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HomeMy WebLinkAboutRESOLUTIONS - 10282008 - 2008/653Recorded at request of: Contra Costa County Board of Supervisors Return to: Department of Conservation and Development Current Planning Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2008,by the following vote: AYES:Gioia, Uilkema, Piepho, Bonilla, and Glover NOES:None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/653 SUBJECT: Accepting Offer of Dedication of Scenic Easements for 7 Country Oak Lane, Alamo area(APN 194-080-002), from property owner, Lake Tahoe Company LLC, for Recording Purposes Only, as recommended by the Director of Conservation and Development. (Sup. District 111) WHEREAS, the owner of the property at 7 Country Oak Lane, in the Alamo area(APN 194-080-002) a 21.8 acre property, Lake Tahoe Company LLC, proposes to voluntarily grant deed an Offer of Dedication of Scenic Easements to Contra Costa County; said property is located within the Bryan Ranch residential development, and the northern and eastern boundaries adjoin Mount Diablo State Park; WHEREAS, said Offer provides for a scenic easement covering the northern portion of the property ("Hillside Easement"), and a scenic easement covering the southern portion of the property ("Creekside Easement"); WHEREAS, said Offer would restrict development activity within the affected areas that would be subject to these deeds; WHEREAS, the Offer stipulates that the Grantee ("County") shall not accept the Grant of Scenic Easements until after the County has issued a certificate of occupancy for the main residential building that is part of Grantor's project, provided that if the Grantor is unable to complete construction of the main residential structure prior to the expiration of the permits Grantor has obtained from the County, then Grantee shall accept the Grant of Scenic Easement only if either of the following have subsequently occurred: (i) the County has issued a certificate of occupancy for a new residential structure comprising a total floor area of at least 6,000 square feet, or(ii) the County has approved a parcel map or tentative map subdividing the property into RESOL UTION NO. 200813 two or more residential lots; WHEREAS, the General Plan designates the site Open Space; this designation includes privately owned properties for which future development rights have been deeded to a public or private agency, including steep unbuildable portions of approved subdivisions. Other pertinent General Plan policies include: 8-78. Where feasible, existing natural waterways shall be protected and preserved in their natural state,.... 8-85. Natural watercourses shall be integrated into new development in such a way that they are accessible and provide a positive visual element. 9-14. development on open hillsides and significant ridgelines shall be restricted. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Contra Costa County finds the acceptance of the proposed Offer of Dedication of Scenic Easements consistent with the General Plan. FURTHER, that the following instrument is hereby ACCEPTED FOR RECORDING PURPOSES ONLY AT THIS TIME: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Offer of Dedication of Lake Tahoe Scenic Easements APN 194-080-002 Company LLC Alamo III G:\Current Planning\curr-plan\Board\Resolutions\ BO-Acc SE 7 COL.res.doc Originator: Department of Conservation&Development(CP) Contact: Bob Drake(335-1214) Recording to be completed by Clerk of the Board I hereby certify that this is a true and correct,copy of an cc: Current Planning,Community Development action taken and entered on the minutes of the Board of Public Works Dept.,Engineering Services Morrison and Foerster LLC,David Gold Supervisors on the date shown. 101 Ygnacio Valley Road,Ste.450 Walnut Creek,CA 94596 Save Mount Diablo ATTESTED: 1901 Olympic Blvd.,Ste.220 DAVID TWA, Clerk of the Board of Supervisors and Walnut Creek,CA 94596 East Bay Regional Park District County Administrator PO Box 5381 Oakland,CA 94605-0381 By Deputy RESOLUTION NO.2008/653 2 IIII III III I III II III III I I IIII IIII III I IIII I IIII it II RECORDING REQUESTED BY CONTRA COSTA Co Retarder Off iceSTEPHENL. WEIR Clerk-Recorder 20ContraCostaCountyDepartmentof DOC— 0$-024341$-00 Er`?piliWednesday, NOV 05, 2008 09:21:03ConservationandDevelopmentFRE Community Development Division Tt 1 Pd 0,00 Nbr-0004250006 Irc/R9/1-24 WHEN RECORDED MAIL TO Contra Costa County Department of Conservation and Development Community Development Division 651 Pine Street 4th Floor,North Wing Martinez, CA 94553 Attention: Bob Drake Space Above This Line For Recorder's Use Only) OFFER OF DEDICATION OF SCENIC EASEMENTS This Offer of Dedication of Scenic Easements (this "Agreement")is made as of y 2-.;7, 2008, by LAKE TAHOE LAND COMPANY, LLC, a Nevada limited liability company("Grantor"), to the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("Grantee"). RECITALS WHEREAS, Grantor is the owner in fee simple of that certain real property (individually, the"Hillside Easement Area"and"Creekside Easement Area"and collectively,the"Easement Areas")located in Contra Costa County, California, more particularly described in Exhibits A through D attached hereto; and WHEREAS, Grantor contemplates the construction of a residential structure and related accessory structures on the portion of Grantor's property located at 7 Country Oak Lane,Alamo, California,which is not within either of the Easement Areas ("Grantor's Project"); WHEREAS, the Easement Areas are located adjacent to Mount Diablo State Park and are visible from public trails within Mount Diablo State Park and nearby trails; and WHEREAS,the Easement Areas provide a relatively natural habitat for plants and possess scenic values due to their visibility from Mount Diablo State Park; and we-134829 WHEREAS, Grantee is a political subdivision of the State of California and the Easement Areas are located within Grantee's territorial jurisdiction; and WHEREAS, Grantor and Grantee recognize the scenic values and significance of the Easement Areas, and have the common purpose of conserving and preserving the scenic values and significance of the Easement Areas; and WHEREAS, the transfer of a scenic easement by Grantor to Grantee on the Easement Areas will assist in preserving and maintaining; for the benefit of the people of Contra Costa County and the State of California,the scenic features of the Easement Areas;and WHEREAS,to that end, Grantor desires to transfer to Grantee a scenic easement in gross in perpetuity on the Hillside Easement Area and a scenic easement in gross in perpetuity on the Creekside Easement Area; and WHEREAS, Grantor's desire to convey these scenic easements to Grantee is voluntary in nature and shall not be construed as a condition to issuance of any permit or approval required by Contra Costa County for Grantor's Project; and. WHEREAS, Grantor and Grantee intend that Grantor's voluntarily assumed obligation to convey these scenic easements to Grantee shall be contingent upon the issuance by Contra Costa County of the certificate of occupancy for the residential structure that is part of Grantor's Prc j ect. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants, terms, conditions, and restrictions set forth in this Agreement, Grantor does hereby, pursuant to the procedures set forth in California Government Code section 7050, irrevocably offer for dedication the scenic easements described below: 1. Grant of Scenic Easements. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns a perpetual,irrevocable and non-exclusive scenic easement in gross over the Hillside Easement Area, which is more particularly described in Exhibits A and B, hereinafter the"Hillside Easement")and a perpetual, irrevocable and non-exclusive scenic easement in gross over the Creekside Easement Area, which is more particularly described in Exhibits C and D, (hereinafter the"Creekside Easement"). The Hillside Easement and the Creekside Easement are collectively referred to hereinafter as the"Easements." Said easements are validly created pursuant to all relevant statutory requirements, and consist of the rights, covenants, restrictions, conditions and limitations enumerated hereinafter, subject to the reservations of rights hereinafter set forth, all of which rights,covenants,restrictions, conditions, limitations and reservations shall operate as covenants running with the land in perpetuity and shall bind Grantor and all of Grantor's agents,personal representatives, heirs, assigns, and all other successors in ownership to the Easement Areas in perpetuity. It is the intention and objective of Grantor that this Agreement shall impose restrictions on the use of the Easement Areas so as to limit use of the Easement Areas to activities which will not cause or threaten impairment of the scenic characteristics of the Easement Areas, and that Grantee shall have the right to prevent the use or development of the Easement Areas for any purpose or in any manner 2 wc-134829 that would conflict with such objective; provided that it is understood by Grantor and Grantee that this Agreement shall not in any way affect or limit the use of the balance of Grantor's property located at 7 Country Oak Lane, Alamo, California, which is not within the Easement Areas. 2. Acceptance of Grant of Scenic Easements. a. Grantee shall not accept the grant of the scenic easements set forth herein until after Contra Costa County has issued a certificate of occupancy for the main residential structure that is part of Grantor's Project; provided,however,that if Grantor is unable to complete construction of the main residential structure that is part of Grantor's Project prior to the expiration of the permits Grantor has obtained from Contra Costa County for construction of Grantor's Project,then Grantee may accept the grant of scenic easements set forth herein upon the occurrence of the fust of the following events: (i)Contra Costa County has issued a certificate of occupancy or certificates of occupancy for a new residential structure and/or other structures comprising a total aggregate floor area of at least six thousand.(6,000) square feet within Grantor's property located at 7 Country Oak Lane,Alamo, California, or(ii) Contra Costa County has approved a parcel map or tentative map subdividing Grantor's property located at 7 Country Oak Lane,Alamo, California into two or more residential lots. b. Grantor shall not take any action prior to the acceptance by Grantee of the grant of scenic easements set forth herein which will adversely affect the Easements or which otherwise compromises the purpose of these Easements. 3. Purpose. a. Generally, it is the purpose of this Agreement to assure that the scenic features of the Easement Areas will be retained and maintained substantially in their current condition and, except as specifically reserved to Grantor as set forth in Paragraphs 4 and 7 below,to prevent any use or change of the Easement Areas that will materially impair or interfere with the scenic values of the Easement Areas. b. An additional specific purpose of this Agreement is to provide a buffer between Grantor's property and Mount Diablo State Park. C. Notwithstanding anything to the contrary herein, this Agreement is not intended to provide Grantee or any member of the public or any person or entity other than Grantor with any rights of ingress, egress, or use of the Easement Areas, except for the limited rights of Grantee specifically set forth in Paragraph 8(a)below. 4. Restrictions. a. Grantor shall not perform, nor knowingly allow others to perform, any act on or affecting the Easement Areas that is inconsistent with the provisions of this Paragraph 4. Any use or activity that would diminish or impair the scenic character of the Easement Areas or that would cause significant soil degradation or erosion is prohibited, except for such uses and activities that are specifically permitted or reserved to the Grantor as set forth in thisTaragraph 4 and Paragraph 7 below. Grantee is authorized to enforce the terms of this Agreement as set forth 3 wc-134829 in Paragraph 8 below. However, unless otherwise specifically required,nothing in this Agreement shall require Grantor to take any action to restore the condition of the Easement Areas following damage or destruction that occurs as the result of any Act of God or other event over which Grantor had no control, including,without limitation, fire not caused by Grantor, flood, storm,and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Areas resulting from such causes. b. No permanent or temporary structures of any kind may be constructed or erected on the Easement Areas, except for the following: fences; water tanks; underground geothermal and other utility systems, and other structures, facilities, and/or components related to utilities serving Grantor's property located at 7 Country Oak Lane, Alamo, California and/or other properties within Bryan Ranch Phase III pursuant to Section 4.3.1 of the Declaration of Annexation of Bryan Ranch Phase III recorded on June 28, 1982,Book 10830,Page 617, of Official Records in the County of Contra Costa, California or Section 3.05(B) of the Declaration of Covenants, Conditions and Restrictions for Bryan Ranch recorded on November 9, 1979, Book 9613,Page 420, of Official Records in the County of Contra Costa, California and re- recorded on November 29, 1979, Book 9636,Page 91, of Official Records in the County of Contra Costa, California(e.g.,East Bay Municipal Utility District water tanks);picnic tables; temporary or permanent structures no taller than twelve(12) feet high, comprising a total floor area of no more than seven hundred and fifty(750)square feet in the aggregate within the Hillside Easement Area and the Creekside Easement Area(including the existing approximately 150 square foot tree house), and which are either constructed with materials having natural colors or painted with natural colors. Grantor shall make reasonable efforts to minimize the visual impact of any such structures within the Easement Areas on views from Mount Diablo State Park and nearby trails. To the extent that Grantor constructs,erects, or installs utility systems and related structures, facilities, and/or components within the Easement Areas, such utility systems and related structures, facilities, and/or components, with the exception of water tanks, shall be constructed underground to the extent feasible, and only structures, facilities,and or components of a size reasonably appropriate or necessary shall be permitted above-ground; provided,however,that all such above-ground utility structures, facilities, and structures,with the exception of water tanks, shall be visually screened,using natural vegetation, from view from Mount Diablo State Park and nearby trails. C. Only locally indigenous or natural vegetation may be installed on the Easement Areas;provided,however, that Grantor shall have no obligation to remove or control non-native species. d. No excavation, fill, or other disturbances of land contours may be conducted on the Easement Areas, except by Grantor to the limited extent necessary for the installation, inspection, maintenance, removal, repair or replacement of utility systems (or structures,facilities, and components related thereto)permitted pursuant to Paragraph 4(b) above, for construction, installation, maintenance,repair, or replacement of the structures described in Paragraph 4(b) above, for the agricultural, gardening, and landscaping activities described in Paragraph 4(c) above, and by the Bryan Ranch Homeowners' Association to the extent necessary for the construction,maintenance,repair, and replacement of any components of the fire protection system or the domestic water system for Bryan Ranch Phase III located 4 wc-134829 within the Easement Areas pursuant to the fire line easement shown within Lot 7 on the map of Subdivision 5607, filed February 25, 1982, Map Book 262, Page 34, Contra Costa County Records or pursuant to Sections 4.3.1 or 5.3 of the Declaration of Annexation of Bryan Ranch Phase III recorded on June 28, 1982, Book 10830, Page 617, of Official Records in the County of Contra Costa, California. The area of any such excavation, fill, or other disturbance shall be restored to its original contour to the extent feasible and, except for areas used for agricultural, gardening, or landscaping purposes pursuant to Paragraph 4(c)above, replanted with locally indigenous grasses. e. No motorized vehicle may be used or permitted to be used on the Easement Areas, except by Grantor or the Bryan Ranch Homeowners' Association or their respective employees, agents, contractors, consultants, licensees, or permittees for the permitted activities described in Paragraphs 4(b) and 4(c) above. 5. Rights and Responsibilities of Grantee. a. Grantee shall have the right to prevent any activity on or use of the Easement Areas that is inconsistent with the purpose of this Agreement or in violation of the terms of this Agreement and to require the restoration of such areas or features of the Easement Areas that may be damaged or modified by any inconsistent activity or use,pursuant to the remedies set forth in Paragraph 8 below. b. Nothing contained in this Agreement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Areas resulting from (i)any natural cause beyond Grantor's control, including,without limitation, fire not caused by Grantor, flood, storm,and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent,abate,or mitigate significant injury to the Easement Areas resulting from such causes; or(ii)acts by Grantee or its employees. 6. Restrictions on Grantee and the Public. a. Notwithstanding anything to the contrary herein, Grantee and any successors shall have no right to enter upon the Easement Areas, except for the limited rights of Grantee specifically set forth in Paragraph 8(a)below. b. No general public access shall be permitted on the Easement Areas. 7. Reservation of Rights of Grantor. a. Subject to the restrictions set forth in Paragraph 4 above,nothing in this Agreement shall prevent or interfere with the construction, maintenance, occupancy of, and means of emergency egress from Grantor's Project or the use and enjoyment of the Easement Areas by the occupants of Grantor's Project. Subject to Paragraph 9(c)below, Grantor shall have the right to construct permanent or temporary structures on any unencumbered portion of Grantor's property, regardless of whether or not such structures alter the view of any portion of the Easement Areas from within or outside the Easement Areas. 5 wc-134829 b. Grantor may consult with the San Ramon Valley Fire Protection District to develop an appropriate fuel management plan for the Easement Areas. Grazing may be implemented for fuel management, as well as protected/endangered species habitat management purposes. Cattle grazing may be implemented, in which case appropriate controls(e.g., fences around created/restored ponds)would be put in place to ensure that cattle grazing would not result in any adverse effects on protected/endangered species or their habitat. Alternatively, goats may be transported to the Easement Areas for temporary grazing on an as-needed basis and temporary controls (e.g., electronic fencing)would be installed to restrict the goats to a particular area. C. Grantor reserves the right to repair landslides as needed and to undertake such actions within the Easement Areas as necessary to protect Grantor's unencumbered property at 7 Country Oak Lane,Alamo, California and other downstream properties from landslides and other movement of earth and from adverse consequences of stormwater drainage from the Easement Areas. d. Grantor reserves the right to repair,maintain, and replace the existing tree house located within the Creekside Easement Area in order to maintain its structural integrity and safety; provided,however,that such reserved right does riot include the right to install new utility services therein. e. Grantor reserves the right to construct, install,maintain,repair, and replace a footbridge within or partially within the Creekside Easement Area from one side of the creek to the opposite side;provided,however,that such a footbridge shall be constructed with materials consistent with similar bridges constructed by the East Bay Regional Park District,and provided further that Grantor shall obtain from federal or state resources agencies all necessary permits required for such activities. f.Grantor reserves the right to conduct any activities within any and all portions of the Easement Areas that are subject to easements in favor of the Bryan Ranch Homeowners Association, as shown on the map of Subdivision 5607, filed February 25, 1982, Map Book 262, Page 34, Contra Costa County Records or as set forth in Sections 4.3.1 or 5.3 of the Declaration of Annexation of Bryan Ranch Phase III recorded on June 28, 1982, Book 10830, Page 617, of Official Records in the County of Contra Costa,California, which may be required of Grantor by the Bryan Ranch Homeowners Association. Grantor shall have no obligation to prevent the Bryan Ranch Homeowners Association to conduct any activities within such portions of the Easement Areas that are consistent with the Bryan Ranch Homeowner's Association's rights under easements shown on the map of Subdivision 5607, filed February 25, 1982, Map Book 262, Page 34, Contra Costa County Records or set forth in Sections 4.3.1 or 5.3 of the Declaration of Annexation of Bryan Ranch Phase III recorded on June 28, 1982, Book 10830,Page 617, of Official Records in the County of Contra Costa,California,. g. Grantor reserves the right to reclaim the naturally occurring creek located near the boundary of the Creekside Easement Area by modifying or filling the existing pond and modifying the banks and existing berm adjacent to the pond;provided, however, that any such activities shall result in contours that appear natural, and provided further that Grantor shall obtain from federal or state resources agencies all necessary permits required for such activities. 6 wc-134829 h. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Areas, including the right to engage in or to permit or invite others to engage in all uses of the Easement Areas that are consistent with the purposes of the Easements. 8. Enforcement. a. Grantee shall have the right to enter upon the Easement Areas to monitor Grantor's compliance with and to enforce the terms of this Agreement,provided, however that all of the following conditions must be met prior to Grantor's entry upon the Easement Areas: 1)Grantee must have received information, a complaint,or other communication alleging, or Grantee must have a reasonable belief, that Grantor is in breach with respect to the terms of this Agreement; (2)Grantee is unable,after reasonable efforts,to verify whether or not Grantor is in breach with respect to the terms of this Agreement by viewing the Easement Areas from publicly accessible adjacent properties; and(3) Grantee must provide notice to Grantor of Grantee's intent to enter upon the Easement Areas at least seventy-two(72)hours prior to Grantee's entry thereon. b. In the event Grantee receives any information, complaint, or other communication alleging that Grantor is in breach with respect to the terms of this Agreement, the Contra Costa County Department of Conservation and Development(the"Department")shall make an initial determination as to whether a breach of the terms of this Agreement has occurred the"Initial Determination"). C. If the Department concludes in its Initial Determination that no breach of the terms of this Agreement has occurred, Grantee shall take no further action. d. If the Department concludes in its Initial Determination that a breach of the terms of this Agreement has occurred, then the Department shall provide Grantor with written notice of its Initial Determination. If Grantor fails to cure the breach of the terms of this Agreement identified in the Initial Determination within thirty(30) days after delivery of written notice from the Department of the Initial Determination (or, in the event the breach by its nature cannot be cured within the 30-day period, if Grantor fails to commence to cure the breach within the 30 day period and thereafter diligently prosecute such cure to completion),then: (1)Grantee shall be entitled to all rights and remedies available at law or in equity, including, without limitation, an order enjoining the activity in violation hereof and an order requiring the removal of the improvements'constructed in violation hereof; and(2) Grantee shall be entitled to an award of all reasonable expenses actually incurred by Grantee in pursuing such violation(s), including: code compliance, investigation, and enforcement costs; interest; attorney's fees; and other litigation expenses. e. Enforcement of the terms of this Agreement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Agreement in the event of any breach of any term of this Agreement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Agreement or of any of Grantee's rights under this Agreement. No delay or omission by Grantee 7 we-134829 in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 9. Costs,Liabilities, Taxes,and Compliance with Laws. a. Grantor's Responsibilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,operation,upkeep, and maintenance of the Easement Areas. b. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Easement Areas by competent authority(collectively "taxes"). C. Compliance with Laws. Nothing in this Agreement shall be construed to exempt Grantor from complying with all applicable laws, ordinances,regulations,and permit requirements. 10. Amendment. This Agreement and the Easements granted hereunder may be amended or modified only by an instrument in writing signed by each of the parties and, with the exception of minor administrative amendments and modifications that the parties may mutually deem necessary from time to time(which amendments and modifications shall not conflict with the purposes of this Agreement), only to advance the purposes and strengthen the provisions of this Agreement. 11. Perpetuity. The Easements shall run with the Property in perpetuity. The terms Grantor". and "Grantee" shall include their respective successors and assigns. 12. Assignment. These Easements are transferable, but Grantee may assign its rights and obligations under these Easements only to another public entity or to an organization that is a qualified organization at the time of transfer under Section 170(h)of the Internal Revenue Code of.1954,as amended(or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under California state law,and only subject to the consent of Grantor,which Grantor may give or withhold in its sole discretion;provided, however,that Grantor's consent shall not be required for Grantee to assign its rights and obligations under this Easement to the East Bay Regional Park District, Mount Diablo State Park,the Bryan Ranch Homeowners' Association,the Alamo Improvement Association,or to the City of Alamo,following any future incorporation of the City of Alamo as a municipal corporation, so long as the Easement Areas are both located entirely within the municipal boundaries of the City of Alamo. As a condition of such transfer, Grantee shall require that the scenic purposes that this Agreement is intended to advance continue to be carried out. 13. Indemnity. To the fullest extent not prohibited by law, Grantor shall hold harmless, protect and indemnify Grantee and its directors,officers, employees, agents, contractors, and representatives and the heirs,personal representatives, successors and assigns of each of them (individually an"Indemnified Party"and collectively "Indemnified Parties")from and against any and all liabilities, penalties, costs, losses, damages, expenses(including,without limitation,reasonable attorneys' fees and experts' fees), causes of action, claims, demands, 8 wc-134829 orders, liens or judgments (individually a"Claim" and collectively"Claims"),arising from or in any way connected with: (1) injury to or the deathof any person, or physical damage to any property,resulting from any act, omission,condition, or other matter related to or occurring on or about the Property, except that Grantor shall not be required to indemnify Grantee for the proportion of liability a court determines is attributable to the negligence or willful misconduct of Grantee or any of its employees; (2)the obligations specified in Paragraph 9; and(3)the existence or administration of these Scenic Easements. This indemnity extends to any claims against Grantee due to the release or existence of any hazardous materials (as defined by any applicable local, state or federal law)on,under or in the Hillside Easement or the Creekside Easement. If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges incurred by Grantee in defending the action or proceeding. 14. 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 sent by certified mail,postage prepaid, addressed as follows: To Grantor: Lake Tahoe Land Company, LLC c/o Nevada Pacific Consulting - Steve Hill 3201 Danville Boulevard, Suite 172 Alamo, CA 94507 To Grantee: Director Department of Conservation and Development Contra Costa County 651 Pine Street, North Wing, 4th Floor Martinez, CA 94553 or to such other address as either party from time to time shall designate by written notice to the other. Any notice, demand, request, consent, approval, or communication shall be deemed served or delivered within forty-eight(48) hours after deposit in the United States mail. 15. Recordation. The County shall record this instrument in a timely fashion in the official records of Contra Costa County, California. 16. General Provisions. a. Controlling Law. The interpretation and performance of this Agreement. shall be governed by the laws of the State of California. b. No Third Party Beneficiaries. This Agreement and the Easements granted hereunder are intended solely for the benefit of the parties hereto and shall not be construed to create any rights in any person or entity other than the parties. 9 wc-134829 C. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid,the remainder of the provisions of this Agreement, 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. d. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easements and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easements, all of which are merged herein. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Binding on Successors. The covenants,terms, conditions,and restrictions of this Agreement shall be binding upon,and inure to the benefit of, the parties hereto and their respective personal representatives,heirs, successors,and assigns and shall continue as a servitude running in perpetuity with the Easement Areas. g. Termination of Rights and Obligations. Grantor's obligations hereunder run with the land. Grantor's rights and obligations under this Agreement terminate upon transfer of Grantor's interest in the Easement Areas,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. i.Counterparts. The parties may execute this instrument in two or more counterparts,which shall, in the aggregate,be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. IN WITNESS WHEREOF, Grantor has duly executed and Grantee has approved this Agreement as of OCTOBER 28 , 2008. LAKE TAHOE LAND COMPANY,LLC,a Nevada limited liability corporation By: Its: COUNTY OF CONTRA COSTA, a political su d ii ion of the State of is By: s: . SUPERVISOR FEDERAL GLOVER 10 wc-134829 J Exhibits Exhibit A Legal Description of Hillside Easement Area Exhibit 8 Plat Map of Hillside Easement Area Exhibit C Legal Description of Creekside Easement Area Exhibit D Plat Map of Creekside Easement Area 11 wc-134829 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA) On /G Z= G ;before me, J%LP'*V f-A. -1—a d ,personally appeared i-ilw who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SILVANAA.LUcERo COMM.X1773316 m ui rbhryPuW Capldtye N CONTRA COSTA COUNTY MY•gyp.Oq 15,N111 Signature: c2LA.fi Seal) STATE OF CALIFORNIA COUNTY OF CONTRA COSTA) On OCTOBER 28, 206fore me, EMY L. SHARP —Pu/r_ rsonally appeared SUP. FEDERAL GLOVER who proved to me on the basis of sa sfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Seal) 12 we-134829 cOfix C— l EXHIBIT A Legal Description of Hillside Easement Area . wc-134829 EXHIBIT "A" HILLSIDE SCENIC EASEMENT All that real property situate in the unincorporated area of Contra Costa County, State of California,being those portions of LOT 7 and PARCEL"D", as said LOT 7 and PARCEL "D" are shown on that certain map entitled "SUBDIVISION 5607", filed February 25, 1982, in Book 262 of Maps, at Page 34, Official Records of Contra Costa County, more particularly described as follows: BEGINNING at a point on the Easterly line of said LOT 7, distant thereon South 00°42'48" West, 608.08 feet from the Northeasterly corner thereof, thence South 86°47'56" West, 54.51 feet; thence South 79°08'21" West, 46.13 feet; thence South 82'47'14" West, 8.18 feet; thence North 67°45'44" West, 62.23 feet; thence North 43°02'57" West, 108.33 feet; thence North 38°14'21" West, 49.56 feet; thence North 42'34'1 3"West, 51.76 feet; thence North 52°20'49" West, 47.57 feet; thence North 60°28'45" West, 45.95 feet; thence North 81°16'31" West, 51.33 feet; thence North 68038'02" West, 52.67 feet to the general Westerly line of said LOT 7; thence along last said line, North 29°55'20" East, 424.03 feet to the Southerly line of said PARCEL "D"; thence along last said line,North 67°54'29" West, 28.97 feet to the common new lot line of LOT 7 and PARCEL "D" as shown on that certain Record of Survey entitled RECORD OF SURVEY LOT LINE ADJUSTMENT", filed July 1, 1983, in Book 73 of Licensed Surveyors Maps, at Page 2, Official Records of Contra Costa County; thence along said common new lot line,North 22°05'31" East, 100.00 feet to the common Northerly corner of said LOT 7 and PARCEL "D"as shown on said Record of Survey; thence along the Northerly line of said LOT 7 as shown on said Record of Survey, South 67°54'29" East, 289.00 feet to the Northeasterly corner of said LOT 7; thence along the Easterly line of said LOT 7, South 00°42'48" West, 608.08 feet to the POINT OF BEGINNING. CONTAINING 224,822 square feet more or less or 5.161 acres more or less. AND 4aulCanumavy.by L an ssociates t. CAN` s/ 9G PLS 3272 a PLS 3272 Expires 06/30/10 EXP 6/30/2010 Date: 70 OF CAS-F Q This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. 0 i 0 vNLiG(vD J_ J tS N Q C4 z z o w d Z V O uj Ey--s N N Z cb OaiVWlr ':••°.:j'+JSixr-L;<.::i:':+so->rc?::::;a ul QCT N inpL!1w { a.•..:.:::> N 5:::s:i?a y O d WiLint::. Cn:::: :: r Ljj 00o LLI Lt W N >- d M w Z +' F-- lL 0 (.. m LO) w C"a ' (L cn LAJ w hr/ >:;;:< ;rsJ>` :., 'F_.;t c ':'.:< <i sar'::>:: cy . W m In JWCLn1 j{':. :ii;C;. i=;Eii3i,il: s:`:r?T%i i :c"i ii;?.'s 't<':,cn s}'v Q' }+ yr- 4 Q p•, f~- W w M V:i;t` i:if:s:'.tyyiii;?':i ?;: f>?' ':;;>i_'::ai`:''' 'i' ;%>'.:.i•::..iii;::/ F i"" F" a i 1^'- LL.1 t vit. 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M N T U3 O w m m 6J•: •':: S wtn N EXHIBIT "C" CREEKSIDE SCENIC EASEMENT All that real property situate in the unincorporated area of Contra Costa County, State of California, being a portion of LOT 7 as shown on that certain map entitled SUBDIVISION 5607, filed February 25, 1982, in Book 262 of Maps, at Page 34, Official Records of Contra Costa County, more particularly described as follows: BEGINNING at the Southwesterly corner of said LOT 7; thence along the Southerly line of said LOT 7, North 88°43'11"East, 738.66 feet to the Southeasterly corner thereof, thence along the Easterly line of said LOT 7,North 00°42'48"East, 232.39 feet; thence South 87125'07" West, 21.37 feet; thence North 83°08'09" West, 26.21 feet; thence North 67013'03" West, 57.04 feet; thence South 69°09'50" West, 67.58 feet; thence South 56022'55" West, 51.47 feet; thence South 62°00'24" West, 30.34 feet; thence South 40°14'23" West, 20.24 feet; thence South 42°02'02" West, 19.45 feet; thence South 87008'57" West, 17.15 feet; thence North 88038'1611 West, 26.63 feet; thence North 62°21'03" West, 26.92 feet; thence North 40'04'19" West, 17.65 feet; thence North 77°11'54" West, 21.86 feet; thence North 58°00'30" West, 17.84 feet; thence North 45°42'31" West, 27.16 feet; thence North 74000'53" West, 19.98 feet; thence North 86026'22" West, 19.97 feet; thence South 65°38'59" West, 49.45 feet; thence North 86042'51" West, 45.92 feet; thence South 61022'07" West, 19.46 feet; thence South 73106'18" West, 15.99 feet; thence South 40°25'28" West, 13.82 feet; thence South 67101'45" West, 29.09 feet; thence South 48020'36" West, 20.43 feet; thence South 47113'54" West, 107.26 feet; thence South 41°22'02" West, 47.67 feet; thence South 24054'05" West, 57.75 feet to the general Westerly line of said LOT 7; thence along last said line, South 01'18'00"East, 14.09 feet to the POINT OF BEGINNING. 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