HomeMy WebLinkAboutCT 97-13; County of San Diego; 2004-1123441; EasementRECORDING REQUESTED BY
WHEN RECORDED, PLEASE
RETURN THIS INSTRUMENT TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AND A COPY TO:
Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
United States Department of the Interior
Fish and Wildlife Service
6010 Hidden Valley Road
Carlsbad. CA 92009
DOC# 2004-1 123441 I 111111111111111111111 11111 111ll111ll lllll111ll IIIII 11111 Ill11 1111 1111
NOV 30,2004 10:49 AM
O FFl ClAL RECORDS SAM DIEGO UUUNTY RECORDER’S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0. 00 U C: NA PAGES: 15
Assessor’s Parcel No. Portion 209-050-25-00 Project No. & Name Faraday Ave. Ext. County
Parcel No. 2004-0045-8
CON ER TlON EASEMENT DEED
THIS CONSERVATlON EASEMENT DEED is made this &ay of &kLew, 2004, by the
County of San Diego, a political subdivision of the State of California (“Grantor”), in favor of the City of Carlsbad, a municipal corporation (“Grantee”), with reference to the following facts.
bOCUME[iifiri y ;?t/;,NSFZfi TX
RECITALS
A. Grantor is the sole owner in fee simple of certain real property consisting of 108.4
acres in the City of Carlsbad, County of San Diego, State of California, more particularly
described in Exhibit “A” attached hereto and incorporated by this reference (the “Property”).
6. The Property provides critical habitat for the coastal California gnatcatcher
(Polioptila californica) that was listed as a threatened species on March 30, 1993 (58 Federal
Register 16742), and has significant value for the conservation of the species (hereinafter
“Conservation Values”).
C. Grantee is authorized to hold conservation easements for the preservation of land in
its natural, scenic, agricultural, historical, forested, or open space condition. Grantee has authority
to hold easements for these purposes pursuant to California Civil Code Section 81 5.3(b).
D. The State of California, by and through its Department of Fish and Game (“CDFG”),
has jurisdiction, pursuant to Section 1802 of the Fish and Game Code, over the conservation,
protection, and management of fish, wildlife, native plants and the habitat necessary for
biologically sustainable populations of those species.
E. The United States Department of the Interior, 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
Page 1 of 10
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. The USFWS has issued a biological opinion
known as “Biological Opinion on the Carlsbad Oaks North Specific Plan in the City of Carlsbad,
San Diego County, California; FWS Log No. 1-6-01 -F-2874; Corps File No. 200200641 -RJL“.
Said Biological Opinion concerns itself with both the Property and an adjacent proposed industrial
park.
F. Grantor intends to convey to Grantee an easement in perpetuity to protect the
Conservation Values of the Property. Grantee, in turn, intends to convey any and all
responsibilities it may acquire by virtue of this grant of easement to the Center for Natural Lands
Management, Inc. (“CNLM”), a California non-profit corporation organized for the purpose of
conservation and eligible to hold conservation easements under California Civil Code Section
815, or such other conservator as may be acceptable to Grantor, CDFG and USFWS.
Concurrent with the recording of the transfer to CNLM, Techbilt Construction Corp., a California
corporation, will transfer an Endowment Fund to CNLM, which will be prudently invested to
provide income and earnings that will be used to preserve the Conservation Values of this
Conservation Easement Deed in perpetuity.
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 81 5, et
seq., Grantor hereby voluntarily deeds and conveys to Grantee a conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth.
1. Purpose. The purpose of this easement is to ensure the Property will be preserved
in a natural condition in perpetuity and to prevent any use of the Property that will materially
impair or interfere with the Conservation Values of the Property. Grantor intends that this
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 easement.
2. Riahts of Grantee. To accomplish the purposes of this easement, Grantor hereby grants and conveys the following rights to Grantee:
(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
compliance with and to otherwise enforce the terms of this 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;
(c) To prevent any activity on or use of the Property that is inconsistent with
the purposes of this easement and to restore the Conservation Values and/or 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 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, without limitation, 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 easement and not specifically reserved as a right of Grantor is
Page 2 of 10
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 regional Multiple Habitat Conservation Program or the City of Carlsbad Open Space
Management Plan. These prohibitions shall not be construed as restricting the Grantor or
Grantee from using herbicides, rodenticides or pesticides, performing maintenance and
monitoring, removing invasive plant species, entering the property using off-road vehicles, or
erecting signs as needed for the protection of the Conservation Values of the Property.
