HomeMy WebLinkAboutD-1725B APN 073-321-003, 073-321-013 - Mount Diablo base & Meridian Recorded 06/28/2007RECORDINNG REQUESAY;
c IR.ST.aMERICA` TITLE COIL PANY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
THE LAND CONSERVANCY OF
SAN LUIS OBISPO COUNTY
743 Pacific Street
San Luis Obispo, CA 93401
JULIE RODEWALds DG
San Luis Obispo County— Clerk/Recorder 6/28/2007
Recorded at the request of 8:00 AM
First American Title Company
D O C #: 2007043656 Titles: 1 Pages: 17
Fees 55:00
Taxes 0.00
Otltets 0.00
PAID $55.00
(Space above line for Recorder's use only)
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSERVATION EASEMENT ( "Conservation Easement ") is made
this 21's" ay of ��. 2007, by The City of San Luis Obispo, a municipal corporation and
political subdivision of the State of California, having and address at 990 Palm Street, San Luis
Obispo, CA 93401 ( "Grantors "), in favor of The Land Conservancy of San Luis Obispo County, a
California non- profit corporation qualified to do business in California, having an address at 743
Pacific Street, San Luis Obispo, CA 93401 ("Grantee").
WITNESSETH:.
WHEREAS, Grantors are the sole owners in fee simple of certain real property located in San
Luis Obispo County, California known as the West Cuesta Grade Railroad properties, and more
particularly described in Exhibit A attached hereto and incorporated by this reference (the
"Property "). Grantors intend to grant to Grantee a Conservation Easement over their Property,
more particularly described in Exhibit B attached hereto and incorporated by this reference (the
"Easement Area"); and
WHEREAS, the Easement Area is comprised of scenic open space totaling approximately 163
acres that is currently in use for scenic open space, wildlife habitat, and recreational purposes,
together with the riparian areas of Stenner and Chorro Creeks, and certain improvements located
within the Easement Area; and
WHEREAS, Grantors are a municipal corporation under the laws of the State of California,
authorized to hold and manage real property, including the right to transfer certain rights and
obligations to such real property, and
WHEREAS, Grantee is a "qualified organization" as defined by Section 170(h)(3) of the Internal
Revenue Code and is eligible to hold this Conservation Easement pursuant to Section 815.3 of
California Civil Code. Grantee is a publicly supported, tax- exempt non -profit organization,
qualified under Section 501(cx3) of the Internal Revenue Code whose primary purpose is the
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preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural,
forested, and/or open space condition; and
WHEREAS, the Property was acquired pursuant to funding provided by the National Guard
Bureau (NGB) under a Cooperative Agreement with the Grantee in order to implement KGB's
Angry Compatible Use Buffer Program (ACUB) for the benefit of Camp San Luis Obispo. The
purpose of the ACUB is to prevent incompatible land uses on the periphery of Camp San Luis
Obispo such as residential development or other uses which could lead to encroachment problems
at Camp San Luis Obispo; and
WHEREAS, Section 720 (b )(2) of the Cooperative Agreement with the National Guard Bureau
requires the Grantee to encumber parcels acquired pursuant to the Cooperative Agreement with a
conservation easement interest upon reconveyance to another party; and
WHEREAS, on JU ne- Z 2007, the Board of Trustees of the Land Conservancy of
San Luis Obispo County, the governing body for the Grantee, passed a resolution authorizing the
conveyance of the parcels which comprise the Easement Area to the Grantors and subsequently
authorize the acceptance of the Conservation Easement, and all the rights and responsibilities
accruing therefrom, including monitoring, enforcernem, stewardship, and the upholding of its
conservation purpose; and
WHEREAS, the Grantors desire to conserve and protect the open space character of the
Easement Area for continued open space uses by donating to the Grantee, exclusively to serve
this conservation purpose, this Conservation Easement which will restrict the future use of the
Easement Area to open space uses in perpetuity, and
WHEREAS, the conservation and protection of the Easement Area for continued open space use
will result in a significant public benefit, namely the dedication to perpetual open space usage of
land that otherwise would be a potential target for residential development or other uses that
could be deleterious to the open space characteristics of the Easement Area; and
WHEREAS, the Easement Area contains two parcels comprising four legally created lots which
will be restricted from their current and future development potential by this Conservation
Easement; and
WHEREAS, in addition to the Easement Area's important scenic open space values, the
Easement Area also contains significant natural resource values that are of great importance for
