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2014/12/11 Easement Conservation Easement - Zeiders Rd Business Park
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Menifee 29714 Haun Road Menifee, CA 92586 Record without fee subject to Govt. Code §27383 No Documentary Transfer Tax per Revenue and Taxation Code §11922 DOC # 2014-0473190 12/11/2014 10:18A Fee:NC Page Y of 92 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder I III IIIII �� III III IIIII IIII � �� 6C12 sci`l - S R U I PAGE I SIZE DA MISC LONG RFD I COPY M A L 1 465 1 426 1 PCOR NCOR SMF CHG y �� w T: CTY UNI CONSERVATION EASEMENT This CONSERVATION EASEMENT ("Conservation Easement") is made this 8th day of December, 2014 by Zeiders Road Business Park, Inc., a California corporation ("Grantor"), in favor of the City of Menifee ("Grantee"). RECITALS A. Grantor is the sole owner in fee simple of real property containing 36.07 acres, located in the City of Menifee, County of Riverside, State of California, designated Assessor's Parcel Numbers 384-150-008, 384-150-009 and 384-150-010 (the "Property"). The Property is legally described on Exhibit "A" attached hereto and incorporated by this reference. Grantor intends to grant a conservation easement over a 1.97-acre portion of the Property (the "Easement Area"). The Easement Area is legally described and depicted on Exhibit "B" attached hereto and incorporated by this reference. B. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3. Specifically, Grantee is a governmental entity identified in Civil Code Section 815.3(b) and otherwise authorized to acquire and hold title to real property. C. The Easement Area provides, among other things, compensatory mitigation (0.38-acre linear mitigation Swale, 0.37-acre enhancement area, 0.99-acre avoidance area, 0.23-acre over -excavation area) for unavoidable impacts associated with the Commerce Pointe Industrial Park Project by PacTen Partners, LLC ("Permittee") pursuant to requirements of the following state and Federal approvals (collectively, "Agency Approvals"): (1) the United States Army Corps of Engineers' ("ACOE") Section 404 Nationwide Permit Verification No. 2012-00052-JPL and any amendments thereto (the "Section 404 Permit"); (2) the California Regional i Water Quality Control Board - Santa Ana Region's ("RWQCB") Section 401 Certification No. 33-2008-33 and any amendments thereto (the "401 Certification"); and (3) the California Department of Fish and Wildlife's ("CDFW") Streambed Alteration ` Agreement Notification No. 1600-2008-0171-R6 and any amendments thereto (the SAX D. Permittee has agreed to enter into this Conservation Easement for the purpose of undertaking certain obligations identified herein. E. This Conservation Easement is designed to satisfy and is granted in satisfaction of the Section 404 Permit and 401 Certification. F. Consistent with the terms and conditions of this Conservation Easement, the Easement Area is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). The Conservation Values are of importance to the people of the County of Riverside and the people of the State of California and United States, G. The ACOE is the Federal agency charged with regulatory authority over discharges of dredged and fill material in waters of the United States pursuant to Section 404 of the Clean Water Act, and is a third party beneficiary of this Conservation Easement. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and State of California, including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee and its successors or assigns, as appropriate, a Conservation Easement in perpetuity over the Easement Area of the nature and character and to the extent hereinafter set forth. This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Easement Area or any portion of it. 1. Purpose. (a) The purpose of this Conservation Easement is to (i) ensure the Easement Area will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and (ii) prevent any use of the Easement Area that will impair or interfere with the Conservation Values of the Easement Area (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Easement Area to 2 II II II II III III II I I II Zit �F41241{2R such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Easement Area, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Easement Area that occur directly as a result of the following activities: (1) Compensatory mitigation measures, including implementation, maintenance, and monitoring activities (collectively, "Compensatory Mitigation") required by the Agency Approvals and as described in the Final Habitat Mitigation and Monitoring Plan dated March 20, 2014 ("Mitigation Plan"), the cover page of which is attached as Exhibit "C;" (2) In -perpetuity maintenance ("Long -Term Maintenance") as described in Section 18 herein; or (3) Activities described in Sections 5-8 herein. (c) To the best of the Grantor's knowledge, Grantor represents and warrants that there are no structures or improvements existing on the Easement Area at the time this grant is executed. Grantor further represents and warrants that there are no other previously granted easements existing on the Easement Area that interfere or conflict with the Purpose of this Conservation Easement as evidenced by the Title Report attached at Exhibit "D." The present Natural Condition of the Easement Area is evidenced in part by the depictions attached at Exhibit "E," showing Compensatory Mitigation areas, Exhibit "F-1," showing the major, distinct natural features, such as waters of the United States, and Exhibit "F-2," showing all relevant and plottable property lines, easements, dedications, and boundaries. Grantor has delivered further evidence of the present Natural Condition to Grantee, Permittee, and ACOE consisting of (1) a color aerial photograph of the Easement Area at an appropriate scale taken January 8, 2013; (2) an overlay of the Easement Area boundaries on such aerial photograph; and (3) on -site color photographs showing all man-made improvements or structures (if any) and the major, distinct natural features of the Easement Area. (d) If a controversy arises with respect to the present Natural Condition of the Easement Area, Grantor, Grantee, Permittee, or ACOE or any designees or agents of Grantor, Grantee, Permittee, and ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. II II II3 RII II I I II I I! I I I RII II II II 1..�,L�1''el �,10a 18A (e) The term "Biological Monitor" shall mean an independent third - party consultant with knowledge of aquatic resources in the Riverside County area and expertise in the field of biology or related field. 2. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee. These rights, without obligation, are also granted to the ACOE or its designees as third party beneficiaries of this Conservation Easement: Area; and (a) To preserve and protect the Conservation Values of the Easement (b) To enter upon the Easement Area and Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement; and (c) To prevent any activity on or use of the Easement Area that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; and (d) To require that all mineral, air, and water rights (if any) as Grantee deems necessary to preserve, protect and sustain the biological resources and Conservation Values of the Easement Area shall remain a part of and be put to beneficial use upon the Easement Area, consistent with the Purposes of this Conservation Easement. Grantor shall not transfer, encumber, sell, lease, or otherwise separate the mineral, air or water rights for the Easement Area, or change the place or purpose or use of the known water rights, without first obtaining the written consent of Grantee, which Grantee, in its sole discretion, may withhold. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of Grantor's right, title or interest in and to any known: water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Easement Area including without limitation: (i) riparian water rights; (ii) appropriative water rights; (iii) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Easement Area; or (iv) any water from wells that are in existence or may be constructed in the future on the Easement Area; and 4 IIIIII illill! IIII IIIII I�I Illill IIII!!I III [llll IIII INidllt t, a0 f7.10 18FI (e) All present and future development rights allocated, implied, reserved or inherent in the Easement Area are hereby terminated and extinguished and such present and future development rights may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (f) The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Permittee's Rights. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantor hereby grants to the Permittee the following rights: (a) The right to enter the Property and Easement Area to conduct the activities required under the Agency Approvals and any amendments thereto, and the Mitigation Plan to implement the Compensatory Mitigation requirements, including but not limited to the following activities: (i) remove trash and debris; (ii) excavate and regrade the surface as appropriate for detention and flow of water for establishing, enhancing and restoring aquatic resources; (iii) eradicate weeds and non-native plants; (iv) install and maintain irrigation system; (v) prepare the site for native seeding and planting, including amending soils; (vi) install native seeds and container plants; (vii) maintain, restore and monitor the mitigation areas; and (b) Upon issuance of final approval from the ACOE, CDFW, and RWQCB of the success of Permittee's construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan, Permittee's right to enter the Property and Easement Area pursuant to Section 3(a), above, shall cease. 4. Prohibited Uses. Any activity on or use of the Easement Area inconsistent with the Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, Permittee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Easement Area except as otherwise provided herein or unless specifically provided for in the Agency Approvals, the Mitigation Plan, and any easements and reservations of rights recorded in the chain of title to the Easement Area at the time of this conveyance (as set forth on Exhibits E and F hereto): (a) Unseasonable or supplemental watering except for habitat enhancement activities described in Section 8(b) or the Mitigation Plan; (b) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species as allowed in Section 8(c); I I J 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII iG2012014t0!1BA (c) Incompatible fire protection activities except emergency fire suppression set forth in Section 8; (d) Use of off -road vehicles and use of any other motorized vehicles except on existing roadways; (e) Grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or partitioning of the Easement Area; (i) Construction, reconstruction or placement of any building, road, wireless communication cell towers, or any other structure or improvement, except as provided for in Section 8, or any billboard, fence, Access Gates, or sign except those signs specifically allowed under Section 7(f) and fence and Access Gates under Section 7(e); (j) Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other material; (k) Planting, gardening, or introduction or dispersal of non-native plant or animal species; (1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Easement Area; (m) Altering the general topography of the Easement Area, including but not limited to building of roads, trails, and flood control work; except as permitted by the Agency Approvals, or as necessary to implement the Mitigation Plan, or any right reserved in Section 8, or Section 18; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except for (i) emergency fire breaks as required by fire safety officials as set forth in Section 8(e), (ii) prevention or treatment of disease, (iii) control of invasive species which threaten the integrity of the habitat, (iv) completing the Mitigation Plan, or (v) activities described in Sections 5-8 or Section 18; provided that activities under numbers (ii), (iii), and (v) in this subparagraph may occur only after prior consultation with Grantee. In the event that activity on the Easement Area is necessary to prevent or treat disease as listed in item (iii) herein, the first priority for action shall be chemical 6 I IIIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIIII IlIIIIIII IN 12.1r1,Z©£ 10 18A and biological methods. No invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or biological methods have failed to resolve the problem and the County of Riverside Department of Environmental Health, or other agency with authority, determines that no other methods will address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if chemical or biological methods have failed to resolve the problem or upon a showing that removal of vegetation is required on an emergency basis; (o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Easement Area, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub- surface waters or altering the design hydrology for the linear mitigation swale identified on Exhibit "E;" (p) Creating, enhancing, and maintaining fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression) or other activities that could constitute fuel modification zones; (q) Without the prior written consent of Grantee, which Grantee may withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral rights or water rights for the Easement Area; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Easement Area; (r) Creation of any encumbrance superior to this Conservation Easement, other than those encumbrances set forth in Exhibit "F-2" hereto, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the Easement Area which will affect the Conservation Values of the Easement Area; and (s) Any and all other activities and uses which may adversely affect the Purpose of this Conservation Easement. No use shall be made of the Easement Area, and no activity thereon shall be permitted that is or is likely to become inconsistent with the Purpose of this Conservation Easement. Grantor and Grantee acknowledge that, in view of the perpetual nature of this Conservation Easement, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Conservation Easement. Grantee, in consultation with ACOE, may determine whether (a) proposed uses or proposed improvements not contemplated by or addressed in this Conservation Easement or (b) alterations in existing uses or structures, are consistent with the Purpose of this Conservation Easement. I 7 1 IIIII I IIIIII II I II I IIII I IIII II IIIII 111 III 11 /2014 I CA : 18R 5. Grantor's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantor, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Easement Area. In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under Section 2 of this Conservation Easement; (b) Cooperate with Grantee, its successors or assigns in the protection of the Conservation Values; (c) Pursuant to Section 18(d), below, repair and restore damage to the Easement Area directly or indirectly, caused by Grantor, Grantor's guests, representatives, employees or agents, and third parties within Grantor's control; provided, however, Grantor, its successors or assigns shall not engage in any repair or restoration work in the Easement Area without first consulting with the Grantee or its successor or assigns and ACOE; and (d) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation 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 or requirements. 