HomeMy WebLinkAboutMINUTES - 08152006 - SD.4 1 I '
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TO: BOARD OF SUPERVISORS AS GOVERNING . •%-�, }r-�• Contra
BOARD OF THE FLOOD CONTROL&WATER '
CONSERVATION DISTRICT0.1
y Costa
I� FROM: MAURICE M. SHIU CHIEF ENGINEER
:'
! s .:. County
DATE: August 15, 2006
SUBJECT: CONSIDER Modifications to Conservation Easement on 36-Acre Parcel on North Gate Road from Contra
Costa County Flood Control and Water Conservation District to East Bay Regional Park District, Previously
Ilpproved by Board Action of June 13, 2006, Walnut Creek Area. (DistrictI11)
SUPPLEMENTAL BOARD ORDER
Deerings Water Code,Uncodified Acts
Act 1656 § 31
West's Water Code,Appendix 63-31
Project No. 7520-6138362 Task: ACQ Account: 9921
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMME:\TDED ACTION:
A. RESCIND approval of the Grant of Perpetual Conservation Easement from District to East Bay Regional Park
District in the form approved on June 13, 2006;APPROVE,instead,the revised Grant of Perpetual Agricultural
and Open Space Conservation Easement from Contra Costa County Flood Control and Water Conservation
District (Flood Control District) to East Bay Regional Park District (EBRPD), in the form attached hereto as
"Exhibit A,"subject only to such minor,ministerial modifications as are approved by the Chief Engineer or his
designee,and County Counsel; and AUTHORIZE the Chair of the Board of Supervisors to execute the Grant of
Perpetual Agricultural and Open Space Conservation Easement to EB D o elf of the Flood Control District; '
CONTINUED,,ON ATTACHMENT: ❑D SIGNATURE:
RECOIIN11MENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
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APPROVE OTHER
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SIGNATURE(S):
ACTION OF BOARD ON / APPROVED AS RECOMMENDED
VOTE OF SUI'ERVISOILS: 11IEREBY CERTIFY THAT THIS IS A I'RUE AND CORRECT
XCOPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Orig.Div: Public Works(Rcal Property)
Contact: Mitch Avalon(91-5-313-2203)
KAL:krf:cw•
G:\FldCtl\Board Orders 2005 Onward\2006 BO\NortllgateSupplemcnlalBO-08-15- ATTESTED / ✓
OGSLA.doc j JOHN CUL&,CLERK OF THE BOARD OF
I' SUPERVISORS
cc: Cou
Courtlnty Adrttinistmtor
y Counsel II
Rose Marie Pietras,Community Development
Auditor-Controller(via Real Property) '
Recorder(via Real Property) BY: ,DEPUTY
Public Works
Accou
Flood Control District
Real Property Division
Nancy w'enninger,East Flay Regional Park District
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SUBJECT: CONSIDER Modifications to (Conservation Easement on 36-Acre Parcel on North Gate Road from
Contra Costa County Flood Control and Water Conservation District to East Bay Regional Park District,
Previously Approved by Board Action of June 13, 2006, Walnut Creek Area. (District III)
j Project No. 7520-6B8362
SUPPLEMENTAL BOARD ORDER
DATE: August 15, 2006
PAGE: 2 of 2
B. AUTHORIZE the Chief Engineer,Flo Id Control and Water Conservation District,to execute a Purchase and Sale
Agreement pertaining to the conveyance of the revised Grant of Perpetual Agricultural and Open Space .
Conservation Easement, generally in the form attached to the Board Order of June 13, 2006, for the amount of
$1,559,000, subject to the satisfaction of the terms and conditions of the Purchase and Sale Agreement as
determined by the County's Principal Real Property Agent;
C. DIRECT the Real Property Division to have the final, fully executed Grant of Perpetual Agricultural and Open
Space 1 Conservation easement delivered to Grantee for recording in the Office of the County Recorder.
D. AFFIRM the determination made on June 13,2006,that this grant of easement is in the public interest and will
not conflict or interfere with the Flood Control District's use of the property for the purpose for which it was
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acquired.
FINANCIAL IMPACT:
If a conservation easement is conveyed to EBRPD,the Flood Control District will receive$1,559,000 for the easement.
Pursuant to an agreement with the State Department of Water Resources, all revenue generated from the conservation
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easement must go towards flood control infras6cture improvements in the Walnut Creek watershed.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In the Board Order previously submitted on this matter,FIood Control District staff indicated that negotiations with the
parties interested in this easement (East Bay Regional Park District,the City of Walnut Creek,the State Department of
Conservations ["DOC"], the State Coastal Conservancy, and Save Mt. Diablo) were continuing, and that a telephone
conference was scheduled to occur on August 10, 2006.
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That telephone conference did occur. During that conversation and in the days following,the issues of primary concern to
Flood Control District staff were resolved. The attached Grant of Perpetual Agricultural and Open Space Conservation
Easement now includes language clarifying the remedies of the DOC and the Coastal Conservancy,providing for notice of
violations and an opportunity to cure before the DOC may exercise its remedies,and acknowledging that any approvals
exercised by the State agencies under the easement must be undertaken in a timely and reasonable manner. As part of that
telephone conversation,Flood Control District staff was advised that the DOC funding for this project would be extended
for thirty days in order to allow the transfer of the easement to occur. Attached, as"Exhibit B,"is a letter dated August
14; 2006, from the DOC extending the time p riod for submission of its funding contribution to September 30, 2006.
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CONSEQUENCF,S OF NEGATIVE ACTION:
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The easement will not be conveyed.
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Attachments:
Exhibit A: Grant of Perpetual Agricultural and Open Space Conservation Easement
Exhibit B: August 14,2006,letter from the Department of Conservation
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Exhibit A
WHEN RECORDED RETURN TO:
East Bay Regional Park District
2950 Peralta Oaks Court
P.O. Box 5381
Oakland, CA 94605-0381
Attn: N. Wenninger
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APNs)38-150-007, 138-160-001, -0d2, -003
138-170-001, -007
GRANT OF PERPETUAL AGRICULTURAL AND OPEN SPACE
CONSERVATION EASEMENT
THIS GRANT OF PERPETUAL AGRICULTURAL AND OPEN SPACE
CONSERVATION EASEMENT ("Easement") is made this day of , 2006. (the
"Effective Date") by and between the Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California("Grantor"), and the East
Bay Regional Park District. a California Special District ("Grantee").
RECITALS
A. Grantor is the owner in fee simple of certain real property, comprised of
approximately 36 acres, located in an unincorporated area of Contra Costa County, California,
adjacent to the City of Walnut Creel:and commonly referred to as the County Flood Control and
Water Conservation District Property (APNs 138-150-007. 138-160-001, -002, -003. 138-170-
001, -007), and described in Exhibit "A" and as shown on Exhibit "B" attached hereto and
incorporated by this reference (the "Property"). The current Walnut Creek General Plan
designation for the Property is "Agricultural," and the Property is currently being utilized for
grazing. I
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B. Grantee is a special /district that acquires, develops, manages, and maintains a
diverse system of interconnected I parklands, balancing public usage with protection and
preservation of natural and cultural resources.
