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Conservation Easement Deed 2003-0742050kit RECORDING'REQUESTED:BY: CITY OF POWAY WHEN RECORDED MAIL-TO: CITY CLERK CITY OF POWAY P b BOX 789 4 DOC ? 2003 - 0742050 JUN 24, 2003 9:06 Airs OFFICIAL RECORDS SiN DIEGO COWN RECORDER'S OFFICE Glow J. so$ ow RECORDER FEES: 0.00 01 NA 1 POWAY CA 92074 -0789 ` IIII VIII VIIII VIII VIII VIII VIII VIII VIII IIII IIII 'Jse,Only APNS 322- 011 -08 and 09 iJtl g6i�I ulgttslgoo3or4zoso; ryt ��tl i,il,ala;dll CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT DEED is made this day of =110C , 2003, by Lucidi Family LTD Partnership ( "Grantors "), in favor of the 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" attached hereto and incorporated by this reference (the "Property"). B. The Property possesses wildlife and habitat values (collectively, "conservation values") of great importance to the' Grantee, the people of the City of Poway, the people of the State of.California, and the people of the United;States. C. The Property provides high quality coastal sage•scrub vegetation. Coastal sage scrub is the habitat of the Galifornia 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 California Civic Code Section 815.3(b). E., The State of California, by and through its Department of Fish and Game (CDFG), has jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the; habitat necessary for biologically, sustainable populations of those species. F. The United States Fish and Wildlife Services (USFWS) has jurisdiction over the conservation; protection; restoration, enhancement and management of fish, wildlife and native plants and'the habitats on which they depend under the Endangered Species Act, 16 U.S.C. section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661 -666c and other applicable laws. G. This Conservation Easement provides protection for 5.41 acres of land that contains high quality coastal sage scrub habitat, which is within the Mitigation Area identified in the City of Poway's Subarea Habitat Conservation Plan. 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 1.3 acres of coastal sage scrub habitat. This;is a mitigation measure for such removal of 1.3 acres of'coastal sage scrub habitat. 7]*2_ �1b-23 I ��I- Iq /zo3o�ly.J : 18913 Conservation Easement Deed Lucidi „FamilyLTD Partnership 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 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 Propertythat will ?materially impair or interfere with the conservation values of the Property. Grantor.intends that this Conservation Easement will confine the use of the ,Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a "manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee and the State of California Department of Fish and Game as a third party beneficiary of this easement by this Conservation Easement Deed: (a) To preserve..and protect in perpetuity the conservation values of the Property in accordance with this easement; (b) To enter upon the property at reasonable times in order to monitor Grantor's compliance with, and to otherwise enforce the terms of, this Conservation Easement, including Grantor's obligation to manage the property consistent with Grantor's duties as set forth in section 4, and'for scientific research and interpretive purposes by Grantee or its designees;:and CDFG and its designees. (c) To prevent any activity on or use of the. Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any.act, failure to act, or any usethat 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 (d) To enforce by means including, injunctive relief,. the terms and conditions of the Easement. 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; • 13914 : , o Conservation Easement Deed Lucidi Family LTD Partnership (d) Erection of any building; billboard, 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 albreasonable actions to, prevent theunlawful 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 epartment of Fish and Game: If Grantor,fails to cure the violation within thirty. (30) days after receipt of'-said written notice and demand from Grantee, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of.this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary orpermanentinjunction without the necessity of proving eitheractual 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 anysuch 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, sigh ificant " 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. 