6. Grantee's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantee shall: (a) Perform at least quarterly compliance inspections of the Easement Area, prepare an annual inspection report that documents the quarterly inspection results that substantially follows the form attached in Exhibit "G" hereto, and shall make reports available to ACOE upon request; (b) Upon receipt of Final Approval, perform the Long -Term Maintenance of the Easement Area as described in Section 18; (c) Pursuant to the requirements of Section 18(e), below, repair and restore damage to the Easement Area directly or indirectly caused by Grantee, Grantee's guests, representatives, employees or agents, and third parties within Grantee's control provided, however, Grantee, its successors or assigns shall not engage in any repair or restoration work on the Easement Area without first consulting with Grantor and ACOE; (d) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation 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 or requirements; (e) Set aside, hold, invest and disburse adequate Special Assessment District funds (described in Section 19) solely for the purposes of preserving the 8 II IIIII I II II III I III III 1111II 1 lr1t fao 4 11 ilon Conservation Values of the Easement Area under this Conservation Easement in perpetuity; and (f) The Parties explicitly agree that any mitigation for activities of Permittee not covered by this Conservation Easement, and any other mitigation set forth in the Agency Approvals, the Mitigation Plan for the Easement Area approved by the ACOE, CDFW and RWQCB, and/or any other regulatory permits, remains solely and entirely Permittee's responsibility. The Parties further agree that Grantee shall not be liable, in law or equity, if the Compensatory Mitigation agreed to under this Conservation Easement is determined in any way, by any person or agency, to be insufficient for mitigation or regulatory compliance purposes under applicable statutes, laws and regulations. If any regulatory agency, including but not limited to the ACOE, later determines that the mitigation as set forth in the Agency Approvals is insufficient, Permittee shall be entirely responsible for satisfying any and all further obligations that may be imposed upon such determination. No responsibility or liability for the Compensatory Mitigation shall accrue to Grantee. 7. Permittee's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Permittee shall: (a) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until issuance of final approval from the ACOE, CDFW, and RWQCB confirming that Permittee has successfully completed construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan ("Final Approval"); Values, (b) Cooperate with Grantee in the protection of the Conservation (c) Pursuant to the requirements of Section 18(f), below, repair and restore damage to the Easement Area directly caused by Permittee, Permitee's guests, representatives, employees or agents, and third parties under the control of Permitee; provided, however, Permittee, its successors or assigns shall not engage in any repair or restoration work on the Easement Area without first consulting with Grantee and ACOE; (d) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation 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 or requirements; (e) Within 120 days of recordation of this Conservation Easement, install a wrought iron type fence with maximum six inch spacing, extending to within one to two inches of the ground, reasonably satisfactory to Grantee and ALOE, around the perimeter of the Easement Area, and pedestrian access gates to the Easement Area at the access points approved by Grantee ("Access Gates"). Said fence may also be placed at the top of slope above the Easement Area to avoid impacts to the fence from flood events but must include the entire 1.97-acre Easement Area; 9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r,1En41001H (f) Within 90 days of recordation of this Conservation Easement, erect signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions. Prior to erection of such signage, Grantee shall submit detailed plans showing the location and language of such signs to ACOE for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements; and (g) Upon receipt of the Final Approval, Permitee's duties under this Conservation Easement shall cease and Permittee shall have no further obligations whatsoever with respect to the Easement Area. 8. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area, including the right to engage in or to permit or invite others to engage in all uses of the Easement Area that are not expressly prohibited or limited by, and are consistent with, the Purpose of this Conservation Easement, including the following uses: (a) Access. Reasonable access through the Easement Area and Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Conservation Easement, including but not limited to access for maintenance of adjacent storm drain and landscape features, provided a Biological Monitor is present during each maintenance activity in order to minimize disturbance to the Easement Area and Grantor, its successors or assigns promptly takes all reasonable and necessary actions required to restore the Easement Area to the condition if was in immediately prior to each maintenance activity in accordance with a plan approved pursuant to Section 8(b). The Grantor's, and its successors and assigns' rights to the Easement Area will be limited to a right of possession, and a right of quiet enjoyment that does not include any physical use or access to the Easement Area except as expressly provided for herein, notwithstanding the ownership of the underlying parcel, fee title, or any other property interest. Access by the public, including the adjacent tenants, is in direct conflict with the Purpose of this Conservation Easement and thus shall not be permitted. (b) Habitat Enhancement Activities. Creation and enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Easement Area, so long as such activities do not harm the habitat types identified in the Agency Approvals or Mitigation Plan. For purposes of preventing erosion and reestablishing native vegetation, the Grantor shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 8, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Easement Area. Prior to any habitat enhancement activities, Grantor shall have a Biological Monitor submit detailed plans to ALOE for review and 10I I I IIIIII IIIIIII IIII IIIII III IIIIII IIIIIII III IIIIII III IIII 12 1 I/LF1114 I0 len approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements. (c) Vegetation. Debris and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man- made debris, removal of parasitic vegetation (as it relates to the health of the host plant), and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (d) No Interference with Development of Adioining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Property not constituting the Easement Area and/or (2) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1) and (2) neither such activity nor any effect resulting from such activity amounts to a use of the Easement Area, or has an impact upon the Easement Area, that is prohibited by Section 4 above. (e) Fire Protection. The right, in the case of imminent threat from fire, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire) and trim or remove brush as required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Easement Area. 9. Enforcement. (a) Right to Enforce. Grantor, its successors and assigns, grant to the ACOE and the U.S. Department of Justice a discretionary right to enforce this Conservation Easement in a judicial or administrative action against any person(s) or other entity(ies). violating or attempting to violate this Conservation Easement; provided, however, that no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The ACOE and the U.S. Department of Justice shall have the same rights, remedies and limitations as a non -violating Party under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against Permittee under the Section 404 Permit or any rights of the various documents created thereunder or referred to therein. The term "Party" means Grantor, Grantee, Permittee, as the case may be. Grantor, Grantee, Permittee and any third party beneficiaries, when implementing any remedies under this easement, shall provide timely written notice to each other of any actions taken under 11 I� I� IR'l1 11014 1991?A this section, including, but not limited to copies of all notices of violation and related correspondence. (b) Notice of Violation. In the event that a Party or its employees, agents, contractors or invitees is in violation of the terms of this Conservation Easement or that a violation is threatened, the non -violating Party and/or third party beneficiaries may demand the cure of such violation. In such a case, the non -violating Party and/or third party beneficiaries shall issue a written notice to the violating Party (hereinafter "Notice of Violation") informing the violating Party of the actual or threatened violations and demanding cure of such violations. The Notice of Violation shall be sent to the other Party and third party beneficiaries listed under Section 16 of this Conservation Easement. (c) Time to Cure. The violating Party shall cure the noticed violation within thirty (30) days of receipt of said written Notice of Violation. If said cure reasonably requires more than thirty (30) days, the violating Party shall, within the thirty (30) day period, submit to the non -violating Party and/or third party beneficiaries, as the case may be, for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. If the violating Party disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the appropriate Party and/or third party beneficiary within thirty (30) days of receipt of written Notice of Violation. (d) Failure to Cure. If the violating Party fails to cure the violation within the time period(s) described in Section 9(c), above, or Section 9(e)(2), below, the non -violating Party and/or third party beneficiaries may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the violating Party with the terms of this Conservation Easement. In such action, the non -violating Party and/or third party beneficiaries may: (1) Recover any damages to which they may be entitled for violation by the violating Party of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Area. The non -violating Party shall first apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. Prior to implementation of any remedial or restorative actions pursuant to this paragraph, the Permitting Agencies shall be consulted. (2) Enjoin the violation by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. (3) Obtain other equitable relief, including, but not limited to, the restoration of the Easement Area to the condition in which it existed prior to any such violation or injury. This remedy is expressly available notwithstanding the ability to claim damages as provided for in subdivision (1). 12 IIIIIII II III III III IIII II 122�'IF f19r�E<� (e) Notice of Dispute. (1) If the violating Party provides the non -violating Party and/or third party beneficiaries with a Notice of Dispute, as provided herein, the non -violating Party and/or third party beneficiaries shall meet and confer with the violating Party at a mutually agreeable place and time, not to exceed thirty (30) days from the date that the non -violating Party and/or third party beneficiaries receive the Notice of Dispute. The non -violating Party and/or third party beneficiaries shall consider all relevant information concerning the disputed violation provided by the violating Party and shall determine whether a violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure issued by the non -violating Party and/or third party beneficiaries is appropriate in light of the violation. (2) If, after reviewing the violating Party's Notice of Dispute, conferring with the violating Party, and considering all relevant information related to the violation, the non -violating Party and/or third party beneficiaries determine that a violation has occurred, the non -violating Party and/or third party beneficiaries shall give the violating party notice of such determination in writing. Upon receipt of such determination, the violating Party shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, the violating Party shall, within the fifteen (15) day period, submit to the non -violating Party and/or third party beneficiaries for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. (f) Conflicting Notices of Violation. (1) If any Party receives a Notice of Violation that is in material conflict with one or more prior written Notices of Violation that have not yet been cured by the Party (hereinafter "Active Notice(s) of Violation") such that the conflict makes it impossible for the Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give written notice (hereinafter "Notice of Conflict") to the non -violating Party and/or third party beneficiaries issuing the later, conflicting Notice(s) of Violation. The Party shall issue said Notice of Conflict to the appropriate non - violating Party and/or third party beneficiaries within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all Active Notices of Violation impossible. (2) Upon issuing a valid Notice of Conflict to the appropriate non -violating Party and/or third party beneficiaries, as described above, the violating Party shall not be required to carry out the cure described in the conflicting Notice or Notices of Violation until such time as the non -violating Party responsible for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of Violation, the violating Party shall carry out the cure recommended in such notice within 13 II II I I II III I I III II I III 12. 