conservation and scenic easement deed - june 21,...

5
.";" ... ,- .... .. ,·u: :·:·· ._. _., . .. .... _ :.-.· .. ,__::.· ', .. .... .. 1s . ltff. WlltRll nmRUMlftl 13 II COJ1FlGl toFr m un ORtG1n1'l o>t FIL\ llt RESOLUTION NUMBER 74451 uus omct. County Administration Building ATTEST. I' ? 2 1983 Santa Rosa, California Et.VE T. LEWIS, & DATE: June 21, 1983 ei-otfitio ol the Board ol SuptmSOfS FILE: MS ·7353 ( Latta .) °'lntStt!t tbi: CoWl\1 flJ Deputy l 1 c=\ RECO:\DED 11.". :.:-1i.Jt-.ST OF l oo . 70 RESOLUTION OF THE BOARD OF SUPERVISORS OF ..... PAST . .IY PA. COUNTY OF SONOHA, STATE OF CALIFORNIA, ro:irm J\EaJROU fee$• - ,.n_ Pakl. Date b-30-tJ · RESOLUTION OF TIIE BOARD OF SUPERVISORS OF TIIE COUNTY OF STATE OF CALIFORNIA, ACCEPTING THE CONSERVATION AND SCENIC EASEMENT DEED OF NATURAL FOOD ASSOCIATES AND AUTHORIZING THE CHARUtAN TO SIGN ON BEHALF OF THE BOARD WHEREAS, MSD7383 was approved 'With the condition to establish a Conservation and Scenic Easement, and h1iEREAS, The applicant has submitted said agreement is acceptable to the County Counsel, and ·THEREFORE BE IT RESOLVF.D that the Sonoma County Board of Supervisors accepts the Conservation and Scenic Easement Deed pursuant to the conditions set forth in the approval of HS07383, and TIIEREFOP.E BE IT P.ESOLVED that the Board directs the County Clerk to take the necessary steps to the said easement deed as recorded \lith the County Recorder. TltE FOREGOING RESOLUTION was introduced by Supervisor, . vho moved its adoption, seconded-by Supervisor, and adopted on roll call by the follo'Wing vote: ADAMS: Aye PUTNAM: Aye . RUDEE: Absent ESPOSTI: Aye CARPENTER: Aye AYES: 4 NOES: 0 ABSENT: 1 ABSTAIN: 0 'WHEREUPON, THE Chairman declared the al:o ve and foregoing resolution duly adopted, and SO ORDERED.

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bull ltff WlltRll nmRUMlftl 13 II COJ1FlGl toFr m un ORtG1n1l ogtt FIL llt RESOLUTION NUMBER 74451 uus omct

County Administration Building ATTEST I middot 2 1983 Santa Rosa California

EtVE T LEWIS ~nty ~ amp DATE June 21 1983 ei-otfitio C~rllol the Boardol SuptmSOfS FILE MS middot7353 ( Latta ) deglntSttt ottampli~ tbiCoWl1

~tr~ flJ Deputy l 1 c=RECODED 11 -1iJt-ST OF l oo 70RESOLUTION OF THE BOARD OF SUPERVISORS OF TH~T -~MIN PAST IY PA COUNTY OF SONOHA STATE OF CALIFORNIA (fh~ef~I SOfID~ roirm JEaJROU

fee$bull - n_ Pakl Date b-30-tJ middot RESOLUTION OF TIIE BOARD OF SUPERVISORS OF TIIE COUNTY OF ~ SONOL~ STATE OF CALIFORNIA ACCEPTING THE CONSERVATION AND SCENIC EASEMENT DEED OF NATURAL FOOD ASSOCIATES AND AUTHORIZING THE CHARUtAN TO SIGN ON BEHALF OF THE BOARD

WHEREAS MSD7383 was approved With the condition to establish a Conservation and Scenic Easement and

h1iEREAS The applicant has submitted said agreement ~hich is acceptable to the County Counsel and

middotTHEREFORE BE IT RESOLVFD that the Sonoma County Board of Supervisors accepts the Conservation and Scenic Easement Deed pursuant to the conditions set forth in the approval of HS07383 and

TIIEREFOPE BE IT PESOLVED that the Board directs the County Clerk to take the necessary steps to ans~cr the said easement deed as recorded lith the County Recorder

TltE FOREGOING RESOLUTION was introduced by Supervisor vho moved its adoption seconded-by Supervisor and adopted on roll call by the folloWing vote

ADAMS Aye PUTNAM Aye RUDEE Absent ESPOSTI Aye CARPENTER Aye

AYES 4 NOES 0 ABSENT 1 ABSTAIN 0

WHEREUPON THE Chairman declared the alo ve and foregoing resolution duly adopted and

SO ORDERED

middot ~ -_ middot bullbull middotmiddotmiddotI P ~ bull bullbull r

830~2370

GOYBIDIKKRT CODE SECri011 27281

This is to certify that the interest in real property conveyed by

the Scenic Easement Deed and Agreement dated May 27 1983 from

Natural Food Associates

to the County of Sonoma

a political corporation andor government agency is hereby accepted by

order of the -~Bo~a_rd~o_f~Su~p~e_r_v_i_s_o_r_s_~~~~~~~~-~~~~-~~

on June 217 1983 on (or by the undersigned officer or agent on

behalf of the Board of Supervisors

pursuant to authority conferred by resolution of the Board of ~-~~~-~~

Supervisors

adopted on June 21 1983) and the grantee consents to recordation

thereof by its duly authorized officer

Chairman of Board of Supervisors

STATE OF CALIFORNIA)

COUNTY OF SONOMA )

