1 CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED dated for
reference purposes (hereinafter referred to as this "Easement") is made by and between %% ("Grantor") with an address of
, , CA and
% , with an address of
%%%% , , CA . Grantor and Grantee may be collectively
referred to as the "Parties" hereinbelow.
WITNESS THAT:
A. WHEREAS, Grantor is the fee simple owner of that certain property containing
approximately acres, located:
%% ___________________ in County, California,
commonly referred to as , which
property is more particularly described in Exhibit A attached hereto and incorporated
herein by this reference (the "Property"). Grantor acquired the Property, in part with a
grant from , and as a
condition of use of said grant, Grantor recorded against the Property an instrument entitled
dated for reference
purposes , which instrument was recorded in the
Official Records of County on , as
Instrument No. , and the same instrument was
also recorded on , as Instrument No.
%% (hereinafter collectively
%%%% ). contain provisions
which, among other things, require public access and restrict the use and development of
the Property; and B. WHEREAS, the Property possesses unique and valuable qualities of great
importance to Grantor, the people of the community of , the
people of County, and the people of the State of
% . These qualities include, but are not limited to natural resource values,
aesthetic values, cultural values and opportunities for public access and recreation; and
C. WHEREAS, in particular the natural resource values include, coastal creeks and
riparian areas, estuary, wetlands, beaches, dunes, sandy coves (which provide important
beach habitat for harbor seal breeding), rocky intertidal zones (which contain tidepools of
exceptional quality), geologic and fossil resources, critical habitat for several Federally
listed threatened or endangered species, several Federally listed species of concern and
several State listed threatened or endangered species. These natural resource values have
been recognized by the State of California, which coastline has been recognized by the
enactment of the Federal Coastal Zone Management Act of 1972 and the California
Coastal Act of 1976, and the certification of the County
Local Coastal Program in 1987 by the California Coastal Commission. Furthermore, the
County has recognized the importance of protecting the Property's resource values through
the enactment and implementation of its General Plan and in particular its "Estero Area
Plan". In its Draft Estero Area Plan Update of February 1999, the County recognized the
importance of protecting the natural, scenic and sensitive areas and the ecologically
important zones and has designated the entire Property as a Sensitive Resource Area
primarily to protect ". . . marine mammals and sensitive plants"; and
D. WHEREAS, in particular the aesthetic values include the openness and tranquility
experienced on the Property and its scenic beauty. The Property lies between State
Highway One and the Pacific Ocean, and in its undeveloped state provides uninterrupted
scenic vistas of the ocean and of the coast from Point Estero south to Point Buchon. Local
residents and thousands of people enjoy these views each year as they travel Highway One.
In recognition of this extremely high scenic value, the County of
and the State of California officially designated Highway One in
County, including the portion that borders the Property as a State Scenic Highway in 1999.
In its Draft Estero Area Plan Update of February 1999, the County recognized the
2importance of protecting the natural, scenic and sensitive areas and the ecologically
important zones and has designated the entire Property as a Sensitive Resource Area
primarily to protect "views of the shoreline, bay and ocean"; and
E. WHEREAS, in particular, the archaeological and cultural values include numerous
prehistoric areas used by Native Americans. Grantor intends that these archeological and
cultural resources be protected and preserved as they have significant value to Native
American people and to the public at large; and
F. WHEREAS, in particular the Property affords opportunities for public access and
passive recreational activities, such as walking, birding, surfing, windsurfing, kayaking and
fishing; and G. WHEREAS, therefore, all of the foregoing values shall be collectively referred to as
the "Resource Values" hereinafter; and
H. WHEREAS, Grantor acquired the Property with the goal of protecting the Resource
Values of the Property by preventing incompatible development while accommodating
public access to the extent and in the manner set forth in Exhibit C consistent with the
preservation and enhancement of the other Resource Values; and
I. WHEREAS, in the local community of , residents created a
"Vision Statement" for the Property which was endorsed by the
Citizens Advisory Council (" CAC") on March 3, 1999 that calls
for permanent protection of the Property's natural, cultural, open space, scenic and other
values. The Vision Statement is attached hereto as Exhibit E. Grantor considered the
concerns and opinions of CAC as expressed in the Vision
Statement in the development of the terms and provisions of this Easement; and
J. WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization,
qualified under Section 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary
purpose is the preservation and protection of land in its natural, scenic, historical,
recreational and/or open space condition; and
K. WHEREAS, Grantee intends, by acceptance of this Easement, to forever honor the intentions of Grantor to carry out its obligations hereunder to monitor the Resource Values
of the Property in conformance with the terms of this Easement; and
L. WHEREAS, both Grantor and Grantee intend for the covenants and restrictions
imposed by this Easement to run with the Property, and to be binding on Grantor and all
Grantor's assigns and successors in interest; and
M. WHEREAS, Grantor may, after recordation of this Easement, convey the Property
to the California Department of Parks and Recreation ("DPR").