C. Grantee believes th I the Property possesses natural, scenic., agricultural, open
space and/or recreational values (collectively "Conservation Values") of great importance to
Grantee. In particular. the Property contains the Arroyo del Cerro Creel:, which provides
corridors for wildlife and critical habitat for the federally listed California red-legged frog and
the Alameda whipsnake. A riparian area on the Property, consisting of a corridor of land
extending the length of the Arroyoldel Cerro Creek on the Property with a width of 100 feet in
each;direction from the centerline of the Creek (the "Riparian. Area"), is depicted on Exhibit E.
which is attached and incorporated;by this reference. Preservation of the Property is intended to
protect other onsite resources including wildlife habitat for a variety of species including valley
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oak, deer and golden ea(,le and agricultural uses while sustaining and enhancing the other
Conservation Values.
D. Grantor desires to convey this perpetual conservation Easement to Grantee, and
Grantee desires to accept the grant of'this Easement, on the terms and conditions set forth below;
to insure that the Conservation Values of the Property will be promoted, preserved and enhanced
by engaging in land use practices pi rmitted hereby that will preserve and will not impair or
interfere with those values.
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E. The Conservation Values of the Property, including the ability to support the
agricultural use of the Property, are documented in an inventory of relevant features of the
Property, all of which are described in Exhibit "C," which Exhibit is attached hereto and made a
part Hereof. Exhibit "C" is entitled the "Description of Existing Property Features," and
includes, but is not limited to, orthographic photos, topographic maps, and digital photos. All of
those items described on Exhibit "C" are on file in the offices of both Grantor and Grantee.
Grantor and Grantee agree that the material included on Exhibit "C" collectively provides an
accurate representation of the Property at the time of the execution of this Easement, and which
is intended to serve as an objective information baseline for purposes of monitoring compliance
with the express terms of this Easement.
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F. Preservation of theProperty as open space is intended to preserve the visual
gateway from the central portion of Contra Costa County, through the Northgate region of
Walnut Creek and up to Mount Diablo and will provide a buffer between residential uses and the
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adjacent open space areas of Diablo Foothills Regional Park, Mount Diablo State Park, and Shell
Ridge hand Lime Ridge Open Space.
G. Protection of the Property is also intended to protect the water quality of Arroyo
del Cerro Creek, the adjacent Pine Creek Detention Basin wetlands, as well as Pine Creek.
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H. The City of Walnut Creek ("Cite") is a municipal corporation that adopted the
North Gate Specific Plan, a joint planning effort between the City and Contra Costa County.
Such!lplan includes the subject Property.
II I. This Easement is being, funded, in part, with a portion of the funds generated by
the rescission of a contract entered into by the County of Contra Costa for the Humphrey
11 Property, pursuant to the California Land Conservation Act of 196 (California Government
Code 51200 et seq.).
J. The State of California Department of Conservation ("Department"), acting
pursuant to The
delegated by the California Secretary of Resources, has approved the
transaction referenced in Recital I ,pursuant to California Government Code section 51256 and
willlcontribute funds toward the acquisition of this Easement. The Department funding will be
dedicated to the approximately 2�.6 acre portion of the easement that is identified as the
"Unrestricted Agricultural Area" on Exhibit E, which is attached and incorporated by this
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reference. For the State of California to forego these funds represents a substantial investment in
thelilong-term conservation of land that possesses agricultural values and the retention of
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agricultural land in perpetuity. The rights vested therein in the State of California are
commensurate with the State's role in fostering the conservation of. agricultural land in
Calif lrmia.
K. This Easement is also being acquired in part with funds provided by the State
Coastal Conservancy, an agency of the State of California ("Consenancy"). The Conservancy
is providing funding for the purposes lof preserving the Property in perpetuity for open space and
habitat conservation, and to the extent consistent with the preservation for open space and habitat
conservation of the Property. for publlic recreational use and limited public access.
AGREEMENT
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the laws of the State of California
and California Civil Code sections 8 15 et seq., Grantor hereby voluntarily grants and conveys to
Grantee a perpetual conservation easement over the Property of the nature and character and to
the extent hereinafter set forth.
1. Purpose of Easement. The purpose of this Easement is to ensure that the Property
will be retained perpetually and predominantly in a scenic, agricultural and open space condition
and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property To that end, Grantor hereby grants to Grantee, and Graniee
hereby accepts from Grantor. a perpetual conservation easement over the Property on the terms
and conditions set forth herein. The purpose of this Easement is to establish certain restrictions
on the.use of the Property, as expressly provided herein, and to enable Grantee to monitor
compliance with the restrictions placed on the use of the Property. To the extent consistent, the.
purpose of this Easement is also to provide for future limited public access and recreational
opportunities, sub1ect to and under all of the terms and conditions specified in this Easement, and
in particular subject to the conditions precedent set forth in Section 8. Requirements Regardint�
Public Access below. This Easement does not grant a present right to any member of the public
to enter upon or use the Property in any way at this time. Further, Grantee shall only have the
right!to enter upon the Property as specifically provided herein.
2. Rights of Grantee. To accomplish the purpose of this Easement, the following rights
are conveyed to Grantee by this Ea Iement:
(a) To uphold the purpose and terms of this Easement. and to preserve and protect
the Conservation Values of the Property consistent with the terms of this Easement.
(b) All development rights, except as specifically reserved herein, that were
previously. are now or hereafter are allocated to, implied. reserved or inherent in the Property.
and the parties agree that such rights are terminated and extinguished, and may not be used on or
trari'sferred to any portion of the Property as it now or hereafter may be bounded or described.
Grantor and Grantee expressly acknowledge that this Easement shall not create any development
rights. except as specifically described herein,
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(c) The right to enter upon the Property at reasonable times upon 24-hour written
notice to Grantor in order. to monitor compliance with and otherwise enforce the terms of this
Easement in accordance with Section)7. Grantee's Access, herein. Grantee..shall not in any case
unreasonably interfere with Grantor's use and quiet enjoyment of the Property, provided that
such.use is consistent with the terms of this Easement,
(d) The Grantee shall rPl ort to the Department and the Conservancy by June 30 of
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eachyear after the annual monitoring visit, describing method of monitoring, condition of the
Property, stating whether any violations were found during the period, describing any corrective
actions taken, the resolution of any violation, and any transfer of interest in the Property. Failure
to do s1o shall not impair the validity of this Easement or limit its enforceability in any way.
(e) The right to reve It any activity on or use of the Property. that is inconsistent
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with the purpose of this Easement and to require the restoration of such areas or features of the.
Property that may be materially damaged by any inconsistent activity or use, as and to the extent
permitted by Section 6. Remedies.
(f) The right to enter Ithe Property to engage in the following future activities: the
planning, design, construction, operation and maintenance of a staging'area and recreational
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trais) for future .use by the general public for hiking, bicycling, equestrian uses and other
similar recreational uses, subject to satisfaction of the requirements of Section 7. Grantee's
Access (as to planning and design activities) or Section 8. Requirements Regarding Public .
Access (as to construction, operation and maintenance), below. Planning, design, construction,
operation and maintenance of a staging area and recreational trails does not significantly
diminish the agricultural capacity of the land. nor the Conservation Valdes. Grantee shall not
disturb the land or commence any grading, site preparation, or construction activities or allow
any, access or use of the Property by the general public unless and until Grantor and Grantee have
entered into a separate written agreement, addressing, among other items, Grantee's
construction, management. maintenance, operation, liability, indemnification and insurance
obligations with respect to the activities described in this Subsection:
(g) The right to enter the Property to engage in the following future activities:
the restoration, improvement or enhancement of the Conservation Values of the Property and the
planning or design for such activities, subject to satisfaction of the requirements of Section 7.