139.15; Conservation Easement Deed Lucidi Family LTD Partnership If at anytime 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 entitles organized for conservation purposes have standing as interested parties in any proceeding affecting this Conservation Easement as against Grantor. The California Department of Fish and Game (CDFG) as a third party beneficiary of this easement shall have the same rights as Grantee under this section to enforce the terms of the easement. 6.1. Costs of Enforcement. Any costs incurred by Grantee or CDFG in enforcing the terms of this 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 CDFG shall.be :at the discretion of Grantee and CDFG, and any forbearance by Grantee or CDFG to exercise its rights under lfiis 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 underthis 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 awaiver. 6.3. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement by Grantee shall beat the discretion of Grantee and CDFG to bring any action against Grantor for any injury to change in the Property resulting from causes, , beyond Grantor's control, 'including, fire, flood,'storm',_and earth movement; or any prudent action taken by Grantorunder emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4. Department of Fish and Game Right of Enforcement. All rights and remedies conveyed to Grantee under this Conservation_ Easement Deed shall extend to and are enforceable by the Department of Fish and.Game or USMS. 7. Property - Management and Maintenance. Grantor and its s_ uccessors 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 CDFG or to the respective designees of Grantee and CDFG. 9. Costs and Eiabil ties. 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 takes, assessments, fees, and charges of whatever ,description levied on or assessed against the Property by competent authority (collectively "taxes"), 'including any taxes imposed upon, or'incurred.as a .result of, this Conservation Easement, and shall furnish Grantee and'- CDFG with- satisfactory evidence.of oayment upon'request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and CDFG and its members, directors, officers, employees, agents; contractors, and their heirs, and representatives; successors and assigns (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses; damages,: expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in, anyway, connected with: (1) injury to or the.death of'anyperson, or physical damages to any property resulting from•anyact, omission, condition, • 139160 Conservation Easement Deed Lucidi Family LTD Partnership or other matter. related, to or occurring on or about the Property, ' regardless of'cause; (2) the obligations specified in Sections.4`,I% 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 tne'prior' written approval of CDFG. Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization, authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to record the assignment'in the county where -the Property is located. 11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal' instrument by which Grantor divests itself of any interest in all or a portion of the Property, including; without limitation,, a leasehold interest. Grantor further agrees to give written notice to Grantee or the CDFG of the intent to transfer any interest at least forty -five (45) days prior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Grantor shall not grant additional easements or other interests in the property without the prior written authorization of Grantee and CDFG. 12. Notices, All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by °facsimile to the persons set forth below: or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested and addressed as follows, or at such other address as any party may from time to time specify to the other parties in writing: To Grantor: Lucidi Family LTD Partnership 15015 Lucidi Farms Way Poway CA 92064 To Grantee: City of Poway P:O. Box 789 Poway CA 92074 With a copy to: Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 The parties agree to accept facsimile signed documents and agree to rely upon _such documents as if they bore original signatures. Each party agrees'to provide to the other parties, within seventy -two (72) hours after transmission of a facsimile, documents that bear the original signatures. 