(a) Unseasonal 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 easement;
(b) Use of off-road vehicles;
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(e) Otherwise altering the general topography of the Property, including
building of roads or changing the grade of the Property;
(f) Removing, destroying, planting or cutting of trees, shrubs, or other
vegetation, except as required by law for (1) firebreaks, (2) maintenance of existing foot trails or
roads, (3) Compliance with any rules, regulations or policy issued by the Federal Aviation
Administration (“FAA”) for the management of aviation impacted land, or (4) prevention or
treatment of disease or protection of Conservation Values.
(9) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as may be specifically permitted under this Conservation
Easement Deed;
(h) Commercial or industrial uses;
(i) Any legal or de facto division, subdivision or partitioning of the Property;
U) Erection of any building, billboard or sign,
(k) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials;
(1) Planting, introduction or dispersal of non-native or exotic plant or animal species; (m) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other
material on or below the surface of the Property;
(n) Manipulating, impounding or altering any natural water course, body of
water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters.
4. Grantor’s Duties. Grantor shall fully cooperate with Grantee in effectuating
Grantee’s actions to prevent unlawful entry and trespass by persons whose activities may
degrade or harm the Conservation Values of the Property. Grantor shall undertake all necessary
actions to protect Grantee’s rights under section 2 of this easement.
5. Reserved Riahts. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Property, including
Page 3 of 10
the right to engage
consistent with the
in or to permit or invite others to engage in all uses of the Property that are
DurDoses of this easement. Grantor further reserves for the benefit of the public those rights required to be reserved by the FAA over aviation impacted land, to wit:
(a) The right of flight for the passage of aircraft in the airspace above said
easement, together with the right to cause in said airspace such noise and such incidence of
flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation
or of flight in air, using said airspace, taking off from, landing at or operating on the McClellan-
Palomar Airport ("Airport").
(b) The right to require the removal of any buildings, structures, facilities,
trees, vegetation or other objects infringing upon or extending into the Airport clear zone
approach, take-off or flight surface, together with the right to prohibit the future installation of any
buildings, structures, facilities, trees, vegetation or other objects which would infringe upon or
extend into said surface.
(c) The right of ingress to and egress from, and passage over the herein
described easement, for the above purposes.
6. Grantee's Remedies. If Grantee determines that there is a violation of the terms of
this easement or that a violation is threatened, Grantee shall give written notice to the violator and
demand in writing corrective action sufficient to cure the violation. Grantee shall also notify the Grantor, CDFG and USWS of the violation. If the violation is not cured 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 the violator 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 easement, to recover
any damages to which Grantee may be entitled for violation of the terms of this easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the
necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies, or for other equitable relief, including, but not limited to, the restoration of the Property
to the condition in which it existed prior to any such violation or injury. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate
action to prevent or mitigate significant damage to the Conservation Values of the Property,
Grantee may pursue its remedies under this paragraph without prior notice to Grantor, CDFG or
USWS 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 easement. Grantor
agrees that should Grantee's remedies at law for any violation of the terms of this Conservation
Easement Deed be reasonably determined by Grantee to be inadequate that Grantee shall be entitled to 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 easement, 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.
6.1. Costs of Enforcement. Any costs incurred by Grantee in enforcing the
terms of this 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 easement shall be borne by Grantor. To the extent permitted by law, Grantee shall
be entitled to recover costs of enforcing the terms of this easement against a third party,
including, but not limited to, costs of suit and attorneys' fees.
Page 4 of 10
6.2. Grantee's Discretion. Enforcement of the terms of this easement by
Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its
rights under this easement 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 easement or of any of the
Grantee's rights under this easement. No delay or omission by Grantee in the exercise of any
right or remedy upon any violation of the terms and conditions of this easement shall impair such
right or remedy or be construed as a waiver.
6.3. Acts Bevond Grantor's Control. Nothing contained in this easement shall
give the Grantee authority to bring any action against Grantor for any injury or change in the
Property resulting from causes beyond Grantor's control, including but not limited to, fire, flood,
storm, and earth movement, the actions of third parties not directed or controlled by Grantor 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. CDFG, USFWS, CNLM and Other Entities, Riaht of Enforcement. CDFG and USFWS shall be third party beneficiaries of the rights granted to Grantee by this easement.
All rights and remedies conveyed to Grantee under this easement shall extend to and are
enforceable by the CDFG, USFWS, CNLM and any other conservator responsible for protecting
the Conservation Values of the Property. Notwithstanding Civil Code Section 81 5.7, the
California Attorney General, CDFG, USFWS, CNLM and any conservator responsible for
protecting the Conservation Values of the Property shall have standing as an interested party in
any proceeding affecting this easement.