NOW, THEREFORE, the Parties agree that the foregoing recitals are true and
accurate. For good and valuable consideration, and in consideration of the mutual
covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of
the State of California including, inter alia, Sections 815-816 of the California Civil Code,
Grantor does hereby donate and convey to Grantee an easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth.
1. Purpose. (a) It is the purpose of this Easement to assure that the Resource Values of the Property
be preserved and/or enhanced and to prevent any use of and activity on the Property that
will impair or interfere with these Resource Values or which otherwise is inconsistent with
the terms and conditions of this Easement.
(b) While the preservation and restoration of the Resource Values of the Property is the
overriding purpose of this Easement, Grantor and Grantee acknowledge that future levels
of public use of the Property may increase over historic levels. It is the purpose of this
3Easement to accommodate public access to the extent and in the manner set forth in
Exhibit C, consistent with the preservation and/or restoration of the other Resource Values.
(c) The purposes of this Easement as described above in subparagraphs 1(a) and 1(b)
may be referred to hereinafter collectively as the "Purpose".
2. Baseline Inventory. (a) An inventory of the Resource Values of the Property is documented in a report
prepared by The Morro Group dated for reference purposes March 10, 2000, copies of
which are in the possession of Grantor, Grantee, DPR, SCC, and The Land Conservancy of
and is incorporated herein by reference as Exhibit B and is
referred to herein as "the Baseline Inventory".
(b) The Baseline Inventory identifies the current location, characteristics and status of
the Resource Values and other site elements and shall serve as the primary reference
document for the purpose of monitoring compliance with the terms of this Easement.
3. Rights and Obligations of Grantor. (a) Future Planning Efforts. Any successor or assignee of Grantor shall prepare or cause
to be prepared a short-term plan ("Interim Use Plan" or "IUP") and a long-term plan
("General Plan" or "GP") for the Property (collectively the "Land Use Plans"). These Land
Use Plans shall identify all improvements on and in the land and management practices
that will ensure the Resource Values are preserved and/or enhanced. This Easement shall
guide the development of the Land Use Plans, which shall be consistent with the terms of
this Easement unless this Easement is modified in accordance with provisions contained herein, in which case the Land Use Plans shall be consistent with any amendment to this
Easement. Grantor's successors or assigns shall hold public meetings in
County prior to formal adoption of either of the Land Use Plans and said party(ies)
shall obtain concurrence of Grantee in accordance with Paragraph 4.1 prior to
implementation of Concurrence Activities recommended in the Land Use Plans. In the
event a Habitat Conservation Plan ("HCP") is prepared for the Property, it shall also, to the
extent allowed by law, be consistent with the terms of this Easement and any subsequent
amendment to this Easement.
(b) Permitted Uses and Activities. Grantor excepts and reserves for itself and its
successors and assigns, all rights accruing from its ownership of the Property, including the
right to engage in or permit or invite the public to engage in all uses and activities
consistent with this Easement. Without limiting the generality of the foregoing and subject
to the terms of Paragraph 3(c) below, the rights described in Exhibit C, attached hereto and
incorporated herein by reference, are expressly reserved.
(c) Prohibited Uses and Activities. Any activity on or use of the Property inconsistent
with this Easement is prohibited. Without limiting the generality of the foregoing, uses and
activities that are expressly and permanently prohibited from occurring on the Property are
provided in Exhibit D, which is attached hereto and incorporated herein by reference.
4. Rights and Obligations of Grantee. To accomplish the Purpose of this Easement,
the following rights and obligations are conveyed by Grantor to Grantee by this Easement
and Grantee accepts and assumes the same:
(a) To monitor the preservation and protection of the Resource Values of the Property;
(b) To enter upon and inspect the Property for the purposes of monitoring: (1) the actual
uses and activities occurring on the Property to determine whether they are consistent with
this Easement; and (2) Grantor's substantial compliance with the terms of this Easement.
