HomeMy WebLinkAbout2022-12-13 - AGENDA REPORTS - AIDLIN HILLS DEDICATIONAgenda Item: 13
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: A,1
DATE: December 13, 2022
SUBJECT: APPROVAL OF THE IRREVOCABLE OFFER OF DEDICATION OF
REAL PROPERTY (AIDLIN HILLS DEVELOPMENT) OF 169 +/-
ACRES IN THE COUNTY OF LOS ANGELES, ASSESSOR'S
PARCEL NUMBERS 2826-020-020, -021, -022, -023 AND -024; 2826-
020-030, -031, -032 AND -033; AND 2826-097-003 (PORTIONS)
DEPARTMENT: Recreation and Community Services
PRESENTER: Janine Prado
RECOMMENDED ACTION
1. Approve the Irrevocable Offer of Dedication agreement for real property for the purpose of
public recreational and open space preservation, 169 +/- acres of real property in the County
of Los Angeles, Assessor's Parcel Numbers 2826-020-020, -021, -022, -023 and -024; 2826-
020-030, -031, -032 and -033; and 2826-097-003 (portions).
2. Accept the donation of $175,000 and increase anticipated revenues for Fiscal Year 2022-23
in General Fund Miscellaneous Revenue (Fund 100) Account 100-462101 by that amount.
3. Appropriate $76,500 as an on -going annual expenditure from the General Fund Balance
(Fund 100) to Expenditure Account 1002100-518503 for the payment of annual property
taxes.
4. Authorize the City Manager, or designee, to execute all documents, including the acceptance
of approximately 149 +/- acres, subject to City Attorney approval, upon the completion and
verification of the legal descriptions that are described as exhibits to the Irrevocable Offer of
Dedication.
BACKGROUND
Development company Lennar Homes of California, LLC (Lennar) approached the City of Santa
Clarita (City) to accept the dedication of 169 +/- acres of natural open space at the west end of
Pico Canyon Road. Lennar is required by a condition of approval for the Aidlin Hills project to
offer 169+/- acres to the City, and staff recommends the City accept 149+/- acres, which does
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not include manufactured slopes. The land is located outside of the City's limits, within the Open
Space Acquisition Boundary.
The Irrevocable Offer of Dedication (IOD) gives the City ninety (90) days to complete due
diligence efforts before accepting the natural open space area. In addition, upon the City
Council's approval of the IOD, Lennar will work to convey a conservation easement over 2.46
acres of the property to the Desert and Mountains Conservation Authority, an agency of the State
of California, for protection of the riparian areas within the open space. Further, Lennar will pay
the property taxes on the dedicated land for three years.
The donation of the real property will enhance the City's continuous efforts to preserve open
space and provide additional recreational opportunities for residents. This acquisition has been
reviewed pursuant to the California Environmental Quality Act (CEQA) and is exempt under
CEQA guidelines Section 15313, Class 13, as an acquisition for conservation purposes; Section
15317, Class 17, for a contract to maintain the open space character of the area; and Section
15325, Class 25, as a transfer of an ownership interest in land to preserve open space and
existing natural conditions.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Upon approval of the recommended action, revenues for Fiscal Year 2022-23 in the General
Fund Miscellaneous Revenue (Fund 100) Account 100-462101 will increase by $175,000 and
General Fund Expenditure Account 1002100-518503 will be increased by $76,500 for the
payment of Los Angeles County annual property taxes.
ATTACHMENTS
Aidlin Hills DRAFT IOD 10.04.2022
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Clarita
Attn: Community Development Director
23920 Valencia Blvd.
Santa Clarita, California 91355
Exempt from recording fee pursuant to Gov't Code § 27383
Exempt from documentary transfer tax pursuant to Rev. & Tax. Code § 11922
IRREVOCABLE OFFER OF DEDICATION AGREEMENT
This IRREVOCABLE OFFER OF DEDICATION AGREEMENT ("IOD") dated as of the
date of recordation of that certain subdivision map styled Tract Map No. 52769 ("Effective
Date"), is made and entered into by and between Lennar Homes of California, LLC, a
California limited liability company (successor -in -interest by conversion to Lennar Homes of
California, Inc.) ("Offeror") and the City of Santa Clarita, a municipal corporation ("City") with
reference to the following:
RECITALS
A. California Government Code section 7050 provides that, with the consent of the City,
an irrevocable offer of dedication may be granted for any public purpose, including, but not limited
to, an open space purpose and that the dedication may be made by instrument executed,
acknowledged and recorded in the same manner as a conveyance of real property.
B. Offeror is the legal owner of the fee estate in that certain real property located in the
unincorporated territory of the County of Los Angeles, California, as particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof ("Property").
C. By a condition of approval imposed by the Los Angeles County Regional Planning
Commission on Vesting Tentative Tract Map No. 52769 approved on October 9, 2018, Offeror
is required to convey to City that certain portion of the Property as particularly described in
Exhibit "B" attached hereto and by this reference made a part hereof ("IOD Property").
D. City desires to initially accept that portion of the IOD Property as particularly
described in Exhibit "C" attached hereto and by this reference made a part hereof and depicted
on Exhibit "C" hereto as the shaded area defined as "Dedicated Open Space" ("City IOD
Property"), which acceptance is subject to the terms, provisions and conditions of this IOD.
E. Offeror now desires to make and record this IOD for the irrevocable dedication of fee
title to the IOD Property to City in satisfaction of the requirements of Government Code section
7060 and the condition of approval referred to in Recital C and the provisions of Recitals D and E
above.
NOW, THEREFORE, in consideration of the above Recitals, and for other good and
valuable consideration, the sufficiency of which are hereby acknowledged, Offeror hereby
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irrevocably offers fee title to the IOD Property for dedication to City subject to the following terms,
provisions and conditions:
1. Irrevocable Offer of Dedication. This offer to dedicate fee title to the IOD
Property to City is irrevocable and shall be binding on Offeror, its successors and assigns, and
shall continue in effect until City accepts the entirety of the IOD Property or terminates this IOD
in accordance with the provisions of Section 3, subsection (c) hereof. Further, acceptance of this
offer to dedicate in whole or in part shall evidence agreement by the City that the IOD Property
so accepted shall remain in an open space condition in perpetuity and may not be developed in
any manner except for construction of pedestrian access trails. This encumbrance on use of the
IOD Property shall be binding on the City and its heirs, successors and assigns in accordance
with Section 7 of this IOD.
2. Conservation Easement. City understands and agrees that Offeror is committed
by the Final Streambed Alternation Agreement, Notification No. 1600-2015-0271-R5, Aidlin Hills
Development to convey a conservation easement over those small riparian areas described
therein, five (5) of which are located within the City IOD Property in the general locations depicted
on Exhibit "D" attached hereto and by this reference made a part hereof ("Conservation
Easement Areas"). City shall cooperate with Offeror in conveying a conservation easement to
the Desert and Mountains Conservation Authority, an agency of the State of California, which will
encumber the Conservation Easement Areas. The conservation easement will be in substantially
the form of the California Department of Fish and Wildlife template conservation easement
attached hereto as Exhibit "E" and by this reference incorporated herein.
