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Home My WebLink AboutRESOLUTIONS - 01011999 - 1999-667 g,. i RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Office of the County Counsel Contra Costa Count � County Administration 'P.O. Box 69 Martinez, CA 945453 MAIL TAX STATEMENTS T Jerrold NHenryand Ruth C. Henry 19685.San Ramon Valley Boulevard San Ramon., CA 94583 Resolution 99/667 CONSERVATION EASEMENT (Civil Co e§§815 et seq. WHEREAS, Jerrold d N. Henry and Ruth C. Henry, as trustees of the Jerrold N. Henry and Ruth C. Henry Trust, 1989("Grantor"), is the ower in dee simple of certain real property located in the County of Contra Costa, State,of California, commonly onl preferred 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 ENLibit A(the"Easement Area"),through grant of a conservation easement to the f Centra Costa("Grantee")- an 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.2 8 acres of wetlands and other waters of the United. States which may al so affect the California red-legged frog which is listed as a threatened species under the federal Endangered Species pct; and WHEREAS,, Grantee intends,byacceptance 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 Resolution N . 99/66 n z NOW, THEREF U`�'., Grantor hereby grants to Grantee, in perpetuity, a conservation easement of the nature and character described below over the real property described In ExhihLt. 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 n 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 evert of any conflict the provisions of the Fish and Game Conservation Easement shall govern. I. DeveloiDment.Ri btu Excepting and reserving the rights set forth in Par rah , any and all rights t develop the Easement,area are conveyed to the Grantee, and such rights include the right to alter or improve the Easement Area in any wav by any structure or improvement, including,grading. Subject to health rad 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. urre:ntt 'ractices d Con .itions Grantee acknowledges,ov ledges,b 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 o farm roads. No other uses or activity may be commenced or conducted within the Easement Area following acceptance of the:basement by Grantee. . s a condition of accepting this Easement, grantee requires and Grantor agrees that, subject to the provisions s df the Fish and Game Conservation Easement, Grantor for will manage and maintain the Easement area. To accomplish the purposes of this grant,the following Frights are conveyed t Grantee and its ,success I ors and assigns. 34 Access No right of access by the general public to any portion of the Easement area is conveyed by this Ease hent. However Grantee,dough its authorised representatives, shall be entitled d oto 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 :griI`c rcement t'rwM .Me rat A. If Grantee determines that Grar tdr is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such. vi�latioh and demand corrective action sufficient to cure the violation and,where the violation involves injury ur to the Easement Area resulting from any use or activity inconsistentwith the pur bses o�t� s�aseme t,to restore the portion of the Easement Areaso injured. If Grantor fails to cure the violation within 60 days after receipt of notice thereof from Grantee, or fails within 604ays to begin curing such violation under circumstances where curing the violation within 60 days canna 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 com etent jurisdiction to enforce the terms of this Easement, to enj oin the violation by temporary or permanent injunction...to recover any damages to which it may be entitled for violation n the terms ofthis Easement car in, ur; to any protected habitat,open space or scenic values, including damages for any loss thereof, and to require the restdration of the Basement Area to the condition that existed prior to any such injury. B. 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 spit and attorneys fees, and any costs of restoration necessitated b Grantor's violation ofile terms of'this Easement, shall be borne by Granter. If Grantor prevails in any action to enforce the terms of this;basement, Grantor's costs, including without 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:o 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 tern, or of any subsequent breach of the same or any other terms o this Easement or of any of Grantee's rights under,this Easement. No delay or omission b Granteein the exercise of any right or reined.y on any breach.by Grantorshall 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 dor any injury to or change in the Easement Area resulting from causes eland Grantor's control r responsibility, including with ►ut lirriitatiodli fire flood,, storm, eat movement or any prudent action taken by Grantor under emergency conditions to prevent, abate,, or mitigate significant in*jury to the Easement Area resulting from such causes. 5. `osis and.,..T=s Grantor ar retains all responsibilities and shall bear all costs and liabilities of any bind related to the ownership,operation, upkeep,and maintenance of the real property affected by this Easement.ent. Grantor shall pay any and all taxies, assessments, Fees and charges levied b cmetent authorityn the real property en cumbered by thi , It is i ntended that this easement constitute an enforceable restriction within the mein of Article��f Section +� g , the California Constitution and that this Easement ual" s an enforce .ble r strictic nurs e d r the provisions of California Revenue an a ation Code 1 6. 51LCCessors The covenants,terms conditions,and restrictions of this Easement shall be bindi :g on, and inure to the benefit of the parties hereto and their respective personal b representatives,heirs, successors, and signs and shall,continue as a servitude running in perpetuity with the,Easement Arca. 7. Futl rc C ave yance Grantor agrees that reference to thisEasement viii be m �any subsequent deed or other legal instrument by means of which they convey an interest in the Easement Area(including but not limited to a leasehold interest). F . Notices. Any notice, demand,d, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either servedp ersonall or sent by first class mail,postage prepaid,. addressed as follows. To Grantor: Jerrold.N. Henry and Ruth C. Henry 19685 San canon valley Boulevard San Ramon, CA 94583 3 To Grantee Office of the County Counsel Contra Cost.Gaunt County Adrnim tratio P.O. Box 69 Martinez, CA 945453 IN WITNESS WHEREOF, grantor has executed this Easement on Oct, 4th , 1999. IL A fro d N. Henry, as trustee of he Jerrold N. r enr Ruth uth C# Henry T st, 1989 Ruth 6. Henry,as trustee the Jerrold N. Henry.and Ruth C. Henry rust, 1989 9`9, 66 ACCEPTED by Resolution No.� f the County of Centra Costa B IYI it A ZA4"Al Clerk of e o Date, 3001017349