A-~-rs ~3 day ot laquoamp_ 1983 bof~_r~middot~~ ~-=-~-- personally appeared ~Aamp~~ known to me to be Chairman of the Board of Supervisors of the County

of Sonoma State of California and known to me to be the person who

executed the within instrument on behalf of said public corporation

agency or political subdivision and acknowledgedto me that such

political subdivision executed the same ~_t_~~_t~~

OfOICIAl ( Al i ~c Rosmim GAY COOPER ~bull LJ 10llRY

f iUJll~ - ClllfOllSIA

~ ibullfbullrr1Pbull~ OrFfCE IN j gy SOlt~middot~A COUNTY ~micromiddot~~-middot P1y ommis~ion Expltrs Aug 2 1985 N~Mlie in and7orhe County j middot- middot -~---rmiddot~ bull -bullbull p=j

of Sonoma State of California jl tmiddot middot dngcsnfa

~- - middotmiddotmiddotmiddot ---

I

l

-- -- ---middot- -middot- - middot middotmiddot- shy as rr-r~middot3Tu-

CONSERVATION AND SCENIC EASEMENT DEED

This indenture made this tllentieth (20th) day of Hay 1983middot by and between NATURAL FOOD ASSOCIATES_an Illinois not-for-profit corporationmiddot duly authorized to do business in the State of California hereinafteX refelIed to as Granto and the COUNT) OF SONOMA a poli1ical subdivision of -the State of California hereinafter referred to as Grantee

RECITALS

A The Grantor is the owneF in fee of certain real property lituated in 1he County of Son0ma State of California more particularly described below and reshyferred to as the subject pNgtpeFty11

B The real propertr of the GIantor has certain natural scenic beauty and existing openness

c Both the Grantor and 1he Granteemiddot desire to preseIVe and conserve for the public benefit the great natural scenic beauty and existing openness natural condition and present state of use of the subject pNgtperty of the Grantor and

D The Grantor subject to the reservations hereinafter set forth wishes to middotgrant to the Grantee the scenic use of the subject property and thereby protect the present scenic beauty and existing openness by the restricted use and enjoyshyment of the p10perty by the Grantor

NOH THEREFORE for and in consideration of the premises the Grantor hereby grants and conveys to Grantee a conseXgtVation and scenic easement of the nature and characterand to the extent hereinafter expressed in that c~rtain rea1 properfy located in the County of Sonoma State of California and more particushylarly described in EXhibit ~A at-tached hereto and incorporated herein by reference

The easement shall constitute a servitude upon the subject property which results from the restrictions imposed by this instrument upon the use of the pNgtperty by Grantor To that end and for the purpose of a ccomplishing the intent of the parties the Grantor hereby covenants on behalf of itself its successors and assigns with the Grantee to do and refrain from doing severally and collectiveshyly upon the subject pNgtperty the various acts hereinafter mentioned to wit

FIRST The subject property will be used fat no purposes other than those which will maintain the existing openness and rural character of the site inshycluding agricultural uses such as demanstration fanns and related uses

SECOND The GIantor its successors and assigns shall refrain from doing any of the following acts upon the subject property to-wit

1 Place or erect any building intended for human occupancy or place any vehicle intended to be occupied for residential or commercial plllposes at the site except such structures as Jeferzgted to in -the reservations hereinafter made in paragraph Fourth

2 To do or cause to be done any act which will materially change the general topography of the present natural form of the subject property

TIIIRD Tue Grantor its successors arid assig0s shall not divide the subject pNgtperty into two or more parcels under separate ownership by sale gift or lease

FOURlll The Grantor on behalf of itself its successors and assigns hereby expressly reserves the_follcming rights and privileges -with respect to the subject property to-wit

1 The right to place erect or maintain upon the subject property one 5ingle-fai11ily dwelling and such utility _and accessory structures as are reasonably necessary for the use and enjoyment of the subject property by the Grantor its successors and assigns middot

2 The right to place erect or maintain upon the subject property a meeting room outbuildings and deJDOnstration buildings for a delllOnstration farm

3 The right to apply to the Sonoma County Board of Supervisors for and to utilize a use pennit for those uses set forth in items 26-28 of the Sonoma County Code ~hich are ogricultural in nature- or which are direct~y related middot to the maintenance and enhancement of agriculture

shy

_____________ _______________ i___

I middot

- 83042370

II Al1 uses occupancy ingress and egress 10 in and upon 1be subjec1 pxuperty not inconsis1ent with th~ middotreshgtictions specifically enumerated above in eluding the ~ight to prohibit entry thereon by unauthorized persons

s The right to develop water sources including springs and to lay construct repair and replace pipes and conduits for the transportation of water

6 The right to manage the land and its resources in a manner consistent with accepted principles of conservation practice

FIFTH The grant of this easement is effective as of the date of its acceptance by the Grantee

SIXTII This grant shall bind Grantor and its successors and assigns shall constitute a servitude upon the subject property and the reservations set forth herein shall inure to the benefit of the Grantor its successors and assigns 10 1he extent bereinabovemiddotppovided~ middot -

IH WITNESS WHEREOF the Grantor has executed above written

AMEST

State of Indiana ) ) SS )County of~

On~] 1983 before XDe the undersigned authority a Notary Public in and forsd County and State personally appeared HUGH PADDOCK known to me to be or ptOVed to me on the basis of satisfactory evidence to be the person who executed the within instrument as President of the coJPoration therein named and acknowledged to me that the corporation executed it

HOTARY PUBLIC

bull - middot~ middot~-u ~ middot ~ middot middot~~ middot ff M-~ IM4 C t-lkl JAt

middot -bull - middotmiddot middotmiddotmiddot -- middotmiddotPrinted or i)ped Name

