HomeMy WebLinkAbout12-13-2011, C2- CONSERVATION EASEMENT ON A 38 ACRE PROPERTYcounci l
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Meeting Dateml/3/ 11
Item Numb e &.
C I T Y O F S A N L U I S O B I S P O
FROM :
Michael Codron, Assistant City Manage r
Prepared By : Neil Havlik, Natural Resources Manage r
SUBJECT : AUTHORIZATION OF ACCEPTANCE OF A CONSERVATIO N
EASEMENT ON A 38 ACRE PROPERTY AT 2877 SOUTH HIGUER A
STREET FROM KATHERINE FOSTER AND MICHAEL SPANGLE R
RECOMMENDATIO N
Approve a resolution authorizing the Mayor to accept an offer to donate a conservation easemen t
covering approximately 38 .3 acres at 2877 South Higuera Street, offered by Katherine Foster an d
Michael Spangler, subject to a finding by the Planning Commission that acceptance of th e
conservation easement is consistent with the City of San Luis Obispo General Plan .
DISCUSSIO N
Backgroun d
This donation, offered by long-time local residents Michael Spangler and Katherine Foster ,
covers a 38 .3 acre property at the western end of the South Hills . Of the total acreage, 37 .2 acres
is designed as open space and includes a significant communication site (which is a permitte d
use in the C/OS zone), and 1 .1 acres along South Higuera Street designated for commercia l
development which is steep and quite difficult to develop . Continued use and reasonabl e
expansion of the communication site would be permitted under the easement ; however ,
development of the commercially zoned area would be prohibited . This is the intent of the donor s
and will be discussed further below .
Natural Resource Value of the Propert y
The property is comprised of a portion of the South Hills, a ridge of serpentine rocks that extends
from South Higuera Street on the west to Broad Street on the east . Approximately 131 acres o f
this ridge is currently owned or controlled by the City of San Luis Obispo, which is referred to a s
the South Hills Natural Reserve (SHNR). This donation will increase the size of the Reserve b y
about 30%, to 168 acres .
SHNR contains a number of sensitive or otherwise important natural features, and one notabl e
cultural feature, including :
a.Several wetland seeps or springs at scattered locations within the Reserve ;
b.Several plant species of concern, including San Luis Obispo mariposa lily, Sa n
Luis Obispo dudleya, purple spineflower, and adobe sanicle ; an d
c.A restored rock cistern which once provided water to the agricultura l
properties nearby (now developed).
Council Agenda Report — Donation of Conservation Easemen t
Page 2
Additionally, a large spring which contains a population of the (Federally-listed) endangere d
Chorro Creek bog thistle is located on the subject property .
In 2006 City staff prepared a Conservation Plan for SHNR, which, although it did not include th e
subject property, contained policies and programs that guided management of the City owne d
and controlled properties, and would apply to the subject property, including :
a.Completion of an improvement program for the access road to th e
communication sites located on private property to the west of the Reserv e
(i .e ., the subject property), using Natural Resources Conservation Servic e
(NRCS) standards commonly applied to farm and ranch roads ;
b.Development of a formally identified trail system for pedestrians an d
bicyclists, including certain routes restricted to pedestrians only ;
c.Placement of protective fencing at identified locations within the Reserve ,
especially on the southwest, to protect sensitive resources in those locations ;
d.Development of interpretive and informational signage to assist visitors ;
e.Ultimate removal of livestock grazing on the property ; and
f.A wildfire preparedness plan, involving management of fuel loading at th e
urban/wildland interface .