Grantees .Access (as to planning and design activities) or Section 9. Restoration by Grantee
(restoration. improvement or enhancement activities), below. Grantee shall not disturb the land
or undertake any physical activities designed to restore. improve or enhance the Conservation
Values of the Property unless and until Grantor and Grantee have entered into a separate written
agreement, addressing. among other items. Grantee's construction. management. maintenance,
operation, liability, indemnification and insurance obligations .with respect to the activities
described in this Subsection, and
(h) To erect and maintain a sign or other appropriate marker in a prominent
location on the Property acceptable to Grantor. visible from a public road, bearing information
indicating that the Property is protected by Grantee and acknowledging the source of Grantee's
funding. for the acquisition of this Easement. The wording of the information shall be
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determined by Grantee, and Grantee shall be responsible for the costs of erecting and
maintaining such sign or marker.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose
of this Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Placement, construction or maintenance of any structures and/or
improvements. other than those necessary to implement the reserved rights described in Section
4. Reserved Rights and Responsibilities, below, including. but.not limited to, trails and/or a
staging area,
(b) Leveling, grading, landscaping, or any other alteration of existing topography,
including the building of roads and including the exploration for, or development of, mineral
resources, excepting all work necessary to implement the reserved rights described in Section 4.
Reserved Rights and Responsibilities below;
(c) Discharge. dump/Ig, burning, or storing .of hazardous wastes, substances or
materials, garbage, landscape cuttings or clippings, sludge from sewage treatment plants. or
household chemicals:
(d) Killing, removal, alteration, or replacement of any existing native vegetation,
except as required or allowed by lawlfor the maintenance of existing roads and trails, fire breaks,
agriculture or the prevention or treatment of disease or non-native veoetation control and except
as necessary to implement the rights in Section 4;
(e) Activities that may alter the hydrology of the Property and the associated
watersheds, including but not limited to. excessive pumping of groundwater, inappropriate water
application, placement of storm water drains, or unseasonal watering, except as required for
mitigation projects. or to implement other reserved rights described in Section 4. Reserved
Rights and Responsibilities below.
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(f) Use of pesticides. herbicides, or rodenticides. and any and all other uses which
may adversely affect the Conservation Values of this Easement except as required or allowed by
law for a(uricultural activities, or maintenance. prevention, or treatment of disease or non-native
vegetation control. or to implement the rights described in Section 4. Reserved Rights and
Responsibilities. below. However, all such uses are prohibited within the Riparian Area., except
uponll the prior written approval of the Conservancy, or any successor. provided that such
approval is timely given and not unreasonably withheld.
(;g) Subdivision of the property;
(h) Development of he property, except as specifically authorized in Section ?.
Rights of Grantee and Section 4. Reserved Rights and Responsibilities. Subsection (b): and
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(i) Use of off-road vehicles except for property management purposes, including:
activities necessary to implement the rights described in Section 4. Reserved Rights and
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Responsibilities, below.
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I4. Reserved Rights and Responsibilities. Except as expressly provided in this
Easement, Grantor retains all possesFurther, Grantor reserves to
itself and to its personal representatives,sory rights to the Property.tives, heirs, successors, assigns, agents.and present and
potential future lessees or' licensees,! all rights accruing from its ownership of the Property,
including the right to engage in, or permit or irivite others to engage in, all uses of the Property
that are-not expressly prohibited herein and are not inconsistent with the purpose of this
Easement. Grantor retains.all remaining rights and responsibilities related,to the ownership and
operation of the Property that have not been conveyed to Grantee by this'Easement. or are not
conveyed in subsequent related agreements. Without limiting the generality of the foregoing,the
following rights are expressly reserved by Grantor:
(a) Grantor reseryes the right to deposit fill material, on an annual basis,
and/or emergency basis, from the adjacent Pine Creek Detention Basin and .from Pine Creek
upstream of the Walnut Creek channel, to a location generally indicated on Exhibit"D" as "fill."
Exhibit "D" is a grading plan. which, shows the existing topography, elevations and contours on
the Property and also shows the intended final graded appearance of the Property. The intent of
this deposit is to create natural-appearing contours on the Property and to restore the Property to
a more natural appearance and topography. Grantor agrees to notify Grantee prior to its
placement of such deposits with respect to the timing. amount, location and cumulative total of
the deposits. However. no rights are reserved for the deposit of fill. material in the Unrestricted
Agricultural Area, and such deposits are prohibited.
(i) The partiesl agree that such deposits will not exceed 80.000 total cubic
yards, that the deposits shall only be comprised of soils, sand. rip-rap, including but not limited
to broken concrete (as restricted below). and other natural materials such as rocks, roots, or other
vegetation from Pine Creek or they Pine Creek (Milton Kubicek) Detention Basin. and that
Grantor shall use its best reasonable efforts to take care that the fill deposits not include those
materials described in Section 3. Prohibited Uses, Subsection (c). above. If: despite such best
efforts. those materials are included in any deposit. Grantor shall promptly remove those
materials from the Property. To the extent that concrete and rip-rap materials are deposited. such
fill material shall be placed at the base of the fill and shall be at least four feet from the final
surface. The parties agree that the height of such contours shall be limited to the approximate
elevation of the southwest property icomer of APN 1.38-170-006 (estimated to be approximately
31? feet above sea level as shown on Exhibit "D"). and that such contours shall be located as far
away from North Gate Road and A i ovo del Cerro as practicable.
(ii) Grantor shall secure any and all required state and federal permits and
authorization to conduct such dredging and fill, and will comply with the California
Environmental Quality Act and federal and state laws regarding endanLered species.
(b) Grantor reserves the riaht to allow .Grantee, pursuant to Section 8.
Requirements Regarding Public Access, and entities other than Grantee, to construct, operate
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and/orl maintain an equestrian facility and/or staging area and recreational trail(s) for hiking
bicycling, equestrian uses and other similar recreational uses on the Property (the "Recreational
Uses"). Any equestrian facility or related improvements shall comply with the following:
(i). Any equestrian facility and staging area, if approved, shall be
located within the -acre building envelope ("Building Envelope Area") as generally shown on
Exhibit "E." . The construction of any such facility shall be done in full' compliance with all
applicable state and federal laws, statutes . rules and regulations. including, without limitation, all
appliciable land use and permitting laws, statutes, rules and regulations.
I (ii) The pariies understand and acknowledge that Contra Costa Count-
has the land use approval and permitting authority over the final design of any equestrian facility
and/or, other related improvements, subject to the requirements of the North Gate Specific Plan.
The p��rties understand and acknowledge that the County has full authority and discretion to
grant or deny applications for land use entitlements, building permits and any other approvals.
(iii) Any equestrian facility may be comprised of u to two outdoor
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arenas, hitching posts, restrooms and'a public address platform. Such equestrian facility will not
be a boarding facility. Grantor. actiria in its capacity as property owner, shall not unreasonably
withhold consent to an application b}- the City of Walnut Creek, or its nominee, and/or Grantee
fora license to use the propertyor a portion thereof for the purpose of constructing and operating
an equestrian facility and/or staging area as described hereinabove; provided, however, no
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construction of any such facility shall occur until the applicant and Grantor have entered into a
separate written agreement setting forth the rights and responsibilities associated with the
construction. maintenance and operation of such a facility, and other terms associated with the
use o lithe facility, including, but not limited to, compensation to, and indemnification of. Grantor
for such use.