Such entry shall be permitted at any time. If a portion of the Property has been closed to
public access for any reason, access to such portion of the Property shall be permitted upon twenty-four (24) hours prior notice to Grantor (unless immediate entry is required to
prevent, terminate or mitigate an imminent or threatened violation of this Easement); and
4 (c) To prevent any activity on or use of the Property that is inconsistent with the terms
of this Easement and to require, at Grantor's expense, the reasonable restoration of such
areas or features of the Property that may be damaged by any inconsistent activity or use
conducted or authorized by Grantor.
4.1 Notice and Grantee Concurrence.
Prior to undertaking permitted activities specified in Paragraphs 4, 5, 9, 10, 11, 12, 13
or 14 of Exhibit C (hereinafter "Concurrence Activities"), Grantor shall provide notice and
obtain concurrence from Grantee as provided in this Paragraph 4.1.
(a) Notice of Intention to Undertake Concurrence Actions. The purpose of requiring
Grantor to notify Grantee prior to undertaking certain Concurrence Activities is to afford
Grantee adequate opportunity to determine whether the proposed activities in question are consistent or inconsistent with the Purpose of this Easement. Whenever notice is required,
Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date
Grantors intend to undertake the proposed activity in question. 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 to make an informed judgment as to its
consistency with this Easement. (b) Grantee's Concurrence. Where Grantee's concurrence is required, Grantee shall
provide or deny its concurrence in writing within thirty (30) days of receipt of Grantor's
written request therefor; Grantee's failure to respond within the thirty (30) day review
period shall be deemed to be Grantee's concurrence that the activity in question is
consistent with the terms of the easement. Grantee's concurrence may be denied only upon
a reasonable determination by Grantee that the action as proposed would be inconsistent
with this Easement. Should Grantee deny concurrence, Grantee shall, within sixty (60)
days of Grantee's denial, initiate the dispute resolution process provided for in Paragraph 5,
otherwise Grantor shall be entitled to proceed with the proposed activity in question. In
situations where a proposed activity has been specifically described, including nature,
scope, location and design in one or both of the Land Use Plans and has been previously
reviewed and has received concurrence pursuant to this paragraph, Grantor shall provide
notice of proposed commencement of the specific activity pursuant to Paragraph 4.1(a)
above, but shall not be required to again obtain Grantee's concurrence before proceeding
with the specific activity. 5. Grantee's Remedies. (a) The Parties shall make good faith efforts to resolve in a timely manner any disputes
or claims that arise from or are related to this Easement or its breach. If Grantee determines
that Grantor is in violation of the terms of this Easement, Grantee shall give written notice
to Grantor at the address provided in Paragraph 13(j) below, of such violation and demand
corrective action sufficient to cure the violation.
Where said violation involves injury to the Property resulting from any use or activity
inconsistent with the purpose of this Easement, which is conducted or authorized by
Grantor, or due to Grantor's acts or omissions, Grantee may require reasonable and prompt
restoration of the portion of the Property so injured. In instances where Grantor may be
required to restore the Property, in order to prevent prejudice to Grantor and permit
Grantor to timely investigate the claim, Grantee shall provide such written notice not later
than thirty (30) days from the date of the alleged violation, or thirty (30) days from the date
on which Grantee has notice of such alleged violation, whichever is later. If Grantee fails
to provide such notice within the time required, notwithstanding any other provision of this
Easement or remedy at law, Grantor shall have no obligation to restore the Property.
(b) If, following attempts to resolve the claim or dispute through direct negotiations,
Grantor fails to cure said violation within thirty (30) days after receipt of written notice thereof from Grantee, or, if the violation cannot reasonably be cured within a thirty (30)
day period and Grantor fails to begin curing such violation within the thirty (30) day
period, or if Grantor fails to diligently pursue said violation to completion, either party
may submit the claim of violation to arbitration action to enjoin the violation, by temporary
5or permanent injunction and/or an order to require the reasonable restoration of the
Property to a condition which is the same, or at Grantor's election, superior to that which
existed prior to any such injury, subject to the following terms.