---------~

(Seal) ~middot11 it f bulldegtbull middot - bull ~ y( bull t 5 2 shy ~-----=-=- d-=----------~

1 tit~ i bull bull bull --middot i HYi commission expires_~~~~--

i Jmiddot 5middot~ _ ~ middotmiddot_ I middot~middot ~ )) ) -middot _- ---middot ~middotmiddotmiddot middotmiddotmiddot

) SS

)

State of Washington

County or4uu S bull 1983 before me the llldersigned authority a Notary Public

in and ~~-f-l~c=o-un-ty and State personally appeai-ed LORRAINE MOFFETTbull known to me to be proved to me on the basis of satisfactory eyidence to be the person who executed the withinmiddot instrument as Secretary of the corporation therein named and acknowledged to me that the corporation executed it

Printed or (Sea1) Typed llame~s-c4a kidSpt(11Z

EXHIBIT A

DESCRJPlIOO

All that real prqgterty situate in the Uninoorporated area County of Soncma State of California and is describedmiddot as follQis

Beginning at the Northeast comer of out IJJt 506 as marked and laid dcMrl on OFarrells map of the lltMll of SOnatB and thence running Soltherly along the Eastern boundary line of Out Int 506 a distance of 1974 dlains or 130284 feet to a ironwrent which is a large stone set erect in the ground aoo marked with the letter M thence deflecting tCMard the West 7528 running upgtn a course of Sooth 65-34deg west a distance of 6 chains to a stake marked M thence upln a course of south 63-34deg West until it intersects the center of sonana Creek thence up the center of SOnana Creek to its junction with Agua Caliente Creek thence up said Creek to the point of intersection of a line running at right anJles fran the Northeast comer of lot 506 thence running Easterly along the Northern Boondary of OUt lots 507 aoo 506 to the place of begirminJ also all that piece of lanc1 extending between said lots 506 aoo 507 rreasuri03 in le03th 400 yards by 18-13 yards in width Also that certain strip of land adjoining the TltMrl of El Verano boonded on the westerly by Riverside Avenue arxl Easterly by the land kncMn as the Maxwell Fann and land formerly owned by Mary J Storm and knCMn as the Stoan place and extending fran Maple Avenue on the North to the Northerly boundary line of Iot 3 in Block 110 on the Sooth said boundary line of lot 3 in Block O beginning on Riverside Avenue oppgtsite the Southerly line of sonana Avenue and extendshyiDJ fran Riverside Avenue to the center of Soncma Creek the said described strips of land including and anbracinJ all the land lying between Riverside Avenue (the sare being an Avenue 60 feet in width) on the West arxl the center of Sonana Creek on the East and said Maple Avenue on the North and said Northshyerly line of wt 3 of Block O on the South as laid out shown and designated on the official nap of the Tom of El Verano arxl subdivisions of adjoining prcperty of the sonana Valley ImprOllemmt Ccmpany filed in the office of the County Rerorder of Soncma County California

Tne pranises above described being the sare property conveyed by ATJrI Maxwell to Maxwell Estat~ tyen deed dated Decenber 27 1911 and recorded August 24 1912 in Book 302 of Deeds page 72 Soncml County Reoords and conveyed by Donald Hebard Maxwell to Maxwell Estate datedDecember 28 1911 and recorded August 24 1912 in Book 302 of Deeds page 74 Sonclna County RecordS

Excepti03 fran said property hereinabove described any ixgtrtion of said property which nay be within the public streets roads or highways

Also excepting therefran the conveyance fran Maxwell Estate a corporation to Sonana County dated October 10 1949 aoo recorded October 26 1949 under Recordshyers Serial No C-99940 in Bodt 914 of Official Records page 392 Sonara County Rerords

Also excepting therefran the judgrrent of condamation recorded August 9 1907 in Book 238 of Deeds page 2~0 Sonana County Records

Also excepting therefran that prcperty conveyed to the County of Sonara a political stixiivision by deed reoorded May 11 1981 under Recorders Document No 81-25787 aoo re-recorded Hay 29 1981 under Reoorders DoOJrrent No 81-30000 Sonana County Records

Also excepting therefran Parcel 1 Parcel Map No 7383 ~s per map thereof filed

for rerord -1o -~ in Bodtff7 of Maps at page C-J ScnaTe County

Rerords

(PIN) _A P 127-141-13

middot ~ -_ middot bullbull middotmiddotmiddotI P ~ bull bullbull r

830~2370

GOYBIDIKKRT CODE SECri011 27281

This is to certify that the interest in real property conveyed by

the Scenic Easement Deed and Agreement dated May 27 1983 from

Natural Food Associates

to the County of Sonoma

a political corporation andor government agency is hereby accepted by

order of the -~Bo~a_rd~o_f~Su~p~e_r_v_i_s_o_r_s_~~~~~~~~-~~~~-~~

on June 217 1983 on (or by the undersigned officer or agent on

behalf of the Board of Supervisors

pursuant to authority conferred by resolution of the Board of ~-~~~-~~

Supervisors

adopted on June 21 1983) and the grantee consents to recordation

thereof by its duly authorized officer

Chairman of Board of Supervisors

STATE OF CALIFORNIA)

COUNTY OF SONOMA )

