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HomeMy WebLinkAbout021-040-009\GEaWILDLIFE AREATd &Rutherf6rd�Rdt r 9/17/8?, . i i C111*4 cm Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING January 7, 2005 Mr. Peter Perrine Wetlands Program Manager Department of Fish and Game Wildlife Conservation Board 1807 13`" Street, Suite 103 " Sacramento, CA 95814 Subject: APN 021-040-020 Dear Mr. Perrine, After our meeting on December 2, 2004, I discussed the proposed conservation easement that is ' being proposed for Mr. Rudd's property located in Butte County with Planning Staff and County Counsel. Based on the information provided at the meeting and identifying that the property, while it will be under conservation easement, it will provide for a continued agricultural use of grazing. As long as there is the ability to use the parcel, currently zoned Agricultural 40 -acre minimum and with a General Plan Land Use designation of Orchard and Field Crops, for agricultural purposes no discretionary permits, including rezoning, would be required for putting the conservation easement on the parcel. If you have any questions; please contact me at (530) 538-7376 or by email at mmichelena@buttecounty.net. This is especially true if the above information conflicts with your understanding of what was discussed at the meeting. Sinnccjerely, Zo Mark Michelena Associate Planner. Cc. Gary Rudd Memorandum TO: Felix Wannenmacher, County Counsel FROM: .Mark Michelena, Associate Planner DATE: December 14, 2004 t SUBJECT: Conversion of Agricultural Land through a Conservation Easement ATTACHMENTS:, Maps (0) Sample Conservation Easement Zoning Information (Agricultural and Resource Conservation) Correspondence (x3) Department of Development Services Planning Division I met with the property owner, Mr. Rudd, and three gentlemen from the Department of Fish & Game, Mr. Peter Perrine (Wetlands Program Manager), Steven Christensen (Senior Land Agent), and Dean Kwasny (Associate Wildlife Biologist) on December 2, 2004 to discuss the potential. conversion of agricultural land to natural habitat. A The parcel is located in both Butte and Sutter County. * The issue was what procedure is required to make this conversion. I have included the zoning code sections for the Agricultural and Resource Conservation zones. Initially, it was expected that a rezone would be required based on what is permitted in the Agricultural zone. But during the meeting ' it was determined that what they are looking to do is create a conservation easement over the property and have it used for grazing and hunting rights for the property owner. f My initial determination would be that since an agricultural use, grazing would occur on the parcel, no rezone would be required, and a Conservation Easement would be allowed. Please let me know what you think.' Maybe we can arrange a meeting, or place it on an IDR agenda to determine what would be required. I have included attachments (maps, correspondence and a sample conservation easement) that might help in your review 40 AC n EA-"ESSORS VlAr7 NOM -U4 ---- NTY OF BUTTE, CALIF. . 1..96 A PN 0;L!- 090- 010 32-0 acres #�1 TION '• onserva Cas@merit' . !� GtA21„A Only , z I3 �Op,ber -to rela,h hva►+in 9 O r V e.Co Y - w a ►' BCCoun'�V i 74 g-030--?o- 8-O�a-88 p. 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TopoQuads Copyright O 1999 DeLorme Yarmouth, ME 04096 Source Data: USGS 1000 ft Scale:1 : 25,000 Detail: 13-0 Datum: WGS84 Appraisal Report Rudd Ranch Conservation Easements page 15 t can 'rCwasny - Conservation Easement wetlands-ag draft 4.doc Page 1 State of California The Resources Agency Department of Fish and Game WILDLIFE CONSERVATION BOARD Recording Requested By.- WILDLIFE y.WILDLIFE CONSERVATION BOARD 1807 13th Street, Suite 103 Sacramento, California 95814-7117 When Recorded Mail To: State of California WILDLIFE CONSERVATION BOARD Attention: LAND AGENT 1807 13th Street, Suite 103 Sacramento. California 95814-7117 PROJECT:Wetland Conservation. Easement Program NAME COUNTY: NAME, APN No(s). AGREEMENT AND GRANT OF CONSERVATION EASEMENT THIS AGREEMENT AND GRANT OF CONSERVATION EASEMENT (the Easement) is made and•entered into this day of , 20_, by and between the STATE OF CALIFORNIA, acting by and°through the Department of Fish and Game, Wildlife Conservation Board, hereinafter called State, and NAME, hereinafter called Grantor. , WITNESSETH: WHEREAS, Grantor isthe owner in fee simple of certain real property, situated in the County of , State of California, more particularly described in "Exhibit A", which is attached hereto and made a part hereof, hereinafter referred to as the Property; and WHEREAS, the Property supports or will support habitat of particular importance to waterfowl and other wetland -associated species; and WHEREAS, Grantor is willing to grant a Conservation Easement.to State over the Property, thereby restricting and limiting the use of land and contiguous water areas of the Property, on the terms and conditions and for the purposes hereinafter set forth; and Dean PCwasny Conservation Easement wetlands-adraft 4.doc Page 2 WHEREAS, Grantor and State recognize the waterfowl and other wildlife values provided by the Property in its present and/or planned state, and have the common purpose of conserving and enhancing the natural and managed wetland habitats, certain upland habitats, and agricultural values of the Property, thereby preserving the character of the Property, and preventing the use or development of the Property for any purpose or in any