Any such arbitration shall be binding and pursued in accordance with the terms of this
Section and the Commercial Arbitration Rules (the "Rules") of the American Arbitration
Association ("AAA"). The judgment upon the award rendered by the arbitration may be
entered in any court having jurisdiction thereof. Initially, the Parties shall equally pay for
the costs associated with the services provided by the arbitrator, provided that the costs of
arbitration may be recovered by the prevailing party(ies) against the other. (c) Either party desiring to submit a dispute or claim to arbitration shall first deliver to
the other party a written notice, including a statement of the nature of the controversy and
relief sought. If within thirty (30) days after delivery of said notice, the relief sought has
not been granted, or the controversy or claim has not been resolved in the manner
acceptable to the Parties, the arbitration procedures set forth in this Section and the Rules
of the AAA shall be commenced. Promptly thereafter the Parties shall jointly appoint an
arbitrator from the list of names supplied by the AAA. If the Parties fail to select an
arbitrator within said thirty (30) day period, on application by either party, the AAA shall
promptly appoint the arbitrator. The arbitrator appointed by the AAA shall be a licensed
attorney and have at least ten (10) years experience in the practice of conservation, real
estate and/or contract law. A party shall commence arbitration by filing a demand for
arbitration in the Central California Regional Office of the AAA.
(d) Grantor agrees that Grantee's remedies at law for any violation of the terms of this
Easement may be inadequate and that, if permitted pursuant to the decision of the
arbitrator, Grantee may be entitled to the injunctive relief described in this paragraph, both
prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled, including specific performance of the terms of this Easement.
(e) Notwithstanding the foregoing, if circumstances require immediate action to prevent
or mitigate irreparable harm to the Resource Values or to prevent threatened material
violation of this Easement, Grantee may, pursuant to law and rules then in effect, seek
immediate injunctive relief in the Superior Court of County,
including ex parte provisional relief as well as a permanent injunction.
6. Costs of Enforcement. In any action respecting enforcement of the terms of this
Easement, the prevailing party shall receive from the other party costs of arbitration or suit,
including, without limitation, attorneys' fees, and, in such actions in which Grantee is the
prevailing party, any costs or restoration necessitated by Grantor's violation of the terms of
this Easement, shall be borne by Grantor, all as allowed pursuant to Paragraph 5 above.
7. Grantee's Discretion. 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 terms 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 term of this Easement or of any of Grantee's rights under this
Easement. Reasonable delay or omission by Grantee in the exercise of any right or remedy
upon any breach by Grantor shall not impair such right or remedy or be construed as a
waiver. 8. Acts Beyond Grantor's Control. 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 Property or for restoration thereof, which does not result in a violation or threaten a
violation of this Easement, or is not proximately caused by Grantor, including, without
limitation, natural disaster, fire, flood, storm, pest infestation, earth movement and
fluctuations in the condition of the Property and the Resource Values, due to normal
environmental changes, or from any reasonable action taken by Grantor under emergency
conditions (1) to prevent, abate, or mitigate significant injury to the Property or
improvements thereon resulting from such causes; or (2) to protect the health and safety of
the general public.
6 9. Operating Costs and Hold Harmless. (a) Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep and maintenance of the Property, and agrees
that Grantee shall have no duty or responsibility for the operation or maintenance of the
Property, the monitoring of any dangerous conditions thereon, or the protection of Grantor,
the public or other third parties from risks relating to conditions on the Property. Grantor
shall pay, prior to delinquency, any and all assessments, fees and charges lawfully levied
by competent authority on the Property or on this Easement and shall furnish Grantee with
satisfactory evidence of payment upon written request.