(c) Grantor reserves the richt to use the Property for mitigation purposes to
compensate for adverse changes to the environment elsewhere caused by public projects
undertaken by the Grantor, or by the Contra Costa County Public Works Department, provided
these mitigation efforts are consistent with the purposes of this Easement, and have been
reviewed by and have received the prior written approval of the Conservancy, or any successor
organization, and, for any mitigation proposed for the. unrestricted Agricultural Area, reviewed
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and approved by the Director of thel Department or any successor organization. Such approval
shall be timely given and not unreasonably withheld.
(d) Grantor reserves the richt to install and/or maintain fences. cyates, water
wells, and any other fixtures or feat i res that are reasonably_ necessary to implement the reserved
rights described in this Section.
(e) Grantor reserves the right to graze livestock. maintain orchards and to
engage in sound. generally acceptable agricultural practices, including. but not limited to. weed
control and the placement of wood chips within orchards, and subject to the following additional
provisions:
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(i) Within the Unrestricted A(ricultural Area, the Grantor may engage
in the full range of agricultural husbandry practices. "Husbandry practices" means agricultural
activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or
maintained for commercial purposes in a manner consistent with proper and accepted customs
and standards, as established and followed by similar agricultural operations in the same. locality.
No terms in this easement shall be interpreted to restrict agricultural husbandry practices within
the Unrestricted Agricultural Area.
(ii) Within the Riparian Area, the Grantor may engage in agricultural
practices, but only in a manner and tolthe extent that the practices do not impair or interfere with
the other Conservation Values of the Property, including the natural resource and habitat values
associated with the Riparian Area.
(iii) Within Ithe Building Envelope Area, the Grantor may engage in
agricultural activities prior to any permitted development of the Area for:Recreational Uses or
for an equestrian facility and staging area, provided that such activities do not prevent or impair
future development of the Building Envelope Area as contemplated by this Easement. Use of the
Building Envelope Area for agricultural practices after any development shall be consistent with
the development.
(iv) Withinall other areas of the Property, the Grantor may engage in
agricultural practices, provided that such activities are not otherwise :inconsistent with the
provisions of this Easement.
(f) Grantor reserves the right to widen North Gate Road in accordance. with
the standards set forth in the North Gate Specific Plan.
(g) Grantor reserves the right to use the Property for water quality and water
conservation improvements to the extent consistent with the purposes of this Easement.
5. Notice and Approval.
(a) Notice of Intention to Undertake Certain Permitted Actions. The
purpose of requiring. Grantor to notify Grantee. prior to undertaking certain permitted activities,
as provided in Section 4 (a) above, is to afford Grantee an opportunity to monitor the activities in
question to ensure that they are designed and carried out in a manner that is consistent with the
purpose of this Easement. Whenever notice is required under the terms of this Easement. except
in the case of emergency, Grantor shall notify Grantee. and, when required, the Conservancy, the
Department or the�City. in writing, not less than 30 days prior to the date Grantor intends to
undertake the activity in question.) Following receipt of the notice. Grantee may request an
opportunity to meet with Grantor to discuss the proposed activity. Grantor will reasonably
accommodate such request. The notice shall describe the nature. scope, design, location,
timetable, and any other material aspect of the proposed activity in sufficient detail to permit
Grantee, or the Conservancy. to make an informed judgment as to the consistency with the
purpose of this Easement.
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(b) Grantee's Approval. Where Grantees approval is required under this.
Easement. Grantee shall, in writing, grant or withhold its approval within 30 days of receipt of
Grantor's written request therefore. Grantee's approval may be withheld only upon a reasonable
determination by Grantee that the action as proposed would be inconsistent with the purpose of
this Easement. If Grantee withholds approval, Grantee shall provide Grantor a written
explanation of Grantee's reason for withholding its approval. Grantee's failure to provide notice
to Grantor granting or withholding its approval in accordance with this Section shall be deemed
approval of the activity in the manner proposed by Grantor.
6.. Remedies.
(a) Only Grantor and Grantee shall have all rights available in equity or at law
to enforce the terms and conditions of this Easement. Forbearance by either Grantor or Grantee
to exercise its rights under this Easement in the event of any breach of any term of this Easement
shall not be deemed or construed to ble a waiver by such party of such term or of any subsequent
breach;of the same or any other te7i of this Easement or of any of such party's rights under this
Easement. No delay or omission in the exercise of any right or remedy hereunder shall be
construed as a waiver.
(b) The remedies of the Conservancy are limited to those expressly stated in
Section 11. The remedies of the Department are limited to those expressly_stated.in this
subsection. In the event the Grantee fails to enforce any term, condition, covenant or restriction
of this�Easement. as determined by the Director of the Department,the Department shall have
the right to enforce this Easement after giving written notice to the Grantee and Grantor and
providing a reasonable opportunity under the circumstances for the Grantee to enforce the term;
con dit,on; covenant or restriction.
(c) Nothing contained in this Easement shall be construed to entitle Grantee
or any other person or entity to bring any action against Grantor, including; but not limited to, an
action for injunctive relief, for damages or for restoration as axesult of any injury to or change in
the Property, caused by or resulting from any of the following: (i) natural causes including,
without limitation. fire, flood, storm, earth movement, (ii) the non-permitted acts of unrelated
thi4parties, so long as Grantor has( taken reasonable steps to control such acts that are feasible,
economically or otherwise, and practical in light of all circumstances, or.(iii) any action taken by
Grantor under emergency conditions, or otherwise, to prevent, abate or mitigate significant
injury to the Property resulting from such causes.
7. Grantee's Access. (Grantee, its successors, assigns, agents and employees, .shall
have the right to access the Property for the purposes of monitoring Grantor's substantial
compliance with the terms of this Easement. Such entry shall be permitted upon 24-hour written
notice to Grantor.
Grantee shall also have the right to access the Property for the purpose of undertaking
plarlining and design for any proposed Public Access and Recreation Plan or proposed
Gateiva_y E&Sement Final I 9
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Restoration Plan, upon reasonable advance notice to and written approval of the Grantor, which
approval shall not be unreasonably witlhheld.
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8. Requirements Regarding Public Access. Grantee shall not be entitled to. and
shall not, exercise its rights under I this Easement to utilize the Property for any of the
Recreational Uses, unless and until i(i) Grantee has submitted to Grantor and Grantor has
approved, in writing, a "Public Access and Recreation Plan," as described below, for the
proposed Recreation Use(s) and (ii) Grantor and Grantee have entered into a separate written
agreement that incorporates the approved plan and establishes a reasonable construction plan and
schedule, by which the Grantee agrees to manage, maintain and operate the approved activities
and improvements, to indemnify the Grantor, and to maintain insurance or self-insurance in
reasonable amounts with respect to the approved activities and associated improvements.
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(a) The Public Access and Recreation Plan shall include all of the following:
(i) A description of the proposed public access or recreational activity;
(ii) A map showing the location of the proposed access and any
improvements for the proposed access; and
(iii) Conceptual drawings.of anyimprovements for the proposed access.