The Conservation Plan was adopted by the City Council in December 2006 . Acceptance of thi s
easement donation would serve as an important component of implementation of th e
Conservation Plan, especially in the matter of protection and enhancement of the bog thistl e
stand, which suffers from heavy grazing pressure by livestock, and in legitimizing public use o f
the site which now occurs on a daily basi s
Reasons for Acquiring the Easement
The site is within City limits and therefore technically not part of the greenbelt . However, it is a n
important part of the City's natural landscape and as such is identified as an important ope n
space resource, for which fee or easement interest is warranted . The easement grants to the Cit y
the right of public access and would permit City staff to undertake reasonable management an d
enhancement efforts thereon . This is supported by Open Space Goal 8 .22 and the related Polic y
8 .22 .1, which call for the City to secure and maintain a diverse network of open lan d
encompassing particularly valuable natural and agricultural resources . The Planning Commissio n
will again be asked to evaluate these issues and, if it determines there is a General Pla n
inconsistency, the Mayor will not be authorized to complete the transaction and the matter wil l
return to the Council for further consideration .
Permanent protection of the 37 .2 acre open space designated portion of the property is full y
consistent with the City's General Plan . Staff also feels that the donation of a conservatio n
restriction on the 1 .1 acre commercially zoned portion of the property is consistent because in th e
past site-specific evaluation of similar situations has found that such zoning conflicts with othe r
protective policies of the General Plan which apply regardless of zoning . The best examples o f
this are the two donations of land along San Luis Obispo Creek near Higuera Street and Prad o
Road, where commercial zoning was in conflict with the Creek Setback ordinance, and th e
Planning Commission therefore found that the offers of donation of these lands (one from John
Council Agenda Report — Donation of Conservation Easement
Page 3
Kuden and the other from Rob Olson) was consistent with the General Plan based upon site -
specific evaluation of each of those properties .
The subject property falls within a portion of the San Luis Obispo Airport Safety Zone, and a s
such is within the jurisdiction of the San Luis Obispo County Airport Land Use Commission .
The 1 .1 acre commercially-designated portion of the property is relatively steep and the provisio n
of reasonable vehicular access is difficult . Although possibly more suited to residential use ,
changing the land use designation to residential would be counter to Airport zone rules an d
therefore unlikely . Also, any development would require extensive grading and this seem s
undesirable for such a highly visible site . The owners have considered these possibilities and
determined that, in their view, the highest and best use of the commercially zoned portion of th e
property is in fact as open space . This donation essentially asks the City to confirm its agreemen t
with that view .
The Planning Commission was originally scheduled to discuss the proposed donation at it s
regular meeting of November 16, 2011, but because of delays in negotiations this consideratio n
was postponed . In order to remain on a schedule that would permit Mr . Spangler and Ms . Foster
to claim tax credit for the transaction this year, staff has condensed the two actions such that th e
Council action, if favorable, would be conditioned upon a favorable finding by the Plannin g
Commission at its meeting of December 14, 2011 . Staff has prepared the necessary resolution s
to reflect this special scheduling .
FISCAL IMPAC T
This transaction will not have a significant fiscal impact . This is because the major cos t
associated with conservation easements is monitoring . Monitoring only involves minor amount s
of staff time, often in conjunction with activities staff is undertaking nearby such as checking sit e
conditions on adjacent or nearby City-owned properties . In this instance, City Natural Resource s
and Ranger staff regularly patrol the adjacent South Hills Natural Reserve and can easily includ e
brief site visits or even routine surveillance from the City property . This is typical of the City's
3,000+ acre easement holdings . No significant City-instigated improvements such as new trail s
are planned . Finally, as a donation there is little cost to the City from the legal transaction ;
closing costs and recording fees are expected to total only a few hundred dollars at most, an d
there is adequate funding in the Natural Resource Program operating budget to handle thi s
amount .
ATTACHMENT S
1.Location Map
2.Letter Offer from Michael Spangler and Katherine Foster
3.Deed of Conservation Easement
4.Resolution
G:IStafflHAVLIKICouncilagenda\Spangler Foster donation acceptance .doc
ATTACHMENT 1
City of San Luis Obisp oGreenbelt Protection Progra m
Foster/Spangler Propert y
38.3 Acre s
1" = 600' approx .