A-~-rs ~3 day ot laquoamp_ 1983 bof~_r~middot~~ ~-=-~-- personally appeared ~Aamp~~ known to me to be Chairman of the Board of Supervisors of the County

of Sonoma State of California and known to me to be the person who

executed the within instrument on behalf of said public corporation

agency or political subdivision and acknowledgedto me that such

political subdivision executed the same ~_t_~~_t~~

OfOICIAl ( Al i ~c Rosmim GAY COOPER ~bull LJ 10llRY

f iUJll~ - ClllfOllSIA

~ ibullfbullrr1Pbull~ OrFfCE IN j gy SOlt~middot~A COUNTY ~micromiddot~~-middot P1y ommis~ion Expltrs Aug 2 1985 N~Mlie in and7orhe County j middot- middot -~---rmiddot~ bull -bullbull p=j

of Sonoma State of California jl tmiddot middot dngcsnfa

~- - middotmiddotmiddotmiddot ---

I

l

-- -- ---middot- -middot- - middot middotmiddot- shy as rr-r~middot3Tu-

CONSERVATION AND SCENIC EASEMENT DEED

This indenture made this tllentieth (20th) day of Hay 1983middot by and between NATURAL FOOD ASSOCIATES_an Illinois not-for-profit corporationmiddot duly authorized to do business in the State of California hereinafteX refelIed to as Granto and the COUNT) OF SONOMA a poli1ical subdivision of -the State of California hereinafter referred to as Grantee

RECITALS

A The Grantor is the owneF in fee of certain real property lituated in 1he County of Son0ma State of California more particularly described below and reshyferred to as the subject pNgtpeFty11

B The real propertr of the GIantor has certain natural scenic beauty and existing openness

c Both the Grantor and 1he Granteemiddot desire to preseIVe and conserve for the public benefit the great natural scenic beauty and existing openness natural condition and present state of use of the subject pNgtperty of the Grantor and

D The Grantor subject to the reservations hereinafter set forth wishes to middotgrant to the Grantee the scenic use of the subject property and thereby protect the present scenic beauty and existing openness by the restricted use and enjoyshyment of the p10perty by the Grantor

NOH THEREFORE for and in consideration of the premises the Grantor hereby grants and conveys to Grantee a conseXgtVation and scenic easement of the nature and characterand to the extent hereinafter expressed in that c~rtain rea1 properfy located in the County of Sonoma State of California and more particushylarly described in EXhibit ~A at-tached hereto and incorporated herein by reference

The easement shall constitute a servitude upon the subject property which results from the restrictions imposed by this instrument upon the use of the pNgtperty by Grantor To that end and for the purpose of a ccomplishing the intent of the parties the Grantor hereby covenants on behalf of itself its successors and assigns with the Grantee to do and refrain from doing severally and collectiveshyly upon the subject pNgtperty the various acts hereinafter mentioned to wit

FIRST The subject property will be used fat no purposes other than those which will maintain the existing openness and rural character of the site inshycluding agricultural uses such as demanstration fanns and related uses

SECOND The GIantor its successors and assigns shall refrain from doing any of the following acts upon the subject property to-wit

1 Place or erect any building intended for human occupancy or place any vehicle intended to be occupied for residential or commercial plllposes at the site except such structures as Jeferzgted to in -the reservations hereinafter made in paragraph Fourth

2 To do or cause to be done any act which will materially change the general topography of the present natural form of the subject property

TIIIRD Tue Grantor its successors arid assig0s shall not divide the subject pNgtperty into two or more parcels under separate ownership by sale gift or lease

FOURlll The Grantor on behalf of itself its successors and assigns hereby expressly reserves the_follcming rights and privileges -with respect to the subject property to-wit

1 The right to place erect or maintain upon the subject property one 5ingle-fai11ily dwelling and such utility _and accessory structures as are reasonably necessary for the use and enjoyment of the subject property by the Grantor its successors and assigns middot

2 The right to place erect or maintain upon the subject property a meeting room outbuildings and deJDOnstration buildings for a delllOnstration farm

3 The right to apply to the Sonoma County Board of Supervisors for and to utilize a use pennit for those uses set forth in items 26-28 of the Sonoma County Code ~hich are ogricultural in nature- or which are direct~y related middot to the maintenance and enhancement of agriculture

shy

_____________ _______________ i___

I middot

- 83042370

II Al1 uses occupancy ingress and egress 10 in and upon 1be subjec1 pxuperty not inconsis1ent with th~ middotreshgtictions specifically enumerated above in eluding the ~ight to prohibit entry thereon by unauthorized persons

s The right to develop water sources including springs and to lay construct repair and replace pipes and conduits for the transportation of water

6 The right to manage the land and its resources in a manner consistent with accepted principles of conservation practice

FIFTH The grant of this easement is effective as of the date of its acceptance by the Grantee

SIXTII This grant shall bind Grantor and its successors and assigns shall constitute a servitude upon the subject property and the reservations set forth herein shall inure to the benefit of the Grantor its successors and assigns 10 1he extent bereinabovemiddotppovided~ middot -

IH WITNESS WHEREOF the Grantor has executed above written

AMEST

State of Indiana ) ) SS )County of~

On~] 1983 before XDe the undersigned authority a Notary Public in and forsd County and State personally appeared HUGH PADDOCK known to me to be or ptOVed to me on the basis of satisfactory evidence to be the person who executed the within instrument as President of the coJPoration therein named and acknowledged to me that the corporation executed it

HOTARY PUBLIC

bull - middot~ middot~-u ~ middot ~ middot middot~~ middot ff M-~ IM4 C t-lkl JAt

middot -bull - middotmiddot middotmiddotmiddot -- middotmiddotPrinted or i)ped Name

---------~

(Seal) ~middot11 it f bulldegtbull middot - bull ~ y( bull t 5 2 shy ~-----=-=- d-=----------~