13. Amendment. This Conservation Easement may be amended by Grantor and Grantee only by mutual written, agreement approved in writing by CDFG. Any such amendment shall be consistent with the purposes of this Conservation Easement and, shall not affect its perpetual duration. Any such amendment, shall be recorded in the official records of San Diego County, State of California. 0 _ lt9lp Conservation Easement Deed Lucidi Family-LTD Partnership 14. Recordation. ,Grantor shall promptly, record this, instrument in the official records of San Diego County, California and immediately` notify the' Grantee and CDFG through the mailing of a confirmed copy of the recorded easement. 15. General Provisions. (a) Controllinq 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 81b, ei 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. If4court.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 rnerged herein. No alteration or variation ofthis instrument shall be valid or bind ing'unless'contained in an amendment in accordance,with Section 13. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, ;conditions, and restrictions of this Conservation Easement Deed -shall be binding upon, and inure- to 'the benefit of, the parties, hereto and their respective personal representatives; heirs, successors, and assigns and shall continue as a servitude running in perpefuity with the Property. These covenants hereunder benefiting Grantee shall also benefit CDFG. (g) Termination of Rights and Obligations. A party's rights and obligations. under this Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions. The, captions' in this instrument -, have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (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 counterparts all be controlling. (j) Modification. This Easement is not subject to modification or amendment except in writing' and signed by Grantor, Grantee and CDFG or their permitted successors or assigns. 0 1394' Conservation Easement Deed Lucidi Family LTD Partnership (k) Exhibits. All Exhibits referred to in this Easement are attached and incorporated herein by reference. (1) Appropriations. The duty of the City of :Poway and CDFG to .carry out their respective obligations' urider this Easement shall be subject to thetavailability 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: Lucidi Family LTD Partnership, Property Owners of APN 322 - 011 -08 and 09 uthorized Representative) Approved: Bill Tippets Deputy Regional Manager/ Environmental Program Manger CA DEPARTMENT OF FISH AND GAME � ► LI I � Approved as to Form: Office of the City Attoi Stephen M. Eckis, CS 0 M': \planning \j ason \Lu cidiConseNation EasementDeed.d oc 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CQ`I,i iOcn IQ, County of 3a o 1:� i eso I3i9 On ame6, r�)Do3 before me, SNO-We a:4Gokkell, N�tQ�rl Ptlb�i C DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, N ARY PUBLIC" personally appeared LLIIIC_�8 OF SIGNER(S) ❑ personally known to me - OR - S proved to me on the basis of satisfactory evidence to be the person('} whose name(g) &are SNERRIEO.woRRF11 subscribed to the within instrument and ac- Cummon412230g0 knowledged to me that 19/sf e4" executed ¢ Notary Public - Collromla San Diego County the same in Ids /herftheir authorized my cornm. E*ms Jun 30;2= capacity(+es); and that by IQ /weir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. Q b_a� SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY.SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER 1S REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT _1' 00seruq* ton FnAftelr+ peed TITLE OR TYPE OF DOCUMENT 1l NUMBER OF PAGES (n)slo� DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park,.CA 91369 -7184- 0 1420 Conservation Easement Deed Lucidi Family LTD Partnership CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement by Lucidi Family LTD Partnership, dated June 5. 