R-073-18 Approving an Amended and Restated Conservation Easement for the West Valley Habitat Conservation Plan in Favor of the Rivers and Lands Conservancy

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RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Colton 650 N. La Cadena Drive Colton, CA 92324 Attn: Director of Development Services Exempt from recording fee (California Gov. Code §§ 6102 & 27383) Space Above Line for Recorder's Use Only AMENDED AND RESTATED CONSERVATION EASEMENT (West Valley Habitat Conservation Plan) THIS CONSERVATION EASEMENT is made this 27th day of August, 2015 by the City of Colton, a municipal corporation of the State of California ("City" or "Grantor"), in favor of the Rivers & Lands Conservancy, a California non-profit corporation ("Grantee"), hereinafter referred to individually as "Party" and collectively as "Parties," with reference to the following facts: RECITALS A. Grantor and Grantee executed a similar conservation easement on August 27, 2015, recorded on October 6, 2015 in the official records of the County of San Bernardino (Instrument No. 2015-0436834) ("Original Conservation Easement"). Grantor and Grantee desire to amend and restate the Original Conservation Easement ("Conservation Easement") to include additional property and revisions requested by the United States Fish and Wildlife Service ("USFWS") including adding USFWS as a third -party beneficiary. Therefore, the Original Conservation Easement is hereby deleted and replaced in its entirety by this amended and restated Conservation Easement. This amended and restated Conservation Easement is deemed to relate back and replace the Original Conservation Easement as of the date first recorded. B. Grantor is the sole owner in fee simple of certain real property in the County of San Bernardino, State of California, legally described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated by this reference (the "Property"), which consists of approximately 27.019 acres and is found on aportion of Assessor's Parcel Number 0160-302-03 and Assessor's Parcel Numbers 0254-051-48, 49, 63, 64, 65, 66; 0254-061-02, 36, 37 and 38. C. The Property: (i) provides the necessary habitat for the full life cycle of the Delhi Sands flower -loving fly (Rhaphiomidas terminatus abdominalis) (DSF), a species listed as endangered under the Endangered Species Act, (ii) supports populations of the DSF that are important to the recovery of the species as determined by the USFWS, (iii) provides permanent connectivity of previously conserved areas of Delhi Sands habitat, (iv) provides Conservation Easement 008 R522-050 — 1571042.1 23152.06317\8786963.14 07/17/18 - Council Agenda Packet 213