ATTACHMENT 2
October 25, 201 1
Hon . Jan Howell Marx, Mayo r
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA . 9340 1
Re : South Hills Natural Reserve Easement Donation Offe r
Dear Mayor Marx :
We the undersigned are owners of record of certain real property lying within the cit y
limits of the City of San Luis Obispo, California . The property's address is 2877 South Higuera
Street (San Luis Obispo County APN 053-021-031). The property consists of approximatel y
38 .3 acres of hillside land at the western end of the ridge commonly known as the South Hills .
Of this acreage, 37 .2 acres is zoned as Conservation/Open Space and 1 .1 acre along Sout h
Higuera Street is zoned Commercial .
It is our desire that the property remain in its current largely natural condition . We wis h
to do this through the donation of a conservation easement covering the property . The severa l
communication facilities along the ridge on the property would remain and possibly eve n
increase in the future with City approval ; however, the steeply sloping commercial site would b e
permanently retained in its natural condition by this donation . In addition, authority would b e
granted to the City of San Luis Obispo to manage the property for its natural resource an d
passive recreational values . This includes a large spring on the property which supports a
population of a Federally listed endange'red species, the Chorro Creek bog thistle .
We are pleased to be able to make this offer and look forward to the City's acceptance thereof .
Sincerely ,
Katherine Foste r
Michael Spangle r
0/4-A sto rim.at i
ATTACHMENT 3
DEED OF CONSERVATION EASEMEN T
THIS DEED OF CONSERVATION EASEMENT dated December 13, 2011 b y
Katherine Foster and Michael Spangler, 644 Marsh Street, San Luis Obispo, CA . 9340 1
("Grantor"), in favor of the City of San Luis Obispo, a chartered municipal corporation o f
the State of California, having an address at 990 Palm Street, San Luis Obispo, CA
93401 ("Grantee"), is made with respect to the following :
RECITAL S
WHEREAS, Grantor is the owner in fee simple of certain real property consistin g
of one Assessor's parcel in San Luis Obispo County, California, identified as APN 053 -
021-031, commonly referred to as 2877 South Higuera Street, and shown in Ma p
Attachment A attached hereto and incorporated by this reference (the "Property"); an d
WHEREAS, the Property possesses natural resource values including wildlif e
and plant resources, and scenic open space values (collectively, the conservatio n
values) of great importance to Grantor, the people of the City of San Luis Obispo, an d
the people of the State of California ; an d
WHEREAS, the Property, by virtue of its position, is valuable as a location for a
variety of communication functions, including emergency communications, o f
importance to the City of San Luis Obispo and to its citizens, an d
WHEREAS, certain other portions of the Property, although indicated for urba n
development in the General Plan of the City of San Luis Obispo, would be difficult an d
environmentally damaging to develop, an d
WHEREAS, in light of the above facts, Grantor desires that the conservatio n
values of the property be preserved by the continuation of currently existing land us epatterns; an d
WHEREAS, Grantee is a chartered municipal corporation of the State o f
California that is authorized to accept Conservation Easements ; an d
WHEREAS, Grantee agrees by accepting this grant to honor the intentions o f
Grantor stated herein and to preserve and protect in perpetuity the conservation value s
of the Property for the benefit of this generation and the generations to come ;
NOW, THEREFORE, in consideration of the above and the mutual covenants ,
terms, conditions, and restrictions contained herein, and pursuant to the laws o f
California and in particular Sections 815 and 816 of the Civil Code - Conservatio n
Easements, Grantor hereby voluntarily grants and conveys to the Grantee a
Conservation Easement in gross in perpetuity over the Property, in order to preserv e
the values described above .
ATTACHMENT 3
1 .Purpose .It is the purpose of this Easement to assure that the property ,
subject to the existing uses described herein, will be retained forever in it s
predominantly natural, scenic, and open space condition and to preven t
any use of the Property that will significantly impair or interfere with th e
conservation values of the Property . The conservation values of
particular importance include the grassland communities existing on th e
site and their importance to wildlife, Habitat for a population of th e
endangered Chorro Creek bog thistle, the scenic quality of th e
undeveloped land that is visible from the surrounding community, and th e
value of the land as a watershed providing protection from erosion an dprotection of water quality .
