Biological Conservation Easement Deed 2013-0078504 [�0� # 2�1 �-������� '
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RECORDING REQUESTED BY:
FEB �5, 2�13 1�:35 AM
CITY OF POWAY .�/' OFFICIAL RECORDS �
I,��.r, SAN DIEGO COUNTY RECORDER'S OFFICE ��
WHEN RECORDED MAIL TO: � Emest J Gmnen6urg,Jr.,COUNTY RECORDER
FEES- O OD
�j.RrY?y`L OC: NA '�,
CITY CLERK ���� PAGES: l�
CITY OF POWAY i �
POWAYXCA 92074-0789 �� III'IIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIII�II
APN: 314-840-18 Space Above Line for Recorder's Use Onty
PROJECT NUMBER: MDRA11-025 �'��
BIOLOGICAL CONSERVATION EASEMENT DEED �
No Documentary Transfer Tax Due �
THIS BIOLOGICAL CONSERVATION EASEMENT DEED (BCE) is made this �y� day of
2013, by the Alan D. and Debbie L. Goid Family Trust, "Grantor", in favor of Ciry of
Poway ("Grante "), acting by and through its Development Services Department, with reference to the '
following facts. �
RECITALS I
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 I
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. I
G The Property provides high quality Coastal Sage Scrub and Mixed Chaparral. Coastal Sage ',
Scrub is the habitat of the California Gnatcatcher, which is listed as a threatened species on the Federal
Endangered Species list. Conservation of this property therefore will preserve habitat of a protected species. '
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 Califomia Civil Code Section 815.3(b).
E. The State of Califomia, by and through its Department of Fish and Wildlife (CDFW), has I
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 Service (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 lawa '
G. This Conservation Easement provides protection for 0.69 acres of Chamise Chaparral
habitat 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 in exchange for Grantee permitting Grantor's removal of 1.76 acres of Chamise ChaparraL
��'� '
�Biological Conservation Easement Deed I
Page 2 ',
Approximatety 0.2 acre of habitat was previously disturbed as a result of approved driveway and other ,
infrastructure improvements associated with Lot 8 of the Williams Ranch subdivision (TTM 89-09). The I
approximate total 1.98 acres of habitat disturbance is consistent with the maximum 2-acre habitat
disturbance allowance for each of the 10 residential lots established by the Master Mitigation Agreement for
the Williams Ranch project recorded on the property at the San Diego County Recorder's Office on August ',
26, 2003, Doc #2003-1037017. An Open Space Easement will be recorded under a separate deed over ',
0.31 acres of Chamise Chaparral on Lot 8. The Open Space Easement will allow the habitat to be disturbed ,
for the purpose of the installation and maintenance of a septic field only, but will require that the area be I
revegetated with Chamise Chaparral in accordance with the Master Mitigation Agreement. This BCE will
preserve the remaining onsite habitat as required by the Master Mitigation Agreement. Per the Master �
Mitigation Agreement, no additional offsite mitigation will be required because the developer preserved other I
habitat areas in open space easements at the time of the creation of the Williams Ranch subdivision.
I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and I
to preserve and to protect in perpetuity the conservation values of the property in accordance with the terms i
of this Conservation Easement for the benefit of this generation and the generations to come. �i
I
COVENANTS TERMS CONDITIONS AND RESTRICTIONS i
In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions I
contained herein, and pursuant to Califomia law, including Civil Code Section 815, et seq., Grantor hereby
voluntarily deeds and corneys to Grantee a conservation easement in perpetuity over the Property of the I
nature and character and to the extent hereinafter set forth ("Easement°).
1. Pur ose. The purpose of this Conservation Easement is to ensure the Property will be I
preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair
or intertere 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. Riqhts of Grantee. To accomplish the purposes of this Conservation Easement, Grantor ,
hereby grants and conveys the following rights to Grantee and the State of Califomia 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 I
accordance with this easement;
(b) To enter upon the property at reasonable times in order to monitor Grantor's II
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.
