HomeMy WebLinkAboutD-1687 Lot 13 and portions of Lots 16 & 17 subdivision Ranchos San Miguelito Recorded 11/07/1996I
/ On I rcw Y-d eid
on � l /1 /qto
DEED OF CONSERVATION EASEMENT l f)
John Guidetti and the City of San Luis Obispo
THIS GRANT DEED OF CONSERVATION EASEMENT is made this day of October,
1996, by John Guidetti, having an address at P.O. Box 185, San Luis Obispo, CA 93406
( "Grantor "), in favor of the City of San Luis Obispo, a chartered municipal corporation of the
State of California, having an address at 990 Palm Street, San Luis Obispo, CA 93401
( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting of five
separate parcels in San Luis Obispo County, California, more particularly described in
Attachment A attached hereto and incorporated by this reference (the "Property "); and
WHEREAS, the Property possesses agricultural, natural resource values including wildlife and
plant resources; and scenic open space values (collectively, conservation values) of great
importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of
California; and
WHEREAS, both Grantor and Grantee desire to preserve and conserve these conservation values
for the public benefit; and
WHEREAS, the specific conservation values of the Property are documented in a report called
the Baseline Report that is on file at the offices of Grantee and incorporated by this reference,
and this Report consists of maps, photographs, and other documentation that the parties agree
provide, collectively, an accurate representation of the Property 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; and
WHEREAS, Grantor and Grantee intend that the conservation values of the Property be
preserved and maintained by the continuation of currently existing land use patterns, including,
without limitation, those relating to farming and ranching; and
,-,D I &M
•
Conservation Easement between John Guidetti and the City of San Luis Obispo
WHEREAS, Grantor and Grantee recognize the Property is classified as Agriculture in the
General Plan for the County of San Luis Obispo and this carries with it permitted activities that
are acknowledged by the Grantee that include the construction of single family residential
homes; and
WHEREAS, Grantor and Grantee agree to work cooperatively as a joint effort to plan for and
locate those permitted activities specifically related to single family residential homes in such a
way that will protect, the conservation values of the Property; and
WHEREAS, Grantor reserves all oil, mineral, gas and other hydrocarbon resources below the
surface of the Property subject, however, to the reserved rights of Grantee to reasonably review
and approve all aspects of development related to the exploration or extraction of these
resources; and
WHEREAS, Grantor and Grantee agree to work cooperatively as a joint effort to plan for and
locate all support facilities that may be necessary to develop these oil, mineral, gas and other
hydrocarbon resources in a way that protects the conservation values of the Property; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to Grantee the
right to preserve and protect the conservation values of the Property in perpetuity; and
WHEREAS, Grantee is a chartered municipal corporation of the State of California that is
authorized to accept Conservation Easements; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated
herein and to preserve and protect in perpetuity the conservation values 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 of California and in particular sections
815 and 816 of the Civil Code - Conservation Easements, Grantor hereby voluntarily grants and
conveys to the Grantee a Conservation Easement in gross in perpetuity over the Property
described in Attachment A and referred to hereinafter as the Property.
L 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 its predominantly natural, scenic, and
open space condition and to prevent any use of the Property that will significantly impair or
interfere with the conservation values of the Property. The conservation values of particular
importance include the oak woodland plant community, the understory of shrubbery the oak
Page 2 of 13
• •
Conservation Easement between John Guidetti and the City of San Luis Obispo
woodlands contain and its importance to wildlife. The values also include the scenic quality of
the undeveloped land that is visible from the surrounding community, the values the land
supports in its native plant communities, the value of the land in the existing and potential
production of agricultural crops that includes cattle grazing, vineyard development, the value of
the land as a watershed and the benefits provided with the prevention to erosion, and protection
of water quality, the values of the land as it supports riparian vegetation along its drainage ways
and creeks. Grantee recognizes that farming and ranching consistent with the Grantor's current
practices is consistent with the protection of these values and the construction of single family
homes on the existing parcels as authorized by existing County plans and ordinances can be
accommodated with proper planning in such a way that these values among others can be
protected. Grantor and Grantee also recognize that it is the purpose of this Easement to establish
a cooperative working relationship that would extend through all stages of project planning, as
described in Paragraph 7, with regard to the adjustment of property lines between existing legal
parcels, the construction of single family residential structures and support facilities as well as
with regard to all aspects of oil or mineral development, to protect the conservation values of the
Property and ensure the design of such projects includes reasonable measures to minimize the
environmental impact of these projects to the maximum extent reasonably feasible.
