Conservation Easement Deed 2013-0050551RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
D O C # 2013-0050551
11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
JAN 24, 2013 8:51 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 15
D' APN: 277 - 230- 07 /MDRA09 -011 Space Above Line for Recorder's Use Only
Cori
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this Jj&day of 2013,
by BBA Partners, LLC, a Delaware Limited Liability Company, ( "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 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 Coastal Sage Scrub, which is valuable habitat per the Poway
Subarea Habitat Conservation Plan. 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 Wildlife (CDFW), has
jurisdiction, pursuant to CDFW 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 at
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661 -666c and other applicable
laws.
G. This Conservation Easement (BCE) provides protection for 1.82 acres of land that
contains Coastal Sage Scrub habitat located within the City of Poway's Subarea Habitat Conservation
Plan /NCCP Focused Planning Area.
CITY CLERK
CITY OF POWAY
1 U/
P0 BOX 789
5�
POWAY CA 92074 -0789
Nr
D O C # 2013-0050551
11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
JAN 24, 2013 8:51 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 15
D' APN: 277 - 230- 07 /MDRA09 -011 Space Above Line for Recorder's Use Only
Cori
CONSERVATION EASEMENT DEED
No Documentary Transfer Tax Due
THIS CONSERVATION EASEMENT DEED is made this Jj&day of 2013,
by BBA Partners, LLC, a Delaware Limited Liability Company, ( "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 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 Coastal Sage Scrub, which is valuable habitat per the Poway
Subarea Habitat Conservation Plan. 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 Wildlife (CDFW), has
jurisdiction, pursuant to CDFW 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 at
seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661 -666c and other applicable
laws.
G. This Conservation Easement (BCE) provides protection for 1.82 acres of land that
contains Coastal Sage Scrub habitat located within the City of Poway's Subarea Habitat Conservation
Plan /NCCP Focused Planning Area.
Conservation Easement Deed
Page 2
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 in exchange for Grantee permitting Grantor's removal of 2.82 acres of Coastal Sage
Scrub (CSS) onsite. This onsite BCE over remaining habitat is per the supplemental agreement with the
USFWS to potentially allow up to 3 acres rather than 2 acres of habitat to be removed per lot of the
related 10 -lot subdivision, Tentative Tract Map (TTM) 02 -02 and Final Map No. 15725 (Doc. #2008-
0563614). Furthermore an Open Space Easement (OSE) recorded under a separate instrument will
preserve 0.26 acres of habitat that may be disturbed only for purposes of installing septic fields and
subject to subsequent revegetation of native habitat. The BCE and OSE will preserve 2.08 acres of CSS
onsite. The habitat removal is mitigated consistent with conditions of approval of Minor Development
Review Application 09 -011 and the City of Poway's Subarea Habitat Conservation Plan.
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, et 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 Wildlife 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 CDFW 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,
(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.
Conservation Easement Deed
Page 3
3. 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: clean up 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 Wildlife. 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
Conservation Easement Deed
Page 4
which it existed prior to any such violation or 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 Wildlife (CDFW) 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 CDFW in enforcing the
terms of this Conservation 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.
6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement
by Grantee or CDFW shall be at the discretion of Grantee and CDFW, and any forbearance by Grantee
or CDFW 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 CDFW 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 CDFW 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 Wildlife 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 Wildlife 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.
Conservation Easement Deed
Page 5
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 research and interpretive purposes, shall be reserved to the Grantee and CDFW or to the
respective designees of Grantee and CDFW.
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 CDFW with satisfactory evidence of payment upon request.
9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
CDFW 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 CDFW. 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 CDFW 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 CDFW.
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: BB Partners, LLC, a Delaware Limited Liability Company
P.O. Box 27324
San Diego, CA 92198
Conservation Easement Deed
Page 6
To Grantee: City of Poway
P.O. Box 789
Poway CA 92074
With a copy to: Department of Fish and Wildlife
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 CDFW. 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 CDFW 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
Conservation Easement Deed
Page 7
servitude running in perpetuity with the Property. These covenants hereunder benefiting Grantee shall
also benefit CDFW.