2 .Rights of Grantee .To accomplish the purpose of this Easement, th e
following rights are conveyed to Grantee by this Easement :
(a)To manage for the public benefit all activities incidental t o
management of the Property involving public access, safety, an dconservation of natural resources . Specifically, Grantor allows non -
motorized public access to the Property consistent with reasonable rule sand regulations established by Grantee . Grantor also allows Grantee t o
undertake minor improvements for the purpose of protection of natura l
resources or for public safety .
(b)To enter upon the Easement Area at reasonable times in order t o
monitor Grantor's compliance with and otherwise enforce the terms of thi sEasement; provided that such entry shall be upon prior reasonable notic e
to Grantor, and Grantee shall not unreasonably interfere with Grantor'suse and quiet enjoyment of the property ; an d
(c)To prevent any activity on or use of the property that is inconsisten t
with the purpose of this Easement and to require the restoration of suc h
areas or features of the property that may be damaged by an yinconsistent activity or use .
3 .Prohibited Activities .Any activity on or use of the Easement Are a
inconsistent with the purpose of this Easement is prohibited . Withou t
limiting the generality of the foregoing, the following activities and uses ar e
prohibited from being established :
(a)Subdivision of the land pursuant to the California Subdivision Ma pAct.
(b)Building or erection of structures, except as permitted by the City o f
San Luis Obispo for furtherance of the existing communication sites an duses.
ATTACHMENT 3
(c)Cutting or removal of trees, except as may be necessary for health o f
the remaining trees or for public safety .
(d)Mining or other mineral exploration or exploitation of the property .
(e)The exploration, collection of and delivery of water to any othe r
property, except as may be permitted by City regulations .
(f)Grading, other than for purposes of providing hiking or riding trails o n
the site consistent with generally accepted standards, or for th e
reasonable maintenance or improvement of communication site whic h
currently exists on the Property .
4.Access Road to Communication Site .Grantee and Grantor agree t o
jointly enforce standards upon the condition of, and use of, the roa d
currently used for access to the several communication sites on th e
Property . Such standards may include, but are not limited to : installin g
proper grading, surfacing, drainage facilities and undercrossing for natura l
waterway flows, and protection of sensitive resources and natural habita t
that exists alongside said access road . Grantee and Grantor further agre e
to require users of said road to provide funding for the improvement s
necessary to bring the road to acceptable standards and for ongoin g
maintenance . The standards to be applied shall be no less than th e
design and construction standards utilized by the Natural Resource s
Conservation Service, U . S . Department of Agriculture (NRCS-USDA), i n
that agency's private landowner assistance programs .
5.Reserved Rights .Grantor reserves to himself, and to his persona l
representatives, heirs, successors, and assigns, all rights accruing fro m
ownership of the Property, including the right to engage in or permit o r
invite others to engage in all uses of the property that are not expressl y
prohibited herein or are inconsistent with the purpose of this Easement .
6.Baseline Documentation .The parties agree that the specifi c
conservation values of the property shall be documented in a report ("th e
Baseline Report") that shall be completed within thirty days of the transfe r
of this Deed of Conservation Easement, and that both Grantee an d
Grantor shall receive true copies of this report. The Report shall consist o f
maps, photographs, and other documentation that, the parties must agre e
in writing, provide an accurate representation of the Property at the time of
this grant and which is intended to serve as an objective informatio n
baseline for monitoring compliance with the terms of this gran t
7.Arbitration .Any controversy arising from this Easement or its breach
shall be determined by three arbitrators appointed as set out below :
ATTACHMENT 3
(a)Within thirty (30) days after a notice by either party to the othe r
requesting arbitration and stating the basis of the party's claim, on e
arbitrator shall be appointed by each party . Notice of the appointment
shall be given to each party and to the other party when made .