3. Conditions of Title. Except as otherwise provided in this IOD including, but not
limited to, the provisions of Section 2 of this IOD, Offeror hereby warrants that there are no oral
or written leases, contracts, agreements, easements or liens of any kind or nature
("Encumbrances") that encumber all or any portion of the IOD Property with the exception of
those restrictions set forth in this IOD or appearing on the final map for Vesting Tentative Tract
Map no. 52769. Offeror agrees to defend and hold City harmless from and against any demand,
claim, lawsuit, court order or judgment related to any claim of right, title and interest in and to the
IOD Property, or any portion thereof ("Claims") (with the exception of portions of the IOD Property
that Offeror may convey to a homeowners association for purposes of maintenance of fuel
modification requirements in accordance with this IOD), and to reimburse City for any and all
losses and expenses, including reasonable attorney's fees and actual costs, occasioned by
reason of any actually known but undisclosed Claims affecting the Property. Further, in the event
any of the IOD Property accepted by the City including, but not limited to, the City IOD Property,
is subject to property taxation and assessments payable by the City, Offeror shall reimburse the
City, within thirty (30) days of written demand therefor, for such property tax and assessments
paid by the City for a period of three (3) years from the date of acceptance of each increment of
IOD Property so accepted including, but not limited to, the City IOD Property. In the event such
acceptance occurs on a date which is not the first day of the fiscal year for which property taxes
and assessments are levied, such property tax and assessment payments made by Offeror shall
be prorated on the basis of a 365 day year.
4. Time and Manner of Acceptance.
(a) City Acceptance. This offer of dedication of the IOD Property, or any portion
thereof, shall be accepted by City in compliance with all state and local laws. Such acceptance
may be, but is not limited to, acceptance by a person designated by City or through adoption of
a resolution of the City Council of City. Acceptance of all or any portion of the IOD Property shall
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be "AS IS," "WHERE IS," WITH ALL FAULTS" in its condition existing as of the date of
acceptance without any representations or warranties by Offeror whatsoever. All of the
provisions of this Section 4, subsection (a), constitute a material inducement to Offeror entering
into this IOD. No latent or patent defect in the IOD Property shall in any way give rise to any
claim or cause of action in favor of City against Offeror. The provisions of this Section 4,
subsection (a) shall survive any and all transfers of interest in the IOD Property and termination
of this IOD.
(b) City Required IOD Execution and Acceptance. On or before
2022, City shall cause this IOD to be executed; provided, however, the terms, provisions and
conditions of this IOD shall not become effective and shall be of no force or effect until reasonable
investigations of the title and condition of the City IOD Property shall have been conducted by
the City and completed, which shall occur no later than ninety (90) calendar days following the
date this IOD is executed by the City. Provided the City finds no issues with regard to title or
condition of the City IOD Property, the City shall serve notice on the Offeror within ten (10)
calendar days of completion of the aforementioned investigations in accordance with Section 6
of this IOD, whereupon all of the terms, provisions and conditions of this IOD shall become
effective. In the event City reasonably determines that there are issues concerning title and
condition of the City IOD Property, City and Offeror shall diligently pursue resolution of such
issues to the reasonable satisfaction of the City. Within ten (10) calendar days of resolution of
the aforementioned issues to the reasonable satisfaction of the City, the City shall serve notice
on the Offeror in accordance with Section 6 of this IOD, whereupon all of the terms, provisions
and conditions of this IOD shall become effective.
(c) Duration and Termination. In accordance with Government Code Section
7050, the offer of dedication of the Property contained in this IOD shall remain in effect until all
of the IOD Property is accepted by City or terminated in accordance with the provisions of this
IOD. This IOD may not be terminated or the right to accept the offer of dedication of all of the
IOD Property abandoned except by adoption of a resolution of the City Council of City in the
same manner as prescribed for vacation of streets or highways by Part 3 (commencing with
Section 8300) of Division 9 of the Streets and Highways Code.
(d) Delivery of Acceptance. Upon acceptance of the offer of dedication for all
or any portion of the Property, City shall notify Offeror in accordance with Section 6 of this IOD.
5. Liability Prior to Acceptance of Offer.
(a) City Liability. City shall incur liability and responsibility with respect to the
IOD Property only for those portions of the IOD Property accepted by City in accordance with
this IOD, including, but not limited to, the City IOD Property.
(b) Offeror Agreements Regarding Use of Property. Prior to City's acceptance
of the IOD Property, Offeror agrees that the Property will not be used in any way that will interfere
with preservation of the IOD Property in its open space condition existing on the Effective Date,
including through construction of improvements in, under or upon the Property; provided,
however, Offeror may grade that portion of the IOD Property outside the boundaries of the City
IOD Property in accordance with a grading permit issued for that purpose by the County of Los
Angeles and to perform on such portion of the IOD Property that may be graded fuel modification
activities as required by competent County of Los Angeles authority for the protection of
development to be constructed on the Property outside the boundaries of the IOD Property.
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6. Notices. Any notices that either Offeror or City are required or may desire to give
to the other regarding this IOD must be in writing and delivered to the address of the recipient as
set forth below in this Section 6 either by: (a) personal service; (b) delivery by a reputable delivery
service, including, but not limited to, Federal Express, that provides a written record of the date
and time of delivery; or (c) mailing through the United States Postal Service, certified mail,
postage prepaid, return receipt requested. City or Offeror may designate any other address for
delivery of notices regarding this IOD by written notice in accordance with this Section 6. As of
the Effective Date, the notice addresses for City and Offeror are as follows:
To City: City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
Attention: City Manager
With a copy to: Joseph Montes, City Attorney
City of Santa Clarita
c/o Burke Williams & Sorensen, LLP
444 South Flower St., Suite 2400
Los Angeles, CA 90071-2953
To Offeror: Lennar Homes of California, LLC
c/o Brian Bencz
2000 Fivepoint, 3rd Floor
Irvine, CA 92618
With a copy to: Gregory W. Sanders
Nossaman LLP
18101 Von Karman Ave., Ste. 1800
Irvine, CA 92612
7. Offer Runs with Land. The provisions of this IOD shall run with the land and inure
to the benefit of and be binding upon Offeror and all other current or future owners of the Property
and their heirs, successors or assigns, and any other person claiming an interest in the Property
through them.
8. Waiver of Compensation. Offeror hereby expressly and unconditionally waives
any and all right to claim or demand or receive any further consideration or compensation for
this IOD that Offeror may claim or be eligible to receive under the California Relocation
Assistance Act (Government Code §7260, et seq.), Article 1, §19 of the California
Constitution, the California Eminent Domain Law (Code of Civil Procedure §1230.010, et
seq.), and/or the California Code of Regulations, Title 25, or any other applicable local, state
or federal statute, ordinance, regulation, rule, or decisional law (collectively, "Compensatory
Laws"), including, but not limited to, the fair market value of the Property, severance
damages, loss of goodwill, loss of profits, relocation expenses, any benefits or assistance,
claims for unreasonable pre -condemnation activities or inverse condemnation or any other
compensation as a result of City's acceptance of the offer of dedication of the IOD Property,
as Offeror has received adequate and fair compensation for the making and giving of this
IOD through approval of development of the Property. Furthermore, Offeror hereby expressly
waives all claims against and releases City and its officials, officers, employees,
representatives, successors and assigns, from any liability, responsibility or obligation to pay
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any further compensation to Offeror related to Offeror entering into this IOD or City's
acceptance of the IOD Property, or any portion thereof, that Offeror may claim or be eligible
to receive under or pursuant to the Compensatory Laws.
9. Monetary Payment and No Trail Work. Within thirty (30) days of acceptance
of the City IOD Property, Offeror shall pay to City a donation in the amount of One Hundred
Seventy Five Thousand Dollars ($175,000.00) ("Maintenance Payment"), which amount shall
be used by City for the benefit of the City IOD Property. City shall advise the appropriate
personnel and departments of the County of Los Angeles of the provisions of this Section 9.
10. Authority to Execute. The person or persons executing this IOD on behalf of
Offeror and City warrant and represent that they have the authority to execute this IOD on behalf
of their respective entities and warrant and represent that they have the authority to bind Offeror
and City to the performance of the obligations of each hereunder.
11. Counterparts. This IOD may be executed in one or more counterparts, each of
which shall be considered an original and one in the same instrument.
12. Amendments. This IOD shall not be amended except by a written instrument
executed by Offeror and City.
13. Invalidity or Unenforceability. In the event any term, provision or condition of
this IOD is held or found to be invalid or unenforceable, the remainder of this IOD shall not be
affected thereby and shall remain in full force and effect.
[Signature(s) on following page]
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Signature Page
To
Irrevocable Offer of Dedication Agreement
IN WITNESS WHEREOF, Offeror and City have caused this IOD to be signed by their
duly authorized representatives as of the date first referenced above.
OFFEROR:
LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By: _
Name:
Its:
CITY:
CITY OF SANTA CLARITA,
a municipal corporation
By:
Name:
Its:
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A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validitv of that document.
State of California
County of
.WE
, before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Notary Public
(Seal)
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0
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Notary Public
(Seal)
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Exhibit "A"
Legal Description of Property
Real property in the unincorporated area of the County of Los Angeles, State of California,
described as follows:
PARCEL 1: (2826-020-023 AND 2826-020-03 1)
LOT 5 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 6, IN TOWNSHIP 3 NORTH, RANGE 16 WEST OF THE SAN BERNARDINO
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE
DISTRICT LAND OFFICE ON JUNE 29, 1897.
PARCEL 2: (2826-020-033)
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 3 NORTH, RANGE 16 WEST, SAN BERNARDINO MERIDIAN ACCORDING
TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE.
PARCEL 3: (2826-020-032)
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 6, TOWNSHIP
3 NORTH, RANGE 16, WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON JUNE 29,
1897.
PARCEL 4:
ANY AND ALL EASEMENTS AND RIGHTS -OF -WAY, INCLUDING RIGHTS BY
PRESCRIPTION, FOR PURPOSES OF INGRESS AND EGRESS TO AND FROM PARCEL 2
AND PARCEL 3.
PARCEL 5: (2826-020-024 AND 2826-020-030)
THE NORTH HALF OF LOT 6 AND THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH,
RANGE 16 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT OF SAID LAND, APPROVED BY THE SURVEYOR GENERAL JUNE 29, 1897.
PARCEL 6: (2826-097-003; 2826-020-020; 2826-020-021 AND 2826-020-022)
LOTS 1, 2,3 AND 4 IN SECTION 6, TOWNSHIP 3 NORTH, RANGE 16 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND
FILED IN THE DISTRICT LAND OFFICE JUNE 29, 1897.
{00060273-3}
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EXHIBIT "B"
City IOD Property
Tract No. 52796
LOTS 118,120 AND 121, INCLUSIVE, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF TRACT NO. 52796 FILED IN
BOOK PAGES _ THROUGH _ INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY.
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Attachment: Aidlin Hills DRAFT IOD 10.04.2022 [Revision 1] (Aidlin Hills Open Space Dedication)
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EXHIBIT "C.1"
LEGAL DESCRIPTION
City IOD Property
In Lot 120 of Tract No. 52796
THAT PORTION OF LOT 120 OF TRACT NO. 52796 IN THE UNINCORPORATED TERRITORY OF THE COUNTY c
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OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP FILED IN BOOK PAGES TO
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
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BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 120; THENCE ALONG THE NORTHERLY LINE Q-
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OF SAID LOT NORTH 88°25'13" EAST 1,455.63 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 120; y_
THENCE _
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LEAVING SAID NORTHERLY LINE AND ALONG THE GENERAL EASTERLY LINE OF SAID LOT 120 THE
FOLLOWING 11 COURSES:
1. SOUTH 01°34'45" EAST 106.76 FEET;
2. SOUTH 88°25'15" WEST 55.70 FEET;
3. SOUTH 56°39'40" WEST 179.40 FEET;
4. NORTH 90000'00" WEST 152.12 FEET;
5. SOUTH 30°10'17" WEST 95.08 FEET;
6. SOUTH 13°25'28" EAST 102.28 FEET;
7. SOUTH 28°05'16" WEST 86.55 FEET;
8. SOUTH 39°31'26" EAST 91.85 FEET;
9. NORTH 90000'00" EAST 54.38 FEET;
10. NORTH 25°53'28" EAST 136.79 FEET;
11. NORTH 88°25'15" EAST 146.32 FEET TO A POINT AT THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 271.08 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 42°47'00" WEST; THENCE
12. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°36'01" AN ARC DISTANCE OF
69.08 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
320.57 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58°30'54" WEST; THENCE
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13. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34040'08" AN ARC DISTANCE OF 193.97
FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
14. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°27'28" AN ARC DISTANCE OF
569.55 FEET; THENCE
15. SOUTH 20013'39" EAST 201.37 FEET; THENCE
16. SOUTH 75°15'46" WEST 88.97 FEET; THENCE
17. SOUTH 17°32'15" WEST 15.31 FEET; THENCE
18. SOUTH 31°43'50" EAST 69.51 FEET; THENCE
19. SOUTH 27°44'46" WEST 88.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 334.07 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
74°59'40" WEST; THENCE
20. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°45'43" AN ARC DISTANCE OF
360.11 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 334.27 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13-12'25" WEST; THENCE
21. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°30'36" AN ARC DISTANCE OF 253.85
FEET; THENCE
22. NORTH 59040'40" EAST 398.18 FEET; THENCE
23. SOUTH 80038'17" EAST 60.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 120; THENCE
24. SOUTHERLY ALONG SAID EASTERLY LINE OF LOT 120, SOUTH 00-10-20" EAST 238.92 FEET TO AN ANGLE
POINTTHEREIN; THENCE
25. CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF LOT 120, SOUTH 00°06'06" EAST 644.41 FEET
TO THE SOUTHEASTERLY CORNER OF SAID LOT 120; THENCE
26. ALONG THE SOUTHERLY LINE OF SAID LOT 120 SOUTH 87a21'24" WEST 2,549.88 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 120; THENCE
27. ALONG THE WESTERLY LINE OF SAID LOT 120 NORTH 00032'48" EAST 2312.35 FEET TO THE POINT OF
CONTAINING 4,114,661 SQUARE FEET OR 94.46 ACRES, MORE OR LESS.
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N'LY LINE OF LOT 120
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TRACT NO. 52796
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92 �
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TRACT NO. 52796 t
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OF LOT 120
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---------------------
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LEGEND
r--I
I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
POB POINT OF BEGINNING
FEET
500' 250' 0' 500'
INCHES
J Packet Pg. 206
EXHIBIT MAP
SHEET 2 1 13.a
EXHIBIT C.1 MAP
N88257.
N'LY LINE OF LOT 120
L2
I
/ I GENERAL
E'LY LINE OF LOT 120
N42°47'00"W (R
City IOD Property
LOT 120
TRACT NO. 52796
M.B. - -
LEGEND
r--I
I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
SEE SHEET 3
CUR11E TABLE
NO..
DELTA
R4,01115
LENOTH
Cl
143601"
271.09'
69.09'
C2
34 40 08'
320.57'
193.97'
yFgRST �
LINE TABLE
NO..
REARINO
LENGTH
L 1
50134 45 E
106.76'
L2
S8825'157Y
55.70'
L3
55639 40'W
179. 40'
L4
N900000V
152.12'
L5
53070'17'W
95.08'
L6
5132528E
102.28'
L7
52805'16'W
86.55'
L8
5393126E
91.85'
L9
N90 00 00 E
54.38'
L 10
N255328E
196.79'
L 11
N8825'15 E
146.32'
L 12
520°1339 E
201.37'
0
FEET
150' 75' 0' 150'
)67 V)
INCHES
a
J Packet Pg. 207 1
EXHIBIT MAP
SHEET 3 1 13.a
SEE SHEET 2
\N
\
�T'�U3
/1
/� S74^59'40"W (R)
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LEGEND
r--I
I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
EXHIBIT C.1 MAP
LINE TABLE
N0.
BEARING
LENGTH
L 12
5207339 E
201.37'
L13
575'1546'1N
88.97'
L 15
517732'15V
15.31 '
L 16
S314350 E
69.51 '
L 17
527*44 46'W
88.30'
L 18
58038'17 E
60.01 '
i z
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�E
S13°12'25"W (R) i
R=334.27' r� �
City IOD Property
LOT 120
TRACT NO. 52796
M.B. - -
rii viini[nFInT120
SE'LY CORNER OF
InT110
CURIE TABLE
N0.
DELTA
R40/115
LENGTH
03
43°30;36
334.27'
253.85'
0
0
ti
FEET
15075' 0' 150'
)67 V)
INCHES
J Packet Pg. 208 1
13.a
EXHIBIT "C.2"
LEGAL DESCRIPTION
City IOD Property
In Lot 121 of Tract No. 52796
THAT PORTION OF LOT 121 OF TRACT NO. 52796 IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP FILED IN BOOK PAGES TO
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT NORTHEASTERLY CORNER OF SAID LOT 121; THENCE NORTHWESTERLY ALONG THE
GENERAL NORTHEASTERLY LINE OF SAID LOT 121 THE FOLLOWING 4 COURSES:
1. SOUTH 89°30'15" WEST 50.40 FEET;
2. NORTH 45°10'15" WEST 60.71 FEET;
3. NORTH 71°14'33" WEST 125.00 FEET;
4. NORTH 15°19'45" WEST 41.77 FEET; THENCE
5. LEAVING LAST SAID NORTHEASTERLY LINE, NORTH 15°19'45" WEST40.25 FEET; THENCE
6. SOUTH 55°20'22" WEST 84.01 FEET; THENCE
7. NORTH 87°19'03" WEST 69.62 FEET; THENCE
8. NORTH 14°39'10" WEST 47.28 FEET; THENCE
9. NORTH 70°14'54" WEST 55.90 FEET; THENCE
10. SOUTH 67°06'39" WEST 70.91 FEET; THENCE
11. SOUTH 83°10'46" WEST 111.32 FEET; THENCE
12. NORTH 79°15'33" WEST 73.55 FEET; THENCE
13. SOUTH 69°52'19" WEST 143.71 FEET; THENCE
14. SOUTH 38°58'36" WEST 206.88 FEET; THENCE
15. NORTH 58°13'22" WEST 277.93 FEET; THENCE
16. NORTH 80°38'17" WEST 117.06 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 121; THENCE
17. ALONG SAID WESTERLY LINE, SOUTH 00°10'20" EAST 238.92 FEET TO AN ANGLE POINT THEREIN;
THENCE
18. CONTINUING ALONG SAID WESTERLY LINE OF LOT 121, SOUTH 00°06'06" EAST 1288.83 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LOT 121; THENCE
Page 1 of 2
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Packet Pg. 209
13.a
19. ALONG THE SOUTHERLY LINE OF SAID LOT 121, NORTH 87-01-21" EAST 1,302.91 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 121; THENCE
20. ALONG THE EASTERLY LINE OF SAID LOT 121, NORTH 00°04'51" WEST 1,274.85 FEET TO AN ANGLE
POINT THEREIN; THENCE
21. CONTINUING ALONG SAID EASTERLY LINE OF LOT 120, NORTH 00-31-53" WEST 75.45 FEET TO THE
CONTAINING 1,915,105 SQUARE FEET OR 43.96 ACRES, MORE OR LESS.
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Page 2 of 2
Packet Pg. 210
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No. PLS 8995 0
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EXHIBIT MAP
2/1/2022
SIERRA--
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TRACT NO. 527�
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S{W'LY CORNER OF
LOT 121
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I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
EXHIBIT C.2 MAP
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LOT 121
TRACT NO. 52796
M.B. - -
N870121 -E 13Uz-.Y/
S-LY LINE OF LOT 121
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LOT 121 I
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FEET
600' 300' 0' 600'
1" 36" 0" 1"
INCHES
J Packet Pg. 211 1
EXHIBIT MAP SHEET 2 1 13.a
EXHIBIT C.2 MAP
Private Driveway
and Fire Lane
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LOT 121
TRACT NO. 52796
M.B. - -
LEGEND
r--I
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SUBJECT PROPERTY
POB POINT OF BEGINNING
SEE SHEET 1
LINE TABLE
NO..
BEAR/NO
LENGTH
L 1
S89'30'151W
50.40'
L2
N45'10'15'W
60.71 '
zi
N71'143UW
125.00'
L4
N15°1945V
41.77'
L5
N15'19 45 W
40.25'
L6
5552022 W
84.01'
L7
N81-19 03 W
69.62'
LB
N1439'10'W
47.29'
L9
N70'1454W
5590'
L 10
S67'06':WW
70.91 '
L 11
58YI0 46'W
111.32'
L 12
N79'15:U W
73.55'
tit
WOW U W
75.45'
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POB
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150' 75' 0' 150'
)67 V)
INCHES
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EXHIBIT MAP SHEET 3 1 13.a
EXHIBIT C.2 MAP
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LEGEND
FHA FLOOD HAZARD AREA
r--I
I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
Private Driveway
and Fire Lane
I
City IOD Property
LOT 121
TRACT NO. 52796
Ro M.B. - -_
0
SEE SHEET
LINE TABLE
N0.