(b) Grantor shall not unreasonably withhold approval of the Public Access
and Recreation Plan for the Recreational Uses provided that the proposed activities do not
interfere with other permitted uses of the Property by Grantor or other users, and do not
materially impair the Conservation!Values of the Property. Grantor's approval of a Public
Access and Recreation Plan shall not relieve Grantee of its obligation ,to obtain all necessary
permits encroachment permits land use permits, building permits) for the public access or
recreational activity proposed and for all associated improvements.
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(c) Upon Grantor's approval of a Public Access and Recreation Plan and
follo.wing execution of the separate agreement referred to above and the issuance of all necessary
permits by all appropriate agencies,) Grantee shall construct, manage, maintain and operate the
public access way and all associated improvements in accordance with the terms and conditions
of they separate agreement entered into between Grantor and Grantee with respect to such public
access and associated improvements, and shall indemnify and hold harmless Grantor and its
boards, directors. officers, emplovees. agents, contractors, personal representatives, successors
and assigns of-each of them from and against all liabilities, penalties, costs,losses, damages,
expenses, causes of action, claims, demands or judgments, including, without limitation,
reasonable attorneys' fees, arising from or in any way connected with injury to or death of anv
person. or physical damage to any property, resulting from any act, omission. condition, arising
out of or related to the construction. use or maintenance of the public access way and/or the
associated improvements, except to the extent of the adjudicated proportionate fault of Grantor.
9. Restoration by Grantee. Grantee shall not be entitled to, and shall not, exercise its
right's under this Easement to utilize the Property for activities designed to restore, improve or
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enhanced the Conservation Values of the Property unless and until (i) Grantee has submitted to
Grantor and Grantor has approved inwriting a 'Restoration Plan," as described below, and (ii)
Grantors and Grantee have .entered into a separate. written agreement that incorporates the
approved plan, establishes a reasonable construction plan and schedule, and by which the
Grantee) agrees to manage, maintain and operate the approved activities and improvements, to
indemnify the Grantor and to maintain insurance in reasonable amounts with respect to the
approved activities and associated improvements.
IA Restoration Plan shall include all of the following:
(a) A description Lf the restoration activity proposed, including, but not
limitedIto,the intended method of restoration, and the anticipated final condition of the area after
such restoration;
li (b) A map showing the location of the proposed restoration activity and any
improvements for the proposed restoration activity; and
(c) Conceptual drawings of any physical improvements or changes associated
with the proposed restoration.
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Grantor shall not unreasonably withhold approval of a Restoration Plan, provided that the
proposed activities do not interfere with other permitted uses of.the Property by Grantor or other
users. and provided that the restoration activities result in significant improvement to the habitat,
natural resources on the Property and do not significantly impair the Conservation Values of the
Property. Grantor's approval of a Restoration Plan shall not relieve Grantee of its obligation to
obtain all necessary permits (e.g.,'encroachment permits, land use permits, building permits), or
otheri governmental approvals, for the proposed restoration. activity and for all associated
improvements.
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Upon Grantor's approval of a Restoration Plan and following execution of the separate
agreement referred to above and the issuance of all necessary permits by all appropriate
agencies, Grantee shall perform, construct, manage, maintain and operate the restoration
activities and all associated improvements in accordance with the terms and conditions of the
separate agreement entered into between Grantor and Grantee with respect to such restoration
activities and associated improvements, and shall indemnify and hold harmless Grantor and its
boards, directors. officers. emploveies, a�(zents, contractors, personal representatives, successors
and assigns of each of them and the Department from and against all liabilities, penalties. costs..
losses, damages. expenses, causes of action. claims, demands or judgements, including, without
limitation, reasonable attorneys' fees, arising from or in any, way connected with injury to or
death 1 of any person, or physical damage to any property, resulting from any act, omission,
condition, arising out of or related to the performance, construction, use or maintenance of the
restoration activities and/or the associated improvements, except to the extent of the adjudicated
proportionate fault of Grantor or they Department.
10. No Warranties. Grantee understands and acknowledges that Grantor makes no
representations, warranties or guarantees of any kind or character, express or implied, with
Gatewav Easement Final
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respect to the Property, and Grantee is entering into this transaction without relying in any
manner on any such representation or warranty by Grantor.
11. Vesting of Grantee's Interest in the State. If Grantee shall cease to exist for any
reason, or cease to be a qualified organization under section 170(h) of the Internal Revenue
Code, as amended, or to be authorized to acquire and hold conservation easements under
California lave, or if any of the essential provisions of this Easement are violated, then Grantee's.
right.. title. and interest in the Easement shall automatically vest in the State of California for the
benefit of the Conservancy or its successor, upon acceptance of the Easement and approval by
the State Public Works Board; provided, however,that the State, through the Executive Officer
of the Conservancy, or its successor, may designate another public agency or a nonprofit
organization to accept the right, title and interest, in which case vesting shall be in that agency or
organization rather than in the State. For purposes of this paragraph, the "essential provisions of
this Easement" are those set forth in Sections 1, 2, 3, 11, and 12 of this Easement and the
requirements for approval of the. Conservancy with respect to mitigation projects undertaken
pursuant to Section 4(c) of this Easement.
12. Assignment. Grantee may assign its rights and obligations under this Easement only
to an organization that is a qualified organization at the time of transfer under Section 170(h) of
the Internal Revenue Code (or any successor provision then applicable), and authorized to
acquire and hold conservation easements under California Civil Code sections 81i et seq. (or any,
successor provision then applicable) or the laws of the United States. Any assignment of rights
under this Section shall be subjecti to the prior written consent of Grantor, the California
Department and the Conservancy, or their successors. Any assignment without such consent
shall tie void and of no effect. Such consents shall not be unreasonably withheld. As a condition
of such transfer, Grantee shall require that the conservation purposes that this grant is intended to
advance, continue to be carried out.
13. Indemnification. Gran ltor agrees to indemnify and hold harmless the Grantee and
the Department for the Grantor's share of any and all claims. costs and liability for any damage.
injury,or death of or to any person or the property of any person, including attorneys fees. arising
out of the willful misconduct or the negligent acts. errors or omissions of Grantor in the
performance of this Easement.
Grantee agrees to indemnify and hold harmless the Grantor and the Department for the
Grantee's share of any and all claims, costs and liability for any damage. iniury or death of or to
any person or the property of any person, including attorneys fees, arising out of the willful
misconduct or the negligent acts. errors or omissions of Grantee in the performance of this
Easement.
14. Subsequent Transfers. +Grantor agrees to incorporate the terms of this Easement by
reference in any deed or other leaal instrument by which it divests itself of any interest in all or a
portion of the Property encumbered)b} the. Easement, including, without limitation. a leasehold
interest. Grantor further agrees to gi,ve written notice to Grantee of the transfer of any interest at
least 30 days prior to the date of such transfer. The failure of Grantor to perform any act
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required by this Section shall not impair the validity of this Easement nor limit its enforceability
in any, way.
15. Amendment of Easement.) This Easement may be amended only with reasonable
advance notice to the Conservancy and the. City and the written consent of Grantor, Grantee. and
the Department,provided that consent by the Department is timely given and not unreasonably
withheld. Any such amendment shall be consistent with the purposes of this Easement and with
Grantee's easement amendment policies. and shall comply with all applicable laws, including
Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with
that section, and with Section 815 et seq. of the California Civil Code, and the California
Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public
Resources Code. and any regulations promulgated thereunder. No amendment shall diminish or
affect the perpetual duration or the puipose of this Easement, nor the status or rights of the
Grantee under the terms of this Easement.
his Easement and any amendment it shall be recorded in Contra Costa County.