conservation These include natural resources such as Coast Live Oak woodland (Quercus
agnfoha); natural, artesian springs supporting both Stenner and Chorro Creeks and their
associated riparian and fisheries habitats; rare and sensitive serpentine soils and their associated
botanical resources; and, numerous other rare plants and wildlife identified through the State of
California's Natural Diversity Data Base including Northern Interior Cypress Forest, San Luis
Obispo Sedge (Carex obispoensis), Dwarf Soaproot (Clorogalum pomeridianum var. minus),
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San Benito Fritillary (Fritillaria viridea), Southwestern Pond Turtle (Clemmys marmOrata
pallida), San Luis Mariposa Lily (Calochortus obispoensis), and Brewer's SpineBower
(Chonzanthe brewer). These natural resource values are considered to be of great importance to
the people of the City of San Luis Obispo, the County of San Luis Obispo, the State of California,
and the United States of America; and
WHEREAS, Grantors intend that these scenic, open space, and natural resource values
(collectively the "Conservation Values") of the Easement Area be preserved and maintained by
the continuation of land use patterns, including, without limitation, those relating to passive
recreation uses such as sight seeing, walking, hiking, biking, outdoor education, research, and
similar low intensity activities that do not significantly impair or interfere with those values; and
WHEREAS, Grantors further intend, as owners of the Property, to convey to Grantee the right to
preserve and protect the Conservation Values of the Easement Area in perpetuity; and
WHEREAS, the specific Conservation Values of the Easement Area, together with existing
structures and improvements, are documented in a report dated ;-7/ St 2007,
which inventories relevant features of the Easement Area and is on file with both the Grantors and
the Grantee. The report, incorporated by this reference (the "Baseline Report"), consists of
narrative description, maps, photographs, and other documentation that the parties collectively
agree provides an accurate representation of the Easement Area at the time of this grant and
which is intended to serve as an objective information baseline for monitoring compliance with the
terms of this grant.
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions,
and restrictions contained herein, and pursuant to the laws of California and in particular Sections
8I 5 and 816 of the Civil Code - Conservation Easements, Grantors hereby voluntarily grant and
convey to the Grantee a Conservation Easement in gross in perpetuity over the Easement Area,
which shall be a servitude running with the land. Every provision of this Conservation Easement
that applies to Grantors and Grantee shall also apply to and be binding upon their respective
agents, heirs, beneficiaries, executors, administrators, successors, and assigns.
1. ft=c It is the purpose of this Conservation Easement to assure that the Easement Area,
subject to the existing uses and reserved and conditional rights described herein, will be retained
forever in its open space and natural condition and to prevent any use within the Easement Area
that will significantly impair or interfere with the Conservation Values of the Easement Area.
Grantors intend that this Conservation Easement will confine the use of the Easement Area to
such activities, including, without limitation those relating to passive recreation uses such as sight
seeing, walling, hiking, biking, outdoor education, research, and similar activities that are
consistent with the purpose of this Conservation Easement.
2. Aiigmative Rights of Grantee. To accomplish the purpose of this Conservation Easement,
the following rights are conveyed to Grantee by this Conservation Easement:
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a) To preserve and protect the Conservation Values of the Easement Area.
b) To enter upon the Easement Area at reasonable times in order to monitor Grantors'
compliance with and otherwise enforce the terms of this Conservation Easement and to
study and to make scientific observations; provided that such entry shall be upon prior
reasonable notice to Grantors, and Grantee shall not unreasonably interfere with Grantors'
use and quiet enjoyment of the Easement Area.
c) To prevent any activity on or use of the Easement Area that is inconsistent with the
Purpose of this Conservation Easement and to require the restoration of such areas or
features of the Easement Area that may be damaged by any inconsistent activity or use,
pursuant to paragraph 6.
d) To place signs upon publicly visible locations of the Easement Area which identify the land
as being protected by this Conservation Easement. The number and location of the signs
are subject to Grantors' prior written approval.