(g) Termination of Rights and Obligations. A parry'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.
(i) Counterparts. 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.
(j) Modification. This Easement is not subject to modification or amendment except
in writing and signed by Grantor, Grantee and CDFW 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 CDFW 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: BBA Partners LLC, a Delaware Limited Liability Company
By:
Sabin
Its:
(Title)
Approved as to Form:
Office of the City Attorney
By: . , '!
Morg96 I. F ley; City A orney
M: 1planningloda\MDRAS�20091MDRA09 -011 Sabin BCE.docx
ACKNOWLEDGMENT
State of California
County of San Diego} ss.
On January 10, 2013 before me, Jennifer Sattley, Notary Public, personally appeared
Gary B. Sabin, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged
to me that he /she /they executed the same in his /her /their authorized capacity(ies), and
that by his /her /their signatures(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 hand and official seal.
JENNIFER SATTLEY
COMM. #1908742 m
Notary PubNaCalifomla y
W SAN DIEGO COUNTY
Ctmn, Ex OCT 17i 41 1
Conservation Easement Deed
Page 8
CERTIFICATE OF ACCEPTANCE
This is to Certify that th 'inter st in re dl ppro�pperty conveyed by the Conservation Easement Deed
by BBA Partners, LLC, dated �t��l� /� ��� dl11� to the City of Poway, Grantee, and to the
California Department of Fish and W— ildlif a 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
By: � � M
KristenIM. Crane, Interim City Clerk
Authorized Representative
Date: 1116 jo
EXHIBIT `A'
LEGAL DESCRIPTION: BIOLOGICAL CONSERVATION EASEMENTS
APN 277 - 230 -07
ALL THOSE PORTIONS OF LOT 7 OF MAP NO. 15725, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER, OCTOBER 28, 2008 AS FILE NO. 2008 - 0563614 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 7, SAID POINT
BEING THE MOST NORTHERLY CORNER OF LOT E OF SAID MAP NO. 15725 THENCE
NORTH 70 013'22" EAST, 121.37 FEET; THENCE NORTH 49 °06'07" EAST, 99.40 FEET;
THENCE NORTH 66 024'45" EAST, 45.89 FEET; THENCE NORTH 86 056'44" EAST, 32.83
FEET; THENCE SOUTH 57 °30'53" EAST, 18.56 FEET TO THE BEGINNING OF A
NONTANGENT 135.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS NORTH 55 039'00" WEST FROM THE CENTER OF SAID
CURVE; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF
27 °48'36 ", A DISTANCE OF 65.53 FEET; THENCE TANGENT TO SAID CURVE SOUTH
06 032'24" WEST, 52.42 FEET TO THE BEGINNING OF A 135.00 FOOT RADIUS
TANGENT CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 40-12'14", A DISTANCE OF 94.73 FEET TO THE
BEGINNING OF A 135.00 FOOT RADIUS NONTANGENT CURVE; THE RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS SOUTH 82015'14" WEST FROM THE CENTER
OF SAID CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 18 038'46 ", A DISTANCE OF 43.93 FEET: THENCE TANGENT TO SAID
CURVE SOUTH 26 023'32" EAST, 21.50 FEET: THENCE SOUTH 65 047'16" WEST, 20.64
FEET; THENCE NORTH 25 °29'31" WEST, 87.34 FEET; THENCE SOUTH 64 °30'29" WEST,
74.26 FEET; THENCE SOUTH 25 °29'31" EAST, 29.84 FEET; THENCE SOUTH 34 °39'37"
WEST, 17.91 FEET; THENCE SOUTH 79 °42'33" WEST, 68.99 FEET, THENCE SOUTH