manner which would conflict with the maintenance in perpetuity of those habitat values referred to above. NOW THEREFORE, for valuable, adequate and sufficient consideration and in further consideration of the mutual covenants, terms, conditions'and restrictions hereinafter set forth, and pursuant to the laws of California, including Civil Code 815.3, Fish and Game Code 1348, and other provisions of California law, Grantor hereby grants and conveys unto State forever and in perpetuity a Conservation Easement in the lands and water on, over and across the Property. The terms, conditions, and restrictions of the Easement are as hereinafter set forth: 1. The terms "State" and "Grantor", wherever used herein, and any pronouns used in place thereof, shall be held to mean and include the above-named Grantor, its officers, employees, successors and assigns, and the above-named State, its heirs, personal representatives, successors and assigns. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of Grantor and State. 2. State's Rights. The rights conveyed to State by this Easement include, without limitation, are the following: (a) To enter the Property at all reasonable times, across the Grantor's fee if necessary, for the purpose of inspecting said property to determine if Grantor is in compliance with the terms, conditions, restrictions and purposes of this Easement. (b) To enjoin any activity on or any use of the Property which is inconsistent with the provisions of this Easement, and to enforce the restoration of such areas or features of the Property as may be damaged by such activities, as set forth in this Easement. (c) All present and future development rights. 2. Zones. For purposes of the Easement, the Property may be divided into the following two land uses: (A) the Wildlife Habitat Area; and (B) the Agricultural Area, which shall consist of those portions of the Property that are described on the map attached hereto as Exhibit B. 3. Uses and Practices Consistent with the Easement. Dean Kwasny - Conservation Easement wetlands-ag draft 4.doc Page 3 (a) Wildlife Habitat Area. The following uses and practices by Grantor, when carried on in the Wildlife Habitat Area, are expressly deemed to be consistent with the Easement, and may not be precluded or limited except by the requirement of prior approval of State where provided for herein. (1) Habitat Management. A total of acres of the Wildlife Habitat Area shall be maintained as wetland habitat and approximately acres as upland habitat. Representatives of the State may choose to confer with the Grantor in spring of each year to discuss and establish specific habitat management strategies for the period from May 1 through April 30 of the following year. These annual habitat management strategies will be provided verbally to the Grantor at the conclusion of the spring meeting, then will be formalized in an Annual Work Plan and will be mailed to the Grantor within forty-five (45) days. The habitat management requirements specified in the Annual Work Plan shall describe strategies to maintain or improve the quality of wildlife habitats on the Wildlife Habitat Area. These strategies may include such practices as vegetation irrigation, vegetation control through disking, burning, mowing, or herbicide application, and the seeding or transplanting of vegetation. The Grantor agrees to judiciously implement each element of habitat management described herein and in the Annual Work Plans for so long as this Easement remains.in effect. Grazing of livestock may be included as a management strategy on the Wildlife Habitat Area. (2) Hunting. The provisions of Article.4 hereof shall not prohibit hunting, fishing, or the operation of a hunting club on the Wildlife Habitat Area, and such use shall be deemed to be consistent with maintenance of the Wildlife Habitat Area as wildlife habitat so long as such use is in accordance with all applicable State and Federal laws and regulations regulating hunting on privately owned lands. In this connection, Grantor may take such actions as he may deem appropriate to facilitate the operation of any waterfowl hunting club on the Property provided that such actions are consistent with the management practices contained herein . Such actions may include building or relocating blinds, providing access to blinds, installing new wells solely for the purpose of supplying water to the Wildlife Habitat Area and installing and maintaining those water control structures required to achieve the wetland habitat conditions described herein , irrigating vegetation, planting native trees and wetland vegetation, and mowing, discing, and/or burning non -woody vegetation to the extent it encroaches upon the open water areas and interferes with hunting and/or the use of the Wildlife Habitat Area as wildlife habitat. In no case shall any action result in the material diminution of either wetland acreage or wetland habitat values. (3) Grazing. Grazing of livestock is an allowable land use under this Easement. Grazing in the Wildlife Habitat Area must be done in a manner that takes into consideration the needs of the wildlife species for which the Easement is intended. Fall, winter, and early spring (March) grazing can be an effective tool for maintaining the vigor of upland grasses and forbs that serve as nesting habitat for ducks, pheasants, songbirds, and other grassland species. However, these bird species nest on or near the ground and generally need protection from grazing during the breeding season. As Dean Kwasny - Conservation Easement wetlands-ag draft 4.doc Page 4 such, grazing is restricted in the Wildlife Habitat Area during the nesting season from April 1 through July 15. Modifications in the timing and duration of livestock grazing are permissible, at the sole discretion of the State, provided a detailed grazing management plan is developed prior to implementation. In such a case, a written grazing plan will be developed to establish the timing, location, duration, and intensity of grazing on the property based on the mutual* agreement of the Grantor and the State. (b) Agricultural Area. Grantor retains the right to use the Agricultural Area for agricultural purposes, or to permit others to use the Agricultural Area for agricultural purposes, except as specified in Article 4(b), in accordance with applicable law as long as the agricultural productive capacity and open space character of the Agricultural Area are not thereby significantly impaired. Grantor retains the right to apply for and participate in any program offered by the U.S. Department of Agriculture or California Department of Conservation, provided that any resultant activities of such participation are not precluded elsewhere in this Easement. Grantor retains all hunting rights on the Agricultural Area. 4. Inconsistent Uses. Grantor reserves all rights of surface entry and the right to continue the use of the Property for those purposes deemed by State as not inconsistent with the purposes, intent and specifications of this Easement. The following uses of the Property by the Grantor, although not an exhaustive recital, are inconsistent with the purposes of this Easement, and are hereby prohibited: (a) Wildlife Habitat Area. In general, uses of, and activities upon the Wildlife Habitat Area, which shall be deemed by State as inconsistent with this Easement, are those uses and activities which in any way result in a diminution in the quality or quantity of wetland and upland habitat or the use thereof by wildlife. Such inconsistent' uses and activities shall include, but shall not be limited to, the following: (i) the cultivation of agricultural crops for commercial gain on the Wildlife Habitat Area, (ii) the alteration of the existing topography of, or other alterations or uses, or 4 Dean Kwasny - Conservation Easement wetlands-ag draft 4.doc Page 5 permitted alterations or uses by third parties of the Wildlife Habitat Area for any purpose, including the exploration or development of any reserved minerals, in a manner that would change the topographic or vegetative character of the Property or adversely affect the wildlife habitat value or wildlife use of the Wildlife Habitat Area; (iii) the placement of any new structures on the Wildlife Habitat Area other than hunting blinds and those water control structures required to achieve the wetland habitat conditions described herein; (iv) the removal of living or dead standing trees six inches or greater in diameter; and (v) the dumping, burning and/or burying of rubbish, garbage, non -biodegradable materials or any other waste or fill materials. (b) Agricultural Areas. (1) Structures. Grantor may undertake construction, erection, installation or placement of buildings, structures, or other improvements on the Agricultural Area only as provided herein; (i) existing fences may be repaired and replaced, and new fences may be built anywhere on the Agricultural Area for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Agricultural Area, without any further permission of the Grantee; and (ii) existing agricultural structures and improvements as shown in Exhibit B may be repaired, reasonably enlarged, and replaced at their current locations for agricultural purposes without further permission from the Grantee. Any other agriculture production or marketing -related structures may be constructed only with the written permission of the Grantee pursuant to Paragraph 5. (2) Crops. The Agricultural Area is limited to the planting, cultivation and harvesting of the following annual crop types: (i) grain crops, including, but not limited to, rice, wheat, oats, barley, and millet; (ii) corn, milo or safflower; (iii) alfalfa and other hay crops; and (iv) pasture. 5. Special Permitted Uses. State may permit Grantor to engage in uses and activities on the Property which are generally considered to be inconsistent with this Easement as described in Article 4, provided that: (i) Grantor has submitted to State, in writing, the detailed plans for and explanations of the proposed use or activity; (ii) State has thoroughly assessed the probable impact of the proposed use; (iii) if deemed necessary or permissible by State, Grantor has prepared or caused to be prepared a detailed mitigation plan to minimize impacts upon both the wildlife use and wetland habitat values of the Property and a detailed compensation plan which will fully offset any and all unavoidable adverse impacts thereto, and has made legal and binding assurances that such mitigation and compensation measures shall be implemented in a timely manner; and (iv) all necessary local, State, and Federal permits have been obtained for the proposed action. Sixty (60) days prior to the commencement of any activity, use, or enterprise requiring State's approval or which is not entirely consistent with Article 3 above, Grantor shall provide written notice by registered mail of its intention to commence or undertake such activity, use or enterprise. Said notice shall inform State of all aspects of such proposed activity, use or