11,a`Fd1431n911£FI the time period(s) described in Section 9(c) above. Notwithstanding Section 9(g),_ failure to cure within said time period(s) shall entitle the non -violating Party to the remedies described in Section 9(d) and Section 9(h). (3) The failure of the violating Party to issue a valid Notice of Conflict within fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of the violating Party's ability to claim a conflict. (g) Immediate Action. In the event that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Easement Area, the Party and/or third party beneficiary seeking enforcement pursuant to Section 9(b) above may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Conservation Easement and state and federal law after giving the violating Party at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty-four (24) hours' notice is given, the non -violating Party may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Section 9(c). The written notice pursuant to this paragraph may be transmitted to the violating Party by facsimile and shall be copied to the other Party and/or third party beneficiaries listed in Section 16 of this Conservation Easement. The rights of the non -violating Party and/or third party beneficiaries under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. The violating Party agrees that the remedies at law for any violation of the terms of this Conservation Easement are inadequate and that the non -violating Party and third party beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(g) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. (h) Costs of Enforcement. Any costs incurred by a Party in enforcing the terms of this Conservation Easement against another Party, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by a Party's violation or negligence under the terms of this Conservation Easement shall be borne by the violating Party. (i) Enforcement Discretion. Enforcement of the terms of this Conservation Easement by a Party and/or third party beneficiary shall be at the discretion of the Party and/or third party beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non - violating Party and third party beneficiary of such terms or of any subsequent breach of 14 the same or any other term of this Conservation Easement or of any of the rights of the non -violating Party and third party beneficiary under this Conservation Easement. No delay or omission by the non -violating Party and/or third party beneficiaries in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Easement creates a non -discretionary duty upon the non -violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non -violating Party and/or third party beneficiaries by any third parties. (j) Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee, its successors or assigns to bring any action against Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantor's control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes; provided that once the emergency has abated, Grantor, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantee, Permittee, ACOE, or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Grantor's control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. (k) Acts Beyond Grantee's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor, its successors or assigns to bring any action against Grantee, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantee's control, including without limitation, fire not caused by Grantee, flood, storm, and earth movement; 15 I IIII II III IIII IIIII II III lIIII IIIIII III III l�l0t 15 of F�A8H 9 (2) Any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, Grantee, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantor, Permittee, ACOE or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Grantee's control. Notwithstanding the foregoing, Grantee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. (1) Acts Beyond Permittee's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor or Grantee to bring any action against Permittee, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Permittee's control, including without limitation, fire not caused by Permittee, flood, storm, and earth movement; (2) Any prudent action taken by Permittee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, Permittee shall promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantor, Grantee, ACOE or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Permittee's control. Notwithstanding the foregoing, Permiitee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 10. Access. This Conservation Easement does not convey a general right of 16 1111111111111111111111111111111111111111111111111111111 �` 2014£ '�PN access to the public or a general right of access to the Easement Area. 11, Costs and Liabilities. (a) Grantor, its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance (except Long -Term Maintenance pursuant to Section 18) of the Property. Grantor agrees Grantee and ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance (except Long -Term Maintenance pursuant to Section 18) 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, Grantee, and their respective successors and assigns, are responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation 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. (b) Hold Harmless. (1) Grantor, its successors and assigns shall hold harmless, protect, defend and indemnify ACOE and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("ACOE Indemnified Party" and collectively, "ACOE 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 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 Easement Area, regardless of cause unless caused by the negligence or willful misconduct of any of the ACOE Indemnified Parties. (2) Grantor, and its successors and assigns shall hold harmless, protect, defend and indemnify Grantee and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("Grantee Indemnified Party" and collectively "Grantee Indemnified Parties") from and against any and all Claims which are in contravention of this Conservation Easement, arising from or in any way connected with: 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 Easement Area regardless of cause unless caused by the negligence or willful misconduct of any of the Grantee Indemnified Parties. 12. Taxes, No Liens. Grantor and its successors and assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description 17 I�IIII lill�ll IIII I III I�� III�I! Ililll III II lII IIIIN iv 14L0 4F in I-F1 levied on or assessed against the Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and ACOE with satisfactory evidence of payment, if assessed, upon request. Grantor, Grantee, and their successors and assigns shall keep the Easement Area free from any liens. Should either Grantor's work or Grantee's work in or upon the Easement Area result in a lien on the Easement Area Grantor or Grantee, as the case may be, shall take all steps required to have said lien removed from the Easement Area. 13. Condemnation. If the Easement Area is taken, in whole or in part, by exercise of the power of eminent domain, Grantor and Grantee shall be entitled to compensation in accordance with applicable law. Nevertheless, pursuant to California Government Code section 65966(j), if all or any part of the Easement Area is taken by exercise of the power of eminent domain, Grantor shall use the net proceeds from the condemnation of the Easement Area for the purchase and maintenance of property that replaces the natural resource characteristics the original mitigation was intended to protect, or as near as reasonably feasible. The location of the replacement property is subject to approval by the ACOE. To the extent permitted by applicable law, Grantee shall transfer any unused special assessment or special tax funds collected under Section 19(b) below so that such funds may be available for the long-term stewardship of the replacement property. Grantor intends that the current Grantee will continue to manage the replacement property, unless the Grantor determines at the time the Easement Area is replaced that a new Grantee would be more appropriate under the circumstances, subject to approval by the ACOE. 14. Subsequent Transfers. (a) By Grantee. (1) This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and delegate obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and Government Code Section 65965- 65968 (or any successor provision(s) then applicable) and only with the prior written approval of Grantor and ACOE; and (2) Grantee shall record the assignment in the County of Riverside; and (3) Unless otherwise agreed by Grantor, Grantee and ACOE, along with such transfer of this Conservation Easement, Grantee shall transfer any prior collected taxes or special assessment district funds collected for the management, maintenance and monitoring of this Conservation Easement, after deducting I :. IIIIII IIIIIII IIII IIIII III IIIIII IIIIIII IHIM II III 1211r11 �'M4 HI 118A II reasonable costs of transfer and the cost of satisfying all outstanding contracts and obligations. (b) By Grantor. (1) The covenants, conditions, and restrictions contained in this Conservation Easement are intended to and shall run with the land and bind all future owners of any interest in the Easement Area. Grantor, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Conservation Easement in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Easement Area, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Conservation Easement. Grantor, its successor and assign agrees to give written notice to Grantee and ACOE of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. The failure of Grantor, its successor or assign to perform any act provided in this Section 14 shall not impair the validity of this Conservation Easement or limit its enforceability in any way, and Grantor, its successors or assigns assume any liability relating to transfer(s) or assignment(s) to bona fide purchasers without notice of the existence or terms of this Conservation Easement. (2) From and after the date of any transfer of all or any portion of the Easement Area by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for any obligations pursuant to Section 22(g), and (iv) all references to Grantor in this Conservation Easement shall thereafter be deemed to refer to such transferee. 15. Additional Interests. Grantor, its successors and assigns shall not grant additional easements or other interests in the surface or subsurface of the Easement Area (other than a security interest that is subordinate to this Conservation Easement) without the prior written authorization of Grantee and ACOE. It shall be reasonable for Grantee and ACOE to withhold consent for the grant of additional easements or other interest in the Easement Area that are in direct or potential conflict with the Agency Approvals and the preservation of the Purpose and the Natural Condition of the Easement Area as defined in Section 1 of this Conservation Easement or will impair or otherwise interfere with the Conservation Values of the Easement Area. Grantor or its successors and assigns shall record any additional easements or other interests in the Easement Area approved by Grantee and ACOE, in the official records of Riverside County, California and shall provide a copy of the recorded document to Grantee and ACOE. 16. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by 19 II II I I II I II LI III II I I II IE, 11.`2Fll4f1 Fdz18A facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified 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: To Grantor: Zeiders Road Business Park, Inc. c/o Peter G. Aylward Strategic Property Advisers, Inc. 3250 Vista Diego Road Jamul, CA 91935-2014 To Grantee: City of Menifee 29714 Haun Road Menifee, CA 92586 FAX: 951-679-3843 To Permittee: PacTen Partners, LLC C/o Dennis M. Fitzpatrick, Managing Partner 1689 Comstock Avenue Los Angeles, CA 90024 With a copy to: District Counsel U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Room 1535 Los Angeles, CA 90017-3401 FAX: 213-452-4217 If the Conservation Easement is assigned, the assignment document shall update the Notices provisions. When the underlying fee for the Easement Area is conveyed, the successor shall record a document entitled Conservation Easement/Change of Notices Provisions. 