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2026-07-14 - AGENDA REPORTS - AIDLIN HILLS OPEN SPACE IRREVOCABLE OFFER OF DEDICATION AMEND
Agenda Item• 13 CITY OF SANTA CLARITA .` AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: July 14, 2026 SUBJECT: AMENDMENT TO THE AIDLIN HILLS OPEN SPACE IRREVOCABLE OFFER OF DEDICATION OF REAL PROPERTY (AIDLIN HILLS DEVELOPMENT) OF 147 +/- ACRES IN UNINCORPORATED LOS ANGELES COUNTY DEPARTMENT: Neighborhood Services PRESENTER: Susan Nelson RECOMMENDED ACTION City Council: Approve the amended Irrevocable Offer of Dedication (IOD) with Lennar Homes of California, LLC, including the acceptance of approximately 147 +/- acres, in a form reviewed by the City Attorney and substantially similar to the draft attached as Exhibit A. 2. Authorize the City Manager, or designee, to execute all documents, subject to final language approval by the City Manager and City Attorney review. 3. Find this acquisition exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15313 (Class 13); Section 15317 (Class 17); and Section 15325 (Class 25). BACKGROUND On December 13, 2022, City Council approved an Irrevocable Offer of Dedication (IOD) to accept the dedication of 149+/- acres of open space from Lennar Homes of California, LLC (Lennar). The document was subsequently recorded on February 1, 2023, by the Los Angeles County Recorder's Office. The open space land offer of dedication is part of Lennar's Aidlin Hills project located at the west end of Pico Canyon Road, outside of the City of Santa Clarita (City) limits, within the Open Space Acquisition Boundary. In April 2026, Lennar contacted City staff regarding the need to revise the executed IOD; specifically, to amend the open space dedication boundaries. The needed open space dedication Page 1 Packet Pg. 111 boundary adjustment addresses changes to the wildfire fuel modification zones and grading limits. The updated legal description of the open space land eliminates areas requiring wildfire fuel modification and manufactured slopes, with ownership being retained by Lennar and ultimately the homeowners' association. The proposed revisions result in a reduction of 2+/- acres of open space land being dedicated to the City, resulting in 147+/- acres of open space being offered. An additional revision included allows the City permanent rights to cross land owned by Lennar and, ultimately, the homeowners' association for purposes of ingress and egress to the City's dedicated open space. The project is exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15313 (Class 13); Section 15317 (Class 17); and Section 15325 (Class 25). A Class 13 exemption consists of the acquisition of lands for fish and wildlife conservation purposes. A Class 17 exemption consists of the acceptance of easements or fee interests in order to maintain the open space character of the area. A Class 25 exemption consists of transferring ownership of interests in land to preserve open space, habitat, or historical resources The amended offer of dedication continues to enhance the City's efforts to preserve open space and provide outdoor recreational opportunities for residents. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact related to this item. ATTACHMENTS Aidlin Hills IOD Site Map Aidlin Hills IOD Draft (available in the City Clerk's Reading FIle) Page 2 Packet Pg. 112 r s. �/Cp CANDY pN RD Jv Recording Requested By: AND When Recorded Mail To NAME City Clerk TITLE City of Santa Clarita AGENCY 23920 Valencia Blvd. ADDRESS Santa Clarita CITY STATE & ZIP CA 91355 SPACE ABOVE LINE RESERVED FOR RECORDER'S USE IRREVOCABLE OFFER OF DEDICATION AGREEMENT AIDLIN HILLS 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") is made and entered into this day of , 2026 ("Effective Date") by and between Lennar Homes of California, LLC, a California limited liability company (successor 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 above and the provisions of Recitals D above and this Recital E. NOW, THEREFORE, in consideration of the above Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Offeror hereby 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 supersedes and replaces in its entirety that certain Irrevocable Offer of Dedication Agreement by and between Lennar Homes of California, LLC and the City of Santa Clarita recorded as Instrument no. 20230066176 on February 1, 2023 in the Official Records of the County Recorder, County of Los Angeles, California ("Original IOD"), which Original IOD shall be of no further force or effect. This Irrevocable Offer of Dedication Agreement 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 4, 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; provided, however, it is expressly understood by City that Offeror and its successors and assigns shall be permitted to undertake all fuel modification activities necessary and required on the IOD Property that is outside the City IOD Property by competent governmental authority including, but not limited to, the Los Angeles County Fire Department, the City of Santa Clarita Fire Department, CalFire and all other government agencies having jurisdiction over fuel modification requirements . 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. Further, in recognition of City's need to access the City IOD Property for maintenance and other purposes consistent and in accordance with this Irrevocable Offer of Dedication Agreement, Offeror grants to City and its successors and assigns a perpetual right of entry over, across and through the IOD Property for ingress and egress to and from the City IOD Property for such maintenance and other purposes ("Right of Entry"). Such right of entry may be exercised by the City at such points used for access by Offeror and its successors and assigns for performance of fuel modification and other fire prevention activities on the IOD Property not included within the City IOD Property. Offeror further covenants and agrees that any future conveyance of such IOD Property by Offeror and its successors and assigns must include an affirmative covenant vesting in City the Right of Entry. City agrees to indemnify defend and hold harmless Offeror and its successors and assigns from and against any and all liabilities, claims, lawsuits, judgments, and damages in any manner pertaining to exercise and use of the Right of Entry granted in accordance with this Section 1, except for liabilities, claims, lawsuits, judgements or damages arising from latent defects attributable to Offeror (or its predecessors). Accordingly, this does not constitute a defense and indemnification agreement governed by 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; "CERCLA"). 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 State of California, by and through the State Department of Fish and Wildlife, and/or 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 pay such property tax and assessments 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 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 10D. 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 20_, City shall cause this IOD to be executed and recorded in the Official Records of the Office of the County Recorder, County of Los Angeles, California; 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 thirty (30) 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 10D, whereupon all of the terms, provisions and conditions of this IOD shall become effective. In the event no notice is received by Offeror within such ten (10) day period, it shall be conclusively presumed that City has no issues with the title or condition of the City IOD Property, and all of the terms, provisions and conditions of this IOD shall automatically become effective. In the event City reasonably determines that there are issues concerning title and/or condition of the City IOD Property, City and Offeror shall resolve such issues to the reasonable satisfaction of the City within thirty (30 calendar days of receipt of the aforementioned notice, whereupon all of the terms, provisions and conditions of this IOD shall become effective. No later than forty-five (45) calendar days following execution and recordation of this IOD by City, City shall take such action as is required to accept dedication of no less than the entirety of the City IOD Property. (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 3 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 100 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. 