20 013'56" EAST, 77.51 FEET TO THE BEGINNING OF A NONTANGENT 14.73 FOOT
RADIUS CURVE; THE RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH
20 013'56" WEST FROM THE CENTER OF SAID CURVE; THENCE EASTERLY ALONG
SAID CURVE THROUGH AN ANGLE OF 43017'17", A DISTANCE OF 11.13 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 66 056'39" EAST, 41.16 FEET TO THE
BEGINNING OF A 37.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY;
THENCE EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 8105 1'07", A
DISTANCE OF 52.86 FEET_ THENCE TANGENT TO SAID CURVE NORTH 31 °12' 15"
EAST, 14.98 FEET TO THE BEGINNING OF A 53.00 FOOT RADIUS TANGENT CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 63052'16", A DISTANCE OF 59.08 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 84 055'29" EAST, 49.69 FEET TO THE BEGINNING OF A
NONTANGENT 135.00 FOOT RADIUS CURVE: THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS SOUTH 48 °31'23" WEST FROM THE CENTER OF SAID
CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
74 054'55 ", A DISTANCE OF 176.51 FEET; THENCE TANGENT TO SAID CURVE NORTH
63 036'28" EAST, 18.00 FEET TO THE BEGINNING OF A 135.00 FOOT RADIUS TANGENT
Exhibit `A' Page 1 oF2
CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 38 033'32 ", A DISTANCE OF 90.85 FEET TO THE
BEGINNING OF A NONTANGENT 135.00 FOOT RADIUS CURVE; THE RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS SOUTH 38 °51'40" EAST FROM THE CENTER
OF SAID CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 15 043'56 ", A DISTANCE OF 37.07 FEET TO THE BEGINNING OF A
NONTANGENT 135.00 FOOT RADIUS CURVE; THE RADIAL LINE TO SAID
BEGINNING OF CURVE BEARS SOUTH 36 019'46" EAST FROM THE CENTER OF SAID
CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
38 005'05 ", A DISTANCE OF 89.74 FEET TO A POINT ON THE EAST LINE OF SAID LOT
7, THENCE CLOCKWISE ALONG THE SIDELINES OF SAID LOT 7; THENCE SOUTH
09 °57'41" WEST, 213.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE
SOUTH 89 027'33" WEST, 472.37 FEET TO THE SOUTHEAST CORNER OF LOT 3
DESCRIBED IN THE CITY OF POWAY BOUNDARY ADJUSTMENT CERTIFICATE OF
COMPLIANCE BA NO. 10-01 ACCORDING TO DOCUMENT #2010 - 0368647, RECORDED
7- 22 -10, FILED IN THE OFFICE OF THE COUNTY RECORDER; THENCE LEAVING SAID
SIDELINE OF SAID LOT 7 OF MAP NO. 15725 AND ALONG THE EAST LINE OF SAID
LOT 3 NORTH 26 048'56" WEST, 313.10 FEET TO THE POINT OF BEGINNING.
TOTAL AREA IS 1.80 ACRES, MORE OR LESS.
PARCEL 2
BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 7
THENCE ALONG THE EASTERLY LINE OF SAID LOT 7 SOUTH 23 035'27" EAST, 59.41
FEET TO THE BEGINNING OF A NONTANGENT 135.00 FOOT RADIUS CURVE; THE
RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 40012'53" EAST FROM
THE CENTER OF SAID CURVE; THENCE NORTHERLY ALONG SAID CURVE
THROUGH AN ANGLE OF 14 °52'09 ", A DISTANCE OF 35.03 FEET; THENCE NORTH
26 029'57" WEST, 26.02 FEET TO A POINT OF THE NORTHLY LINE OF SAID LOT 7;
THENCE ALONG SAID NORTHLY LINE NORTH 54 °34'41" EAST, 21.12 FEET TO THE
POINT OF BEGINNING.
TOTAL AREA IS 0.02 ACRES, MORE OR LESS.
NOTE: BOUNDARY BEARINGS AND DISTANCES ARE BASED ON RECORD DATA ON
MAP 15725.
