for any
injury to the conservation values of the property, to enjoin the violation, ex pane as necessary, by temporary or
permanent injtmction 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
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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 damage to the Conservation Values ofthe Property, Grantee may pursue its remedies under
this Section 6 without prior notice to Grantor or without waiting for the period provided for cure to expire.
Grantee's rights under this section apply equally to actual or threatened violations of the terms of this
Conservation Easement Grantor agrees that Grantee's remedies at law for any violation of the terms of this
Conservation Easement are inadequate and that Grantee shall be entitled to 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, 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. The
failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking
such action at a later time.
If at any time in the future, Grantor or any subsequent transferee uses or threatens to use the
Property for purposes inconsistent with this Conservation Easement then, notwithstanding Civil Code Section
815.7, the California Attorney General or any entity or individual with a justifiable interest in the preservation
of this Conservation Easement has standing as interested parties in any proceeding affecting this Conservation
Easement
6.1, Costs of Enforcement Any costs incurred by Grantee or CDFG, where it is the
prevailing party, in enforcing the terms of this Conservation Easement against Grantor, including, but not
limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Grantor's
negligence or breach of this Conservation Easement shall be bome by Grantor.
6.2. Discretion of fMgIN and CDFG. Enforcement of the terms of this Conservation
Easement by Grantee or CDFG shall be at the discretion of the enforcing party, and any forbearance by
Grantee or CDFG to exercise its rights under this Conservation Easement in the event of any breach of any
term of this Conservation Easement shall not be deemed or construed to be a waiver by Grantee or CDFG of
such term or of any subsequent breach of the same or any other tern of this Conservation Easement or of any
of Grantee's rights or any rights of CDFG, as a third party beneficiary, under this Conservation Easement. No
delay or omission by Grantee or CDFG in the exercise of any right or remedy 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
shall be construed to entitle Grantee or CDFG to bring any action against Grantor for any injury to or change in
the Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire
not caused by Grantor, 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; or (ii) acts by Grantee or its employees or CDFG or its employees.
6.4. DepaMent 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 CDFG.
7. Fence Installation and Maintenance. Grantor shall install and maintain a perimeter fence
reasonably satisfactory to Grantee and CDFG at the interface between the Property and the two-acre parcel
( "Home Site Area") adjacent to the Property as described in Exhibit "B ", in order to protect the Conservation
Values of the Property, including but not limited to wildlife corridors, to preclude disturbance ofthe sensitive
habitats within the Property and to limit access to the Property by humans and domestic animals. The specific
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location and type of the inquired perimeter fence shall be determined by the City of Poway, Department of
Development Services, in consultation with the City of Poway Fire Marshall and CDFG. The fence shall be
installed prior to any issuance by the City of Poway of a clearing and/or grading permit for any proposed
development of the Home Site Area
8. Access. This Conservation Easement does not convey a general right of access to the public.
9. Costs and Liabiliti es. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor
agrees that CDFG shall have no duty or responsibility for the operation, upkeep or maintenance of the
Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third
parties from risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any
applicable governments] permits and approvals for any activity or use permitted by this Conservation Easement
Deed, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and
administrative agency statutes, ordinances, rules, regulations, orders and requirements.
9.1. Taxes: No Liens. Grantor shall pay before delinquency all taxes, assessments, fees,
and charges C'Taxes') of whatever description levied on or assessed against the Property by competent
authority, 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. Grantor shall keep the
Property free and clear from any liens, including those arising out of any obligations incurred by Grantor for
any labor or materials fumished or alleged to have been fumished to or for Grantor at or for use on the
Property.
9.2. Hold Harmless. Grantor shall hold harmless, protect and indemnify Grantee and its
directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives,
successors and assigns of each of them (each a "Grantee Indemnified Party" and, collectively, "Grantee's
Indemnified Parties and CDFG and its directors, officers, employees, agents, contractors, and representatives,
and the heirs, personal representatives, successors and assigns of each of them (each a "CDFG Indemnified
R rat 7 and, collectively, "CDFG's Indemnified Parties' from and against any and all liabilities, penalties,
costs, losses, damages, expenses (including, without limitation, reasonable attorneys fees and experts' fees),
causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Ciaims"),
arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, except that (a) this indemnification shall be inapplicable to Grantee's Indemnified
Parties with respect to any Claim due solely to the negligence of Grantee or any of its employees and (b) this
indemnification shall be inapplicable to CDFG's Indemnified Parties with respect to any Claim due solely to
the negligence ofCDFG or any of its employees; (2) the obligations specified in Sections 4, 9, and 9.1; and (3)
the existence or administration of this Conservation Easement If any action or proceeding is brought against
any of the CDFG Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon
written notice from CDFG, defend such action or proceeding by counsel reasonably acceptable to the CDFG
Indemnified Party or reimburse CDFG for all charges incurred for services of the California Attorney General
in defending the action or proceeding.