Tndme to -
Copies of any amendments to. this Easement shall be provided to the Department, the
Conservancy and the City.
16. Notices. Any notice, demand. request, consent, approval; or communication that
either party desires or is required to give to the other shall be in writing and be deemed to have
been delivered and given upon receipt by addressee if: (i) delivered in person to the specified
address, (ii) sent by registered or certified United States mail. return.receipt requested.. addressed
to such party at the specified address; (iii) sent by Federal Express or other reputable overnight
carrier for next day delivery addressed to such party at the specified address; or (iv) by facsimile
(with Ithe original delivered by other means set forth herein). The specified addresses of the
parties are as follows (provided, however, that from time to time either party may designate
another address within California by giving the other party not less than thirty (30) days' written
notice of such change of address in accordance with the provisions hereof):
To Grantor:
Contra Costa County Flood Control District
Deputy Public Works Director
Public Works Department
255 Glacier Drive
Martinez, CA 94553-4825
Facsimile: (925) 313-2333
To Grantee:
I East Bay Regional Park District
Land Acquisition Manager
2950 Peralta.Oaks Court
P.O. Box 5381
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Oakland, CA 94606-0381
(Facsimile: (510) 569-1417
ITo the Conservancy at:
State Coastal Conservancy
1330 Broadway, 11"' Floor
Oakland, CA 94612
Attn: Project Manager—EBR(D Diablo Gateway Easement
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To the Department of Conservation at:
Director,Department of Conservation
801 K Street, MS 18-01
fSacramento, CA 95814
IAttn: California Farmland ColInservancy Program
To the City of Walnut Creek at:
City of Walnut Creek - -
City Manager
11666 North Main Street
P.O. Boy: 8039
I Walnut.Creek, CA 94596
17. No Secondary Rights. Nothing herein contained shall be construed as conveying
access or other secondary rights over any of Grantor's adjacent lands lying outside of the
Prope lrty.
18. Recordation. Grantee shall record this instrument in timely fashion in the official
records of Contra Costa County, California, and may re-record it at any time as may be required
to preserve its rights in this Easement:
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19. General Provisions.
(a) Controllina Law. The interpretation and performance of this Easement
shall be governed by the laws of the iState of California. The venue of any litigation pertaining to
this Easement shall be Contra Costa County, California.
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(b) Liberal Construction. This Easement shall not be construed as if it had
been(prepared by one of the parties, but rather as if all parties have prepared it. The parties to
this Easement and their counsel have read this Easement and agree that any general rule of
construction to the contrary notwithstanding, this Easement shall. be liberally construed in favor
of the grant to effect the purpose ofjthis Easement and the policy and purpose of California Civil
CodejSection 81 et seq. Further, the parties agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of
this Easement, and that if any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision valid
shall'be favored over any interpretai ion that would render it invalid.
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(c) Severability. If any provision of this Easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, 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.
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(d) Entire Agreement. This instrument, and the Purchase and Sale
Agreement to which this Easement is attached as an exhibit, including all exhibits attached to
this Easement and to the Purchase and Sale Agreement, set forth the entire agreement of the
parties with respect to the Easement and supersede all prior discussions, negotiations,
understandings, or agreements relating to the Easement. This Easement may not be modified in
any manner except by an instrument in writing executed by. the parties or their successors in
interest.
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(e) No Third Party Beneficiaries. Except as expressly provided for in this
Easement. nothing in this Easement is intended to confer on any person any rights or remedies
under or by reason of this Easement".1
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(f) Successors. The covenants, terms, conditions, and restrictions of this.
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, successors, ,and. assigns and shall .continue as a servitude
running in perpetuity with the Property.
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(g) Termination of Rights and Obligations. A party's rights and obligations
transfer of the party's interest in the Easement or Property
underi this Easement terminate upon
except that liability for acts or omissions occurring prior to transfer shall survive transfer.
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this-instrument and shall have no effect upon
construction or interpretation.
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(i) 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
dispalrity between the counterparts produced. the recorded counterpart shall be controlling.
i TO HAVE AND TO HOLD junto Grantee, its successors, and assigns forever.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement on the day
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From:Realll Property 925+6=16+02085 09/19/2006 10: 11 #047 P.002/002
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�I 1N WITNESS WHEREOF, Iracitor and Grantee have executed this Easement on the clay
and year first above written.
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GRA-N-TOR: GRANTEE:
COtiTR_A COSTA COUNTY FLOOD EAST BAY REGIONAL
C �I -ROL WAT -;R CONSERVATION DISTRICT I'AR.K TRICT
By rjv G,
I J iln Gioia I Pat O'Brien,
ir, Board of Supervisors General Manager
Approved as to form: Approu d as to form:
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Silvaino B. Marcliesi,
County Counsel Ted Radosevich
.District Counsel
By
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�j Sharon L. Anderson,
Chief Assistant County Counsel
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Gateway F.al anent Final 16
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LIST 4F EXHBITS i
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EXHIBIT"A" Legal Description
EXHIBIT"B" Plat Map
EXHIBIT"C" Description of Existing Property Features
9 EXHIBIT"D" Site Grading Plan - Existing and Future Conditions
� EXHIBIT"E" Buildin,� Envelope Area, Unrestricted Agricultural Area and
IiJ i Riparian Area
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Gate l gay Easement Fina! ! 17
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Pine Creek Detention Basin
I I Excess Lands
Parcels X l 03 5 and X1036
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EXHIBIT "A")
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AM of Parcels One, Two, Three, and Fourr awarded to Contra Costa County
Flood Control and Water Conservation District in the Final Order of
Condemnation recorded August 10, 1982 in Book 10887 at page 39 of
Official Records of Contrai Costa County, California, and as shown in
Exhibit "B", Contra Costa County Public Works Department Drawing EB-
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Containing an area of 36.646 acres of land, more or less.
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G:'GrnUaui`Admm'•rIndr�OUG\T�orth Gate E.lhihii A.doc
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EAIIBIT C
Baseline Inventory d Descriptionl of Existing Propero,-Features-Mt. Diablo Gatewgja
1Conservation Easement Preserve-Pine Creek Detention Basin Surplus Propert)t
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Date: 1 5-31-2006
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Prepared by: 1
Seth Adanis, Director of Land Programs, Save Mount Diablo
Nancy lWenninger, Land Acquisition Manager, East Bay Regional Park District
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Exhibit C is a summary of Notebook: Baveline Invenion)&Description of Existing Properh)Features -
kit. Diablo Gatewav Conservation Easement Preserve-Pine Creek Detention Basin Surplus Property.
Copies are maintained at Contra Costa County Flood Control and Water Conservation District(grantor)
and East Bay Regional Park District(grantee). Pertinent materials include the conservation easement
text, aerial photo map, assessor's parcel map and ground level photos of the property. Copies have been
conveyed to Save Mount Diablo, the Coastal Conservancy, and the City of Walnut Creek.
Date of Site Visit: November 5, 2005,March 12, 2006
Anticipated Date of Conveyance of Conservation Easement: June 2006
Prop Ilrt} Ownership:
Gran,tor(s): Contra Costa County Flood Control and Water Conservation District
1 Address: 255 Glacier Drive
Martinez. CA 9.4553
Rep: Mitch Avalon, Deputy Public Works Director
III Phone: 925-313-2203 1 .