7. Manaaement, Maintenance, Rehabilitation and Replacement of Conservation
Values by Grantee. Management, maintenance, rehabilitation and replacement of the
conservation Values of the Property shall be the responsibility of Grantee.
8. Access. This easement does not convey a general right of access to the public.
Grantee and Grantee's designated contractors or subcontractors shall have the right to enter the Property to perform the required management, maintenance, rehabilitation and replacement of
the Conservation Values of the Property. After receiving approval from Grantor, not to be
unreasonably withheld, access for scientific research and interpretive purposes, may be reserved
to the Grantee, CDFG and USFWS or to any designee of Grantee, CDFG and USFWS.
9. Costs and Liabilities. Grantor shall bear all costs related to the ownership,
operation, upkeep, and maintenance of the Property unassociated with the preservation of the
Conservation Values.
9.1. Taxes. Grantor or subsequent transferees of the Property 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"), excluding any taxes
imposed upon, or incurred as a result of, this easement, and shall furnish Grantee with
satisfactory evidence of payment upon request. Any taxes resulting from the establishment of the
easement shall be paid from the Endowment Fund. Grantee shall not undertake any activity on
the Property that may increase Grantor's liability for taxes without Grantor's consent, which
consent shall not be unreasonably withheld.
9.2. Condemnation. The purposes of the 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. Subsequent Transfers bv Grantor. Grantor agrees to incorporate the terms of this
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, CDFG and USFWS of the intent to transfer any interest
Page 5 of 10
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 easement. The failure of
Grantor or Grantee to perform any act provided in this section shall not impair the validity of this
easement or limit its enforceability in any way. Grantor may grant easements related to the
Carlsbad Oaks North, Faraday Avenue and other projects of the County of San Diego, City of
Carlsbad and/or other local government bodies and utilities as long as the easements do not
interfere with the Conservation Values of the Property. Grantor shall not grant any other
additional easements, rights of way or other interests in the Property (other than a security
interest that is subordinate to this Conservation Easement Deed), or grant or otherwise abandon
or relinquish any water agreement relating to the Property, without first obtaining the written
consent of Grantee, CDFG and USFWS. Grantee, CDFG or USFWS may withhold such consent
if the proposed interest or transfer is inconsistent with the purposes of this Conservation
Easement Deed or will impair or interfere with the Conservation Values of the Property. This
section shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to
this Conservation Easement Deed.
1 1. Subsequent Transfers or Assionment of Easement by Grantee: Grantee hereby
informs Grantor that Grantee intends to immediately convey the easement to the Center for
Natural Lands Management (CNLM), a California non-profit public benefit corporation and that
CNLM will assume Grantee’s duties hereunder. With this transfer, the City of Carlsbad will
become a third party beneficiary to this easement and will have the same authority as the
Grantee to enforce Grantee’s rights under this easement. CNLM may not transfer, assign, or extinguish this easement without the prior written approval of County, CDFG, USFWS and the
City of Carlsbad. Grantee or CNLM may assign its rights and obligations under this easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and only if any consent required from County, CDFG, USRNS and
City of Carlsbad is obtained. Grantee shall require the assignee to record the assignment in San Diego County, California. Upon any transfer of this Conservation Easement Deed, CNLM or any
subsequent Grantee shall also transfer any remaining Endowment Funds to the new Grantee with
the easement. In the event the CNLM or subsequent Grantee is being dissolved, this
Conservation Easement Deed and the remaining Endowment Funds shall be transferred to the
City of Carlsbad, in conformance with any requirements of the California Corporations Code
relating to dissolution of non-profit corporations.
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:
To Grantee:
With a copy to:
County of San Diego
Department of Public Works
1960 Joe Crosson Drive
El Cajon, CA 92020-1236
Attn: Airports Director
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attn: City Engineer
California Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
Page 6 of 10
San Diego, CA 92123
United States Department of the Interior
Fish and Wildlife Service
6010 Hidden Valley Road
Carlsbad, CA 92009
Center for Natural Lands Management. Inc.
425 E. Alvarado Street, Suite H
Fallbrook, CA 92028
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 which bear the
original signatures.
13. Extinuuishment. This easement may not be extinguished without the prior written
approval of CDFG and USFWS. Once written approval is obtained, this easement may be
extinguished by Grantor and Grantee by mutual written agreement upon the request of either
party only after the requesting party acquires and records a perpetual conservation easement in
the name of the Grantee at an alternative location, which provides Conservation Values that
satisfy the specific mitigation purposes of this easement.
14. Amendment. This easement may be amended by Grantor and Grantee only by mutual written agreement with the prior written approval of CDFG and USFWS. Any such
amendment shall be consistent with the purposes of this easement and, except as provided in
section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the
official records of San Diego County, California.