9.3. Extinguishment If circumstances arise in the future that render the purposes of this
Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or
extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction.
9.4. Condemnation. The purposes ofthis 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 end 1240.700.
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10. Transfer of Easement This Conservation Easement is transferable by Grantee, but Grantee
may assign this Conservation Easement only to CDFG or, with the prior written approval ofCDFG, to another
entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section
815.3 (or any successor provision then applicable) or the laws ofthe United States. Grantee shall require the
assignee to record the assignment of the Conservation Easement on the Property in the Official Records of San
Diego County, State of California.
11. Transfer of Prooertv. Grantor agrees to incorporate the terms, covenants, conditions end
restrictions ofthis Conservation Easement by reference in any deed or other legal instrument by which Grantor
divests itself of any interest in all or any portion of the Property, including, without limitation, a leasehold
interest. Grantor further agrees to give written notice to Grantee and CDFG of the intent to transfer any
interest at least sixty (60) days prior to the date of such transfer. Grantee or CDFG shall have the right to
prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of
the terms, covenants, conditions and restrictions of this Conservation Easement The failure of Grantor,
Grantee or CDFG to perform any act provided in this section shall not impair the validity of this Conservation
Easement or limit its enforceability in any way.
Notices. Any notice, demand, request, consent, approval, or communication that any party (as
deemed in Section 14(f) below) desires or is required to give to the other parties shall
be in writing and be served personally or sent by recognized overnight courier that
guarantees next -day delivery or by first class United States Postal Service, postage
fully prepaid, addressed as follows:
To Grantor: Mr. and Mrs. Robert J. Boone
15140 Country Hill Road
Poway, California 920642715
With copies to: Regional Manager
California Department of Fish and Game
4949 Viewridge Avenue
San Diego, Califomia 92123
To Grantee: City Manager
City of Poway
P.O. Box 789
Poway, CA 92074 -0789
General Counsel
California Department of Fish and Game
1416 Ninth Street, 12th Floor
Sacramento, California 95814 -2090
or to such other address as Grantor, Grantee or CDFG may designate by written notice to the other parties.
Notice shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight courier
or, in the case of delivery by first class mail, ten (10) days after deposit into the United States Postal Service.
13. Amendment This Conservation Easement may be amended only by a written agreement
between Grantor and Grantee, subject to the prior written approval of CDFG. Any such amendment shall be
consistent with the purposes of this Conservation Easement and California law governing conservation
easements and shall not affect its perpetual duration. Any such amendment of this Conservation Easement on
the Property shall be recorded in the Official Records of San Diego County, State of California
14. General Provisions.
(a) Controilina Law. The interpretation and performance ofthis Conservation Easement
shall be governed by the laws of the State of Califomia, disregarding the conflicts of law principles of such
state.
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(b) Liberal Construction. Despite any general rule ofconstruction to the contrary, this
Conservation Easement shall beerally construed to effect the purposes ofthis 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 ofthis Conservation Easement that would renderthe
provision valid shall be favored over any interpretation that would render it invalid.
(c) Severabililty If a court ofcompetentjurisdiction voids or invalidates on its face any
provision of this Conservation Easement Deed, such action shall not affect the remainder ofthis 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 A areement This instrument sets forth the entire agreement ofthe parties with
respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement 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 terms, covenants, 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 constitute a servitude running in perpetuity
with the Property.
(g) Termination of Rights and Obligations. A party's rights and obligations under this
Conservation Easement terminate 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.
(i) No Hazardous Materials Liability. The term "Hazardous Materials" includes, without
limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-
products and fractions thereof and (c) hazardous materials, hazardous wastes, hazardous or toxic substances,
or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
Section 6901 et seq.; hereinafter "RCRA "); the Hazardous Materials Transportation Act (49 U.S.C. Section
6901 et seq.; hereinafter "HTA"); the Hazardous Waste Control Law (California Health & Safety Code Section
25100 et seq.; hereinafter "HCL "); the Carpenter - Presley- Tanner Hazardous Substance Account Act
(California Health & Safety Code Section 25300 er seq.; hereinafter "HSA "), and in the regulations adopted
and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or
enacted after the date of this Conservation Easement Deed.