Grantee(s): East Bay Regiinal Par]:District
Address: 2950 Peralta Oaks Court
�I P.U. Box 53811
I Oakland, CA 94605-0381
Rep: Nancy Wenninger, Land Acquisition Manages-
Phone: 510-544-26071
Name of Easement: Mt. Diablo Gateway Conservation Easement Preserve
�I Legal Descrip.: See Easement Exhibit A'
Total Acres: 36.646 acres "more or less"
1 County: Contra Costa Countv
Dirl 'etions: From Ygnaci I Valley Blvd., in Walnut Creek, take Oak Grove Road south to
�I Northgate Road, south. The property is at west. just:before the entrance to Mt.
Diablo State Park.
Description: The vacant property stretches west from a panhandle along Northgate Road
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(eastern boundary)approx. 660' before widening into a rough rectangle and
i extending.another 1415'. Ifs traversed by Arroyo del Cerro creek near the
southwestern corner boundary. On the north it adjoins the Milton Kubicek/Pine
III Creek detention basin wetlands and private propem,. On the south it is bounded
Baseline Inrenion-&Description of Lxisring Property Features-Ali.Diablo Gatewav Conservation Easement Preserve-'rine Creek
Deilentian Basin Surplus l'roperrn Aim!31,1006
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by Diablo Foothills Regional Park. Its southeast corner is the entrance gate to
Mt. Diablo State Park.
Topogralphy: The property is a nearly flat plateau which drops from approx. 320' to.240'at its
southwester corner across Arroyo del Cerro creek and northern boundary to the
Milton Kubicek/Pine Creel: detention basin wetlands.
Conservation Purposes of the Easement:
A brielsummary of the main provisions of the Conservation Easement is provided below. However, this
summary should not be relied upon regarding specific content of the Conservation Easement; the
language of the Conservation Easement shall prevail.
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Preservation of natural, scenic, agricultural, open space and recreational values.
Buffer between residential usIes.and Mt. Diablo State Park, Diablo Foothills Regional Park,
II i Lime Ridge Open Space& Shell Ridge Open Space and the large Gi iochio Ranch, as well as
the Contra Costa County Urban Limit Line(ULL).
3.11 Preservation of a visual corridor from Central Contra Costa County to Mt. Diablo.
4.iI Preservation of wildlife corridors stretching along Arroyo del Cerro creek and between the
parks above and the Milton Kubicek/Pine Creek detention basin wetlands, including habitat
for wildlife such as the federally listed California red-legged frog and the Alameda
1 whipsnake, and a variety of species including valley oak, mule deer and golden eagle.
5! Preservation of the water quality of Arroyo del Cerro Creek,the adjacent Pine Creek
Detention Basin wetlands, as well as Pine Creek.
6� Preservation of recreational!corridors and uses, for public recreational use and limited public
access.
7i Preservation of agricultural resources, and the retention of agricultural land in perpetuity
Critical Elements of the Conservation Easement:
iFuture actions, subject to satisfaction of the requirements of the easement, could include:
i. Planning, design, construction, operation and maintenance of a staging. area and
recreational trails)for future public use for hiking, bicycling; equestrian uses
I and other similar recreational uses; including possible creation of an equestrian
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facility.
. Any equestrian facility and staging area shall be. located within the "-
acre benvelope as generally shown on.easement Exhibit "E." Equestrian
Ifacility may be comprised of up to two outdoor arenas,hitching posts, restrooms
and a public address platform but will not be a boarding facilit}.
J ii. Restoration; improvement or enhancement of the Conservation Values of the
Property.
iii. Erection and maintenance of a sign or other appropriate marker in a prominent
location on the Property.
2. The Grantor reserves tlle right, subject to satisfaction of the terms of the easement, to:
i. Deposit fill material, on an annual basis, and/or emergency basis, from the
adjacent Pine' Creek Detention Basin and from Pine Creek upstream of the
Walnut Creek charinel,to a location generally indicated on easement Exhibit"D"
as "fill." The intent of this deposit is to create natural-appearing contours on the
Property and to restore the Property to a more natural appearance and
topography. I Such deposits can not exceed 80.000 total cubic yards, from Pine
Creek or thelPine Creek (Milton Kubicek)Detention Basin; The parties agree
that the height of such contours sliall be limited to the approximate elevation of
tiie southwest properh, corner of APN 138-170-006 (estimated to be
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Baseline lnventorP d Description orExisting Pr I perm Features-Aft.Diablo Gatetvm,Coasmaiian Easement Preserve-Pine Creek
Dciemion basin Surplus Property x1m 11.2006
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approximately 312 feet above sea level as shown on Exhibit"D"), and that such
contours shall be liocated as far away from North Gate Road and An-oyo del
Cerro as practicable.
I ii. Use the Property for mitigation purposes to compensate for adverse changes to
I the environment caused by public projects elsewhere.
iii. Graze livestock, maintain orchards and to engage in sound,generally acceptable
agricultural practices, including,-but not limited to, weed control and the
placement of wood chips within orchards.
iv. Widen North Gate Road in accordance with the standards set forth in the North
Gate Specific Plain.
v. Use the Property�for water quality and water conservation improvements.
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Land Use: Historic uses include orchards, and most recently heavy grazing. The property was
it acquired by the District when the adjacent detention basin/wetlands were created,and
II i soils from the basin were deposited onsite.
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Current use: Intensive cattle grazing by the neighboring rancher.
Adjac'I int land uses:
North�l A small subdivision, and Pine Cleek(Milton Kubicek)Detention Basin.
East i North(Tate Road, across which are small ranchette parcels.
South-1 i Diablo Foothills Regional Preserve, an enhanced section of Arroyo del Cerro Creel:.
West i Small residential parcels.
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Property Structures,Developments &Man-made Features:
No structures. A suibsurface P.O.B. l0 j wide well and delivery system easement crosses the property
from NE to SW.
Geolow/Soils:
No in formation.
Veaetation:
The property is primarily non-native grassland with wild oats,filaree, Italian thistle and yellow star
thistle. The Arroyo del Cerro riparian corridor-is vegetated, including willow, buckeye and live cak.
other61se there are just a few large valley oaks.. There are a few relict fruit trees. No evidence of rare
plant species has been found. Species observed:
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Achy achaena mollis blow-wives I Chamomilla suaveolens Pineapple weed
Aesculus califomica buckeye I Erodium cicutarium filaree
Amsinckia fiddleneck I Medicago polymorphs bur clover
Anagallis arvensis pimpernel Poa annua annual blue grass
Averia fatua wild oat Quercus agrifolia live oak
Bellardia trixano Mediterranean linseed Quercus lobata valley oak
Bromus diandrus ripgut i Salix lasiolepis Arroyo willovv
Carduus pycnocephalus Italian thistle Stellaria nitens chickweed
Centaurea solstitialis Yellow star thistle Toxicodendron diversilobum poison oak
Vulpia myuros annual fescue
Water: I
Interior water: Approx. 5.00( of Arroyo del Cerro creel: crosses near the southwestern corner
Ii boundary. To the south, offsite, the Arrovo del Cerro creek channel in a 46 acre.
i section of Diablo Foothills Regional Park, stretching, east then south, was
enhanced in 12002 by EBRPD.