enterprise. State shall respond within thirty (30) days from the receipt of such notice to inform Grantor of any concerns or objections State may have relative to the proposed activity, use or enterprise. Such objection or concerns, if any, shall be based upon State's opinion that the proposed activity is inconsistent with the purposes, intent or specifications of this Easement. If, in State's judgment, conformity with the purposes of this Easement may be achieved by alternative means, said notice shall inform Grantor of the manner in which Tean - Conservation Easement wetlands-ag draft 4.doc Page 6 the proposed activity can be modified to be consistent with this Easement. Only upon State's express written approval may the proposed activity, use or enterprise be commenced and/or conducted, and only in the manner explicitly represented by Grantor and approved by State. 6. Water. Grantor does hereby grant to State the first priority use of all existing water rights (hereinafter referred to as Easement Waters) as detailed below. The Easement Waters consist of: (i) any riparian water rights appurtenant to the property; (ii) any appropriative water rights acquired incident to, or for the purpose of, serving the property; (iii) any waters, the rights to which are secured currently or in the future under contract between Grantor and any private or public entity or individual, for use on the property; and (iv) any water from wells currently in existence or which may be constructed in the future that are expressly intended to, or in part, serve and maintain the property in a manner consistent with this Easement. The Easement Waters are limited to the amount of water available to Grantor which is reasonably required to restore, create and maintain wetlands and other significant habitat, and agricultural lands on the property in accordance with this Easement. 7. Flooding of Wildlife Habitat Area. The Grantor is responsible for judiciously carrying out the flooding requirements described herein as necessary to achieve the wildlife benefits for which acquisition of the subject easement is intended. All wetlands shall be flooded, at a minimum, continuously from November 1 through March 1 o each year. Wetlands shall be completely flooded and maintained at water depths of 4-12 inches in the shallow areas and 12-24+ inches in the deeper swales and potholes. Relatively stable water levels shall be maintained throughout this time period to ensure the continuance of wetland values and functions. In addition to the minimum winter flooding of wetlands, flooding should also take place once or twice, as needed, during spring and summer on all seasonal wetlands to maximize production of desirable wetland vegetation. 8. Mosquito Abatement. Mosquito abatement is the sole responsibility of the grantor and shall be implemented in a manner consistent with maintaining the habitat values, including the wetland flooding requirements, identified in the conservation easement. Mosquito control measures or BMPs (Best Management Practices), as outlined by the local mosquito abatement district in consultation with DFG wetland biologists, shall be incorporated where practical on the property to reduce mosquito production while continuing to provide productive wetland habitat and agriculture. 9. Noxious Weed Control. Control or eradication of noxious weeds in the Wildlife Habitat Area and Agricultural Area shall be required when new infestations are identified or existing infestation lessen the biological value of wetland, upland habitats, or agricultural lands for wildlife, or are determined by the State to pose a threat to neighboring pastureland or farmland. Control measures may include grazing, mechanical removal, mowing, discing, burning, and/or herbicide application 10. State's Remedies. In the event a violation of any restriction contained in Article 4 hereof, whether by Grantor or a third party, comes to the attention of State, State shall notify Grantor in writing of such violation. Grantor shall have thirty (30) days after receipt of such notice to, at its sole expense, undertake actions including restoration of that portion of the Property affected by such activity to a condition which, to the satisfaction of State, is similar or equivalent to the condition that existed prior to the undertaking of such unauthorized 6 Deanwasny - Conservation Easement wetlands-ag draft 4.doc Page 7 activity. If Grantor fails to take such corrective actions to the satisfaction of State, State may, at its discretion, undertake such actions as are reasonably necessary to effect such corrections. Failure to properly flood the Wildlife Habitat Area or otherwise duly discharge the habitat management practices described herein shall be considered a breach of this Easement and subject to the remedial measures described in Article 9. Enforcement of the terms and conditions of this Easement shall be at the reasonable discretion of State, and any forbearance on behalf of State to exercise its rights hereunder in the event of any breach hereof by Grantor shall not be deemed or construed to be a waiver of State's rights hereunder in the event of any subsequent breach. (a) Flooding Remedies for Wildlife Habitat Area. State reserves the right to take all necessary steps to perform Grantor's obligation to flood the Wildlife Habitat Area in the manner prescribed herein. In this connection, State shall have, at its sole discretion, the right and option, but not the obligation, to use any and all of the Easement Waters that State deems necessary