1 tit~ i bull bull bull --middot i HYi commission expires_~~~~--

i Jmiddot 5middot~ _ ~ middotmiddot_ I middot~middot ~ )) ) -middot _- ---middot ~middotmiddotmiddot middotmiddotmiddot

) SS

)

State of Washington

County or4uu S bull 1983 before me the llldersigned authority a Notary Public

in and ~~-f-l~c=o-un-ty and State personally appeai-ed LORRAINE MOFFETTbull known to me to be proved to me on the basis of satisfactory eyidence to be the person who executed the withinmiddot instrument as Secretary of the corporation therein named and acknowledged to me that the corporation executed it

Printed or (Sea1) Typed llame~s-c4a kidSpt(11Z

EXHIBIT A

DESCRJPlIOO

All that real prqgterty situate in the Uninoorporated area County of Soncma State of California and is describedmiddot as follQis

Beginning at the Northeast comer of out IJJt 506 as marked and laid dcMrl on OFarrells map of the lltMll of SOnatB and thence running Soltherly along the Eastern boundary line of Out Int 506 a distance of 1974 dlains or 130284 feet to a ironwrent which is a large stone set erect in the ground aoo marked with the letter M thence deflecting tCMard the West 7528 running upgtn a course of Sooth 65-34deg west a distance of 6 chains to a stake marked M thence upln a course of south 63-34deg West until it intersects the center of sonana Creek thence up the center of SOnana Creek to its junction with Agua Caliente Creek thence up said Creek to the point of intersection of a line running at right anJles fran the Northeast comer of lot 506 thence running Easterly along the Northern Boondary of OUt lots 507 aoo 506 to the place of begirminJ also all that piece of lanc1 extending between said lots 506 aoo 507 rreasuri03 in le03th 400 yards by 18-13 yards in width Also that certain strip of land adjoining the TltMrl of El Verano boonded on the westerly by Riverside Avenue arxl Easterly by the land kncMn as the Maxwell Fann and land formerly owned by Mary J Storm and knCMn as the Stoan place and extending fran Maple Avenue on the North to the Northerly boundary line of Iot 3 in Block 110 on the Sooth said boundary line of lot 3 in Block O beginning on Riverside Avenue oppgtsite the Southerly line of sonana Avenue and extendshyiDJ fran Riverside Avenue to the center of Soncma Creek the said described strips of land including and anbracinJ all the land lying between Riverside Avenue (the sare being an Avenue 60 feet in width) on the West arxl the center of Sonana Creek on the East and said Maple Avenue on the North and said Northshyerly line of wt 3 of Block O on the South as laid out shown and designated on the official nap of the Tom of El Verano arxl subdivisions of adjoining prcperty of the sonana Valley ImprOllemmt Ccmpany filed in the office of the County Rerorder of Soncma County California

Tne pranises above described being the sare property conveyed by ATJrI Maxwell to Maxwell Estat~ tyen deed dated Decenber 27 1911 and recorded August 24 1912 in Book 302 of Deeds page 72 Soncml County Reoords and conveyed by Donald Hebard Maxwell to Maxwell Estate datedDecember 28 1911 and recorded August 24 1912 in Book 302 of Deeds page 74 Sonclna County RecordS

Excepti03 fran said property hereinabove described any ixgtrtion of said property which nay be within the public streets roads or highways

Also excepting therefran the conveyance fran Maxwell Estate a corporation to Sonana County dated October 10 1949 aoo recorded October 26 1949 under Recordshyers Serial No C-99940 in Bodt 914 of Official Records page 392 Sonara County Rerords

Also excepting therefran the judgrrent of condamation recorded August 9 1907 in Book 238 of Deeds page 2~0 Sonana County Records

Also excepting therefran that prcperty conveyed to the County of Sonara a political stixiivision by deed reoorded May 11 1981 under Recorders Document No 81-25787 aoo re-recorded Hay 29 1981 under Reoorders DoOJrrent No 81-30000 Sonana County Records

Also excepting therefran Parcel 1 Parcel Map No 7383 ~s per map thereof filed

for rerord -1o -~ in Bodtff7 of Maps at page C-J ScnaTe County

Rerords

(PIN) _A P 127-141-13

~- - middotmiddotmiddotmiddot ---

I

l

-- -- ---middot- -middot- - middot middotmiddot- shy as rr-r~middot3Tu-

CONSERVATION AND SCENIC EASEMENT DEED

This indenture made this tllentieth (20th) day of Hay 1983middot by and between NATURAL FOOD ASSOCIATES_an Illinois not-for-profit corporationmiddot duly authorized to do business in the State of California hereinafteX refelIed to as Granto and the COUNT) OF SONOMA a poli1ical subdivision of -the State of California hereinafter referred to as Grantee

RECITALS

A The Grantor is the owneF in fee of certain real property lituated in 1he County of Son0ma State of California more particularly described below and reshyferred to as the subject pNgtpeFty11

B The real propertr of the GIantor has certain natural scenic beauty and existing openness

c Both the Grantor and 1he Granteemiddot desire to preseIVe and conserve for the public benefit the great natural scenic beauty and existing openness natural condition and present state of use of the subject pNgtperty of the Grantor and

D The Grantor subject to the reservations hereinafter set forth wishes to middotgrant to the Grantee the scenic use of the subject property and thereby protect the present scenic beauty and existing openness by the restricted use and enjoyshyment of the p10perty by the Grantor

NOH THEREFORE for and in consideration of the premises the Grantor hereby grants and conveys to Grantee a conseXgtVation and scenic easement of the nature and characterand to the extent hereinafter expressed in that c~rtain rea1 properfy located in the County of Sonoma State of California and more particushylarly described in EXhibit ~A at-tached hereto and incorporated herein by reference

