Conservation Easement Deed 2013-0324940 :. �: � o � # ��� �-����s��
' i I ��IIIII III I �IIII IIII� IIIII IIIII II�II I III I� IIIII�III IIII
� RECORDING REQUESTED BY: MAY Z3, ZO�H 10:54 AM
/�/� . CITY OF POWAY SAN DIEGO�OUNTY RECORDER'S OFFICE �
Emest J. Dionenburg,Ji., CDUNTY RECORDER
I� FEES: 0.00
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CITY CLERK IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
I�„J CITY OF POWAY
I P O BOX 789
POWAY, CA 92074-0789 I
APN: 276-140-15 Space Above Line for Recorder's Use Only
PROJECT NUMBER: BA10-002
CONSERVATION EASEMENT DEED i
No Documen4ary Transfer Tax Due _
THIS CONSERVATION EASEMENT DEED is made this � dayof� �1 I , 2013, by,
Leonard C. Clements and Janice P. Clements("Grantor"), in fayor of City of Poway ("Grantee"), acting by
and through its Development Services Department, with reference to the following facts.
RECITALS
A. Granror is the sole owner in fee simple of certain real property in the City of Poway, Gounty
of San Diego, State of California, more particularly described in Exhibit "A" and Exhibit "B" attached hereto
and incorporated by this refe�ence (the "Property").
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B. The Property possesses wildlife and habitat values (collectively, "conservation values") of I
great importance to the Grantee, the people of the City of Poway, the people of the State of California, and �
the people of the Uniteii States. � �
C. The Property provides Diegan Coastal Sage Scrub (DCSS) and Coast Live Oak Woodland
(CLOW), which are valuable Fiabitats per the Poway Subarea Hatiitat 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 Califomia, 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 thosespecies.
F. The United States Fish and Wild,life Se[vice (USFWS) has jurisdiction over the conserJation,
protection, restoration,;enFiancement and management of fish, wildlife:and hative plants and the:fiabitats on '
which they depend unde� the Endangered Speciea Act, 16 U.S.C. Section 1531 et seq. (ESA), the Fish antl ;
Wildlife Coordination Act, 16 U.S.C. Sections 661-666c and other applicable laws.
G. This-Conservatioh Easement provides protection for 1,91 acres of land that contains 1.81
ac�es of (DCSS and 0.10 acre of CLOW 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. Tfiis Conservation Easement will be established in retum for the quitclaiming a 0.99-acre
portion of a 31.41-ac�e Biological Conservation Easement (BCE) recorded on September 8, 2009, 'as
DocumentNo. 2009-0500861. The quitclaim will enable the future improvement'of an existing dirl driyeway
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Conservation Easement Deed
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that leads into the main portion of Grantor's property. The habitat to be quitclaimed from':the BCE consists of
0.70 acre of DCSS, 0.05 acre of CLOW, and 0.24 acre of disturbed fiabitat. The quitclaim of the BCE
designation will not result in any direct tiabitat impacts. Any habitat impacts that are proposed in the future
within the quitclaim a�ea will be subject to tHe mitigation requirements ofthe HCP. The BCE swap, wfiich
has the concurrence'of;the U:S. Fish and Wildlife Service, consists of4lie protection of 1.91 acres of land that
contains 1.81 acres ofpCSS, and 0.10 acre CLOW'in exchange for removing the BCE designation from 0.70
acre of DCSS; 0.05 acre of CLOW, and 0.24 acre of distu�bed habitat.
J. 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 properfy 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 co4enants; terms; conditions, and restrictions
contained herein, and pursuant to California law, induding Civil Code Section 815, et seq., Grantor hereby �
voluntarily deeds and conveys to Grantee a conservation easement in perpetuity over the Property of the I
nature and character and to the extent hereinafter set forth ("EasemenP').
1. Purpose: The purpose of this Conservation Easement is to ensure the Property will be �
preserved in a natura,l condition in perpetuity and to prevent any use`of the Propertythat will materially impair I
or interfere with the conservation values of the Property. Grantor intends that this Conservation Easement
will confine tfie use of the Property to such activities, including 'without limitation, those involving the
preservation and enhancemenC of native"species and their habitat in a'manner consistent with the habitat
conservation purposes of this Conservation Easement.