for wildlife habitat purposes and to place on the Wildlife Habitat Area and convey through Grantor's water distribution facilities any other waters State may acquire or have available to it. State shall have the right to make full use of Grantor's water distribution facilities, including both existing facilities and any facilities constructed by Grantor in the future and including all water wells and pumps, to the extent those facilities are capable of serving the Wildlife Habitat Area. In the event that Grantor fails to properly flood the Wildlife Habitat Area pursuant to this Easement (except under the conditions described in Article 9(c)) and, in the interest of wildlife and habitat protection, State elects to flood the Wildlife Habitat Area as provided for in Article 9(a), Grantor, his agents, invitees and assigns shall not be permitted to hunt for any species of waterfowl on the Wildlife Habitat Area during the waterfowl season commencing in the year(s) the breach of this covenant occurred. State may grant exception to this restriction only if: i) a waterfowl disease outbreak occurs on the Property and hunting on the area is determined to be necessary to prevent the concentration of waterfowl on the area while it is being drained of water, or ii) Grantor has, prior to the waterfowl season in question, reimbursed State all of the costs incurred by State for actions taken pursuant to Article 9(a). (b) Costs of Enforcement. Any costs incurred by State in enforcing the terms of this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Easement, shall be borne by Grantor. Grantor shall be obligated to reimburse State for all costs incurred and said obligation shall bear interest at the maximum rate allowed by law until paid in full by Grantor. However, should State elect to flood the Wildlife Habitat Area as provided for in Article 9(a), and the water is obtained from a source(s) other than the Easement Waters, and the water thus obtained is more costly than the Easement Waters would have been, then Grantor's obligation to repay State the cost of said water shall not exceed that amount which would have been required had State used the Easement Waters. In the event State exercises its right to utilize any of Grantor's water distribution facilities and it is proven that those facilities suffered damage due to negligence on the part of State, then State shall be liable to affect the reasonable repair of said damage. The aforementioned damage shall not include the normal wear and tear which could be expected to occur to the water distribution facilities as a result of normal use. 7 Dean kwasny - Conservation Easement wetlands-adraft 4.doc Page 811 (c) Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle State to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earthquake, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. It shall not be considered a breach of the terms and conditions of this covenant if Grantor is unable to adequately flood the Property due to an unanticipated curtailment of water deliveries imposed by the serving water district(s) due to conditions that State determines to be clearly beyond the control of Grantor. 11. Control of Wildlife Disease or Contaminants. State reserves the right to prohibit the flooding of the Wildlife Habitat Area and also to effect immediate drainage of the Wildlife Habitat Area if either action is deemed by State to be necessary to prevent or control the loss of waterfowl and/or other wildlife species due to disease or environmental contaminants. 12. Transfer. Grantor may at any time attempt to divest itself of its remaining interest in the Property through a donation of said interest. Grantor must first offer said donation to State. State shall consider the offer, but shall not be obligated to accept said donation. In the event that State declines said donation, upon approval by State, Grantor may offer to donate its remaining interest in the Property to an appropriate public entity or non-profit conservation organization acceptable to State. Should Grantor wish to sell the Property with the terms and conditions of this Easement in full effect, Grantor must first offer State an option to purchase the underlying fee of the Property. State's purchase price for said underlying fee shall not exceed the then current fair market value of the Property with this Easement in effect. However, Grantor is not required to offer individual ownerships to State when the Property are owned by several individuals (commonly referred to as proprietary ownerships or stockholders) and individual ownerships are to.be sold, transferred or traded or the number of proprietary owners or stockholders increased or decreased, provided the Property remain undivided. 13. Access. This Easement does not convey a general right of access to the public. 14. Subsequent Conveyance. Grantor agrees that this Easement shall run with the land and further agrees to provide actual notice of the existence of this Easement in any subsequent agreement or conveyance by which he divests himself of either the fee title to or of his possessory interest in the project property. 15. Successors. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall not only be binding upon Grantor but also its agents, personal representatives, heirs and assigns, and all other successors to him in interest and shall continue as a servitude to future owners running in perpetuity with the above-described land. 16. Recordation. State shall record this Easement in the real property records of the county(s) in which the Property are located. 