(b) The successor(s) or assign(s) of Grantor hereby release and agree to hold harmless,
Grantee and its members, directors, officers, employees, agents, and contractors and the
heirs, personal representatives, successors, and assigns of each of them (collectively
"Protected Parties") from and against any and all liabilities, penalties, fines, charges, costs,
losses, damages, expenses, causes of action, claims, demands, orders, judgments, or
administrative actions, including, without limitation, reasonable attorney's fees, arising from or in any way connected with: (1) injury to or the death of 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, regardless of cause, unless due to the sole
negligence or willful misconduct of any of the Protected Parties: (2) the violation or
alleged violation of, or other failure to comply with, any state, federal, or local law,
regulation, or requirement, including, without limitation, CERCLA, unless solely by any of the Protected Parties, in any way affecting, involving, or relating to the Property: (3) the
presence or release in, on, from, or about the Property, at any time, of any substance now
or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating
to the air, water, or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Protected Parties; and (4) the obligations
and covenants of Paragraph 9(a). 10. Reassessment of this Easement. Subsequent to the approval or amendment of any
General Plan for the Property, the Parties agree to convene a joint meeting not sooner than
twelve (12) months but not later than twenty-four (24) months after said approval or
amendment of the GP. The purpose of said meeting will be to assess and determine
whether it is in the best interest of the Property and protection of the Resource Values to
modify any of the terms and conditions of this Easement. The Parties agree to work in
good faith regarding said assessments and determinations and shall notify SCC of their
decisions in this regard.
11. Extinguishment or Modification. If circumstances arise in the future such as to
render the purpose of this Easement impossible to accomplish or to necessitate revisions
and/or additions, this Easement can only be terminated, extinguished, or modified, whether
in whole or in part, by judicial proceedings in a court of competent jurisdiction or by
mutual agreement of the Parties and SCC. If the Parties mutually agree that an amendment
to this Easement is necessary or appropriate, to be binding such amendment shall be in
writing and shall be executed by the Parties and SCC. The amount of the compensation to
which Grantee shall be entitled from any sale, exchange, or involuntary conversion of all
or any portion of the Property subsequent to any termination or extinguishment, shall be
determined as provided by California law at the time and subject to the terms of the
Coastal Conservancy CCRs. Grantee shall use all such proceeds in a manner consistent
with the conservation purposes of this Easement. 12. Assignment of Grantee's Interest. Grantee shall make good faith efforts to ensure
that not later than the three (3) year anniversary of the recordation of this Easement,
Grantee is performing its activities and responsibilities hereunder consistently and
substantially in conformance with the 1993 Land Trusts Standards and Practices
promulgated by the Land Trust Alliance of Washington D.C. If Grantee is dissolved
voluntarily or involuntarily; or Grantee has its federally recognized tax-exempt status
revoked, or otherwise determines that it is unable to fulfill its material responsibilities
hereunder in a timely manner, Grantee shall assign all of its rights and interest in this
Easement to the Land Conservancy of County, and by its
7execution of this Easement, the Land Conservancy of County
indicates that it has full power and authority to accept such an assignment, grants its
consent thereto and agrees to be bound by the terms and conditions hereof. If the Land
Conservancy of County is not in lawful existence at the time of
said assignment, Grantee shall then offer an assignment of this Easement to SCC, and if
the SCC declines to accept such an assignment, Grantee shall then offer the assignment of
this Easement to The Trust for Public Land. If The Trust for Public Land declines to accept
the assignment, Grantee shall assign this Easement to another "qualified organization", within the meaning of Section 170(h) of the Internal Revenue Code of 1954, as amended,
or any successor provision, and which is authorized to acquire and hold conservation
easements under California law. Any such assignment shall be subject to the prior review
and approval of the Coastal Conservancy. In assigning its interest to other than the Land
Conservancy of County or the SCC, Grantee shall consider: (a)
the ability of the successor entity to maintain its status as a qualified organization; (b) the
financial strength of the successor entity; and (c) the ability of the successor entity to
continue to carry out Grantee's charitable purposes and fulfill Grantee's promises and
obligations under and pursuant to this Easement.
13. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
(b) Interpretation; Liberal Construction. Nothing in this Easement or any subsequent
amendment to this Easement shall be interpreted in a manner inconsistent with the Coastal
Conservancy CCRs and in the event of any inconsistency, the Coastal Conservancy CCRs
shall prevail and control. This Easement shall guide the preparation of the IUP and the GP,
which shall be consistent with the terms of this Easement. Any general rule of construction
to the contrary notwithstanding, this Easement shall be liberally construed in favor of the
grant to effect the purpose of this Easement and the policy and purpose of the California
Conservation Easement Act of 1979, as amended. 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 interpretation that would render
it invalid. (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.
(d) Memorandum of Understanding. Within one hundred-twenty (120) days following
the recordation of this Easement, Grantee and Grantor's successors or assigns shall enter
into a Memorandum of Understanding (hereinafter "MOU") that will insure appropriate
local involvement in Future Planning Efforts as specified in Paragraph 3(a). The MOU will
also provide more specific procedures for implementing the provisions of Paragraph 13(k).
