2003-316218FREE RECORDING REQUESTED
PURSUANT TO GOV. CODE
SECTION 27383.
Recording Requested by and
When Recorded, Mail To:
City Clerk
City of Encinitas
505 S. Vulcan Ave.
Encinitas, CA 92024 and
Center for Natural Lands Mgmt,
425 E. Alvarado St., Ste H
~allbrook, CA 92028
DOC 003-0316218
MISIAL REGIIRIll
8~N I~IFIII ~SgY REOORI)ER'8 OFFIOE
HI3: 0.00
SPACE ABOVE FOR RECORDER'S USE
APN No. 262-051-24-00
IRREVOCABLE OFFER TO DEDICATE A PUBLIC ACCESS EASEMENT
AND
DECLARATION OF RESTRICTIONS
The grantor is exempt from the Documentary Stamp Tax (CA Rev & Tax S 11911) by
virtue of12 U.S.C. 1825(b)(1).
Documentary Transfer Tax is $ eyre CityTax$ ~
[3 computed on full value of property cony d, [3 or computed on full value less
value of liens or encumbrances remaining at time of sale,
[3 Unincorporated area: ~ity of Encinitas, and
THIS IRREVOCABLE OFFER TO DEDICATE A PUBLIC ACCESS EASEMENT
AND DECLARATION OF RESTRICTIONS (hereinafter "Offer") is made by and
between the Center for Natural Lands Management (hereinafter "Grantor") and the City
of Encinitas (hereinafter "Grantee").
WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in
the County of San Diego, State of California, and described in the attached Exhibit A
(hereinafter "Property"); and
WHEREAS, it is intended that this Offer is irrevocable and shall constitute enforceable
restrictions within the meaning of Article xm, Section 8 of the California Constitution
and that said Offer, when accepted, shall thereby qualify as an enfomeable restriction
under the provision of the California Revenue and Taxation Code, Section 402.1;
NOW THEREFORE, the Grantor hereby offer(s) to dedicate to the Grantee an easement
in perpetuity for the purposes of Public Access for Recreational Trails, located on the
subject Property and as specifically set forth by attached Exhibit B hereby incorporated
by reference.
BENEFIT AND BURDEN. Tlfis Offer shall run with and burden the Property and all
obligations, terms, conditions, and res~ictions hereby imposed shall be deemed to be
eoveuants and restrictions running with the land and shall be effective limitations on the
use of the Property from the date of recordation of this document and shall bind the
Grantor and all successors and assigns. This Offer shall benefit the Grantee.
DECLARATION OF RESTRICTIONS. This Offer of Dedication shall not be used or
construed to allow anyone, prior to acceptance of the offer, to interfere with any rights,
established by a court of law, of public access acquired through use which may exist on
the Property.
A separate Work and Maintenance Agreement (hereinafter "Agreement") by and between
the Grantor and Grantee is described in the attached Exhibit C.
ADDITIONAL TERMS, CONDITIONS, AND LIIV[ITATIONS. Prior to recordation of
an acceptance of this Offer, the Grantee shall notify the Grantor or the Grantors
successor in interest of the Grantee's intent to accept the recorded offer of dedication.
Prior to the opening of the accessway, the Grantee, in consultation with the Grantor, may
record additional reazenable terms, conditions, and limitations on the use of the subject
property in order to assure that this Offer for public access is effectuated.
CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be
invalid or for any reason becomes unenforceable, no other provision shall be thereby
affected or impaired.
SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions,
obligatiom, and reservations contained in this Offer shall be binding upon and inure to
the benefit of the successors and a~signs of both the Grantor and the Grantee, whether
voluntary or involuntary.
TERM. Upon recordation of an acceptance of this Offer by the Grantee, this Offer and
terms, conditions, and restrictions shall have the effect of a grant of access easement in
gross and perpetuity that shall nm with the land and be binding on the parties, heirs,
assigns, and successors.