2003 to,the.City of Poway, Grantee, and to the California Department of Fish and Game, as a third party beneficiary, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the City of Poway, pursuant to authority conferred by Resolution No. 34 of the City of Poway on January 20, 1981. GRANTEE: City of Poway 8' Title: Loll Anne Peoples, City Clerk Authorized `Representative Date: June 20, 2003 0 13 92..4 EXHIBIT "A" LEGAL DESCRIPTION CONSERVATION EASEMENT PORTIONS OF PARCELS 3 AND 4 OF PARCEL MAP NO. 18327 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED AUGUST 20, 1999 IN�THE OFFICE OF THE, COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS'FOLLOWS: PARCEL A BEGINNING AT THE MOST EASTERLY'NORTHEAST CORNER OF SAID PARCEL 3 OF PARCEL MAP NO. 18327, SAID POINT ALSO. BEING THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 18327; THENCE SOUTH 18'24'24" WEST 144.22 FEET TO THE TRUE.POINT OF BEGINNING; THENCESOUTH 13° 11' 33" EAST 119.10 FEET; THENCE SOUTH 100 00' 1'9" WEST 145.81 FEET; THENCE SOUTH 530 58'33 WEST 85.30 FEET; THENCE SOUTH I P 59' 19" WEST 94.75 FEET; THENCE SOUTH 51° 10'10" WEST 42.68 FEET, THENCE SOUTH 7° 45'32" WEST 104.02 FEET; THENCE SOUTH 210 40'43 " EAST 64.87 FEET; THENCE SOUTH 100 55' 47" WEST -57.95 FEET; THENCE'SOUTH 78° 56'44" EAST 114.25 FEET; THENCE SOUTH 3 °'14'41 " WEST 124.39 FEET; THENCE NORTH 75° 48'55" WEST 273:00 FEET; THENCE'NORTH 320 31' 54" EAST 86.73 FEET; THENCE NORTH 70 13'30" WEST 142.80 FEET; THENCE NORTH 200 04'34" EAST. 150.11 FEET; THENCE NORTH 21' 48'52" WEST 85.81 FEET; THENCE NORTH 330 3 P 13 " EAST . 302.46 FEET; THENCE NORTH 570 54'01 " EAST 77.17 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B BEGINNING AT THE MOST SOUTHWESTERLY CORNER OE SAID PARCEL MAP NO. 18327; THENCE NORTH 0° 29' 34'' WEST 289.46 FEET ALONG THE WEST LIN50F SAID PARCEL MAP AND THE WEST,LINE:OF PARCEL 3 TO`THE TRUE POINT OF BEGINNING; THENCE'CONTINUING NORTHERLY ALONG SAID WEST LINE NORTH 00 29'34" WEST 300.00 FEET; THENCE LEAVING SAID WEST LINE SOUTH 860 22'53" EAST 86.16 FEET; THENCE SOUTH 50"29'49" EAST 29.21 FEET; THENCE NORTH 789-54'25" EAST 58.38 FEET; THENCE SOUTH 0? 56',43" WEST 103.44 FEET; THENCE SOUTH 370 15'53" WESV230 76 FEET; THENCE SOUTH 890 30'26" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. 0 13.9 2 2 0 PARCEL C BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID PARCEL 3 OF PARCEL MAP NO.. 18327, SAID POINTBEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 43'32" WEST 225.90 FEET ALONG THE MOST WESTERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID WEST LINE SOUTH 660 08'45" EAST 163.71,FEET; THENCE SOUTH 9° 09' 17" EAST 162.97 FEET TO A POINT ON THE SOUTHERLY LINEOF SAID PARCEL 3; THENCE NORTH 89° 35'42" WEST 172.80 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D -1 BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3 OF PARCEL MAP NO. 18327, SAID POINT ALSO BEING THE NORTHWEST CORNER OF PARCEL 4 OF`SAID PARCEL MAP NO. 18327; THENCE SOUTH 60 1T 01" WEST 282.36 FEET TO THE TRUE, POINT OF BEGINNING; THENCE SOUTH 69° 20' 19" EAST 20.78 FEET; THENCE%SOUTH 550 21' 29 ".EAST 17.96 FEET; THENCE SOUTH 330 43'27" EAST 19.07 'FEET THENCE SOUTH 180 10'19" EAST 24.54 FEET; THENCE SOUTH 230 56' 54" WEST 129.32TEET; THENCE SOUTH 250 15'42" EAST 35.13 FEET, THENCE SOUTH 380 59'29" EAST 50.50 FEET TO A POINT HEREAFTER DESIGNATED AS POINT "A'; THENCE SOUTH 80° 41' 58" WEST 58.86 FEET; THENCE NORTH 33° 17' 05" WEST 27.06 FEET; THENCE NORTH 7° 37' 10" EAST 28.28 FEET; THENCE NORTH 30 33'34" WEST 26.29 FEET;-THENCE NORTH 10 39'23" EAST 128.85 FEET; THENCE NORTH 360 16'33" EAST 18.85 FEET; THENCE NORTH 90 29'18" EAST 34.10 FEET; THENCE NORTH 750 34'24" EAST 3.70 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D -2 BEGINNING AT THAT POINT MENTIONED BEFORE AND DESIGNATED AS POINT "A'; THENCE SOUTH 90 42'02" EAST 96.