HomeMy WebLinkAboutRES CC 2025 4316 2025 0507 RESOLUTION NO. 2025-4316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, GRANTING A TEMPORARY
CONSTRUCTION EASEMENT TO RWC HITCH RANCH,
LLC TO ENTER INTO AND PERFORM CERTAIN
CONSTRUCTION AND IMPROVEMENT WORK ON
APPROXIMATELY 23.33 ACRES OF CITY-OWNED
PROPERTY TO RESTORE AND ENHANCE HABITAT FOR
THE BENEFIT OF SENSITIVE SPECIES IN COMPLIANCE
WITH THE HABITAT CONSERVATION PLAN FOR THE
HITCH RANCH SPECIFIC PLAN PROJECT AND MAKING
FINDINGS OF CONSISTENCY WITH THE FINAL
ENVIRONMENTAL IMPACT REVIEW (FEIR) UNDER CEQA
IN CONNECTION THEREWITH
WHEREAS, the Hitch Ranch Specific Plan Project is a planned community
consisting of 755 residential units, approximately 29 acres of natural open space, a 7-
acre public park and 7-acre passive park, as well as roadways, storm water, and detention
facilities on 277 acres of property (the Project); and
WHEREAS, on June 15, 2022, the City Council adopted Resolution No. 2022-
4104, approving the Project by certifying the FEIR for the Hitch Ranch Specific Plan,
including the Mitigation Monitoring and Reporting Program, adopting CEQA Findings of
Fact, adopting a Statement of Overriding Considerations pursuant to CEQA and
approving Specific Plan 2019-01, General Plan Amendment 2020-01, and Tentative Tract
Map for Tract No. 5708 (2019-01); and
WHEREAS, on July 6, 2022, the City Council adopted Ordinance No. 502
approving Zone Change 2019-01 and Development Agreement No. 2019-01. The
Development Agreement was executed and dated September 13, 2022, and recorded on
September 22, 2022; and
WHEREAS, the Project and its conservation measures are the subjects of a
Habitat Conservation Plan (HCP) which was prepared and dated October 2024 which
HCP was required in order for the Applicant to apply for and obtain approval from the U.S.
Fish and Wildlife Service of the United States Department of the Interior; and
WHEREAS, the HCP was prepared to mitigate some of the biological impacts of
the Project, including the Project's impact to habitat for the federally threatened, coastal
California gnatcatcher (Polioptila californica californica, CAGN); and
WHEREAS, the HCP requires the Applicant to place conservation easements over
approximately 29.44-acres of the 277.30-acre Project Site, referred to as the Hitch Ranch
Habitat Preserve (Habitat Preserve). However, to fully mitigate for the loss of habitat, the
Habitat Preserve will also apply to an additional 23.33-acre enhancement area on
adjacent open space parcels (APNs: 502-016-008 and 502-016-009) owned by the City.
Resolution No. 2025-4316
Page 2
The combined Habitat Preserve areas inside the Project and outside the Project (and on
City-owned land) will comprise of a total of 52.77 acres; and
WHEREAS, pursuant to terms of provision of that HCP, the Applicant needs the
City to not only include the approximate 23.33 acres of City-owned open space land into
the Habitat Preserve, but to also (a) grant to the Applicant a Temporary Construction
Easement (TCE) to permit the Applicant to enter into that City-owned land to make the
habitat improvements, and (b) have the City permanently protect and preserve that area
through a Conservation Easement. In addition, the Applicant and City will need to enter
into a subsequent agreement with a qualified non-profit land manager to manage the
Conservation Easement area and the Applicant will establish an endowment fund to cover
the long-term costs of carrying out the tasks in the Habitat Conservation Plan and its long
term management plan; and
WHEREAS, approval and execution of the TCE will permit the Applicant to begin
the work of habitat enhancement and restoration in the TCE Area which is one of the
steps required in order to carry out the construction of the Project; and
WHEREAS, the environmental impacts of the Project were evaluated in a FEIR
that analyzed the Project and its impacts to various environmental resources. The FEIR
was certified by the Moorpark City Council on June 15, 2022. No further environmental
review is required in connection with the approval of the TCE, including pursuant to Public
Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15163 because
(i) the Project will not have new or substantially more severe impacts than what was
disclosed in the FEIR; (ii) all applicable mitigation measures in the FEIR remain applicable
to the Project and have already been imposed on the Project as a condition of CUP
approval; and (iii)the Project will not require any new mitigation measures and all potential
environmental impacts associated with the Project are adequately addressed by the
FEIR, and the mitigation measures contained in the MMRP will reduce those impacts to
a level that is less than significant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds the recitals to be true and correct.
SECTION 2. The City Council, in its independent judgment concurs in staffs
determination that no further environmental review is required for the approval of the TCE,
including pursuant to Public Resources Code Section 21166, or CEQA Guidelines
Sections 15162 or 15163 because (i) the Project will not have new or substantially more
severe impacts than what was disclosed in the FEIR; (ii) all applicable mitigation
measures in the FEIR remain applicable to the Project and have already been imposed
on the Project as a condition of discretionary entitlement approval; and (iii) the Project will
not require any new mitigation measures and all potential environmental impacts
associated with the Project are adequately addressed by the FEIR, and the mitigation
Resolution No. 2025-4316
Page 3
measures contained in the MMRP will reduce those impacts to a level that is less than
significant.
SECTION 3. The City Council hereby approves the Temporary Construction
Easement, attached hereto and incorporated herein by reference as Exhibit A to this
Resolution, with modifications to Exhibit A (Easement Area Legal Description) of this
Resolution as necessary to maintain an existing north to south trail connection at the
westerly portion of the proposed easement, subject to the approval of the Community
Development Director.
SECTION 4. The City Manager is authorized to execute the Temporary
Construction Easement.
SECTION 5. The City Council directs the City Clerk to file and Record the
Temporary Construction Easement with the Ventura County Recorder's Office.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of May, 2025.
Are
Chris R. Enegren, Mayor
ATTEST. oP 1ao
o� 9
Ky Spa ,qler, Ci lerk `�� .�
C9q T fD , 0
Exhibit A - Temporary Construction Easement
Resolution No. 2025-4316
Page 4 EXHIBIT A
RECORDING REQUESTED BY:
City of Moorpark
Community Development Department
323 Science Drive, Suite
Moorpark, CA 93021
WHEN RECORDED RETURN TO:
City Clerk
City of Moorpark
323 Science Drive, Suite
Moorpark, CA 93021
(SPACE ABOVE FOR RECORDER'S USE ONLY)
APN:
The Undersigned Grantor Declares:
Recording Fee:Exempt(California Government Code Section 27383
Documentary Transfer Tax:Exempt(Revenue and Taxation Code Section 11922)
TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT
(Easement in Gross)
THIS TEMPORARY CONSTRUCTION EASEMENT ("Agreement") is made as of
, by and between CITY OF MOORPARK, a municipal corporation
("Grantor") and RWC HITCH RANCH, LLC, a Delaware Limited Liability Company
("Grantee"). Grantor and Grantee are, from time to time, hereinafter referred to in this
Agreement individually as a "Party" and collectively as the "Parties." Any reference to the
Grantor and Grantee shall mean and include their respective successors and assigns.
RECITALS
A. Grantor is the owner of certain real property located in the City of Moorpark
("City"), Ventura County ("County"), California described in Exhibit 1 of this Agreement,
attached hereto and incorporated herein by this reference as if set forth in full (the "Grantor
Property").
B. Grantee is the owner of an equitable interest with respect to certain real property
within the City described in Exhibit 2 of this Agreement, attached hereto and incorporated herein
by this reference as set forth in full ("Grantee's Property"), which property has been entitled
for development and is subject to and benefiting from Residential Planned Development Permit
2019-01.
C. In connection with Grantee's development of Grantee's Property, Grantee is
required to perform certain construction and improvement work on and about the Grantor
Resolution No 2025-4316
Page 5
Property for purposes of restoring and enhancing habitat for the benefit of sensitive species and
natural communities on the Grantor Property (as more specifically described in Exhibit 3) (the
"Improvements").
D. Grantee requires a temporary construction easement on the portion of the Grantor
Property as shown in Exhibit 4 (the "Easement Area") in order to make, construct and install
the Improvements on the Easement Area, in accordance with the terms of this Agreement.
E. This Agreement is intended to establish temporary access, grading and
construction rights for Grantee to and over the Easement Area, in order to complete the
Improvements and to access the Easement Area with persons and equipment to make, construct
and install the Improvements on the Easement Area on Grantor's Property.
F. Grantor has agreed to grant to Grantee a temporary construction easement in gross
as described herein in order to permit Grantee (and its express successors or assigns)to complete
the Improvements within the Easement Area and to provide for the grant of a permanent
Conservation Easement over the Easement Area.
NOW,THEREFORE, for valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
I. Grant of Temporary Grading and Construction Easement. Grantor hereby grants Grantee
a non-exclusive temporary easement to enter upon the Easement Area for the purposes of
making, constructing, and installing the Improvements. Grantee and Grantee's
employees, agents, consultants, contractors, subcontractors and other entities who are
contracted by Grantee to carry out the work of designing, making, constructing and
installing the Improvement ("Designees") are authorized to use the Easement Area for
performance of the Improvements, ingress and egress, a work area for construction
activity, and to temporarily store equipment, soil, supplies, vehicles, and similar
construction-related uses related solely to the work expressly permitted to be performed
as provided in this Agreement and as necessary to make, construct and install the
Improvements. All of Grantee's rights to perform construction of the Improvements
within the Easement Area are referred to in this Agreement as the "TCE Easement."
2. Improvements. The Improvements to be performed by Grantee and Grantee's Designees
shall include all of the work as shown on Exhibit 3, attached hereto and incorporated
herein by this reference, and all the work referred to in that Exhibit.
3. Permits. Grantee shall be responsible for securing and maintaining all necessary permits
and approvals from other appropriate local, state and federal agencies for the TCE
Easement and the Improvements, and Grantee shall comply with all applicable laws and
regulations concerning the use of the TCE Easement. All work shall be conducted in
conformance with the standards imposed by the City and by other governmental agencies
with regulatory jurisdiction over the Improvements.
4. Indemnification. Grantee will indemnify,defend and hold Grantor harmless from any and
all liability for loss, damages, costs, expenses, demands, causes of action, claims or
judgments, to the extent arising from or arising out of or in any way connected with the
entry, access and use of the Easement Area and the TCE Easement by said Designees in
Resolution No. 2025-4316
Page 6
connection with the exercise of the rights of the Designees under this grant of easement
or any breach of Grantee's or Grantee's Designee's obligations under this grant of
easement, and will reimburse Grantor for all reasonable costs, expenses and losses,
including reasonable attorneys' fees, incurred by Grantor in consequence of any claims,
demands and causes of action that may be made or brought against Grantor to the extent
arising out of the entry on and use of the Easement Area by said Designee in connection
with the constructing or installing Improvements or any breach of Grantee's or its
Designee's obligations under this grant of easement.
5. Insurance. Prior to entry onto the Easement Area, Grantee will cause Grantee's contractor
for the Improvements to procure and maintain a policy of commercial general liability
insurance issued by an insurer reasonably satisfactory to Grantor covering the use by and
activities of Grantee's Designees with a single limit of liability (per occurrence and
aggregate)of not less than $2,000,000, and to deliver to Grantor a certificate of insurance
and copy of additional insured endorsement naming Grantor as named additional insured,
evidencing that such insurance is in force and effect, and evidencing that Grantor has
been named as an additional insured thereunder with respect to the use by Grantee's
Designees of the TCE Easement. Such insurance will be maintained in force throughout
the term of this TCE.
6. No Liens. In consideration for the use of the Easement Area, Grantee will keep the
Easement Area and Grantor's Property free of any liens, including without limitation,
liens by contractors, subcontractors, suppliers, engineers, architects, surveyors, or others
that may have lien rights for work arising out of Grantee's use of the Easement Area in
connection with the construction and installation of the Improvements. If any such lien is
filed on the Easement Area or any portion of Grantor's Property in connection with
Grantee's use of the Easement Area for the Improvements, Grantee will, at its sole cost
and expense, have the lien released and discharged, or bonded over in a matter
satisfactory to Grantor within 45 calendar days of receiving notice of the lien. If Grantee
fails to remove the lien or procure a bond with respect to such lien within such 45-day
period, Grantor will have the right to remove or bond over the lien, and Grantee, upon
demand, will reimburse the Grantor for all reasonable costs and expenses, including
without limitation, reasonable attorneys' fees incurred by Grantor in connection with
such removal or bond.