(b)The two arbitrators shall immediately choose a third arbitrator to act
with them . If a party fails to select an arbitrator within the time allowed o r
if the two arbitrators fail to select a third arbitrator within 14 days after thei r
appointment, on application by either party the third arbitrator shall b e
promptly appointed by the then presiding judge of the Superior Court o f
the State of California in and for the County of San Luis Obispo acting a s
an individual within 14 days . The party making the application shall giv e
the other party 14 days' notice of the application .
The arbitration shall be conducted under the Code of Civil Procedure s
(Section 1280-1294 .2). Hearings shall be held in San Luis Obisp o
County, California .
Both parties agree by signing this Easement that they are agreeing t o
have any dispute arising from the matters included in the Arbitratio n
provisions of this Easement decided by neutral arbitration as provided b y
California law and that each party is giving up any rights to have th e
dispute litigated in a court or by a jury trial . By signing this Easement ,
each party is giving up their judicial rights to discovery and appeal unles s
such rights are specially requested in the notice requesting Arbitration o r
as permitted by CCP 1280 et .seq . If either party refuses to submit t o
arbitration, they may be compelled to arbitrate under the authority of th e
California Code of Civil Procedure .
8 .Grantee's Remedies .If Grantee determines that Grantor is in violation o f
the terms of this Easement or that a violation is threatened, Grantee shal l
give written notice to Grantor of such violation and demand correctiv e
action sufficient to cure the violation and, where the violation involve s
injury to the property resulting from any use or activity inconsistent wit h
the purpose of this Easement, to restore the portion of the property s o
injured . If Grantor fails to cure the violation within a thirty (30) days afte r
receipt of notice thereof from Grantee, or under circumstances where th e
violation cannot reasonably be cured within a thirty (30)-day period, fails t o
begin curing such violation within the thirty (30)-day period, or fails t o
continue diligently to cure such violation until finally cured, Grantee ma y
bring an action at law or in equity in a court of competent jurisdiction t o
enforce the terms of the Easement, to enjoin the violation, ex parte a s
necessary, by temporary or permanent injunction, to recover any damage s
to which it may be entitled for violation of the terms of this Easement o r
injury to any conservation values protected by this Easement, includin g
damages for the loss of scenic, aesthetic, or environmental values, and to
ATTACHMENT 3
require the restoration of the Property to the condition that existed prior to
any such injury . Without limiting Grantor's liability therefore, Grantee, i n
its sole discretion, may apply any damages recovered to the cost of
undertaking any correction action on the Property . If Grantee, in its sol e
discretion, determines that circumstances require immediate action t o
prevent or mitigate significant damage to the conservation values of th e
Property, Grantee may pursue its remedies under this Paragraph withou t
prior notice to Grantor or without waiting for the period provided for cure toexpire. Grantee's rights under this Paragraph apply equally in the event o f
either actual or threatened violation of the terms of this Easement, an d
Grantor agrees that Grantee's remedies at law for any violation of th e
terms of this Easement are inadequate and that Grantee shall be entitle d
to the injunctive relief described in this Paragraph, both prohibitive an d
mandatory, in addition to such other relief to which Grantee may b e
entitled, including specific performance of the terms of this Easement ,
without the necessary of proving either actual damages or the inadequac y
of otherwise available legal remedies . Grantee's remedies described i n
this Paragraph shall be cumulative and shall be in addition to all remedie snow or hereafter existing at law or in equity .
9.Costs of Enforcement .Any costs incurred by Grantee in enforcing th e
terms of this Easement against Grantor, including, without limitation, cost s
of suit and attorneys' fees, and any costs of restoration necessitated b y
Grantor's violation of the terms of this Easement shall be borne b yGrantor. If Grantor prevails in any action to enforce the terms of thi s
Easement, Grantor's costs of suit, including, without limitation, attorneys '
fee, shall be borne by Grantee . If Grantee prevails in any action t o
enforce the terms of this Easement, Grantee's costs of suit, includin g
without limitation, attorneys' fees, shall be borne by Grantor .
