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HomeMy WebLinkAbout2010-06-22 - AGENDA REPORTS - CITY & MRCA EASEMENTS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: June 22, 2010 Rick Gould CITY OF SANTA CLARITA AND MOUNTAINS RECREATION AND CONSERVATION AUTHORITY (MRCA) GRANTING OF CONSERVATION EASEMENTS ON CITY -OWNED PROPERTY. Parks, Recreation, and Community Services RECOMMENDED ACTION 1. City Council approve the conservation easements on portions of City -owned property, Assessor's Parcels 3210-014-270,271,272, and 3211-016-270. 2. Authorize City Manager, or designee, to sign easement agreement, subject to City Attorney approval. BACKGROUND The State of California Department of Fish and Game and the Army Corps of Engineers require mitigation of environmental impacts on projects requiring a streambed alteration permit. One way to mitigate environmental impacts is through the use of conservation easements, which are restrictions placed on properties to protect the properties associated resources. Conservation easements prevent or limit certain types of uses or development from taking place on property. The City -seeks to enter into an agreement with the Mountains Recreation and Conservation Authority for conservation easements to mitigate the impacts of the following three City projects: Newhall Ranch Road Cross Valley Connector (Permits 200301262-JLB and 1600-2004-0583R5), San Francisquito Canyon Trail repair (Permit 1600=2005-0754-R5), and South River Trail repair (Permit 1600-2005-0565-R5), and Santa Clara Bank Protection (Permit 1600-2006-160-R5). Q��'ROVED Portions of the City -owned 412 -acre Wagoner parcels contain areas of riparian habitat and biodiverse features adequate to meet the mitigation requirements for the three above-named City projects. City staff met with representatives from both the California Department of Fish and Game and the Army Corps of Engineers and determined that conservation easements placed on the Wagoner parcels would meet both agencies mitigation requirements. The conservation easements will encumber approximately 125 acres and will be granted to the Mountains Recreation and Conservation Authority (MBCA). The easements will restrict structures, paving, lighting, hunting, and other activities from occurring on these parcels. The conservation easements will meet the requirements of both the California Department of Fish and Game and the Army Corps of Engineers. ALTERNATIVE ACTIONS Other action as determined by the City Council FISCAL IMPACT No fiscal impact anticipated. ATTACHMENTS Easement Map Conservation Easement SAND S� J * L.S.5642 EXPIRES 03/31/11 I \ Q - OF CAS LEGEND SHEET 1 OF 6 PARCEL 2 1 7 A / 1`. ` `z- I A A SECTION 9 T.4 N., K. 14 W., S.B.M. POC POINT OF COMMENCEMENT POB POINT OF BEGINNING TPOB TRUE POINT OF BEGINNING PARCEL 3 _ PARCEL 4 pp � A A PARCEL 5 I I I I I I 3 RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: Mountains Recreation and Conservation Authority Attention: Jeffrey K. Maloney 570 West Avenue 26, Suite 100 Los Angeles, CA 90065 DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVT. CODE SECTION 6103 and TRANSFER IS EXEMPT PURSUANT TO REV. & TAX CODE SECTION 11922. APNS: Portions of 3210-014-270, 3210-014-271, 3210-014-272, and 3211-016-270 GRANT OF CONSERVATION EASEMENT This Grant of Conservation Easement ("GRANT") is made this day of 2010, by and between the MOUNTAINS RECREATION AND CONSERVATION AUTHORITY, a joint exercise of powers authority established . pursuant to Government Code Sections 6500, et seq. ("GRANTEE"), City of Santa Clarita ("GRANTOR"). Recitals GRANTOR is the owner of that certain real property located in the City of Clarita State of California, commonly known as Assessor's Parcel Numbers 3210-014-270, 3210-014- 271, 3210-014-272, 3211-016-270 ("WAGONER PROPERTY") and described in Exhibit A, attached hereto and incorporated by reference herein. A. GRANTOR desires to grant a conservation easement ("EASEMENT") to GRANTEE on and over portions of the WAGONER PROPERTY, approximately 125 acres which portions of land are described in Exhibit B-1 and depicted in Exhibit B-2, attached hereto and incorporated by reference herein (hereinafter "EASEMENT AREA"). B. GRANTEE is a qualified governmental entity under California Civil Code Section 815.3(b) for purposes of acquiring and holding a conservation easement. C. GRANT is made in satisfaction of, and pursuant to State of California Department of Fish and Game Streambed Alternation Agreements Nos. 1600-2005-0754-R5, 1600-2005-0565-R5, 1600-2004-0583-R5 and 1600- 2006-160-R5, and U.S Army Corps of Engineers Section 404 permit No. 200301262-JLB. WAGONER Conservation Easement Page 2 NOW, THEREFORE, . incorporating the above Recitals, GRANTOR grants to GRANTEE a