17. Amendment, Grantor, Grantee, and Permittee (while Permittee is a Party to the Conservation Easement) may amend this Conservation Easement only by mutual written agreement and with the written consent of ACOE. Any such amendment shall be consistent with the Purpose of this Conservation Easement and shall not affect its perpetual duration. Grantor shall record any amendments to this Conservation Easement approved by the Grantee and ACOE in the official records of Riverside County, California and shall provide a copy of the recorded document to the Grantee and ACOE. 20 1111111111111111111111111111111111111111111111111111111 1 20i20a,e i180 18. _ Long -Term Maintenance. (a) Grantee's Responsibilities for Maintenance and Management. Grantee, its successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and management of the Easement Area. Such long-term maintenance and management shall consist of the following activities: (i) annual removal of trash or man-made debris, (ii) annual maintenance of signage and other notification features installed pursuant to Section 7(f), (iii) maintenance, repair, replacement, as needed, of the fence and Access Gates installed pursuant to Section 7(e), (iv) annual inspections of the Easement Area, (v) control of tenacious invasive species including tree tobacco, giant reed, pampas grass, fountain grass and gum tree if unsuccessfully eliminated during implementation of the Mitigation Plan, and (vi) routine maintenance of the linear mitigation swale to remove obstructions. (b) Restoration Responsibilities. Grantor, Grantee, Permittee, and their successors and assigns shall each individually be obligated to repair, remediate, or restore the Easement Area damaged by any activities prohibited by Section 4 herein for which it is responsible. (c) Annual Reporting. Grantee, its successors and assigns shall prepare an annual monitoring and maintenance report documenting activities performed under Section 18(a) above, and shall make such report available to either the Grantor or ACOE upon request. (d) Grantor Restoration. When activities are performed pursuant to Section 18(b) for which Grantor is responsible, Grantee, its successors and assigns, shall retain, at Grantor's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have its Biological Monitor submit a draft Restoration Plan to Grantor and ACOE for review and for ACOE's written approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to Grantor and ACOE within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. Grantor shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice. (e) Grantee Restoration. When activities are performed pursuant to Section 18(b) for which Grantee is responsible, Grantee shall retain, at Grantee's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have a Biological Monitor 21 111111111 II 12f 01 114f1 9jl R submit a draft Restoration Plan to ACOE for review and written approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to ACOE within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. (f) Permittee Restoration. When activities are performed pursuant to a Section 18(b) for which Permittee is responsible, Grantee, its successors and assigns, shall retain, at Permittee's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have its Biological Monitor submit a draft Restoration Plan to Permittee, Grantor, and ACOE for review and for ACOE written approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to Grantor and ACOE within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. Permittee shall be responsible for compensating and/or reimbursing the Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice. 19. Funding. (a) Concurrent with recordation of this Conservation Easement, and as a condition of Grantee's acceptance of this Conservation Easement, Permittee shall pay to Grantee Seven Thousand Five Hundred Dollars ($7,500.00) ("Initial Financial Requirement"), which Initial Financial Requirement is for the purpose of reimbursing Grantee for its cost and expenses incurred in connection with its acceptance of the Conservation Easement, and for fulfilling certain of Grantee's obligations hereunder for up to the first five (5) years following the date of this Conservation Easement. (b) Grantor shall petition to have the Easement Area included as a new zone to be annexed into Landscape and Lighting Maintenance District ("L&LMD") No. 89-1-Consolidated in the County of Riverside, California, or similar funding 22 III III I I IIII II II IIII I II II I IIIII I III �1 r2014 tO le i mechanism, and Grantee shall levy assessments or special taxes thereunder such that upon Final Approval, funds from the collection of assessments or special taxes on the Property are available for the perpetual management, maintenance, and monitoring of the Easement Area as required under this Conservation Easement. 20. Recordation. Grantor shall promptly record this instrument in the official records of Riverside County, California and immediately notify the Grantee and ACOE through the mailing of a conformed copy of the recorded easement. Grantee may re- record the Conservation Easement at any time it deems necessary to preserve its rights in the Conservation Easement. 21. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute and deliver to Grantor, its successors and assigns any document, including an estoppel certificate, which certifies compliance with any obligation of Grantor, its successors and assigns contained in this Conservation Easement and otherwise evidences the status of this Conservation Easement as may be requested by Grantor, its successors and assigns. 22. General Provisions. (a) Controlling Law. The laws of the United States and the State of California, disregarding the conflicts of law principles of such state, shall govern the interpretation and performance of this Conservation Easement. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of and to effect the Purpose of this Conservation Easement and the policy and purpose set forth in California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Conservation 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 Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation 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 together with the attached exhibits and any documents referred to herein 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 17. 23 (IIII II I I IIII III II III III IIII I II II 1v 1' `Af 411©3w 1R (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors and Assigns The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Easement Area. The covenants hereunder benefiting Grantee shall also benefit ACOE as a third party beneficiary. (g) Termination of Rights and Obligations. Provided the transfer was consistent with the terms of this Conservation Easement, a party's rights and obligations under this Conservation Easement shall terminate upon transfer of the party's interest in the Conservation Easement or Easement Area (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) 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 its construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Exhibits. All Exhibits referred to in this Conservation Easement are attached and incorporated herein by reference. (k) No Hazardous Materials Liability. (1) Grantor represents it is unaware of any release or threatened release of 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. (2) Without limiting the obligations of Grantor herein, Grantor hereby releases and agrees to indemnify, protect, defend and hold harmless the Grantee Indemnified Parties and the ACOE Indemnified Parties (defined in Section 11(b)(1) and 11(b)(2)) against any and all Claims (defined in Section 11(b)(1)) arising from or connected with any Hazardous Materials present, alleged to be present, or otherwise associated with the Property at any time, except that this release and indemnification shall be inapplicable to the Grantee Indemnified Parties and to the ACOE Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by the Grantee Indemnified Parties or the ACOE Indemnified Parties. This release and indemnification includes, without limitation, Claims for (i) injury to or death I 24 I IlfIII I[IIIII IIII IIIII Ii! III�II IIIII�I III 1I illl II !�I i, u14 [4E14i 30 n of any person or physical damage to any property; and (ii) the Grantor's violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). (3) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives Grantee and ACOE any of the following: (i) The obligations or liabilities 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 (ii) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (iii) The obligations of a responsible person under any applicable Environmental Laws; or (iv) The right to investigate and remediate any Hazardous Materials associated with the Property unless said investigation or remediation is related to the investigation or remediation of the Easement Area; or (v) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property unless said investigation or remediation by Grantor is related to the Easement Area. 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; Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement. The term "Environmental Laws" includes, without limitation, any 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 and Grantee represents, warrants, and covenants to each other and to ACOE that Grantor and Grantee's activities upon and use of the Easement Area will comply with all Environmental Laws. Ij I25 IIIIIIIIIIII III II IIIIIIIIIIIIIII I IIIIIII III 1� 10 11 4,5@,fl `9'LI�q (1) Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. (m) Warranty. Grantor represents and warrants that there are no outstanding mortgages, liens, deeds of trust, encumbrances or other interests in the Easement Area (including, without limitation, mineral interests) which have not been expressly subordinated to this Conservation Easement, and that the Easement Area is not subject to any other conservation easement. (n) No Merger. Grantor and Grantee agree that should Grantee, or any successor in interest to Grantee, come to own all or a portion of the fee interest subject to this Conservation Easement, there shall be no express or implied merger by operation of law or otherwise. If any party should claim such a merger, the parties agree that any and all terms and conditions of this Conservation Easement shall be deemed covenants and restrictions upon the Easement Area, which shall run with the land according to California and/or other applicable law and otherwise exist in perpetuity. (o) Change of Conditions. If one or more of the Purposes of this Conservation Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Conservation Easement as long as any other purpose of the Conservation Easement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. Grantor and Grantee agree that global warming and climate change -caused effects shall not be a basis for termination of this Conservation Easement. [REMAINDER LEFT INTENTIONALLY BLANK] 26 III IIIII I II I lil IIII IIII III IIII 12rl W261C�I a2a18A IN WITNESS WHEREOF Grantor, Grantee, and Permittee have executed this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof. GRANTOR: Zeiders Road Business Park, Inc., a California corporation By: Strategic Property Advisers, Inc., a California corporation Its Authorized Adviser and Agent PERMITTEE: PacTen Partners, LLC LIM Dennis M. Fitzpatrick, Member 27 (5 -J,) IL2,14F E��1�2H IN WITNESS WHEREOF Grantor, Grantee, and Permittee have executed this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof. GRANTOR: Zeiders Road Business Park, Inc., a California corporation By: Strategic Property Advisers, Inc., a California corporation Its Authorized Adviser and Agent M Peter G. Aylward, President PERMITTEE: PacTen Partners, LLC Dennis M. Fitzpatrick, Member 27 (S-Z) �� II II IIIIII III II IIIII 1111 29 of 9 �F CERTIFICATE OF ACCEPTANCE This is to certify that the Conservation Easement by Zeiders Road Business Park, Inc., a California corporation, dated December t® , 2014, to the City of Menifee, is accepted by the undersigned officers on behalf of Grantee. GRANTEE: By: 4Z,76 z ✓'--- Name: - A Title: D( i2vCTZ4OF RZLiC. in6&. Gt/ C4111,1&. Date: 11u�81 iU� a l4 Attest: By: Name: 7l�lfiy �fl�I��T✓ Title: L7 !7Y C4jtj--e1V Date: m II II II II IIIIII III II II III �I2gf u2 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On c9, / � S/ ,-)lZ before me, _�e(>r e- q oMc>-��t1 r� ley Notary Public, personally appeared �`TE'R k 0 Au k who proved to me on the basis of satisfactory evidence to be the person whose name�,a'} is/a;e subscribed to the within instrument and acknowledged to me that he/skeAhey executed the same in his/befAt4eif authorized capacity(ieg) and that by his/hef t leir signature(} on the instrument the personjK or the entity upon behalf of which the personVacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Sign tore My Commission Expires:C +YQ GEORGE� MOOUA�WAD Commission 8 2044013 z ® Notary Public . Californls San Olego County MV Comm. Ex Tres 0011 17 FOR NOTARY SEAL OR STAMP I I29 I I 1111� IIA 1 I� t--/ 1, 9J411900f STATE OF CALIFORNIA COUNTY OF G05 �PS On (�YC2m �212 , aid ly ,before roe, / ' lei Notary Public, personally appeared Lletrl s /r1• i �z� c who proved to me on the basis of satisfactory evidence to be the personasl whose name(,$') is/are subscribed to the within instrument and acknowledged to me that he/sh6;4hey executed the same in hisA4eMlieir authorized capacity(.ies) and that by his/herftheir signatureW on the instrument the person(Wor the entity upon behalf of which the person(,$') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature / Gv) My Commission Expires: 0/ % ELLLEN M. CZERKI COMISSIon i 2021227 Los MPIN cow* 91, low k Rowy Po • CWOMM FOR NOTARY SEAL OR STAMP 30 1111111II1111111111111III11111IIIIIIII111111111III ;oi�1©of92 R Exhibit A Legal Description of Property [See Attached] 014 F 4=i , EXHIBIT "A" REAL PROPERTY IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 AND LOTS C AND D OF PARCEL MAP 8158, AS PER MAP RECORDED IN BOOK 31, PAGE 50 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B: PARCELS 2 AND LOT B OF PARCEL MAP 8158, AS PER MAP RECORDED IN BOOK 31, PAGE 50 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL C: PARCEL A OF LOT LINE ADJUSTMENT NO. 05016 RECORDED ON JUNE 23, 2006 AS INSTRUMENT N0, 2006-0452652 OF RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 3 OF PARCEL MAP 8158, AS SHOWN IN BOOK 31 PAGE 50, INCLUSIVE OF MAPS AND A PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.B.M., AS DESCRIBED IN DEED RECORDED SEPTEMBER 30, 2005 AS INSTRUMENT NUMBER 2005-0813258, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD, AS SHOWN ON SAID PARCEL MAP 8158; THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL 3 AND THE CENTERLINE OF SAID ZEIDERS ROAD NORTH 00022'06" EAST A DISTANCE OF 440.41 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 89°26'00" EAST, A DISTANCE OF 1181.13 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH ALONG THE EASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP 8158, NORTH 02003'20" EAST, A DISTANCE OF 311.14 FEET; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 2 NORTH 13025'35" WEST, A DISTANCE OF 133.33 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PARCEL 1 AS SHOWN ON SAID PARCEL MAP 8158; THENCE NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 1 NORTH 13025'35" WEST, A DISTANCE OF 253.52 FEET; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 1 NORTH 31020'06" EAST, A DISTANCE OF 226.27 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; li II II it IIII ill IIII I 111111111III I? 11,2�gfItae Page 1 of 2 THENCE SOUTH 89026'00" EAST, A DISTANCE OF 37.20 FEET; THENCE SOUTH 09059-30" WEST, A DISTANCE OF 210.15 FEET; THENCE SOUTH 12043'45" EAST, A DISTANCE OF 154.03 FEET; THENCE SOUTH 00024-17" WEST, A DISTANCE OF 950.00 FEET; THENCE SOUTH 05°1820" EAST,A DISTANCE OF 13.29 FEET; THENCE NORTH 89028" 3" WEST,A DISTANCE OF 1252.15 FEET TO THE POINT OF BEGINNING. III 1111111 II I11111111111111111111111 I II 12�.