(e) Entire Agreement. Except for the MOU referenced in Subparagraph (d) above, this
instrument sets forth the entire agreement of the Parties with respect to this Easement and
supersedes all prior discussions, negotiations, understandings, or agreements relating to
this Easement, all of which are merged herein.
(f) Successors. The warranties, representations, covenants, terms, conditions, and
restrictions of this Easement shall be binding upon, and inure to the benefit of the Parties
hereto and their respective successors and assigns, and shall continue as covenants and
servitudes running in perpetuity with the Property. After recordation of this Easement,
Grantor expects to convey the Property to DPR, and upon said conveyance the rights and
obligations of TPL as Grantor shall become binding upon and become the rights and
obligations of DPR and enforceable against DPR by Grantee.
(g) Termination of Rights and Obligations. Grantee's rights and obligations under this
Easement terminate upon a transfer or conveyance made in accordance with Paragraph 11
above of Grantee's entire interest in this Easement, except that liability for acts or
8omissions occurring prior to transfer shall survive transfer. Grantor's rights and obligations
under this Easement terminate upon transfer of Grantor's entire real property interest in the
Property or upon termination of this Easement, except that liability for acts or omissions
occurring prior to any transfer or termination shall survive transfer or termination. The
rights and obligations of Grantor and Grantee during the term of this Easement shall run
with the land and be binding on the succession transferee or assignee of Grantor and
Grantee of Grantor's and Grantee's respective interests in this Easement.
(h) Future Conveyance. Grantor agrees that reference to the Coastal Conservancy CCRs
and this Easement will be made in any subsequent deed or other legal instrument by means
of which Grantor conveys any real property interest in the Property (including but not
limited to a leasehold interest). The Parties further agree to give written notice to each
other of the transfer of any interest in the Property at least thirty (30) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this paragraph shall
not impair the validity of this Easement or limit its enforceability in any way.
(i) Counterparts. The Parties may execute this Easement 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 the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling.
(j) Notices. All notices required or permitted under this Easement will be in writing and
delivered to the Parties by facsimile transmission, personally by hand, courier service or
Express Mail, or by first class mail, postage prepaid, at the addresses set forth below. All
notices will be considered given: (a) if sent by mail, when deposited in the mail, first class
postage prepaid, addressed to the party to be notified; (b) if delivered by hand, courier
service or Express Mail, when delivered; or (c) if transmitted by facsimile, when
transmitted. Notice shall be delivered as follows, if to Grantee, addressed to
%%% , , CA , phone: ( ) - ; if to DPR addressed to
State of California, Department of Parks and Recreation, Attn. District Superintendent,
%% District,
, CA, phone : if to TPL addressed to The Trust
for Public Land, Legal Dept., , CA , phone ( ) - ;
and if to SCC addressed to the State of California Coastal Conservancy,
, CA, ; phone ( ) - . The Parties may, by notice as provided above,
designate a different address to which notice will be given.
(k) Applicability to After Acquired Property. As provided in the MOU, should the
successor or assign of Grantor acquire ownership or control of any portion of the Cal Trans
Highway 1 right of way contiguous to the Property (hereinafter "Contiguous Property"),
the terms and conditions of this Easement shall be used to guide said party's use of the
Contiguous Property to the extent allowed by law or any conditions imposed by CalTrans
at the time of such acquisition. The successor or assign of Grantor shall adopt or amend the
IUP or GP before establishing any use or activity on the Contiguous Property.
IN WITNESS WHEREOF, the Parties have executed this Easement.
GRANTOR: By:
Title:
By:
Title:
Date:
GRANTEE: Land
Conservancy, a California nonprofit public benefit corporation By:
Title:
By:
Title:
Date:
THE UNDERSIGNED AGREES WITH
9THE PROVISIONS OF SECTION 12
ABOVE: The Land Conservancy of
% , a California nonprofit public
benefit corporation By:
Title:
By:
Title:
Date:
ACKNOWLEDGMENT State of CaliforniaCounty of On before me,
(here insert name and title of the officer), personally appeared
, 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.Signature (Seal) ACKNOWLEDGMENT State of CaliforniaCounty of On before me,
(here insert name and title of the officer), personally appeared
, 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.Signature (Seal) ACKNOWLEDGMENT
10
State of California
County of On before me,
(here insert name and title of the officer), personally appeared
, 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.Signature (Seal)PROPERTY DESCRIPTION EXHIBIT A
BASELINE INVENTORY The Baseline Inventory of the Property prepared by The Morro Group, dated March 10,
2000, for reference purposes, has been finalized and original copies of said inventory
which are in the possession of Grantor, Grantee, DPR and SCC. Said inventory shall not be
recorded with this Easement.