2: Riahts of Grantee. To accomplish the purposes of this Conservation Easement, Grantor I
hereby grants and conveys the following rights to Grantee and the State of'California Department of Fish and I
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; I
(b) To enter upon, the ,property at reasonable times in order to monitor Grantor's i
compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's
obligation to manage the property consis4ent witfi Grantors duties as set forth in Section 4, and for scientific
' - research and interpretive purposes byGrantee 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
P�operty that may be damaged by any acC, failure to act, or any use that is inconsistent with the purposes of
this'Conservatiori Easement;
(d) All mine�al, air and water rights necessary to protect and sustain the biological
resources of the Property; and
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(e) To enforce by means including, injunctive relief, the terms and conditions of the i
Easement.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat
conservation purposes of"tliis GonserJation Easement and not specifically reserved as a right of Grantor is
prqhibited. Without limiting`the'generality of,the:foregoing, the following uses by Grantor, G�antor's agents,
and thi.rd parties; are ezpressly prohibited unless specifically provided for through the Poway Subarea
Wabitat Conservation PIanMCCP.
(a) Unseasonable watering, use of herbicides, rodenticides, or weed abatement
activities, incompatible fire pro4ection activities and any and all other uses which may adversely affect tfie
purposes of this Conservation Easement;
Conservation Easement Deed n
Page 3 ��7 p
(b) Use of.off-road`vehicles; excepTvehicles used for property maintenance required by
the City of Poway, and then'only over existing roads;.
(c) Grazing orsurface entry for explo�ation or extrection of minerals;
(d) Erection of any tiuilding, billboard, or sigh;
(e) Excavating, dredging br 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; i
(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; i
(h) Planting�of fFees or other vegetation exceptby written permission from the City of
Poway.
4. Grantor's Duties. Grantor shall undertake all reasonable 'actions to prevent the unlawfuf
entry and trespass by persons whose activities may degrade or harm the conservation values of the �
Property. In addition, Grantor shallundertake all necessary actions.to.protect Grantee's rigtits 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.
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5. Reserved Riqhts. Grantor reserves to itself, and to its personal representatives, heirs, I
successors; and assigns, all rights accruing from its ownership of the Propeity,,including:the right to engage
in or to permit or invite others to engage in all uses of the'Property tliat 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 sfiall 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'Wiltllife. 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 f'ails to begin the cure within thie tfiirty (30)'day"period or fails to continue �
diligently to complete the cure Granfee may bring an action at law o� in equity in a court of,competent
� jurisdiction to enforce fhe terms of fhis;Conservation Easement, to recov,er any damages to which Grantee
may be entitled�forviolation 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 p�oving either actual
damages or.the inadequacy of otherwise available legal remedies;or for other equitablg,relief, inclutling, but
not limited to, the restoration of the'PropeRy to the condition in which it existed prior to any such violation or
injury: Witfiout limiting Gra`ntoPsJiability 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:tlamageto the conservation values of`tfie 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 untler this paragraph apply equally to actual.or threatened violations of the
terms�;of this Conservation Easement: Grantor and Grantee ag�ee that Grantee's remedies for anyviolation
of the terms of this Conservation Easement is the injunctive relief described in this section, both prohibitive
and maniiatory, 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 81b, et seq.,
inclusive.
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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 Atto�ney Gerieral or third=party entitieS organized for conservation purposes have �
standing as interested partiesin anyproceeding affecting this Conservation Easementas against Grantor.
The California Department of Fish and Wildlife (CDFW) as a third party beneficiary of this
easement shall h8ve 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, 6ut 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 Conseryation Easement by
Grantee or CDFW shall be at the disc�etion of Grantee and CDFW, and any forbearance by Grantee or
CDFW to exercise its righits under this Conservation Easement by Grantorshall not be deemed or construed
to be a waiver by Grantee of such term or of any subsequent breach of':the same or any otherterm of this
Conservation Easement or of any of the Grantee's rights under tliis Conservation Easement. No delay or I
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 const�ued 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 CDFW to bring any.action against Grentorfor any injury
or change in the Property resulting from causes beyond Grantor's cont�ol; 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'�arcel 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 otitain approval by the Grantee's Director of Development Services
regarding the specific location, type, ancJ height of the fence and signs prior to their installation. j
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7. Propertv Manaqement and Maintenance. Grantor and its successors shall maintain the '
Property in acco�dance with the terms'antl conditions as set forth herein.