2. Rights of Grantee. To accomplish the purpose of this Easement, the following rights are
conveyed to Grantee by this Easement:
(a) To enter upon the Property at reasonable times in order to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement; provided that
such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property;
and
(b) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
3. Prohibited Activities. Any activity on or use of the Property inconsistent with the
purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are prohibited from being established:
(a) Subdivision of the land pursuant to the California Subdivision Map Act.
(b) Amending the General Plan to a land use category that would allow a higher density
of development than that which is currently allowed based on the General Plan of
Page 3 of 13
Conservation Easement between John Guidetti and the City of San Luis Obispo
San Luis Obispo County in effect as of the date of this Easement. A certified copy
of this General Plan will be maintained in the offices of the Grantee..
(c) Advertising signs or billboards unless related to an on -site activity related to a
Reserved Right.
(d) Cutting or removal of trees or clearing of shrub land for the commercial sale of
firewood.
(e) All activities (also called "uses " by the General Plan of the County of San Luis
Obispo) that are not permitted under the General Plan of the County of San Luis
Obispo, in the Framework for Planning Table `O' and including its Land Use
Ordinances related to property classified as Agriculture as of the date this
Conservation Easement is executed are prohibited. A certified copy of the
Framework for Planning Table "O" and the Land Use Ordinance related to property;
classified as Agriculture as of the date of the Conservation Easement, shall be kept
on file with the Clerk of the City of San Luis Obispo for reference.
In addition, the following activities that are defined and authorized in land classified
as Agriculture by the County General Plan are prohibited.
(1) Airfields and Landing Strips except as may be necessary in support of
agricultural activities
(2) Bed and Breakfast Facilities.
(3) Caretaker Residence except as may be necessary in support of agricultural
activities.
(4) Churches.
(5) Concrete, Gypsum, and Plaster Products.
(6) Electric Generating engaged in the generation and distribution of electrical
energy for sale (power plants) from oil, gas, coal or nuclear fuels.
(7) Food and Kindred Products (food processing and manufacturing
establishments).
(8) Indoor Amusement and recreation facilities.
(9) Libraries and museums.
(10) Membership organization facilities.
(11) Mining, surface
(12) Mobile homes unless necessary as a caretaker's residence for agricultural
purposes.
(13) Paving materials
Page 4 of 13
0 •
Conservation Easement between John Guidetti and the City of San Luis Obispo
(14) Public safety facilities such as prisons.
(15) Recycling collection stations.
(16) Recycling and scrap
(17) Residential care facilities
(18) Schools
(19) Small scale manufacturing
(20) Warehousing.
(21) Waste Disposal Sites such as public sanitary land fills.
(22) Wholesaling and Distribution.
4. Reserved Rights. Grantor reserves to himself, and to his 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 Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this Easement. These
Reserved Rights may be exercised without permission or review by the Grantee and include such
activities as the harvesting or cutting of trees for personal use, fencing and other improvements
or maintenance necessary for ongoing agricultural activities such as fences, roads, water troughs
and agricultural water development, and reconstruction of existing structures, or the sale or
leasing of underground mineral rights.
5. Notice of Intention to Undertake Certain Reserved Rights. Grantor shall notify Grantee
prior to undertaking any of the following activities. Whenever notice is required, Grantor shall
notify Grantee in writing not less than 60 days prior to the date Grantor intends 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 consistency with the purpose of this Easement. This excludes any
activities that are necessary due to an emergency that requires immediate repair or construction
of facilities. An emergency would be limited to any event that could threaten injury to a person
or could result in immediate threat to real property or the potential for impacts on. the
conservation values of the Property.