7. Term and Termination of TCE Easement. The rights granted to Grantee with respect to
the TCE Easement shall commence on the date that is fifteen (15) days after Grantee
provides to Grantor a written notice of commencement of the Improvements within the
Easement Area (the "Notice of Commencement"), and shall expire on the first to occur
of(a) five (5) years after the date of the Notice of Commencement, (b) upon recordation
of the Conservation Easement as provided in Section 5 below, (c) five (5) years after the
Effective Date of this Agreement, or (d) the date on which Grantee notifies Grantor in
writing that the Improvements are complete and Grantee no longer needs the TCE
Easement.
8. Notice and Cure. During the term of the TCE Easement, Grantor shall provide Grantee
with notice of any default of its obligations under this Agreement and Grantee shall have
Resolution No. 2025-4316
Page 7
thirty (30) days to commence to cure any such default from the date of such notice and
Grantee shall diligently proceed to complete such cure thereafter (excluding any default
that threatens immediate loss of life or property damage, as to which no notice and cure
period shall apply).
9. Conservation Easement. In addition to the TCE, upon the request of Grantee, Grantor
shall enter into a conversation easement for the benefit of a qualified entity with respect
to the Easement Area (the "Conservation Easement"), in substantially the form of
Exhibit 5 hereto, provided that as a condition to such obligation, the Conservation
Easement shall provide that the Grantee is responsible for, and shall bear all costs
associated with, the operation, upkeep and maintenance of the Improvements installed by
Grantee under this Agreement, that Grantee shall indemnify Grantor to the same extent as
provided for in this Agreement, and Grantee shall provide evidence reasonably
satisfactory to Grantor with respect to an agreement with a qualified entity to serve as
land manager and an agreement to provide the endowment required for the long term
management of the property subject to the Conservation Easement.
10. Covenants Running With the Land. Each and all of the covenants, conditions,easements,
and restrictions set forth in this Agreement (i) shall run with the land comprising the
Easement Area and every portion thereof; (ii) shall be enforceable as equitable servitudes
against the servient tenement pursuant to applicable law; (iii) shall run to the benefit of
Grantee and its permitted successors and assigns with respect to this Agreement.
11. Assignment. Grantee shall have the right to assign its rights under this Agreement to any
successor owner of the Grantee's equitable interest with respect to Grantee's Property.
12. Subordination. The easement created by this Agreement shall be superior to any and all
deeds of trust, mortgagees, liens, ground leases, licenses, covenants or encumbrances
affecting the Grantor Property recorded after the recordation of this Agreement, or any
memorandum of this Agreement, and this Agreement shall survive the foreclosure or
termination of any such instruments or interests.
13. No Partnership. Nothing contained in this Agreement shall be construed as making
Grantor and Grantee a joint venture or partnership.
14. Integration. This Agreement, including exhibits, contains and integrates the entire
agreement of the parties with respect to the subject matter thereof, and supersedes all
negotiations and previous agreements, if any, between the parties with respect thereto.
15. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. Any and all legal actions brought to
enforce or interpret the terms and provisions of this Agreement shall be commenced
exclusively in a court of competent jurisdiction in the County of Ventura.
16. Severability. If any term, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining terms,
covenants and conditions shall continue in full force and effect.
17. Attorneys' Fees and Costs. In the event any legal-proceedings are initiated by a party
hereto for enforcement of this Agreement, the prevailing party in such proceeding, or the
non-dismissing party where the dismissal occurs other than by reason of a settlement,
shall be entitled to recover its costs and expenses(including without limitation reasonable
Resolution No. 2025-4316
Page 8
attorneys' fees) paid or incurred in good faith, including costs and fees of any post
judgment enforcement or collection proceedings.
18. Notices. Any notice, consent or approval required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given upon (i) hand
delivery, (ii) one business day after being deposited with Federal Express or another
reliable overnight courier service for next day delivery, (iii) upon PDF transmission by
email (except that if the date of such transmission is not a business day, or if such
transmission is made after 5:00 p.m. on a business day, then such notice shall be deemed
to be given on the first business day following such transmission), or (iv) two business
days after being deposited in the United States mail, registered or certified mail, postage
prepaid,return receipt required,and addressed as follows:
If to GRANTOR:
City of Moorpark
Attn. City Clerk
323 Science Drive
Moorpark, CA 93021
If to GRANTEE:
RWC Hitch Ranch, LLC
3760 Kilroy Airport Way, Suite 130
Long Beach, CA 90806
With a copy to:
Robert Miller, Esq.
Lubin Olson &Niewiadomski, LLP
The Transamerica Pyramid
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
or such other address as either Owner may from time to time specify in writing to the
other.
[SIGNATURES ON NEXT PAGE]
Resolution No. 2025-4316
Page 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
"Grantor"
CITY OF MOORPARK
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
RWC HITCH RANCH, LLC,
a California limited liability company
By:
Robert Comstock,
RWC Hitch Ranch, LLC, Its: Authorized signer
Resolution No. 2025-4316
Page 10
A notary public or other officer
completing this certificate verifies
only the identity of the individual
who signed the document to which
this certificate is attached, and not
the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA )
)SS.
COUNTY OF )
On , 20 , before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s)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 of Notary Public
Resolution No. 2025-4316
Page 11
A notary public or other officer
completing this certificate verifies
only the identity of the individual
who signed the document to which
this certificate is attached, and not
the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On , 20_, before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s),or the entity upon behalf of which the person(s) 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 of Notary Public
Resolution No. 2025-4316
Page 12
Exhibit I
GRANTOR PROPERTY LEGAL DESCRIPTION
All that certain real property situated in the County of Ventura, State of California. described as
follows:
Lot H of Tract No. 5137-1, in the City of Moorpark, County of Ventura, State of California, as per
Map filed in Book 157, Pages 24 through 40, inclusive of Miscellaneous Records, amended by
Certificate of Correction recorded October 27, 2003 as Instrument No. 2008-153070 and by
Certificate of Correction recorded November 20, 2020 as Instrument No. 2020-00198661 both of
Official Records, in the Office of the County Recorder of said County.
EXCEPT one half of all coal, oils, petroleum,and kindred substances and natural gas but without
the right of entry as reserved by Carol Robert Investments, Inc., a Corporation, in deed recorded
July 26, 1957, Book 1537, Page 54 of Official Records.
ALSO EXCEPT an undivided one-half interest in all oil, gas and other hydrocarbons and minerals in
said land now or at any time hereafter, as reserved by Bank of America National Trust and Savings
Association, in deed recorded November 1, 1941, book 646, page 589 of Official Records.
The right to the use and occupancy of the surface of said land and for a distance of not more than
500 feet in depth. was relinquished by Capital Company, Successor in Interest to Bank of America
National Trust and Savings Association, by Quitclaim Deed recorded August 29, 1960 as Document
No. 35311, in book 1904, page 403 of Official Records.
ALSO EXCEPT the interest reserved by Rancho Campana, Inc., a California Corporation, in the deed
from Dean Martin, recorded April 14, 1973, in book 5094, page 16 of Official Records,as follows:
"RESERVING the Grantor's right, title and interest in and to an undivided one-fourth interest in all
oil, gas, and other hydrocarbons and minerals in said land now, or at any time hereafter if any,
without, however, the right of surface entry above a depth of 500 feet."
APN: 502-0-160-085 and 502-0-160-095
Resolution No. 2025-4316
Page 13
Exhibit 2
GRANTEE PROPERTY LEGAL DESCRIPTION
Resolution No. 2025-4316
Page 14
All that certain real property situated in the County of Ventura, State of California, described as
follows:
PARCEL 1:
Lots 14 and 16 and that portion of Lots 22 and 23, Fremont Subdivision of Rancho Simi, in the City
of Moorpark, County of Ventura, State of California, as per map recorded in Book 3. Paae a of
Maps, in the Office of the County Recorder of said County, lying Northerly of the right of way of the
Southern Pacific Railroad 100 feet wide, as described In deed recorded in Book 58, Page 590 of
Deeds.
Assessor's Parcel No: 511-0-020-170
PARCEL 2:
Part of Tract"S"and "T" of part of Tract"L"of Rancho Simi, in the City of Moorpark, County of
Ventura, State of California, as per map showing the Townsite of Moorpark and Lands of Madeline
R. Poindexter, a Re-Subdivision of Fremont Tract, as per map recorded in Book 5, Page S of Maps,
in the Office of the County Recorder of said County, described as follows:
Beginning at a point which is common to the Northeast corner of Lot"S"and the Northwest corner
of Lot"T'; thence, from said point of beginning.
15t: South 89°55'West 1320 feet along the North line of said Lot"S"to the Northeast corner of
that certain Parcel of land conveyed to William Hedges, by deed dated March 3, 1909,
recorded in Book 117, Page 217 of Deeds; thence,
2nd: South 1964.16 feet along the East line of said lands of William Hedges to the Northwest
corner of Lot 14, as shown on map entitled "Map of Fremont"a Subdivision of Lot"L"of the
Rancho Simi, Ventura Co., Cal."And recorded in Book 3, Page 39 of Maps; thence at right
angles,
3rd: East 1320 feet along the North line of said Lot 14, to a point in the boundary line between
said Lots"S"and "T"; thence, at right angles,
4th: South 660 feet along the boundary line between Lots 14 and 16 of said Fremont Tract, and
Tract"T"above described to the Southeast corner of said Lot 16 of said Fremont Tract;
thence at right angles,
5th: West 330 feet along the South line of said Lot 16 to the Northeast corner of Lot 23 of said
Fremont Tract; thence, at right angles,
6ei: South 429.66 feet along the East line of Lot 23 to a point in the North line of the right of
way of the Southern Pacific Railroad; thence along same,
70: Easterly along a curve to the right (the long chord of which bears North 88°37" East)
330.66 feet to a point; thence,
Resolution No. 2025-4316
Page 15
8th: East 990 feet along the North line of said railroad right of way to the Southwest corner of
that certain Parcel of land conveyed to Alice N. Graham, by deed dated October 25, 1911
and recorded in Book 130, Page 33 of Deeds; thence, still along the North line of the right
of way of the Southern Pacific Railroad,
9th: East 588.06 feet to the Southwest corner of that certain Parcel of land as conveyed to
Leonard C. Elver and Nellie B. Elver, his wife, by deed dated January 7, 1931, recorded in
Book 340, Page 198 of Official Records; thence along the West and North lines of the lands
so conveyed,
10th: North 696.96 feet to a 1 rh" X 6" pipe; thence,
11th: North 61°30' East 258.72 feet to a 2 X 66" pipe; thence,
12th: North 2230.14 feet to a point In the North line of said Tract"T" in the South line of Lot 32,
as the same is shown on Map entitled "Map of the Vallette Tract, being a Subdivision of Lot
2 of Block "L"of Rancho Simi, Ventura Co., Cal."And recorded In Book 3, Page 41 of Maps,
and at the Northwest corner of the lands conveyed to Maxwell W. Wright, by deed dated
September 10, 1914 recorded in Book 144, Page 283 of Deeds; thence,
13th: South 89°53'West 1805.166 feet along the South line of Vallette Tract, and along the
North line of Tract"T" to the point of beginning.
Except those portions of land described as Estates 1, 2 and 3 in the Final Order of Condemnation,
Case No. SC 16973, Superior Court of California, County of Ventura, a certified copy of which
recorded December 18, 1997 as Document No. 97-172929 of Official Records.
Assessor's Parcel No: 511-0-020-110, 130, 160, 180
PARCEL 3:
Portions of Lot"R" and "S" as shown on Map of a Part of Tract"L"of the Rancho Simi, in the City of
Moorpark, County of Ventura, State of California, as per map recorded in Book 5, Page 5 of Maps,
in the Office of the County Recorder of said County described as a whole as follows:
Beginning at a point on the West line of said Lot"5" distant North thereon 660 feet from the
Southwest corner of said Lot"S"' thence along the West line of Lots"S" and "R",
1st: South 1617 feet to the North line of the 100-foot right of way of the Southern Pacific
Railroad; thence, along said North line,
2nd: North 76°10'East 1703.46 feet to the Southeast corner of said Lot"R"; thence along the
East line of said Lot"R",
3rd: North 551.76 feet to the Northeast corner of said Lot"R"; thence,
4th: West along the North lines of said Lot"R", 330 feet to the Southwest corner of Lot 16 of
F,enrunl TiaLl, as NCi map teLuIJed in [Souk 3, Pa4e 39 of MaFrS, in the OfnLe of lire Cuunly
Recorder of said County; thence,
5t": North along the West line of Lots 16 and 14 of said Fremont Tract, 660 feet to the
Northwest corner of said Lot 14; thence,
6th: West 1320 feet to the point of beginning.