conservation easement in perpetuity of the nature and character and to the extent hereinafter set forth over the EASEMENT AREA. Section 1: Purpose GRANTEE and GRANTOR agree that the EASEMENT AREA described in Exhibit B-1 and depicted in Exhibit B-2, shall be used exclusively for the preservation of native plants, animals, and biotic communities. The EASEMENT AREA shall be retained to the fullest extent possible in its natural, scenic and open space condition, protected from any use that will substantially interfere with, or impair, the conservation values of the EASEMENT AREA, with the exception of those uses specifically reserved by the GRANTOR in this GRANT. Section 2: Rights of GRANTOR To the extent that said rights are not inconsistent with the terms, covenants, and conditions of this GRANT, GRANTOR reserves to itself and its successors the following rights: (a) Fuel modification required in writing by a government agency with, relevant authority; (b) Drainage infrastructure required by the City of Santa Clarita ordinance or regulation, or other governmental agency; (c) Repair of erosion and landslides with 15 calendar days of prior written notice to the GRANTEE; (d) Planting and irrigation (via drip or bubbler heads only) of plants indigenous to the Santa Clarita Valley. (e) Access for authorized vehicles to perform required maintenance and monitoring including; fuel modification, maintenance of drainage & irrigation systems, trash & invasive species removals. Section 3: Rights of GRANTEE To accomplish the purposes of this GRANT, the following rights are conveyed to the GRANTEE by this GRANT: (a) To prevent any activity or use of the EASEMENT AREA that is inconsistent with the terms of this GRANT, and to require the restoration of areas or features of the EASEMENT AREA that may be damaged by any inconsistent activity or use, pursuant to Section 4 below; 5 WAGONER Conservation Easement Page 3 (b) To enter onto the EASEMENT AREA by giving prior written notice to the legal owner to monitor compliance with and otherwise enforce terms of this GRANT; (c) To enforce this GRANT by injunctive relief or suit for damages, as more fully set forth below. Section 4: Prohibited Uses Any activity on or use of the EASEMENT AREA not required by ordinance or regulation of the City of Santa Clarita that is inconsistent with the terms of this GRANT is prohibited. Without limiting the generality of the foregoing, the following uses are strictly prohibited: (a) Any fencing whatsoever, except pre-existing fences and retaining walls, or those required by pre-existing covenants and conditions that burden the subject property, and any potential future need deemed necessary to reduce encroachments from off-highway vehicles; (b) Any structures or paving whatsoever, except drainage v -ditches required by City ordinance or regulation; (c) Any lighting of the EASEMENT AREA, whether direct or indirect; (d) Any garden sitting areas with patio furniture or earthen/masonry pad areas; (e) Any corral, pet or domestic animal enclosures (including bee hives); and any grazing of livestock; (f) Any hunting and/or trapping of any wildlife unless done pursuant to GRANTEE's rights under Section 3 above; (g) Any dumping and/or discharge of any type onto the EASEMENT AREA; (h) Any driving, parking or operation of any vehicle or other machinery on the EASEMENT AREA, except as authorized in Sec.2 (e); (i) Any storage of any materials for any period of time; (j) Any removal, trimming, cutting or pruning of any native plant species including trees, except for City or County required fire prevention, unless the GRANTEE deems it necessary following damage by fire, disease, or infestation, to replace existing species with a disease- or infestation - resistant variety, or the GRANTEE deems. it necessary to prevent the outbreak and/or spread of fire by brush clearance, or such actions are necessarily associated with reserved uses; WAGONER Conservation Easement Page 4 (k) Any satellite dishes and communications antennas; (1) The planting of any plants not native to the Santa Clarita Valley; (m) ' The use of herbicides, pesticides or other chemical that could damage, injure or kill the native plants and/or wildlife; (n) Any grading of the land or other soil disturbance, including disking or mowing; (o) Any utilities of any kind, whether above or below ground. Section 5: Notice of Intention to Undertake Certain Reserved Actions GRANTOR agrees to give ten (10) days written notice to GRANTEE before taking any reserved actions with the exception of passive recreational use. The purpose of requiring the GRANTOR to notify the GRANTEE prior to taking any reserved actions is to afford the GRANTEE an opportunity to ensure that the activity in question will be designed and carried out in a manner consistent with the purpose of this GRANT. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity or use in sufficient detail to permit the GRANTEE to make an informed judgment as to its consistency with the purpose of this GRANT. Section 6: Remedies If either party to this GRANT determines that the other party is in violation of the terms of this GRANT, or that a violation is threatened, that party shall give written notice to the party in violation and demand corrective actions sufficient to cure the violation, and where the violation involves injury to the EASEMENT AREA resulting from any use or activity inconsistent With the purpose of this GRANT, to restore the portion of the EASEMENT AREA so injured. If the party in violation fails to cure the violation within thirty (30) days after receipt of notice thereof from the other party hereto, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, the other party may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this GRANT, to enjoin the violation, to recover any damages to which it may be entitled for violation of the terms of this GRANT or injury to any conservation values protected by this GRANT, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the EASEMENT AREA to the condition that existed prior to any such injury. The 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. WAGONER Conservation Easement Page 5 Section 7: Attorneys' Fees Should any party hereto commence any action or proceeding to enforce any provision of this GRANT or for damages by reason of an alleged breach of any provision of this GRANT or for declaratory relief or specific performance, the prevailing party shall be entitled to recover from the losing party or parties such amount as the court may adjudge to be reasonable attorneys' fees for services rendered to the prevailing party and costs and expenses incurred in such action or proceeding. Section S: Acts Beyond the Control of the GRANTOR or GRANTEE Nothing contained in this GRANT shall be construed to entitle any party to bring an action against the other party for injury to or change in the EASMENT AREA resulting from causes beyond that party's control, including without limitation those due to fire, flood, storm, and earth movement, or from any prudent action taken by such party under emergency conditions to prevent, abate, or mitigate significant injury to the EASEMENT AREA resulting from such causes. Section 9: Cost and Liabilities Except as provided for in Section 8 herein, GRANTOR, in its capacity as owner of fee title, and GRANTEE in its capacity as owner of the EASEMENT, each agree to retain all responsibilities and shall bear all costs and liabilities of any kind related to their ownership interests, including the operation and maintenance of the estate in land that each owns. Section 10: Transfer In the event that GRANTEE is no longer legally able to hold title to its ownership interest in the EASEMENT, the parties hereto agree that title to the EASEMENT shall be transferred to a state or local governmental entity including but not limited to a municipal park department agency qualified to hold title to the EASEMENT pursuant to California Government Code Section 815.3. Section 11: Successors The parties hereby express their mutual and individual intent that this GRANT be binding upon all successive owners of the WAGONER PROPERTY, and in furtherance thereof, and in satisfaction of the California Civil Code Section 815.5, agree that this GRANT shall be recorded in the offices of the County Recorder of Los Angeles County, upon its execution by the parties hereto. Section 12: Controlling Law The interpretation and performance of this GRANT shall be governed by the laws of the State of California. WAGONER Conservation Easement Page 6 Section 13: Liberal Construction Any general rule of construction to the contrary notwithstanding, this GRANT shall be liberally construed in favor of this GRANT to effect the purpose of this GRANT and the policy and purpose of California Civil Code Section 815 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this GRANT that would render the provision valid shall be favored over any interpretation that would render it invalid. Section 14: Severability If any provision of this GRANT, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this GRANT, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. Section 15: Entire Agreement This instrument sets forth the entire agreement of the parties with respect to this GRANT and supersedes all prior discussions, negotiations, understandings, or agreements relating to this GRANT, all of which are merged herein. Section 16: No Forfeiture Nothing contained herein will result in a forfeiture or reversion of any party's