8MRING
LENGTH
L 12
N79'15:JJV
73.55'
L13
56952'19'W
14971'
L14
S3859a6V
206.88'
L 15
N8038'17'W
117.06'
a
0
W
W
I
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IW
W
cn
FEET
150' 75' 0' 150'
)67 V)
INCHES
Packet Pg. 213
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EXHIBIT "C.3"
LEGAL DESCRIPTION
City IOD Property
In Lot 118 of Tract No. 52796
THAT PORTION OF LOT 118 OF TRACT NO. 52796 IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP FILED IN BOOK PAGES TO
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 118; THENCE
1. ALONG THE EASTERLY LINE OF SAID LOT, NORTH 00°31'53" WEST 800.70 FEET TO THE SOUTHERLY
LINE OF LOT 114 OF SAID TRACT MAP; THENCE
2. LEAVING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID LOT 114, SOUTH 89°30'26"
WEST 111.66 FEET; THENCE
3. SOUTH 58°11'28" WEST 461.34 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 221.73 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
54°02'35" WEST; THENCE
4. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°35'35" AN ARC DISTANCE
OF 126.13 FEET; THENCE
S. SOUTH 57°21'21" WEST 331.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE
6. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°10'25" AN ARC DISTANCE
OF 19.99 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 100.00 FEET; THENCE
7. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°54'19" AN ARC DISTANCE OF
60.92 FEET; THENCE
8. SOUTH 66°14'36" WEST 15.58 FEET; THENCE
9. SOUTH 01°44'08" WEST 37.60 FEET; THENCE
10. SOUTH 83°49'10" EAST 123.37 FEET; THENCE
11. SOUTH 30°43'17" EAST 101.71 FEET; THENCE
12. SOUTH 77°27'04" EAST 111.76 FEET; THENCE
13. SOUTH 84°56'28" EAST 152.96 FEET; THENCE
Page 1 of 2
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Packet Pg. 214
14. NORTH 28'40'09" EAST 36.28 FEET; THENCE
15. NORTH 69*26'03" EAST 87.84 FEET; THENCE
16. NORTH 89*06'55" EAST 148.79 FEET; THENCE
17. SOUTH 59*18'17" EAST 38.57 FEET; THENCE
18. SOUTH 04*23'48" WEST 52.51 FEET; THENCE
19. SOUTH 87041'21" EAST 42.75 FEET; THENCE
20. SOUTH 52049'44" EAST 92.07 FEETTO THE WESTERLY LINE OF LOT 112 OF SAID MAP; THENCE
21. ALONG SAID WESTERLY LINE OF LOT 118, NORTH 32-51-24" EAST 23.49 FEET TO THE NORTHERLY LINE
OF SAID LOT 112; THENCE
22. ALONG SAID NORTHERLY LINE OF LOT 112, NORTH 89-30'15" EAST 75.27 FEET TO THE POINT OF
BEGINNING.
CONTAINING 452,156 SQUARE FEET OR 10.38 ACRES, MORE OR LESS.
No. PILS 8995 A
NE
Page 2 of 2
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EXHIBIT MAP
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TRACT NO. 52796
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TRACT NO.43896-07
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TRACT NO. 43896
M.B.1260-29-34
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FEET
600' 300' 0' 600'
IN( I-IFq
Attachment: Aidlin Hills DRAFT IOD 10.04.2022 [Revision 1] (Aidlin Hills Open Space Dedication)
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EXHIBIT MAP
_ EXHIBIT C.3 MA
_SIERRA TER
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SHEET 2 13.a
52Y LINE OF LOT
\ 114
L1
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LOT 118
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City IOD Property
1 i2� LOT 118
TRACT NO. 52796
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LINE TABLE
NO..
BEARING
LENGTH
L 1
589302611N
111.66'
L2
5667436V
15.58'
L3
50144 08V
37.60'
L4
58Y4910 E
12J37'
L5
5 O?X17E
101.71'
L6
5772704E
111.76'
L7
5845628 E
152.96'
L8
N28'40299't
36.28'
L9
N6976 03 E
87.84'
L 10
N890655 E
148.79'
L ll
559'1817't
38.57'
L 12
5042348W
52.51'
L 13
5874121E
42.75'
L 14
552 49 44 E
92.07'
L 15
N325124 2-23.49'
L 16
N893015 2-1
75.27'
r--I
LEGEND
I--� LIMITS OF IOD PROPERTY
SUBJECT PROPERTY
POB POINT OF BEGINNING
Private Driveway
and Fire Lane
FH FLOOD HAZARD AREA
CME TABLE
NO..
DELTA
RADIUS
LENGTH
Cl
3235:35"
221.73'
126.19'
02
38°1025"
30.00'
19.99'
C3
345479"
100.00'
60.92'
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150' 75' 0' 15
1" 3�1 0" 1"
I N C Packet Pg. 217
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EXHIBIT E
Conservation Easement Template
13.a
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO, -
(Grantee)
With a copy to: }
State of California }
Department of Fish and Wildlife
Attn: Habitat Conservation Planning Branch }
1416 Ninth Street, Room 1266 }
Sacramento, CA 95814 }
Space Above Line for Recorder's Use Only
CONSERVATION EASEMENT DEED
(including Third -Party Beneficiary)
THIS CONSERVATION EASEMENT DEED ("Conservation Easement") is made as of
, 20 , by [insert full legal name(s) of Grantor(s)] ("Grantor"), in favor of
[insert full legal name of Grantee] ("Grantee'), with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of certain real property containing
approximately [insert number] acres of land, located In the [insert name of City if within City
limits: City of ,] County of [ J, State of California, designated Assessor's
Parcel Number(s) [insert APN(s)] ("Property'). The Property is legally described and depicted in
Exhibit A attached to this Conservation Easement and incorporated in it by this reference,
Grantor intends to grant a conservation easement over a -acre portion of the Property
("Easement Area"). The Easement Area is legally described and depicted in Exhibit 8 attached
to this Conservation Easement and incorporated in it by this reference.
B_ The Easement Area is in an unimproved [OR a predominately unimproved]
natural condition and possesses wildlife and habitat values of great importance to Grantee, the
California Department of Fish and Wildlife ("CDFW'), and the people of the State of California.
The Easement Area provides high quality habitat for [list plant and/or animal species] and
contains (list habitatsl. i ndividuaily and coliectiveiy, these wildlife and habitat values comprise
the "Conservation Values" of the Easement Area.
C. Grantee is authorized to hold conservation easements pursuant to Civil Code
section 815.3. Specifically, Grantee is a tax-exempt nonprofit organization qualified under
section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified to do
business in California which has as its primary purpose the preservation, protection or
enhancement of land in its natural, scenic, historical, agricultural, forested, or open -space
Rev. 2014.6.1.
Packet Pg. 219
P!_EASE NOTE
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
condition or use-
D. CDFW has jurisdiction, pursuant to 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, and CDFW is authorized to
hold conservation easements for these purposes pursuant to Civil Code section 815-3, Fish and
Game Code section 1348, and other provisions of California law.
E. This Conservation Easement provides mitigation for certain impacts of [describe
projects located in the [insert name of City if within City limits: City of L t,]
County of L 1, State of California, pursuant to the Agreement regarding
Proposed Stream or Lake Alteration (Notification No. ) executed by [insert full
name(s) ofapplicant(s)Jand CDFW, and the Mitigation Plan created thereunder.
COVENANTS TERMS CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and pursuant to California law, including Civil Code section 815, et seq., Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over
the Easement Area.
1. Purposes. The purposes of this Conservation Easement are to ensure the
Easement Area will be retained forever in its natural, restored, or enhanced condition and to
prevent any use of the Easement Area that will impair or interfere with the Conservation Values
of the Easement Area. Grantor intends that this Conservation Easement will confine the use of
the Easement Area to activities that are consistent with such purposes, including, without
limitation, those involving the preservation, restoration, and enhancement of native species and
their habitats.
2. Grantee's Rights. To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee and to CDFW as a third -party
beneficiary of this Conservation Easement:
(a) To preserve and protect the Conservation Values of the Easement Area;
(b) To enter the Property at reasonable times in order to access the
Easement Area to monitor compliance with and otherwise enforce the terms of this
Conservation Easement, and for scientific research and interpretive purposes by Grantee or its
designees and CDFW or its designees, provided that neither Grantee nor CDFW shall
unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Property;
(c) To prevent any activity on or use of the Easement Area that is
inconsistent with the purposes of this Conservation Easement and to require the restoration of
such areas or features of the Easement Area that may be damaged by any act, failure to act, or
any use or activity that is inconsistent with the purposes of this Conservation Easement,
(d) To require that all mineral, air and water rights as Grantee or CDFW
deems necessary to preserve, protect, and sustain the biological resources and Conservation
Rev. 2014.6. t.