Except the interest in a strip of land 40 feet wide, as granted to Ventura County for"road
purposes" in deed recorded in Book 127, Page 326 of Deeds.
Resolution No. 2025-4316
Page 16
Also except one half of all mineral, oil, gas an other hydrocarbon substances in and under said land
without, however, any right of surface entry or any right of entry in and to the subsurface thereof
at a depth of less than 500 feet beneath the surface of Official Records the development or removal
of said substances, as reserved by Sena Bauer, a life estate, Walter W. Bauer, Charles E. Bauer,
Ellen Regina Bauer, Frances D. Arbogast Mericle, who acquired title as Frances B. Arbogast and
Serena H. Bauer Cox, who acquired title as Serena H. Bauer, in deed recorded September 12, 1961
in Book 2045, Page 334 of Official Records.
Assessor's Parcel No: 511-0-020-195
PARCEL 4:
The East half of the Southeast Quarter of Section 6, Township 2 North, Range 19 West, Rancho
Simi, in the City of Moorpark, County of Ventura, State of California, as shown on map entitled
"Map of the Land of Rancho Simi, in Ventura and Los Angeles counties, California", and recorded in
Book 3, Page 7 of maps, in the Office of the County Recorder of said County, and particularly
described as follows:
Beginning at a point in the centerline of that certain public road, 60 feet wide, locally known as and
called "Los Angeles Avenue"at the corner common to Sections 5, 6, 7 and 8 of Township 2 North,
Range 19 West, Rancho Simi, as shown on the above described map, said point of beginning being
the Southwest corner of Tract"Q" as shown on map entitled "Map of Part of Tract"L"of Rancho
Simi, Ventura County, California, showing the Townsite of Moorpark and Lands of Madeleine R.
Poindexter, a Re-Subdivision of Fremont Tract"and recorded In Book 5, Page 5 of Maps, in the
Office of the County Recorder of Ventura County; thence, from said point of beginning,
ist: North 2640 feet to the Southeast corner of Lot 56 of Vallette Tract, as per map recorded in
Book 3, Page 41 of Maps, in the Office of the County Recorder of said County; thence, at
right anglkc,
2nd: West 1320 feet to the Southwest corner of said Lot 56 of Vallette Tract, at the Northeast
corner of that certain Parcel of land, conveyed to Mary Frances Estes, by deed dated
October 22, 1902 and recorded in Book 87, Page 120 of Deeds; thence at right angles,
3rd: South 2640 feet along the East line of said lands of Mary Frances Estates to a point in the
centerline of said Los Angeles Avenue; thence, along same,
4th: East 1320 feet to the point of beginning.
Except that portion lying Southerly of the Northerly line of that certain strip 100 feet wide
described in the deed to the Southern Pacific Railroad Company, recorded November 13, 1899 in
Book 58, Page 596 of Deeds.
Also except that portion lying within that certain strip 345 feet wide described in deed to Southern
California Edison Company, recorded October 22, 2010 as Instrument No. 20101022-00163068 of
Official Records.
A�SCS40I'O Poiccl Nv. 511-0-200-245
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Exhibit 3
DESCRIPTION OF THE IMPROVEMENTS
Work required to perform the Improvements are contained in the Native Habitat Restoration Plan
for Hitch Ranch Specific Plan Project, prepared by Rincon Consultants. Inc., dated May 2024
(copy available from the Community Development Department, City of Moorpark, 323 Science
Drive, Moorpark, California 93021). The principal requirements of that Plan are set forth on
succeeding pages of this Exhibit.
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Habitat Conservation Plan
9 Habitat Conservation Plan
This HCP has been prepared to support the development of approximately 277.30 acres of land
owned by the Applicant located in the City of Moorpark,Ventura County,California.The purpose of
the HCP Is to mitigate the impacts to 20.43 acres of native scrub habitat through the
Implementation,long-term management,and conservation of 52.77 acres of CAGN habitat In the
Habitat Preserve.The Applicant will be responsible for carrying out all conservation measures in this
HCP.
9.1 Avoidance, Minimization, and Mitigation Measures
Section 10 of the Federal ESA requires that all applicants submit an HCP to"minimize and mitigate"
the impacts of take authorized by an ITP,and that issuance of the permit will not"appreciably
reduce the likelihood of the survival and recovery of the species In the wild'(USFWS and NMFS
2016).In general,HCPs should include mitigation programs that are based on sound biological
rationale,practicable,and commensurate with the impacts of the project on species for which take
is requested.
In accordance with these guidelines and the requirements of the Federal ESA,the HCP conservation
program is intended to ensure that the impacts of the proposed Project activities on CAGN are
avoided,minimized,and mitigated to the maximum extent practicable.Avoidance of direct impacts
to CAGN on the Project Site will be accomplished through Implementation of project design features
(PDFs)and conservation measures(CMs)as follows:
9.1.1 Project Design Features
PDF-1. Prior to the Initiation of vegetation removal within the Permit Area,the Applicant will
submit a final grading plan to the Service that Identifies all permanently impacted areas,
Including the disturbance boundaries for hard structures,trails,parks,and non-coastal
sage scrub landscaping.Minor grading and preservation modifications based on the final
grading plan will not result in greater habitat impacts or a reduction in the quantity of
coastal sage scrub that will be enhanced,created,revegetated,or preserved per the
HCP.
PDF-2. Prior to the initiation of vegetation removal within the Permit Area,the Applicant will
submit to the Service a copy of the final Hitch Ranch Fire Protection Plan along with a
letter of approval from the appropriate fire authority.If additional vegetation
maintenance must occur for fire prevention purposes outside of the area identified as
Fuel Modification Zones 0-3,then those activities must be contained within the Permit
Area(Refer to the Revised Hitch Ranch Fire Protection Plan In Appendix F).
PDF-3. The locations of multi-purpose trails,roads,and associated fencing are shown on Exhibit
8.Fencing will also be located where residential lots abut the Habitat Preserve.No direct
access to the Preserve through the fences will be provided to the homeowners or their
pets.Signs indicating sensitive habitat and that use of the Preserve is limited to the trails
will be placed at reasonable Intervals and likely points of entry with something similar to:
"NO TRESPASSING-HABITAT AREA-DO NOT ENTER.'Recreational trail use will be allowed
during daylight hours only,and pets will be kept on a leash.A final fence plan,Including a
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finch Ranch Specific Pion Project
map depicting fence locations and a detailed description of the design will be submitted to,
and approved by,the Service prior to initiation of vegetation removal and ground
disturbing activities.Multi-purpose trails,roads,and fencing will not extend into the
Habitat Preserve.Multi-purpose trails,roads,and fencing will not result in a reduction in
the quantity of coastal sage scrub that will be enhanced,created,revegetated,or
preserved per the HCP.
PDF-4. Rodenticide use will be prohibited for the entire Plan area throughout the life of the
Project.This applies to all entities providing maintenance(i.e.,construction contractor,
Homeowner's Association,City,individual homeowners,etc.)within the Plan area during
and post construction.Natural means of rodent control may be employed such as
installation of owl boxes and planting of deterrent landscaping consistent with PDF 5
below.This measure shall be written into the Covenants,Conditions,and Restrictions
(CC&Rs)for the development and included in the homeowner brochure described in CM-
17 below.
PDF-S. BR-12 of the FEIR:The landscaping plans within the project area(residential and
common areas)shall be prepared by a licensed California landscape architect and shall
provide appropriate provisions to prohibit using invasive plant species,especially those
listed by the California Invasive Plants Council(their website provides a current invasive
plant list),to prevent those species from colonizing remaining natural areas.Landscaping
plans shall be consistent with the City of Moorpark Municipal Code Section 15.23 Water
Efficient Landscape Ordinance and Title 17.Zoning.These provisions may include the
following:(a)review and screening of proposed plant palette and planting plans to
identify and avoid the use of invasive species;(b)weed removal during the initial
planting of landscaped areas;and(c)the monitoring for and removal of weeds and other
invasive plant species as part of ongoing landscape maintenance activities.The frequency
and method of monitoring for invasive species shall be determined by the City of
Moorpark Parks,Recreation and Community Services Department.
PDF-6. HYD-2 of the FEIR:Prior to issuance of the Initial grading permit,the applicant shall have
prepared a Post Construction Stormwater Management Plan(PCSMP)and include Non-
Structural,Source Control,and Structural Best Management Practices(BMPs).A certified
erosion and sediment control professional or qualified civil engireer shall prepare the
PCSMP.The PCSMP shall be reviewed and approved by the Moorpark Community
Development Director and City Engineer/Public Works Director.The development of the
PCSMP shall conform to the Ventura County National Pollutant Discharge Elimination
System permit,the PCSMP standards,and the Technical Guidance Manual for Storm
Water Quality Control Measures The following are the minimum required mitigation
from the Technical Guidance Manual for Storm Water Quality Control Measures.
The PCSMP portion of the drainage master plan shall address:
• Storm Drain Message and Signage.The appropriate locations for the signage
regarding discharge prohibitions at storm drain inlets and a standard message to be
used throughout the specific plan site.
• Outdoor Material Storage Area Design.General design criteria for outdoor material
storage area design.
• Outdoor Trash Storage and Waste Handling Area Design.General design criteria for
outdoor trash storage and waste handling area design.
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Habitat Conservation Plan
• Proof of Control Measure Maintenance.To ensure that maintenance is provided,the
City of Moorpark Public Works Department(PWD)will require a maintenance
agreement and a maintenance plan,including a Storm Water Operations and
Maintenance Manual(O&M Manual),from the owner/operator of the storm water
control measures.The PCSMP and O&M Manual shall identify the party(ies)
responsible for maintenance of control measures and shall be submitted to the PDW
for review and acceptance.A Stormwater O&M Covenant shall be recorded for the
property.
PDF-7. HYD-3 of the FEIR:The PCSMP/O&M Manual shall include structural and/or treatment
BMPs.The structural BMPs shall focus on meeting potential TMDL and pollutant
standards for residential developments.The treatment BMPs shall conform to the
Technical Guidance Manual for Storm Water Control Measures.The PCSMP guidelines
contained in the National Pollutant Discharge Elimination System(NPDES)Permit and
Waste Discharge Requirements for Ventura County state that structural BMPs are
required for all new developments.The structural BMPs shall be sized to comply with
one of the following numeric sizing criteria,unless an alternative is considered by the
permittees to provide equivalent or better treatment.Groundwater quality must be
evaluated based on the amount of water and the potential pollutants that may be
introduced associated with the buildout of the specific plan site.
Volume(SQDV)shall be calculated using the following four allowable methodologies:
a. The 85th percentile 24-hour runoff event determined as the maximized capture
stormwater volume for the area using a 48 to 72-hour draw down time,from the
formula recommended In Urban Runoff Quality Management,WEF Manual of
Practice No.23/ASCE Manual of Practice No.87,(1998);or
b. The volume of annual runoff based on unit basin storage water quality volume to
achieve 80 percent or more volume treatment;or
c. The volume of runoff produced from a 0.75-inch storm event;or
d. Eighty(80)percent of the average annual runoff volume using an appropriate public
domain continuous flow model(such as Storm Water Management Model(SWMM)
or Hydrologic Engineering Center—Hydrologic Simulation Program—Fortran(HEC-
HSPF)J,using the local rainfall record and relevant BMP sizing and design data.
Volume-based BMPs shall be designed to infiltrate or treat either:
a. The volume of annual runoff based on unit basin storage water quality volume,to
achieve 80 percent or more volume treatment by the method recommended in the
California Storm Water Best Management Practices Handbook—Industrial/
Commercial(1993),the Ventura Countywide Storm Water Quality Management
Program Land Development Guidelines;or
b. The 85th percentile 24-hour runoff event determined as the maximized capture
storm water volume for the area,from the formula recommended In Urban Runoff
Quality Management,WEF Manual of Practice No.23/ASCE Manual of Practice No.
87(1998);or
c. The volume of runoff produced for a 0.75-inch storm event,prior to its discharge to a
storm water conveyance system;or
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Hitch Ranch Specific Plan Project
d. The volume of runoff produced from a historical-record based reference 24-hour
rainfall criterion for"treatment"that achieves approximately reduction in pollutant
loads achieved by the 85th percentile 24-hour runoff event.The volume of runoff
produced from the 85th percentile 24-hour storm event,as determined from the
local historical rainfall record.