6. Notices. Any notices that either Offeror or City are required or may desire to give to the other regarding this 100 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 100 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 El 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 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 entirety 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. 5 [Signature(s) on following page] Signature Page To Irrevocable Offer of Dedication Agreement IN WITNESS WHEREOF, Offeror and City have caused this 100 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: 7 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) 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) 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. EXHIBIT "B" 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. MIKE LOPEZ DATE: December 2, 2022. PLS 8995 CITY IOD PROPERTY TOTAL OPEN SPACE - 1 b ACRES wmc an m wwrr ,nu.,w 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 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 NORTHWESTERLY CORNER OF SAID LOT 120; THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 88'25'13" EAST 1,455.63 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 120; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE GENERAL EASTERLY LINE OF SAID LOT 120 THE FOLLOWING 11 COURSES: 1. SOUTH 01 034'45" EAST 106.76 FEET; 2. SOUTH 88025" 5" WEST 55.70 FEET; 3. SOUTH 56'39'40" WEST 179.40 FEET; 4. NORTH 90'00'00" 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 25053'28" 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 14036'01" 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 58030'54" WEST; THENCE 13. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34040108" AN ARC DISTANCE OF 193.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 360.75 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85026'05" WEST; THENCE 14. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90027'28" AN ARC DISTANCE OF 569.55 FEET; THENCE 15. SOUTH 20013'39" EAST 201.37 FEET; THENCE 16. SOUTH 75015'46" WEST 88.97 FEET; THENCE 17. SOUTH 17032" 5" WEST 15.31 FEET; THENCE 18. SOUTH 31 °43'50" EAST 69.51 FEET; THENCE 19. SOUTH 27044'46" 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 74059'40" WEST; THENCE 20. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61045'43" AN ARC DISTANCE OF 360.11 FEET, TO THE BEGINNING OF A NON - Page 1 of 2 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 43030'36" 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 00010'20" EAST 238.92 FEET TO AN ANGLE POINT THEREIN; THENCE 25. CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF LOT 120, SOUTH 00006'06" EAST 644.41 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 120; THENCE 26. ALONG THE SOUTHERLY LINE OF SAID LOT 120 SOUTH 87°21'24" 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 BEGINNING. CONTAINING 4,114,661 SQUARE FEET OR 94.46 ACRES, MORE OR LESS. MIKE LOPEZ DATE: December 2, 2022. PLS 8995 Page 2 of 2 74� EXHIBIT MAP N�o�PLS 8995 0 12/,/2022 \.A 04, EXHIBIT C.1 MAP N'LY LINE OF LOT 120 0 N H 0 0 W z �City IOD Property LOT 120 3 TRACT NO. 52796 f� —ma TRACT NO. SM M.B. - - I I LS'LY LINE I OF LOT 120 I I ---------------- r-- I I I I I 1 LEGEND r--I LIMITS OF IOD PROPERTY SUBJECT PROPERTY POB POINT OF BEGINNING S-IEcT 1 OF 3 o' 0 FEET 500' 250' 0' r". 1 yt 0 1 " INCHES EXHIBIT MAP SHEET 3 OF 3 EXHIBIT C.1 MAP Jl5.�6J' w N'LY LINE OF LOT 120 GENERAL / / ^�— ETY L NE OF LOT 120 City IOD Property LOT 120 TRACT NO. 52796 M.B. - - LEGEND LIMITS OF IOD PROPERTY SUBJECT PROPERTY IwG �i w •. / Rsr all � A SEE St,--- 3 aw r, M7. 