The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, HTA, HCL,
HSA, and any other federal, state, local or administrative agency statute, ordinance, rule, regulation, order or
requirement relating to pollution, protection of human health or safety, the environment or Hazardous
Materials. Grantor represents, warrants and covenants to Grantee and CDFG that activities upon and use ofthe
Property by Grantor, its agents, employees, invitees and contractors will comply with all Environmental Laws.
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Grantor represents andwanants that ithas nokoowledge ornoticeofanyHazardousMaterials
(defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed o$
deposited or abandoned in, on, under, or from the Property, or transported to or from or affecting the Property.
Without limiting the obligations of Grantor under Section 92, Grantor hereby releases and agrees to
indemnify, protect and hold harmless the Grantee Indemnified Parties and the CDFG Indemnified Parties (each
as defined in Section 9.2) from and against any and all Claims (as defined in Section 9.2) arising from or
connected with any Hazardous Materials or underground storage tanks present, alleged to be present, or
otherwise associated with the Property at any time, except that (1) this indemnification shall be inapplicable to
the Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by
Grantee, its employees or agents and (11) this indemnification shall be inapplicable to the CDFG Indemnified
Parties with respect to any Hazardous Materials placed, disposed or released by CDFG, its employees or
agents. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any
person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to
comply with, any Environmental Laws (defined below). If any action or proceeding is brought against any of
the CDFG Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written
notice from CDFG, defend such action or proceeding by counsel reasonably acceptable to the CDFG
Indemnified Party or reimburse CDFG for all charges incurred for services of the California Attorney General
in defending the action or proceeding.
Despite any contrary provision ofthis Conservation Easement Deed, the parties do not intend
this Conservation Easement to be, and th is Conservation Easement shall not be, construed such that it creates
in or gives to Grantee or CDFG any of the following.
(1) The obligations or liability of an "owner" or "operator," as those terms are
defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et
seq.; hereinafter, "CERCLA "); or
9607(ax3) or (4); or
Laws; or
(2) The obligations or liabilities of a person described in 42 U.S.C. Section
(3) The obligations of a responsible person under any applicable Envirornnental
(4) The right to investigate and remediate any Hazardous Materials associated
with the Property; or
(5) Any control over Grantor's ability to investigate, remove, remediate or
otherwise clean up any Hazardous Materials associated with the Property.
6) Warranty. Grantor represents and warrants that there are no outstanding mortgages,
liens, encumbrances or other interests in the Property (including, without limitation, mineral interests) which
have not been expressly subordinated to this Conservation Easement Deed, and that the Property is not subject
to any other conservation easement, except as specified in Recital F.
(k) Additional Easements. Grantor shall not grant any additional easements, rights of way
or other interests in the Property (other than a security interest that is subordinate to this Conservation
Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property,
without first obtaining the written consent of Grantee and CDFG. Grantee or CDFG may withhold such
consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this
Conservation Easement or will impair or interfere with the Conservation Values of the Property. This Section
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14(k) shall not prohibit transfer of a fee or leasehold interest in the Property fiat is subject to this Conservation
Easement Deed and complies with Section 11.
(I) Recordin Grantee shall record this Conservation Easement Deed in the Official
Records of San Diego County, State ofCalifomia, and may re -record it at anytime as Giz, deems necessary
to preserve its rights in this Conservation Easement
IN WITNESS HEREOF, Grantor has made this Conservation Easement Deed on the .27 day o
October, 2004 and Grantee has accepted this Conservation Easement Deed on the /61. 0' day of@ae6e
2004, executed by Grantor and Grantee in the City of Poway, County of San Diego, State of California jjdydyAeA
ROBERT J. BOONE and STEPHANIE J. BOONE,
husband and wife, as community property
By:
APobertne
GRANTOR
THE ENVIRONMENTAL TRUST, INC.,
a California nonprofit corporation
r
E
GRANTEE
or SWAWr m4.yrr, 1
Pam a012W4
STATE OF CALIFORNIA,
COUNTY OF Can niegn
i S.S.