Flow-based BMPs shall be designed to infiltrate or treat either:
a. Ten percent of the 50-year design flow rate,or
b. A flow that will result in treatment of the same portion of runoff as treated using
volumetric standards,or
c. A rain event equal to at least 0.2 inch per hour intensity;or
d. A rain event equal to at least two times the 85th percentile hourly rainfall intensity
for Ventura County.
The Technical Guidance Manual for Storm Water Quality Control Measures requires that
treatment controls measures be used for any new development.The following is a partial
list of treatment control measures that may be used by the applicant:
• Grass Strip Filter
• Grass Swale Filter
• Extended Detention Basin
• Wet Detention Basin
• Constructed Wetland
• Detention Basin/Sand Filter
• Porous Pavement Detention
• Porous Landscape Detention
• Infiltration Basin
• Infiltration Trench
The following discussion identifies treatment control measures that are appropriate for
use on the Hitch Ranch Specific Plan site:
Grass Strip and Swales.An appropriate treatment is either vegetative swales,enhanced
vegetated swales utilizing check dams and wide depressions,a series of small detention
facilities designed similarly to a dry detention basin,or a combination of these treatment
methods into a treatment train(a series of Structural BMPs).It is essential that the
PCSMP address treatment for Hitch Ranch to assure that the runoff from the site be
treated to the"maximum extent practicable."In order for the vegetation swales to be
effective in the removal of potential pollutants,the swales must be treated as water
quality features and must be maintained differently than grass areas.Specifically,
pesticides,herbicides,and fertilizers,which may be used on the grass areas,must not be
used In the vegetation swales.Anticoagulant rodenticides are not to be used in any areas
within the project.
Infiltration Trenches and Basins.Infiltration trenches and/or basins may be used on site
to meet potential future TMDLs for noxious aquatic plants and nutrients.Infiltration
trenches and basins treat storm water runoff through filtration.A typical infiltration
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Habitat Conservation Plan
trench is essentially an excavated trench,which is lined with filter fabric and backfilled
with stones.Depth of the infiltration trench ranges from 3 to 8 feet and functions best in
areas with permeable soils,and water table and bedrock depth situated well below the
bottom of the trench.Trenches should not be used to trap coarse sediments,because
large sediment will likely clog the trench.Grass buffers can be installed to capture
sediment before it enters the trench to minimize clogging.Infiltration basins are
generally used for drainage areas between 5 and 50 acres.Infiltration basins can be
either in-line or off-line and may treat different volumes such as the water quality
volume or the 2-year or 10-year storm.All structural BMPs shall be included in the Storm
Water O&M Manual.
9.1.2 Conservation Measures
CM-1. BR-9 of the FEIR:Within seven(7)days prior to construction or site preparation activities
that would occur during the nesting/breeding season of native bird species potentially
nesting on the site(typically January 15 through August 30 for raptors and February 15
through September 15 for migratory passerines),the applicant shall have a field survey
conducted by a qualified biologist to determine if active nests of bird species protected
by the Migratory Bird Treaty Act or the California Fish and Game Code are present in the
construction zone or within 300 feet(500 feet for raptors or federally listed endangered
or threatened bird species)of the construction zone.If active nests are found,all
construction activities within the 300/500-foot buffer zones must be postponed or
halted,until the biologist determines that the nest is vacated,juveniles have fledged,and
there is no evidence of a second attempt at nesting.The biological monitor shall be able
to adjust the size of the buffer zone dependent on the species involved(i.e.,non-raptors
and common species)and/or allow certain activities within the buffer zone if it can be
shown that the activity will not interfere with nesting.The biologist shall serve as a
construction monitor during those periods when construction activities would occur near
active nest areas to ensure that no inadvertent Impacts occur to these nests.
Additional CM-1 requirements per this HCP-Measures required during the Project
construction to ovoid and/or minimize direct take of coastal California gnatcatcher
include:
• All CSS removal for project construction shall be carried out from September 1
through February 14,which is outside the coastal California gnatcatcher breeding
season.
• When conducting all other construction and/or habitat restoration/enhancement
activities during the coastal California gnatcatcher breeding season of February 15
through August 30,within habitat in which coastal California gnatcatcher are known
to occur or have potential to occur,the following avoidance measures shall apply.A
qualified biologist shall survey for coastal California gnatcatcher within 10 calendar
days prior to initiating activities in an area.The results of the survey will be submitted
to USFWS.If coastal California gnatcatcher ore present,but not nesting,a qualified
biologist shall survey for nesting coastal California gnatcatcher approximately once
per week within 500 feet of the construction area,where accessible,for the duration
of the activity in that area during the breeding season.Standard CAGN survey
methods shall be followed for all surveys.
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• if an active nest Is located,a 500-foot no-construction buffer shall be established
around each nest site;however,there may be a reduction of this buffer zone
depending on site-specific conditions such as;topography,line-of-sight to the nest,or
the existing ambient level of activity.The Applicant shall contact USFWS to confirm
the appropriate buffer zone if a reduction is sought.No construction shall take place
within this buffer until the nest is no longer active.
• All active coastal California gnatcatcher nests will be reported within 24 hours to the
USFWS upon detection.
CM-2. BR-7 of the FEIR:All areas temporarily impacted by project grading and construction
activities but within the fuel management zone must be revegetated with California
native plant species,with densities and spadng consistent with the intent of maintaining
fuel management zones as described in the City's Landscape Standards and Guidance
and the Hitch Ranch Fire Protection Plan.
9.1.3 Construction Monitoring Measures
CM-3. BR-15 of the FEIR:A City-approved biologist must be retained by the applicant as a
construction monitor to ensure that incidental construction Impacts on retained
biological resources are avoided or minimized.Responsibilities of the construction
monitor Include the following:
• Attend all pre-grading meetings to ensure that the timing and location of
construction activities do not conflict with mitigation requirements.
• A pre-construction Worker Environmental Awareness Program(WEAP)training shall
be conducted for all construction employees.Prior to the start of construction
activities,the WEAP shall be presented to inform construction supervisors,workers,
and inspectors of sensitive resources that have a moderate to high potential of
occurrence on the project site,to explain their importance and sensitivity,to review
regulatory protections afforded to these resources,and to describe the project
design features and mitigation measures adopted to avoid and reduce impacts.
Training shall identify individual responsibilities regarding these resources,and
communication procedures should sensitive resources exist or be found in the
project area.Training participation shall be documented and kept as a log on site.
Workers will receive a hard hat decal to show completion and receive a reference
resource(i.e.wallet card,brochure,etc.)for later review as needed.
• Conduct meetings with the contractor and other key construction personnel,
describing the Importance of restricting work to within the project boundaries and
outside of the preserved areas.The monitor shall also discuss staging/storage areas
for construction equipment and materials.The biological monitor shall Investigate all
on site storage areas to minimize impacts to biological resources.
• Guide the contractor In marking/flagging the construction area,in accordance with
the final approved grading plan.Any construction activity areas Immediately adjacent
to special-status plant populations or other special-status resources may be directed
to be flagged or temporarily fenced at the discretion of the monitor.
• Periodically and routinely visit the site during construction to coordinate and monitor
compliance with the above provisions.
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Additional CM-3 requirements per this HCP-Measures required during the Project
construction to avoid and/or minimize direct take of coastal California gnatcotcher
Include:
• The lead biological construction monitor shall have sufficient experience and training
with listed species occurring at the site and shall be approved by the USFWS as the
Designated Biologist.The Designated Biologistls)shall oversee compliance with
Conservation Measures required by this HCP.Supporting Biological Monitors must also
be approved by the Service.Resumes shall be submitted to the Service for review and
approval within 30 days prior to the start of construction.
• Construction lighting will be directed toward the active construction work areas and
away from any adjacent potential CAGN habitat.
CM-4. Sixty(60)days prior to scheduled site mobilization,the applicant shall submit a pre-
construction WEAP training to USFWS,which shall be approved by the aforementioned
prior to ground disturbing activities at the Project Site.The pre-construction WEAP
training shall emphasize the conservation of the CAGN during project construction and
indude:
• the purpose of resource protection,
• a description of the CAGN and their habitat,
• the conservation measures that will be implemented in conjunction with project
construction(i.e.,CM-3-9),and
• the general provisions of the Federal Endangered Species Act.
CM-5. BR-16 of the FEIR:The construction contractor shall install temporary erosion control
measures,if necessary,to reduce impacts to and protect off-site drainages from excess
sedimentation,siltation,and erosion.These measures shall consist of minimization of
existing vegetation removal;the use of temporary soil covers,such as hydroseeding,
mulch/binder,and erosion-control blankets to protect exposed soil from wind and rain
erosion;or the installation of silt fencing,coirs,berms,and dikes to protect storm drain
inlets and drainages.
CM-6. BR-17 of the FEIR:Refueling,changing of oil or other fluids,and vehicle maintenance may
be allowed in designated areas located a minimum of 50 feet away from any drainages or
proposed mitigation areas.The contractor shall be responsible for providing and
maintaining covered trash bins or dumpsters for any trash or other construction waste
materials generated on the site during the project.Vehicles carrying supplies,such as
concrete,may not empty,clean out,or otherwise place materials into any mitigation or
opens space areas on or immediately adjacent to the site.Any spills or trash on the site,
whether accidental or not,must be cleaned up at the end of each working day.
CM-7. BR-1g of the FEIR:Any equipment or vehicles driven or operated within or adjacent to
drainages must be checked and maintained daily,to prevent leaks of materials that If
introduced to water could be deleterious to aquatic life.(Vehicles and equipment shall
not be left idling or operated beyond periods needed to accomplish approved tasks
Habitat Conservation Plan 43
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CM-8. BR-19 of the FEIR Construction personnel are prohibited from entry into areas outside
the designated construction area,except for necessary construction related activities,
such as surveying.All such construction activities including access In or adjacent to
remaining open space areas must be coordinated with the project biologist.
CM-9. BR-20 of the FEIR:Standard dust-control measures of the Ventura County Air
Pollution Control District must be implemented to reduce impacts to nearby plants and
wildlife.This includes a variety of options to reduce dust induding replacing ground
cover in disturbed areas as quickly as possible,using tackifiers in watering trucks on
active sites regularly,and suspending all excavating and grading operations during
periods of high winds.
9.1.4 Habitat Restoration
CM-10. BR-5 of the FEIR:Disturbed vegetation located on the east-side of Gabbert Road that
includes California sagebrush-deerweed scrub,cactus scrub,and blue elderberry stands,
which are unsuitable for CAGN nesting but used as foraging and dispersal habitat,shall
be replaced at a ratio of 1:1.Although no individuals or breeding territories have been
observed within the undisturbed California sagebrush-deerweed scrub to the west of
Gabbert Road,impacts to this vegetation shall be replaced at a 2:1 ratio due to Its
potential to support foraging and nesting CAGN.CAGN habitat shall be restored on-site.
If a suitable on-site location Is not feasible,restoration may occur at a mitigation bank,
approved by USFWS prior to issuance of a grading permit or any ground disturbing
activities on the Project Site.If mitigation requirements cannot be met on-site and/or
through the purchase of credits at a mitigation bank,a suitable off-site location may be
Identified and utilized subject to City and USFWS approval.Moreover,consultation with
USFWS in accordance with FESA will occur prior to issuance of a grading permit or any
ground disturbing activities and their recommendations followed.The applicant shall be
responsible for obtaining all necessary regulatory agency permits for compliance with the
Federal ESA
Additional CM-10 requirements per this HCP-To compensate for CAGN habitat impacts
and based on consultation with the Service,increased habitat replacement ratios will be
implemented as outlined in Section 7.3,Table 4 of this HCP,and as amended in CM-11
below.
CM-11. BR-6 of the FEIR:Sixty(60)days prior to scheduled site mobilization,the applicant shall
submit a Native Habitat Restoration Plan for the restoration of a native habitat on the
site to the satisfaction of the Community Development Director,CDFW,and USFWS,
which shall be approved by the aforementioned prior to issuance of a building permit or
ground disturbing activities at the Project Site.At a minimum,the Restoration Plan shall
identify all responsible parties/stakeholders,performance standards,success criteria,
plant palette and planting methods,Irrigation details and watering schedule,
maintenance measures and schedule,monitoring and reporting requirements,
contingencies,adaptive management strategies,and funding sources,such as an
At the bin or OR preparation,Me availability of CAGN occupied banks In the northern pert or the rinse was conudered a reasonable
pooslbRRV by the time mitigation world be Implemented.However,mitigation banks are present*Iat1ng:n the northern portion of the
CAGN range and thus this mitigation option omen currently be approved by the USFWS.Mhigadon banks In the southern part or the
range are not suitable to compensate for take of northern ygregatlana where the Profea sire is looted.