Packet Pg. 220
0
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wifdlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
Values of the Easement Area shall remain a part of and be Taut to beneficial use upon the
Easement Area, consistent with the purposes of this Conservation Easement; and
(e) All present and future development rights appurtenant to, allocated,
implied, reserved or inherent in the Easement Area; such rights are hereby terminated and
extinguished, and may not be used on or transferred to any portion of the Easement Area, the
Property, nor any other property adjacent or otherwise.
3. Prohibited Uses. Any activity on or use of the Easement Area that is inconsistent
with the purposes of this Conservation Easement is prohibited. Without limiting the generality of
the foregoing, the following uses and activities by Grantor, Grantor's agents, and third parties
are expressly prohibited:
(a) Unseasonable watering; use of chemical fertilizers, pesticides, biocides,
herbicides, rodenticides, fungicides or other agents; weed abatement activities; incompatible fire
protection activities; and any and all other activities and uses which may adversely affect the
Conservation Values of the Easement Area or otherwise interfere with the purposes of this
Conservation Easement;
(b) Use of off -road vehicles and use of any other motorized vehicles except
on existing roadways;
(c) Agricultural activity of any kind, (add if appropriate: except grazing for
vegetation management if done in accordance with a grazing or management plan for the
Easement Area approved by Grantee and CDFWJ;
(d) Recreational activities including, but not limited to, horseback riding,
biking, hunting or fishing, [add if appropriate: except such activities as are consistent with the
purposes of this Conservation Easement and carried out in accordance with a management
plan for the Easement Area approved by Grantee and CDFWJ;
(e) Commercial, industrial, institutional, or residential structures or uses;
(f) Any legal or de facto division, subdivision or partitioning of the Property,
including a request for a certificate of compliance pursuant to the Subdivision Map Act (Gov.
Cade section 66499.35);
(g) Construction, reconstruction, expansion, location, relocation, installation,
or placement of any building, billboard or sign, or any other structure or improvement of any
kind;
(h) Deposit or accumulation of soil, trash, ashes, refuse, waste, bio-solids or
any other materials-
(i) Planting, introduction, or dispersion of non-native or exotic plant or animal
species;
0) Filling, dumping, excavating, draining, dredging, mining, drilling, removing
or exploring for or extracting minerals, loam, soil, sands, gravel, rocks or other material on or
below the surface of the Easement Area, or granting or authorizing surface entry for any such
purpose;
Rev. 2014.6.1,
Packet Pg. 221
0
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
(k) Altering the surface or general topography of the Easement Area,
including building roads or trails, or paving or otherwise covering any portion of the Easement
Area;
(1) Removing, disturbing, altering, destroying, or cutting of trees, shrubs or
other vegetation, except as required by law and in conformance with a management plan
approved by Grantee and CDFW for (1) fire breaks, (2) maintenance of existing foot trails or
roads, or (3) prevention or treatment of disease;
(m) Manipulating, impounding or altering any natural water course, body of
water or water circulation on the Easement Area, and activities or uses detrimental to water
quality, including but not limited to degradation or pollution of any surface or sub -surface waters;
(n) Without the prior written consent of Grantee and CDFW, which Grantee
and CDFW each may withhold, transferring, encumbering, selling, leasing, or otherwise
separating the mineral, air, or water rights for the Easement Area; changing the place or
purpose of use of the water rights; abandoning or allowing the abandonment of, by action or
inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights,
wells, ground water rights, or other rights in and to the use of water historically used on or
otherwise appurtenant to the Easement Area, including but not limited to: (1) riparian water
rights; (2) approphative water rights; (3) rights to waters which are secured under contract with
any irrigation or water district, to the extent such waters are customarily applied to the
Easement Area; and (4) any water from wells that are in existence or may be constructed in the
future on the Easement Area; and
(o) Any activity or use that may violate or fail to comply with relevant federal,
state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the
activity or use in question.
(p) [insert additional prohibitions as appropriate for the particular
Easement Area and its Conservation Values.]
4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the Conservation
Values of the Easement Area. In addition, Grantor shall undertake all necessary actions to
perfect the rights of Grantee and CDFW under Section 2 of this Conservation Easement.
5. Reserved Rights. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the
1 Easement Area,
t! llsl [A 1�iil;g f[ 3 ! i t [ ll/ 61 E� G In V{ iV pal 1 E lit or it l itte othei .. L engage �j, all uses Of the
Easement Area that are not expressly prohibited or limited by, and are consistent with the
purposes of, this Conservation Easement.
6. Grantee's Remedies.
(a) CDFW, as a third party beneficiary of this Conservation Easement, shall
have the same rights and remedies as Grantee under this Section 6. if Grantee determines that
a violation of the terms of this Conservation Easement has occurred or is threatened, Grantee
shall give written notice to Grantor of such violation and demand in writing the cure of such
violation ("Notice of Violation"). At the time of giving any such notice, Grantee shall dive a copy
of the notice to CDFW (or, if CDFW gives a Notice of Violation it shall also give a copy of the
Rev. 2014.6.1,
Packet Pg. 222
PLEASE NOTE:
This sample Conservation Easement is provided for reference_ The (Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
notice to Grantee)_ Notice shall be provided in accordance with Section 20 of this Conservation
Easement.
(b) If Grantor fails to cure the violation within fifteen (15) days after receipt of
the Notice of Violation, or if the cure reasonably requires more than fifteen (15) days to
complete and Grantor fails to begirt the cure within the fifteen (15)-day period or tails to continue
diligently to complete the cure, Grantee may bring an action at law or in equity in a court of
competent jurisdiction for any or all of the following: to recover any damages to which Grantee
may be entitled for violation of the terms of this Conservation Easement or for any injury to the
Conservation Values of the Easement Area; 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; to pursue any other legal or equitable relief,
including, but not limited to, the restoration of the Easement Area to the condition in which it
existed prior to any such violation or injury; or to otherwise enforce this Conservation Easement.
Without limiting the liability of Grantor, Grantee may apply any damages recovered to the cost of
undertaking any corrective action on the Easement Area.
(c) If Grantee, in its sole discretion, determines that circumstances require
immediate action to prevent or mitigate injury to the Conservation Values of the Easement Area,
Grantee may pursue its remedies under this Conservation Easement without prior notice to
Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this
section apply equally to actual or threatened violations of the terms of this Conservation
Easement.
(d) Grantor agrees that Grantee's remedies at law for any violation of the
terms of this Conservation Easement are inadequate and 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
Conservation 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.
(e) If at any time in the future Grantor or any subsequent transferee uses or
threatens to use the Easement Area for purposes inconsistent with this Conservation Easement
then, despite the provisions of Civil Code section 815.7, the California Attorney General, any
person and any entity with a justiciable interest in the preservation of this Conservation
Easement has standing as an interested party in any proceeding affecting this Conservation
Easement.
7_ Costs of Enforcement. Grantor shall bear all costs incurred by Grantee or
CDFW, where it is a prevailing party in enforcing the terms of this Conservation Easement
against Grantor. These costs include, but are not limited to, the following: costs of suit and
attorneys' and experts' fees, and any costs for restoration necessitated by Grantor's negligence
or breach of this Conservation Easement.