10.Grantee's Discretion .Enforcement of the terms of this Easement shall b e
at the discretion of Grantee, and any forbearance by Grantee to exercis e
its rights under this Easement in the event of any breach of any term o f
this Easement by Grantor shall not be deemed or construed to be a waive r
by Grantee of such term or of any of Grantee's rights under thi sEasement. No delay or omission by Grantee in the exercise of any righ t
or remedy upon any beach by Grantor shall impair such right or remedy o rbe construed as a waiver .
11.Waiver of Certain Defenses .Grantor and Grantee hereby mutually waiv eany defense of !aches, estoppel, or prescription .
12.Acts Beyond Grantor's Control .Nothing contained in this Easement shal l
be construed to entitle Grantee to bring any action against Grantor for an y
injury to or change in the Property resulting from causes beyond Grantor's
control, including, without limitation, fire, flood, storm, and earth
C2-10
ATTACHMENT 3
movement, or from any prudent action taken by Grantor under emergenc y
conditions to prevent, abate, or mitigate significant injury to the Propert y
resulting from such causes .
13.No Undue Expense to Grantor .Under the express terms of this Deed o f
Conservation Easement, Grantor shall not incur any expense wit h
maintaining the property as open space, except for costs of necessar y
annual fire hazard abatement in accordance with City fire regulations an d
costs of maintenance of fencing currently used to contain livestock on th e
Property . All other expenses associated with specific conservation efforts
Grantee determines to be necessary to preserve the open spac e
easement shall be borne by Grantee, unless and to the extent Grantor i s
in violation of this Deed of Conservation Easement, in which cas e
provisions herein shall control .
14.Taxes .Grantor shall pay all taxes, assessments, fees, and charges o f
whatever description levied on or assessed against the property b y
competent authority (collectively "taxes"), including any taxes impose d
upon, or incurred as a result of, this Easement, and shall furnish Grante e
with satisfactory evidence of payment upon request subject to the right t o
contest any such taxes .
15.Hold Harmless .Grantor shall hold harmless, indemnify, and defen d
Grantee and its directors, officers, employees, agents, and contractor s
and their heirs, personal representatives, successors and assigns of eac h
of them (collectively "Indemnified Parties") from and against all liabilities ,
penalties, costs, losses, damages, expenses, causes of action, claims ,
demands, or judgments, including, without limitation, reasonabl e
attorney's fees, arising from or in any way connected with : (1) injury to o r
death of any person ; (2) physical damage to any property, resulting fro m
any act, omission, condition, or other matter related to or occurring on o r
about the Property, regardless of cause, unless due to the sole negligenc e
of any of the Indemnified parties ; (3) the obligations specified in paragrap h
12 ; or (4) the existence of this Easement .
Grantee shall hold harmless, indemnify, and defend Grantor and it s
directors, officers, employees, agents, and contractors and their heirs ,
personal representatives, successors and assigns of each of the m
(collectively "Indemnified Parties") from and against all liabilities, penalties ,
costs, losses, damages, expenses, causes of action, claims, demands, o r
judgments, including, without limitation, reasonable attorney's fees, arisin g
from or in any way connected with : (1) injury to or death of any person ;
(2) physical damage to any property, resulting from any act, omission ,
condition, or other matter related to or occurring on or about the Property ,
regardless of cause, unless due to the sole negligence of any of the
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ATTACHMENT 3
Indemnified parties ; (3) the obligations specified in paragraph 12 ; or (4 )
the existence of this Easemen t
16.Extinguishment .If circumstances arise in the future such as render th e
purpose of this Easement impossible to accomplish, this Easement ca n
only be terminated or extinguished, whether in whole or in part, by judicia l
proceedings in a court of competent jurisdiction, and the amount of th e
proceeds (if any) to which Grantee shall be entitled, after the satisfactio n
or prior claims, from any sale, exchange, or involuntary conversion of all o r
any portion of the Property subsequent to such termination o r
extinguishment, shall be determined as provided by California law .