17372
TO BE ATTACHED TO CONSERVATION EASEMENT DEED DATED October 27, 2004
On October 27. 2004 before me, _ Van rile T.. Cartpr
a Notary Public in and for said County and State, personally
appeared Robert 7. Boone and Stephanle T Roma
(or proved to me on
the basis of satisfactory ence) to be
the person(s) whose name(s) Age
re subscr bed to
the witbimtipsexecutt and acknowledged to
hell the executed the same in hislh Per
author) capacity(ies), and that by his/her /
signature(s) on the instrument the person(s), or
the entity upeq behalf of which the- rson(s)
acted, cuted he instrument.
WITNESS Y b nd and official ro-
Signature
STATE OF CALIFORNIA,
COUNTY OF Jl}'r� 1�e �Lt } S.S.
FOR NOTARY SEAL OR STAMP
VONCILE L. CARTER
Commias�on o 135G9a5
Notary Public . Caldprnia £
San Dr go County —
MyCarm. F�;res May ta, 2C06
On h/CD J. O 2Dy L-( before me, t-fWP A- S• �OQI A,)
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be
the person( whose name(iq islawsubscribed to
the within instrument and acknowledged to me that
helslmot eq executed the same in his/her} their
authorized capacity(*&), and that by his/herAgerr
signature(* on the instrument the person(a), or
the entity upon behalf of which the person(e)
acted, executed the instrument. /1
WITNESS my h4rldd qpdofficiai
TE too L"a (241)
FOR NOTARY SEAL OR STAMP
This forth is furnished by Chicago Title Company
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S.F. COOK & ASSOCIATES, L-m. 86.56'00-
585�MrAkinOrM.Su..}ll0 in I'ucc137 .(Deed
5"' C"e0' Glbw.. 9315 1996 -0595654 is in error
1
O
Eu,me F CaY E- 11.cank..•.awr..x.n..
Puce 136 [Fa 4Wml Row) and
N89.42YB�
1v
N745
rucc137(NaM R..d)
Co�.WnnBGrB Ewln<ar TeImIwM (85811 }a]B,B
O
40J.30
Eu cr , cmW. 4.101 Acres
(B�8
N
4
°
0
eCk968/d�b.w Fvr(BSB/1719193
hQ
N74.55'�.
N51'15b0E
g
L6 I
�L4J,� 13
Hearing l'riw
YO.
g
/
CITY OF POWAY
pc ❑0C Y19
1
dp
CASEMENT PARCEL 1
J5.52J ACRES
Puce 136 [Fa 4Wml Row) and
N89.42YB�
1v
N745
rucc137(NaM R..d)
L2
O
40J.30
Eu cr , cmW. 4.101 Acres
�
'
E
N7455 Q0
hQ
N74.55'�.
N51'15b0E
=I
L6 I
�L4J,� 13
1
dp
5.00 1
BRG 7A
N89.42YB�
LOT 4
SEC 4 7145 RIW 'i 1
N745
f50.46
L2
V
40J.30
LS
400.00•
/
12..4:00
112.84: SEC
N7455 Q0
646.84
x
m.
N51'15b0E
19
L6 I
NJJ43'g0'E
35750'
YO.
N25'10D0
J64.52
w
rn N90'00 OOY
8.51'
$• �' 1160.00'
N8B'S1 00 E
Jo. CRY OF POWAY
^
A, E45EMENT PARCEL J
dug 7.087 ACRES
g
a
63711'
r 2h
Lai' :1
4 7145 R11Y
60'
N85'4COO E
26r_
—L3
--2.
M85.41001
227
CRY OF POWAY
E$MT PARCEL 4A
1.772 ACRES
10
1328.89'
623.89' _ — —
�L1I
y
CRY OF POWAY
,J EASEMENT PARCEL 2
6.630 ACRES
ENWRONMENrAL 047, 3 �
2
TRUST JNC
ESMT PARCEL IA
h
17.156 ACRES A
_ 676.82 _ 123.36' _ _ 699.08' _
NB9'16'SS�V 1329.84' N89'I4 J2iV
I
S
COURSE
DATA TABLE
NOL
BRG 7A
RADIUS LENGTH
L!