8. Discretion of Grantee and CDFW. Enforcement of the terms of this Conservation
Easement by Grantee or CDFW shalt be at the discretion of the enforcing party; and any
forbearance by Grantee or CDFW to exercise its rights under this Conservation Easement in the
event of any breach of any term of this Conservation Easement shall not be deemed or
Rev. 2014.6.1.
Packet Pg. 223
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
construed to be a waiver by Grantee or CDFW of such term or of any subsequent breach of the
same or any other term of this Conservation Easement or of any rights of Grantee or CDFW
under this Conservation Easement. No delay or omission by Grantee or CDFW in the exercise
of any right or remedy shall impair such right or remedy or be construed as a waiver.
9. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or CDFW to bring any action against Grantor for
any injury to or change in the Easement Area resulting from (i) any natural cause beyond
Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth
movement, or any prudent action taken by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to the Easement Area resulting from such causes; or (ii) acts
by Grantee or its employees or CDFW or its employees.
10. CDFW RLqht of Enforcement. All rights and remedies conveyed to Grantee
under this Conservation Easement shall extend to and are enforceable by CDFW. These
enforcement rights are in addition to, and do not limit, the rights of enforcement under the
Agreement Regarding Proposed Stream or Lake Alteration (Notification No. _ ).
11. Fence Installation and Maintenance. Grantor shall install and maintain a fence
reasonably satisfactory to Grantee and CDFW around the Easement Area to protect the
Conservation Values of the Easement Area.
12. Access. This Conservation Easement does not convey a general right of access
to the public.
13. Costs and Liabilities. Grantor retains all responsibilities and small bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the Easement Area. Grantor agrees that neither Grantee nor CDFW shall
have any duty or responsibility for the operation, upkeep or maintenance of the Property, the
monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third
parties from risks relating to conditions on the Property. Grantor remains solely responsible for
obtaining any applicable govemmentai permits and approvals required for any activity or use
permitted by this Conservation Easement, including those required from CDFW acting in its
regulatory capacity, and any activity or use shall be undertaken in accordance with all applicable
federal, state, local and administrative agency statutes, codes, ordinances, rules, regulations,
orders and requirements.
14. Taxes- No Liens. Grantor shall pay before delinquency all taxes, assessments
(general and special), fees, and charges of whatever description levied on or assessed against
the Property, including the Easement Area, by competent authority (collectively "Taxes"),
including any Taxes imposed upon, or incurred as a result of, this Conservation Easement, and
shall fumish Grantee and CDFW with satisfactory evidence of payment upon request_ Grantor
shall keep the Easement Area free from any liens (other than a security interest that is expressly
subordinate to this Conservation Easement as provided in Section 220)), including those arising
out of any obligations incurred by Grantor for any labor or materials furnished or alleged to have
been furnished to or for Grantor at or for use on the Property, including the Easement Area.
15. Hold Harmless. Grantor shall hold harmless, protect, and indemnify Grantee and
its directors, officers, employees, agents, contractors, and representatives and the heirs,
personal representatives, successors and assigns of each of them (each a "Grantee
Rev. 2014.6.1.
Packet Pg. 224
0
PLEASE NOTE -
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
Indemnified Party" and, collectively, "Grantee's Indemnified Parties") and CDFWand its
directors, officers, employees, agents, contractors and representatives, and the heirs, personal
representatives, successors and assigns of each of them (each a "CDFW Indemnified Party"
and, collectively, "CDFVVs Indemnified Parties") from and against any and all liabilities,
penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys'
fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a
"Claim" and, collectively, "Claims"), arising from or in any way connected with: (1) injury to or
the death of any person, or physical damage to any property, resulting from any act„ omission,
condition, or other matter related to or occurring on or about the Property, regardless of cause,
except that this indemnification shall be inapplicable (a) to Grantee's Indemnified Parties with
respect to any Claim due solely to the negligence of Grantee and (b) to CDFVV's Indemnified
Parties with respect to any Claim due solely to the negligence of CDFW; (2) the obligations
specified in Sections 4, 13, and 14, and (3) the existence or administration of this Conservation
Easement. If any action or proceeding is brought against any of the CDF's Indemnified
Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice
from CDFW, defend such action or proceeding by counsel reasonably acceptable to the CDFW
Indemnified Party or reimburse CDFW for all charges incurred for services of the California
Attomey General in defending the action or proceeding.
16. Extinguishment. If circumstances arise in the future that render the purposes of
this Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent
jul isd€ctlon_
17. Condemnation. Pursuant to Code of Civil Procedure section 1240.055, this
Conservation Easement is "property appropriated to public use," as used in Article 6
(commencing with section 1240.5101 and Article 7 (commencing with section 1240.610) of
Chapter 3 of Title 7 of the Code of Civil Procedure. A person authorized to acquire property for
public use by eminent domain shall seek to acquire the Property, if at all, only as provided in
Code of Civil Procedure section 1240.055. CDFW is a public entity that imposed conditions on
approval of a project that were satisfied, in whole or in part, by the creation of this Conservation
Easement- If any person seeks to acquire the Property for public use, Grantee shall provide
notice to CDFW and comply with all obligations of the holder of a conservation easement under
Code of Civil Procedure section 1240.055. If the Conservation Easement is condemned, the
net proceeds from the condemnation shall be used in compliance with Government Code
section; 559660)•]
18. Transfer of Easement. This Conservation Easement may be assigned or
transferred by Grantee only to CDFW or another entity or organization authorized to acquire and
hold conservation easements pursuant to Civil Code section 815.3 and Government Code
section 65967] (and any successor or other provisions then applicable) or the laws of the United
States_ Grantee shall require the assignee to record the assignment in the county where the
Property is located. The failure of Grantee to perform any act provided in this section shall not
impair the validity of this Conservation Easement or limit its enforcement in any way.
19. Transfer of Property. Grantor agrees to incorporate the terms of this
Conservation Easement by reference in any deed or other legal instrument by which Grantor
divests itself of any interest in all or any portion of the Property, including, without limitation, a
Rev. 2014.6. t .
Packet Pg. 225
0
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
leasehold interest. Grantor further agrees to give written notice to Grantee and CDFW of the
intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Grantee
or CDFW shall have the right to prevent subsequent transfers in which prospective subsequent
claimants or transferees are not given notice of the terms, covenants, conditions and restrictions
of this Conservation Easement. The failure of Grantor, Grantee, or CDFW to perform any act
provided in this section shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
Rev. 201 4.6.1.
Packet Pg. 226
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and rt does not necessarily contain all provisions appropriate for a given project.
20_ Notices. Any notice, demand, request, consent, approval, or other
communication that any party desires or is required to give to the other parties shall be in writing
and be served personally or sent by recognized overnight courier that guarantees next -day
delivery or by first class United States mail, postage fully prepaid, and addressed as follows:
To Grantor:
[Name]
[Address]
[City, State Zip]
[Attn:]
To Grantee_
[Name]
[Address]
[City, State Zip]
[Attn:]
To CDFW.-
Department of Fish and Wildlife
South Coast Region
3883 Ruffin Road
San Diego, California 92123
Attn: Regional Manager
Copy to:
Department of Fish and Vifildlife
Office of the General Counsel
1416 Ninth Street, 12th Floor
Sacramento, California 95814-2090
Attn: General Counsel
or to such other address as Grantor, Grantee, or CDFW shall designate by written notice to the
other parties. Notice shall be deemed effective upon delivery in the case of personal delivery or
delivery by overnight courier or, in the case of delivery by first class mail, three (3) days after
deposit into the United States mail.