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Habitat Conservation Pion
ndowment for long-term management(Refer to the Restoration Plan in Appendix D and
the Long-Term Management Plan in Appendix G).
Native vegetation on the Project Site shall be incorporated in the plan at the ratios
indicated below:
Plant Community Replacement Ratio•
(Area Replaced:Area Impacted)
California sagebrush-deetweed scrub Oast of Wbbert Rd) 4:1
California sagebrush-deerweed scrub(east of Gabber Rd) 3:1
Blue tilde rbeny stands(disturbed/grazed) 1:1
cactus scrub 3:1
•Updates to replacement ratios reflect sftsctudons to*testes USFWS end not the FEIR(Impact Science;10221
Once approved,implementation of the Native Habitat Restoration Plan shall be required
as a condition of approval of the Tract Map and RPD.The restoration shall be performed
in accordance with current best available restoration practices and the applicant(or
designee)shall be responsible for maintaining the restoration areas for a period of five
years to ensure the successful establishment of the plantings,which shall be extended an
additional three years If determined necessary by the Community Development Director.
The applicant shall pay the costs for monitoring restoration of the Native Habitat for the
full and complete restoration time period,which if extended shall require further
payment.If a suitable on-site restoration is not feasible,restoration may occur at a
mitigation bank ,approved by CDFW and USFWS prior to issuance of a grading permit or
any ground disturbing activities on the Project Site.If restoration requirements cannot be
met on-site and/or through the purchase of credits at a mitigation bank,a suitable off-site
location may be identified and utilized.The off-site location and restoration Plan shall be
reviewed and approved by the City prior to Issuance of a grading permit and secured prior
to any ground disturbing activities on the Project Slte.
CM-12. BR-21 of the FEIR:Upon completion of construction,the contractor shall be held
responsible for scarifying and hydroseeding,using native plant seeds,on any haul roads,
access roads,or staging areas that are outside of approved grading limits.This restoration
must be done in consultation with the project biologist.
CM-13. The Applicant will remove 20.43 acres of CAGN Suitable Habitat within the Project Site
and 52.77 acres of CAGN Suitable Habitat will be enhanced,managed,and conserved,
adjacent to existing open space.
Al the:me of OR preps-at:on,;he readaba.ty or CAGY occup.ed barb el the n•,nher part or the range was ems.dema•reasonabe
possrb.Ry by the how'nMeatnet rook:be.mpiertwnted hpwesv,,ndyta;ron banks ate p•esently team(m the nvthe rn port Pan of the
CAGN range and thus this mitigation option cannot currents be approved by the USFWS.MRtption banks in the southern pant or tre
range are not WRatle:C compeenate for tab or nentwrh aggregations where the Proles allele looted
Habitat Conservation Plan 45
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9.1.5 Habitat Maintenance Within Fuel Modification Zone
CM-14. Where the Fire Management Plan allows,fuel modification zones will be revegetated
with native coastal sage scrub and/or cactus scrub species approved for use in such
areas.No non-native species will be planted In Zone 3 and Invasive species will not be
planted in any of the Fuel Modification Zones(0-3).To ensure that the fuel modification
zones are maintained consistent with this measure,the CC&Rs will include specific
language regarding fuel modification zone maintenance practices and plant palette,as
provided in Appendix E.Vegetation maintenance within the fuel modification zones and
Habitat Preserve will occur as follows:
• All vegetation clearing/tree trimming/pruning(with the exception of hand weeding
of non-native vegetation)will occur between August 31 and February 14.
• Hand-weeding of non-native vegetation may occur,In the presence of a Biological
Monitor,during any time of the year.During the period from February 15 to August
30,the Biological Monitor will conduct surveys for individual CAGN nests,prior to
non-native vegetation removal and confirm that no weeding occurs within 100 feet
of any active nest.The Biological Monitor may flush non-nesting gnatcatchers out of
harm's way and towards adjacent undisturbed habitat.
9.2 Long-Term Management Plan
CM-15. The Long-Term Management Plan(LIMP)for the Hitch Ranch Habitat Preserve,as
provided in Appendix G,will be implemented by a qualified Land Manager.
CM-16. Funding for attainment of the final success criteria for all creation and revegetation areas
and a non-wasting endowment for implementation of the LIMP will be secured by the
Applicant In the form of financial assurances(I.e.,a bond or Letter of Credit).
CM-17. BR-1i of the FEIR:Following construction,pets and other domestic animals must be
prohibited from the remaining open space areas and from any revegetation areas on the
project site unless restrained by leash and accompanied at all times by the owner or
responsible party.Fencing of sufficient height and design or acceptable landscaping must
be constructed between the residential areas and natural areas to the north to
discourage domestic animals from entering open space habitat areas.Human access into
open space areas may occur in designated areas along the perimeter of the habitats.
Prohibitions against human and domestic animal use In sensitive habitat areas must be
established by the CC&Rs.A brochure must be prepared by the developer and
distributed to all home buyers that explains the purpose and sensitivity of the mitigation
area and reasons why residents and their pets are discouraged from using this area.
Signage shall be provided at the entrance of trails that are nearby sensitive habitat areas
to notify users of the nature of the area and its sensitivity.
The CC&Rs must also state that no structures shall be constructed within the open space
areas(as prohibited by the Conservation Easements over Habitat Preserve areas,
Appendix 1).As determined by a qualified biologist,Interpretative signs that explain the
sensitivity of natural habitats and the need to minimize Impacts on these adjacent areas
are to be constructed and placed In appropriate areas.The project applicant shall be
responsible for Installation of Interpretive signs(at 200-foot Intervals)and fencing along
the perimeter of the mitigation area.
46
Resolution No. 2025-4316
Page 28
Reporting and Monitoring
10 Reporting and Monitoring
The Applicant will institute a monitoring and reporting program to ensure that this HCP is being
implemented in accordance with the requirements outlined herein.As part of that program,the
Applicant will provide the Service an annual HCP Compliance Report describing the activities that
have occurred pursuant to the take authorizations and an assessment of the status of this HCP until
development of the Project Site has been completed.The information included in the report will be
used by the Service to evaluate the Applicant's compliance with the terms and conditions of this
HCP and Section 10(a)(1)(B)ITP.
The HCP Compliance Report will include a monitoring report of the vegetation clearing,grading,and
construction activities on site,the occurrence,if any,of changed or unforeseen circumstances,and
the methods used to address such circumstances.The report will summarize all avoidance,
minimization,and mitigation measures that were implemented during clearing,grading,and
construction.The report will include maps depicting locations of any CAGNs observed during
clearing/grading and will list the dates,times,and other relevant details regarding these sightings.
The HCP Compliance Report will also serve as the annual monitoring report describing the status of
the attainment of the success criteria as outlined in Section 9.1.4 Habitat Restoration(CM-10,CM-
11,CM-12,and CM-13).Once success criteria have been met,the conservation areas will be
transferred into long-term management pursuant to the Conservation Easements and LTMP
(Section 9.2).
The HCP Compliance Report will be submitted annually by December 31 to the Service until
development of the Proposed Action is complete and for five years following implementation of the
Habitat Restoration Plan,or longer as needed to attain success criteria as outlined in CM-10.
Annual reports will include the following sections(at minimum):
• Project Status and Impacts(e.g.,completed stages)
• Take Tracking
• Avoidance,Minimization,and Monitoring
• Habitat Mitigation Implementation Status,Monitoring,and Performance
• Changed Circumstances
• Funding
• Other HCP Measures(e.g.,Amendments,Adaptive Management,etc.)
• Other Measures as Required by the Service(As Needed)
Habitat Conservation Plan 47
Resolution No. 2025-4316
Page 29
Exhibit 4
EASEMENT AREA LEGAL DESCRIPTION
[Attached]
Resolution No. 2025-4316
Page 30
EXHIBIT"A"
LEGAL DESCRIPTION
That portion of Lot H of Tract No.5187-1.in the City of Moorpark.County of Ventura.State of
California.as per map filed in Book 157. Pages 24 through 40. inclusive.of Miscellaneous
Records(Maps).in the Office of the County Recorder of said County. more particularly
described as follows:
Parcel 1:
Commencing on the south line of said Lot H at the southeast corner of Lot 24.as shown on
Book 3.Page 41 of Miscellaneous Records(Maps). in the Office of the County Recorder of said
County:thence along said south line of said Lot H. North 89--39'23-West.28.30 feet to the Point
of Beginning:thence continuing along said south line.
1st- North 89'39'23-West for a distance of 1082.81 feet:thence leaving said south line.
2nd- North 09" 12'45"East.95.52 feet:thence.
3rd- North 30'07'30"East. 115.98 feet:thence.
4th- North 12'31'2T'East, 154.46 feet:thence.
5th- North 00"32'02"West. 100.37 feet:thence.
6th- North 11"15'27"East.70.65 feet:thence.
7th- North 24"38'21"East.62.56 feet:thence.
8th- North 63"45'09"East. 152.39 feet:thence.
9th- North 87-01'42"East.69.47 feet:thence.
10th- South 71"36'44"East.218.30 feet:thence.
11 th- South 88"40'04"East. 169.39 feet:thence.
12th- South 69' 04'39"East. 180.34 feet:thence.
13th- South 18' 13'26"East. 112.17 feet:thence.
14th- South 53"14'07"East. 139.69:thence.
15th- South 82" 11'27"East. 36.72 feet:thence.
16th- South 00"26'58"East for a distance of 317.06 feet to the Point of Beginning.
Containing an area of 12.64 acres.more or less.
LEGAL 004747£SQIL.GGL ear 3H0:7CA7CIER.r('x JFf7JDH
EXHIEIT.OO17.ICEX4:_ESYT G *TCATCHER.UNG I. 2S
Ct.OSI.#-0047.CEX112 ESMY CHATCATCHEA CLSRDOC PAC,1 OF 3
Resolution No. 2025-4316
Page 31
Parcel 2:
Commencing on the south line of said Lot H at the southeast corner of Lot 24.as shown on
Book 3.Page 41 of Miscellaneous Records(Maps).in the Office of the County Recorder of said
County:thence along the east line of said Lot 24.North 0-39'01"East 1128.38 feet to the Point
of Beginning:thence leaving said east line.
1st- North 86'21'06"West. 163.36 feet:thence.
2nd- South 78 00'40"West.215.38 feet:thence.
3rd- South 68`"23'31"West.430.66 feet:thence.
4th- South 54 55'58"West. 168.66 feet:thence.
5th- South 67 26'44"West. 106.33 feet thence.
6th- North 81 55'42"West.81.82 feet:thence.
7th- North 34-23'19"West.51.09 feet:thence.
8th- North 23' 13'58"West.72.37 feet:thence.
9th- North 63-29'48"West. 152.30 feet:thence.
lath- North 27 35'30"West.84.08 feet:thence.
11 th- North 24"35'20"East.90.16 feet:thence.
12th- North 39"01'50"East.85.93 feet:thence.
13th- North 66- 12'40"East.27.22 feet:thence.
14th- South 87 14' 13"East.91.89 feet:thence.
15th- North 60-26'21"East. 125.75 feet thence.
16th- North 33-32'40"East.87.53 feet:thence.
17th- North 62"24'55"East.36.59 feet thence.
18th- South 88 32'01"East.237.96 feet.thence.
19th- North 88 52'49"East.404.55 feet:thence.
20th- North 84- 14'58"East.287.65 feet to the east line of Lot 23.as shown on Book 3.
Pages 41 of Miscellaneous Records(Maps). in the Office of the County Recorder of
said County:thence along said east lines of said Lots 23 and 24.
21st- South 00' 39'01"West.269.89 feet to the Point of Beginning
LEGAL ODt7.0 X67 LCA E�GHATCATCFER(k7CX
EXHIBIT OO 7. D2_ESUIT ATCATCHER DWG
CL.OSIA£DOOLCEXa'1,E SPAT-GHATCATC.HERCLSP DOG
Resolution No. 2025-4316
Page 32
Containing an area of 10.26 acres,more or less.
Subject to covenants,conditions, reservations,restrictions, rights of way,and easements of
record, if any.