I N79'16'00'W
f50.46
L2
888'5100
40J.30
LS
8@54100 E
29111
4
N7455 Q0
646.84
L5
N51'15b0E
19
L6 I
NJJ43'g0'E
35750'
L7 I
N25'10D0
J64.52
Iy
V9
1Lo
1 Q)
0 Q
r)
COURSE DATA TABLE
Na
NO. BRC M
RALMUS
LENGTH
LB 70419
L15
1 24726
L9 N46'29 00
—
159.25
L10 846'3550
—
28.75
L 11 I N46'J5 00 1
888'5100
M5
60.11
L7 M4829'OO'w
L1B
169.99'
L1J 807174' 99W
5.00
230.96'
L74 879'(600
14759
COURSE DArA TABLE
Na
-7457
nwlDam
I RADIUS
LENGTH
L15
879.1600 V
I —
153.53
L16
N@8'5100
—
8,77
117
888'5100
M5
1.2-3
L1B
11 E
5.00
19
N0704'19'1V
5.04'
;74
L20
N46'29'00'W
8.51'
L1 f
N8B'S1 00 E
.35
N88'51'00
_" 4
489'14J2W 410.36'
823.46.
REMANVOEN
PARCEL
6.000 ACRES
1328.11'.
O
ql
l
SCALE" 1-200'
7F POWAY
PARME 40
ACMES
COURSE DATA TABLE
Na
1 BRG TA
RADIUS 01
c1
93' 04 00
70.00 113.70'
C2
93'0400-
I MOM 162.4.y-
C3
91'5527
IJ0.00 57
17374
CONSERVATION EASEMENT EXHIBIT "B"
REVISED LEGAL DESCRIPTION
(ENVIROMENTAL TRUST INC.)
(18.013 ACRES)
All that portion of Lot 3 and Lot 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 United States
Government Survey approved January 13, 1883 and Record of Survey No.8971 recorded April 1,
1982 in the office of San Diego County Recorder in said County, last said Record of Survey showing
the corner monuments of said Lot 3 and Lot 4, described as follows:
PARCEL I A (17.156 ACRES)
Beginning at a POINT on the south line of said Lot 3 distance thereon of North 89 014'32" West
505.66 feet from the south east corner of said Lot 3; thence leaving said southerly line North
00 °45'28" East a distance of 442.60 feet; thence North 47 024'35" West a distance of 13.32 feet;
thence North 00 °45'28" East a distance of 227.71 feet; thence North 72 °28'50" East a distance of
6.68 feet; thence South 81 °11'45" East a distance of 210.34 feet; thence North 53 °10'00" East a
distance of 28.04 feet; thence North 45 °05'37" West a distance of 139.35 feet; thence North
61 °25'09" West a distance of 136.63 feet; thence North 01 °09'00" West a distance of 100.00 feet to
the southerly line of the 60 foot wide road and utility easement described in Parcel 37 of the Grant
Deed to Sally R. Wixted and Andrew Pavelcheck recorded November 25, 1996 as Document 1996-
0595654 of Official Recorder in the office of said San Diego Recorder; thence westerly along said
southerly line South 88 °51'00" West a distance of 74.35 feet; thence continuing along the last said
southerly line South 85 °41'00" West a distance of 289.45 feet; thence South 74 °55'00" West a
distance of 637.73 feet; thence South 51 °l5'00" West a distance of 112.84 feet; thence leaving the
last said southerly line South 34 128'05" East a distance of 340.39 feet; thence North 90 °00'00" East
a distance of 160.00 feet; thence South 00 °00'00" West a distance of 379.87 feet to the southerly line
of said Lot 3; thence along last said southerly line South 89'14'32" East a distance of 699.08 feet to
the POINT of beginning.
PARCEL 1B (0.857ACRES)
Beginning at the most south east comer of said Lot 3; thence northerly along the easterly line thereof
North 00 °55'35" West a distance of 914.34 feet to the southerly line of the 60 foot wide road and
utility easement described in Parcel 37 of the Grant Deed to Sally R. Wixted and Andrew Pavelcheck
recorded November 25, 1996 as Document 1996- 0595654 of Official Records in the office of said
San Diego County Recorder; thence along last said southerly line North 79 °16'00" West a distance
of 153.53 feet; thence South 88 051'00" West a distance of 68.77 feet to the TRUE POINT OF
BEGINNING; thence leaving last said southerly line South 31 °23'53" East a distance of 194.78 feet;
thence South 53'10'00" West a distance of 120.62 feet; thence North 45 °05'3T' West a distance of
246.96 feet; thence North 01 109'00" West a distance of 60.80 feet to the southerly line of the said 60
foot wide road and utility easement; thence along last said southerly line North 88 °51'00" East a
distance of 171.23 feet to the TRUE POINT OF BEGINNING.
E, CO
No. 9847