Biological Conservation Easement Deed I
Page 3 '
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat
conservation purposes of this BCE 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 ,
PIan/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; I
(b) Use of off-road vehicles; except vehicles used for property maintenance required by I
the City of Poway, and then onty over existing roads; 'I
(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; I
(f) Otherwise altering the generel 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 I
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. I
5. Reserved Riphts. Grantor reserves to itself, and to its personal representatives, heirs, I
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 I
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 I
receipt of said written notice and demand from Grantee, or if the cure reasonably requires more than thirty
(30) days ro complete and Grantor fails to begin the cure within the thirty (30) day period or fails to continue I
di�igently 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 I
parte as necessary, by temporary or permanent injunction without the necessiry 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 liability therefore, Grantee may apply any damages recovered to the cost of
undertaki�g any corrective action on the Property.
Biological Conservation Easement Deed
Page 4
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 I
815.7, the Califomia Attomey General or third-party entities organized for conservation purposes have i
standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor.
The California Department of Fish and Wildlife (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. 'i
6.1 Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the
terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and ,
attomeys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this Conservation Easement shall be bome by Grantoc
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 Bevond 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 resutting 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 Riqht 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.
7. Propertv Manaaement and Maintenance. Grantor and its successors shall maintain the I
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 '
Biological Conservation Easement Deed ,
Page 5
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.t 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 fumish Grantee and CDFG with satisfactory evidence of payment upon request i
9.2. Hold Harmiess. Grantor shall hold harmless, indemnify, and defend Grantee and I
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, li
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 I
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
specifed 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 1240.70D. ,
10. Assiqnment. 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. Subseauent Transfers. Grantor agrees to incorporate the terms of this Conservation '
Easement in any deed or other legai 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 pertorm 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, approvais, 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 I
specify to the other parties in writing:
To Grantor: Alan D. and Debbie L. Gold Family Trust
15575 Paseo Del Arroyo ',
Poway CA 92064 I
To Grantee: City of Poway I
P.O. Box 789
Poway CA 92074 ,
� Biological Conservation Easement Deed
Page 6
With a copy to: California 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 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 rewrds of San Diego County, State of Califomia. 'i
14. Recordation. Grantor shall promptly record this instrument in the official records of San ,
Diego County, Califomia and immediately notify the Grantee and CDFG through the mailing of a confirmed '�
copy of the recorded easement. ',
I
15. General Provisions. '
(a) Controllinq Law. The interpretation and performance of this Conservation Easement ',
shall be govemed by the laws of the State of Cafifornia. '
(b) Liberal Construction. Any general rule of construction to the contrary I
notwithstanding, this Conservation Easement shall be liberally construed in favor of the deed to effect the I
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) Severabilitv. 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 forteiture or reversion of
Grantor's title in any respect. I
(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 benefting Grantee shall also benefit CDFG. ',
(g) Termination of Riqhts and Oblipations. A party's rights and obligations under this I
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.
Biological Conservation Easement Deed '
Page 7 '
(h) Ca�tions. 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) Counteroarts. 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 belween the I
counterparts produced, the recorded counterpart shall be controlling. I
(j) Modification. This Easement is not subject to modification or amendment except in i
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 I�
herein by reference.
(q Appropriations. The duty of the City of Poway and CDFG to carry out their
respective obligations under this Easement shali 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. I,
IN WITNESS THEREOF, Grantor and Grantee have entered into this Conservation Easement the '
day and year first above written.
GRANTOR: I
Grantor: Alan D. and Debbie L. Gold Famity Trust '
By: b � '
Alan D. Gold, rustee (Notarize) ',
� 7
�
' / c `���� ���Z�
By: �
Debbie L Gold, Trustee (Notarize) ,
Approved as to Form: ',
Office of the City Attorney '
� �
By: �'�'�' ��� �
Mor an L Foley, City Attorney
�
I
M:lplanning\oda1MDRAS�20111MDRA 11-025 Gold Residence Lot 8 BCE.docx '�.
