Conservation Easement Deed 2012-0468555D O C ## 201 2 - 0458555
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RECORDING REQUESTED BY:
CITY OF POWAY AUG 08, 2012 3:06 PM
OFFICIAL RECORDS ILE� 'yn
WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER'S OFF 4 / O 1
_ Ernest J. Dronenburg,Jr.. COUNTY RECORDER
FEES: 0.00
CITY CLERK j OC: NA
CITY OF POWAY N PAGES: 14
P O BOX 789
POWAY CA 92074 -0789 QG IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIII Hill Hill Hill hill Hill Hill Hill 11IIIN
APN: 321 - 110- 51/GPA10- 003 /ZC10 -001 Space Above Line for Recorder's Use Only
This Conservation Easement Deed is being granted and recorded to replace, correct and
amend the Conservation Easement Deed recorded on December 06, 2004, as Document
No. 2004 - 1148111 and the Conservation Easement Deed recorded on December 06, 2004, as
Document No. 2004 - 1148112 on file in the Office of the County Recorder of San Diego
County.
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this A0% day of 2012, by
Martin Douglas Wilson and Carol May Wilson, Trustees of the Wilson Family 1972 Trust, Oated October 23,
1972, ( "Grantor "), in favor of City of Poway ( "Grantee "), acting by and through its Development Services
Department, with reference to the following facts.
RECITALS
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 and shown 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 high quality Diegan Coastal Sage Scrub, Coastal Sage - Chaparral
Scrub, Ecotonal Granitic Chaparral, and Open Coast Live Oak Woodland, which is a 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.
Conservation Easement Deed
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G. This Conservation Easement provides protection for 70.47 acres of land that contains
Diegan Coastal Sage Scrub, Coastal Sage - Chaparral Scrub, Ecotonal Granitic Chaparral, and Open Coast
Live Oak Woodland located within the City of Poway's Subarea Habitat Conservation Plan /NCCP Focused
Planning Area.
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
contained herein. This Conservation Easement replaces Conservation Easement Deed recorded on
December 06, 2004, as Document No. 2004 - 1148111 and Conservation Easement Deed recorded on
December 06, 2004 Document No. 2004 - 1148112, which have been quitclaimed by a separate instrument.
This BCE also executes an exchange in Biological Conservation Easements (BCE) approved by the City of
Poway and the USFWS. The exchange of the BCE is in order to provide a feasible, alternative driveway
access to the developable portion of APN 321 - 110 -51. The exchange, involving 0.35 acres of Diegan
Coastal Sage Scrub and Southern Mixed Chaparral Habitat, did not result in any direct habitat impact. The
exchange resulted in the preservation of an additional 0.12 acres of Coastal Sage Scrub, which is of a higher
habitat value than Southern Mixed Chaparral. The BCE exchange is associated with General Plan
Amendment 10 -03 and Zone Change 10 -01 pursuant to Resolution P -10 -26 and Ordinance 708; adopted by
the Poway City Council on July 10, 2010, and August 3, 2010, respectively. The future development of a
home on APN 278 - 200 -52 will be subject to the City of Poway's approval a Minor Development Review
Application which will include a project specific analysis of habitat impact and required habitat impact
mitigation in accordance with the City of Poway's HCP.
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, at 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;
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Conservation Easement Deed
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(d) All mineral, air and water rights necessary to protect and sustain the biological
resources of the Property; and
(e) To enforce by means including, injunctive relief, the terms and conditions of the
Easement.
1 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;
(h) Planting of trees or other vegetation except by written permission from the City of
Poway.
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:
cleanup 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
not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or
i
Conservation Easement Deed
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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, et 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 Consery ation 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.
62 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.
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 ` , o
Conservation Easement Deed
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14765
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:
To Grantor: WILSON FAMILY 1972 TRUST 10 -23 -72
P O BOX 312
RANCHO SANTA FE, CA 92067 -- v _3 U,
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
k w
Conservation Easement Deed
Page 6 14766
With a copy to: Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
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) Severability. 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.
(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. wwk_)�)
Conservation Easement Deed
Page 7
14767
(i) Counterpart s. 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:
Martin Douglas Wilson and Carol May Wilson, Trustees of the Wilson Family 1972 Trust, dated October 23,
1972
By: l ` 1 L '
Martin Douglas Wiftn
Byl�� 1i7 /d C/ �1 L�ri�L�ti
C0191 17 VVIlbU7
Approved as to Form:
Office of the City Attorney
By: 6, rG
Morg Fol y, Att ney
MAplannin&dalMeyer GPA 10 -03 and ZC 10 -01 BCE.dou
Date
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of J5� a
On '7 t::D10 / z_ before me,
Date
appeared
AM KA
Gwn "! ! 1!07905
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Place Notary Seal Above
14768
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) igpre subscribed to the
within instrument and acknowledged to me that
I eFie/they executed the same in- LaWW/their authorized
capacity(ies), and that by 4lijililliilar/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 ha r} and fficial seal.