17. Underlying Rights. No exercise of Grantor's underlying mineral rights, existing Dean*' asny -Conservation Easement wetlands-ag draft 4.doc Page 9 easements or rights-of-way shall interfere with the conservation purposes of this Easement. 18. Mitigation. The property shall not be used, in whole or in part, for mitigation. 19. Costs and Liabilities. 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. Grantor agrees that State shall have no duty or responsibility for the operation, upkeep or maintenance of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted or required by this Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. (a) Taxes: No Liens. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish State with satisfactory evidence of payment upon request. Grantor shall keep the Property free from any liens, including those arising out of any obligations incurred by Grantor for any labor or materials furnished or alleged to have been furnished to or for Grantor at or for use on the Property. (b) Hold Harmless. Grantor shall hold harmless, protect and indemnify State and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each an "Indemnified Party" and, collectively, "Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and; collectively, "Claims"), 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 solely to the negligence of State or any of its employees; (2) the obligations specified in Sections 4, 9, and 9.1; and (3) the existence or administration of this Easement. If any action or proceeding. is brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from State, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse State for all charges incurred for services of the Attorney General in defending the action or proceeding. (c) Extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, in whole or, in part, by mutual agreement of the parties hereto or by judicial proceedings in a court of competent jurisdiction. (d) Condemnation. This Easement is a "wildlife conservation easement" acquired by a State agency, the condemnation of which is prohibited except as provided in Fish and Game Code Section 1348.3. 20. Amendments. The terms and conditions herein set forth may be amended at any Dean Kwasny - Conservation Easement wetlands-ag draft 4.doc Page 10 time. by mutual agreement of the undersigned parties. 21. Damage to Adjacent Property. In the event that a property adjacent to the Property is damaged due to water seepage as a result of water management on the Property pursuant to and consistent with this Easement, Grantor shall be solely responsible for taking immediate action to remedy the problem, compensate the affected party(s) if necessary and affect whatever measures may be necessary to prevent future damage while continuing to properly implement the conditions of this Easement. 22. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California, disregarding the conflicts of law principles of such state. (b) Liberal Construction. Despite any general rule of construction to the contrary, this Easement shall be liberally construed to effect the purposes of this Easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Easement, such action shall not affect the remainder of this Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the. Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 16. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) No Hazardous Materials Liability. Grantor represents and warrants that it has no knowledge or notice of any Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Property, or transported to or from or affecting the Property. Without limiting the obligations of Grantor under Section 9.2, Grantor hereby releases and agrees to indemnify, protect and hold harmless the Indemnified Parties (defined in Section 9.2) from and against any and all Claims (defined in Section 9.2) arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, or otherwise associated with the Property at any time, except any Hazardous Materials placed, disposed or released by State, its employees or agents. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure 10 Dean Ke 11 wasny - Conservation Easement wetlands-ag draft 4.doc Pag to comply with, any Environmental Laws (defined below). If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from State, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse State for all charges incurred for services -of the Attorney General in defending the action or proceeding. Despite any contrary provision of this Easement, the.parties do not intend this Easement to be, and this Easement shall not be, construed such that it creates in -or gives to State any of the following: (1) The obligations or liability of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Property; or (5) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property. The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.; hereinafter "RCRA"); the Hazardous Materials Transportation Act (49 U.S.C. Section 6901 et seq.; hereinafter "HTA"); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.; hereinafter "HCL"); the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.; hereinafter "HSA"), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the date of this Easement. . The term "Environmental Laws" includes, without limitation, CERCLA, RCRA, HTA, HCL, HSA, and any other federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor represents, warrants and covenants to State that activities upon and use of the Property by Grantor, its agents, employees, invitees and contractors will comply with all Environmental Laws. (g) Warranty. Grantor represents -and warrants that there are no outstanding mortgages, liens, encumbrances or other interests in'the Property (including, without limitation, mineral interests) which have not been expressly subordinated to this Easement Deed, and that the Property is not subject to any other conservation easement. 