(a) The intensification of agricultural practices for grazing purposes or the
introduction of new crops such as installation of vineyards, that could require
removal of substantial amounts of shrubbery in the understory of the existing oak
woodlands.
(b) The construction of new agricultural structures such as barns including access and
other improvements necessary to support such structures.
Page 5 of 13
0
I
Conservation Easement between John Guidetti and the City of San Luis Obispo
6. Grantee's Objection to Construction. For a period of 15 days after Grantee receives the
notice provided in Paragraph 5 above, Grantee may, in a notice in writing (the "Objection
Notice "), set forth its reasonable objections to Grantor's proposed construction, such objections
to state the reasons why the construction would be inconsistent with the purpose of or violate the
provisions of this Easement. Within ten days after Grantor receives the Grantee's objections, if
any, Grantor and Grantee shall meet to resolve these objections. In the event that the parties
cannot resolve the objections to their mutual satisfaction within such ten day period, either of the
parties may refer the dispute to arbitration under Paragraph 9 of this Agreement. In the event
Grantee does not give to Grantor the Objection Notice within the above described 15 day period,
Grantee shall be deemed to have waived any right to object to such activities.
7. Requirement for Undertake Cooperative Planning for Certain Reserved Rights Grantor
shall notify Grantee prior to undertaking any of the following activities. Whenever notice is
required, Grantor shall notify Grantee in writing that he intends to undertake one or more of the
following activities and request that a cooperative planning process be initiated. This planning
and process is to include cooperation on the location of activities, the intensity of such activities,
and the physical nature of improvements into or on the land necessary to support these activities.
The Grantor will work with the Grantee to establish a mutually agreed time table for completion
of this planning process. If the Grantor and Grantee can not reach an agreed upon time table
within a reasonable period of time within 30 days, a time period of 180 days will be set as the
maximum amount of time allocated for the completion of this process. The rights of the Grantee
shall include reasonable review, modifications to (including, but not limited to redesign) and
approval of activities proposed by the Grantor. Such review and approval shall not be considered
an official action by the Grantee under the California Environmental Quality Act and such
review and approval shall not unreasonably restrict the rights of the Grantor reserved by this
Easement. No formal submittal of an application to the County of San Luis Obispo, however, for
any such activities shall be submitted by the Grantor without formal notice in writing from the
Grantee that the rights conveyed by this Paragraph to the Grantee, including the rights of
arbitration, have been completed.
The activities subject to this requirement for cooperative planning include:
(a) The construction of single family homes including mobile homes and any access
or other facilities and structures necessary to support the construction or
installation of such homes except as follows: where the location of such
construction is within the area marked as "Potential Development Area" on
.Attachment B to this Easement, the Grantor is only obligated to provide notice as
required under Paragraph 5.
Page 6 of 13
(0
Conservation Easement between John Guidetti and the City of San Luis Obispo
(b) The adjustment or modification of lot lines between existing legal lots.
(c) The exploration or extraction of subsurface minerals except as provided for in
Paragraph 8.
8. Approval of areas Proposed for Exploration or Extraction of Subsurface Mineral Rights
Ridgetop Exclusion from Such Activities. If Grantor proposes exploration or extraction of
mineral rights on the Property conducted (1) from sites off the Property, or (2) from the area
marked as "Potential Subsurface Mineral Exploration and Extraction Areas" on Attachment C to
this Easement, the Grantor is only obligated to provide notice as required under Paragraph 5. If
such exploration or extraction is proposed elsewhere on the Property, the Grantor shall notify the
Grantee as provided under Paragraph 7. The cooperative planning process defined under
Paragraph 7, in the case of mineral exploration and extraction, shall include a preliminary
environmental analysis which will address issues of concern to Grantee, including but not limited
to impacts on natural vegetation and the scenic character of the area that may be caused by road
access and other infrastructure needs, and closure or abandonment requirements. In no case,
however, shall Grantor propose to conduct such activities from the ridgetop areas of Indian
Knob, said areas being identified as those lands on the Property above 600 feet above sea level
and shown on Attachment C to this easement.