3. Probibited Uw&- Any activity on or use of the Easement Area inconsistent with the purpose
of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
a) Division, Subdivision, or partitioning of the Easement Area in any way, whether by
physical, legal or any other process.
b) Residential, Commercial, and Industrial uses of any kind.
c) New buildings, structures, or other improvements, other than those specified herein as
reserved or conditional rights.
d) Waste dumps or dumping of any kind, except for the spreading of mulch, manure, wood
chips, or other organic material for the purposes of soil building or erosion control.
e) Coverage of land by asphalt, concrete, or other material that does not constitute a natural
cover for the land.
f) Alteration of the land surface through grading or soil dumping or trenching, except as may
be necessary for activities related to reserved or conditional rights.
g) Surface mineral development or mining of any kind.
h) Advertising signs or billboards of any kind.
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i) Cutting or removal of native trees, shrubs, or other vegetation within the Easement Area,
except as necessary for fire protection, thinning, elimination of diseased growth, and
similar protective measures.
j) Placement of rip -rap or other fill material within the riparian areas of Stenner and Chorro
Creek; the manipulation of any water course in any way; the diversion, extraction, or
export of any water resources on or beneath the Easement Area, regardless of any legal
water right accrued by virtue of ownership of the Easement Area.
k) Any use that would substantially add to the risk of erosion.
1) Installation of new above -ground utility systems, including, without limitation, water,
sewer, power, fuel, and communication lines and related activities and equipment.
m) Motorized off -road vehicle use, motorized off -road vehicle races, and the construction of
motorized off -road vehicle courses.
4. Reseaed Righ% Grantors reserve to themselves, and to their personal representatives,
heirs, successors, and assigns, all rights accruing from their ownership of the Property, including
the right to engage in or permit or invite others to engage in all uses of the Easement Area that
are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation
Easement. Without limiting the generality of the foregoing, the following rights are expressly
reserved:
a) Recreational activities, including hiking, biking, sight seeing and similar low intensity,
passive uses.
b) Educational activities and tours.
c) The right to restore damage to the Easement Area that may be caused by fire, flood,
storm, earth movements, or acts beyond the Grantors' control.
d) The right to maintain, repair, or replace all existing private roads, fences, bridges, trails,
and structures depicted in the Baseline Report, in substantially the same size and location,
that have been lawfully erected and maintained within the Easement Area, and to continue
any and all legally permitted uses pertaining to these amenities, provided that such repair
or replacement does not substantially interfere or impair the Conservation Values.
e) The right to undertake conservation practices within the Easement Area which promote
soil stabilization and reduce erosion in accordance with sound, generally accepted
practices.
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f) The construction and maintenance of signs as necessary to inform users of the Easement
Area of its identity and regarding rules or activities that are acceptable within the
Easement Area or that provide educational or interpretive information.
4.2. Conditional Rights. The following uses and activities may be undertaken with approval of
the Grantee as provided for in Paragraph 5 and in accordance with local, state, and federal law.
a) Construction and installation of an anticipated water pipeline and associated infiwtructure
to serve the Nacimiento Water Project or other water supply / utilities projects located
within the general vicinity of existing pipelines and other appurtenances, as depicted in the
Baseline Report. All activities associated with this project will be undertaken using best
practices so as to minimize damage or disruption to the Easement Area. Appropriate
mitigation / restoration activities shall be implemented.
b) Construction and installation of beneficial riparian restoration / enhancement projects.
S. Notice of Intention Lo Vndertake Certain Permitted Actions. The purpose of requiring
Grantors to notify Grantee prior to undertaking certain permitted activities, as provided in
paragraph 4.2, is to afford Grantee an opportunity to ensure that the activities in question are
designed and carried out in a manner consistent with the purpose of this Conservation Easement.
Whenever notice is required, Grantors shall notify Grantee in writing not less than thirty (30) days
prior to the date Grantors intend to undertake the activity in question. The notice shall describe
the nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its consistence
with the purpose of this Conservation Easement.
5.1 Grantee's An®roval, Where Grantee's approval is required, as set forth in paragraph 5,
Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of
Grantors' written request. Grantee's approval may be withheld only upon a reasonable
determination by Grantee that the action as proposed would be inconsistent with the purpose of
this Conservation Easement. If Grantee does not respond to Grantors' written request to
undertake certain permitted activities, as provided in paragraph 4.2, then such activity shall be
deemed approved.