GRANTOR'S ACKNOWLEDGEMENT
Dated: ~.-~2'3 "f_.>.~
CENTER FOR N~DS
STATE OF CALIFORNIA )
) S.S.
COUNTY OF SAN DIEGTO )
On this the ~o day of ~'o ~
!
· 2003, before me,
, a Notary Public in and for the State of
California, personally appeared ,~1.~ OV "[~t~e,~_ , Execmive
Director, on behalf of the Center for iqathraf Lands Managemei~t acting in the capacity
therein stated personally known to me (or Frcvz:~ ....... ,__ ,___:_
c;--:acacc) to be the person whose name is subscribed to the within instrument and
acknowledge to me thatshe executed the same in hi[let~uthorized capacity, and that by l~s her'
signature on the instrument the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
My Commission Expires:
Signature
lqotary Public, State of California
con I~- . ~---~Clc~o ~ ·
N~tar~s Name Printed or Typed
GRANTEE'S ACCEPTANCE
CITY OF ENCINITAS
rrinted~.a~_ .'_ IC~r ~y -L-7 ~ .~ ~. r
Titlc: ~City M~
GRANTEE'S ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)s.s.
COUNTY OF SAN DIEGO )
Onthisthe,,¢~-~Xdayof ~rC~ ,2003, beforeme,~e~or~k
(h~, r U ¢~ ~ , a No~ ~blie, personally appe~ed
~ 0 p~ &- ~lte~ ,actingin~ecapac~ty~ere~stated, person~ly
to me ~ ~ .............. ~ ~,o,o ~ o .......... ~ ..... , to ~ ~e person
whose me is subscribed to the ~thi~ ins~em ~d ac~oMedged to me ~t he
execmed ~e sine in his au~ofized capacity, ~d that by his silage on ~e ~sment
· e mtiW upon behalf of w~mh the pemon ~ted, executed ~e im~ent.
WITNESS my hand and official seal.
My Commission Expires: i t l a q I off'
Notary Public, State of California
Nota~y's Name l finted or Typed
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 1, 2 AND 3 AND THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
OF SECTION 24, ACCORDING TO R.O.S. 4749; THENCE SOUTH 85°40'17'' WEST,
ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION, 1302.84 FEET TO
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
NORTHWEST QUARTER OF SECTION 24; THENCE NORTH 00o05'07" WEST,
ALONG THE WESTERLY LINE OF SAID EAST HALF FO SAID NORTHWEST
QUARTER OF SECTION 24, A DISTANCE OF 2636.15 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST
QUARTER Ob* SECTION 24; THENCE NORTH 87009'34" EAST ALONG THE
NORTHERLY LINE OF SAID SECTION 24, A DISTANCE OF 1158.87 FEET;
THENCE SOUTH 38034'36" EAST 497.33 FEET TO A TANGENT 500 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
33°53'09'', AN ARC DISTANCE OF 295.71 FEET, THE NORTHEASTERLY LiNE
OF SAID LOT 1; THENCE SOUTH 20°34'41" EAST, ALONG THE
NORTHEASTERLY LINES OF SAID LOTS 1, 2 AND 3 A DISTANCE OF 2423.20
FEET, MORE OR LESS, TO THE INTERSECTION WITH THE CENTERLINE OF
MANCHESTER AVENUE ACCORDING TO ROAD SURVEY NO. 426, A POINT
ON A 1000 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL
TO WHICH BEARS SOUTH 56°28'03" EAST; THENCE SOUTHWESTERLY
ALONG SAID CENTERLINE, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10041'03", AN ARC DISTANCE OF 186.47 FEET; THENCE
SOUTH 44013'00" WEST, ALONG SAID CENTERLINE, 33.53 FEET; THENCE
NORTH 46045, 12" WEST 970.00 FEET; THENCE SOUTH 50024'20" WEST 300.00
FEET; THENCE SOUTH 00°21'19" WEST 1480.33 FEET TO THE SOUTHERLY
LINE OF SAID LOT 3; THENCE SOUTH 89058'23" WEST, ALONG SAID
SOUTHERLY LINE, 158.77 FEET TO THE EASTERLY LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 24; THENCE NORTH 00018'26"
WEST, ALONG SAID EASTERLY LINE, 1335.01 FEET TO THE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL B IN CERTIFICATE OF
COMPLIANCE RECORDED ON J1JLY 11, 1996 AS FILE NO. 1996-0347798 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY,
Tae(3an/-ane
eExhibit
Calle Ryan
line = Pro ~ ea.~mlent(-[ c~ ~-
~ bOundary*~ ~
