12-0828_SPIESS CONSTRUCTION_Decl. of Covenants and RestrictionsRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
Benefits/Requested by:
City of San Juan Capistrano
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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This Space for Recorder's Use Only
DECLARATION OF COVENANTS AND RESTRICTIONS
SUN RANCH DRAINAGE EASEMENT IMPROVEMENTS PROJECT
RECORDING REQUESTED BY }
AND WHEN RECORDED MAIL TO: }
City of San Juan Capistrano )
32400 Paseo Adelanto }
San Juan Capistrano, CA 92675
)
} Space above for recorder's use
EXEMPT FROM RECORDER'S FEES
Govt. Code §§ 6103 and 27383
APN(s):
DECLARATION OF COVENANTS AND RESTRICTIONS
Sun Ranch Drainage Easement Improvements Project
This DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of
this 11, day of ',J a. � )° _ ww �p, 2013, by the City of San Juan Capistrano
("Declarant"), for the benefit of the California Regional Water Quality Control Board, San Diego
Region (the "Board"), with reference to the following facts:
RECITALS
A. Declarant is a municipal corporation of the State of California and is owner of a drainage
easement on Tract No. 6742, County of Orange, State of California, legally described in
Exhibit "A" and more particularly depicted on the map in Exhibit "B" ("Easement"),
attached hereto and incorporated herein by reference.
B. Declarant was granted the easement for drainage purposes.
C. The Board has issued Declarant a Clean Water Act Section 401 Water Quality
Certification 12C-013 ("Certification") for discharges to waters of the United States
and/or State of California and acknowledgement of enrollment under State Water
Resources Control Board Order No. 2003-017-DWQ for Declarant's Sun Ranch
Drainage Easement Improvements Project ("Project"), on file with the City and the
Board.
D. The Certification requires Declarant to implement certain mitigation measures as
described in Declarant's Habitat Mitigation and Monitoring Plan for the Project
("HMMP"), on file with the City and the Board.
E. The Certification also requires Declarant to protect the implemented mitigation sites and
their buffers ("Mitigation Sites") in perpetuity, all of which lies within the boundaries of
Declarant's Easement, as depicted on the map in Exhibit "C", attached hereto and
incorporated by reference.
The Mitigation Sites shall be preserved to protect the native wetland and riparian habitat
located within the Mitigation Sites and will be maintained and monitored in accordance
with the provisions of the Certification dated September 26, 2012. The Mitigation Sites
possess significant ecological and habitat values of great importance to the People of
the State of California and currently are and will remain in a Natural Condition as defined
herein, and are intended to be preserved in their natural, scenic, open condition to
maintain their aesthetic, ecological, educational, historical, recreational, and/or scientific
values (collectively, "Conservation Values").
& Declarant desires to preserve and protect the Mitigation Sites pursuant to the
Certification.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
NOW, THEREFORE Declarant on behalf of itself and Declarant's successors and assigns,
declares, acknowledges and agrees as follows:
In consideration of the above Recitals and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Declarant voluntarily records the following
covenants and restrictions in perpetuity over the Mitigation Sites depicted on Exhibit "C" under
the terms of this Declaration. Such covenants and restrictions shall run with the land, and be
binding upon Declarant's heirs, successors in interest, administrators, assigns, lessees, or other
occupiers and users of the Mitigation Sites or any portion thereof.
Purpose. The purpose of this Declaration is to ensure that the Mitigation Sites will be
retained in perpetuity in a Natural Condition, defined below, and is consistent with the
limitations set forth in the HMMP and Certification, to prevent Declarant's use of the
Mitigation Sites in a manner that will significantly impair or interfere with the
Conservation Values of the Mitigation Sites. Declarant intends that this Declaration will
confine its use of the Mitigation Sites to such activities which are consistent with the
conservation purposes of this Declaration.
The term "Natural Condition," as referenced in the preceding paragraph and other
portions of this Declaration, shall mean the condition of the Mitigation Sites as it exists at
the time this Declaration is executed, as well as future enhancements or changes to the
Mitigation Sites that occur directly as a result of in perpetuity maintenance, that occurs
on the Mitigation Sites as described in this Declaration, the HMMP, and the Certification.
2. Agreement to Preserve Habitat. Declarant understands, acknowledges and agrees that
the Mitigation Sites shall be restricted from any development by Declarant and shall be
reserved for use as habitat preservation under the terms set forth in the Certification and
ensures that Declarant will perform in perpetuity long-term maintenance, management
and monitoring as set forth in the Certification and HMMP.
3. Covenants Running with the Land. In consideration of the benefits to both parties, the
Declarant hereby covenants and agrees to restrict, and by this instrument does restrict,
the future use of the Mitigation Sites by Declarant and any future successor to
Declarant's Easement rights as it pertains to the Mitigation Sites, as set forth below,
through the establishment of these covenants running with the land in perpetuity.