Signature
Signature of No[ary, Wic
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 Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
C Corporate Officer — Title(s):
❑ Partner — -] Limited I�- General
-7 Attorney in Fact
❑ um b h
Trustee
Top of there
❑ Guardian or Conservator
C Other:
Signer Is Representing:
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — C; Limited ❑ General
L Attorney in Fact
J Trustee
7 Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02W7 Nehonal Notary ASSOaation•9350 De Solo AVe.,P.O Box 2402•Chataycah. CA 91313- 2402,w NatmralNotmcrg Item 45907 Reorder: CallToll -Reel- 800 -8] &682]
Conservation Easement Deed
14769 Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conveyed by the Conservation Easement Deed by
1972, dated Jt ie y -0) 2D! 2 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 on behalf of the City of Poway, pursuant
to authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981.
GRANTEE: City of Poway
r
l T e: Linda A. Trovan MMC City Clerk
Authorized Representative
Date: /3/��
14770
EXHIBIT `A'
BIOLOGICAL CONSERVATION EASEMENT
(70.47 ACRES)
ALL THAT PORTIONS OF LOT 3 AND LOT 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
THE UNITED STATES GOVERNMENT SURVEY APPROVED JANUARY 13, 1883
AND RECORD OF SURVEY NO. 8971 RECORDED APRIL 1, 1982 IN THE OFFICE
OF THE 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 1: (35.51 ACRES)
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH
00 05737" WEST A DISTANCE OF 660.61 FEET (660.57 FEET PER ROS 8971)
ALONG THE WESTERLY LINE OF SAID LOT 4; THENCE LEAVING SAID
WESTERLY LINE AND PARALLEL TO THE NORTH LINE OF SAID LOT 4
SOUTH 89 044'11" EAST A DISTANCE OF 400.15 FEET (400.14 FEET PER ROS
8971); THENCE NORTH 13 °06'22" EAST A DISTANCE OF 820.44 FEET TO A
POINT ON THE NORTH LINE OF SAID LOT 4, SAID POINT BEING 600.14 FEET
FROM THE NORTHWEST CORNER OF SAID LOT 4; THENCE PROCEEDING
EASTERLY ALONG THE NORTH LINE OF SAID LOT 4 SOUTH 89 042'28" EAST A
DISTANCE OF 729.80 FEET TO THE NORTHWEST CORNER OF LOT 4 COMMON
TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE EASTERLY ALONG
THE NORTHERLY LINE OF SAID LOT 3 SOUTH 89 041'40" EAST A DISTANCE
OF 618.23 FEET TO THE WESTERLY LINE OF THE 60 FOOT WIDE ROAD AND
UTILITY EASEMENT DESCRIBED IN PARCEL 37 OF GRANT DEED TO SALLY
R. WIXTED AND ANDREW PAVELCHEK RECORDED NOVEMBER 25, 1996 AS
DOCUMENT 1996 - 0595654 OF OFFICIAL RECORDS IN THE OFFICE OF SAID
SAN DIEGO COUNTY RECORDER, SAID POINT BEING ON A CURVE WITH A
RADIUS OF 130.00 FEET, CONCAVE EASTERLY, TO WHICH A RADIAL LINE
BEARS NORTH 44 033'26" WEST, THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 208.57 FEET WITH A CENTRAL ANGLE OF
91 055'34" TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH
46 029'00" EAST A DISTANCE OF 148.51 FEET; THENCE SOUTH 07 004'19" EAST
A DISTANCE 205.04 FEET TO A POINT ON THE NORTHERLY LINE OF THE 60
FOOT WIDE ROAD AND UTILITY EASEMENT DESCRIBED IN PARCEL 36 IN
SAID DOCUMENT 1996- 0595654; THENCE SOUTHWESTERLY ALONG THE
NORTH BOUNDARY OF SAID 60 FOOT WIDE ROAD AND UTILITY EASEMENT
AS FOLLOWS:
Page I of 3 V-10
SOUTH 85 041'00" WEST A DISTANCE OF 264.46 FEET; 14771
THENCE SOUTH 74 055'00" WEST A DISTANCE OF 655.95 FEET;
THENCE SOUTH 51 015'00" WEST A DISTANCE OF 204.66 FEET;
THENCE SOUTH 33 043'00" WEST A DISTANCE OF 364.37 FEET;
THENCE SOUTH 25 010'00" WEST A DISTANCE OF 380.40 FEET;
TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE WESTERLY
ALONG LAST SAID SOUTHERLY LINE NORTH 89 016'55" WEST A DISTANCE
OF 637.11 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (6.63 ACRES)
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3, THENCE
