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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,