PREPARED BY ME OR UNDER MY DIRECTION:
4vLAND
45 P.flA
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LEEA1.001:-02£02.Ot ESMT_OMATCA'OER.DOCA JPRJGH
EXHOST CONT.6fX2_ESAA_GNATCATCMER ONO '7E45
CLOSURE:004742EX02 E9MT_ONATCA CHER Cl3Rf.00 PACE I OF 3
Resolution No. 2025-4316
Page 33
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EXHIBIT"B"
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0047-02 0047 02EX02_ESI T GNATCAm+EL.DWG 1 OF 2
Resolution No. 2025-4316
Page 34
LINE TABLE LINE TABLE
LINE DIRECTION LENGTH LINE DIRECTION LENGTH
L1 N 89°39'23'W 1082.81' L21 S 67°26'44"W 106.33'
L2 N 09°12'45'E 95.52' L22 N 81°55'42"W 81.82'
L3 N 30°07'30"E 115.98' L23 N 34°23'19"W 51.09'
d
w L4 N 12°31'27"E 154.46' L24 N 23°13'58"W 72.37'
u
L5 N 00°32'02'W 100.37' L25 N 63°29'48"W 152.30'
V
L6 N 11°15'27"E 70.65' L26 N 27°35'30"W 84.08'
L7 N 24°38'21"E 62.56' L27 N 24°35'20"E 90.16'
L8 N 63°45'09"E 152.39' L28 N 39°01'50"E 85.93'
L9 N 87°01'42"E 69.47' L29 N 66°12'40'E 27.22'
LI0 S 71°36'44"E 218.30' L30 S 87°14'13"E 91.89'
L11 S 88040'04"E 169.39' L31 N 60°26'21"E 125.75'
L12 S 69004'39'E 180.34' L32 N 33°32'40"E 87.53'
rn L13 S 18°13'26"E 112.17' L33 N 62°24'55"E 36.59'
L14 S 53°14'07"E 139.69' L34 S 88°32'01'E 237.96'
LIS S 82°11'27"E 36.72' L35 N 88°52'49°E 404.55'
6 L16 S 00026'58"E 317.06' L36 N 84014'58"E 287.65'
L17 N 86°21'06"W 163.36' L37 S 00°39'Ol"W 269.89'
L18 S 78°00'40'W 215.38' L38 N 89°39'23"W 28.30'
L19 S 68023'31"W 430.66' L39 N 00039'01'E 1128.38'
CGL20 S 54°55'58"W 168.66' EXHIBIT"B"
Encortt o C°nwltmtl Gram
0047-02 0047-02EX02_ESMT GNATCATCHER.DWG 2 OF 2
Resolution No. 2025-4316
Page 35
Exhibit 5
CONSERVATION EASEMENT DEED
[Attached]
Resolution No. 2025-4316
Page 36
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
WITH COPY TO: )
U.S. Fish and Wildlife Service )
[address] )
Space Above Line for Recorder's Use Only
Si/ Nilo
CONSERVATION EASEMENT DEED
(Including Third-Party Beneficiary[or Beneficiaries if another agency is included')
THIS CONSERVA ON EASEMENT DEED ("Conservation Easement") is made as of
• 20 . by [insert full legal name(s) of Grantor(s)] ("Grantor"), in favor
of[insert full legal name of Grantee] ("Grantee"), hereinafter referred to individually as"Party"
and collectively as"Parties," with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of certain real property containing
approximately (insert number] acres of land, located in the [insert name of City if within City
limits: City of ,] County of , State of California,designated
Assessor's Parcel Number(s) [insertAPN(s)] ("Property"). The Property is legally described
and depicted in Exhibit A attached to this Conservation Easement and incorporated herein by this
reference.
B. [Add recital about the Hitch Ranch Specific Plan Project, the Habitat
Conservation Plan, the Habitat Conservation Plan Area and the two areas that will be
_ comprise the Habitat Preserve, a portion of which is owned by City.J
C. [Add recital about the designation of the Land Manager for long-term
management of the Habitat Conservation Plan and the establishment of an Endowment for
the long-term cost of carrying out the Long-Term Management Plan and the terms of the
Resolution No. 2025-4316
Page 37
Agreement between Grantor, Grantee and the Land Manager, including the Land Manager's
compliance with this Agreement./
D. [Add recital about the duties of the Land Manager and the terms of the
Agreement between Grantor, Grantee and Land Manager that pertain to assignment of duties
and obligations in this Conservation Easement from Grantor to the Land Manager./
E. The Property, in its current form and then as restored and enhanced by the Habitat
Conservation Plan will possess wildlife and habitat values of great importance to Grantor,
Grantee,the United States Fish and Wildlife Service ("USFWS"), ladd California Department
of Fish and Wildlife("CDFW") if appropriate,] the people of the State of California, and the
people of the United States. The Property will provide high quality habitat for [list plant and/or
animal species] and contains [list habitats]. Individually and collectively,these wildlife and
habitat values comprise the"Conservation Values"of the Property.
F. The Property will support habitat required to be preserved and managed in
perpetuity by Federal Endangered Species Act Incidental Take Permit TE-
("Permit") [add CDFW permit if appropriate] as mitigation for certain impacts of[describe
project] located in the [insert name of City if within City limits: City of ,]
County of , according to the [name of Habitat Conservation Plan], dated
("HCP")and the Implementing Agreement("IA") [if any],dated
,the terms of which are incorporated by reference in this Conservation Easement.
Grantor, Grantee,and USFWS each has a copy of the HCP. the IA,and the Permit.
G. Grantee is authorized to hold conservation easements pursuant to California Civil
Code section 815.3. Specifically, Grantee is a tax-exempt nonprofit organization qualified under
section 501(c)(3)of the Internal Revenue Code of 1986, as amended [or whatever description is
appropriate],and qualified to do business in California, which has as its primary purpose the
preservation,protection or enhancement of land in its natural, scenic,or open-space condition.
H.1116 USFWS,an agency within the United States Department of the Interior, has
jurisdiction over the conservation, protection, restoration, and management of fish, wildlife,
native plants, and the habitat necessary for biologically sustainable populations of these species
within the United States pursuant to the Endangered Species Act, 16 U.S.C. section 1531 et seq.
("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. sections 661-666c,the Fish and
Wildlife Act of 1956, 16 U.S.C. section 742(f)et seq., and other provisions of federal law.
I. [Add if appropriate] The CDFW has jurisdiction, pursuant to California Fish and
Game Code section 1802, over the conservation,protection, and management of fish,wildlife,
native plants and the habitat necessary for biologically sustainable populations of those species,
and CDFW is authorized to hold conservation easements for these purposes pursuant to
California Civil Code section 815.3, California Fish and Game Code section 1348, and other
provisions of California law.
Resolution No. 2025-4316
Page 38
COVENANTS,TERMS,CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,and pursuant to California law, including Civil Code section 815 et seq., Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property.
1. Purposes. The purposes of this Conservation Easement are to ensure the Property
will be retained forever in its natural, restored,or enhanced condition consistent with the habitat
protection requirements of the HCP, IA [if any], and Permit and to prevent any use of the
Property that will impair or interfere with the Conservation Values of the Property.Grantor
intends that this Conservation Easement will confine the use of the Property to activities that are
consistent with such purposes, including,without limitation, those involving the preservation,
restoration,and enhancement of native species and their habitats.
2. Grantee's Rights. To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter the Property at any reasonable time in order to monitor
compliance with and otherwise enforce the terms of this Conservation Easement, and for
scientific research and interpretive purposes by Grantee or its designees,provided that Grantee
shall not unreasonably interfere with Grantor's authorized use and quiet enjoyment of the
Property;
(c),,� To prevent any activity on or use of the Property that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Property that may be damaged by any act, failure to act,or any use or activity that
is inconsistent with the purposes of this Conservation Easement;
(d) To require that all mineral,air and water rights as Grantee deems
necessary to preserve, protect, and sustain the biological resources and Conservation Values of
the Property shall remain a part of and be put to beneficial use upon the Property consistent with
the purposes of this Conservation Easement; and
(e) All present and future development rights appurtenant to,allocated,
implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished,
and may not be used on or transferred to any portion of the Property, nor any other property
adjacent or otherwise.
Resolution No. 2025-4316
Page 39
3. Third-Party Beneficiary. Grantor and Grantee acknowledge that USFWS [add
other agencies here and throughout the remainder of the document as appropriate] is a third-
party beneficiary of this Conservation Easement with the right of access to the Property and the
right to enforce all obligations of Grantor and all other rights and remedies of Grantee under this
Conservation Easement. These enforcement rights are in addition to, and do not limit, the rights
of enforcement under the Permit. Additionally, Grantor and Grantee acknowledge and agree that
USFWS is expressly granted certain additional rights under this Conservation Easement
including, but not limited to, prior written notice of certain specified actions and a right of
approval of certain specified actions.
4. Prohibited Uses. [Add if appropriate: Except(and only to the extent) the use or
activity is a Reserved Right under Section 6] Except as,required or authorized by the Habitat
Conservation Plan, any activity on or use of the Property that is inconsistent with the purposes of
this Conservation Easement is prohibited. Without limiting the generality of the foregoing,the
following uses and activities by Grantor, Grantor's agents. and third parties are expressly
prohibited: [Review the following to confirm they are appropriate for the particular Property
and its Conservation Values.]
(a) Unseasonable watering; use of chemical fertilizers,pesticides, biocides,
herbicides, rodenticides, fungicides or other agents; weed abatement activities; incompatible fire
protection activities; and any and all other activities and uses which may adversely affect the
Conservation Values of the Property or otherwise interfere with the purposes of this
Conservation Easement;
(b) Use of off-road vehicles and use of any other motorized vehicles except on
existing roadways;
(c)'fi Agricultural activity of any kind [add if appropriate: except grazing for
vegetation management if done in accordance with a grazing or management plan for the
Property aroved by Grantee and USFWSJ;
(d) Recreational activities including, but not limited to, horseback riding,
biking. hunting or fishing [add if appropriate: except such activities as are consistent with the
purposes of this Conservation Easement and carried out in accordance with a management
plan for the Property approved by Grantee and USFWS];
(e) Commercial, industrial, institutional, or residential structures or uses;
(f) Any legal or de facto division, subdivision or partitioning of the Property,
including a request for a certificate of compliance pursuant to the Subdivision Map Act
(California Government Code section 66499.35);
(g) Construction, reconstruction, expansion, location, relocation, installation,
or placement of any building, billboard or sign,or any other structure or improvement of any
kind, except for fencing and signage required by the Habitat Conservation Plan. [add if
appropriate: except signs for access control or education that will not impair or interfere with
the Conservation Values and are consistent with the purposes of this Conservation Easement];
Resolution No. 2025-4316
Page 40
(h) Deposit or accumulation of soil,trash, ashes, refuse, waste, bio-solids or
any other materials;
(I) Planting, introduction, or dispersion of non-native or exotic plant or
animal species;
(j) Filling,dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extracting minerals, loam, soil, sand, gravel, rock or other material
on or below the surface of the Property,or granting or authorizing surface entry for any such
purpose;
(k) Altering the surface or general topography of the Property, including
building roads or trails,or paving or otherwise covering any portion of the Property;
(I) Removing,disturbing,altering, destroying, or cutting of trees,.shrubs or
other vegetation,except as required by law and in conformance with a management plan
approved by Grantee and USFWS for(1) fire breaks, (2) maintenance of existing foot trails or
roads that are otherwise permitted under this Conservation Easement. or(3)prevention or
treatment of disease;
*400'
m Manipulating, impounding 7 or altering anynaturalr co
urse,) p g, po �, g body of
water or water circulation on the Property, and activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub-surface waters;
(n) Without the prior written consent of Grantee and USFWS, which Grantee
and USFWS each may withhold for any reason, transferring, encumbering, selling, leasing, or
otherwise separating the mineral,air, or water rights for the Property; 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 Property, including but not limited to: (1)riparian water rights; (2)
appropriative water rights; (3)rights to waters which are secured under contract with any
irrigation or water district,to the extent such waters are customarily applied to the Property; and
(4)any water from wells that are in existence or may be constructed in the future on the
Property; and
(o) Any activity or use that may violate or fail to comply with relevant
federal, state, or local laws, regulations,or policies applicable to Grantor, the Property,or the
activity or use in question.
(p) [Insert additional prohibitions as appropriate for the particular Property
and its Conservation Values.]
Resolution No. 2025-4316
Page 41
5. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the Conservation
Values of the Property or that are otherwise inconsistent with this Conservation Easement. In
addition, Grantor shall undertake all necessary actions to perfect the rights of Grantee under
Section 2 of this Conservation Easement, including all reasonable actions to require the Land
Manager to undertake the Long-Term Management Plan for the Habitat Conservation Plan.