6. Grantee's Remedies, If Grantee determines that Grantors are in violation of the terms of this
Conservation Easement or that a violation is threatened, Grantee shall give written notice to
Grantors of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the Easement Area resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Easement Area so injured. If Grantors fail to cure the violation within thirty (30) days after
receipt of notice thereof from Grantee, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) -day period, fail to begin curing such violation within the
thirty (30) -day period, or fail to continue diligently to, cure such violation until finally cued,
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0 0
Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the
terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary
or permanent injunction, to recover any damages to which it may be entitled for violation of the
terms of this Conservation Easement or injury to any Conservation Values protected by this
Conservation Easement, including damages for the loss of any of the Conservation Values, and to
require the restoration of the Easement Area to the condition that existed prior to any such injury.
Without limiting Grantors' liability therefor, Grantee, in its sole discretion, may apply any damages
recovered to the cost of undertaking any corrective action on the Easement Area. If Grantee, in
its sole discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Values of the Easement Area, Grantee may pursue its
remedies under this paragraph without waiting for the period provided for cure to expire.
Grantee's rights under this paragraph apply equally in the event of either actual or threatened
violations of the terms of this Conservation Easement, and Grantors agree that Grantee's remedies
at law for any violation of the terms of this Conservation Easement are inadequate and that
Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and
mandatory, in addition to such other relied to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement, without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
described in this paragraph shall be cumulative and shall be in addition to all remedies now or
hereafter existing at law or in equity.
6.1 EMU of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement against Grantors, including, without limitation, costs of suit, attorneys'
fees, expert witness fees, consultation fees and any costs of restoration necessitated by Grantors'
violation of the terms of this Conservation Easement shall be borne by Grantors. If Grantors
prevail in any action taken by Grantee to enforce the terms of this Conservation Easement,
Grantors' costs of suit, including, without limitation, attorneys' fees, expert witness fees, and
consultation fees, shall be borne by Grantee.
6.2 Grantee's Discretion. Enforcement of the terms of this Conservation Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Conservation Easement in the event of any breach of any term of this Conservation Easement by
Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any of
Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or
be construed as a waiver.
6.3 Waiver of Certain Defenses, Grantors hereby waive any defense of laches or estoppel.
6.4 Acts Beyond Grantors' Control. Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantors for any injury to or change in the
Easement Area resulting from causes beyond Grantors' control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by Grantors under
6/21/2007 Page 7 of 15
emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area
resulting from such causes.
7. AAcs. The general public may access all or a portion. of the Easement Area by this
Conservation Easement, consistent with reasonable regulation concerning said access and
permitted uses.
8. Costs and Liabilities. Grantors retain all responsibility and shall bear all costs and liabilities
of any kind related to the ownership, operation, upkeep, and maintenance of the Easement Area,
including the maintenance of adequate comprehensive general liability insurance coverage.
Grantors shall keep the Easement Area free of any liens arising out of any work performed for,
materials famished to, or obligations incurred by Grantors.
8.1 Taxes. Grantors shall pay all taxes, assessments, fees, and charges of whatever description
levied on or assessed against the Property and Easement Area by competent authority
(collectively "Taxes" ), including any Taxes imposed upon, or insured as a result of� this
Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon
request. Grantee retains the right, but not the obligation, to pay all such Taxes if not paid in a
timely manner by the Grantor, and shall be promptly reimbursed by Grantor upon request.
8.2 Hold Harmless. Grantors shall hold harmless, indemnify, and defend Grantee and its
members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each 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, reasonable attorneys' fees, arising from or in
any way connected with: (l) injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or occurring on or
about the Easement Area, regardless of cause, unless due solely to the negligence of any of the
Indemnified Parties; (2) hazardous substances or waste, and the liabilities and obligations of an
"owner" or "operator" as defined and used in environmental law, including without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended;
and (3) the obligations specified in paragraphs 8 and 8.1.
Grantee shall hold harmless, indemnify, and defend Grantors and their members, directors,
officers, employees, agents, and contractors and the heirs, personal representatives, successors,
and assigns of each of than (collectively "Indemnified Parties ") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments,
including, without limitation, reasonable attorneys' fees, arising from or in any way connected
with the existence or administration of this Conservation Easement, including the injury to or the
death of any person, or physical damage to any property, resulting from any act, omission,
condition, or other matter related to or occurring on or about the Easement Area, regardless of
cause, unless due solely to the negligence of any of the Indemnified Parties.