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Baseii»c Im en[nrn Description o/Existing Propert!Features-A4t.Diablo Gateway Conservation Easement Prescmr Pine Creek
Detcntion Basin Surplus Propem., Alair 31.2006
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Condition of bank: Vegetated.
WildlifJ
General!1description of habitat:
Non-native grassland with seasonal riparian and riparian vegetation.
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Endangered, threatened, or rare species):
Likely California red-legged frog (Rana aurora draytonii)(confirmed upstream and in Pine Creek).
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PossiblelAlameda whipsnake(Masticophis lateralis eurylanthus).
Birds: I
Apheloconta californica Western Scrub Jay
Aquila cltivsaetos Golden Eagle
Buteo jamaicensis Red-tailed Hawk I
Corvus corax Common Raven
Mimus polyglottos Northern mockingbird
Sturnellaiineg)ecta Western Meadowlark!
Zenaida 1 acroura) Mourning Dove
I
Mammals:
Canis iatTans Covote
Odocoileus hemionus Mule Deer
Procyon ilotor Raccoon i
Spermophilus beecheyi California ground squirrel
Reptil is/Amphibians:
Sceloporis occidentalis Western fence lizard
Insects/Butterflies:
Occidryac Chalcedona Chalcedon checkers)at
Recreation/Scenic Values:
Tire prloperly is adjacent to Diablo Foothills Regional Park and Mt. Diablo State Park, in close proximity
to Shell Ridge Open Space and Lime Ridge Open Space. A paved trail passes along the border of the
neighboring detention basin wetlands. Currently there is no staging along North Gate Road and a trail
connection up into the State Park is desirable. A staging area.and possible equestrian facility are
contemplated onsite along Northgate Road. as is a trail connection through the property to the Regional
Park. (Though iow in elevation,the property is visible.from throughout Central Contra Costa County and
views)are uninterrupted up to Mt. Diablo.
Contacts for other Agency/Organization with an Interest in the Conservation Easement:
Coastal Conservancy. Ann Buell-California Coastal Conservancy, 1330 Broadway, 1 1 Floor,
Oakland, CA 9461-1.:. 510 286-0752; e-mail: abuell(ibscc.ca.gov
California Dept. of Conservation I Califontia Farmland Conservancy Program, 801 K Street, MS
24-01 Sacramento. CA 95814: 916 322-1080. 916 324-0850 e-mail: cfcpi ).consrv.ca.vov
Walnut Creek Kevin Saf ine, Assistant to the City Manager, City of Walnut Creek. 1666 N orth Main
Street, Walnut Creel:, CA 94596; 925 2!56-3589. e.-mail: saftne@walnut-creek.org
Mt.Diablo Gateway Assoc. .loAnnlHanna, 950 Trails End, Walnut.Creek, CA 94598; 925 935-7066
Shirley Nootbaar, 1300 Castle.Rock Rd., Walnut Creek. CA 94598: 925 943-1945
Save�IMount Diablo Seth Adams. Director of Land Programs, Save Mount Diablo, 1.901 Olympic
Blvd... Suite 220, Walnut Creek, CA 94596; 925 947-3535. E-mail: sadamsilsavemountdia.blo.om
4
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SrATE,up GALIFC�RNIA RESOURCES AGENCY �_ ARNO.D SCHWA ZZENEGGER.GOVERNOR
,-� DEPARTMIENT OF CONSERVATION
DIVISION IOF LAND RESOURCE PROTECTION Exhibit B
801 K STREETI . MS 18-01 • SACRAMENTO,CALIFORNIA 4581 a
PHONE c)16132-4-fl 60 FAX 916/3Z7-.V-7D roo 9161324-25M WEBUM c insawftmca,gm
Augur 14, 2006
Mr. Patrick Roche, F<hncipal Planner
Cancra Costa County
Community Development Department
651 ,)sine Street, 4d' Floor, North.Wirig
Martinez, CA 8455:3-0095
RE: Williamson Act Easement Exchange Project: Humphrey Property
(County Files: GP#04-0010, RZ#04.3150, SD#04-8905 and DP#04-3091)
Dear Mr. Roche:
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On June 12, 2006, the Department�of Conservation (Department)extendeJ the time period for
submission of the c•-ancellation fee for the Humphrey Property to July 14, 2006. On July 11, 2006,
the Department approved the release of$544,250.00 deposited by Davidc-n Homes for the
purchase of the Ch;iparral Springs easement and extended the submissio-i period for the
Gateway easement to August 14, 2006. Assuming the Chaparral Springs easement has been.
purchased for$544,250.00 a balance of$612,750.00 should still remain.
As you are aware, Linder the terms of Resolution No.20061272, the 51,15",000.00 cancellation
fee funds depositec by Davidon Homes with the County Treasurer are to t:e used either to fund
purchases of the Cl tiaparral Springs and Gateway properties for exchange easements, or as a
cancellation fee payment, depending on timeliness of the Department of Conservation's review
andll approval of the Rescission Agreement. Specifically, the Resolution provides that the funds
will be remitted to tlte State as a cancellation fee within 30 days of payment or within such time
as the Department determines in writing is an appropriate extension of the thirty-day time period
referenced in Gove nment Code section 51283(e), if the Department's review and approval is
incomplete.
This letter further advises Contra Costa County of the Department's deteh nination to extend the
time period for submission of the remaining cancellation fee amount to September 30, 2006, to
alloy"the Department the time necessary to complete review of the propo:red Gateway property.
If you have any questions, please contact me at (916)324-0850.
Sinie�rely, �
Dennis J.�D'Bryant
Acting Assistant Di,ector
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]''he Deparm,enr of Corccervarion's miuian is to prorecr Californians and their mvimnmenr by:
Pnmccung lives andpmperryfrom earthquakes and landslides;Ensuring safe minim and oil and gas drilling;
Conserving California's farmland;and Saving energy and resources rhroul h recycling.
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CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE;MARTINEZ, CALIFORNIA
DATE: August 15, 2006
TO: Board of Supervisors
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FROM:$' J�Oe_M. Shiu, Chief Engineer
SUBJECT: NORTHGATE PROPERTY CONSERVATION EASEMENT
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Pursuant to the terms of the Better ,Government Ordinance, it is requested that the Board of
Supervisors waive the requirement that Board Orders and other staff materials be distributed to the
Board nand be made available to the public 96 hours before a Board meeting,and accept the attached,
revised Board Order and attachments pertaining to the conveyance of a Grant of Perpetual
Agricultural and Open Space Conservation Easement to the East Bay Regional Park District. This
Board Order is intended to supplemenit and supersede the previously submitted Board Order in the
Board!l's agenda packet. Ordinance Code section 25-2.206(a) allows the Board to waive the 96 hour
requirement and accept these materials by a three-fourths vote when,in its judgment,it is essential to
do so.
The revised Board Order results from negotiations that have occurred since the date the original
Board Order was submitted, through Monday, August 14, 2006. These negotiations were not
complete, and the form of easement as not approved by staff, until yesterday. As such, these
materials could not have been submitted earlier.
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MMS:GG:cw
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G:\FIdC'tl\Greg\Mv Documents\200608 August 2006
\BGC)Exception Memo-Northoate08-15-06.doc
Attachments
C: Sha ron Anderson,County Counsel
R.Mitch Avalon,Deputy Chief Engineer
Gre,Connaughton,Flood Control
K.Laws,Real Property
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