17.Condemnation .If the Easement is taken, in whole or in part, by exercis e
of the power of eminent domain, Grantee shall be entitled t o
compensation in accordance with applicable law .
18.Assignment .This Easement is transferable, but Grantee may assign it s
rights and obligations under this Easement only to an organization that i s
a qualified organization at the time of transfer under Section 170(h) of th e
Internal Revenue Code of 1954, as amended (or any successor provisio n
then applicable), and the applicable regulations promulgated thereunder ,
and authorized to acquire and hold conservation easements under stat e
statue (or any successor provision then applicable).
19.Subsequent Transfers .Grantor agrees to incorporate the terms of thi s
Easement in any deed or other legal instrument by which they dives t
themselves of any interest in all or a portion of the Property, including ,
without limitation, a leasehold interest . Grantor further agrees to giv e
written notice to Grantee of the transfer of any interest at least twenty (20 )
days prior to the date of such transfer . The failure of Grantor to perfor m
any act required by this paragraph shall not impair the validity of thi s
Easement or limit its enforceability in any way .
20.Certificates .Upon request by Grantor, Grantee shall within twenty (20 )
days execute and deliver to Grantor any document, including an estoppe l
certificate, which certifies Grantor's compliance with any obligation o f
Grantor contained in this Easement and otherwise evidences the status o f
this Easement as may be requested by Grantor .
21.Notices .Any notice, demand, request, consent, approval, o r
communication that either party desires or is required to give to the othe r
shall be in writing and either served personally or sent by first class mail ,
postage prepaid, addressed as follows :
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ATTACHMENT 3
To Grantor :
Michael Spangler and Katherine Foste r
644 Marsh Stree t
San Luis Obispo, CA . 9340 1
To Grantee :
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
or to such other address as either party from time to time shall designat e
by written notice to the other .
21.Recordation .Grantee shall record this instrument in a timely fashion i n
the official records of San Luis Obispo County, California, and may re -
record it at any time as may be required to preserve its rights in thi s
Easement .
22.Monitorinq .The Grantee or its designee shall conduct annual monitorin g
of the conservation values within the Property . Such monitoring shall b e
done in accordance with a systematic and routine checklist designed t o
facilitate the identification of trends and changes of the conservatio n
values over time . A copy of each monitoring report shall be given to th e
Grantor .
23.General Provisions .
(a)Controllinq Law.The interpretation and performance of thi s
Easement shall be government by the laws of the State of California .
(b)Liberal Construction .Any general rule of construction to th e
contrary notwithstanding, this Easement shall be liberally construed i n
favor of the grant to effect the purpose of this Easement and the polic y
and purpose of the Conservation Act of 1979 as described in Sections 81 5
through 816 of the California Civil Code . If any provision in this instrumen t
is found to be ambiguous, an interpretation consistent with the purpose o f
this Easement that would render the provision valid shall be favored ove r
any interpretation that would render it invalid .
(c)Severability .If any provision of this Easement, or the applicatio n
thereof to any person or circumstance, is found to be invalid, th e
remainder of the provisions of this Easement, or the application of suc h
provision to persons or circumstances other than those as to which it i s
found to be invalid, as the case may be, shall not be affected thereby .
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(d)Entire Agreement .This instrument sets forth the entire agreemen t
of the parties with respect to the Easement and superseded all prio r
discussions, negotiations, understandings, or agreements relating to th e
Easement, all of-which are merged herein .
(e)Successors .The covenants, terms, conditions, and restrictions o f
this Easement shall be binding upon, and inure to the benefit of, th e
parties hereto and their respective personal representatives, heirs ,
successors, and assigns and shall continue as a servitude runnin g
perpetually with the Property .