State of Califomia )
) I
County of San Diego ) II
On Januarv 14, 2013 before me, Christine E. Burger, Notarv, personally appeared Alan '
D. Gold, Trustee and Debbie L. Gold, Trustee who proved to me on the basis of ',
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within I
instrument and acknowledged to me that he/she/they executed the same in his/hedtheir I
authorized capacity(ies), and that by his/her/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 hand and official seal. � ',
CHRiSTtNE E. BUHGER
Commissfon �e 1989268
Nottty Public -Califomia � �,
���"��,�� �������� San Oiego County ',..,
Notary's Signature M Comm.Expires Sep 23.2016r
Name: Christine E. Burger '
My commission expires: September 23, 2016 '
i
Biological Conservation Easement Deed I
Page 8 '
CERTIFICATE OF ACCEPTANCE
This is to Certify that the interest in real property conve��Pd by the Biological Conse tion Easement
Deed by the Alan D. and Debbie L. Gold Family Trust, dated �������to the City of
Poway, Grantee, and to the Califomia Department of Fish and Wiidlife, a5'a`ihifd party beneficiary, a
governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned
o�cer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of
Poway on January 20, 1981. I
GRANTEE: City of Poway II
I
By: ��VG� N'. �p I
Title: Kristen M. Crane. Interim City Clerk I
Authorized Representative
oate: ���3I13 '
,�
II
EXHIBIT "A"
LEGAL DESCRIPTION '
Area "A° Biological Conservation Easement '
PORTION OF LOT 8 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. I
14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
BEGINNING AT THE MOST NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTHERLY
ALONG THE WEST LINE OF SAID LOT 8 TO AN INTERSECTION WITH A LINE THAT IS 27.00 �'
FEET SOUTH AND PARALLEL TO THE CENTER LINE OF DEL PONIENTE ROAD AS SHOWN
ON SAID TRACT MAP 14091, POINT BEING THE TRUE POINT OF BEGINNING, THENCE
CONTINUING ALONG SAID WEST LINE SOUTH 18°47'00"WEST, 130.35 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVED SOUTHEAST HAVING A RADIUS OF '
100.00 FEET, A RADIAL BEARING FROM THE RADIUS POINT OF NORTH 33°22'10"WEST; !i
THENCE LEAVING SAID WEST LINE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 28°07'07", FOR AN ARC DISTANCE OF 49.08 FEET TO THE BEGINNING '
OF A NON-TANGENT CURVE CONCAVED SOUTHEAST HAVING A RADIUS OF 88.00 FEET, A '
RADIAL BEARING FROM THE RADIUS POINT OF NORTH 73°28'37"WEST; THENCE ALONG '
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°36'22", FOR AN ARC '
DISTANCE OF 56.22 FEET TO A NON-TANGENT LINE; THENCE SOUTH 36°52'15" EAST, 5.35 '
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVED SOUTHEAST HAVING A
RADIUS OF 133.50 FEET, A RADIAL BEARING FROM THE RADIUS POINT OF
NORTH 42°30'27" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 8°33'00", FOR AN ARC DISTANCE OF 19.92 FEET TO A NON-TANGENT LINE; '
THENCE NORTH 67°45'48" EAST, 26.21 FEET; THENCE NORTH 56°47'21" EAST, 22.07 FEET; '
THENCE NORTH 42°19'56" EAST, 37.81 FEET; THENCE NORTH 59°19'13" EAST, 17.41 FEET; '
THENCE NORTH 62°58'32" EAST, 37.35 FEET; THENCE NORTH 07°47'S8" EAST, 4.67 FEET
TO A POINT ON SAID PARALLEL 27.00 FOOT LINE, POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVED SOUTHEAST HAVING A RADIUS OF 273.00 FEET, A '
RADIAL BEARING FROM THE RADIUS POINT OF NORTH 07°47'S8" EAST; THENCE '
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°13'58", '
FOR AN ARC DISTANCE OF 120.23 FEET TO A TANGENT LINE; THENCE SOUTH 72°34'00"
WEST LENGTH: 55.05 TO THE TRUE POINT OF BEGINNING. '
AREA = 11,642.45 / 0.267 ACRES
Prepared by: ��I.AND � I'
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By: ��'�"""' r���-�-•^--J date: December 13, 2012 �t� �
�' CSLti ,
Allen R.A.Turner III, PLS
EXHIBIT "A" I
LEGAL DESCRIPTION I
Area "B" Biological Conservation Easement '
PORTION OF LOT 8 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. ',
14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY ,
ALONG THE NORTH LINE OF SAID LOT 8, SAID NORTH LINE BEING A 280 FOOT CURVE '
CONCAVE SOUTHERLY, A RAD�AL BEARING FROM THE RADIUS POINT OF
NORTH 17°42'40" EAST, THROUGH A CENTRAL ANGLE OF 01°01'24", A DISTANCE OF 5.00 ,
FEET TO A CORNER AS DESCRIBED IN CITY OF POWAY BOUNDARY ADJUSTMENT NO.