Trabert Ranch
ROad
Manchester Ave
Exh ib i.L
· I
Trail improvement Plan
Qt~/Ma~nta~n/C~ty Easement
SDGE Easement
Cbse off to foot traffic P,reserv-- Boundary
EXHIBIT "C'
WORK AND MAINTENANCE AGREEMENT BETWEEN THE
CENTER FOR NATURAL LANDS MANAGEMENT AND THE CITY
OF ENCINITAS FOR THE TRAILS IMPROVEMENT PROJECT AT
THE
MANCHESTER CONSERVATION BANK
This Work and Maintenance Agreement ("Agreement") is made and entered into by and
between the Center for Natural Lands Management, Inc., a 501(c)(3) organization
(hereinafter "Center") and the City of Encinitas (hereinafter "City"),
A. RECITALS
1. The City of Encinitas has secured grant funding from the California State Department
of Parks and Recreation under the Habitat Conservation Fund in the amount of ($62,000)
sixty-two thousand dollars to improve trails and public access in the Manchester
Mitigation Bank, now named the Manchester Conservation Area (Preserve). Funding is
to be used for trail improvements such as erosion control, clearing brush to widen
existing trails, constructing water bars, and to purchase trashcans, fencing, signs, and to
conduct non-native plant removal.
2. Thc purpose of this agreement is to define the scope of work and maintenance granted
from the Center to the City for recreational trail improvements on the Manchester
Preserve in accordance with grant contractual obligations. The Center holds fee title to
the Preserve and will grant an Irrevocable Offer To Dedicate A Public Access Easement
to the City for public recreational trail use.
3. The Preserve operates as a conservation bank providing mitigation for habitat loss
resulting from development. All agreements and conditions are set forth in the
Implementation Agreement, "IA" for the Property dated September 30, 1997. The
procedures for the sales of credits, accounting, and reporting of credit transfers are
described in the IA. The IA also provides the funding for perpetual management of the
Preserve through the establishment of separate Management and Endowment Accounts
by the Center consistent with the execution of the IA.
4. The Center is a "qualified organization" within the meaning of Section 170(h) of the
Internal Revenue Code of 1986, as amended ("IRC"). The Center is also a tax-exempt
nonprofit organization qualified under Section 501(c)(3) of the IRC and qualified to do
business in the State of California. The Center's primary purpose is the management of
land in an environmentally and biologically beneficial manner consistent with state and
federal environmental laws. The primary goal of the Preserve is to protect habitat, and the
plants and animals within it.
5. The Center is qualified to manage the Preserve and is committed and agrees to
manage the Preserve for conservation purposes in accordance with the requirements and
restrictions governing the property including the IA, the Mitigation Banking Agreement
(official document detailing natural land credits), the Conservation Easement, California
Department of Fish and Game, the "Department" and USFWS approved Management
Plan, and City of Encinitas California Environmental Quality Act requirements.
6. The Center shall carry out all Management actions specified in the Management Plan
to the maximum extent practicable consistent with the level of funding received by the
Center through its endowment. The Management Plan outlines a series of goals and
objectives for managing the Preserve to ensure that the Center is maintaining a viable
natural open space area. Goals and objectives consist of public outreach, enforcement,
habitat maintenance, biological monitoring, and reporting.