�`falaLn14f1 1 118A Page 2 of 2 Exhibit B Legal Description and Depiction of Easement Area [See Attached] II �� II II I III IR !II I III II t2 lfa,EF,(14f19 18A EXHIBIT "B" LEGAL DESCRIPTION EASEMENT FOR CONSERVATION PURPOSES That certain parcel of land situated in a portion of the northeast quarter of the southeast quarter of Section 22. T. 6 S., R. 3 W., S.B.M., in the City of Menifee, County of Riverside, State of California, being that portion of Parcels 1 and 2, inclusive, of Parcel Map No. 8158 as shown on the map recorded in Book 31, Page 50 of Parcel Maps in the office of the County Recorder of said Riverside County California, together with a portion of Parcel "A" of Lot Line Adjustment No. 05016 recorded June 23, 2006 as Instrument No. 2006-0452652 of Official Records in the Office of said Riverside County Recorder, described in parcels as follows: PARCEL A: COMMENCING at the northeast corner of said Parcel "A"; thence along the easterly line of said Parcel "A" the following (4) four courses (1) South 09°59'21" West, 127.88 feet to the TRUE POINT OF BEGINNING; (2) continuing South 09059'21" West, 82.27 feet; (3) South 12°43'54" East, 154.03 feet; (4) South 00°24'08" West, 257.71 feet to a point hereinafter referred to as Point "A"; thence leaving said easterly line, North 89°35'52" West, 0.36 feet to a point on a non -tangent curve concave westerly and having a radius of 62.54 feet, a radial line of said curve from said point bears North 86°25'14" West; thence along said curve southerly 11.99 feet through a central angle of 10'59'09"; thence non -tangent from said curve, South 31 °45'18" West, 12.18 feet; thence North 23°25'24" West, 10.57 feet to a point on a non -tangent curve concave southwesterly and having a radius of 64.00 feet, a radial line of said curve from said point bears North 73°00'45" West; thence along said curve northerly 63.67 feet through a central angle of 57'00'13" to a point of compound curvature with a curve concave southwesterly and having a radius of 55.00 feet, a radial line of said curves from said point bears South 49059'02" West; thence along said curve northwesterly 38.90 feet through a central angle of 40°31'13"; thence non -tangent from said curve, South 84'55'13" West, 75.66 feet; thence South 42043'22" West, 44.85 feet; H14-6473199 II II II II II11111111111111111111111111111Y2i11rN14t1� lEF Page 1 of 10 thence South 09°26'05" West, 26.35 feet; thence South 88039'51" West, 13.52 feet; thence North 84059-08" West, 24.27 feet; thence North10022'07" East, 10.86 feet; thence North 74030'44" West, 3.45 feet; thence North16°55'56" West, 8.67 feet; thence North 02045'23" East, 74.47 feet; thence North 10009'12" East, 11.46 feet; thence North 61 °04'28" West, 3.00 feet; thence North 02*5618" West, 19.02 feet; thence North 16041'59" East, 72.77 feet; thence North 19012'51" East, 54.33 feet; thence North 24032'37" East, 24.97 feet; thence North 18038'33" East, 36.71 feet; thence North 19°48'39" East, 67.16 feet; thence North 05020'36" West, 7.53 feet; thence North 16050'35" East, 41.62 feet; thence North 68019'48" East, 54.66 feet; thence North 30058'26" East, 65.82 feet; thence South 63037'32" East, 11.46 feet to the TRUE POINT OF BEGINNING. CONTAINING: 64,455 square feet, more or less. PARCEL B: COMMENCING at Point "A", as described in Parcel A above: thence along the easterly line of said Parcel "A", South 00024'08" West, 33.98 feet; thence leaving said easterly line, North 89°35'52" West, 2.00 feet to a line parallel and 2.00 feet westerly of said easterly line, said point also being the TRUE POINT OF BEGINNING; Page 2 of 10 Ill II II II I I it II III I II I II , eta eaf q2 thence southerly along said parallel line, South 00024'08" West, 283.21 feet; thence westerly leaving said parallel line, North 89°35'52" West, 3.04 feet; thence South 04°34'19" West 99.53, feet; thence South 03°32'25" West 60.00, feet; thence South 00°00'00" West 147.66, feet; thence South 05°01'50" East 79.97, feet; thence North 89°27'38" West 185.73, feet; thence North 00031'47" East 26.52 feet; thence North 74015'37" West, 30.17 feet; thence North 17029'08" West, 40.95 feet; thence South 89°53'21" West, 135.10 feet to a point hereinafter referred to as Point "B", said point also being the beginning of a tangent curve concave southeasterly and having a radius of 18.00 feet; thence along said curve westerly and southwesterly 23.02 feet through a central angle of 73° 15'45"; thence tangent from said curve South16°37'36" West, 49.66 feet to the beginning of a tangent curve concave northwesterly and having a radius of 7.00 feet; thence along said curve southwesterly 8.50 feet through a central angle of 69'34'11"; thence tangent from said curve south 86011'47" West, 80.28 feet; thence North 89027'38" West, 255.99 feet; thence North 73051'33" West, 22.23 feet; thence North 89028'13" West, 280.78 feet; thence South 82°13'12" West, 18.42 feet; thence North 00°32'22" East, 4.04 feet; thence North 82'13'12" East, 18.13 feet; thence South 89028'13" East, 632.71 feet to a point on a tangent curve concave northwesterly and having a radius of 10.00 feet; III IIIIII II IIII IIIIIIIIIII IIII III 1°'G}fz�Fl Page 3 of 10 thence along said curve easterly and northeasterly 12.90 feet through a central angle of 73°53'38"; thence tangent from said curve North 16°38'09" East, 47.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 20.00 feet; thence along said curve northeasterly and easterly 25.71 feet through a central angle of 73°39'08'; thence tangent from said curve South 89°42'43" East, 165.04 feet; thence South 00°00'00" West, 28.54 feet; thence North 90°00'00" East, 13.26 feet; thence South 45°00'00" East, 43.47 feet; thence South 00°00'00" West 11.66, feet; thence North 89°59'55" East 117.13, feet; thence North 52°07'09" East 32.59, feet; thence North 00°00'05" West 640.96, feet; thence South 89°35'52" East 20.66, feet to the TRUE POINT OF BEGINNING. CONTAINING: 17,558 square feet, more or less. PARCELC: COMMENCING at Point "B", as described in Parcel B above: thence South 02°14'14" West, 12.58 feet to the TRUE POINT OF BEGINNING; thence North 78°14'45" East, 13.52 feet; thence North 88°42'59" East, 9.25 feet to the beginning of a tangent curve concave southwesterly and having a radius of 9.00 feet; thence along said curve southeasterly 8.98 feet through a central angle of 57°09'53'; thence tangent from said curve South 34007'08" East, 36.83 feet to a point on a non -tangent curve concave westerly and having a radius of 100.00 feet, a radial line of said curve from said point bears South 86°29'32" West; thence along said curve southerly 30.49 feet through a central angle of 17028'07" to the southerly line of said Parcel "A" of Lot Line Adustment No. 05016; IIIIII IIIIIII IIII I II III I IIII IIII III IIIII III INlnGAll 3 q 4£1Ea GIBE Page 4 of 10 thence along said southerly line non -tangent from said curve, North 89027'38" West, 81.79 feet; thence leaving said southerly line, North 00000'00" East, 1.01 feet; thence North 75°28'21" East, 2.06 feet; thence North 45°00'49" East, 3.66 feet; thence North 24'00'11" East, 15.64 feet; thence North 18°31'57" East, 30.01 feet; thence North 20039'38" East, 6.86 feet; thence North 54042'58" East, 13.29 feet to the TRUE POINT OF BEGINNING. CONTAINING: 3,968 square feet, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof as shown on pages 6 through 10, inclusive. This description was prepared by me or under my direction. AND 0�x566 -31<u Date: Jon R. Duquette, L FE license expires /31/15 )F C II IIIII II III II III II I II ie.rr14FFiafil rrr C7 Page 5 of 10 EXHIBIT wW CONSERVATION EASEMENT yPARCEL 4 ---- _-� � CIP.M.B. 32/94 CCOTTI ROAD �I hf: • -••• PROJECT SITE • • • PARCEL 1 T w 0 1 P.f�.B. 31 / 50 N LL1 KELLER ROAD II VICINITY MAP II---------- NOT TO SCALE PARCEL 2 --------------- -- I I I I I I I LAND SV` EET 9 i Np, 7566 5 A ExP-12 PARCEL 1 I I I I SHEET B I PARCEL "A" LLA NO. 1 0501 P INST. NO.1200640452652 O.R. P.M.B. 109/8 SHEET 6 OF 10 I I I I- PARCEL 4 _--_-l _ P.M.B.1 52/ 50-51 t ME . - SEC. 22, T. 6 S., R.3 W., S.B.M. CONSULTING SCALE JOB NO. REV. NOVEMBER 20, 2014 1"=200' 15101732 H:\PDATA\15101732\CADD\MAPPING\EXHIBIT\1732EX005 REV 1.DWG JDUQUETTE 11/20/14 10:28 am I IN86025'14"W ZRAD7 O Cl MISFT Wr CONSERVATION EASEMENT I 0 I co II 2 �wN POC PCL II B 73°00 45W m0 (RAD) K)N N75°26'05"WJI o I (RAD) 30 I 5 I PP. OB. L— PCL_B — ------ DETAIL "A" NOT TO SCALE w W w W In U- N49° 0. co -(RAO PARCEL 2 o01, * SEE SHEET 10 FOR DATA TABLE t N N T.P.O.B. � PCL A �; � N O L J Lr) O W O N U U') Q C) O z cI O Q O J N J O z N w LLI 0 z I SEE DETAIL "A" �✓ ON THIS SHEET I I I _J SHEET 7 OF 10 SEE SHEET CONSULTING SEC. 22, T. 6 S., R.3 W., S.B.M. SCALE JOB NO. REV. NOVEMBER 20, 2014 1"=200' 15101732 H:\PDATA\15101732\CADD\MAPPING\EXHIBIT\1732EX005 REV 2.DW JDUQUETTE 11/20/14 11:46 am EXHIBIT wW CONSERVATION EASEMENT SEE MEET 7 SEE DETAIL ON SHEET 2 L K) 00 N 2. 0' PARCEL 2 w _ co 31 / 50 m w � O N POINT B N89 53 21 E I P.O.CA " 9 60 61 135. 10' dN I PARCEL C 59 ro I 58 Lo 6 63 S86°29'32"W h 5 i�(RA-) 1 I 1 0'�F o I 6 /Q 64 G� G U�"5 N76°02'21"W PARCEL "A" 545 I . 53 55 Q — I ^D I 81.79 128.65' - I N89°27'38"W N89027'38"W I I I DETAIL "B" NOT TO SCALE LLA NO. 105016 L--------------------i INST. NO. 2006-0452652 O.R. 46 N89°42'43"W — 165,04' 47 F- 135.10' 48 45 36 89053'21"E35 4950 44 3 1 34 89°59'5�" 51 33 7 185.73 S89027'38"E PARCEL 4 SEE DETAIL "B" w w 0 0 Lo .- N H K H Z ON THIS SHEET P.M.B. 52/ 50 — 51 * SEE SHEET 10 FOR DATA TABLE PF SHEET 8 OF 10 ; SEC. 22, T. 6 S. , R.3 W. , S.B.M. CONSULTING SCALE JOB NO. REV. NOVEMBER 20, 2014 1"=200' 15101732 I H:\PDATA\15101732\CADD\MAPPING\EXHIBIT\1732EX005 REV 2.DWG JDUQUETTE 11/20/14 11:46 am MlsrT or CONSERVATION EASEMENT SCALE: 1"=100' J W U Q IL 00 0) 0 J Ld U I m * SEE SHEET 10 FOR DATA TABLE 0 Ln N SHEET 9 OF 10 SEC. 22, T. 6 S., R.3 W., S.B.M. CONSULTING SCALE JOS NO. REV. NOVEMBER 20, 2014 1"=200 T 15101732 H:\PDATA\15101732\CADD\MAPPING\EXHIBIT\1732EX005 REV 1.DWG JDUQUETTE 11/20/14 10:21 am EXHIBIT wW CONSERVATION EASEMENT LINE/CURVE DATA TABLE @O BEARING/DELTA RADIUS LENGTH 1 N89°35'52"W -- 0.36' 2 10'59'09" 62.54' 11.99' 3 N31°45'18"E -- 12.18' 4 N23°25'24"W -- 10.57' 5 57`00'13" 64.00' 63.67' 6 40°31'13" 55.00' 38.90' 7 N84'55'13"E -- 75.66' 8 N42'43'22"E -- 44.85' 9 N09'26'05"E -- 26.35' 10 N88'39'51"E -- 13.52' 11 N84'59'08"W -- 24.27' 12 N10°22'07"E -- 10.86' 13 N74'30'44"W -- 3.45' 14 N16'55'56"W -- 8.67' 15 NO2°45'23"E -- 74.47' 16 N10'09'12"E -- 11.46' 17 N61'04'28"W -- 3.00' 18 NO2°55'18"W -- 19.02' 19 N16°41'59"E -- 72.77' 20 N19°12'51"E -- 54.33' 21 N24'32'37"E -- 24.97' 22 N18°38'33"E -- 36.71' 23 N19°48'39"E -- 57.16' 24 N05'20'36"W -- 7.53' 25 N16'50'35"E -- 41.62' 26 N68'19'48"E -- 54.66' 27 N30'58'26"E -- 65.82' 28 N63`37'32"W -- 11.46' 29 NO2'14'14"E -- 12.58' 30 N89'35'52"W -- 2.00' 31 N89'35'52"W -- 3.04' 32 NO3°32'25"E -- 60.00' 33 N00°31'47"E -- 26.52' 34 N74'15'37"W -- 0.17' 35 N17'29'08"W -- 0.95' 36 73'15'45" 18.00' j23.02' 37 N16°37'36"E -- 9.66' SHEET 10 OF 10 SEC. 22. T. 6 S REV. NOVEMBER 20 H:\PDATA\15101732\CADD LINE/CURVE DATA TABLE @0 BEARING/DELTA RADIUS7 LENGTH 38 69°34'11" 7.00' 8.50' 39 N86011'47"E -- 80.28' 40 N73°51'33"W -- 22.23' 41 N82°13'12"E -- 18.42' 42 N00'32'22"E -- 4.04' 43 N82°13'12"E -- 18.13' 44 73°53'38" 10.00' 12.90' 45 N16°38'OS"E -- 47.25' 46 73°39'08" 20.00' 25.71' 47 N00°00'00"E -- 28.54' 48 N90°00'00"E -- 13.26', 49 N45°00'00"W -- 43.47' 50 NOO°00'00"E -- 11.66' 51 N52°07'09"E -- 32.59' 52 N89'35'52"W -- 20.66' 53 N00 4 000'00"E -- 1.01' 54 N75 228'21"E -- 2.06' 55 N45'00'49"E -- 3.66' 56 N24°00'11"E -- 15.64' 57 W 8;*3 '57"E -- 30.61' 58 N20'39'38"E -- 6.86' 59 N54'42'58"E -- 13.29' 60 N78'14'45"E -- 13.52' 61 N88°42'59"E -- 9.25' 62 57'09'53" 9.00' 8.98' 63 N34°07'08"W -- 36.83' 64 17°28'07" 100.00' 1 30.49' R.3 W., S.B.M. SCALE 2014 1"=200' APPING\EXHIBIT\1732EX005 REV 2.DWG 013N5 LI LTING JOB NO. 15101732 JDUQUETTE 11/20/14 11:45 am I File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV 1.OUT 10/2/2014, 8:44:19 Ab RBF CONSULTING JOB ID : 15-101732 DATE 10/02/2014 AT 09:44:13 FILE NAME : H:\pdata\15101732\Cadd\MAPPING\exhibit\1732ex005 REV 1.TRV TRAVERSE OF : PCL A OPEN CONSERVATION EASEMENT BEARING S 09-59-21.00 W S 09-59-21.00 W S 12-43-54.00 E S 00-24-08.00 W N 89-35-52.00 W N 86-25-14.00 W -- TRAV # 001 DISTANCE NORTHING BASTING STARTING AT 2175657.1978 6281186.5719 PT # 3000 127.68 TO 2175531.2563 6281166.3896 82.27 TO 2175450.2335 6281152.1189 154.03 TO 2175299.9907 6281186.0648 257.71 TO 2175042.2870 6281184.2557 0.36 TO 2175042.2895 6281183.8957 62.54 TO 2175046.1941 6281121.4777 DELTA = 10-59-09.00 