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9. ]Eatinauishment. If circumstances arise in the future that render the purpose of this
Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction. The amount of the proceeds to which Grantee shall be entitled to from
.any sale, exchange, or involuntary conversion (after the satisfaction of prior claims) of all or any
portion of the. Easement Area subsequent to such termination or extinguishment, shall be
determined in accordance with paragraph 9.1 (unless California law at the time provides that
Grantors shall be entitled to the full proceeds of the sale, exchange, or involuntary conversion of
the Easement Area without regard to the perpetual nature of this Conservation Easement).
Grantee shall use all such proceeds in a manner consistent with the conservation purposes of this
grant.
9.1 Pnnceeds, This Conservation Easement constitutes a real property interest immediately
vested in Grantee, which, for the purposes of paragraph 9, the parties stipulate to have a fair
market value determined by multiplying the fair market value of the Easement Area
unencumbered by the Conservation Easement (minus any increase in value after the date of this
grant attributable to improvements) by the ratio of the value of the Conservation Easement at the
time of this grant to the full market value of the Easement Area at the time of this grant. The
values at the time of this grant shall be those values used to calculate the deduction for federal
income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Internal
Revenue Code of 1954, as amended. For the purposes of this paragraph, the ratio of the value of
the Conservation Easement to the value of the Easement Area unencumbered by the Conservation
Easement shall remain constant.
9.2 Condemnation. If the Conservation Easement is taken, in whole or in part, by exercise of
the power of eminent domain, Grantors and Grantee shall be entitled to compensation in
accordance with applicable law.
10. Assinameat. This Conservation Easement is transferable, but Grantee may assign its rights
and obligations under this Conservation Easement only to an organization that is deemed mutually
acceptable by both parties and that is a qualified organization at the time of transfer under Section
170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and
hold conservation easements under state statute (or any successor provision then applicable). As
a condition of such transfer, Grantee shall require that the conservation purposes of this grant
continue to be carried out.
11. Subseaaent Transfers. Grantors may transfer all or a portion of the Easement Area only
with written authorization from the Grantee. If such authorization is granted, Grantors further
agree to incorporate the terms of this Easement in any deed or other legal instrument by which
they divest themselves of any interest in all or a portion of the Easement Area, including, without
limitation, a leasehold interest or licensed use, and subject to the provisions contained in
paragraphs 3 through 5.1. Grantors further agree to give written notice to Grantee of the transfer
6/21/2007 Page 9 of 15
of any interest at least twenty (20) days prior to the date of such transfer. Any proceeds from an
authorized transfer, lease, or licensed use by Grantor shall be immediately forwarded to Grantee.
The failure of Grantors to perform any act required by this paragraph shall not impair the validity
of this Easement or limit its enforceability in any way.
12. Lstopuel Certificates. Upon request by Grantors, Grantee shall within thirty (30) days
execute and deliver to Grantors any document, including an estoppel certificate, which certifies
Grantors' compliance with any obligation of Grantors contained in this Conservation Easement
and otherwise evidences the status of this Conservation Easement. as may be requested by
Grantors.
13. Notices. Any notice, demand, request, consent, approval, or communication that either party
desires or is required to give to the other shall be in writing and either served personally or sent by
first class mail, postage prepaid, addressed as follows:
To Grantors: Ken Hampian, Chief Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Grantee: Robert A. Hill, Conservation Director
Land Conservancy of San Luis Obispo County
743 Pacific Street
San Luis Obispo, CA 93401
or to such other address as either party from time to time shall designate by written notice to the
other.
14. Recordation. Grantee shall record this instrument in timely fashion in 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 this Conservation Easement.
15. mineral Provisions.
a) Controllinsz Law. The interpretation and performance of this Conservation Easement
shall be governed by the laws of the State of California.
b) Liberal Co coon Any general rule of construction to the contrary notwithstanding,
this Conservation Easement shall be liberally construed in favor of the grant to effect
the purpose of this Easement and the policy and purpose of the Conservation Act of
1979. if any provision in this instrument is found to be ambiguous, an interpretation
6 /21/2007 Page 10 of is
consistent with the purpose of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
c) Severab_ili y. If any provision of this Conservation Easement, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of the
provisions of this Conservation Easement, or the application of such provision to
persons or circumstances other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
d) Entire Agnment, This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement and supercedes all prior discussions,
negotiations, understandings, or agreements relating to the Conservation Easement, all
of which are merged herein.
e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantors' title in any respect..
f) Joint Obligation. The obligations imposed by this Conservation Easement upon
Grantors shall be joint and several.
g) Successors. The covenants, terms, conditions, and restrictions of this Conservation
Easement shall be binding upon, and inure to the benefit of the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as
a servitude running in perpetuity.
h) Termination of Rights and Obligations. A party's rights and obligations under this
Conservation Easement terminate upon transfer of the party's interest in the Easement
Area or Property, except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
i) Cations. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
j) Counterparts. The parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
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6/21/2007 Page I 1 of 15
i
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantors and Grantee have set their, hands on the day and year
first written above.