The easement shall constitute a servitude upon the subject property which results from the restrictions imposed by this instrument upon the use of the pNgtperty by Grantor To that end and for the purpose of a ccomplishing the intent of the parties the Grantor hereby covenants on behalf of itself its successors and assigns with the Grantee to do and refrain from doing severally and collectiveshyly upon the subject pNgtperty the various acts hereinafter mentioned to wit

FIRST The subject property will be used fat no purposes other than those which will maintain the existing openness and rural character of the site inshycluding agricultural uses such as demanstration fanns and related uses

SECOND The GIantor its successors and assigns shall refrain from doing any of the following acts upon the subject property to-wit

1 Place or erect any building intended for human occupancy or place any vehicle intended to be occupied for residential or commercial plllposes at the site except such structures as Jeferzgted to in -the reservations hereinafter made in paragraph Fourth

2 To do or cause to be done any act which will materially change the general topography of the present natural form of the subject property

TIIIRD Tue Grantor its successors arid assig0s shall not divide the subject pNgtperty into two or more parcels under separate ownership by sale gift or lease

FOURlll The Grantor on behalf of itself its successors and assigns hereby expressly reserves the_follcming rights and privileges -with respect to the subject property to-wit

1 The right to place erect or maintain upon the subject property one 5ingle-fai11ily dwelling and such utility _and accessory structures as are reasonably necessary for the use and enjoyment of the subject property by the Grantor its successors and assigns middot

2 The right to place erect or maintain upon the subject property a meeting room outbuildings and deJDOnstration buildings for a delllOnstration farm

3 The right to apply to the Sonoma County Board of Supervisors for and to utilize a use pennit for those uses set forth in items 26-28 of the Sonoma County Code ~hich are ogricultural in nature- or which are direct~y related middot to the maintenance and enhancement of agriculture

shy

_____________ _______________ i___

I middot

- 83042370

II Al1 uses occupancy ingress and egress 10 in and upon 1be subjec1 pxuperty not inconsis1ent with th~ middotreshgtictions specifically enumerated above in eluding the ~ight to prohibit entry thereon by unauthorized persons

s The right to develop water sources including springs and to lay construct repair and replace pipes and conduits for the transportation of water

6 The right to manage the land and its resources in a manner consistent with accepted principles of conservation practice

FIFTH The grant of this easement is effective as of the date of its acceptance by the Grantee

SIXTII This grant shall bind Grantor and its successors and assigns shall constitute a servitude upon the subject property and the reservations set forth herein shall inure to the benefit of the Grantor its successors and assigns 10 1he extent bereinabovemiddotppovided~ middot -

IH WITNESS WHEREOF the Grantor has executed above written

AMEST

State of Indiana ) ) SS )County of~

On~] 1983 before XDe the undersigned authority a Notary Public in and forsd County and State personally appeared HUGH PADDOCK known to me to be or ptOVed to me on the basis of satisfactory evidence to be the person who executed the within instrument as President of the coJPoration therein named and acknowledged to me that the corporation executed it

HOTARY PUBLIC

bull - middot~ middot~-u ~ middot ~ middot middot~~ middot ff M-~ IM4 C t-lkl JAt

middot -bull - middotmiddot middotmiddotmiddot -- middotmiddotPrinted or i)ped Name

---------~

(Seal) ~middot11 it f bulldegtbull middot - bull ~ y( bull t 5 2 shy ~-----=-=- d-=----------~

1 tit~ i bull bull bull --middot i HYi commission expires_~~~~--

i Jmiddot 5middot~ _ ~ middotmiddot_ I middot~middot ~ )) ) -middot _- ---middot ~middotmiddotmiddot middotmiddotmiddot

) SS

)

State of Washington

County or4uu S bull 1983 before me the llldersigned authority a Notary Public

in and ~~-f-l~c=o-un-ty and State personally appeai-ed LORRAINE MOFFETTbull known to me to be proved to me on the basis of satisfactory eyidence to be the person who executed the withinmiddot instrument as Secretary of the corporation therein named and acknowledged to me that the corporation executed it

Printed or (Sea1) Typed llame~s-c4a kidSpt(11Z

EXHIBIT A

DESCRJPlIOO

All that real prqgterty situate in the Uninoorporated area County of Soncma State of California and is describedmiddot as follQis

Beginning at the Northeast comer of out IJJt 506 as marked and laid dcMrl on OFarrells map of the lltMll of SOnatB and thence running Soltherly along the Eastern boundary line of Out Int 506 a distance of 1974 dlains or 130284 feet to a ironwrent which is a large stone set erect in the ground aoo marked with the letter M thence deflecting tCMard the West 7528 running upgtn a course of Sooth 65-34deg west a distance of 6 chains to a stake marked M thence upln a course of south 63-34deg West until it intersects the center of sonana Creek thence up the center of SOnana Creek to its junction with Agua Caliente Creek thence up said Creek to the point of intersection of a line running at right anJles fran the Northeast comer of lot 506 thence running Easterly along the Northern Boondary of OUt lots 507 aoo 506 to the place of begirminJ also all that piece of lanc1 extending between said lots 506 aoo 507 rreasuri03 in le03th 400 yards by 18-13 yards in width Also that certain strip of land adjoining the TltMrl of El Verano boonded on the westerly by Riverside Avenue arxl Easterly by the land kncMn as the Maxwell Fann and land formerly owned by Mary J Storm and knCMn as the Stoan place and extending fran Maple Avenue on the North to the Northerly boundary line of Iot 3 in Block 110 on the Sooth said boundary line of lot 3 in Block O beginning on Riverside Avenue oppgtsite the Southerly line of sonana Avenue and extendshyiDJ fran Riverside Avenue to the center of Soncma Creek the said described strips of land including and anbracinJ all the land lying between Riverside Avenue (the sare being an Avenue 60 feet in width) on the West arxl the center of Sonana Creek on the East and said Maple Avenue on the North and said Northshyerly line of wt 3 of Block O on the South as laid out shown and designated on the official nap of the Tom of El Verano arxl subdivisions of adjoining prcperty of the sonana Valley ImprOllemmt Ccmpany filed in the office of the County Rerorder of Soncma County California