21. Amendment_ This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement and subject to the prior written consent of CDFW.
Any such amendment shall be consistent with the purposes of this Conservation Easement and
California law governing conservation easements and shall not affect its perpetual duration.
Any such amendment shall be recorded in the Official Records of the county in which the
Property is located.
22_ Additional Provisions_
(a) Controlling Law. The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California; disregarding the conflicts of
law principles of such state.
(b) Liberal Construction. Despite any general rule of construction to the
contrary, this Conservation Easement shall be liberally construed to accomplish the purposes of
this Conservation Easement and the policy and purpose of Civil Code section 815, et seq. If
any provision in this instrument is found to be ambiguous, an interpretation consistent with the
Rev. 2014.6.1.
Packet Pg. 227
PLEASE DOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
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, such action shall not affect the remainder of
this Conservation Easement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to any other persons or circumstances.
(d) Entire Agreement_ This instrument and the Agreement Regarding
Proposed Stream or take Alteration (Notification No. ) together set forth the
entire agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings, or agreements of the parties relating to the
Conservation Easement. No alteration or variation of this instrument shall be valid or binding
unless contained in an amendment in accordance with Section 21.
(e) No Forfeiture. Nothing contained in this Conservation Easement will
result in a forfeiture or reversion of Grantor's title in any respect. Notwithstanding the foregoing,
if CDFW reasonably determines that this Conservation Easement is not being held, monitored,
or stewarded for conservation purposes in accordance with the requirements of Government
Code section 65967(e), then pursuant to Government Code section 65967(e) the Conservation
Easement shall revert to CDFW or to another public agency, governmental entity, special
district, or nonprofit organization approved in advance in writing by CDFW.
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties and their
respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Property.
(g) Termination of Rights and Obligations. A party's rights and obligations
under this Conservation Easement terminate upon transfer of the party's interest in the
Conservation Easement or Property, except that liability for acts, omissions, or breaches
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) No Hazardous Materials Liabilit .
(1) Grantor represents and warrants to Grantee and CDFW that it has
no knowledge or notice of any Hazardous Materials (defined below) or underground storage
tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned
in, on, under, or from the Property, or transported to or from or affecting the Property. All
references to "Property" in this Section 22 (i) include, but are not limited to, the Easement Area..
(2) Without limiting the obligations of Grantor under Section 15 of this
Conservation Easement, Grantor hereby releases and agrees to indemnify, protect and hold
harmless the Grantee's Indemnified Parties and the CDFWs Indemnified Parties (each as
defined in Section 15) from and against any and all Claims arising from or connected with any
Hazardous Materials or underground storage tanks present, alleged to be present, released in,
Rev. 2014.6.1,
Packet Pg. 228
PLEASE NOTE:
—his sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project
from, or about, or otherwise associated with the Property at any time, except that (A) this
indemnification shall be inapplicable to the Grantee's Indemnified Parties with respect to any
Hazardous Materials placed, disposed, or released by Grantee and (B) this indemnification shall
be inapplicable to the CDFW°s Indemnified Parties with respect to any Hazardous Materials
placed, disposed, or released by CDFW. This release and indemnification includes, without
limitation, Claims for injury to or death of any person or physical damage to any property; and
the violation or alleged violation of, or other failure to comply with, any Environmental Laws
(defined below). If any action or proceeding is brought against any of the CDFWs Indemnified
Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice
from CDFW, defend such action or proceeding by counsel reasonably acceptable to the CDFW
Indemnified Party or reimburse CDFW for all charges incurred for services of the California
Attorney General in defending the action or proceeding.
(3) Despite any contrary provision of this Conservation Easement, the
parties do not intend this Conservation Easement to be, and this Conservation Easement shall
not be, construed such that it creates in or gives to Grantee or CDFW any of the following:
(A) The obligations or liability 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
(B) The obligations or liabilities of a person described in 42
U.S.C. section 9607(a)(3) or (4); or
(C) The obligations of a responsible person under any
applicable Environmental Laws; or
(D) The right or duty to investigate and remediate any
Hazardous Materials associated with the Property; or
(E) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
(4) 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 Resource Conservation and
Recovery Act of 1976 (42 U.S.C. section 6901, et seq.; hereinafter "RCRA"); the Hazardous
Materials Transportation Act (49 U.S.C. section 6901, et seq.; hereinafter "HTA"); the
Hazardous Waste Control Law (Health & Saf. Code section 25100, et seq.; hereinafter "HCL");
the Carpenter -Presley -Tanner Hazardous Substance Account Act (Health & Saf. Code section
25300, et seq.; hereinafter "HSA"), and in the regulations adopted and publications promulgated
pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the
date of this Conservation Easement.
(5) The term "Environmental Laws" includes, without limitation,
CERCLA, RCRA, HTA, HCL, HSA, and any other federal, state, local or administrative agency
statute, code, ordinance, rule, regulation, order or requirement relating to pollution, protection of
human health or safety, the environment or Hazardous Materials. Grantor represents, warrants
Rev. 2014. & 1.
Packet Pg. 229
13a
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project,
and covenants to Grantee and CDFW that activities upon and use of the Property by Grantor, its
agents, employees, invitees and contractors will comply with all Environmental Laws.
0) Warranty. Grantor represents and warrants that Grantor is the sole
owner of fee simple title to the Property; that the Property is not subject to any other
conservation easement; and there are no outstanding mortgages, liens, encumbrances or other
interests in the Property (including, without limitation, water and mineral interests) that may
conflict or are otherwise inconsistent with this Conservation Easement and which have not been
expressly subordinated to this Conservation Easement by a written, recorded Subordination
Agreement approved by Grantee and CDFW.
(k) Additional Easements_ Grantor shall not grant any additional easements,
rights of way, or other interests in the Property (other than a security interest that is expressly
subordinated to this Conservation Easement), or grant, transfer, abandon, or relinquish (each a
`Transfer") any mineral, air, or water right, or any water associated with the Property, without
first obtaining the written consent of Grantee and CDFW. Grantee or CDFW may withhold such
consent if it determines that the proposed interest or Transfer is inconsistent with the purposes
of this Conservation Easement or may impair or interfere with the Conservation Values of the
Easement Area. This section shall not limit the provisions of Sections 2(d) or 3(n), nor prohibit
transfer of a fee or leasehold interest in the Property that is subject to this Conservation
Easement and complies with Section 19 Grantor shall provide a certified copy of any recorded
or unrecorded grant or Transfer document to Grantee and CDFW.
M Recording. Grantee shall record this Conservation Easement in the
Official Records of the county in which the Property is located, and Grantee or CDFW may re-
record it at any time as it deems necessary to preserve its rights in this Conservation Easement.
Rev. 2014.6.1.
Packet Pg. 230
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
(m) Exhibits_ The following Exhibits referenced in this Conservation
Easement are attached to and incorporated by reference in this Conservation Easement:
EXHIBIT A — Legal Description and Map of Property
EXHIBIT B — Legal Description and Map of Easement Area
IN WITNESS WHEREOF Grantor has executed this Conservation Easement as of the
day and year first above written.
GRANTOR:
Insert full legal name of Grantor
BY:
NAME. -
TITLE:.
DATE:
[NOTE. ATTACH EXHIBITS AND FORM OF NOTARYACK1i OWL.EDGJMENTI
Rev. 2014.6.1.
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