9. Arbitration. Any controversy arising from this Easement or its breach related to the
definition of activites defined as Rights of Grantee, Prohibited Activities, Reserved Rights,
activities subject to Notice of Intention to Undertake Certain Reserved Rights, or activities
subject to Requirements for Undertaking Cooperative Planning for Certain Reserved Rights shall
be determined by three arbitrators appointed as set out below:
(a) Within thirty (30) days after a notice by either party to the other requesting
arbitration and stating the basis of the party's claim, one arbitrator shall be
appointed by each party. Notice of the appointment shall be given be each party
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 or if the two arbitrators
fail to select a third arbitrator within 14 days after their appointment, on
application by either party the third arbitrator shall be promptly appointed by the
then presiding judge of the Superior Court of the State of California in and for the
County of San Luis Obispo acting as an individual within 14 days. The party
Page 7 of 13
0
0
Conservation Easement between John Guidetti and the City of San Luis Obispo
making the application shall give the other party 14 day's notice of the
application.
The arbitration shall be conducted under the Code of Civil Procedures (Section
1280 - 1294.2). Hearings shall be held in San Luis Obispo County California
Both parties agree by signing this Easement that they are agreeing to have any
dispute arising from the matters included in the Arbitration provisions of this
Easement decided by neutral arbitration as provided by California law and that
each party is giving up any rights to have the 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 unless such rights are specially requested in the notice ,
requesting Arbitration or as permitted by CCP 1280 et.seq. If either party refuses
to submit to arbitration, they may be compelled to arbitrate under the authority of
the California Code of Civil Procedure.
10. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Easement or that a violation is threatened, Grantee shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Property resulting from any use or activity inconsistent with
the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to
cure the violation within a 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,
fails to begin curing such violation within the thirty (30) -day period, or fails to continue
diligently to cure such violation until finally cured, Grantee -may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this 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 Easement or injury to any
conservation values protected by this Easement, including damages for the loss of scenic,
aesthetic, or environmental values, and to require the restoration of the Property to the condition
that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its
sole discretion, may apply any damages recovered to the cost of undertaking any corrective
action on the Property. If Grantee, in its sole discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the conservation values of the
Property, Grantee may pursue its remedies under this Paragraph without prior notice to Grantor
or 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
Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this
Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in
Page 8 of 13
Conservation Easement between John Guidetti and the City of San Luis Obispo
this Paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee
may be entitled, including specific performance of the terms of this Easement, without the
necessary 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.
11. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Easement against Grantor, including, without limitation, costs of suit and attorneys'
fees, and any costs of restoration necessitated by Grantor's violation of the terms of this
Easement shall be borne by Grantor. If Grantor prevails in any action to enforce the
terms of this Easement, Grantor's costs of suit, including, without limitation, attorneys'
fees, shall be borne by Grantee. If Grantee prevails in any action to enforce the
terms of this Easement, Grantee's costs of suit, including, without limitation, attorneys'
fees, shall be borne by Grantor.
12. Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantor shall not be
deemed or construed to be a waiver by Grantee of such term or of any of Grantee's rights
under this Easement. No delay or omission by Grantee in the exercise of any right or
remedy upon any breach by Grantor shall impair such right or remedy or be construed as
a waiver.
13. Waiver of Certain Defenses. Grantor hereby waives any defense of laches,
estoppel, or prescription.
14. Acts Beyond Grantor's Control Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes.
15. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement without specific written authority from Grantor describing places,
trails, and other conditions.
16. Taxes. Grantor shall pay all taxes, assessments., fees, and charges of whatever description
levied on or assessed against the Property by competent authority (collectively "taxes "),
Page 9 of 13
r
Conservation Easement between John Guidetti and the City of San Luis Obispo
including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish
Grantee with satisfactory evidence of payment upon request subject to the right to contest any
such taxes.
17. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its
members, directors, officers, employees, agents, and contractors and their 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 attorney's fees, arising 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
Indemnified Parties; (3) the obligations specified in Paragraph 16; or (4) the existence of this
Easement.
18. Extinguishment. If circumstances arise in the future such as render the purpose of this
Easement impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the
amount of the proceeds to which Grantee shall be entitled, after the satisfaction or prior claims,
from any sale, exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined, unless otherwise
provided by California law at the time, in accordance with Paragraph 19. Grantee shall use all
such proceeds in a manner consistent with the conservation purposes of this grant.
19. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which, for the purposes of Paragraph 18, the parties stipulate to have a fair market value
of four hundred thousand dollars ($400,000).
20. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of
eminent domain, Grantee shall be entitled to compensation in accordance with applicable law.
21. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization 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 is intended to advance continue to be carried out.
Page 10 of 13
0 o
Conservation Easement between John Guidetti and the City of San Luis Obispo
22. Subsequent Transfers. Grantor agrees 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 Property, including, without limitation, a leasehold interest. Grantor further agrees to give
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 perform any act required by this Paragraph shall not
impair the validity of this Easement or limit its enforceability in any way.
23. Certificates. Upon request by Grantor, Grantee shall within twenty (20)days execute and
deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's
compliance with any obligation of Grantor contained in this Easement and otherwise evidences
the status of this Easement as may be requested by Grantor.
24. 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 Grantor: John Guidetti
P.O. Box 185
San Luis Obispo, CA 93406
To Grantee: Mr. John Dunn
City of San Luis Obispo
990 Palm 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.
25. 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 Easement.
26. Monitoring, The Grantee or its designee shall conduct annual monitoring of the
conservation values within the Property. Such monitoring shall be done in accordance with a
systematic and routine checklist designed to facilitate the identification of trends and changes of
Page 11 of 13
-h
Conservation Easement between John Guidetti and the City of San Luis Obispo
the conservation values over time. A copy of each monitoring report. shall be given to the
Grantor.
27. Subordination. At the time of the conveyance of this Easement, the Property is subject to
mortgage. The holder of this mortgage agrees by execution of this Easement to subordinate its
rights in the Property to this Easement to the extent necessary to permit the Grantee to enforce
the purpose of this Easement in perpetuity and to prevent any modification or extinguishment of
this Easement by the exercise of any rights of the mortgage holder. The priority of the existing
mortgage with respect to any valid claim on the part of the existing mortgage holder to the
proceeds of any sale, condemnation proceedings, or insurance or to the leases, rents, and profits
of the Property shall not be affected thereby, and any lien that may be created by Grantee's
exercise of any of its rights under this Easement shall be junior to the existing mortgage. Upon
request, Grantee agrees to subordinate his rights under this Easement to the rights of any future
mortgage holders or beneficiaries of deeds of trust to the proceeds, leases, rents, and profits
described above and likewise to subordinate its rights under any such lien and to execute any
document required with respect to such subordination provided any such subordination by the
Grantee shall not result in the extinguishment of this Easement.
28. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this 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 as described in sections 815 through 816 of the
California Civil Code. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this Easement that
would render the provision valid shall be favored over any interpretation that
would render it invalid.
(c) Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of
this 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.
Page 12 of 13
i
Conservation Easement between John Guidetti and the City of San Luis Obispo
(d) Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and superseded all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged
herein.
(e) Successors. The covenants, terms, conditions, and restrictions of this 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 perpetually with the Property.
(f) 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 construction or interpretation.
(g) 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.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year
first written above.