8. Access. This Conservation Easement does not convey a general right of access to the
public; however; afterreceiying approval from Grantor, notSo be unreasona6ly withheld, access for scientific
research and interpretive purposes, shall be reserved to the Grantee and CDFW or to the �espective
designees of G�antee and'CDFW. i
9. Costs:and Liabilities. Grantor retains all responsibilities and shall bear all costs`and liabilities I
of any kind including t�ansfer costs', costs of title and documentation review, and costs related to the I
ownership, operation, upkeep, and maintenance of the Property.
9.1. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whate4er description levied on or assessed against the Property by competenf authority
(collectively "taxes"); including any tazes imposed upon, or incurred as s resulE of, this Conservation
Easement, and sliall fumish 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 tfieir heirs, and
representatives, successoYs and assigns (collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including
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Conservation Easement Deed
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without limitation, reasonable attorneys'fees, arising from°or in any way connected with: (1) injury to or the �
death of any person, or pfiysical damages to any property resulting from any act, omission, condition, or
other matte� related to o� occur�ing on or abouf the Property, regardless of cause; (2) the obligations
specified in Sections 4, 9, and 9.1; and (3)the existence oradministration of this Conservation'Easement.
9.3. Contlemnation. The purposes of the Conservation Easement are presumed to be
the best and. most necessary public use as defned at Code of Civil' Procedure Section 1240.680
notwithstanding Code of Civil Procedure'Sections 1240.690 and 1240.700.
10. Assiqnment. This Conservation Easement may not be transferred, assigned, or
extinguished without the prior written approval of CDFW. Grantee may a'ssign its rights and obligations I
under this Conservation Easement orily to an entity or organization authorized to acquire and hold
conservation easements pursuant to Civil Code Section 815.3. Grantee shalLrequire the assignee to rewrd
the assignment in the countywhere tfie Property is located.
11. Subseauent Transfers. Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or 'other legal instrument.by which Grantor divesfs itself of any inte�est in ,all or a
portion of the Property, including, witliout limitation, a leasehold inteFest. G�antor furthe� 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 iransfec Grantee shall have the right to prevent subsequent transfers in which piospective
subsequent claimants or transferees are not given notice of the covenants, terms, conditions antl.restrictions
of this Conservation Easement. The failure of.Grantor or Grantee to perfo�m any act provided in tfiis section
shall not impair the validity of this Conservation Easement or limit its enforcea6ility in any way. Grantor shall
not grant additional easements or other interests in the property without the prior written autFiorization 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 todheipersons set forth below o�-shall be
deemed given five (5) days after deposit in the United States mail, certified and postage p�epaid, �etum
receipt requested and add�essed as follows, or at such other address as any party may from time to time
specify to the other parties in writing:
To Grantor. Leonard G Clements and Janice.P..Clements
P.O. Box 180755 ,
Coronado, CA 92178
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 inay be amended by G�antor and Grantee only '
by mutual writfen agreement;app[oved in writing by CDFW. Any such amendment-shall be consistent with
the purposes of this Conservation Easement and, shall not affect its pe�petual duration. Any such
amendment shall be recorded in the official records of San Diego County, State of Califomia.
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Gonservation Easement Deed
Page 6 g$ $�
14. Recordation. Grantor shall promptty record this instrument in the o�cial records of San ;
Diego County, California and immediately notify the Grantee and GDFW through the mailing of a confirmed '
copy of the recorded easement.
15. General Provisions.
(a) ContFollinq Law. The interpretation and pertormance 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 Easemenf shall be liberally construed in favor of the deed to effect the
purposes of this Conservation Easement, and the, policy and purposesof 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 fhe 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 otherpersonsor circumstances.
(d) Entire Aqreement. Tfiis instrument sets fortfi the entire agreement of the parties �
with respect to the Conseryation Easement and supersedes all p�ior tliscussions, 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.
(� Successors. The covenants, terms, conditions, and restrictions of-this Conservation
Easement Deed shall be 6inding upon, and inure to the benefit of, the 'parties he�eto and tHeir respective
personaf representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property. These covenants hereunder benefiting Grantee shall alsobenefit GDFW.
(g) Termination of Riqhts and Obliqations. 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
trarisfer.