4. Restrictions Concerning the Mitigation Sites. Declarant shall not engage in any activity
that is inconsistent with the purpose of this Declaration. Without limiting the generality of
the foregoing, the following activities on the Mitigation Sites are expressly prohibited,
except as allowed by the Certification.
2
a. Construction, reconstruction or placement of any building, billboard, structure, or
other improvement except as necessary to provide authorized long-term
maintenance of damaged structures, signage, or fencing as a result of vandalism
that protect the Mitigation Sites in perpetuity;
Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or
other agricultural chemicals; weed abatement activities; incompatible fire
protection activities; and any and all other uses which may adversely affect the
conservation purposes of this Declaration, except weed abatement activities
necessary to control or remove invasive, exotic plant species conducted by a
herbicide applicator licensed to work within habitat preserve areas, or as
approved by the Board;
c. Grazing and agricultural activity of any kind, unless specifically approved by the
Board;
d. Commercial or industrial uses;
e. Depositing or accumulating soil, trash, ashes, refuse, waste, bio -solids or any
other material;
f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing,
exploring for or extracting minerals, loam, gravel, soil, rock, sand or other
material on or below the surface of the Mitigation Sites, or granting or authorizing
surface entry for any of these purposes;
g. Altering the surface or general topography of the Mitigation Sites, including
building roads, paving or otherwise covering the Mitigation Sites with concrete,
asphalt, or any other impervious material;
Removing, destroying, or cutting trees, shrubs or other vegetation, except as
required for (i) fire protection measures, excluding fuel modification zones
(defined as a strip of mowed land or the planting of vegetation possessing low
combustibility for purposes of fire suppression); (ii) maintenance of existing foot
trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance;
(v) removal of noxious or invasive, exotic plants which threaten the integrity of
the habitat including but not limited to giant reed (Arundo donax), artichoke thistle
(Cynara cardunculus), pampas grass (Cortaderia selloana), saltcedar (Tamarisk
spp.), tree tobacco (Nicotiana glauca), mustard (Brassica tournefortit), Russian
thistle (Salsola spp.), Italian thistle (Carduus pycnocephalus), star thistle
(Centaurea solstitialis), milk thistle (Silybum marianum); or (vi) as deemed
appropriate by the Board for habitat enhancement purposes consistent with the
Conservation Values;
Use of motorized vehicles, including off-road vehicles, except on existing
roadways or as necessary to provide fire protection, law enforcement and
authorized maintenance of the Mitigation Sites;
j. Manipulating, impounding or altering any natural watercourse, body of water or
water circulation on the Mitigation Sites and any activities or uses detrimental to
3
water quality, including, but not limited to, degradation or pollution of any surface
or sub -surface waters;
k. Granting any additional interest in the Mitigation Sites that is inconsistent with
this Declaration, without the prior written authorization of the Board, which may
not be unreasonably withheld.
5. Long -Term Maintenance, Management. In addition to the other terms contained
herein, Declarant, its successor or assigns shall be responsible for the maintenance of
the Mitigation Sites in perpetuity. Such long-term maintenance shall be consistent with
the Certification.
6. Enforcement.
a. This Declaration is intended to ensure continued compliance with the terms and
conditions of the Certification, and, therefore, may be enforced by the Board;
b. The Board, its employees and agents and successors and assigns, have the
right, with reasonable 24-hour notice, to enter the Mitigation Sites at reasonable
times for the purpose of inspecting the Mitigation Sites to determine whether the
Declarant, or Declarant's representatives, successors or assigns are complying
with the terms, conditions and restrictions of this Declaration. The Board shall
also be permitted access to the Mitigation Sites in order to perform biological
surveys and/or long term monitoring for informational purposes. The results of
said biological surveys/monitoring surveys will be shared with Declarant upon
request.
c. The Board shall have the right to enforce each of the terms of this Declaration.
The failure of the Board to discover a violation or to take immediate legal action
shall not bar taking such action at a later time.
d. All reasonable costs incurred in enforcing the terms of this Declaration including,
but not limited to, costs of suit and attorneys' fees, and any costs of restoration
necessitated due to a violation or negligence under the terms of this Declaration
shall be borne by the violator.
e. Enforcement of the terms of this Declaration shall be at the discretion of the
Board and any forbearance to exercise rights of enforcement under this
Declaration in the event of any breach of any term of this Declaration shall not be
deemed or construed to be a waiver of such term or of any subsequent breach of
the same or any other term of this Declaration or of any rights under this
Declaration. No delay or omission in the exercise of any right or remedy upon
any breach shall impair such right or remedy or be construed as a waiver.