6. Assignment of Grantor's Obligations and Duties to Land Manager. The Parties
understand that Grantor's duties and obligations pursuant to this Conservation Easement rely
upon the concerted and continuing actions of the Land Manager in carrying out the Habitat
Conservation Plan and in implementing that Plan, including the Long-Term Management Plan If
any failure of Grantor to comply with the terms of this Conservation Easement is caused by the
act or omission of the Land Manager, Grantor has a right to tender any claim or actioor an act
or omission within the scope of the duties of the Land Manager to the Land Manager,which,
pursuant to separate agreement between Grantor,Grantee and Land Manager. Land Manager has
a duty to defend indemnify and hold Grantor harmless from such claim or action.
7. Reserved Rights. Grantor reserves to itself,and to its personal representatives,
heirs, successors,and assigns, all rights accruing from its ownership of the Property, including
the right to engage in or to permit or invite others to engage in all uses of the Property that are
not expressly prohibited or limited by, and are consistent with the purposes of,the Habitat
Conservation Plan and this Conservation Easement. [Add if appropriate: Grantor specifically
reserves the right to conduct the following activities and uses on the Property:
(a). . . .]
8. [If appropriate, add something like:Adaptive Management. The HCP, IA,and
Permit require Adaptive Management of the Property, recognizing that Adaptive Management
is a key element of implementing effective conservation programs. Adaptive Management
combines data from monitoring species and natural systems with new information from
management and targeted studies to continually assess the effectiveness of the conservation
program and adjust conservation actions. Adaptive Management may include re prioritizing
monitoring efforts as well as corrective actions where(a)resources are threatened by land
uses in and adjacent to the Property, (b) current management activities are not adequate or
effective, or(c) enforcement difficulties are identified. Actions that are part of Adaptive
Management of the Property in accordance with the Permit, IA, and HCP, including but not
limited to monitoring and"corrective actions, are consistent with the purposes of and expressly
permitted by, this Conservation Easement.]
9. Grantee's Remedies.
(a) If Grantee or USFWS determines that a violation of the terms of this
Conservation Easement has occurred or is threatened, Grantee or USFWS shall give written
notice to Grantor of such violation and demand in writing the cure of such violation("Notice of
Violation"). At the time of giving any such notice, Grantee shall also give a copy of the notice to
USFWS (or, if USFWS gives a Notice of Violation it shall also give a copy of the notice to
Resolution No. 2025-4316
Page 42
Grantee). Notice shall be provided in accordance with Section 23 [verify this section number
refers to "Notices"section] of this Conservation Easement.
(b) If Grantor fails to cure the violation within fifteen (15)days after receipt
of the Notice of Violation, or if the cure reasonably requires more than fifteen(15)days to
complete and Grantor fails to begin the cure within the fifteen(15)-day period or fails to
continue diligently to complete the cure, Grantee or USFWS may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement for
any or all of the following: to recover any damages to which Grantee may be entitled for
violation of the terms of this Conservation Easement or for any injury to the Conservation
Values of the Property;to enjoin the violation,ex parte as necessary, by temporary or permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies; to pursue any other legal or equitable relief, including, but not limited
to,the restoration of the Property to the condition in which it existed prior to any such violation
or injury; or to otherwise enforce this Conservation Easement. Without limiting the liability of
Grantor,Grantee may apply any damages recovered to the cost of undertaking any corrective
action on the Property.
(c) If Grantee or USFWS. each in its sole discretion. determines that
circumstances require immediate action to prevent or mitigate injury to the Conservation Values
of the Property,Grantee or USFWS may pursue its remedies under this Conservation Easement
without prior notice to Grantor or without waiting for the period provided for cure to expire.
Grantee's and USFWS's rights under this Section 8 apply equally to actual or threatened
violations of the terms of this Conservation Easement.
(d).- Grantor agrees that Grantee's and USFWS's remedies at law for any
violation of the terms of this Conservation Easement are inadequate and that Grantee or USFWS
shall be entitled to the injunctive relief described in this Section 9, both prohibitive and
mandatory, in addition to such other relief to which Grantee or USFWS 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.
Grantee's and USFWS's remedies described in this Section 8 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 California Civil Code section 815 et seq.
(e) If at any time in the future Grantor or any subsequent transferee uses or
threatens to use the Property for purposes inconsistent with this Conservation Easement then,
despite the provisions of California Civil Code section 815.7, the California Attorney General,
any person and any entity with a justiciable interest in the preservation of this Conservation
Easement each has standing as an interested party in any proceeding affecting this Conservation
Easement.
Resolution No. 2025-4316
Page 43
10. Costs of Enforcement. Grantor shall bear all costs incurred by Grantee or
USFWS, where it is a prevailing party in enforcing the terms of this Conservation Easement
against Grantor. These costs may include, but are not limited to,the following: costs of suit and
attorneys' and experts' fees, and any costs for restoration necessitated by Grantor's negligence or
breach of this Conservation Easement.
II. Discretion of Grantee and USFWS. Enforcement of the terms of this
Conservation Easement by Grantee or USFWS shall be at the discretion of the enforcing party,
and any forbearance by Grantee or USFWS to exercise its rights under this Conservation
Easement in the event of any breach of any term of this Conservation Easement shall not be
deemed or construed to be a waiver by Grantee or USFWS of such term or of any subsequent
breach of the same or any other term of this Conservation Easement or of any rights of Grantee
or USFWS (as a third-party beneficiary)under this Conservation Easement. No delay or
omission by Grantee or USFWS in the exercise of any right or remedy shall impair such right or
remedy or be construed as a waiver.
12. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or USFWS to bring any action against Grantor for
any injury to or change in the Property resulting from any natural cause beyond Grantor's
control, including, without limitation, fire not caused by Grantor, flood, storm, and earth
movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate,
or mitigate significant injuryto persons or the Property resulting from such causes.
13. [Optional] Fence Installation and Maintenance'.Grantor shall install and maintain
a fence that is approved in writing by Grantee and USFWS around the Property to protect the
Conservation Values of the Property.
14. Access. This Conservation Easement does not convey a general right of access to
the public.
15 + Costs and Liabilities. Except for those obligations of the Land Manager, which
obligations will be provided in a separate agreement between Grantor, Grantee and the Land
Manager,Grantor retains all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Property. Grantor agrees
that neither Grantee nor USFWS shall have any duty or responsibility for the operation, upkeep
or maintenance of the Property, the monitoring of hazardous conditions thereon,or the protection
of Grantor, the public or any third parties from risks relating to conditions on the Property.
Grantor and Grantee each remains solely responsible for obtaining any applicable governmental
permits and approvals required for any activity or use permitted by this Conservation Easement,
including those required from USFWS acting in its regulatory capacity,and any activity or use
shall be undertaken in accordance with all applicable federal, state, local and administrative
agency statutes,codes, ordinances,rules, regulations, orders and requirements.
16. Taxes; No Liens. Grantor shall pay before delinquency all taxes, assessments
(general and special), fees, and charges of whatever description levied on or assessed against the
Property by competent authority (collectively"Taxes"), including any Taxes imposed upon, or
Resolution No. 2025-4316
Page 44
incurred as a result of,this Conservation Easement,and shall furnish Grantee and USFWS with
satisfactory evidence of payment upon request. Grantor and Grantee each shall keep the
Property free from any liens(other than a security interest that is expressly subordinate to this
Conservation Easement as provided in Sections 24(k)and(I)) [verify these section numbers
refer to "Additional Provisions"- "Warranty"and "Additional Easements"sections],
including those arising out of any obligations incurred for any labor or materials furnished or
alleged to have been furnished to or for Grantor or Grantee at or for us$on the Property.
17. Hold Harmless.
(a) Grantor shall hold harmless, protect, and indemnify Grantee and its
directors,officers, employees, agents, contractors,and representatives and the heirs, personal
representatives,successors and assigns of each of them(each a"Grantee Indemnified Party"and,
collectively, "Grantee's Indemnified Parties")from and against any and all liabilities,penalties,
costs, losses,damages,expenses(including, without limitation,reasonable attorneys' fees and
experts' fees), causes of action,claims, demands, orders, liens or judgments (each a"Claim"and,
collectively, "Claims"), arising from or in any way connected with: (1) injury to or the death of
any person,or physical damage to any property,resulting from any act,omission,condition,or
other matter related to or occurring on or about the Property, except that this indemnification
shall be inapplicable to Grantee's Indemnified Parties with respect to any Claim due solely to the
negligence or willful misconduct of Grantee's Indemnified Parties; (2) the obligations specified
in Sections 5, 15,and 16 [verify the section numbers listed here refer to "Grantor's Duties,"
"Costs and Liabilities,"and"Taxes;No Liens"sections]: and (3) the existence or
administration of this Conservation Easement.
(b) Grantor shall hold harmless, protect, and indemnify USFWS and its
directors,officers, employees, agents, contractors and representatives, and the heirs,personal
representatives,successors and assigns of each of them (each a"USFWS Indemnified Party"
and, collectively,"USFWS's Indemnified Parties") from and against any and all Claims arising
from or in any way connected with: (1) injury to or the death of any person,or physical damage
to any property, resulting from any act,mission, condition, or other matter related to or
occurring on or about the Property; and(2)the existence or administration of this Conservation
Easement. Provided,however, that this indemnification shall be inapplicable to a USFWS
Indemnified Patty with respect to any Claim due solely to the negligence or willful misconduct
of that USFWS Indemnified Party. If any action or proceeding is brought against any of
USFWS's Indemnified Parties by reason of any Claim to which the indemnification in this
Section 16 applies, then Grantor shall, at the election of and upon written notice from the
USFWS Indemnified Party, defend such action or proceeding by counsel reasonably acceptable
to the USFWS Indemnified Party or reimburse the USFWS Indemnified Party for all charges
incurred for services of the U.S. Department of Justice in defending the action or proceeding.
(c) Grantor's obligations under this Section may be assigned, in whole or in
part, by Grantor to the Land Manager with respect to any Claim that arises from an act or
omission of Land Manager in connection with the management of the Habitat Conservation Plan,
including the Long-Term Management Plan.
Resolution No. 2025-4316
Page 45
18. Extinguishment. If circumstances arise in the future that render the purposes 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. Grantor shall provide written notice to Grantee and USFWS at least forty-five
(45)days prior to taking any action to extinguish this Conservation Easement and prior to
extinguishment shall provide a conservation easement at an alternative site to Grantee,or
another entity or organization authorized to acquire and hold conservation easements under
California Civil Code section 815.3 (or any successor provision then applicable)or the laws of
the United States,that has been approved in writing by USFWS, or shall provide alternative
mitigation acceptable to USFWS and determined in writing by USFWS to be adequate to
mitigate for the impacts to the species covered under the Permit. No such extinguishment
shall affect the value of Grantee's interest in the Prouty, and if the Property, or any
interest therein, is sold, exchanged, or taken after such'extinguishment, Grantee shall be
entitled to receive its pro-rata share of the proceeds of such sale. exchange or taking. The
amount of the compensation to which Grantee shall be entitled from any sale. exchange,or
taking of all or any portion of the Property subsequent to such extinguishment shall be based
on the respective fair market values of the interests of Grantee and Grantor extinguished as
determined in the judicial extinguishment proceedings, and Grantee shall use any proceeds
received in a manner determined in writing by USFWS to be consistent with the purposes of
this Conservation Easement and Grantor's mitigation obligations under the Permit.