Tne pranises above described being the sare property conveyed by ATJrI Maxwell to Maxwell Estat~ tyen deed dated Decenber 27 1911 and recorded August 24 1912 in Book 302 of Deeds page 72 Soncml County Reoords and conveyed by Donald Hebard Maxwell to Maxwell Estate datedDecember 28 1911 and recorded August 24 1912 in Book 302 of Deeds page 74 Sonclna County RecordS

Excepti03 fran said property hereinabove described any ixgtrtion of said property which nay be within the public streets roads or highways

Also excepting therefran the conveyance fran Maxwell Estate a corporation to Sonana County dated October 10 1949 aoo recorded October 26 1949 under Recordshyers Serial No C-99940 in Bodt 914 of Official Records page 392 Sonara County Rerords

Also excepting therefran the judgrrent of condamation recorded August 9 1907 in Book 238 of Deeds page 2~0 Sonana County Records

Also excepting therefran that prcperty conveyed to the County of Sonara a political stixiivision by deed reoorded May 11 1981 under Recorders Document No 81-25787 aoo re-recorded Hay 29 1981 under Reoorders DoOJrrent No 81-30000 Sonana County Records

Also excepting therefran Parcel 1 Parcel Map No 7383 ~s per map thereof filed

for rerord -1o -~ in Bodtff7 of Maps at page C-J ScnaTe County

Rerords

(PIN) _A P 127-141-13

_____________ _______________ i___

I middot

- 83042370

II Al1 uses occupancy ingress and egress 10 in and upon 1be subjec1 pxuperty not inconsis1ent with th~ middotreshgtictions specifically enumerated above in eluding the ~ight to prohibit entry thereon by unauthorized persons

s The right to develop water sources including springs and to lay construct repair and replace pipes and conduits for the transportation of water

6 The right to manage the land and its resources in a manner consistent with accepted principles of conservation practice

FIFTH The grant of this easement is effective as of the date of its acceptance by the Grantee

SIXTII This grant shall bind Grantor and its successors and assigns shall constitute a servitude upon the subject property and the reservations set forth herein shall inure to the benefit of the Grantor its successors and assigns 10 1he extent bereinabovemiddotppovided~ middot -

IH WITNESS WHEREOF the Grantor has executed above written

AMEST

State of Indiana ) ) SS )County of~

On~] 1983 before XDe the undersigned authority a Notary Public in and forsd County and State personally appeared HUGH PADDOCK known to me to be or ptOVed to me on the basis of satisfactory evidence to be the person who executed the within instrument as President of the coJPoration therein named and acknowledged to me that the corporation executed it

HOTARY PUBLIC

bull - middot~ middot~-u ~ middot ~ middot middot~~ middot ff M-~ IM4 C t-lkl JAt

middot -bull - middotmiddot middotmiddotmiddot -- middotmiddotPrinted or i)ped Name

---------~

(Seal) ~middot11 it f bulldegtbull middot - bull ~ y( bull t 5 2 shy ~-----=-=- d-=----------~

1 tit~ i bull bull bull --middot i HYi commission expires_~~~~--

i Jmiddot 5middot~ _ ~ middotmiddot_ I middot~middot ~ )) ) -middot _- ---middot ~middotmiddotmiddot middotmiddotmiddot

) SS

)

State of Washington

County or4uu S bull 1983 before me the llldersigned authority a Notary Public

in and ~~-f-l~c=o-un-ty and State personally appeai-ed LORRAINE MOFFETTbull known to me to be proved to me on the basis of satisfactory eyidence to be the person who executed the withinmiddot instrument as Secretary of the corporation therein named and acknowledged to me that the corporation executed it

Printed or (Sea1) Typed llame~s-c4a kidSpt(11Z

EXHIBIT A

DESCRJPlIOO

All that real prqgterty situate in the Uninoorporated area County of Soncma State of California and is describedmiddot as follQis

Beginning at the Northeast comer of out IJJt 506 as marked and laid dcMrl on OFarrells map of the lltMll of SOnatB and thence running Soltherly along the Eastern boundary line of Out Int 506 a distance of 1974 dlains or 130284 feet to a ironwrent which is a large stone set erect in the ground aoo marked with the letter M thence deflecting tCMard the West 7528 running upgtn a course of Sooth 65-34deg west a distance of 6 chains to a stake marked M thence upln a course of south 63-34deg West until it intersects the center of sonana Creek thence up the center of SOnana Creek to its junction with Agua Caliente Creek thence up said Creek to the point of intersection of a line running at right anJles fran the Northeast comer of lot 506 thence running Easterly along the Northern Boondary of OUt lots 507 aoo 506 to the place of begirminJ also all that piece of lanc1 extending between said lots 506 aoo 507 rreasuri03 in le03th 400 yards by 18-13 yards in width Also that certain strip of land adjoining the TltMrl of El Verano boonded on the westerly by Riverside Avenue arxl Easterly by the land kncMn as the Maxwell Fann and land formerly owned by Mary J Storm and knCMn as the Stoan place and extending fran Maple Avenue on the North to the Northerly boundary line of Iot 3 in Block 110 on the Sooth said boundary line of lot 3 in Block O beginning on Riverside Avenue oppgtsite the Southerly line of sonana Avenue and extendshyiDJ fran Riverside Avenue to the center of Soncma Creek the said described strips of land including and anbracinJ all the land lying between Riverside Avenue (the sare being an Avenue 60 feet in width) on the West arxl the center of Sonana Creek on the East and said Maple Avenue on the North and said Northshyerly line of wt 3 of Block O on the South as laid out shown and designated on the official nap of the Tom of El Verano arxl subdivisions of adjoining prcperty of the sonana Valley ImprOllemmt Ccmpany filed in the office of the County Rerorder of Soncma County California

