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Home My WebLink AboutD-1574B 067-221-034, 035, 036 Recorded 09/10/2002i RECORDATION REQUESTED BY AND WHEN RECORDED MAIL TO: Lee Price, City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 JULIE RQDEW sR San Luis Obispo County— Clerk/Recorder 9/10/2002 Recorded at the request of 8:48 AM Public D 0 C #: 2002074298 Titles: 1 Pages: 5 Fees 0.00 .Taxes 0.00 j Others 0.00 PAID $0.00 l APNs 067 - 221 -034, 035, and 036 For Recorder's Use Only DECLARATION OF RESTRICTIVE COVENANT THIS DEC RATION OF RESTRICTIVE COVENANT (Hereinafter "Restrictive Covenant ") is dated this `( --day of September, 2002, by the City of San Luis Obispo ( "City ") at the request of the County of San Luis Obispo ("County") and is made with reference to the following facts. RECITALS A. The City is the sole owner in fee simple of certain real property in the County of San Luis Obispo, State of California, designated as Assessor's Parcels No. 067 - 221- 034,035,and 036, also shown as Lots 2, 3, and 4 of Tract No. 1626 as shown on a map recorded in Book 15, Page 89 of Maps, and as per Certificate of Correction recorded August 8, 1990 as Document No. 5421.5 of Official Records, in the Office of the County Recorder at said County (Hereinafter the "Real Property "). B. The Real Property, which occupies approximately 154 acres, was purchased in part with $150,000 of grant funds to be paid to City by the County upon placement of a Restrictive Covenant upon the Real Property. C. City and County have entered into an Agreement (Coastal Resource Grant 43 -A -00) dated June 4, 2002 to memorialize said award of grant funds and to facilitate same. D. The Real Property is encumbered by the following documents restricting its use or requiring reimbursement by the City for any change to a non - conservation use: 1. Terms and Conditions contained in an unrecorded agreement as disclosed by a "Memorandum of Unrecorded Grant Agreement" executed by and between the State of California, by and through the Wildlife Conservation Board (WCB) and the City of San Luis Obispo, recorded September 5, 2001 as Instrument No. 2001 - 067202 of Official Records of the County of San Luis Obispo. 2. Terms and Conditions contained in an unrecorded agreement executed by and between the State of California, by and through the Department of Parks and Recreation (DPR) and the City of San Luis Obispo, dated February 8, 2001. 3. Terms and Conditions contained in an unrecorded agreement executed by and between the Nature Conservancy and the City of San Luis Obispo, dated June 7, 2001. 0 0 COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, City hereby records a Restrictive Covenant in perpetuity over the Real Property. This Covenant shall run with the land, to the benefit of the County, and be binding on City and City's heirs, successors in interest, administrators, assigns, lessees, and other occupiers or users of the Property or any portion of it. The terms of this Restrictive Covenant are expressly enforceable by the County. 1. Purpose. The purpose of this Restrictive Covenant is to ensure the Real Property will be retained in perpetuity in a natural condition, defined below, and to prevent any use of the Real Property that will impair or interfere with the conservation values of the Real Property. City intends that this Restrictive Covenant will confine the use of the Real Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat, and recreational use by the public, in a manner consistent with the conservation purposes of this Restrictive Covenant. (a) The term "natural condition" shall mean the condition of the Real Property at. the time of this Covenant. 2. Cam. To accomplish the purposes of this Restrictive Covenant, City hereby covenants as follows: (1) To preserve and protect the conservation values of the Real Property; (2) To prevent any activity on or use of the Mitigation Property that is inconsistent with the purposes of this Restrictive Covenant and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Restrictive Covenant. 3. Prohibited Uses. Any activity that does not presently exist on, or use of, the Real Property that is inconsistent with the purposes of this Restrictive Covenant is prohibited. Without limiting the generality of the foregoing, the following uses are expressly prohibited: 1. Use of off -road vehicles and use of any other motorized vehicles except on designated roadways, if any; 2. Erecting of any building or other improvement, billboard, or sign, except for informational signage to assist users or as necessary for public safety; 3. Depositing of soil, trash, ashes, garbage, waste, bio- solids or other material; 4. Excavating, dredging, drilling or removing of loam, gravel, soil, rock, sand_ or other material; 5. Otherwise altering the general topography of the Property, including but not 2 • • limited to building of roads and flood control work; 6. Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) maintenance of existing trails or roads, (3) prevention or treatment of disease, or (4) required mitigation programs; 7. Surface entry for exploration or extraction of minerals. 4. Reserved Rights. City reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Real Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this Restrictive Covenant. 5. Subsequent Transfers. City agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which City divests itself of any interest in all or any portion of the Real Property, including without limitation, a leasehold interest. The failure of City to perform any act provided in this section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. 6. Amendment. City may amend this Restrictive Covenant only with the prior written approval of the County Board of Supervisors. Any such amendment shall be consistent with the purposes of this Restrictive Covenant and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Luis Obispo County, State of California. 7. General Provisions. (1) Controlling Law. The interpretation and performance of this Restrictive Covenant shall be governed by the laws of the United States and the State of California. (2) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed to effect the purposes of this Restrictive Covenant. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. (3) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (4) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the 3 0 .1 0 parties with respect to the Restrictive Covenant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Restrictive Covenant. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 6. (5) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of City's title in any respect. (6) Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of City and its respective representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Real Property. (7) Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminates upon transfer of the party's interest in the Restrictive Covenant or Real Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (8) Captions. 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 its construction or interpretation. IN WITNESS WHEREOF City has executed this Restrictive Covenant the day and year first above written. CITY: Dated: September 4- , 2002 Mr. Allen Settle, Mayor City of San Luis Obispo 0 • STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. 0 On 6! Q.Z before me, City Clerk Lee Price, personally appeared Mayor Allen Settle w knon to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. C •S. END OF DOCUMENT