RADIUS = 62.5400 LENGTH = CHORD = 11.9730 TANGENT = 6.0141 S 75-26-05.00 E 62.54 TO 2175030.4663 6281182.0078 S 31-45-18.00 W 12.18 TO 2175020.1096 6261175.3976 N 23-25-24.00 W 10.57 TO 2175029.8086 6281171.3958 N 73-00-45.00 W 64.00 TO 2175048.5070 6281110.1682 DELTA = 57-00-13.00 RADIUS = 64.0000 LENGTH = CHORD = 61.0799 TANGENT = 34.751E N 49-59-02.00 E 64.00 TO 2175089.6592 6281159.2035 S 49-59-02.00 W 55.00 TO 2175054.2940 6281117.0810 DELTA = 40-31-13,00 RADIUS = 55.0000 LENGTH = CHORD = 38.0911 TANGENT = 20.3016 N 09-27-49.00 E 55.00 TO 2175108.5455 6281126.1241 S 84-55-13.00 W 75.66 TO 2175101.8464 6281050.7613 S 42-43-22.00 W 44.65 TO 2175068.8976 6281020.3327 S 09-26-05.00 W 26.35 TO 2175042.9040 6281016.0133 S 88-39-51.00 W 13.52 TO 2175042.5888 6281002.4970 N 84-59-08.00 W 24.27 TO 2175044,7102 6280978.3199 N 10-22-07.00 E 10.86 TO 2175055.3929 6280980.2745 N 74-30-44.00 W 3.45 TO 2175056.3141 6280976.9497 N 16-55-56.00 W 8.67 TO 2175064.6083 6280974.4247 N 02-45-23.00 E 74.47 TO 2175138.9921 6280978.0059 N 10-09-12.00 E 11.46 TO 2175150.2726 6280980.0261 N 61-04-28.00 W 3.00 TO 2175151.7237 6280977.4004 N 02-55-18.00 W 19.02 TO 2175170.7189 6280976.4309 N 16-41-59.00 E 72.77 TO 2175240.4198 6280997.3418 N 19-12-51.00 E 54.33 TO 2175291.7233 6281015.2218 N 24-32-37.00 E 24.97 TO 2175314.4372 6281025.5940 N 18-38-33.00 E 36.71 TO 2175349.2211 6281037.3288 N 19-48-39.00 E 67.16 TO 2175412.4063 6281060.0904 N 05-20-36.00 W 7.53 TO 2175419.9036 6281059.3892 N 16-50-35.00 E 41.62 TO 2175459.7382 6281071.4486 N 68-19-48.00 E 54.66 TO 2175479.9219 6281122.2456 N 30-58-26.00 E 65.82 TO 2175536.3561 6281156.1197 S 63-37-32.00 E 11.46 TO 2175531.2652 6281166.386E N 09-59-21.00 E 127.88 TO 2175657.2066 6281168.5691 11.9914 63.6736 38.8967 ERROR OF CLOSURE NORTH =-0.0088521 EAST = 0.0027857 BEARING S 17-28-07.00 E DISTANCE = 0.0093 Page: 1 IIIIII II IIII IIII IIIII III IIIIII IIIIIII III IIIIII III INt . il44p. . a, 1190 ' �eH File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV 1.OUT 10/2/2014, 8:44:19 AP AREA = 64455.2 SF 1.4797 ACRES PERIMETER = 1640.0517 PRECISION = 1 : 176,729 IIII III I I I II I I I I I I I II I I III III to 1Page: 2 A1�9I401toD'I File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV 1.OUT 10/2/2014, 6:44:19 AN I RBF CONSULTING JOB ID : 15-101732 DATE 10/02/2014 AT 09:44:14 FILE NAME : H:\pdata\15101732\Cadd\MAPPING\exhibit\1732ex0G5 REV 1.TRV TRAVERSE OF : PCL A CLOSED CONSERVATION EASEMENT -- TRAV # 002 BEARING DISTANCE NORTHING FASTING STARTING AT 2175531.2569 6281166.3896 PT 4 3053 S 09-59-21.00 W 82.27 TO 2175450.2341 6281152.1189 S 12-43-54.00 E 154.03 TO 2175299.9913 62611B6.0648 S 00-24-08.00 W 257.71 TO 2175042.2876 6261184.2557 N 89-35-52.00 W 0.36 TO 2175042.2901 6281183.8957 N 86-25-14.00 W 62.54 TO 2175046.1947 6281121.4777 DELTA = 10-59-09.00 RADIUS = 62.5400 LENGTH = 11.9914 CHORD = 11.9730 TANGENT = 6.0141 S 75-26-05.00 E 62.54 TO 2175030.4669 6281182.0078 S 31-45-18.00 W 12.18 TO 2175020.1102 6281175.5976 N 23-25-24.00 W 10.57 TO 2175029.8091 6281171.3956 N 73-00-45.00 W 64.00 TO 2175048.5076 6281110.1882 DELTA = 57-00-13.00 RADIUS = 64.0000 LENGTH = 63.6736 CHORD = 61.0799 TANGENT = 34.7518 N 49-59-02.00 E 64.00 TO 2175089.6598 6281159.2035 S 49-59-02.00 W 55.00 TO 2175054.2946 6261117.0810 DELTA = 40-31-13.00 RADIUS = 55.0000 LENGTH = 38.8967 CHORD = 38.0911 TANGENT = 20.3016 N 09-27-49.00 E 55.00 TO 2175108.5461 6281126.1241 S 84-55-13.00 W 75.66 TO 2175101.8470 6281050.7613 S 42-43-22.00 W 44.85 TO 2175068.8982 6281020.3327 S 09-26-05.00 W 26.35 TO 2175042.9046 6281016.0133 S 88-39-51.00 W 13.52 TO 2175042.5894 6281002.4970 N 84-59-08.00 W 24.27 TO 2175044.7108 6280978.3199 N 10-22-07.00 E 10.86 TO 2175055.3935 6280980.2745 N 74-30-44.00 W 3.45 TO 2175056.3147 6280976.9498 N 16-55-56.00 W 8.67 TO 2175064.6089 6260974.4247 N 02-45-23.00 E 74.47 TO 2175136.9927 6280978.0059 N 10-09-12.00 E 11.46 TO 2175150.2732 6280980.0261 N 61-04-28.00 W 3.00 TO 2175151.7243 6260977.4004 N 02-55-18.00 W 19.02 TO 2175170.7195 6260976.4309 N 16-41-59.00 E 72.77 TO 2175240.4204 6280997.3418 N 19-12-51.00 E 54.33 TO 2175291.7239 6281015.2218 N 24-32-37.00 E 24.97 TO 2175314.4378 6281025.5940 N 16-38-33.00 E 36.71 TO 2175349.2217 6281037.3288 N 19-48-39.00 E 67.16 TO 2175412.4069 6281060.0904 N 05-20-36.00 W 7.53 TO 2175419.9042 6281059.3892 N 16-50-35.00 E 41.62 TO 2175459.7388 6281071.4486 N 68-19-48.00 E 54.66 TO 2175479.9225 6281122.2456 N 30-58-26.00 E 65.82 TO 2175536.3567 6281156.1197 S 63-37-32,00 E 11.46 TO 2175531.2658 6281166.3868 ERROR OF CLOSURE NORTH = -0.0088521 EAST = 0.0027857 BEARING S 17-28-07.00 E DISTANCE = 0.0093 AREA = 64454.9 SF 1.4797 ACRES II IIIIIII III IIIIII III Itl��0tl}$Q IIIIIII IIIIIIIIIIIIIIII IIIIIIIII of $�$F Page: 3 I File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN PERIMETER = 1384,2917 PRECISION = 1 : 149,169 Page: 4 II 11111II11111111111111111111111111111111111111111111 II ie 149 of1r 2 File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 6:44:19 Ah 9 REP CONSULTING SOB ID : 15-101732 DATE 10/02/2014 AT 09:44:15 FILE NAME : H:\Pdata\15101732\Cadd\MAPPING\exhibit\1732ex005 REV 1.TRV TRAVERSE OF : PCL B OPEN CONSERVATION EASEMENT -- TRAV # 003 BEARING - DISTANCE NORTHING EASTING STARTING AT 2175042.2840 6281184.2552 PT # 3054 S 00-24-06.00 W 33.98 TO 2175008.3048 6281184.0166 N 89-35-52.00 W 2.00 TO 2175008.3189 6281182.0167 S 00-24-08.00 W 283.21 TO 2174725.1159 6281180.0285 N 89-35-52.00 W 3.04 TO 2174725.1372 6281176.9886 S O4-34-19.00 W 99.53 TO 2174625.9239 6281169.0550 S 03-32-25.00 W 60.00 TO 2174566.0384 6281165.3500 S 00-00-00.00 W 147.66 TO 2174418.3832 6281165.3500 S 05-01-50.00 E 79.97 TO 2174338,7212 6281172.3623 N 89-27-38.00 W 185.73 TO 2174340.4699 6280986.6406 N 00-31-47.00 E 26.52 TO 2174366.9887 6280986.8857 N 74-15-37.00 W 30.17 TO 2174375.1729 6280957.8470 N 17-29-08.00 W 40.95 TO 2174414.2307 6280945.5429 S 89-53-21.00 W 135.10 TO 2174413.9693 6260810.4432 S 00-06-39.00 E 18.00 TO 2174395.9694 6280810.4780 DELTA = 73-15-45.00 RADIUS = 18.0000 LENGTH = 23.0161 CHORD = 21.4799 TANGENT = 13.3832 N 73-22-24.00 W 18.00 TO 2174401,1198 6280793.2306 S 16-37-36.00 W 49.66 TO 2174353.5361 6280779.0212 N 73-22-24.00 W 7.00 TO 2174355.5390 6280772.3138 DELTA = 69-34-11.00 RADIUS = 7.0000 LENGTH = 8.4995 CHORD = 7.9870 TANGENT = 4.8624 S 03-48-13.00 E 7.00 TO 2174348.5545 6280772.7782 S 86-11-47.00 W 80.28 TO 2174343.2289 6260692.6750 N B9-27-38.00 W 255.99 TO 2174345.6391 6280436,6964 N 73-51-33.00 W 22.23 TO 2174351.8190 6280415.3427 N 89-28-13.00 W 280.78 TO 2174354.4149 6280134.5747 S 82-13-12.00 W 18.42 TO 2174351.9214 6280116.3242 N 00-32-22.00 E 4.04 TO 2174355.9612 6280116.3622 N 82-13-12.00 E 18.13 TO 2174358.4154 6280134.3254 S 89-28-13.00 E 632.71 TO 2174352.5659 6280767.0083 N 00-31-47.00 E 10.00 TO 2174362.5654 6280767.1008 DELTA = 73-53-38.00 RADIUS = 10.0000 LENGTH = 12.8969 CHORD = 12.0215 TANGENT = 7.5210 S 73-21-51,00 E 10.00 TO 2174359.7026 6280776.6822 N 16-38-09.00 E 47.25 TO 2174404.9749 6280790.2093 S 73-21-51.00 E 20.00 TO 2174399.2491 6280809.3722 DELTA = 73-39-08,00 RADIUS = 20.0000 LENGTH = 25.7095 CHORD = 23.9755 TANGENT = 14.9761 N 00-17-17.00 E 20.00 TO 2174419.2489 6280809.4727 S 89-42-43,00 E 165.04 TO 2174418.4191 6280974.5106 S 00-00-00.00 W 28.54 TO 2174389.8777 6280974.5106 N 90-00-00.00 E 13.26 TO 2174389.8777 6280987.7730 Page: 5 111111111111111111111111111111111111111111111111111111111111II , �'5Af2R File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN 9 S 45-00-00.00 E 43.47 TO 2174359.1398 6281018.5109 S 00-00-00.00 W 11.66 TO 2174347,4778 6281018.5109 N 89-59-55.00 E 117.13 TO 2174347.4807 6281135.6409 N 52-07-09.00 E 32.59 TO 2174367.4916 6281161.3639 N 00-00-05.00 W 640.96 TO 2175008.4516 6281161.3483 S 89-35-52.00 E 20.66 TO 2175006.3066 6281162.0078 S 89-35-52.00 E 2.00 TO 2175008.2925 6281164.0078 N 00-24-08.00 E 33.98 TO 2175042.2717 6281184.2463 ERROR OF CLOSURE NORTH = 0.0122933 EAST = 0.00BB658 BEARING N 35-47-56.00 E DISTANCE = 0.0152 AREA = 17558.2 SF 0.4031 ACRES PERIMETER = 3716.7630 PRECISION = 1 : 245,221 I III III �� III I II I I II Page: 6 0144 1 12r11r5C4141&12R of, File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV 1.OUT 10/2/2014, 8:44:19 AN S RBF CONSULTING SOB ID : 15-101732 DATE 10/02/2014 AT 09:44:16 FILE NAME : H:\pdata\15101732\Cadd\MAPPING\exhibit\1732ex005 REV 1.TRV TRAVERSE OF : PCL B CLOSED CONSERVATION EASEMENT -- TRAV # 004 BEARING DISTANCE NORTHING BASTING STARTING AT 2175008.3192 6281182.0167 PT # 3103 S 00-24-08.00 W 283.21 TO 2174725.1161 6281180.0285 N 89-35-52.00 W 3.04 TO 2174725.1375 6281176.9886 S O4-34-19.00 W 99.53 TO 2174625.9242 6281169.0550 S 03-32-25.00 W 60.00 TO 2174566.0387 6281165.3500 S 00-00-00.00 W 147.66 TO 2174418.3834 6281165.3500 S 05-01-50.00 E 79.97 TO 2174338.7215 6281172.3623 N 89-27-38.00 W 185.73 TO 2174340.4701 6280986.6405 N 00-31-47.00 E 26.52 TO 2174366.9890 6280986.8857 N 74-15-37.00 W 30.17 TO 2174375.1731 6280957.8470 N 17-29-06.00 W 40.95 TO 2174414.2310 6280945.5429 S 89-53-21.00 W 135.10 TO 2174413.9696 6280610.4432 S 00-06-39.00 E 18.00 TO 2174395.9696 6280810.4780 DELTA = 73-15-45.00 RADIUS = 18.0000 LENGTH = 23.0161 CHORD = 21.4799 TANGENT = 13.3832 N 73-22-24.00 W 18.00 TO 2174401.1201 6280793.2306 S 16-37-36.00 W 49.66 TO 2174353.5364 6280779.0211 N 73-22-24.00 W 7.00 TO 2174355.5393 6260772.3138 DELTA = 69-34-11.00 RADIUS = 7.0000 LENGTH = 8.4995 CHORD = 7.9870 TANGENT = 4.8624 S 03-48-13.00 E 7.00 TO 2174348.5547 6280772.7782 S 86-11-47.00 W 60.26 TO 2174343.2292 6280692.6750 N 89-27-38.00 W 255.99 TO 2174345.6393 6280436.6964 N 73-51-33.00 W 22.23 TO 2174351.8193 6280415.3426 N 89-28-13.00 W 260.78 TO 2174354.4152 6280134.5746 S 82-13-12.00 W 18.42 TO 2174351.9216 6280116.3242 N 00-32-22.00 E 4.04 TO 2174355.9615 6280116.3622 N 82-13-12.00 E 18.13 TO 2174356.4157 6280134.3253 S 89-28-13.00 E 632.71 TO 2174352.5662 6280767.0083 N 00-31-47.00 E 10.00 TO 2174362.5657 6280767.1008 DELTA = 73-53-38.00 RADIUS = 10.0000 LENGTH = 12.8969 CHORD = 12.0215 TANGENT = 7.5210 S 73-21-51.00 E 10.00 TO 2174359.7028 6280776.6822 N 16-38-09.00 E 47.25 TO 2174404.9751 6280790.2093 S 73-21-51.00 E 20.00 TO 2174399.2494 6280809.3722 DELTA = 73-39-08.00 RADIUS = 20.0000 LENGTH = 25.7095 CHORD = 23.9755 TANGENT = 14.9761 N 00-17-17.00 E 20.00 TO 2174419.2491 6280809.4727 S 89-42-43.00 E 165.04 TO 2174418.4194 6280974.5106 S 00-00-00.00 W 28.54 TO 2174369.8780 6280974.5106 N 90-00-00.00 E 13.26 TO 2174389.8780 6260987.7730 S 45-00-00.00 E 43.47 TO 2174359.1400 6281018.5109 S 00-00-00.00 W 11.66 TO 2174347.4781 6281018.5109 Page: 7 11I� II I� I �I I �I I� ��20 120�4W190 :1 12111 �521of E12 P�Fl File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN I N 89-59-55.00 E 117.13 TO 2174347.4809 6281135.6409 N 52-07-09.00 E 32.59 TO 2174367.4919 6281161.3639 N 00-00-05.00 W 640.96 TO 2175008.4519 6281161.3463 S 89-35-52.00 E 20.66 TO 2175008.3069 6281182.0076 ERROR OF CLOSURE NORTH = 0.0122933 EAST = 0.0066658 BEARING N 35-47-56.00 E DISTANCE = 0.0152 AREA = 17558.1 SF 0.4031 ACRES PERIMETER = 3644.8030 PRECISION = 1 : 240,473 Page: 8 II II I I !I I II I I III II I I I I II td. �15 � 4f1Fa 02F File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN 9 RBF CONSULTING SOB ID : 15-101732 DATE 10/02/2014 AT 09:44:17 FILE NAME : H:\pdata\15101732\Cadd\MAPPING\exhibit\1732ex005 REV 1.TRV TRAVERSE OF : PCL C OPEN CONSERVATION EASEMENT -- TRAV # 005 BEARING DISTANCE NORTHING EASTING STARTING AT 2174413.9719 6280810.4345 PT # 3040 S 02-14-14.00 W 12.58 TO 2174401.4015 6280809.9434 N 78-14-45.00 E 13.52 TO 2174404.1557 6280823.1799 N 88-42-59.00 E 9.25 TO 2174404.3629 6260832.4276 S 01-17-01.00 E 9.00 TO 2174395.3652 6280932.6292 DELTA = 57-09-53.00 RADIUS = 9.0000 LENGTH = 8.9794 CHORD = 8.6116 TANGENT = 4.9034 N 55-52-52.00 E 9.00 TO 2174400.4134 6280840.0801 S 34-07-08.00 E 36.83 TO 2174369.9227 6280860.7385 S 86-29-32.00 W 100.00 TO 2174363.8043 62B0760.9258 DELTA = 17-28-07.00 RADIUS = 100.0000 LENGTH = 30.4885 CHORD = 30.3705 TANGENT = 15.3634 S 76-02-21.00 E 100.00 TO 2174339.6785 6280857.9719 N 89-27-38.00 W 81.79 TO 2174340.4485 6280776.1855 N 00-00-00.00 E 1.01 TO 2174341.4572 6280776.1855 N 75-28-21.00 E 2.06 TO 2174341.9740 6280778.1797 N 45-00-49.00 E 3.66 TO 2174344.5614 6280780.7683 N 24-00-11.00 E 15.64 TO 2174358.8489 6280787.1304 N 18-31-57.00 E 30.01 TO 2174387.3027 6280796.6689 N 20-39-38.00 E 6.86 TO 2174393.7215 6260799.0893 N 54-42-58.00 E 13.29 TO 2174401.3982 6280609.9379 N 02-14-14.00 E 12.58 TO 2174413.9686 6280810.4290 ERROR OF CLOSURE NORTH = 0.0033438 EAST = 0.0054999 BEARING N 58-42-06.00 E DISTANCE = 0.0064 AREA = 3966.3 SF 0.0911 ACRES PERIMETER = 278.5466 PRECISION = 1 : 43,276 Page: 9 IIIIII11411IIIIIIIIIIII11111IIIIIIIIIIIIIIIIIII1111 z,0124 F�92S H File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN I RBF CONSULTING JOB ID : 15-101732 DATE 10/02/2014 AT 09:44:18 FILE NAME : H:\pdata\15101732\Cadd\MAPPING\exhibit\1732ex005 REV 1.TRV TRAVERSE OF : PCL C CLOSED CONSERVATION EASEMENT -- TRAV # 006 BEARING DISTANCE NORTHING FASTING STARTING AT 2174413.9719 6260810.4345 PT # 3040 S 02-14-14.00 W 12.58 TO 2174401.4015 6280609.9434 N 78-14-45.00 E 13.52 TO 2174404.1557 6280623.1799 N 88-42-59,00 E 9.25 TO 2174404.3629 6280632.4276 S 01-17-01.00 E 9.00 TO 2174395.3652 6280832.6292 DELTA = 57-09-53.00 RADIUS = 9.0000 LENGTH = 8.9794 CHORD = 8.6116 TANGENT = 4.9034 N 55-52-52.00 E 9.00 TO 2174400.4134 6280640.0801 S 34-07-08.00 E 36.83 TO 2174369.9227 6280860.7385 S 86-29-32.00 W 100.00 TO 2174363.6043 6280760.9258 DELTA = 17-28-07.00 RADIUS = 100.0000 LENGTH = 30.4885 CHORD = 30.3705 TANGENT = 15.3634 S 76-02-21.00 E 100.00 TO 2174339.6765 6280857.9719 N 89-27-38.00 W 81.79 TO 2174340.4465 6280776.1855 N 00-00-00.00 E 1.01 TO 2174341.4572 6280776.1855 N 75-28-21.00 E 2.06 TO 2174341.9740 6280776.1797 N 45-00-49.00 E 3.66 TO 2174344,5614 6280780.7683 N 24-00-11.00 E 15.64 TO 2174358.8489 6280787.1304 N 18-31-57.00 E 30.01 TO 2174387.3027 6280796.6689 N 20-39-38.00 E 6.86 TO 2174393.7215 6280799.0893 N 54-42-58.00 E 13.29 TO 2174401.3982 6280809.9379 N 02-14-14.00 E 12.58 TO 2174413.9686 6280810.4290 ERROR OF CLOSURE NORTH = 