SOUTHERLY ALONG THE EASTERLY LINE THEREOF SOUTH 00 055'35" EAST
A DISTANCE OF DISTANCE 505.76 FEET TO A POINT OF THE NORTHERLY
LINE OF THE 60 FOOT WIDE ROAD AND UTILITY EASEMENT DESCRIBED IN
PARCEL 36 OF THE BEFORE REFERENCED DOCUMENT 1996 - 0595654 OF
OFFICIAL RECORDS; THENCE WESTERLY ALONG LAST SAID NORTHERLY
EASEMENT LINE NORTH 79 016'00" WEST A DISTANCE OF 147.39 FEET;
THENCE SOUTH 88 051'00" WEST A DISTANCE OF 379.37 FEET TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE 60 FOOT WIDE ROAD
AND UTILITY EASEMENT DESCRIBED IN PARCEL 37 OF THE BEFORE SAID
DOCUMENT 1996 - 0595654; THENCE NORTHERLY ALONG LAST SAID
EASTERLY EASEMENT LINE NORTH 07 004'19" WEST A DISTANCE OF 230.96
FEET; THENCE NORTH 46 °29'00" WEST A DISTANCE OF 169.99 FEET TO A
POINT ON A TANGENT CURVE WITH A RADIUS OF 70.00 FEET, CONCAVE
EASTERLY, A RADIAL LINE TO LAST SAID POINT BEARS SOUTH 43 °31'00"
WEST, THENCE NORTHERLY ALONG SAID CURVE A DISTANCE OF 113.70
FEET WITH A CENTRAL ANGLE OF 93 004'00" THENCE TANGENT TO LAST
SAID CURVE NORTH 46 035'00" EAST A DISTANCE OF 60.12 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID LOT 3; THENCE PROCEEDING EASTERLY
ALONG SAID NORTHERLY LINE SOUTH 89 041'40" EAST A DISTANCE OF
623.89 TO SAID NORTHEAST CORNER OF LOT 3 BEING THE POINT OF
BEGINNING.
PARCEL 3 (26.39 ACRES)
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4 COMMON WITH
THE SOUTHWEST CORNER OF SAID LOT 3, THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 4 NORTH 89 016'55" WEST A DISTANCE OF
626.82 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE 60 FOOT
WIDE ROAD AND UTILITY EASEMENT DESCRIBED IN PARCEL 36 OF BEFORE
SAID DOCUMENT 1996 - 0595654 OF OFFICIAL RECORDS; THENCE NORTH
EASTERLY ALONG SAID SOUTHEASTERLY LINE NORTH 25 010'00" EAST A
Page 2of 3 " Y W
1477?
DISTANCE OF 348.64 FEET; THENCE NORTH 33 °43'00" EAST A DISTANCE OF
350.63 FEET; THENCE NORTH 51 °15'00" EAST A DISTANCE OF 182.84 FEET;
THENCE NORTH 74 055'00" EAST A DISTANCE OF 637.73 FEET; THENCE
NORTH 85 041'00" EAST A DISTANCE OF 289.45 FEET; THENCE NORTH
85 051'00" EAST A DISTANCE OF 74.35 FEET; THENCE LEAVING SAID
EASEMENT LINE SOUTH 01009'00" EAST A DISTANCE OF 100.00 FEET;
THENCE SOUTH 61 025'09" EAST A DISTANCE OF 136.63 FEET; THENCE SOUTH
45 005'37" EAST A DISTANCE OF 340.00 FEET; THENCE SOUTH 23 °45'00" EAST
A DISTANCE OF 95.16 FEET; THENCE NORTH 89 °14'32" WEST A DISTANCE OF
373.92 FEET; THENCE SOUTH 00 °45'28" WEST A DISTANCE OF 442.60 FEET TO
A POINT ON THE SOUTH LINE OF SAID LOT 3; THENCE WESTERLY ALONG
LAST SAID LINE NORTH 89 014'32" WEST A DISTANCE OF 858.89 FEET TO THE
SAID SOUTHEAST CORNER OF SAID LOT 3 BEING THE POINT OF
BEGINNING.
PARCEL 4 (1.93 ACRES)
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
ALONG THE EAST LINE OF SAID LOT 3 THEREOF NORTH 00 055'35" WEST A
DISTANCE OF 914.34 FEET TO THE TO A POINT ON THE SOUTHERLY LINE OF
THE 60 FOOT WIDE ROAD AND UTILITY EASEMENT DESCRIBED IN PARCEL
36 OF BEFORE SAID DOCUMENT 1996 - 0595654 OF OFFICIAL RECORDS;
THENCE NORTH WESTERLY ALONG SAID SOUTH LINE NORTH 79 016'00"
WEST A DISTANCE OF 38.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 79 016'00" WEST A DISTANCE OF 114.73 FEET;
THENCE SOUTH 88 051'00" WEST A DISTANCE OF 240.00 FEET; THENCE
LEAVING LAST SAID SOUTHERLY LINE SOUTH 01009'00" EAST A DISTANCE
OF 60.80 FEET; THENCE SOUTH 45 °05'37" EAST A DISTANCE OF 505.37 FEET;
THENCE NORTH 00 055'35" WEST A DISTANCE OF 401.06 FEET TO THE TRUE
POINT OF BEGINNING.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD
DATA ON R.O.S. MAP 8971.
PREPARED BY:
WILLIAM YUN, RCE 33730
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