08-01, RECORDED SEPTEMBER 22, 2009, AS DOC. NO. 2009-0527124; THENCE LEAVING !
SAID NORTH LINE SOUTHERLY ALONG SAID BOUNDARY ADJUSTMENT LINE, SOUTH '
16°44'00" WEST, 14.75 FEET, TO THE TRUE POINT OF BEGINNING; THENCE LEAVWG SAID
LINE, SOUTH 63°59'10"WEST, 12.63 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVED NORTHWEST HAVING A RADIUS OF 83.56 FEET, A RADIAL BEARING FROM
THE RADIUS POINT OF SOUTH 58°09'12" EAST; THENCE ALONG THE ARC OF SAID CURVE I
THROUGH A CENTRAL ANGLE OF 21°40'45", FOR AN ARC DISTANCE OF 31.62 FEET TO
THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 28°25'S2" WEST, 9.18 FEET;
THENCE SOUTH 33°10'27"WEST, 14.31 FEET; THENCE SOUTH 48°12'35" WEST, 12.14 FEET;
THENCE SOUTH 74°17'45"WEST, 39.23 FEET THENCE SOUTH 56°47'21" WEST, 53.56 FEET ',
TO THE BEGINNING OF A TANGENT CURVE CONCAVED SOUTHEAST HAVING A RADIUS
OF 91.50 FEET, A RADIAL BEARING FROM THE RADIUS POINT OF NORTH 33°12'39"WEST, '
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°48'S9", '
FOR AN ARC DISTANCE OF 38.03 FEET TO THE BEGINNING OF A NON-TANGENT CURVE '
CONCAVED SOUTHWEST HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING FROM I
THE RADIUS POINT OF NORTH 22°59'46" EAST; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 19°42'57", FOR AN ARC DISTANCE OF 34.41 FEET TO '
THE BEGINNING OF A TANGENT REVERSE CURVE HAVING A RADIUS OF 100.00 FEET; '
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°52'42", '
FOR AN ARC DISTANCE OF 34.69 FEET TO THE BEGINNING OF A TANGENT REVERSE
CURVE HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 75°47'22", FOR AN ARC DISTANCE OF 66.14 FEET TO '
THE BEGINNING OF A TANGENT REVERSE CURVE HAVING A RADIUS OF 200.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°1a'59",
FOR AN ARC DISTANCE OF 42.53 FEET TO A POINT ON SAID BOUNDARY ADJUSTMENT
LINE; THENCE NORTHERLY ALONG SAID LINE NORTH 16°44'00" EAST, 268.10 FEET TO THE I
TRUE POINT OF BEGINNING. '
AREA= 12,616.27/0.290 ACRES ,
Prepared by: '
Kappa Surveying, Inc. � I
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y v P g� '
By: � date: December 13, 2012 < �
D�. DEC 31 12 I
Allen R.A.Turner III, PLS �.a N0. 7844�Q
�pP �L
EXHIBIT "A" '
LEGAL DESCRIPTION
Area "C' Biological Conservation Easement ',
PORTION OF LOT 8 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, I
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDWG TO MAP THEREOF NO. '
14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
I
BEGINNWG AT THE MOST SOUTHWEST CORNER OF SAID LOT 8; THENCE EASTERLY
ALONG THE SOUTH LINE OF SAID LOT 8 SOUTH 88°47'34" EAST, 135.27 FEET TO THE AN I
ANGLE POINT ON SAID LOT 8; THENCE NORTH 4°12'00" EAST, 30.04 FEET ALONG THE �I
EAST LINE OF SAID LOT 8; THENCE LEAVING SAID EAST LINE NORTH 88°47'34" WEST, i
76.84 FEET; THENCE SOUTH 71°29'12" WEST, 59.27 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 8, POINT ALSO BEWG 10.85 FEET NORTHERLY ALONG SAID WEST LINE
FROM THE POINT OF BEGINNING, THENCE ALONG SAID WEST LINE
SOUTH 24°01'00"WEST, 10.85 FEET TO THE POINT OF BEGINNING.