Tne pranises above described being the sare property conveyed by ATJrI Maxwell to Maxwell Estat~ tyen deed dated Decenber 27 1911 and recorded August 24 1912 in Book 302 of Deeds page 72 Soncml County Reoords and conveyed by Donald Hebard Maxwell to Maxwell Estate datedDecember 28 1911 and recorded August 24 1912 in Book 302 of Deeds page 74 Sonclna County RecordS

Excepti03 fran said property hereinabove described any ixgtrtion of said property which nay be within the public streets roads or highways

Also excepting therefran the conveyance fran Maxwell Estate a corporation to Sonana County dated October 10 1949 aoo recorded October 26 1949 under Recordshyers Serial No C-99940 in Bodt 914 of Official Records page 392 Sonara County Rerords

Also excepting therefran the judgrrent of condamation recorded August 9 1907 in Book 238 of Deeds page 2~0 Sonana County Records

Also excepting therefran that prcperty conveyed to the County of Sonara a political stixiivision by deed reoorded May 11 1981 under Recorders Document No 81-25787 aoo re-recorded Hay 29 1981 under Reoorders DoOJrrent No 81-30000 Sonana County Records

Also excepting therefran Parcel 1 Parcel Map No 7383 ~s per map thereof filed

for rerord -1o -~ in Bodtff7 of Maps at page C-J ScnaTe County

Rerords

(PIN) _A P 127-141-13

EXHIBIT A

DESCRJPlIOO

All that real prqgterty situate in the Uninoorporated area County of Soncma State of California and is describedmiddot as follQis

Beginning at the Northeast comer of out IJJt 506 as marked and laid dcMrl on OFarrells map of the lltMll of SOnatB and thence running Soltherly along the Eastern boundary line of Out Int 506 a distance of 1974 dlains or 130284 feet to a ironwrent which is a large stone set erect in the ground aoo marked with the letter M thence deflecting tCMard the West 7528 running upgtn a course of Sooth 65-34deg west a distance of 6 chains to a stake marked M thence upln a course of south 63-34deg West until it intersects the center of sonana Creek thence up the center of SOnana Creek to its junction with Agua Caliente Creek thence up said Creek to the point of intersection of a line running at right anJles fran the Northeast comer of lot 506 thence running Easterly along the Northern Boondary of OUt lots 507 aoo 506 to the place of begirminJ also all that piece of lanc1 extending between said lots 506 aoo 507 rreasuri03 in le03th 400 yards by 18-13 yards in width Also that certain strip of land adjoining the TltMrl of El Verano boonded on the westerly by Riverside Avenue arxl Easterly by the land kncMn as the Maxwell Fann and land formerly owned by Mary J Storm and knCMn as the Stoan place and extending fran Maple Avenue on the North to the Northerly boundary line of Iot 3 in Block 110 on the Sooth said boundary line of lot 3 in Block O beginning on Riverside Avenue oppgtsite the Southerly line of sonana Avenue and extendshyiDJ fran Riverside Avenue to the center of Soncma Creek the said described strips of land including and anbracinJ all the land lying between Riverside Avenue (the sare being an Avenue 60 feet in width) on the West arxl the center of Sonana Creek on the East and said Maple Avenue on the North and said Northshyerly line of wt 3 of Block O on the South as laid out shown and designated on the official nap of the Tom of El Verano arxl subdivisions of adjoining prcperty of the sonana Valley ImprOllemmt Ccmpany filed in the office of the County Rerorder of Soncma County California

Tne pranises above described being the sare property conveyed by ATJrI Maxwell to Maxwell Estat~ tyen deed dated Decenber 27 1911 and recorded August 24 1912 in Book 302 of Deeds page 72 Soncml County Reoords and conveyed by Donald Hebard Maxwell to Maxwell Estate datedDecember 28 1911 and recorded August 24 1912 in Book 302 of Deeds page 74 Sonclna County RecordS

Excepti03 fran said property hereinabove described any ixgtrtion of said property which nay be within the public streets roads or highways

Also excepting therefran the conveyance fran Maxwell Estate a corporation to Sonana County dated October 10 1949 aoo recorded October 26 1949 under Recordshyers Serial No C-99940 in Bodt 914 of Official Records page 392 Sonara County Rerords

Also excepting therefran the judgrrent of condamation recorded August 9 1907 in Book 238 of Deeds page 2~0 Sonana County Records

Also excepting therefran that prcperty conveyed to the County of Sonara a political stixiivision by deed reoorded May 11 1981 under Recorders Document No 81-25787 aoo re-recorded Hay 29 1981 under Reoorders DoOJrrent No 81-30000 Sonana County Records

Also excepting therefran Parcel 1 Parcel Map No 7383 ~s per map thereof filed

for rerord -1o -~ in Bodtff7 of Maps at page C-J ScnaTe County

Rerords

(PIN) _A P 127-141-13