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38'02'02" EAST 52.96 FEET; THENCE NORTH 82° 14' 45" EAST 44.94 FEET; THENCE SOUTH 100 31' 05" WEST 51.32 FEET; THENCE SOUTH 560 18'33" EAST 53.93 FEET; THENCE SOUTH 25° 14' 10" WEST 70.23 FEET; THENCE NORTH 780 00'40" WEST 63.09 FEET; THENCE NORTH 64° 31' 59" WEST 43.49 FEET; THENCE NORTH 460 10' 12" WEST 64.79 FEET TO A POINT HEREAFTER DESIGNATED AS POINT `B "; THENCE NORTH 4° 47' 11" EAST 22.50 FEET; THENCE NORTH 170 5,qL--- 47" EAST 58.47 FEET; THENCE NORTH 610 07'30" EAST 51.45 FEET TO THE POFE, POINT OF BEGINNING. hie �\GA�E u r No.16 139 .2 3 PARCEL D -3 BEGINNING AT THAT POINT MENTIONED BEFORE AND DESIGNATED AS POINT `B'; THENCE SOUTH 24'23'40" EAST 41.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 54'45'56" EAST 33.28 FEET; THENCE SOUTH 2° 19'42" WEST 80.00 FEET; THENCE SOUTH 150 18'06" WEST 18.23 FEET; THENCE SOUTH 64° 24'39" WEST 44.36 FEET; THENCE SOUTH 54'20'55" WEST 6103 FEET; THENCE NORTH 77° 52'39" WEST 22.09 FEET; THENCE NORTH 59° 43'30" WEST 66.66 FEET; THENCE NORTH '0° 02'10" EAST 28.78 FEET; THENCE NORTH 52° 34'46" EAST 60.46 FEET; THENCE NORTH 23 °.14' 58" EAST 48.71 FEET; THENCE NORTH 88'29'21 " EAST 59.21 FEET; THENCE NORTH 39° 06'24" EAST 29.04 FEET TO THE TRUE POINT OF BEGINNING. AREAS: Parcel A: 2.60 Ac. Parcel B : 0.78 Ac. Parcel C : 0.70 Ac. Parcel D -1: 0.27 Ac. Parcel D -2: 0.44 Ac. Parcel D -3: 0.43Ac. AES No. 2070 - Lucidi Farms - Conservation Easement 10- 30 -02/ Rev. 5 -22 -03 4 / +� ++ + o + `\ + ++ + + ++ + + +�v�+ +tai + + + + + 4. + + + ++ ++ + ++ ++ + + + ++ + + ++ \ + + ++ + + + + + + ++ + ++ + + +A+ (9) (9) 1648.5 + + 6, X + + PARCEL:A. + 1+ + + +, , APPA= 9 A ; + + ; + 7 +. + �4 ++ }+ + + + + + + + + + + k + + + ^✓ + + + + + + V + + + / + + + + + ++ + + + + + ++ ++ +. +.. ++ ++ ++ + + + + ++ ++ + + ++ ++ + ++ + + ++ 1 ff8°24'24 "E, 144.22' 2 N13 °11'33"W,119.10, 3 N10 000'19 "E, 1.45.81' 4 N53 058'33 "E, &5.30' N11 °59'19 "E, 94.75' 6 N51 010'10 "E, 42.681' N07 045'32 "E, 104.02' 8 N21 °40'43" V11, 64.87' 9 N 10 °55'47 "E, 57.95' N78 056'44 "W, 114.25' NO3 °14'41 "E, 124.39' N75048155"W, 273.00' N32031'54 "E, 86.73' ®N07013'30"W, 142.80' ® N20004'34 "E, 150.11' RN21048'529W, 85.81' N33031'13 "E, 302.46' ® N57 054'01 "E, 77.17' No.16595 S E 1' =100' EXHIBIT B PROPOSED ONSERVATION EASEMENT SHEET10F6 AE2070 1 N00029'34"W, 289.46 �w 2 N00°29'34"W, 300.00' 3 N86022'53W, 86:16' N50029'49"W, 29.21' qy$ O N78 054'25 "E, 58.38' N01 056'43 "E, 103.44' N37015153 "E, 230.76' + + + + + + + + + + + * + ++ N89030'26 0E, 20:00' +++++++++++++++ 6�R +++++++++++++++ + + + + + + + O+ + + + + + + * +* PARCELB AREA= 0.78 AC + + + +�+ Ui + + �. 3 7 , ++ + + +- SEPTIC P ' E 50 \$ 150 B 4 _ EXHIBIT B PROPOSED. CONSERVATION EASEMENT SHEET 2 OF 6 AE 201 �• a � T- .� w OH.TS] UT b S'p 4 ++ + + + + +• + 1. + + + + 3 + + ++ + + +. �W O + +` + + + +`+ ++ PM + + + ++ + + ++ + + + °a + + �.� + + +t + ++ + + +/ t + + +� TPOB PARCEL C AREA= 0.70 AC 1 .N00°43'32"W, 225.90' 2 N66008'45"W, 163.71' 3 N09009'17"W, 162.97' 4 N89035142"W, 172.80' SCALE OQApFESS /pyq 1' =100 i w No.16595 s x 6 -340 lF0GALWF EXHIBIT B PROPOSED CONSERVATION EASEMENT SHEET 3 OF B AE 2670 nlA�ci 0 13927'0 P CEL 2 AR 4 S E -- -® 1'=80' 1 N06°17'01 NE, 282.36' 2 N69°20'19"W, 20.78' 3 N55021'29"W, 17.96' 183 N33 ?43'27wW, 19.07' a N18010'190W „24.54' PARCEL `N23 °56'54 "E; 6 129:32' AREA-0.27 A N2501542"W, 36;13' 8 N38°59'29"W, 50.50' b 9 N8 °41'58 "E, 58:86' + N33 01 T05"W, 27.06' } + + 4 N07037'10 -E, 28.28' + + - NO3°3334"K.26:29' + + + N01039'23 "E,.128.85' + N36°16'33 'E, 18.85' -E, + \ N09029'18 34.10' + + N75034'24 "E, 3.70' + 1saa.g ® + -c ++ �+ + D-2 No.16595 EXHIBIT B PROPOSED CONSERVATION EASEMENT SHEET 4 OF 6 AE 2070 5/22/03 0 1 N09°42'02"W, 96:59' 2 _ N36°02'OYW, 52.96' 3 1!182014 WE, 44.94' N10031105'E, 51.32' N5 661813-W. 53.93' N25014 -10 "E, 7023' N76°00'40'W, 6319' 8 N64031'59'W.43.49' 9 N46°10'12"W 84.79' Noem 1'E. 22.50' N17°59'4TE, 56.47' I N6100730'E, 51.45' 138 w +r + ++ © p + + + + + + /p + + + + + + + + O ++ P +� � + ++ 4:1- + + + + + m i r KMG i 1'40' NO-16595 / \. F�f CALIFOP 100X100 STAGING EXHIBIT B AREA PROPOSED (ESMT.) CONSERVATION �:..:. EASEMENT SHEET 5 OF 6 AE 2070 yl� N2402Y40*W, 41.94' 9 1'329 NOW i PE, 44W E, 6iOV "W, 22.x' "W, 66.66' PE 28.76' "E, 60.48' "E, 48.71' "E, 59.21' 'E. 29.04' + + + +P EL+D ++ vg +, + + + Ij + + + + + + + +© + + + + + + + + + + + a a No:16595 m P• 6-34 100X100 STAGING EXHIBIT B WNG AREA PROPOSED CONSERVA (ESMT.) I EASEMENTTION SHEET 6 OF 6 AE 2070 5/22/03