Now therefore, the parties agree to ~ follows:
B. DUTIES
The City will perform all work as described in A1 above and further detailed in la and lb
below. The City will also be responsible for all contraetuai and grant financial
obligations to the State of California Department of Parks and Recreation under the
Habitat Conservation Fund. Under the grant contract, the City will provide matching
funds of the total project cost of($62,000) sixty-two thousand dollars. The State will
provide ($31,000) thirty-one thousand dollars and the City will provide ($31,000) thirty-
one thousand dollars. The project site will remain open to public access in perpetuity.
For purposes of grant funding, the City shall place trash cans at main entrances to the
Preserve, enhance existing trails (see item la below), post appropriate signs (see item lb
below), conduct erosion repair, and construct wood-pole fencing in areas agreed upon by
the Center and the City. A map showing the locations where these tasks will be
accomplished will be provided to the City from the Center prior to any placement of
fencing. The City shall coordinate all activities through and with the approval of the
Center's Site Manager.
la. Trail enhancement. Currently, many of the trails at the Preserve are in poor
condition and there are a few trails that are undesirable (rogue trails). Trail
enhancement shall consist of fixing erosion gullies and scars, removing some
vegetation to widen trails in certain areas and cutting offaccess to rogue trails.
At this time, trails at the Preserve vary in widths between 2 and 15 feet. The
desired trail width within the Preserve is three (3) feet. Portions of trails, which
exceed three feet in width, shall not require nor be subject to any vegetation
clearing unless agreed to by the Center's Site Manager. A map showing the
desired trail system is provided tbr in Exhibit BpfthF Irrevocable Offer to
Dedicate A Public Access Easement, dated Z~{ 't3-[O~ . from the Center to
the City,
The Center shall provide the City with a map showing the locations of sensitive
plant and animal species to avoid impacts to these species (Exhibit D). No
sensitive or endangered species shall be adversely impacted.
lb. Signing and trash cans. Parties agree that grant funding will also cover the
purchase oftrashcans and kiosks to be placed within the Preserve. These three
locations are defined as main access points to the Preserve along Tmbert Ranch
Road, Calle Ryan and Calle Plumerias. In addition, trash cans will have a small
opening in the top, to ensure that animals cannot get in them. The Center shall
provide appropriate recommendations as to the type of trash receptacles to
provide this security.
Parties agree that grant funding will provide for large 3 foot by 5 foot signs to be
posted with the name of the Preserve on them, at these same access points. In
addition, at two of these locations, two "kiosks" will be put in place to allow for
posting of educational material and trail maps. Other signs, such as "Habitat
Restoration Area, Keep Out", or trail direction signs will also be posted as
necessary witltin the Preserve.
2. Trail maintenance. Trail maintenance will be performed by the City. Trail
maintenance shall consist of erosion control, weed abatement, and sign
maintenance on Recreational Trails depicted in Exhibit 'jB" o~[ the Irrevocable
Offer to Dedicate A Public Access Easement, dated 'Jfl,%zp[.O*; . The City
shall coordinate all work and trail maintenance through and with the approval of
the Center's Site Manager. The City will reimburse the Center for costs
associated with the Center Site Manager's eoordinatlon of maintenance activities,
in an amount not to exceed $2,000 per fiscal year. The Center will bill the City
on an annual basis for this amount and will submit proper documentation,
detailing hours, amounts, and work preformed.
3. The City shall not be responsible for any work not specifically addressed in
this agreement and the grant project.
4. Access to the Preserve by City staff and work crews shall be coordinated
through the Center Manager.
C. MISCELLANEOUS
Interpretation and Headings
The language in all parts of this Agreement shall in all cases be simply
construed according to its fair meaning, and not strictly for or against any
party. Headings of the paragraphs of this Agreement are for the purposes
of convenience only and the words contained in such headings shall in no
way be held to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
Modification
This Agreement is not subject to modification except in writing signed by
all parties, and any attempted modification not in compliance with this
requirement shall be void. The parties shall use their good faith efforts to
complete such modifications within 90 days after the initial request is
made for a modification by the requesting party.