(h) Captions. The captions im4his instrument have been'inserted solely for,convenience
of �eference and a�e 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, I
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 6e controlling. '
Q) Modification. This Easement is not subject to modification or amendment except in
writing and signed by Grantor, Grantee and CDFW or their permitted successo�s orassigns.
(k) Exhi6its. All Exhibits referred to in this Easement are attached and incorporated �
herein by reference.
(I) Approoriations. The duty of the City of Poway and CDFW to carry out their
respective obligations.underthis Easement shall be subject to the availability of appropriate funds. '
Conservation EasemenfDeed
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(m) Effective Date. This Easement shall be effectiVe upon recording with the San Diego
County Recorder's Office.
IN WITNESBTHEREOF, Grantor and Grantee have entered into tfiis Conservation Easement the I
day and year first above.written.
GRANTOR: Leonard C. Clements and Janice P. Clements
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By: � By: � �
(Notarize) otan e) I
App�oved as to Form:
Office of the City Attorney �
B : � �
Y
Morga L. F ley, City Att ney
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M:\planning\oda\Clements BCE.docx �
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CALIFOR1191A ALL-PUF3POSE ACKN0INLEDGMEIdT .. '
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State of California
County of�/� �/E� O
On T/1�/�lL ZZ �/3 befo�eme, �i��/GG/S ��/Ni1� �T�22% �(i/�LcL. ,
Date / /1 /� Here Insert eme a�e rme oi me on��r
personallyappeared L..EO/l�i�i2� (_.. CLE/lijC`�T
Name�s)ofSlgner�s)
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who proved to me on the basis of satisfactory evidence to
be the person�whose name(�j is/�subscribed to the I
��PHriLIS�B NN within instrument and acknowledged to me that
Commleslon A 19d6215 he/s�/tP,�y executed the same.in his/I}14r/tF�4ic authorized
ro Not�ry Public =�Celllarnia capacity(ie�J, and that.by�his/f}14dtl�r signature(�on the
San Dlepo Counry instrument the person(�, or the entity upon behalf of
Comm.Ea lres Nov 9,2015 r which the person(�acted, executed the instrument.
I certify under PENA�TY OF PERJURY under the'Iaws �
of the State of California thaYthe foregoing pa�agraph is �
true and correct.
WITNESS my hand d official seal.
Signature
. ?lace Nolery Seel Abwe SignaW re oi Natary Pudic
OPTIONAL
Thougfi fhe intormation below is not,required by/aw, it may prove valuab/e to persons relying on the�document
and could prevent fraudulent remov2/and reattachment o/this form to anotfier document.
Description of Attached Document / / ;
Title orType of Document ( )��.SL�I�A'�(/J� /%�/.S���G''/�� !��� I
Document Date: � /-2��-- .L. �i Z�b' �� Number of Pages: �4
Signer(s) OtherThan Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
'❑ Individual. ❑ Individual �
❑ Corpora4e�Officer—Title(s): ❑Corporate�Officer—Title(s):
❑ Partner—�� Limited ❑ General ❑Partner—O Limited ❑�General
❑ Attomey in Fact • �� ❑Attorney in Fact • '
❑ Trustee Top of thumb here ❑Trustee TaP of ttiumti here I
❑ Guardian or Conservaror ❑Guardian or Conservator I
❑ Other: ❑Other: �
Signei Is Representing: Signer Is Representing: �
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STATEOFCALIFORNIA } ^O ��
}S.S. `�0
COUNTY OF SAN DIF.CO }
On APRIL 23,2013,before me, DENISE J. OKEEFE ,Notary Public,personally appeared
JANICE P. GLEMENTS,who proved to me on the basis of satisfactory evidence to be the person(s)whose
name(s) is/are subscribed4o the within instrumen[and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and[hat by his/hedtheir 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[he laws of[he State of California that the foregoing paragraph is I
true and correc[.
WITNESS my hand and official seal.