For the Grantor:
For the Grantee:
Alien �iettte, Mayor
For Deed of Trust Holder
Central Coast.Fed'eral sand Bank Association, FLCA
John . Boyes, Senior, ice President
Central, ast Produ.ctioxi._,Credit Association
(Acknowledgments) By `
John . Boyes, for V' e President
Page 13 of 13
CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT
Y:- c�'- cY' �'- c�'• cr�,< ��rc,- r, �, �. �- r�, �'�Y'•c�'- c�'�c,�r�c- c- cryt•c�. car ',�'.c;rrrF�c;��,�, ^,�,�.��.� :,,f,;: �� �.�
State of ti -�t --
r.:
County of
On -7co before me, jl-�i /:_ i-�- f-� -•-y R .�
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared a—1 ,
Name(s) of Signer(s)
C?Sersonally known to me - OR - C proved to me on the basis of satisfactory evidence to be the persortA
whose name(gM/cot subscribed to the within instrument
and acknowledged to me that(!!g7sl * /tIj* executed the
same irt:g h* /th)tir authorized capacity(kt), and that by
CINDY PILG Q`h * /*ir signature(g) on the instrument the persona,
CorTvnW n # 1091390 or the entity upon behalf of which the person) acted,
Notary Public — Catlfomlo executed the instrument.
San Luis Obispo County
My Comm. Expires Mar 17, 2000
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
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:
C- rl�;..r— ��.�J-- •ice. —� �.�_:r_..�rr- . --�'�"
Document Date: �-71 e-,7 _, Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: lam'-
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
E3-Other:
Signer Is Representing
C /✓
RIGHT THUMBPRINT
OF SIGNER
is Name:
.�
Indi - ual
Corpor Officer
Title(s):
❑
Partner — ❑ In
❑
Attorney -in -Fact
❑
Trustee
❑
Guardian or Con;
❑
Other:
Signer Is Representing:
❑ General
Top of thumb here
0 1995 National Notary Association - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -71 Ba Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
0 � 4)
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN LUIS OBISPO )
On October 29, 1996, before me, Tracey. L. Romero. the undersigned Notary Public in and for said County
and State, personally appeared John C. Boyes, personally known 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.
WITNESS my hand and official seal.
TRACEY L ROMERO
Commisslon 91091395
_e Notary Public — C0111=10
San Luis Ob�po County
My Comm. Exphes May 132000
Attached to Deed of Conservation Easement
Notary Public,,State of California
I!
STATE OF CALIFORNIA,
COUNTY OF San Luis Obispo } S.S.
On _October 29. 1996 before me, Rosanna M. Medeiros
/ / / / / / / / / / / / / / / / / / / / / / / / / /// , a Notary Public in and for said County and State, personally
appeared John Guidetti
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 �.,w Rosanna M, 102554/ Med t ros
ti Comm. 4
signature(s) on the instrument the person(s), or E_ _! Notary Public
the entity upon behalf of which the person(s) 's California
acted, executed the instrument. `� SAR LUIS 06iSYo C0
t W trs�m- Expires *y 5 uM49n
WITNESS my hand and official seal.
Signature
TE 160 Legal (2 -94)
This form is furnished by Chicago Title Company
Attachment A.