interest in its portion of the EASEMENT or the WAGONER PROPERTY. Section 17: Captions The captions in this instrument have been inserted solely for convenience of reference and shall have no effect upon the construction or interpretation of this GRANT. Section 18: Warranty GRANTOR represents and warrants that there are no outstanding mortgages, liens, encumbrances or other interests in the EASEMENT that would interfere with or impair the conservation values of the EASEMENT AREA. Section 19: Indemnification From and after the date this GRANT is signed by the Parties, GRANTOR shall, to the fullest extent permitted by law, indemnify, defend (with legal counsel reasonably acceptable to GRANTEE), protect and hold harmless GRANTEE and all related persons or entities (including, without limitation, the Santa Monica Mountains Conservancy, the Rancho Simi Recreation and Park District and the Conejo Recreation and Park District) from and against any and all claims, actions, causes of action, rights, defenses, demands, I WAGONER Conservation Easement Page 7 allegations, damages, fines, penalties, liabilities, losses, encumbrances, liens, obligations, settlements, judgments, awards, appeals, costs and expenses (including actual fees and costs of attorneys, expert witnesses and other consultants) of any kind or character in law, equity or otherwise, known or unknown, foreseeable or unforeseeable, past, present or future, arising from or in connection with the use or condition of the EASEMENT AREA, including, without limitation, any personal injury or property damage occurring on the EASEMENT AREA, or because of the use or condition of the land encumbered by the EASEMENT, or because of any hazardous materials or substances (as defined by local, state or federal statute) on or under the EASEMENT AREA; and also including, without limitation, any obligation or liability to any governmental agency, and/or other person or entity, to do any work regarding the EASEMENT or EASEMENT AREA, or to pay any fine or penalty, or to indemnify, defend, protect and/or hold harmless such governmental agency, and/or other person or entity, in connection with the use or condition of the EASEMENT or EASEMENT AREA, including, without limitation, any attorneys' fees, costs and expenses claimed to be the responsibility of GRANTEE or GRANTEE's related person or entity. Nothing contained herein should be construed to require GRANTOR to indemnify GRANTEE for claims, actions, causes of action, rights, defenses, demands, allegations, damages, fines, penalties, liabilities, losses, encumbrances, liens, obligations, settlements, judgments, awards, appeals, costs and expenses (including actual fees and costs of attorneys, expert witnesses and other consultants) of any kind or character in law, equity or otherwise, known or unknown, foreseeable or unforeseeable, past, present or future that result as a result of GRANTEE's use or actions upon EASEMENT AREA. Section 20: Hazardous Materials GRANTOR represents and warrants that it has no knowledge of any release or threatened release of hazardous materials, hazardous waste, or toxic substances in, on, under, about, or affecting the EASEMENT AREA. Section 21: Counterparts The parties may execute this instrument in two or more counterparts, which shall in the aggregate be signed by all parties. Each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 10 WAGONER Conservation Easement Page 8 Section 22: Notices Any notice to be given hereunder to any party shall be deemed given or delivered upon personal delivery to the recipient or two days after deposit in the United States mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: If to the GRANTOR: Parks Department City of Santa Clarita 23920 Valencia Blvd., Suite 120 Santa Clarita, CA 91355 If to the GRANTEE: Joseph T. Edmiston Executive Officer Mountains Recreation and Conservation Authority 5750 Ramirez Canyon Malibu, CA 90265 With a copy to: Jeffrey K. Maloney, Esq. Mountains Recreation and Conservation Authority 570 W. Avenue 26, Suite 100 Los Angeles, CA 90065 Each party may, by notice to the others, designate a different address that shall be substituted for the one specified above. WAGONER Conservation Easement Page 9 IN WITNESS WHEREOF, GRANTOR AND GRANTEE have executed this GRANT this day of 2010. The GRANTEE acknowledges acceptance of this GRANT and consents to the recording thereof. GRANTOR: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: City Attorney Da GRANTEE: MOUNTAINS RECREATION AND CONSERVATION AUTHORITY Print Name & Title Date: 12— WAGONER Conservation Easement Page 10 13 WAGONER Conservation Easement Page 11 ::► •111 CITY OF SANTA CLARITA IM Print Name: Title: GRANTEE: MOUNTAINS RECREATION AND CONSERVATION AUTHORITY al Print Name: Title: