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HomeMy WebLinkAboutMINUTES - 12141999 - C120 TO: BOARD OF SUPERVISORS ✓. � :k. -' Contra FROW DENNIS M. BARRY, AICD �' - Costa COMMUNITY DEVELOPMENT DIRECTOR ; ,�. County DATE: December 14, 1999 SUBJECT: Acceptance of Conservation Easement over 94.2 acres of the Henry Ranch Project in the San Ramon Area SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. Authorize Chair to execute the Conservation Easement. B. Direct the Community Development Department to record the agreement. FISCAL IMPACT None. The cast for preparation and staff review of the conservation easement is borne by the applicant. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON Dpcpmhe�t 4` APPROVED AS RECOMMENDED 14_ OTHER See the attached Conservation Easement Resolution 99/667 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT - CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Debbie Chamberlain (335-1213) ATTESTED December i4 , 1999 cc: Community Development Department(CDD), File PHIL BATCHELOR, CLERK OF THE BOARD OF #ZI99852Q SUPERVISORS AND COUNTY ADMININISTRATOR , County Counsel City of San Ramon L All a A McCutchen, Doyle, Brown and Emerson (via CDD) B DEP H:mp/board orders and resolutions/Henry Ranch TY BARBARA GRANT CONTRA COSTA Co Recorder Office LERK OF THE BOARD OF SUPERVISOR STEPHEN Lt WEIR, Clerk-Recorder t 10: DOC— 2000-0031592--00 See Above' W, FEB 16, 2000 10014:29 PRE $0.00 Ttl Pd $0.00 Nbr-0000810486 Ire/Ra/1-11 ttt ent Twe(5) CONSERVATION EASEMENT RESOLUTION No, 99/667 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: } ) Office of the County Counsel ) Contra Costa County } County Administration ) P.O. Box 69 ) Martinez, CA 945453 } MAIL TAX STATEMENTS TO. ) Jerrold N. Henry and Ruth C. Henry ) 19685 San Ramon Valley Boulevard ) San Ramon, CA 94583 } Resolution 991667 CONSERVATION EASEMENT (Civil Code §§ 815 et seq.) A. WHEREAS, Jerrold N. Henry and Ruth C. Henry, as trustees of the Jerrold N. Henry and Ruth C. Henry Trust, 1989 ("Grantor"), is the owner in fee simple of certain real property located in the County of Contra Costa, State of California, commonly referred to as the Henry Ranch; and B. WHEREAS, Presley Homes, a California corporation("Presley") intends to develop a portion of such real property for residential purposes, Grantor has proposed preserving most of the remaining of the aforementioned real property, more particularly described in Exhibit A(the "Easement Area"),through grant of a conservation easement to the County of Contra Costa("Grantee"); and C. WHEREAS, Grantor has entered into an separate conservation easement with the California Department of Fish and Game(the "Fish and Game Conservation Easement") to mitigate for approximately .28 acres of wetlands and other waters of the United States which may also affect the California red-legged frog which is listed as a threatened species under the federal Endangered Species Act; and D. WHEREAS, Grantee intends, by acceptance of this grant, forever to honor the intentions of Grantor to preserve in perpetuity the habitat, open space and scenic values of the Easement Area. NOW, THEREFORE, Grantor hereby grants to Grantee, in perpetuity, a conservation easement of the nature and character described below over the real property described in Exhibit A attached hereto, with appurtenant rights of access to Grantee, subject to the Fish and Game Conservation Easement described in Recital C hereof(without regard to whichever easement is first granted or recorded) and all existing easements, rights-of-way and leases. This conservation easement is intended to be consistent with the limitations, conditions and restrictions affecting the use of the Easement Area as set forth in the Fish and Game Conservation Easement, but in the event of any conflict the provisions of the Fish and Game Conservation Easement shall govern. 1. Development Ri hg�ts Excepting and reserving the rights set forth in Paragraph 2, any and all rights to develop the Easement Area are conveyed to the Grantee, and such rights include the right to alter or improve the Easement Area in any way by any structure or improvement, including grading. Subject to health and safety considerations or requirements and in order to preserve in perpetuity the open space and scenic values of the Easement Area, Grantee does not intend to construct any structure or improvement, including grading, in the Easement Area. 2. Current Practices and Conditions Grantee acknowledges,by acceptance of this Easement, that agricultural/grazing/open space/farming uses of the Easement Area are compatible with the purposes of this Easement. Such uses include without limitation the grading and maintenance of faun roads. No other uses or activity may be commenced or conducted within the Easement Area following acceptance of the Easement by Grantee. As a condition of accepting this Easement, Grantee requires and Grantor agrees that, subject to the provisions of the Fish and Game Conservation Easement, Grantor will manage and maintain the Easement Area. To accomplish the purposes of this Grant, the following rights are conveyed to Grantee and its successors and assigns: 3. Access No right of access by the general public to any portion of the Easement Area is conveyed by this Easement. However, Grantee, through its authorized representatives, shall be entitled to enter on and inspect the Easement Area, for the purposes of monitoring the uses and practices of Grantor within the Easement Area to determine that such uses and practices are consistent with this Easement. 4. Enforcement of Easement A. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Easement Area resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Easement Area so injured. If Grantor 2 fails to cure the violation within 60 days after receipt of notice thereof from Grantee, or fails within 60 days to begin curing such violation under circumstances where curing the violation within 60 days cannot reasonably be accomplished, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation by temporary or permanent injunction,,to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any protected habitat, open space or scenic,values, including damages for any loss thereof, and to require the restoration of the Easement Area to the condition that existed prior to any such injury. E. To the extent Grantee prevails in any legal action to enforce the terms of this Easement against Grantor, any costs incurred by Grantee in such action, including without limitation the costs of suit and attorneys fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement, shall be borne by Grantor. If Grantor prevails in any action to enforce the terms of this Easement, Grantor's costs, includingwithout limitation the costs of suit and attorneys fees, shall be borne by Grantee. C. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other terms of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy on any breach by Grantor shall impair such right or remedy or be construed as a waiver. D. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes beyond Grantor's control or responsibility, including without limitation vandalism, fire, flood, storm, earth movement or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes. 5. Costs and Taxes Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the real property affected by this Easement. Grantor shall pay any and all taxes, assessments, fees and charges levied by competent authority on the real property encumbered by this Easement. It is intended that this easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code § 402.1. 6. Successors The covenants, terms, conditions, and restrictions of this Easement shall be binding on, and inure to the benefit of the parties hereto and their respective personal 3 representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Easement Area. 7. Future Conveyance Grantor agrees that reference to this Easement will be made in any subsequent deed or other legal instrument by means of which they convey any interest in the Easement Area(including but not limited to a leasehold interest). IIl IlI IlI lII 4 8. 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 either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Jerrold N. Henry and Ruth C. Henry 19685 San Ramon Valley Boulevard San Ramon, CA 94583 To Grantee: Office of the County Counsel Contra Costa County County Administration P.O. Box 69 Martinez, CA 945453 IN WITNESS WHEREOF, Grantor has executed this Easement on Oct. 4th , 1999. f , mold N. Henry, as trustee o9the Jerrold N. enry and Ruth C. Henry Trcist, 1989 e Ruth C. Henry, as trustee the Jerrold N. Henry and Ruth C. Henry Trust, 1989 99/66 ACCEPTED by Resolution No. of the County of Contra Costa Byr - t� Aelrkof tKe&d Date: ✓ 2.�,f ` 30010173.9 5 . . ......... . .............. ............. OCTOBER 1,1999 CONSER VA TION EASEMENT DESCRIPTION FOR HENR Y RANCH REAL PROPERTY IN AN UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THE RANCHO SAN RAMON, DESCRIBED AS FOLLOWS.- COMMENCING AT A POINT ON THE MOST SOUTHWESTERLY RIGHT OF WAY LINE OF SAN RAMON VALLEY BOULEVARD AS IT NOW EXISTS AT THE INTERSECTION WITH THE MOST EASTERLY PORTION OF THE COMMON LINE AS DESCRIBED IN THE DEEDS To HENRY RECORDED MARCH 1, 1948, IN BOOK 1177, AT PAGE 405 AND RECORDED MARCH 13, 1954, IN BOOK 2441,ATPAGE 432, CONTRA COSTA COUNTY RECORDS, SAID POINT ALSO BEING ON THE EXISTING SAN RAMON CITYLIMITLINE: THENCE, ALONG SAID RIGHT OF WAY LINE AND CITY LIMIT LINE, SOUTH 28-59' 05" EAST, 658.42 FEET TO A POINT ON THE MOST NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED AS 'EXCEPTING THEREFROM• IN SAID HENRY DEED(1177 OR 405): THENCE, LEAVING SAID RIGHT OF WAY LINE AND ALONG THE MOST NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID PARCEL "EXCEPTING THEREFROM ' (1177 OR 405), THE FOLLOWING COURSES, SOUTH 62-57'54" WEST, 277.50 FEET THENCE,NORTH 22 0 54'10" WEST, 29.86 FEET.- THENCE, SOUTH 63 0 06'32" WEST, 414.92 FEET.. THENCE, SOUTH 34°53' 08" EAST, 13 1.51 FEET TO A POINT ON THE MOST SOUTHEASTERLY LINE OF SAID HENRY DEED(1]77 OR 405): THENCE, ALONG SAID SOUTHEASTERLY LINE (1177 OR 405), SOUTH 64-42' 52" WEST, 1326.61 FEET TO AN ANGLE POINT ON THE SAID EXISTING SAN RAMON CITY LIMIT LINE: THENCE, LEAVING SAID EXISTING SAN RAMON CITY LIMIT LINE AND CONTINUING ALONG THE SAID MOST SOUTHEASTERL Y LINE(1177 OR 405), SOUTH 64°42'52" WEST, 339.64 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIPTION SAID POINT ALSO BEING THE MOST SOUTHERLY CORNER OF THE PROPOSED SUBDIVISION 8188 AS SHOWN ON THE VESTING TENTATIVE AMP SUBMITTED TO AND ACCEPTED BY THE CITY OF SAN RAMON. THENCE, FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE MOST SOUTHEASTERLY, SOUTHWESTERLY AND NORTHWESTERLY LINE OF SAID HENRY DEED (1177 OR 405), THE FOLLOWING COURSES, SOUTH 64-42'52" WEST, 3501.19 FEET THENCE,NORTH 25°59'25" WEST, 1519.30 FEET• THENCE, NORTH 64 0 47' 35" EAST, 2246.56 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN SAID HENRY DEED(2441 OR 432). THENCE, ALONG THE MOST NORTHWESTERLY LINE OF SAID HENRY DEED (2441 OR 432), NORTH 64 0 47' 35"EAST, 528.60 FEET TO THE MOST WESTERLY CORNER OF SAID PROPOSED SUBDIVISION 8188; THENCE, ALONG THE MOST SOUTHWESTERLY LINE OF SAID PROPOSED SUBDIVISION 8188, SOUTH 25 012'25"EAST, 481.98 FEET THENCE, LEAVING SAID SOUTHWESTERLY LINE OF SAID PROPOSED SUBDIVISION 8188, SOUTH 64°32'18" WEST 165.00FEET; THENCE SOUTH 15-34'16" WEST 543.24 FEET; THENCE SOUTH 26 055'27" WEST, 270 FEET,• THENCE SOUTH 27°03'39"EAST 200 FEET; THENCE NORTH 64'35'34"EAST 270 FEET; THENCE NORTH 26°44'25"EAST 422 FEET- THENCE SOUTH 88-29'01"EAST, 563 FEET; THENCE NORTH 64- 01' 17" EAST, 372 FEET TO SAID MOST SOUTHWESTERLY LINE OF PROPOSED SUBDIVISION 8188. THENCE ALONG SAID SOUTHWESTERLY LINE OF PROPOSED SUBDIVISION 8188, SOUTH 24°22' 53"EAST 267.56 FEET TO THE POINT OF BEGINNING THAT PORTION OF THIS DESCRIPTION WHICH CALLS ALONG THE MOST SOUTHWESTERLY LINE OF THE PROPOSED SUBDIVISION 8188 WHICH SHALL ULTIMATELY AGREE WITH THE SUBDIVISION BOUNDARY LINES THAT WILL BE ESTABLISHED UPON THE EVENTUAL FILING OF THE FINAL MAP FOR SUBDIVISION 8188. BEARING AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, NAD 27, ZONE 3. TO OBTAIN GROUND DISTANCES,MULTIPLYBY 1.0001044. t t I �4 �� \4 •-,'..'/ 444 !1 „r,- d I f 1 uj cc V� t� \ 1, ,� ` � to �^ :� �,. �`- 1-"�y�✓!�'`� 6°`,` !."a.�"' �,r �";.• ,��� '' �"' `.�.' �:. rvl �,; - �;, LU r1J� 1 e I ./ t �J ���\ `� 1 f i , 1 �•/ ! j f { --ter �--•-=-''�' f �.`� "��r; �: �,1 r" -�',f, ,�l��1�i �.�- �•. i -77 72 . J "_"_-�_.,, ��,, :�' ��•.,, ti. 'gyp ,�" ... . ;�� ''�- `,�;� i { �.•.'r-- %'�� � , � r r � i � T OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. Contra Costa INDIVIDUAL On 10/4/99 before me, P. Neff Notary Public, ❑ CORPORATE OFFICER(S) personally appeared Jerrold N. Henry and Ruth C. Henry NAME(S) OF SIGNER(S) TITLE(S) ❑ personally known to me - OR -X$proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose © GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑ TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR �- P. that by his/her/their signature(s) on the © OTHER: ` �' instrument the persons) or the entity COMM wr' *I18:?5I7 y'Ft1??IC -CALIFORNIAD upon behalf of which the person(s) acted, c� r C(' TRA COSTA Ct?UNTY0 execrated the instrument. C ?-MX ESP,MAY 3,2002 c '_Wtness_my hand and official seal. SIGNER IS REPRESENTING: ~, Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title orType of Document Conservation Easement Though the data requested here is not required by law,it Number of Pages Date of Document 10/4/99 could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 031993 National Notary Association,Canoga Park,CA Documentl l/ 10/01/99 03:16 PM _. t ACCEPTED: ueoember 14 , 1999 By: Ch 'r, Board of Supervisors ATTESTED r By: Clerk of e and of Supervisors Conservation Easement Resolution 991667