RECORDING REQUESTED BY AND RETURN TO: Sonoma County Agricultural Preservation and Open Space District 575 Administration Drive, Room 100 Santa Rosa, CA 95401 SECOND AMENDMENT TO CONSERVATION EASEMENT The SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT, a public agency fmmed pursuant to the provisions of the Public Resources Code sections 5500 et seq. (hereinafter "DISTRICT"), and FLOCCHINI ESTATE, LLC, a California Limited Liability Company (hereinafter "GRANTOR), hereby enter into this SECOND AMENDMENT TO CONSERVATION EASEMENT ("Second Amendment") and agree as follows: RECITALS A. GRANTOR is the owner in fee simple of ce1iain property (hereinafter "the Property") located in Sonoma County and more particularly described in Exhibit A to an instrument entitled "DEED AND AGREEMENT BY AND BETWEEN FLOCCHINI ESTATE AND THE SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT CONVEYING A CONSERVATION EASEMENT" (hereinafter "the Agreement"), which instrument was recorded in the Sonoma County Record on February 26, 2004 as document number 2004026114, Official Records of Sonoma County." The Agreement was first amended by a document entitled "First Amendment to Conservation Easement,'' recorded in the Sonoma County Record on August 26, 2010 as document number 201007160, Official Records of Sonoma County. B. The Agreement allows for certain activities in an area ofthe Prope1iy identified as the "Ag/Residential Area," which was intended to be reflected on the Baseline Site Map, as defined in the Agreement. C. The Baseline Site Map as adopted by the agreement ofthe pmiies per the terms of the Agreement mistakenly failed to include a designation as to which portion ofthe Prope1iy is included in the "Ag/Residential Area." D. GRANTOR and DISTRICT desire to amend the Agreement to refer to an amended baseline site map ("Amended Baseline Site Map") which will include a designated "Ag/Residential Area" and to record the Amended Baseline Site Map as an exhibit to the Agreement.
AGREEMENT To c01tect the aforementioned error, the parties hereby agree to amend the Agreement as follows: 1. Exhibit "E" to this Second Amendment shall be known as the Amended Baseline Site Map, dated October 28, 2014, shall supersede the previously operative Baseline Site Map, and shall be incorporated by this reference into the Agreement and be made part thereof. 2. All references in the Agreement and the exhibits thereto to the "Baseline Site Map" are deemed references to the Amended Baseline Site Map attached hereto as Exhibit "E.". No pmiions ofthe Agreement not expressly modified by this Second Amendment shall be modified hereby. Each and every provision of the Agreement not modified hereby shall remain in full force and effect. IN WITNESS WHEREOF, GRANTOR and DISTRICT have executed this Second Amendment to Conservation Easement Agreement this L day ofj'fl.l'v,~ 'ZOl~ '? 9F GRANTOR: FLOCCHINIESTATE,LLC ff/)~49cdhw1 Its: {2U/'tfl.-/fz R_ ~ ~\\o~\- DISTRICT: SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT By: David Rabbitt, President of the Board of Directors
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~'%%~'%'%'%'%'%'%'%'Q<i.'%'@;.'%'%'%'%~~'@}Q(,'?R>g0~,;g<.;.<Q(..%~~'%'@}@i,"@}Q<.;..'Q<;.~'%'%'%'G STATE OF CALIFORNIA County ot_s_o_n_o_m_a } On January 08, 2015 Date before me, Christopher Laferriere. Notary Public Here Insert Name and Title of the Officer personally appeared :_:Ac...:n-=-d'-'re:...:.w'---"--J.'---F-'1-=-o-=-cc::..:.h=in'""i'-----------~~~~~~------------- Name(s) of Signer(s) 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 foregoin para ph is true and correct. Place Notary Seal Above / Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _A~g~re_e_m_en_t Document Date:~1=01=2=8=/2=0~1~4 Number of Pages:_4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer -Title(s): Signer's Name: D Individual D Corporate Officer-Title(s):~ D Partner - D Limited D General D Partner - D Attorney in Fact RIGHT THUMBPRINT D Attorney in Fact D Trustee OF SIGNER D Trustee D Guardian or Conservator Top of thumb here D Guardian or Conservator D Other: -------- D Other: ------- D Limited D General RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing:
E xh ib it " E " Ol d Lakeville Road No. Old L akeville Road No. 11 8 9 10 1 Flocchini Conservation Easement Amended Baseline Site Map Dustman Road 6 16 15 18 17 14 12 Photo Location & Bearing # Location Number Street Ag/Residential Area 7 Easement Boundary 5 Limited Agricultural Area Lakevi lle Highway 4 0 200 400 800 Feet 2 Map Date: October 28, 2014 Sources: Sonoma County GIS (roads, parcels); SCAPOSD (Ag/Residential Area). This map is for illustrative purposes only and is not intended to be a definitive property description The easement areas shown on this map are generated from digital vector data on file with the District; the digital vector data itself designates the easement areas. 1 H. Spencer S:\GISProjects\Flocchini\PDFs\Flocchini_Amended_Baseline_Site_Map_BW.pdf
O l R dl oa ak d ev N il o. le ATTACHMENT 4 O ld La 11 10 oa d 1 N o. Flocchini Conservation Easement Amended Baseline Site Map 14 15 18 17 16 12 Vineyard Dam ad Ro Open Concrete Culvert # Location Number Wetland Pond 1 La k ev ill e Hi gh wa y 0 200 400 800 Feet Map Date: October 28, 2014 Sources: SCGIS (roads, parcels); SCWA (streams); NASA/UMD/WSI (Oct.201 imagery). This map is for illustrative purposes only and is not intended to be a definitive property description. The easement areas shown on this map are generated from digital vector data on file with the District; the digital vector data itself designates the easement areas. 2 4 Petaluma Marsh Limited Agricultural Area 5 7 Photo Location & Bearing Street Perennial Stream Intermittent Stream Ag/Residential Area Easement Boundary 6 R 8 m st u D lle 9 an vi ke 1 H. Spencer S:\GISProjects\Flocchini\PDFs\Flocchini_Amended_Baseline_Site_Map_Imagery.pdf