(f)Captions .The captions in this instrument have been inserte d
solely for convenience of reference and are not a part of this instrumen t
and shall have no effect upon construction or interpretation .
(g)Counterparts .The parties may execute this instrument in two o r
more counterparts, which shall, in the aggregate, be signed by both
parties ; each counterpart shall be deemed an original instrument a s
against any party who has signed it . In the event of any disparity betwee n
the counterparts produced, the recorded counterpart shall be controlling .
TO HAVE AND TO HOLD unto Grantee ; its successors, and assigns forever .
IN WITNESS WHEREOF Grantor has set their hand On the day and year firs t
written above .
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REVISIONS l
I.S.1 DATE f
11-066 09-28-10 .
0. C.1 053- 02 1
200 '
13
CITY OF SAN LUIS OBISPf 7
ASSESSORS MAP COUNTY OF ZSAN LUIS OBISPC, CA .BOOK 053 PAGE 02 1
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HARFORDS ADDITION, R.M. BK. A, PG. 123.
T. 31 S.; R. 12E.; SECTION 3 . M.D.B.&M.
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ATTACHMENT 3
CERTIFICATE OF ACCEPTANC E
************
THIS IS TO CERTIFY that the interest in real property conveyed by DEED O F
CONSERVATION dated December 13, 2011, by and between Katherine Foster an d
Michael Spangler , ("Grantor"), and the CITY OF SAN LUIS OBISPO, a municipal corporatio n
("Grantee"), is hereby accepted by the undersigned officer on behalf of the City Counci l
pursuant to authority conferred by Resolution No . 5370 (1984 Series) recorded June 15 ,
1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, an d
Grantor hereby consents to recordation thereof by its duly authorized officer or his agent .
Date :
CITY OF SAN LUIS OBISP O
by :
Jan Howell Marx, Mayo r
ATTEST :
Elaina Cano, City Clerk
ATTACHMENT 4
RESOLUTION NO . (2011 SERIES )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISP O
AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMEN T
AFFECTING REAL PROPERTY AT 2877SOUTH HIGUERA STREE T
WHEREAS, Katherine Foster and Michael Spangler ("Grantors") are the join t
owners of certain real property in San Luis Obispo County, California, within the City o f
San Luis Obispo, at 2877 South Higuera Street and described as Assessor's Parce l
Number 053-021-031 (the "Property"); an d
WHEREAS, portions of said Property possess significant natural resource value s
including wildlife and plant resources, scenic open space values, and passiv e
recreational uses (the "Conservation Values") of great importance to Grantors, th e
people of the City of San Luis Obispo, and the people of the State of California ; an d
WHEREAS, Grantors desire, as owners of the Property, to convey to the City o f
San Luis Obispo the right to preserve and protect the conservation values of th e
Property in perpetuity ; and have so proposed in a letter offer dated October 25, 2011 ;
and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation o f
the State of California that is authorized by law to accept Conservation Easements ; an d
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to hono r
the intentions of Grantors stated herein and to preserve and protect in perpetuity th e
conservation values of the Property for the benefit of this generation and th e
generations to come .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sa n
Luis Obispo hereby :
1 . Authorizes acceptance of the offer of donation of a Conservatio n
Easement for Assessor's Parcel Number 053-021-031 as outlined i n
the letter offer of January 19, 2006, subject to a finding by th e
Planning Commission of the City of San Luis Obispo that th e
acquisition of a conservation easement covering the property i s
consistent with the City's General Plan ; an d
Authorizes and directs the Mayor to accept said Conservatio n
Easement on behalf of the City of San Luis Obispo upon the findin g
described above .
C2-17
ATTACHMENT 4
Approved and adopted this 13 th day of December, 2011 .
On motion of , seconded by an d
on the following roll call vote :
AYES :
NOES :
ABSENT :
Jan Howell Marx, Mayo r
ATTEST :
Elaina Cano, City Cler k
APPROVED AS TO FORM :
ristine Dietrick, City Attorney