11 (bean Kwasny - Conservation Easement wetlands-ag draft 4.doc Page 12 (h) Additional Easements. Grantor shall not grant any additional easements, rights of way or other interests in the Property (other than a security interest that is subordinate to this Easement), or grant or otherwise abandon or relinquish any water agreement relating to the Property, without first obtaining the written consent of State. State may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this Easement or will impair or interfere with the conservation values of the Property. This Section 14(h) shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to this Easement and complies with Section 8. (i) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. The parties to this Easement do hereby agree to the terms and conditions of this Easement as set forth above. Executed on , 200. State of California Department of Fish and Game: Grantor: M Al Wright Executive Director Wildlife Conservation Board EXHIBIT A By NAME - THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF NAME, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: MAP IDENTIFYING ZONES EXHIBIT B 12 fJ ORCHARD AND FIELD CROPS Primary Uses: Cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary Uses: Animal husbandry and intense animal uses, resource extraction and processing, hunting and water -related recreation facilities, dwellings, airports, utilities, environmental preservation activities, public and quasi -public uses, home occupations. Site Designation Criteria: 1. Soil. conditions well suited for plant crop operations. 2. Adequate water supply. 3. Predominate parcel sizes of 5 acres of more. 4. Used for crop production or secondary uses. 5. Adjacent uses compatible with primary and secondary uses. In of Use: Minimum parcel size of 5 acres. One single-family dwelling per parcel with additional housing for on -site -employees. Consistent Zones: A-20 through A-160, RC & PQ. Conditionally Consistent Zones: A-5, A-10, subject to findings of conformance with Conditional Zoning and Development Criteria listed below. Conditional Zoning and Development Criteria: 1. Predominate existing parcel sizes range from 5 to 10 acres. 2. Adjacent to or in the general vicinity of urban boundaries. 3. Present status of agricultural production will not be significantly impaired. Zoning Factors: 1. Existing parcel sizes and dwelling densities. 2. Proximity to urban development. 3. Effects on adjacent uses. 4. Potential for pest insect breeding. 5. Economic viability. 6. Local desires. 24-90 A-5 through A-160 (Agricultural) Zones. The following permitted uses, uses requiring a use permit, and uses requiring an administrative permit shall apply to all zones A-5 through A-160. Uses that are unique to a particular zone and site requirements for each zone will be listed separately. (a) Uses permitted: (1) One (1) single-family dwelling or modular home per parcel. (2) Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code, the growing and harvesting of forestry products, and aquaculture. (3) Mining, quarrying, and commercial excavation which is exempt from a mining permit and reclamation plan pursuant to chapter 13 of the Butte County Code. Oil and gas wells including reinjection wells for natural gas. (4) The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities. (5) Housing facilities (including mobile homes) to accommodate up to twelve (12) agricultural workers and their families employed by the owner or operator of the premises or owners or operators of other agricultural lands pursuant to section 17021.6 of the California Health and Safety Code and subject to state permits. (6) The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations. (b) Accessory uses: (1) Those uses normally associated with a single-family residence use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, shed, garden, private swimming pool, private tennis court, gazebo, spa, etc. (2) A guest house as defined by section 24-305.175. (3) Buildings and uses accessory to the permitted uses, including agricultural processing plants, airstrips used for crop dusting or seeding, barns and other storage or shop buildings, seasonal hunting and fishing camps, including those which accommodate recreational vehicles and travel trailers, providing that said recreational vehicles and travel trailers shall not be used for yearround occupancy, recreational uses not requiring permanent improvements and not interfering materially with agricultural operations, including hunting, fishing, camping, hiking, riding and similar uses, the processing and sale of firewood and wood products grown on site. (c) Uses requiring use permits. The following uses are permitted subject to a use permit: (1) Public or quasipublic uses. (2) Public tasting rooms in conjunction with a winery, provided that such tasting room be considered accessory to the on-site winery. (3) Kennels, feed stores, public or riding stables, and academies. (4) Outdoor commercial recreational facilities on sites not less than five (5) acres. (5) Wood lots and wood processing