Notices
All notices, demands, or requests from one party to another may be
personally delivered, sent by facsimile, sent by recognized ovemight
delivery service, or sent by mail, certified or registered, postage prepaid,
to the persons set forth below or shall be deemed given five days after
deposit in the United States mail, certifted and postage prepaid, return
receipt requested, and addressed as follows or at such other address as any
party may from time to time specify to the other Parties in writing, and
shall be effective at the time of personal delivery, facsimile transmission,
or mailing.
CENTER FOR NATURAL LANDS MANAGEMENT, INC.
Atto: Sherry Teresa, Executive Director
424 E. Alvarado Street, Suite H
Fallbrook, CA 92028
760.731.7790
760.731.7791 fax
CITY OF ENCiNITAS
Attn: Phil Cotton
Director of Parks and Recreation
505 S. Vulcan Avenue
Encinitas, CA 92024
760.633.2746
760.633.2626 fax
Any pbxty may change the address to which such notices, payments, or other
coinmunications may be sent by giving the other Parties written notice of such
change. The Parties agree to accept facsimile transmitted signed documents, and
agree to rely upon such documents as if they bore original signatures. Each party
agrees to provide to the other Parties within 72 hours after transmission, such
documents beating the original signatures.
10.
11.
Successors and Assigns
This Agreement and each of its covenants and conditions shall be binding
on, and shall inure to, the benefit of the Parties and their respective
successors and assigns. Center shall not assign this Agreement without
the written consent of the Preserve Landowner, which Consent may be
withheld for any or no reason.
Exhibits and Attachments
All exhibits and attachments referred to in this Agreement are attached to
this Agreement and are incorporated herein by this reference.
~ounterparts
This Agreement may be executed by the Parties in several counterparts,
each of which shall be deemed to be a_n original executed document.
Attorneys' Fees
If any action at law or equity, including any action for declaratory relief, is
brought to enfome or interpret the provisions of this Agreement, each
Party to the litigation shall bear its own attorneys' fees and costs.
No Partnerships
This Agreement shall not make, or be deemed to make, any Party to this
Agreement an agent for or the partner of any other Party.
Governing Law
This Agreement shall be governed by and construed in accordance with
the internal laws of the State of Califomia. Any litigation or arbitration
regarding this Agreement will be brought in San Diego County Superior
Court or conducted in San Diego County.
SeverabiliW
If any provision of tltis Agreement, or the application thereof to any
person or circumstances, is found to be invalid, the remainder of the
provisions of this Agreement, or the application of such provision to
person or circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
Indenmity
(a) The Center shall defend at its expense, including attorneys' fees,
indemnify and hold harmless the City from any claims, actions, or
proceeding against the City, it's elected officials, agents, officers and
employees and any liabilities, losses or damages arising from or relating to
any negligent act, omission or intentional misconduct of the Center or the
Centerts breach of any obligation under this Agreement.
(b) The City shall defend at its expense, including attorneys' fees,
indemnify and hold harmless the Center from any claims, actions, or
proceeding against the Center, it's elected officials, agents, officers and
employees and any liabilities, losses or damages arising from or relating to
any negligent act, omission or intentional misconduct of the City or the
City's breach of any obligation under this Agreement.
IN WITNESS WHEREOF, the Parties have execute..d..this Agreement effective as of the
date first written below.
Dated:
~~'IZIRAL L~~. MANAGEMENT
By..;./
Dated:
CITY OF ENCINITAS
~Exhibit "D""
Manchester Habitat Conservation Area
Sensitive Plant Species
Property ---~1
Boundary
Sensitive Species =
hatched polygons
,¢
Sensitive Plant Species
~;~,~ Chocolate lily
Wart..stemmed ceanothus
Summer holly
San Diego sagewo.d
Cleveland's .sage
Preserve Boundary
Manchester ConserVation Area
Figure 7.
Ser~sitive P~a~t Species
Del M@r manzsnit8
Sar~ Diego thornmi~t
Orcu~'s haza~'dia
PreserYe 8oundary
Mar~cbester Consenzation
Figure 5,