CITY OF SAN LUIS OBISPO:
By:
DA F. ROMERO, MAYOR
ATTEST:
r . i
de rey :.
DATE: —Ave
APPROVED AS TO FORM:
Lowell
City Attorney
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY:
By: rj_,_Vo� �,L
GAR SMAN, PRESIDENT
BOARD OF TRUSTEES
[Acknowledgments)
SCHEDULE OF EXH MM:
Exhibit A — Legal Description of Property
Exhibit B — Legal Description of Easement Area
Exhibit C — Baseline report
DATE:
6/21/2007 Page 12 of 15
• •
EXHIBIT A
LMW RUcriotion of Property
Real property in the unincorporated area, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
THE SOUTH '/2 OF THE SOUTHWEST '/4 OF SECTION 35, TOWNSHIP 29 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
APN 070 -061 -018
Parcel 2:
LOTS 1, 8, AND 9 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
APN 073- 321-003
Parcel 3:
LOT 5 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT
DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
LOTS 6, 7, 8, 10, 11, 12, AND 13 OF FRACTIONAL SECTION 3, TOWNSHIP 30 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL. PLAT
THEREOF.
EXCEPTING THEREFROM AN UNDIVIDED '/2 INTEREST IN AND TO ALL MINERAL
SUBSTANCES, EXCEPTING THEREFROM OIL AND GAS, WITH THE RIGHT OF
INGRESS AND EGRESS THERETO AND THEREFROM, RESERVED BY P.A.H. ARATA
AND GRACE R. ARATA IN DEED RECORDED JANUARY 13, 1930 IN BOOL 81 PAGE
291 OF OFFICIAL RECORDS.
APN 073 - 321 -013
6/21/2007 Page 13 of 15
I
i
EXHIBIT B
Lgal RWrintion of ggement Area
Real property in the unincorporated area, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
THE SOUTH '/2 OF THE SOUTHWEST '/s OF SECTION 35, TOWNSHIP 29 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA,. ACCORDING TO THE OFFICIAL PLAT
THEREOF.
APN 070-061 -018
Parcel 2:
LOTS 1, 8, AND 9 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
APN 073- 321 -003
6/21/2007 Page 14 of 15
EXHIBIT C
Baseline Reuort
Signed original copies of the Baseline Report are on file with both the Grantor and the Gzantee.
6/21/2007 Page 15 of 15
END OF DOCUMENT
•
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On June 25, 2007, before me Audrey Hooper, City Clerk, personally appeared David F. Romer_ o,
Mayor, CITY OF SAN LUIS OBISPO, personally known to m f
- eatis€aetery - evideaee) to be the personffwhose name(o) is/me subscribed to the within
instrument and acknowledged to me that he"eAhey executed the same in his+efAheir
authorized capacity(*4, and that by hiv%erMr,+ signature on the instrument the person(, or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
ity Cferk
�
(Seal) . a
t lr
AM E R j
}
STATE OF CALIFOR IA I }ss.
COUNTY OF 711 lj OIo O }
On �� utPi , before me, e11 (f - (4bMfi eW�
personally appeared
.4or proved to me on the basis of satisfactory evidencgto be the person($5 whose named is /are
subscribed to the within instrument and acknowledged to me thathe /shay executed the same
in his /hefAheir authorized capacity(ies), and that by his /herleir sign aturesQ on the instrument the
person'-) or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
`
9 -
Title of Document
Date of Document
Other signatures not acknowledged
- CATHERINE C. OIiT11AAN
_ Commhslon # 1646029 t:
Notary hki - CaMornl0
Starwlow County
My Comm, E1t:Irea Feb 18, 2010
(this area for official notarial seal)
No. of Pages
3008 (1/94) (General)
First American Title Insurance. Company
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