Nothing contained in this Declaration shall be construed to entitle the Board to
bring any action for any injury to or change in the Mitigation Sites resulting from
causes beyond Declarant's control, including, without limitation, fire not caused
by Declarant, flood, storm, and earth movement, or from any prudent action
taken by Declarant under emergency conditions to prevent, abate, or mitigate
significant threat to the public health and welfare, or actions by third parties
without the permission of the Declarant.
4
7. Remedies. If the Board determines that there is a violation of the. terms of this
Declaration or that a violation is threatened, written notice of such violation and a
demand for reasonable corrective action sufficient to cure the violation shall be given to
the Declarant who shall diligently pursue corrective action. The Board shall not be
entitled to damages for any violation, but shall be limited to prospective, injunctive relief
only.
8. Amendment, This Declaration may be amended by Declarant only by advance written
approval of the Board. Any such amendment shall be consistent with the purposes of
this Declaration and shall not affect its perpetual duration. Declarant shall record any
Board approved amended instrument in the official records of the County of Orange
within thirty (30) days of amendment, and shall provide a conformed copy of the
recorded amended Declaration to the Board within thirty (30) days of recordation.
9. Termination of Declaration. Upon prior written approval of the Board and in accordance
with the terms in the Certification, Declarant may grant a perpetual Conservation
Easement over the Mitigation Sites to a third party approved to hold Conservation
Easements under Civil Code § 815, et seq., and, by so doing, may terminate this
Declaration. Termination may only occur after a Conservation Easement has been
recorded and only if the approved Conservation Easement contains all the provisions set
forth in this Declaration and complies with the terms in the Certification.
10. Controlling Law. The interpretation and performance of this Declaration shall be
governed by the laws of the State of California.
[signatures on next page]
5
12. Severability. If any provision of this Declaration or the application thereof is
found to be invalid the remaining provisions of this Declaration or the application of such
provisions other than that found to be invalid shall not be affected thereby.
IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day
and year first above written. CITY OF SAN JUAN CAPISTRANO
Hans an Ligten, City Attorney
y:
0
n
TOAL ENGINEERING,
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA
2-8586
FAX9)498
9 (949 58625
PARCEL1
joB 13484 CITY OF SAN JUAN CAPISTRANO
INC. SHEET
O
92672 CALCULATED BYJJD DATE _ t)5 09 2013
CHECKED BY — DATE
SCALE
EXHIBIT 'A' - LEGAL DESCRIPTION
EASEMENT FOR STORM DRAIN PURPOSES
Portion of Tract No.6742 (M.M. 314/7-10)
San Juan Capistrano, California
In the City of San Juan Capistrano, County of Orange, State of California being that portion of Tract No. 6742,
as shown on a map recorded in Book 314, Pages 7 through 10, inclusive, of Miscellaneous Maps, in the Office
of the County Recorder of said Orange County, more particularly described as follows:
BEGINNING at the most Westerly corner of said Tract No. 6742; thence along the Southwesterly boundary of
said Tract No. 6742 the following courses: South 81 °12'00" East 432.57 feet, South 53°08'20" East 428.82 feet,
South 18°10'40" East 278.14 feet, South 39°47'40" East 361.87 feet to the most Southerly corner of said Tract
No. 6742; thence along the Easterly line of said Tract No. 6742 North 25°58'00" West 125.52 feet to a line
parallel with and 30.00 feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly
boundary of said Tract No. 6742 described as "South 39°47'40" East 361.87 feet"; thence along said parallel line
North 39°47'40" West 234.26 feet to a line parallel with and 30.00 feet Northeasterly of that certain course in the
hereinbefore mentioned Southwesterly boundary of said Tract No. 6742 described as "South 18°10'40" East
278.14 feet"; thence along said parallel line North 18°10'40" West 281.86 feet to a line parallel with and 30.00
feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly boundary of said Tract No.
6742 described as "South 53°08'20" East 428.82 feet"; thence along said parallel line North 53°08'20" West
467.02 feet to a line parallel with and 40.00 feet Northeasterly of that certain course in the hereinbefore
mentioned Southwesterly boundary of said Tract No. 6742 described as "South 81 °12'00" East 432.57 feet";
thence along said parallel line North 81'12'00" West 417.88 feet to the Northwesterly boundary of said Tract No.
6742; thence along said Northwesterly boundary South 13°42'00" West 40.15 feet to the POINT OF
BEGINNING.