plants selling and processing wood not grown on site. Mining and commercial excavation requiring a mining permit and reclamation plan pursuant to chapter 13 of the Butte County Code. (6) Private airports or air strips that are not accessory to an agricultural use. (7) The segregation of a homesite pursuant to section 24-285, the segregation of an agricultural processing site pursuant to section 24-290. (d) Uses requiring a minor use permit. The following uses may be permitted pursuant to the requirements of section 24-41: (1) Large family day care facilities subject to the requirements of section 24-265. (2) Bed and breakfast home. 8 (e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40: (1) Home occupations pursuant to section 24-270. (2) Temporary uses as listed in section 24-300. (3) A temporary mobile home subject to the requirements of sections 24-295 and 24-295.1.0. (Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 1, 2-11-97; Ord. No. 3495, § 1, 3-9-99) 24-220 R -C (Resource Conservation) Zone. (a) Uses permitted: (1) Natural, wilderness, and study areas. (2) Preserves for native fish, birds and wildlife. (3) Preservation of water resource areas, including streams, rivers, lakes, swamps, ponds, beaches, riverbanks, lakeshores and watershed areas. ' (4) Agricultural uses, not including permanent dwellings. (5) Keeping, raising and pasturing of livestock, not including feed yards. (6) Establishment of archaeological and historical sites. (7) Recreational uses not requiring permanent improvement, including hunting, fishing, camping, hiking, riding and similar uses. (8) Emergency uses needed for the protection of land and resources from fire, erosion, floods, slides, quakes, insects, diseases and pollution. (b) Uses requiring a use permit: (1) Preserves for nonnative wildlife species. (2) Establishment of rest stops, vista points, and bicycle, pedestrian and equestrian trails, not including commercial sales and services. (3) Exploration and reconstruction of historical and archaeological sites and structures. (4) Permanent improvements needed for the protection of land and resources from fire, erosion, floods, slides, quakes, insects,' diseases and pollution. (5) Stations to monitor air quality, water quality and seismic activities. (6) Mining and quarrying. This permit does not exclude any other permits as required by other regulatory agencies or from review by said agencies. (c) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40:, (1) Temporary uses as listed in section 24-300. (2) Reserved. (d) Lot area required. Minimum lot area shall be ten (10) acres. (e) Front building setback. Minimum front building setback for structures shall be one hundred (100) feet from the center line of the road. ' (f) Sign regulations: (1) Signs or advertising displays shall be limited to one (1) sign per lot advertising the sale or lease of that lot or the services rendered on the lot or the products grown or raised on the lot, and one (1) sign advertising sales or services off the premises. (2) Signs to guide traffic to registered historical landmarks are also permitted if they are installed in accordance with the planning manual of Instructions of the Department of Transportation of the State of California. (3) Signs must be stationary and of a constant color, light and intensity. (4) Signs must not be higher than ten (10) feet above grade and must not be wider than -six (6) feet. (5) All signs must be located behind the front setback line.. (g) Side and rear setbacks. -Minimum side and rear building setbacks shall be ten (10) feet from property lines. (Ord. No. 3176, § 1(Exh. A), 1-24-95) L. 1 � 1� .. Y�.r:- r�, � ��,� MTS, ,�•���,,,. �� �• � T��'�•�+ \ � �' rte'• /1't y1 Z iLs. r =•'1►' I lir a _ � ,`� 1 1�y� 7i �' ,'y' !! � .1 �r - -�, r7�,T2 ��n . �'.�,s J."�'°. `. �.•��y ,�Y, 1. y .�,; fi f..• � } ��. fir. *�, -'2r� . 7 ,. ';''"if �+� j.�,J• i.. .1 Y" -'S'7`4 j• r AAN77 ,,r_.� .;�...-` k-.i� �9'h� � t► t :j��, ,�► „L`_^6' ,. �i � � )��� •� T f ��k•j��, _ ��j•� ,tY;j rC,"w.fr.•� ' �. � ..� ..,•r���ww. 1 f Lr{y'� _ S '�, 1-�r- yam, t - � t +Fy... �� .S! ~ � }l` +•... i�,.fy' f � ' •T ,� iy�� . -Cat r A` 7 •+,. „' - „„ f f -•t K int - . ( ;, If I,— Bate 6 ouiz!y �� LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC WORKS CLAY CASTLEBERRY, Director . 7 COUNTY CENTER DRIVE,.OROVILLE, CALIFORNIA 95965 Telephone% (916) 534-4681 WILLIAM (Bill) CHEFF Deputy Director August 24, 1982 State of California RE: Abandonments - County Roads The Resources Agency Lying Within Boundaries of Department of Fish and Game, Region II Gray Lodge Wildlife Area 1701 Nimbus Road, Suite "A' (Farris Road and Rutherford Rancho Cordova.' CA 956.70. Road) Attention: Paul Jensen, Regional Manager, Gentlemen: Pursuant to your letter of July 27, 1982, concerning the above -noted abandonments, please complete the following on the attached petitions for abandonment: 1. Get'signatures and addresses of adjoining property owners who may have an interest in said public roadways, plus other property owners in the area, totaling ten or more. 2.. Date petitiono We need letters from all utility companies stating they no longer need said easement. Submit a check to.this office in:the sum of Fifty Dollars ($50.00) made out to the - Butte County Treasurer. .If we can be.of further assistance, please notify this office. Very truly yours, Clay Castleberry . Director of Public Works Original signed Dy William Cheff William Cheff WC:dd Deputy Director. Encls. cc: Mapping/wo enc14 ' BuildingDepart ment/wo erichso "5-