EXHIBIT B
PERMITTED USES AND ACTIVITIES
The following enumerated uses and activities are permitted under this Easement,
provided that they are undertaken in a manner consistent with the terms and conditions of
this Easement; that all applicable governmental approvals and permits are properly
obtained; and they are not "Prohibited Uses and Activities" as listed in Exhibit D:
1. Administration of appropriate resource management, public access, interpretation and
public safety programs to ensure that both the Resource Values are protected and that the
public can experience a safe and enjoyable use of the Property.
2. Activities to restore the Resource Values on the Property to the extent and in the
manner permitted in the Land Use Plans adopted for the Property. Permitted uses shall
include but not be limited to removal of abandoned structures, invasive, non-native plant
species, re-vegetating with indigenous species, and earth removal and/or grading strictly
related to archeological site stabilization and/or recovery and to restoration work all to the
extent and in the manner permitted in the Land Use Plans.
3. Public access to the Property for passive recreational, educational and scientific uses
and activities, including land-based and water-based activities, to the extent and in the
manner permitted in the Land Use Plans.
4. If consistent with this Easement and reasonably necessary for appropriate use of the
Property by the public, and then to the extent and in the manner permitted by the Land Use
11Plans, the installation and maintenance of those minimum support facilities necessary to
accommodate passive recreational uses for the public's enjoyment and to protect public
health and safety. Said minimum support facilities shall be limited to: dedicated public
parking and access areas on the Property to serve the users thereof; water fountains; trash
containers; restroom facilities, provided that any permanent restroom facilities cannot be
constructed unless recommended and approved as part of a GP or amendment to a GP;
benches and picnic tables; informational, interpretive and educational signs and displays;
and fencing or other safety measures reasonably necessary to protect public health and
safety and natural resources. Such minimum support facilities shall to the maximum extent
practical be located outside of the Highway 1 view shed; site paving with non-pervious
materials and lighting shall not be permitted unless required for compliance with the
Americans with Disabilities Act (ADA) and any successor statutes thereto or otherwise
required by law for public safety. 5. Erection or placement of signs on the Property which are: required by the Coastal
Conservancy CCRs; consistent with the Land Use Plans; unit signs; interpretive trail,
directional, and/or public safety signs; signs referencing property boundaries and signs referencing prohibited activities.
6. The creation, improvement or alteration of trails and paths necessary or beneficial for
public use of the Property to the extent and in the manner permitted in the Land Use Plans.
With the exception of stream crossings and wood plank walkways, trails and paths shall be
unpaved pervious surfaces unless impervious surfaces are necessary to satisfy legal
requirements of the ADA, any successor statute to the ADA, or are otherwise required by
law for public safety purposes. EXHIBIT C
7. Activities undertaken to address emergency conditions or situations, including fire
management measures, and flood and drainage control measures as are reasonably
necessary and appropriate under the circumstances and which are required to be performed
by an agency with jurisdiction over the Property. 8. Maintenance and repair of existing utility lines and structures located in or under the
Property pursuant to an existing recorded easement, map or other legal instrument, and the
undergrounding of said lines and structures as appropriate.
9. The depositing on the Property of human cremated remains. 10. Testing, recovery and stabilization of archeological, historical and cultural resources
and artifacts; and management activities necessary for their protection and interpretation.
11. If consistent with this Easement, the lease of a portion of the Property for a non- commercial open space, scenic or ecological use, or a voluntary conveyance of fee title to
the Property to a governmental entity, except as prohibited in Exhibit D , or nonprofit entity
for conservation, scenic open space or public access purposes. 12. Actions not prohibited in Exhibit D taken to carry out applicable federal, state or
local government-mandated measures to protect public health and safety or to protect the
environment, which actions shall be carried out in a manner consistent with the intent and
terms of this Easement.