19. Condemnation. This Conservation Easement is a"conservation easement"as
defined in California Code of Civil Procedure section 1240.055(a)(1)and constitutes"property
appropriated to public use"as defined in California Code of Civil Procedure section
1240.055(a)(3). USFWS is a public entity that imposed conditions upon issuance of the Permit
that were satisfied, in whole or in part,by the creation of this Conservation Easement, as
described in California Code of Civil Procedure section 1240.055(a)(3). A person authorized
to acquire property for public use by eminent domain shall seek to acquire the Property, if at
all,only as provided in California Code of Civil Procedure section 1240.055. The purposes of
this Conservation Easement are presumed to be the best and most necessary public use as
defined at California Code of Civil Procedure section 1240.680, notwithstanding California
Code of Civil Procedure sections 1240.690 and 1240.700. If any person seeks to acquire the
Property for public use, Grantee shall immediately provide written notice to USFWS and
comply with all obligations of the holder of a conservation easement under California Code of
Civil Procedure section 1240.055. Grantee shall use any proceeds received from
condemnation of the Property in a manner determined by USFWS in writing to be
consistent with the purposes of this Conservation Easement and Grantor's mitigation
obligations under the Permit. [If CDFW is a third-party beneficiary add: If the
Conservation Easement is condemned,the net proceeds from the condemnation shall also be
used in compliance with California Government Code section 65966(j).1
20. Transfer of Easement. This Conservation Easement may only be assigned or
transferred by Grantee with the prior written approval of USFWS. Grantee may assign this
Conservation Easement only to an entity or organization approved in advance in writing by
Resolution No. 2025-4316
Page 46
Grantor and USFWS that is authorized to acquire and hold conservation easements pursuant to
California Civil Code section 815.3 [if CDFW is a third-party beneficiary add: and California
Government Code section 65967[ (and any successor or other provisions then applicable)or the
laws of the United States. Grantee shall require the transferee to record the assignment in the
county where the Property is located. The failure of Grantee to perform any act provided in this
Section 19 shall not impair the validity of this Conservation Easement or limit its enforcement in
any way.
21. Transfer of Property. Grantor agrees to incorporate the terms of this Conservation
Easement by reference in any deed or other legal instrument by which Grantor divests itself of
any interest in all or any portion of the Property, including, without limitation. a leasehold
interest. . Grantor further agrees to give written notice to Grantee and USFWS of the intent to
transfer any interest at least sixty(60)days prior to the date of such transfer. Grantee USFWS
shall have the right to prevent any transfer in which prospective subsequent claimants
transferees are not given notice of the covenants,terms, conditions and restrictions of this
Conservation Easement. . The failure of Grantor. Grantee, or USFWS to perform any act
provided in this Section 20 shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.22. No Merger. The doctrine of merger is not intended to apply and shall not operate
to extinguish this Conservation Easement if the Conservation Easement and the Property become
vested in the same party. If,despite this intent.the doctrine of merger applies to extinguish the
Conservation Easement then,unless Grantor, Grantee, and USFWS otherwise agree in writing, a
replacement conservation easement or restrictive covenant containing the same protections
embodied in this Conservation Easement shall promptly be recorded against the Property by
Grantee, or its successor in interest, in favor of a third party approved in writing by USFWS to
ensure that the mitigation obligations required under the Permit identified in Recital C,which
include conservation of the Property in perpetuity through execution and recordation of a
conservation fasement or equivalent,Uegal mechanism, and the purposes of California Civil
Code section 815,are fulfilled. Until such replacement conservation easement or equivalent
legal mechanism is executed and recorded, Grantee or its successor in interest shall continue to
protect the Property in accordance with the terms of the original Conservation Easement. Any
and all terms and conditions of this Conservation Easement shall be deemed covenants and
restrictions upon the Property,which shall run with the land according to California law and
otherwise exist in perpetuity.
23. Notices. -Any notice, demand, request,consent, approval, or other communication
that a Party desires or is required to give to the other Party shall be in writing, with a copy to
USFWS,and be served personally or sent by recognized overnight courier that guarantees next-
day delivery or by first class United States mail, postage fully prepaid, and addressed as follows:
To Grantor: [Name]
[Address]
[City, State Zip]
[Attn:]
Resolution No. 2025-4316
Page 47
To Grantee: [Name]
[Address]
[City, State Zip]
[Attn:]
To USFWS [Name of Field Office]
[Address]
[City, State Zip]
Attn: Field Supervisor
or to such other address as Grantor or Grantee may designate by written notice to the other Party,
with a copy to USFWS,or as USFWS may designate by written notice to the Parties. Notice
shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight
courier or, in the case of delivery by first class mail. three (3) business days after deposit into the
United States mail.
24. Amendment. This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement and subject to the prior written consent of USFWS.
Any such amendment shall be consistent with the purposes of this Conservation Easement,the
Permit requirements, and California law governing conservation easements and shall not affect
its perpetual duration. Any such amendment shall be recorded in the Official Records of the
county in which the Property is located, and Grantee shall promptly provide a conformed copy of
-'
the recorded amendment to Grantor and USFWS.
25. Additional Provisions
(a) Controlling Law. The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California, disregarding the conflicts of
law principles of such state, and applicable federal law.
(b) Liberal Construction. Despite any general rule of construction to the
contrary,this Conservation Easement shall be liberally construed to accomplish the purposes of
this Conservation Easement and the policy and purpose of California Civil Code section 815 et
seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent
with the purposes of this 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 any other persons or circumstances.
(d) Entire Agreement. This instrument, including the documents incorporated
by reference in it, along with the Agreement with the Land Manager referred to in the recitals,
Resolution No. 2025-4316
Page 48
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 24 [verify this section number
refers to "Amendment"section].
(e) No Forfeiture. Nothing contained in this Conservation Easement will
result in a forfeiture of Grantor's title in any respect.
(f) Successors. The covenants,terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the Parties and their
respective personal representatives, heirs, successors,and assigns and shall constitute a servitude
running in perpetuity with the Property.
(g) Covenant Running with the Land. This Conservation Easement and
covenants contained herein(1)are imposed upon the Property; (2) shall run with and against the
same and shall be a charge and burden thereon for the benefit of Grantee, or any successor in
interest, and USFWS; and(3)are perpetual and irrevocable.
(h) Termination of Rights and Oblitzations. A Party's rights and obligations
under this Conservation Easement terminate upon transfer of the Party's interest in the
Conservation Easement or Property, except that liability for acts,omissions,or breaches
occurring prior to transfer shall survive transfer.
(I) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(j) No Hazardous Materials Liability.
(1) Except as disclosed in any Phase I report provided to Grantee prior
to the recordation of this Conservation Easement, Grantor represents and warrants to Grantee and
USFWS that it has no knowledge or notice of any Hazardous Materials(defined below)or
underground storage tanks existing, generated,treated, stored, used, released, disposed of,
deposited or abandoned in. on, under,or from the Property,or transported to or from or affecting
the Property
Resolution No. 2025-4316
Page 49
(2) Without limiting the obligations of Grantor under Section 17
[verify that section number refers to "Hold Harmless"section] of this Conservation Easement,
Grantor hereby releases and agrees to indemnify,protect and hold harmless Grantee's
Indemnified Parties and USFWS's Indemnified Parties (each as defined in Section 17 [same
instruction as above]) from and against any and all Claims (as defined in Section 17 [same
instruction as above])arising from or connected with any Hazardous Materials or underground
storage tanks present, alleged to be present, released in, from, or about, or otherwise associated
with the Property at any time, except that this release and indemnification shall be inapplicable to
the Grantee's Indemnified Parties or USFWS's Indemnified Parties with respect to any
Hazardous Materials placed,disposed, or released by Grantee's Indemnified Parties or USFWS's
Indemnified Parties. This release and indemnification includes, without limitation,Claims for
(a) injury to or death of any person or physical damage to any property: and (b)the violation or
alleged violation of,or other failure to comply with, any`Efvironmental Laws (defined below).
If any action or proceeding is brought against any of USFWS's Indemnified Parties by reason of
any such Claim,Grantor shall, at the election of and upon written notice from the USFWS
Indemnified Party, defend such action or proceeding by counsel reasonably acceptable to the
USFWS Indemnified Party or reimburse the USFWS Indemnified Party for all charges incurred
for services of the U.S. Department of Justice in defending the action or proceeding.
(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 to Grantee or USFWS any of the following:
(A) The obligations or liability of an"owner"or"operator,"as
those terms are defined and used in Environmental Laws(defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980,as amended (42 U.S.C. section 9601 et seq.;hereinafter,"CERCLA"); or
(B) The obligations or liabilities of a person described in 42
U.S.C. section 9607(a)(3) or(4); or
(C) The obligations of a responsible person under any
applicable Lm,ironmental Laws or
(D) The right or duty to investigate and remediate any
Hazardous Materials associated with the Property; or
(E) Any control over Grantor's ability to investigate, remove,
remediate or otherwiclean up any Hazardous Materials associated with the Property.
(4) The term "Hazardous Materials" includes, without limitation,(a)
material that is flammable,explosive or radioactive; (b)petroleum products, including
by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or
toxic substances,or related materials defined in CERCLA,the Resource Conservation and
Recovery Act of 1976(42 U.S.C. section 6901 et seq.; hereinafter"RCRA");the Hazardous
Materials Transportation Act(49 U.S.C. section 5101 et seq.; hereinafter"HTA"); the Hazardous
Waste Control Law(California Health& Safety Code section 25100 et seq.; hereinafter"HCL");
Resolution No. 2025-4316
Page 50
the Carpenter-Presley-Tanner Hazardous Substance Account Act(California Health& Safety
Code section 25300 et seq.; hereinafter"HSA"), and in the regulations adopted and publications
promulgated pursuant to them, or any other applicable Environmental Laws now in effect or
enacted after the date of this Conservation Easement.
(5) The term "Environmental Laws" includes, without limitation,
CERCLA, RCRA, HTA, HCL, HSA,and any other federal, state, local or administrative agency
statute,code,ordinance, rule, regulation,order or requirement relating to pollution,protection of
human health or safety,the environment or Hazardous Materials. Grantor represents, warrants
and covenants to Grantee and USFWS that activities upon and use of the Property by Grantor, its
agents, employees, invitees and contractors will comply with all Environmental Laws. Grantee
represents, warrants and covenants to Grantor and USFWS that activities upon and use of the
Property by Grantee, its agents, employees, invitees and contractors will comply wit 1
Environmental Laws.
(k) Warranty. Grantor represents and warrants that Grantor is the sole owner
of fee simple title to the Property; that the Property is not subject to any other conservation
easement; and that there are no outstanding mortgages. liens, encumbrances or other interests in
the Property (including, without limitation, water and mineral interests)that may conflict or are
otherwise inconsistent with this Conservation Easement and which have not been expressly
subordinated to this Conservation Easement by a written,recorded Subordination Agreement
approved by Grantee and USFWS.
(1) Additional Easements. Grantor shall not grant any additional easements,
rights of way,or other interests in the Property (other than a security interest that is expressly
subordinated to this Conservation Easement),or grant,transfer, abandon, or relinquish(each a
"Transfer")any mineral,air, or water right, or any water associated with the Property, without
first obtaining the written consent of Grantee and USFWS. Grantee or USFWS may withhold
such cons_sill if it determines that the proposed interest or Transfer is inconsistent with the Permit
or the puliPlbs of this Conservation Easement or may impair or interfere with the Conservation
Values of the Property. This Section 24(1)shall not limit the provisions of Sections 2(d)or 4(n)
[verify that these section numbers refer to mineral,air and water rights[,nor prohibit transfer
of a fee or leasehold interest in the Property that is subject to this Conservation Easement and
complies with Section 20 [verify that section number refers to "Transfer of Property"section].
Grantor shall provide a certified copy of any recorded or unrecorded grant or Transfer document
iiiir
to Grantee and USF
(m) ecording. Grantee shall record this Conservation Easement in the
Official Records of the county in which the Property is located, and may re-record it at any time
as Grantee deems necessary to preserve its rights in this Conservation Easement.
Resolution No. 2025-4316
Page 51
IN WITNESS WHEREOF,the Parties have executed this Conservation Easement as of
the day and year first set forth above.
GRANTOR: GRANTEE:
[Insert full legal name of Grantor] [Insert full legal name of Grantee]
BY: BY:
NAME: NAME:
-111L.
TITLE: TITLE:
DATE: DATE:
[NOTE: ATTACH FORM OF NOTARY ACKNOWLEDGMENT]
r Y
Resolution No. 2025-4316
Page 52
[EXAMPLE]
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On ,20 , before me, ,a Notary
Public in and for the State of California, personally appeared
, personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person, or the entity upon behalf of which the
person acted,executed the instrument. Ato
WITNESS my hand and official seal. ,y
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORNIA )
ilk 'NJ
r ,
ss.
COUNTY OF LOS ANGELES )
On ,20 .before me, , a Notary
Public in and for the State of California, personally appeared
, personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument,the person,or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
Resolution No. 2025-4316
Page 53
[NOTE: ATTACH EXHIBIT]
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
)4400
4SeSSS1441./
Resolution No. 2025-4316
Page 54
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
CERTIFICATION
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2025-4316 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 7th day of May,
2025, and that the same was adopted by the following vote:
AYES: Councilmembers Barrett, Castro, Delgado and Means and Mayor
Enegren
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th day of May, 2025.
Ky Spier,a ler it erk
� Y
(seal)
pAi7K
0140
i AZ
4110
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9 •
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