15. Recordation. Grantor shall promptly record this instrument in the official records of
San Diego County, California, and immediately notify the Grantee, CDFG and USFWS through
the mailing of a conformed copy of the recorded easement.
16. General Provisions.
(a) Controllinu Law. The interpretation and performance of this easement
shall be governed by the laws of the State of California and applicable federal law.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this easement shall be liberally construed to effect the purposes of this
easement and the policy and purpose of Civil Code Section 81 5, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
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 easement, such action shall not affect the remainder of this
easement. If a court of competent jurisdiction voids or invalidates the application of any provision
of this easement to a person or circumstance, such action shall not affect the application of the
provision to other persons or circumstances.
(d) Entire Aureement. This instrument sets forth the entire agreement of the
parties with respect to the easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the 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 14.
Page 7 of 10 a5
(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
easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property. These covenants hereunder benefiting Grantee
shall also benefit CDFG and USRNS.
(9) Termination of Riahts and Obliaations. A party's rights and obligations
under this easement shall terminate only upon transfer of the party's interest in the easement or
Property, with the following exceptions, liability for acts or omissions occurring prior to transfer
shall survive transfer, and the City of Carlsbad will remain a third party beneficiary with the same
authority and rights of the Grantee.
(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. -
(0 No Hazardous Materials Liability. Grantor represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below)
in, on, under, about or affecting the Property. Despite any contrary provision of this Conservation
Easement Deed, the parties do not intend this Conservation Easement Deed to be, and this Conservation Easement Deed shall not be, construed such that it creates in or gives to Grantee
any of the following:
(1) The obligations or liabilities of an "owner" or "operator," as those
terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C.
The obligations of a responsible person under any applicable
Section 9607(a)(3) or (4); or
Environmental Laws: or (3)
(4) The right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (A) material
that is flammable, explosive or radioactive; (B) petroleum products, including by-products and
fractions thereof; and (C) hazardous materials, hazardous wastes, hazardous or toxic
substances, or related materials defined in CERCLA, the Hazardous Materials Transportation Act
(49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seg.); the Hazardous Substance Account Act (California Health & Safety
Code Section 25300 et seq.), and in the regulations adopted and publications promulgated
pursuant to them, or any other applicable federal, state or local laws, ordinances, rules,
regulations or orders now in effect or enacted after the date of this Conservation Easement Deed.
The term "Environmental Laws" includes, without limitation, any federal,
state, local or administrative agency statute, ordinance, rule, regulation, order or requirement
Page 8 of 10
relating to pollution, protection of human health or safety, the environment or Hazardous
Materials. Grantor represents, warrants and covenants to Grantee that Grantor’s activities upon
and use of the Property will comply with all Environmental Laws.
0) Warranty. Grantor represents and warrants that (1) there are no outstanding
monetary liens or conservation easements senior in priority to this Conservation Easement Deed,
and (2) the Property is not subject to any other encumbrances other than those of record. Upon receipt of funds from the Techbilt Construction Corp. for such purpose, the Grantor will obtain title
insurance on the Property in an amount equal to the fair market value of the easement. The title
insurance shall be valid as to the transfer to the City of Carlsbad and the subsequent transfer to
the CNLM.
(k) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be controlling.
(1) Modification. This easement is not subject to modification or amendment
except in writing and signed by Grantor, Grantee, CDFG and USFWS or their permitted
successors or assigns.
(m) Exhibits. All Exhibits referred to in this easement are attached and
incorporated herein by reference.
(n) Federal or State Approwiations. The duties, if any, of the Grantor,
Grantee, CDFG and USFWS to carry out their respective obligations under this easement shall be subject to the availability of appropriate funds.
(0) Effective Date. This easement shall be effective upon recording with the
San Diego County Recorder’s Office.
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Page 9 of 10 a7
IN WITNESS THEREOF, Grantor and Grantee have entered into this easement the day
and year first above written.
COUNTY OF SAN DIEGO,
GRANTOR:
Thomas J. Pastuszka
Clerk of the Board of Supervisors
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement by Grantor,
dated , 2004, to the Grantee, and to the California Department of Fish and Game
and United States Department of the Interior, Fish and Wildlife Service, as a third party beneficiaries, governmental agencies (under Government Code Section 27281), is hereby
accepted by the undersigned officer on behalf of Grantee, pursuant to authority conferred by
resolution of the Grantee on October 25 , 2004
14
CITY OF CARLSBAD,
GRANTEE:
By:
Approved and/or authorized by the Board of Supe is0 of !?e County of San 0 go
THOMA J. PASTL SZKA
Date-. Vinute Order No. 8,
Deputy Clerk
Page 10 of 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On Jb r/. /& before me, flL;c~
Date Name and Title of Officer (e g , *'Jahe doe, Notary Publ6")
personally appeared CfiiSZkh. Name(s) of Signer(s)
personally known to me
Zproved to me on the basis of satisfactory
evidence
to be the personlp/l whose name(&is/-
subscribed to the within instrument and
acknowledged to me that helshPlthay executed
the same in hislhD'lthn;r authorized
capacity@+, and that by hislhprlthbir
signatureNon the instrument the personfsr: or
the entity upon behalf of which the personlld/
acted, executed the instrument.