I
AREA = 3,418.54/0.078 ACRES I
Prepared by: � I
Kappa Surveying, Inc. ,`G�& ~ TU'p��
y � 9 70
< �
D(P. DEC 31 12
By: � ��_� �
—�–�� �—�--.� date: December 13, 2012 `9's�,NO. �eas ,
�l' C1L1�
Allen R.A.Turner III, PLS
�
. , EXHIBIT „A° '
LEGAL DESCRIPTION
Area "D" Biological Conservation Easement '
PORTION OF LOT 8 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, ,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. '
14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO '
COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINN WG AT AN ANGLE POINT ON THE SOUTHEAST LINE OF SAID LOT 8, POINT BEWG '
SOUTH 80°18'00" WEST, 232.07 FEET FROM THE SOUTHWEST CORNER OF LOT 7 OF SAID '
MAP 14D91; THENCE EASTERLY ALONG SAID SOUTHEAST LINE NORTH 80°18'Oa" EAST, ,
36.49 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVED NORTHEAST I
HAVING A RADIUS OF 100.00 FEET, A RADIAL BEARING FROM THE RADIUS POINT OF '
SOUTH 25°53'42" WEST; THENCE LEAVING SAID SOUTHEAST LINE OF LOT 8 ALONG THE I
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°01'05", FOR AN ARC DISTANCE
OF 55.88 FEET TO A NON-TANGENT LINE; THENCE NORTH 37°32'01"WEST, 2.68 FEET,
THENCE SOUTH 52°29'05"WEST, 16.33 FEET; THENCE NORTH 72°33'15" WEST, 36.47 FEET
TO THE SOUTHEAST LINE OF SAID LOT 8; THENCE EASTERLY ALONG THE SOUTHEAST
LINE OF SAID LOT 8 SOUTH 49°45'00" EAST, 71.35 FEET TO THE POINT OF BEGINNING. '
AREA = 1,505.31 /0.035 ACRES
Prepared by: y�}� g�
Kappa Surveying, Inc. G�� �' rURy�,
N � �� 9� �',.
< �
.._..,,� D�. DEC 31 12 '��,.
By: ��— �����` date: December 13, 2012 �e�NO. 7844�° i
�' CALl
Allen R.A.Turner III, PLS '
I�
!
EXHIBIT "A° '
LEGAL DESCRIPTION ',
Area "E" Biological Conservation Easement '
PORTION OF LOTS 7 &8 OF CITY OF POWAY TRACT MAP 89-09, IN THE CITY OF POWAY, '
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I
14091, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO ',
COUNTY DECEMBER 5, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 8, POINT BEING COMMON �
WITH THE SOUTHWEST CORNER OF LOT 7 OF SAID TRACT MAP; THENCE EASTERLY
ALONG THE SOUTH LWE OF SAID LOT 7, SOUTH 67°24'00" EAST, 10.05 FEET TO THE '
SOUTHWEST CORNER OF PARCEL B AS ESTABLISHED BY CITY OF POWAY BOUNDARY '
ADJUSTMENT NO. 08-01, RECORDED SEPTEMBER 22, 2009, AS DOC. NO. 2009-0527124 ;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL B, �
NORTH 16°44'00" EAST, 52.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE ,
CONTINUING NORTH ALONG SAID WESTERLY LINE NORTH 16°44'00" EAST, 90.94 FEET TO i
AN ANGLE POINT IN SAID LINE; THENCE NORTH 28°16'00"WEST, 10.05 FEET ALONG SAID I
WESTERLY LINE; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 6°24'00"WEST, 15.47 ',
FEET; THENCE SOUTH 16°44'00"WEST, 20.05 FEET; THENCE SOUTH 30°04'43" WEST, 27.68 '
FEET; THENCE SOUTH 16°44'00"WEST, 16.57 FEET; THENCE SOUTH 6°42'35" WEST, 19.56
FEET; THENCE SOUTH 73°16'00" EAST, 7.32 FEET TO THE TRUE POINT OF BEGINNING.
