Montini Preserve Conservation Easement

Why Allowing Dogs Does Not Fit With the Conservation Easement

Below is a verbatim copy of selected items from the Montini Preserve Conservation Easement. The Conservation Easement is the primary document setting forth the basic rules governing the use of the property. Underlined and bold emphasis are for the purpose of noting how the primary Conservation Values are in fundamental conflict with amending the agreement to allow dogs on the trail. It would be a major stretch of interpretation to conclude that allowing dogs on the trail would be consistent with the stated Conservation Values. The environmental review proposed by the city would have to somehow redefine Conservation Values to include the presence of domestic animals, which are plainly antithetical to the Conservation Values in the first place.

Conservation Easement for the Montini Preserve

EASEMENT PART ONE: GRANT OF EASEMENT

1.      Grant and Acceptance of Conservation Easement and Assignment of Development Rights. Pursuant to the common and statutory law of the State of California including the provisions of Civil Code sections 815 to 816, inclusive, GRANTOR hereby grants to DISTRICT and DISTRICT accepts a conservation easement in the Property in perpetuity under the terms and conditions set forth herein (“the Easement”). GRANTOR hereby irrevocably assigns to DISTRICT all development rights associated with the Property, except those rights which are specifically reserved by GRANTOR through this Easement.

2.    Conservation Values. The Property, approximately 98 acres in size, is located in and adjacent to the City of Sonoma. The Property consists of a diversity of vegetation communities including oak woodland, Montane hardwood and grassland. Critical resources on the Property (collectively, “the Conservation Values”), include the following:

2.1    Natural Resources.    The Property provides habitat for important plant and animal species integral to preserving the natural character of Sonoma County. Native plant communities include blue oak foothill pine, blue oak woodland, montane hardwood, and wet meadow. Native plant species on the Property currently include coast live oak, black oak, blue oak, California bay, California buckeye, manzanita, and other woodland and grassland plant species. This Conservation Easement intends to protect special-status species on the Property, and at the time this Easement is executed, three special-status plant species (Franciscan onion, narrow-anthered brodeia, and bristly leptosiphon) are known to exist on the Property. The Property’s plant communities provide largely undisturbed habitat for a number of native birds, reptiles, amphibians, insects and mammal species. In addition, the Property provides notable fawning habitat for deer and provides important nesting habitat for ground-nesting birds. The Property is located within a major groundwater basin area. The subsurface water and its drainage patterns on the land protect the biological integrity of the natural resources and habitats, providing a healthful and attractive outdoor environment. GRANTOR and DISTRICT recognize that the Property is an evolving eco-system and that the specific composition of plant and animal species on the Property may naturally shift over time due to natural forces beyond GRANTOR’s control.

2.2    Scenic Resources.      The Property’s open space character includes one of the distinctive ridgelines that surround the City of Sonoma and that is visible from the Highway 12 Scenic Corridor and other public vantage points. The Property provides a central scenic backdrop to the City of Sonoma and its openness and natural condition contribute to the overall rural character and natural setting of the City of Sonoma. For residents and visitors on the Property, the Property offers unobstructed views of Sonoma Valley and beyond to San Pablo Bay.

2.3    Urban Open Space.    The Property is adjacent to dense urban residential development. Protection of the Property will provide opportunities for residents and visitors of Sonoma County to access and enjoy the natural environment and public open space.

2.4    Recreation. The Property will be established by the City of Sonoma as the “Montini Open Space Preserve (“the Preserve”), providing opportunities for low-intensity public outdoor recreation, such as hiking, picnicking, nature study and bird watching. The trails on the Property will link to the Sonoma Overlook Trail. The Property offers enjoyment of its natural features to residents and visitors of Sonoma County.