13. Provided the same are consistent with this Easement and not prohibited by Exhibit
D, those additional uses and activities which may be provided for under the Land Use
Plans. 14. Preparation, adoption and amendment of the Land Use Plans and/or an HCP.
PROHIBITED USES AND ACTIVITIES
The following uses and activities are deemed inconsistent with this Easement and therefore
12are expressly prohibited on the Property:
1. Activities that materially alter, impair, disturb or diminish the Resource Values of the
Property in a negative manner. To assist in monitoring compliance with this paragraph, the
Resource Values of the Property are documented in the Baseline Inventory.
2. The construction, creation or erection of any structure, building, mobile home, visitor
center, concessionaire stand, residence, road, driveway, parking area, recreational vehicle
park, campground, jetty, dock, or pier on the Property, except for minimum support
facilities permitted in Paragraph 4 of Exhibit C.
For purposes of this Easement, the term "structure" shall mean and include without
limitation, any building, road, sign, pipe, flume, conduit, fence, above or below ground
utility lines, sewers, septic tanks or leach lines and shall fully encompass all applications of this term pursuant to the California Coastal Act, Public Resources Code "'
30,106 as defined under prevailing law existing on the date of transfer.
3. The Property shall not be developed in any manner and no structure shall be placed
on the Property by any person or entity, except as specifically permitted in Exhibit C.
For purposes of this Easement, the terms "developed" or "development" shall be broadly interpreted and hall include without limitation, in or on the Property, and in or
under waters associated therewith, the placement, installation, construction or erection of
any solid material or structure; discharge or disposal of any dredged material or any
gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction
of any materials; any division, subdivision, partition, or de facto subdivision of the
Property of the land, including lot line adjustments; construction, reconstruction or
alteration of the size of any structure, including any facility of any private, public or
municipal utility; and the removal of native vegetation, except as part of a restoration or
resource management plan if recommended in the Land Use Plans, and shall also fully
encompass all applications of these terms pursuant to the California Coastal Act, Public
Resources Code "' 30,106 as defined under prevailing law existing on the date of transfer.
4. The use or lease of the Property for residential, commercial, retail, industrial or
mining purposes. The establishment of any for-profit or non-profit visitor-serving
commercial or retail uses, including without limitation, commercial recreational uses. The
construction, placement, or erection of any advertising signs or billboards.
EXHIBIT D
5. The following uses or activities which are prohibited under the Coastal Conservancy
CCRs: No development rights or credits that are or may become associated with the
Property and any entitlements appurtenant thereto, shall be transferred or conveyed from
any lot within the Property or off the Property to other lands. No restoration, enhancement
or other management or manipulation of the natural ecosystem on the Property shall be
used as mitigation for or to compensate for adverse changes to the environment elsewhere
unless identified in an approved HCP and authorized by the Coastal Conservancy. The
Property (including any portion of it or any interest in it) may not be used as security for
any debt. The Property and all interests therein shall not be voluntarily conveyed to United
States Government, or any agency, subdivision or representative thereof.
6. The use of motor vehicles on the Property, except to the extent strictly necessary for
Grantor to maintain and manage the Property consistent with this Easement (including
access for emergency vehicles), and except for use by the public in the dedicated parking
and access areas permitted under Exhibit C.
7. The willful introduction of exotic animals or plants that would significantly and
materially alter the Resource Values. Any substantial, deleterious disturbance or change in
13the natural habitat on the Property documented in the Baseline Inventory as "Protected
Habitat," including planting of agricultural crops or the willful introduction or conversion
of native vegetation to exotic or non-native species.
8. The storage, burying, dumping or accumulation of trash, ashes (except as permitted
in Paragraph 9 of Exhibit C), garbage, or waste on the Property, except as temporarily
needed during the construction, maintenance, repair or improvement of the Property.
9. Any exploration or extraction of oil, gas, minerals, hydrocarbons, soil, sands, gravel
or other material in, on or beneath the Property. Any grading, ditching, draining, filling, excavating, drilling, disposal, removal of topsoil, sand, gravel, rock, or minerals, or the
disturbance of the surface or change in the topography of the Property, except to the extent strictly related to activities permitted under Exhibit C.
10. The use of the Property for hunting.
COMMUNITY VISION STATEMENT