0[[Gf RAaV5 I 1£AVIN C/ 14:1601' 271.08' 690d C? JI4ozw- I 19J97' I fr caa£ A10 Q%iVAl4t'i 1£N6'lH I s0f,.I ;ff IX 76' I? 5&-2515 M 70' 1 J S56'J9 40-v 179.40' 14 NkYI'LY W'W 15112' 15 s-V10'17A' S1125:?di 9509' 10228' Z1 S1db5'19V 8655' 4 19 SJ971167' N50? W _ 91 d5' 5l.Jd' 110 N255J1d 1J679- III W25'15i 145J2' 1 /2 5101J:J97 201 J7" FFFT 150' 75' 0' t.... 0.. INCHES EXHIBIT MAP S, CET —3— SEE S!CET 2\\ EXHIBIT C.1 MAP lhv let sV*ljjy?- x I., "f I IJ 'W �j 4,6 L13 51 .03 115 si 69.51 L/ 744 46 )y 1/8 -W 17 S� WO!, z7s r4ol 00 .01 LEGEND LIMITS Of IOD PROPERTY SUBJECT PROPERTY O City IOD Property LL LOT 120 0 w TRACT NO. 52796 z -j M. B. Lj SULY CRNER OF S'LY LINE OF LOT 120 ! 7 't •' (' Ctmf =IV llyl 11 CfbCIH cj 150' 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 15019'45" WEST 41.77 FEET; THENCE 5. LEAVING LAST SAID NORTHEASTERLY LINE, NORTH 15'19'45" WEST 40.25 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 70014'54" WEST 55.90 FEET; THENCE 10. SOUTH 67'06'39" WEST 70.91 FEET; THENCE 11. SOUTH 83010'46" 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 80038'17" 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 19. ALONG THE SOUTHERLY LINE OF SAID LOT 121, NORTH 87001'21" EAST 1,302.91 FEET TO THE SOUTHEAST CORNER OF SAID LOT 121; THENCE 20. ALONG THE EASTERLY LINE OF SAID LOT 121, NORTH 00004'51" WEST 1,274.85 FEET TO AN ANGLE POINT THEREIN; THENCE 21. CONTINUING ALONG SAID EASTERLY LINE OF LOT 120, NORTH 00031'53" WEST 75.45 FEET TO THE POINT OF BEGINNING. CONTAINING 1,915,105 SQUARE FEET OR 43.96 ACRES, MORE OR LESS. MIKE LOPEZ DATE: December 1, 2022. PLS 8995 Page 1 of 1 L v� W No. PLS 8"5 n EXHIBIT MAP EXHIBIT C.2 MAP Q SIERRA---- TRACT NO. 52796 - f B. \U 4p A 1"• M i N oLL � I J O City IOD Property uj LOT 121 TRACT NO. 52796 l M.B. - _ S11'2Y Gomee Ar I 10/ 111 LEGEND LIMI IS OE fOD ;7'1(:FE-' I'f Y,-C1 STY LINE OF LOT 121 SHEET I I I - --------------I - I I N I rl I I h o TRACT NO.43896 z M.B.1260-29-34 J Ti 3 I I I 1 ---------------� sf2r awR Q` (0I 111 I I I I I I 0 FEET 600' 300' 0' 600' 1 Ye' 0' 1" INCHES EXHIBIT MAP EXHIBIT C.2 MAP SHEET 2 OF 3 Private Driveway and Fire Lane �FRANO�- �J M POB w u F i y r�a�/F.P OF COT 111 ii GENERAL NE'LY LINE b = OF LOT 121 w w N City IOD Property LOT 121 TRACT NO. 52796 M.B. o TRACT NO. 43896 IA. M.B.1260-29-34 0 W Z J 1W r LEGEND r--I 1 V ' S OF IOD PROPFRTY Y B_ f CT PR�PFRTY POE; 11C)IN 1 Of !if );r.''%ING SEE SF£ET t IAA 1,&f M7 V BiiRn'u: . �6 1k v ZIAW N SOLO' 11 #0110'137Y 6011' 1J M71'1I1J7Y 12,5. ' 14 N157945V 41.17' 15 N15.1943 # 4015• 16 ! S5570:?,P # 8l.01 ' 17 N8719W # 6961' 18 19 I -- N/4J9'10*# N10.1434FV 4718• f5k 110 557,06J9 V 7091 111 58J'10 46 # 1 J 1 J2 111 NN75 any 7J55' 75.45' !r 1wJ73JA' FEET 150' 75' 0' 150' 0 1 " INCHES :1:11011EL YM EXHIBIT C.2 MAP Private Driveway and Fire Lane g LL 0 W Z J } J 3 City IOD Property LOT 121 TRACT NO. 52796 M.B. - - LEGEND rna FLOOD HAZARD AREA r--I LIMITS OF IOD PROPERTY SUBJECT PROPERTY SEE SHEET 1 -- 1A11r W. BE4W 1fAv>N 117 N79'1S7JV 7J53' 11J 5691m,19V 141.71' r,I smm: w 20698' 15 If80 JB'17iY 117.06' SHEET 3 OF 3 w w LLJ V LLJ LLJ 15" 75- 0' 1 w, tIr O .� ��r +.-S 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 54'02135" WEST; THENCE 4. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'35'35" AN ARC DISTANCE OF 126.13 FEET; THENCE 5. 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 38'10125n 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 14. NORTH 28040'09" EAST 36.28 FEET; THENCE 15. NORTH 69026'03" EAST 87.84 FEET; THENCE 16. NORTH 89006'55" EAST 148.79 FEET; THENCE 17. SOUTH 59018'17" EAST 38.57 FEET; THENCE 18. SOUTH 04023'48" WEST 52.51 FEET; THENCE 19. SOUTH 87041'21" EAST 42.75 FEET; THENCE 20. SOUTH 52049'44" EAST 92.07 FEET TO THE WESTERLY LINE OF LOT 112 OF SAID MAP; THENCE 21. ALONG SAID WESTERLY LINE OF LOT 118, NORTH 32051'24" EAST 23.49 FEET TO THE NORTHERLY LINE OF SAID LOT 112; THENCE 22. ALONG SAID NORTHERLY LINE OF LOT 112, NORTH 89030'15" EAST 75.27 FEET TO THE POINT OF BEGINNING. Page 1 of 2 CONTAINING 452,156 SQUARE FEET OR 10.38 ACRES, MORE OR LESS. MIKE LOPEZ DATE: December 1, 2022. PLS 8995 Page 2 of 2 1.1 O � a No. PLS 8995 c 12/1/2012 LEGEND LIMITS OF IOD PROPERTY SUBJECT PROPERTY EXHIBIT MAP 0.52796 City IOD Property LOT 118 4 TRACT NO. 52796 Nil. B. —'� SEL 2 PRIVATE DRIVEWAY AND FIRE LANE C4 p� Rpq p' TRACT NO.43896-07 M.B.1259-60-67 O P� VE>COVP�� SHEET 1 OF 2 I I ---------- TRACT NO. 43896 M.B.1260-29-34 I © I FEET 0. 60C' INCHES EXHIBIT MAP S-�EE T OF EXHIBIT C.3 MA f `SIERRA TER Rq cE N D n 114 / / / / /G, + 00 City IOD Property Y J o LOT 118 z TRACT NO. 52796 J } < «3.1 M.B. - - J CAI � !I 1 r� Af7. .._ •; �- ! /d � cV L l SB9',1016 iY *W ; i ! ES' • ?�— � (1 — S66.14; U �J760' 15.47 [J sors4m #fly R Hfr tb%f [! sBJ'49702" 11JJ7' Private Driveway ! , ! V 1`P 15 sJOYJ'172 101,71' 16 57717P12- 111.76 and Fire Lane 17 _ S84r'S6782' 152..S [e NI8'40W7 [9 N6976W7* B7.BI' � .0 AW06:u2• l4879' Verandah (1 J.... SS718'172' d457 U2 50�,JiB7r 5151 r--I I _ _ LIMITS OF IOD PROPERTY SUBJECT PROPERTY POB POINT OF BEGINNING ® R 000 84ZA0 AREA ORW TARE W. XI14 R40W 1991H Cl f JTJSJS' 1117J 1161J"I C? -W/0Z, f1�7" 1999' CJ JfS479' Imev' ' 60.91' FEET 150' 75' , INCHES ` S j 47 `VT cam t{ t� :.-.• ,Y EXHIBIT E Conservation Easement Template 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 1, State of California, designated Assessor's Parcel Number(s) [insert APN(s)J ("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 13 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 habitats]. individually and collectively, 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 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 project] located in the [insert name of City if within City limits: City of j ],] County of [ 1, State of California, pursuant to the Agreement Regarding Proposed Stream or Lake Alteration (Notification No. ) executed by (insert full name(s) of applicant(s)] and 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 Values of the Easement Area shall remain a part of and be put 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 CDFVV]; (d) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, fadd 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. Code 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; (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) appropriative 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 Easement Area, including the right to engage in or to permit or invite others to engage in 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 give a copy of the notice to CDFW (or, if CDFW gives a Notice of Violation it shall also give a copy of the 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 begin the cure within the fifteen (15)-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 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 shall 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 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 Right 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 shall 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 governmental 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 furnish 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 Indemnified Party" and, collectively, "Grantee's Indemnified Parties") and CDFW and 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 CDFW'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 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. 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 jurisdiction. 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 1240.510) 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 65966(j).1 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 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. 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 Wildlife 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 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 Lake 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 Liability. (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, 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 CDFWs 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 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. (1) 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. (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 NOTARY A CKNOWLEDGMENT]