1 -AND fit,
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* OLAV S. MEUM *
Y)� No. 4384 T
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PREPARED BY ME OR UNDER MY
DIRECTION ON.- ~ % ° !`✓
OLAV S. MEUM LS 4384
JOB 13484 CITY OF SAN JUAN, CAPISTRANO
TOAL ENGINEERING, INC. SHEET N0. 1 a� 1
139 AVENIDA NAVARRO JJ5
SAN CLEMENTE, CALIFORNIA 92672 CALCULATED BY D DATE 0109 2013
(949) 492-8586
FAX (949) 498-8625 CHECKED BY - DATE
SCALE
EXHIBIT 'A' — LEGAL DESCRIPTION
EASEMENT FOR STORM DRAIN PURPOSES
Portion of Tract No.6742 (M.M. 314/7-10)
San Juan Capistrano, California
PARCELI
In the City of San Juan Capistrano, County of Orange, State of California being that portion of Tract No. 6742,
as shown on a map recorded in Book 314, Pages 7 through 10, inclusive, of Miscellaneous Maps, in the Office
of the County Recorder of said Orange County, more particularly described as follows:
BEGINNING at the most Westerly corner of said Tract No. 6742; thence along the Southwesterly boundary of
said Tract No. 6742 the following courses: South 81'12'00" East 432.57 feet, South 53°08'20" East 428.82 feet,
South 18°10'40" East 278.14 feet, South 39°47'40" East 361.87 feet to the most Southerly corner of said Tract
No. 6742; thence along the Easterly line of said Tract No. 6742 North 25°58'00" West 125.52 feet to a line
parallel with and 30.00 feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly
boundary of said Tract No. 6742 described as "South 39°47'40" East 361.87 feet"; thence along said parallel line
North 39°47'40" West 234.26 feet to a line parallel with and 30.00 feet Northeasterly of that certain course in the
hereinbefore mentioned Southwesterly boundary of said Tract No. 6742 described as "South 18°10'40" East
278.14 feet"; thence along said parallel line North 18°10'40" West 281.86 feet to a line parallel with and 30.00
feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly boundary of said Tract No.
6742 described as "South 53°08'20" East 428.82 feet"; thence along said parallel line North 53°08'20" West
467.02 feet to a line parallel with and 40.00 feet Northeasterly of that certain course in the hereinbefore
mentioned Southwesterly boundary of said Tract No. 6742 described as "South 81'12'00" East 432.57 feet";
thence along said parallel line North 81°12'00" West 417.88 feet to the Northwesterly boundary of said Tract No.
6742; thence along said Northwesterly boundary South 13°42'00" West 40.15 feet to the POINT OF
BEGINNING.
LAND
J
k OLAV S, MEUM
tom„, No. 4384 �T
OF CAS \�,
PREPARED BY ME OR UNDER MY
DIRECTION ON; -6-43-13
ee,�,_J
OLAV S. MEUM LS 4384
TOAL ENGINEERING, INC.
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA 92672
2-8586
FAX9)498
9 (949 58625
PARCEL. 1
joe 13484 CITY OF SAN JUAN CAPISTRANO
SHEET
OF---!
CALCULATED BY JJD DATE 05/09/2013
CHECKED BY — DATE
SCALE
EXHIBIT 'A' - LEGAL DESCRIPTION
EASEMENT FOR STORM DRAIN PURPOSES
Portion of Tract No.6742 (M.M. 31417-10)
San Juan Capistrano, California
In the City of San Juan Capistrano, County of Orange, State of California being that portion of Tract No. 6742,
as shown on a map recorded in Book 314, Pages 7 through 10, inclusive, of Miscellaneous Maps, in the Office
of the County Recorder of said Orange County, more particularly described as follows:
BEGINNING at the most Westerly corner of said Tract No. 6742; thence along the Southwesterly boundary of
said Tract No. 6742 the following courses: South 81°12'00" East 432.57 feet, South 53°08'20" East 428.82 feet,
South 18°10'40" East 278.14 feet, South 39°47'40" East 361.87 feet to the most Southerly corner of said Tract
No. 6742; thence along the Easterly line of said Tract No. 6742 North 25°58'00" West 125.52 feet to a line
parallel with and 30.00 feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly
boundary of said Tract No. 6742 described as "South 39°47'40" East 361.87 feet"; thence along said parallel line
North 39°47'40" West 234.26 feet to a line parallel with and 30.00 feet Northeasterly of that certain course in the
hereinbefore mentioned Southwesterly boundary of said Tract No. 6742 described as "South 18°10'40" East
278.14 feet"; thence along said parallel line North 18°10'40" West 281.86 feet to a line parallel with and 30.00
feet Northeasterly of that certain course in the hereinbefore mentioned Southwesterly boundary of said Tract No.
6742 described as "South 53°08'20" East 428.82 feet"; thence along said parallel line North 53°08'20" West
467.02 feet to a line parallel with and 40.00 feet Northeasterly of that certain course in the hereinbefore
mentioned Southwesterly boundary of said Tract No. 6742 described as "South 81°12'00" East 432.57 feet";
thence along said parallel line North 81°12'00" West 417.88 feet to the Northwesterly boundary of said Tract No.
6742; thence along said Northwesterly boundary South 13°42'00" West 40.15 feet to the POINT OF
BEGINNING.
SAND
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