AREA= 702.80/0.016 ACRES
Prepared by: f,p � '
� R, A TV�o
Kappa Surveying, Inc. ti ��' 'QY��O
N y ? 9� I
t �
EXP. DEC 31 12
By: ��""°�""'�����`J date: December 13, 2012 ���,� �t��
Allen R.A.Turner III, PLS
I
EXH I B I T "B" _I �� LINE 4 CURVE DATA TA&E
.m - PROPERTY LINE - 9EARING/OELTA LENO7H RPDSUS
� \ .�� R0� � -- -p�-- L1 N 18 47 00 E 130.35 "
� \ �L P�1� � �t.�j. V//////I EMSEAQJITAARE�VAiION W N 87 43 49 E 28.2�7 -'
ILLLLC111 7�,842.45 S,F / 0.267 ACRES L� N 58 47 21 E 22.07
`/�� \ � - - N�e���+ ��� i j� LS N 42 19 58 E 37.81 -'
\' `\` '- �s_ � � / BIOLOGICAL CONSERVATION Le N 18 13 E 17.41 __
� \_`� - / � EASEMENT AREA •B° L7 N 82 58 32 E 37.35 -
�; / LB N 0 47 38 E 4.87
� � � � �' 12,616.D S.F / 0.290 ACRES L9 N 7 34 00 E 55.0.5
� L10 N 8 5B 10 E 12.83
� .^ �� � �� � �� � � BIOLOGICAL CONSERVATIINJ L11 N 2B 25 52 E 9.18 --
\ / 8 °� . ���\��\. EASEMENT AREA "C" 112 N 70 27 E 14.37 "
_ � -� ,r^ � �, � � � �� 3,418.54 S.F / 0.078 AIX2ES L13 N 48 12 JS E 12.14 --
m � L14 N J4 17 IS E 79.23
\ �� / / �8 0 0 0 o BIOLIX3[CAL CONSERVATIIXJ L15 N I7 21 E 53.58 _
G�. a o 0 0 o L18 N 18 00 E J8.49
� � 8 Cp /�S o0000000o EASEA£NT AREA "�" L17 N 37 72 01 W 2.88 _
�,ry�� 1 � = o 0 0 0 0 ��505.31 S.F / 0.035 ACRES L18 N 5 29 05 E 18.33
8 0 / L19 N 7 JS 15 W d6.47 -
I \�cP �'( 1 /-�-e�sr urE�.oi e BIOLOGICAL CINJSERVATION L20 N 48 4S a0 W 71.a5 -
�, 1 EASEMENT AREA "E" LY1 N O4 12 00 E J0.04
/ � 702.80 S.F I 0.076 ACRES � N 12 00 E 94.19
0 APk 314-840-18 '� L23 N 71 74 00 W 82.83 '-
� "� DOC. N0. 2008-0527124 y� L24 N 24 01 00 E 86.41 "
1.� WB'R4'00'E �.�a.�.w L25 N 4B S7 13 W 20.85 -
15.a' to.05' L28 1 '
� N1E'44'OQ'E L27 • • " 19.58 --
SCAL£ 1" = 80' 20.0b pOB POINT OF BEGINNING LYB • • " 7.32 '-
g N]o•a'ye e c1 28 07 a7 49.OB 100.00
�.� ��.� � ^ iPOB TRUE POINT OF BEGINNING � � �p � �y.� eg.pp
� C3 OB 33 00 19.92 137.50
/� ' ���0� / g / �a�� C5 25 3 58 120.23 2�.00
� � 4 ' '�1Z + v CB 21 a0 IS 31.82 8J.58
� � �1 r�A 1,3'm w 7 � � C7 34 46 25 50.71 83.58
� l TPOB •E• Id �� 5�- CB 2J 4B 59 38.03 81.30
.8 0°0� E�w. DEC 3i 1{ �-^� C9 19 42 57 34.41 100.00
�'p � °o° � 1WU&1 7muv 0 PL9 C10 19 52 42 34.89 100.00
o �Pj, o�o°� � � N6184�
_ p• 4��, � � �o��e,o�E �'x.m' �o'y?�•cy� \ '3'or cw cis i2 io sa 4i.sa zo�o.o000
C13 32 01 05 55.88 t00.W
8 �- �f f� C14 01 01 20 5.00 280.00
rv�/ P� •��
ry � A�ti COLD PROPERTY, DEL PONIENTE ROAD, POWAY
� �^,��q .� e e BIOLOGICAL CONSERYATION
s o p `�� EASEMENT
��nC'�R SURVFY DA7E.•
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B'q'�'M ta�.2T . . a . � ,KlB N0.:240512
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