PREPARED BY:
S —/a-
WILLIAM YENIRCE 33730
Exhibit `A' Page 2 of 2
SHEET 1 OF 4
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
o APN 277 - 230 -07
IYIAP JS725
w
( \ LOT 10 THE MOST E'LY
LOT C \ /NE CORNER
COURT
LOT 8
LOT S tG� RIDGE
PARE
SEE SHEET
4
/ PARCEL 1 ///
SEE SHEET 2 APN 277 - 230-07
\ N
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\ W W
= W
LU_ /w w PARCEL 1
OT E \ U SEE SHEET 3
LOT F'
SW 14 NE 1/4 Or
Sr C 20 TS 13S P JW
NOTE: BOUNDARY BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA ON MAP 15725
✓lv �"" —�'l -� w NO 33730
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2
OR
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
APN 277 - 230 -07
=3-W
v C2
LOT 9 -\ -L6 L:
LOT T C / ,L
POB
PCL 1
LOT E
I �
LOT 3 PER �\
DOC 2010- 0368647 -
REC 7 -22 -10
LINE DATA
NO.
LENGTH
DELTA /BEARING
L1
51.69'
N67'48'49 "E
L2
7.50'
N31'35'40 "E
L3
14.00'
N58'24'20 "W
L4
19.86'
N22'11'11 "W
L5
45.89'
N66'24'45 "E
L6
32.83'
N86'56'44 "E
17
18.56'
N57'30'53 "W
L8
52.42'
N06'32'24 "E
L9
21.50'
N26'23'32 "W
1-10
20.64'
N65'47'1 6"E
L1 1
29.84
N25'29'31 "W
L12
17.91'
N34'39'37 "E
113
41.16'
N66'56'39 "W
L14
14.98'
N31'12'15 "E
L15
49.69'
N84'55'29 "W
i
co
6
CURVE DATA
NO.
LENGTH
DELTA /BEARING
RADIUS
Cl
31.55'
11'01'22"
164.00'
C2
90.26'
60'08'06"
86.00'
C3
9.65'
06'25'34"
86.00'
C4
110.82'
75'35'18"
84.00'
C5
65.53'
27'48'36"
135.00'
C6
94.73'
40'12'14"
135.00'
C7
43.93'
18'38'46"
135.00'
C8
11.13'
43"17'17"
14.73'
C9
52.86'
81'51'07"
37.00'
C10
59.08'
6352'16"
53.00'
o�
00 \
OLD
PROPERTY\CINE
PER MAP 15725
N79' 42 33
2 68.99
N°
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< 73 04 �(
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JN89'27'33 "E 27.19'
LOT 7'
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SHEET 3 OF 4
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
APN 277 - 230 -07
Lij
0
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27.52' -<
N74'24'51 "W2
LOT
MAP 1612 �sR• �IQ.
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L16118.00- N63'36'28 "E
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L15 49.69' N84'5
LINE DATA
N0. LENGTH DELTA /BEARING
5'29 "W
CURVE DATA
N0. LENGTH DELTA /BEARING RADIUS
C2 37.07' 15'43'56" 135.00' NO 33730
C3 90.85' 38'33'32" 135.00'
C4 176.51' 74'54'55" 135.00'
c V 1
CURVE DATA
N0. LENGTH DELTA /BEARING RADIUS
C2 37.07' 15'43'56" 135.00' NO 33730
C3 90.85' 38'33'32" 135.00'
C4 176.51' 74'54'55" 135.00'
c V 1
EXHIBIT'B'
BIOLOGICAL CONSERVATION EASEMENT
o APN 277 - 230 -07
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LINE DATA
N0.
I LENGTH
I DELTA /BEARING
L1
18.03'
1 N35'25'19 "W
CURVE DATA
N0.
I LENGTH
DELTA /BEARING
RADIUS
Cl
35.03'
14'52'09"
135.00'
C2
60.00'
1 34'43'25"
99.00'