3.     Conservation Purpose. It is the purpose of this Easement to preserve and protect forever the Conservation Values of the Property, as described in Section 2. This purpose shall hereinafter be referred to as “the Conservation Purpose of this Easement.” GRANTOR and DISTRICT intend that this Easement will confine the use of the Property to activities that are consistent with the Conservation Purpose of this Easement and will prohibit and prevent any use of the Property that will materially impair or interfere with the Conservation Values of the Property. GRANTOR and DISTRICT intend that all Conservation Values of the Property will be fully preserved and protected in perpetuity. In the event, however, that the preservation and protection of one Conservation Value becomes irreconcilably inconsistent with the preservation and protection of another Conservation Value, the following priorities shall be followed: preservation and protection of natural resources shall be the first priority, preservation and protection of scenic and open space resources shall be the second priority, and preservation and protection of recreational and educational uses shall be the third priority.

5.1    General Requirements for All Uses.

5.1.2 Compliance with Terms, Conditions and Conservation Purpose of this Easement.    All activities and uses on the Property shall be undertaken in a manner consistent with the terms, conditions and Conservation Purpose of this Easement.

5.1.3 Protection of Conservation Values. All activities and uses on the Property shall be undertaken in a manner reasonably designed to protect and preserve the

Conservation Values.

5.2    Land Uses. Use of the Property is restricted solely to natural resource protection, habitat restoration and enhancement, and low-intensity public recreational and educational uses as defined in this Section 5.2. Residential, commercial, or industrial use of or activity on the Property is prohibited except for commercial use as reserved in Section 5.2.4.

5.2.1 Natural Resource Protection. GRANTOR may take all actions necessary or appropriate to preserve and protect the natural resources of the Property in accordance with sound, generally accepted conservation practices. GRANTOR and DISTRICT acknowledge that the Property and its natural features are protected by this Easement and shall not be available to mitigate for the environmental impacts of projects located offsite.

5.2.3 Recreational and Educational Use. GRANTOR shall make the Property available to the public for low-intensity public outdoor recreational and educational purposes except as set forth in Section 5.6. Such uses may include, but are not limited to, hiking, picnicking, nature study, habitat restoration training and workshops, outdoor public education programs, and other such uses similar in nature and intensity, and as allowed in the Management Plan. In consideration of the natural resources on the Property and impacts for trail maintenance, bicycling and horseback riding shall not be allowed on the Property.

5.5       Land and Resource Management. All land and resource management activities shall be designed and implemented in accordance with sound, generally accepted conservation practices.

5.5.8    Native Animal Removal. Killing, hunting, trapping, injuring or removing native animals is prohibited except (i) under imminent threat to human life or safety; and (ii) as reasonably necessary to promote or sustain biodiversity in accordance with restoration and enhancement activities in connection with Section 5.5.5, using selective control techniques consistent with the policies of the Sonoma County Agricultural Commissioner and other governmental entities having jurisdiction.

6.1    Approval of Management Plan. For purposes of this Easement, it is agreed that the Montini Open Space Preserve Management Plan (“Management Plan”) as adopted on October 6, 2009 is deemed to be consistent with the Conservation Purpose of this Easement.

6.1.1 Amendments, Revisions and Updates. The Management Plan may be amended, revised or updated (Revised Plan) from time to time. GRANTOR shall use the following procedure to obtain DISTRICT’s approval of the Revised Plan. GRANTOR may, at its discretion, at any time, submit a Revised Plan to DISTRICT for its review and approval. If the Revised Plan proposes substantial changes to the use, activities and/or management of the Property, then the Revised Plan must identify (a) all major components of the use of the Preserve, including recreational, educational, and resource management; (b) the nature of each proposed use and its intended location; (c) all proposed structures and improvements; and (d) all actions to be taken to protect natural resources. DISTRICT’s approval of the Revised Plan shall be based solely upon the Revised Plan’s consistency with the terms, conditions and Conservation Purpose of this Easement. DISTRICT shall have forty-five (45) days from the receipt of the Revised Plan, plus fourteen (14) days from any subsequent or follow up submittal, to review the Revised Plan, and either approve the Revised Plan or notify GRANTOR of any objection thereto. DISTRICT’s response, whether approval or objection, shall be in writing and delivered to GRANTOR in accordance with Section 19. If DISTRICT has any objections to the Revised Plan, it shall state such objections in sufficient detail to enable GRANTOR to modify the Revised Plan, so as to bring it into compliance with the terms, conditions and Conservation Purpose of this Easement.