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Home My WebLink AboutHMP 05-06; CASSIA PROFESSIONAL OFFICES; Habitat Management Permit (HMP)City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111111111111111111111111111111111111111111111111111111111111111 Applicant: FRANZ~YUT EL CAMINO LLC Description HMP05006 Receipt Number: R0055117 Transaction Date: 01/24/2006 Pay Type Method Description Amount 9,081.69 Transaction ID: R0055117 Amount Payment Check 1048 9,081.69 Transaction Amount: 9,081.69 .. -·,• 16817 Cassia Professional Offices F. The USFWS has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, I 6 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other applicable federal laws. G. Grantor is the developer of a project known as the Cassia Professional Offices located in the City of Carlsbad, County of San Diego, State of California, which is planned to include a 1.64-acre professional office project (the "Project"). The Project is the subject of a Mitigated Negative Declaration and Tentative Tract Map (CT 05-06). This Conservation Easement provides mitigation for certain impacts of the Project, pursuant to requirements of Condition No. 7 of Planning Commission Resolution Number 5981 for the approval of the· Habitat Management Plan Permit for the Project. This Conservation Easement is intended and shall be deemed to satisfy such requirement as· to the Property. This Conservation Easement is also intended to provide the preservation of .21 acres of Coastal Sage Scrub and 1.15 acres of Southern Maritime Chaparral pursuant to Habitat Management Plan Permit, file number HMPP 05-06, issued by the City of Carlsbad, on December 13, 2005. I. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein to preserve and protect in perpetuity the conservation values of the Property in accordance with the terms of this Conservation Easement. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, including Civil Code Section 815, et seq., Gran tor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property. 1. Purpose. The purpose of this Conservation Easement is to ensure the Property will be retained forever in a natural condition and to prevent any use. of the Property that will impair or interfere with the conservation values of the Property. Grantor-intends that this Conservation Easement will confine the use of the Property to such activities, including, without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses by Granter, Grantor's agents, and third parties, are expressly prohibited: (a) Except as permitted pursuant to Section 5 of this Conservation Easement, unseasonal watering, use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals, weed abatement activities, or incompatible fire protection activities;· and any and all other activities and uses which may adversely affect the purposes of this Conservation Easement; 2 06/07/2006 -16819 Cassia Professional Offices (b) To enter upon the Property at reasonable times in orde~ to monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement, and for scientific research and interpretive purposes by Grantee or its designees, USFWS and CDFG or their designees, provided that neither Grantee, USFWS or CDFG shall unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Property; (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Conservation Easement; (d) All mineral,'air and water rights necessary to protect and to sustain the biological resources of the Property; and (e) All present and future development rights. (f) The right to enforce by means, including, without limitation, injunctive relief, the tenns and conditions of this Conservation Easement. 4. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Conservation Easement, and the rights of Granter to comply with all the provisions of that certain Agreement for Management and Transfer of Real Property approved and executed concurrently herewith by Grantor and Grantee and (ii) to develop, maintain, fence, install interpretive signs aJong, and allow recreational pedestrian and bicycle uses of the trails for the benefit of Grantee that are required by the Conditions of Approval, City of Carlsbad, Habitat Management Plan Pennit HMPP 05-06, Planning Commission Resolution Number 5981 dated November 2, 2005 (as more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference). • 5. Grantor's Duties. To accomplish the Purpose of this Conservation Easement as described in Section l, Grantor, its successors or assigns shall: (a) Preserve and retain the Property in its Natural Condition and conserve, manage and preserve in perpetuity its Conservation Values; and • (b) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or hann the Conservation Values of the Property. In addition, Grantor shall undertake all necessary actions to. perfect Grantee's rights under Section 2 of this Conservation Easement, including but not limited to Grantee's water rights; and ( c) Grantor shall install and maintain a fence reasonably satisfactory to Grantee, USFWS and CDFG around the Conservation Easement area to protect the conservation values of the Property, including but not limited to wildlife corridors. 4 06/07/2006 -16827 Cassia Professional Offices 17. 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 Conservation Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property, without first obtaining the written consent of Grantee, USFWS and CDFG. Grantee, USFWS or CDFG may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this Conservation Easement or will impair or interfere with the conservation.values of the Property. This Section 17 shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement Deed and complies with Section 11. 18. Amendment. This Conservation Easement may be amended by Grantor and Grantee only by mutual written agreement and subject to the written approval of USFWS and CDFG. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. 19. Controlling Law. The interpretation and perfonnance of this Conservation Easement shall be governed by the laws of the State of California, disregarding the conflicts of law principles of such state. 20. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 21. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings; or agreements relating to the .Conservation Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section· l 8. 22. Counterparts. The parties may execute this instrument in any number of counterparts, which shall, in the aggregate, be signed by all of the parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between 'the counterparts produced, the recorded counterpart shall be controlling. 12 06/07/2006