Signa[ure (Seal)
DENISE J.�OKEEFE
�~ Commission'a 7934341 �
� �e �Notary Public-Califomia i
t San Diepa;Qounty �
� M Comm.E ires Ma 14 2015 I
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Conservation Easement Deed I
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CERTIFICATE OF AGCEPTANCE �o ��
This is to Certify that the interest in real property conveyed by the Conservation Easement Deed by
Leonard G Clements and Janice P. Clements, dated April 22, 2013, to the City of Poway, Grantee, and to
the California Department of Fish and Wildlife, 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 authoriry conferredby Resolution No. 34 of the City of Poway on January 20, 1981. I
GRANTEE: City of Poway i
BY: �1��� �SD�JI�`---'
Title: Sheila R. Cobian. GMG Citv Clerk
Authorized Representative
Date: � 1 I
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FXHI6IT "A"
LEGAL DESCRIPTION OF THE BIOLOGICAL CONSERVATION EASEMENT
BEING GRANTED ON C�.$��
PARCEL 1 OF PM NO. 14139
ALL THOSE PORTIONS OF PARCEL 1 OP PARCEL MAP # 14319. IN THE CITY
OF POVJAY, COUNTY OF SAN DIEGO, S"fATE OP CALIFORNIA, FILED IN THE
OFFICE OF THG COUNTY RGCORDER OF SAN DIEGO COUNTY, JUNE 18, 1986,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEG[NNING AT THE MOST SOU7'HWESTGRLY CORNER OF PARCEL 1 OF
PARCEL MAP #14319, SAID PO1NT ALSO BEING THE MOST NORTHWESTERLY
CORNER OF PARCEL 3 OF PARCEL MAP#14319; THENCE NORTHERLY
ALONG THE WESTERN BOUNDARY OF SAID PARCEL 1,NORTH 00° O1' 39"
WEST, 465.00 FEET; "I'HENCE LEAVING SAID PARC�L BOUNDARY, NORTH 89°
58' 21" EAST, 100.00 FEET; THENCE SOUTH 00° Ol' 39" EAST, 400.00 FEET;
THENCE NORTH 89° 58' 2P' �AST, 566.42 PGLT, SAID LINE BEING PARALL�L
AND 65.00' NORTHERLY OF THE SOUTHERN BOUNDARY OF SAID PARCEL 1;
THENCE SOUTH 00° O1' 39" EAST, 65.00 FGGT TO ITS iNTERSECTION WITH
THE SOUTHERLY BOUNDARY OP SAID PARCLL 1; 1'H�NCr WESTERLY
ALONG THG SOUTHERN BOUNDARY, SOUTH 89° 58' 21" WEST, 666.42 FEE"C
TO THE PO1NT OF BEGINNING.
CONTAINING 1.91 ACRES, MORE OR LESS
S 10
y�pQ�t o.S��`oy�m
C7 9
d No.CA �024 *
� �•3�31�� 1
T �` Q,�R-
�OF CA��F�
�� � `���-
3I � I 13
� . EXHIBIT "B"
LEGEND
REPL,4CEMENT BCE
i AREA TO BE GRANTED
N 1.91 ACRES
SCALE �� 1"=150' ---- PROPERTY BNDRY
� � 9887 �
i ,oo.00� i
—�89'58�21' E I
� �
����������������I
I �
� I
I
� . . . . . . . i � I�
� � 400.00� I
f.'.'.'. . .'.'. .�00'01'39" E �
465.00' . . . . . . . . , � APN 276-14�-15
N oo•o�'ss° w � PARCEL 1
I z
. . . . . . . . .� 65.00� �
� _ _ . . . . . . ' S 00'01'39" E
. . . . . . . .� 566.42'
N 89'58'27' E 5 89'58'21" W
�. . . . . . . . .!__ __
T. ._.T. .__. __.-_.._._ ._. _...__. .._. _._..._._..._..._. ._._. _.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
7B.54�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I
�
Q� VVV.4�'� \ \
Q S 89'58'21" W � I
\ � � - -
�
�
x �
~ \ \ � �
a
, �
PARCEL 3
y p��0.S��FyCm : APN 276-140-11
m
� No. �
� �.3 3� �y �
sr�rFOF�Cp�E�Q�\P I
BY: . �.,,a� 41613 '
ROBERT 0. SUKUP, DATE I
RCE 28302, EXP. 03/31/14
PREPARED BY:
THE SEA BRIGHT C0. �
4322 5EA BRIGHT PL. BIOLOGICAL CONSERVATION EASEMENT PLAT APN 276-140-15 I
CARLSBAD, CA 92008
(760) 720-0098