Notary Public - California
WITNASS my hand and official seal,
Place Notary Seal Above
- /I& W / G2.S Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 91313-2402 Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
A PORTION OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A"
BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'54'00" EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08" EAST
3247.17 FEET; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTH
57'00'19" WEST 102.75 FEET; THENCE
FEET; THENCE SOUTH 59'51 '02" WEST
84'02'21" WEST 71.40 FEET; THENCE
FEET; THENCE SOUTH 39'02 ' 55" WEST
52'10'38" WEST 82.57 FEET; THENCE
FEET; THENCE SOUTH 88'12 '22" WEST
40'19'04" WEST 72.14 FEET; THENCE
FEET; THENCE SOUTH 59'16'24" WEST
74'37'59" WEST 102.45 FEET; THENCE
FEET; THENCE NORTH 86'33'28'' WEST
74'59'14" WEST 40.48 FEET; THENCE
FEET; THENCE SOUTH 89'35'37" WEST
80'17'24'' WEST 56.14 FEET; THENCE
FEET; THENCE NORTH 64'53 '14'' WEST
SOUTH 40'04'08" WEST
79.17 FEET; THENCE
SOUTH 09'58'54'' WEST
33.85 FEET; THENCE
SOUTH 73'58'39" WEST
63.89 FEET; THENCE
SOUTH 44'03 '08 WEST
50.49 FEET; THENCE
NORTH 45'28'27'' WEST
197.84 FEET; THENCE
SOUTH 82'24'38'' WEST
68.26 FEET; THENCE
NORTH 44'38'08" WEST
135.75 FEET; THENCE
74.03
SOUTH
57.65
SOUTH
40.49
SOUTH
55.45
SOUTH
85.58
SOUTH
47.52
SOUTH
23.90
NORTH
49'16'50" WEST 121.37 FEET TO A POINT ON EASTERLY BOUNDARY OF THE
PROPERTY OWNED BY THE CITY OF CARLSBAD PER DEED RECORDED JUNE 30,
30'28'48" EAST 838.83 FEET; THENCE NORTH 30'31'12" WEST 800.00
FEET; THENCE SOUTH 87'45'29" WEST 491.59 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED;
1982 AS FILE NO. 82-201566; THENCE ALONG SAID BOUNDARY NORTH
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 2 OF 2
THENCE ALONG SAID BOUNDARY NORTH 01'28'24" EAST 787.30 FEET;
THENCE NORTH 50'55'35" EAST 1788.65 FEET; THENCE NORTH 54'15'33"
EAST 326.48 FEET TO THE POINT OF BEGINNING.
AREA = 98.01 ACRES
PARCEL 'B"
BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT 'B", SOUTH
89'54'00" EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08" EAST
5096.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH
86O54'52" WEST 1747.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 69'53'03 WEST 437.14 FEET; THENCE NORTH 38'21'55"
EAST 443.36 FEET; THENCE NORTH 08'42'03" EAST 174.91 FEET; THENCE
NORTH 39'04'34" WEST 234.07 FEET; THENCE NORTH 57'12'36" EAST
859.32 FEET; THENCE NORTH 84'48'26'' EAST 58.86 FEET; THENCE SOUTH
35O15'38" EAST 77.86 FEET; THENCE SOUTH 47'00'20" WEST 175.24
FEET; THENCE SOUTH 28O58'48" WEST 269.16 FEET; THENCE SOUTH
42'09'34" WEST 112.57 FEET; THENCE SOUTH 12'07'41'' WEST 712.74
FEET; THENCE SOUTH 34'32'52" WEST 151.12 FEET TO THE TRUE POINT
OF BEGINNING.
AREA = 10.39 ACRES
I DATA TABLE I
5Z 65'
40.49
4Z52'
20 S 893537" W 6B. 26'
21 ~8077~4" w - 56.74'
22 N 44'38'08" w - ZJ 90'
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2710 Loker Avenue 760-931-7700
Carlsbad, CA 760-931-8680 Suite 100 Fox:
92008