0.0033438 EAST = 0.0054999 BEARING N 58-42-06.00 E DISTANCE = 0.0064 AREA = 3968.3 SF 0.0911 ACRES PERIMETER = 278.5466 PRECISION = 1 : 43,276 Page: 10 II II IIIII III II IIIIIII I III I II I 1L 55 410 1'7R File: H:\pdata\15101732\Cadd\MAPPING\exhibit\1732EX005 rEV I.OUT 10/2/2014, 8:44:19 AN Page: 11 III �� II II IIII IIII III III 111111111 II lz,��5G of�4 .2 Exhibit C Mitigation Plan Cover Sheet [See Attached] 1111111II11111111111111111111111111111111111111I1IIII t `�1151,, S2 Fl FINAL HABITAT MITIGATION AND MONITORING PLAN FOR THE 47.78 ACRE COMMERCE POINTE I AND II INDUSTRIAL PARK PROPERTY LOCATED BETWEEN ZEIDERS ROAD AND INTERSTATE 215 Plot Plan Nos. 21452 and 22280 Environmental Assessment No. 40697 State Clearinghouse No. 2006121062 Prepared for: Zeiders Road Business Park, Inc. Commerce Pointe II Menifee, Inc. and California Department of Fish and Wildlife File No.1600-2008.0171-R6 and California Regional Water Quality Control Board File No. 33-2008-33 and U.S. Army Corps of Engineers File No. SPL-2012.00052-JPL Prepared by: TERACOR Resource Management 27555 Ynez Road, Suite 207 Temecula, California 92591 (951)694-8000 Contact: Samuel Reed, Principal Email: sam@teracor.net TERAC0-R7,J-5 RESOURCE MANAGEMENT 20 March 2014 IIIII II III II II III I I I I I II I IIIII I II 1r.11t eR 02 Exhibit D Preliminary Title Report [See Attached] IIIII II III I II II II IIII � IIIIII III I II II III ra, 0l,5S 4 £ sail`a Order Number: NCS-482440-ONTI Page Number: 1 Update 4 First American Title Company National Commercial Services 3281 E Guasti Road, Suite 440 Ontario, CA 91761 December 05, 2014 Dennis Fitzpatrick Pac Ten Partners 1689 Comstock Avenue Los Angeles, CA 90024-5300 Customer Reference: Parcel Map No. 35834 Title Officer: Kimberly Delpolito Phone: (909)510-6202 Fax No.: (877)461-2090 E-Mail: kdelpolito@firstam.com Owner: Zleders Road Business Park, Inc. Property: 33630 Zeiders Road, Menifee, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that It is prepared to issue, or cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms, The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhol A attached. The policy to be issued may contain an arbitration clause, When the Amount oflnsurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbltrated at the option of either the Company or the Insured as the exclusive remedy of the partles. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A, Copies of the policy forms should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) Is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby, If It is desired that liability be assumed prior to the Issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company 11111111111111111111111111111111111111111111111Ic 20141730 11/20 t4 t9 IRA Order Number: NCS-482440-ONTI Page Number; 2 Dated as of December 01, 2014 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Subdivision Guarantee A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof Is vested In: Zleders Road Business Park, Inc., a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: General and special taxes and assessments for the fiscal year 2014-2015 First Installment: $13,618.82, PAID Penalty: $0.00 Second Installment: $13,618.82, OPEN Penalty: $0, 00 Tax Rate Area: 026-018 A. P, No.: 384-150-008-7 Ia. General and special taxes and assessments for the fiscal year 2014-2015 First Installment: $15,102.19, PAID Penalty: $0.00 Second Installment: $15,102.19, OPEN Penalty: $0.00 Tax Rate Area: 026-018 A. P. No.: 384-150-009-8 First American Title Insurance Company �1 12.111 F14a ufl92�an Order Number: NCS-482440-ONTI Page Number: 3 lb. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: Penalty: Second Installment Penalty: Tax Rate Area: A. P. No,: $18,069.31, PAID $0.00 $18,069.31, OPEN $0.00 026-018 384-150-010-8 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, 3. This item has been intentionally deleted. 4. This item has been intentionally deleted. 5. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 92-1, as disclosed by Notice of Special Tax Lien recorded January 25, 1993 as Instrument No. 1993-28785 of Official Records, 6. Rights of the public in and to that portion of the land lying within public roads. 7. A right of way for ditches and canals as reserved by the United States of America in the patent recorded September 14, 1910 in Book 4 of Patents, Page 162. 8. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as set out in the patent recorded September 14, 1910 in Book 4, Page 162 of Patents, records of Riverside County, California. 91 An easement for the hereinafter specific purpose and incidental purposes, recorded July 23, 1924 as Book 183, Page 374 of Official Records. In Favor of: California Electric Power Company, a corporation, (successor to Southern Sierras Power Company and Nevada -California Electric Corporation) Affects: A portion of said land 10. This item has been intentionally deleted. 11. The effect of the relinquishment of abutters rights, including access rights appurtenant to and lying West of that certain highway conveyed to the County of Riverside by deed recorded in Book 837, page 363 of Official Records; also excepting and reserving to the grantor, her successors or assigns, the right of access to said freeway over and across the Northerly 20 feet of the Southerly 1863.77 feet of that certain line described in that deed from Zoruah E. Everett, a widow, to the State of California, recorded April 12, 1951 in Book 1261, page 389 of Official Records of Riverside County, California, and recorded on May 26, 1972 as Instrument No. 68955 of Official Records. 12. The effect of a declaration of dedication as shown by the owners certificate on said map, purporting to irrevocably dedicate in perpetuity for public road purposes, public utility and public services, the property described therein. First American Title Insurance Company IIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111111I111 t .1 gg o y9,�eR Order Number; NCS-482440-ONTI Page Number:4 The effect of a resolution executed by the Riverside County Board of Supervisors establishing Menifee Agricultural Preserve No, 3 Map 198, recorded February 14, 1972 as Instrument No. 19132 of Official Records of Riverside County, California. This item has been intentionally deleted, An easement for road, water line and incidental purposes, recorded July 23, 1974 as Instrument No. 92539 of Official Records, In Favor of: Affects; Eastern Municipal Water District A portion of said land An easement for pipe lines, roads, other purposes and incidental purposes, recorded July 23, 1974 as Instrument No. 92539 of Official Records. In Favor of: Affects: Eastern Municipal Water District A portion of said land 17. An easement for either or both pole lines, conduits or underground facilities and incidental purposes, recorded June 16, 1977 as Instrument No. 111253 of Official Records. In Favor of: General Telephone Company Affects: A portion of said land 20. 21, 22. 23. 24. An easement shown or dedicated on the map filed or recorded January 28, 1977 as Book 31, Page 50 of Parcel Map 8158 For: Public roads and incidental purposes. An easement for public utilities and incidental purposes, recorded August 13, 1978 as Instrument No. 171865 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: A portion of said land The effect of a notice of non -renewal of said contract dated April 1, 1986 and recorded April 17, 1986 as Instrument No. 86-88066 of Official Records of Riverside County, California. The terms and provisions contained in the document entitled "Resolution No. 99-102" recorded April 14, 1999 as Instrument No. 1999-158075 of Official Records. The terms and provisions contained in the document entitled "Resolution No, 2002-239" recorded July 12, 2002 as Instrument No. 2002-382637 of Official Records. The terms and provisions contained in the document entitled "Notice High Water Pressure Condition" recorded August 21, 2003 as Instrument No. 2003-641870 of Official Records. An easement for sewer and incidental purposes, recorded July 21, 2006 as Instrument No. 2006- 0535806 of Official Records. In Favor of: Eastern Municipal Water District, a municipal water district, its successor and assigns Affects: A portion of said land First American Title Insurance Company 111111111111111111111111111111111111111111111111111111111 r ;iti14 3 '1 a2i�H Order Number: NCS-482440-ONTI Page Number: 8 25. An easement for Sewer and incidental purposes, recorded July 21, 2006 as Instrument No. 2006- 0535806 of Official Records. In Favor of: Eastern Municipal Water District, a municipal water district, its successors and assigns Affects: As described therein 26. An easement for traffic signal maintenance and incidental purposes, recorded October 8, 2010 as Instrument No. 0485662 and March 3, 2011 as Instrument No. 2011-0098652 of Official Records, In Favor of: City of Menifee Affects: Said land 27. An easement for public road and utility purposes and incidental purposes, recorded October 8, 2010 as Instrument No. 2010-0485663 and March 3, 2011 as Instrument No. 0098653 of Official Records. In Favor of: City of Menifee Affects: Said land 28. An easement for traffic signal maintenance and incidental purposes, recorded March 3, 2011 as Instrument No. 2011-0098652 of Official Records. In Favor of: City of Menifee Affects: as described therein 29. An easement for public road, utility, drainage and incidental purposes, recorded March 3, 2011 as Instrument No. 2011-0098653 of Official Records. In Favor of: City of Menifee Affects: as described therein 30. The terms and provisions contained in the document entitled "Development Agreement' recorded December 26, 2013 as Instrument No. 2013-0594156 of Official Records. By and between The City of Menifee, Zelders Road Business Park, Inc. and Commerce Pointe II Menifee, Inc. 31. The land lies within the boundaries of proposed Community Facilities District No. 2014-2, as disclosed by a document recorded July 9, 2014 as Instrument No. 2014-0254527 and by a map filed July 9, 2014 in Book 77, Page 25 of maps of assessment and community facilities districts. 32. The terms and provisions contained in the document entitled "Notice of Project Restrictions" recorded July 30, 2014 as Instrument No. 2014-0285795 of Official Records. 33. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 2014-2 recorded August 14, 2014 as Instrument No. 2014-0308448 of Official Records. 34. The terms and provisions contained in the document entitled "Covenant' recorded September 5, 2014 as Instrument No. 0337200 of Official Records. 35. The terms and provisions contained in the document entitled "Covenant' recorded September 5, 2014 as Instrument No. 0337201 of Official Records. First Amencan Title Insurance Company IIIIIIIIIIII IIIIIIIII IIIIIIIIIII IIIIIIIIII t2„� F 4f 18A Order Number: NCS-482440-ONTI Page Number:6 36, The terms and provisions contained in the document entitled "Covenant" recorded September 5, 2014 as Instrument No. 0337202 of Official Records. 37. Covenants, conditions, restrictions and easements in the document recorded December 3, 2014 as Instrument No. 2014-0461068 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 38, Rights of parties In possession. Note: Prior to Issuing a subdivision guarantee, we require that a copy of the final map be provided to our office for review at least one month prior to scheduled approval by the governing body. INFORMATIONAL NOTES 1. The property covered by this report is vacant land. 2. This item has been intentionally deleted. 3, This Item has been intentionally deleted. 4. This item has been intentionally deleted, 5. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 6, This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only, it is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 7. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy, A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require, First American Title Insurance Company 111111111111111111111111111111111111111111111111111111111111111 �'6o �fi921 SA Order Number: NCS-482440-ONTI Page Number: 7 B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP -I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of Its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (ILC-1) and any certificate of correction (LLC-11), certificate of amendment (1-1-C-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (ILC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed In accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments First American Title Insurance Company IIIIIIIIIIIIIIIII III IIIIII IIII III III lI III iF lil¢81419yIPA Order Number: NCS-482440-ONT1 Page Number:8 thereto which designate the trustee and confer upon the trustee the power to act In the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: I. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company II� I� IIII IIII I I� I� IIII I III II� I II�A !II i 2, �14 0 4`f19: tpn Order Number: NCS-482440-ONT1 Page Number:9 LEGAL DESCRIPTION Real property in the City of Menifee, County of Riverside, State of California, described as follows: TENTATIVE PARCEL MAP NO. 35834, BEING A DIVISION OF THE FOLLOWING: DIVISION 1: PARCELS 1 AND 2 AND LOTS B, C AND D OF PARCEL MAP 8158, AS PER MAP RECORDED IN BOOK 31, PAGE 50 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. DIVISION 2: PARCEL A OF LOT LINE ADJUSTMENT NO, 05016 RECORDED ON JUNE 23, 2006 AS INSTRUMENT NO. 2006-0452652 OF RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 3 OF PARCEL MAP 8158, AS SHOWN IN BOOK 31 PAGE 50, INCLUSIVE OF MAPS AND A PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.B.M., AS DESCRIBED IN DEED RECORDED SEPTEMBER 30, 2005 AS INSTRUMENT NUMBER 2005-0813258, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD, AS SHOWN ON SAID PARCEL MAP 8158; THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL 3 AND THE CENTERLINE OF SAID ZEIDERS ROAD NORTH 00022'06" EAST A DISTANCE OF 440.41 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 89°26'00" EAST, A DISTANCE OF 1181.13 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH ALONG THE EASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP 8158, NORTH 02°03'20" EAST, A DISTANCE OF 311,14 FEET; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 2 NORTH 13025'35" WEST, A DISTANCE OF 133.33 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PARCEL 1 AS SHOWN ON SAID PARCEL MAP 8158; THENCE NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 1 NORTH 13°2535" WEST, A DISTANCE OF 253.52 FEET; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 1 NORTH 31020'06" EAST, A DISTANCE OF 226.27 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 89026'00" EAST, A DISTANCE OF 37.20 FEET; THENCE SOUTH 09059'30" WEST, A DISTANCE OF 210.15 FEET; THENCE SOUTH 12043'45" EAST, A DISTANCE OF 154.03 FEET; First American Title Insurance Company II II I II II I I III I I I I II is 191�2 of l' Order Number: NCS-482440-ONTI Page Number: 10 THENCE SOUTH 00024'17" WEST, A DISTANCE OF 950.00 FEET; THENCE SOUTH 05018'20" EAST, A DISTANCE OF 13.29 FEET; THENCE NORTH 89028'13" WEST, A DISTANCE OF 1252.15 FEET TO THE POINT OF BEGINNING. APN: 384-150-008-7 and 384-150-009-8 and 384-150-010-8 First American Title Insurance Company IIIIII II III II IIIII III III III III I A !III INit `F2` 1/P 4 to E{er, Order Number: NCS-482440-ONTI Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and Investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company 11111111II II II III II !II I I1 �I 12_ ©14f04IR MA Order Number; NCS-482440-ONTI Page Number: 12 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary Imes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereat; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (ill) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. - 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state In which the land Is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting In the insured the estate or interest Insured by their policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws, 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy. First American Title Insurance Company II II III II III II II I I II II l2:, ? cc U2 PF Order Number: NCS-482440-ONTI Page Number: 13 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown In parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rlghts, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or title to water. 6, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the Insured mortgage and not disclosed In writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance Is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4, Unenforceabllity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Polity, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons In possession thereof. 3, Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records, 5, Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE First American Title Insurance Company III II IIIIII II III II111111111111111IN !I t �'�E Df' 92 H Order Number: NCS-482440-ONTI Page Number: 14 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (111) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to assessments for street Improvements under construction or completed at date of policy); or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4. Unenforceability of the lien of the Insured mortgage because of the inability or fallure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state In which the land is situated. 5, Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or In part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (li) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (III) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1,992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Untalented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or First American Title Insurance II II IIIIIII I II II I�I I Company y0143fzeI7o2 Order Number: NCS-482440-ONTI Page Number: 15 any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (li) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1.992 WITH, REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3, Easements, claims of easement or encumbrances which are not shown by the public records. 4, Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions In Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described In items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears In the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title, FirstAmerican Title Insurance Company II II �I II i II II III I II I II 12;lf1.2D1-11015E Order Number: NCS-482440-ONTI Page Number: 16 Lack of a right: * to any land outside the area specifically described and referred to In Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks, 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. Improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15, 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17, 4. Risks: a, that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c, that result in no loss to You; or d, that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, 8.e., 25, 26, 27 or 28, 5. Failure to pay value for Your Title, 6. Lack of a right: a, to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown In Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk IS: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000,00 (whichever is less) .$25,000.00 Covered Risk 21: 1% of Polity Amount or $2,500.00 (whichever is less) $5,00000 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(1/01108) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (li) the character, dimensions, or location of any Improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. First American Title Insurance Company II II II �� I II II III I II III Is,']L�e 4192 0: I^n Order Number: NCS-482440-ONT1 Page Number: 17 (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8, 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 21, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury, or any consumer credit protection or truth -in -lending law, This Exclusion does not modify or limit the coverage provided In Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7, Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (III) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (a) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. S. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -In -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Public Records, This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). First Amerlcan Title Insurance Company III II II I I11 1111 I I II Ii Ili 111I [ .11I 12;IF11 26 ofI 92ILIA Order Number: NCS-482440-ONTI Page Number: 18 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 13 above are used and the following exceptions to coverage appear In the policy. SCHEDULE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (ill) the subdivision of land; or (Iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any Ilen on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer In the Public Records that vests Ttle as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS FIrstAmencaln Title -Insurance Company II II I I II III A I IA I t � I II tz -, 77 op 92 Order Number: NCS-482440-ONTS Page Number: 19 When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear In the policy, SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land. 3, Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company III IIIIIIIIIII IIII III illy IIIIIIIIIIIII t . �'2u of 92iPA Exhibit E Depiction of Mitigation Areas within Easement Area [See Attached] IIIIII IIIIII� IIII IIIII Ilf IIIII! IIIIIII III Ilfllf III IIII 1z, 11 O14103 I en a qq:� a _ __ MSV3 NOUVA83SWO\lViN3_ _m .. », )E \ \ |§ a \ !E § § z § _ : 2 AVM _,-NnvH j ; e !E §� _ < ■ / B \ | _m_ , 0 !<, :|§ ° �}( § \ . �} ;,__ _ > \\(( .=rr� /§ u s. *c�,iLGJMa �\\ ; / �(\ Ld Cl- LLJ LU CL . IL -- �. ..--------------- Exhibits F-1 and F-2 Major, Distinct Natural Features and Encumbrances within Easement Area [See Attached] »,a § yw § j\§ § ~ A § ) m _, _tee, ■ ` / } §\\ }\ z` \}\\ .\ »c wg±± �\} - x Li Of Ld avo gam ms fi/O[/6 amorviwox vra wurnunxoa va-q-vc<i4wnarriaurnusrim\niwmwwrAvimim\axMowa\v��ww�\riraA�x HIM GLZ 31t/1SH31NI 3NId ,,id3d02Id- OOZ=.I 3ltlJS W z r Of Of w 0 0 Of CL Exhibit G Annual Inspection Report Form [See Attached] II II I IIIII III I I III II II I II 12/11,2a 4f10: 1P.R Exhibit G Annual Inspection Report Form PART I — EASEMENT MANAGEMENT ACTIVITIES PART I — EASEMENT MANAGEMENT ACTIVITIES Time period covering dd/mm/yy to dd/mm/yy 1. CHECK FOR USE OF EASEMENT AREA INCONSISTENT WITH THE TERMS OF THE ❑ CONSERVATION EASEMENT (See Part II): Date(s) Performed: Corrective Action/Response Taken: Additional 1111111II I I II III I I I II I I I I II �z;�`�' 85 qE1sA PART II PROHIBITED ACTIVITIES (Circle One) NOT 1. Unseasonable or Supplemental OBSERVED OBSERVED N/A watering except for habitat enhancement activities described in Section 8(b) or the Mitigation Plan. (If observed, describe corrective action or response taken) NOT 2. Use of herbicides, pesticides, OBSERVED OBSERVED N/A biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species as allowed in Section 8(c). (If observed, describe corrective action or response taken) NOT 3. Incompatible fire protection OBSERVED OBSERVED N/A activities except emergency fire suppression set forth in Section 8. IIIIIIIIII IIII IIIIII IIIIIIIIIII 2014-0473190 q2 (If observed, describe corrective action or response taken) NOT 4. Use of off -road vehicles and use OBSERVED OBSERVED N/A of any other motorized vehicles except on existing roadways. (If observed, describe corrective action or response taken) NOT 5. Grazing or other agricultural OBSERVED OBSERVED N/A activity of any kind. (If observed, describe corrective action or response taken) NOT 6. Recreational activities including, OBSERVED OBSERVED N/A but not limited to, horseback riding, biking, hunting or fishing. (If observed, describe corrective action or response taken) NOT 7. Residential, commercial, retail, OBSERVED OBSERVED N/A institutional, or industrial uses. (If observed, describe corrective action or response taken) III II11111 II 1 III 11111 III III III 11111 p112r2018 a oF31 2 NOT 8. Any legal or de facto division, OBSERVED subdivision or partitioning of the Easement Area. (If observed, describe corrective action or response taken) NOT 9. Construction, reconstruction or OBSERVED placement of any building, road, wireless communication cell towers, or any other structure or improvement, except as provided for in Section 8, or any billboard, fence, Access Gates, or sign except those signs specifically allowed under Section 7(e) and fence and Access Gates under Section 7(d). (If observed, describe corrective action or response taken) NOT 10. Dumping soil, trash, ashes, OBSERVED refuse, waste, bio-solids, garbage or any other material. (If observed, describe corrective action or response taken) OBSERVED N/A OBSERVED N/A OBSERVED N/A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ie,01s�of3;��PR 11. Planting, gardening, or introduction or dispersal of non-native plant or animal species. NOT OBSERVED OBSERVED N/A (If observed, describe corrective action or response taken) NOT 12. Filling, dumping, excavating, OBSERVED draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Easement Area. (If observed, describe corrective action or response taken) NOT 13. Altering the general topography OBSERVED of the Easement Area, including but not limited to building of roads, trails, and flood control work; except as permitted by the Agency Approvals, or as necessary to implement the Mitigation Plan, or any right reserved in Section 8, or Section 18. (If observed, describe corrective action or response taken) OBSERVED N/A OBSERVED N/A 1111111111111111111111111111111111111111111111111111111 to2E189'`f 92 NOT 14. Removing, destroying, or OBSERVED OBSERVED N/A cutting of trees, shrubs or other vegetation, except for (i) emergency fire breaks as required by fire safety officials as set forth in Section 8(e), (ii) prevention or treatment of disease, (iii) control of invasive species which threaten the integrity of the habitat, (iv) completing the Mitigation Plan, or (v) activities described in Sections 5-8, or Section 18; provided that activities under numbers (ii), (iii), and (v) in this subparagraph may occur only after prior consultation with Grantee. (If observed, describe corrective action or response taken) NOT 15. Manipulating, impounding or OBSERVED OBSERVED N/A altering any natural watercourse, body of water or water circulation on the Easement Area, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters or altering the design hydrology for the linear mitigation swale identified on Exhibit "E". 1111111111111111111111111111111111111111111111111111111 t ; tia@i rfta20RF (If observed, describe corrective action or response taken) NOT 16. Creating, enhancing, and OBSERVED OBSERVED N/A maintaining fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression) or other activities that could constitute fuel modification zones. (If observed, describe corrective action or response taken) NOT 17. Without the prior written OBSERVED OBSERVED N/A consent of Grantee, which Grantee may withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral rights or water rights for the Easement Area; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the Easement Area. Itllll �lIIIII IIII IIIII Itt IIIIII IIIIIII III IIIIIII II INi�.ct14 0 4 r s2iaH (If observed, describe corrective action or response taken) NOT 18. Creation of any encumbrance OBSERVED OBSERVED N/A superior to this Conservation Easement, other than those encumbrances set forth in Exhibit "E" hereto, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the Easement Area which will affect the Conservation Values of the Easement Area. (If observed, describe corrective action or response taken) NOT 19. Any and all other activities and OBSERVED OBSERVED N/A uses which may adversely affect the Purpose of this Conservation Easement. (If observed, describe corrective action or response taken) Additional IIIIII IIIIIII ���� IIIII ��� ������ IIIIIII III HIM II IN 1211�1��92 ��I£1���NFl