•
Legal Description of Property Subject to Easement
0
E
DESCRIPTION
Page 1 Order No. 235615 NH
PARCEL 1:
Lot 13 and.those portions of Lots 16 and 17 of the subdivision of the Ranchos
San Miguelito, in the County of San Luis Obispo, State of California, according
to the map made by R.R. Harris in 1875, and recorded August 20, 1875 in Book A,
Page 39 of Maps, in the Office of the County Recorder of said County, included
within the land described as follows:
Beginning at the most Westerly corner of said Lot 17; thence North 190 15' East
along the Northwesterly line of said Lot 17, a distance of 28.7 chains to the
most Northerly corner of said Lot; thence North 160 30' West along the Westerly
line of Lot 13, a distance of. 86.25 chains to the Northeast corner of Lot 10, as
shown on the map above referred to; thence South 690 46' 28" East, 9460.26 feet
to a point on the East line of Lot 15 which bears South 00 30' East along said
East line, 1250 feet from stake SM -4; thence South 00 30' East along the East
line of Lots 15 and 16, a distance of 23.46 chains to stake SM -14; thence South
130 15' West along the Easterly line of said Lot 16, a distance of 19.27 chains
to a stake J.S.9; thence North 840 West, 1.41 chains to stake J.S.8; thence South
6° 45' West, 4.53 chains to stake J.S.7; thence South 20 45' West, 7 chains to
stake J.S.6; thence South 4.89 chains to stake J.S.5; thence South 80 45' West, 2
chains to stake J.S.4; thence South 90 East, 3.33 chians to stake J.S.3; thence
South 190 15' East, 4 chains to stake J.S..2; thence South 30 05' East, 3.52 chains
to stake J.S.1; thence South 60 05' West, 8 chains to stake S.M.11 at the most
Southerly corner of said Lot 16; thence South 300 45' West along the Easterly
line of Lot 17, a distance of 8.11 chains to stake S.M.10; thence continuing
along said Easterly line, South 120 West, 8.27 chains to the Northeast corner of
Lot 1 of the subdivisions of the Ranchos E1 Pismo and San Miguelito according to
map recorded April 30, 1886 in Book A, Page 157 of Maps; thence North 660 West
along the Northerly line of said Lot 1, a distance of 35.5 chains to an angle
point therein; thence continuing along said Northerly line North 290 West, 33.8
chains to a coast survey station at the most Northerly corner of said Lot 1,
said point also being the Northeast corner of Lot 2, as shown on map last above
referred to; thence North 710 15' West along the Northerly line of said Lot 2, a
distance of 18.75 chains to an angle point therein; thence continuing along
said Northerly line, South 790 West, 24.5 chains to an angle point therein;
thence South 290 30' West along the Westerly line of said Lot 2, a distance of
1094.41 feet, more or less, to the Southwesterly line of. Lot 17 as shown On the
map recorded in Book A, Page 3.9 of Maps above referred to; thence North 720 30'
West along said Southwesterly line, 8.9 chains, more or less, to the Point of
Beginning.
Except from that portion of Lot 13 lying Northerly of the line commencing at the
Northeast corner of Lot 10 as shown on the map above referred to and running
South 600 51' 40" East across said Lot 13, a distance of 91.05 chains to the
Northwest corner of Lot 16 as shown on said map, 38% of all the minerals, gas,
oils, petroleum, naphtha and other hydrocarbon substances in, in or under said
land for ten years from July 14, 1941 and so long thereafter as there is any
commercial development of any of said minerals, .gas, oils, petroleum, naphtha
and other hydrocarbon substances in, on or under, said land, as reserved in the
deed from Goldtree Investments Company, a corporation, and Margaretha Elsa
Mendel to John A. Guidetti, dated July 14, 1941 and recorded August 15, 1941 in
Book 300, Page 432 of Official Records.
Also except from that portion of Lot 13 lying Northerly of the line commencing
at the Northeast corner of Lot 10 as shown on the map above referred to and
h
0
DESCRIPTION
Page 2 Order No. 235615 NH
running South 600 51' 40" East across said lot 13, a distance of 91.05 chains to
the Northwest corner of Lot 16 as shown on said map, 12% of all the minerals,
gas, oils, petroleum, naphtha and other hydrocarbon substances in, on, or under
said land for ten years from August 13, 1941 and so long thereafter as there is
any commercial development of any minerals, gas, oils, petroleum, naphtha and
other hydrocarbon substances in, on, or under said land, as reserved in the deed
from Wilhelm Straus and Morris Lowenthal, the duly appointed, qualified and
acting administrators with the will annexed of the Estate of Helen Goldtree Nee
Helene Lieber, deceased, to John Guidetti, dated. August 13, 1941 and recorded
August 15, 1941 in Book 300, Page 429 of Official Records.
PARCEL 2:
That portion of Lot 16 of the subdivisions of the Rancho San Miguelito, in the
County of San Luis Obispo, State of California, according to the map made by
R.R. Harris in 1875, recorded August 20, 1875 in Book A, Page 39 of Maps, in the
Office of the County Recorder of said County, described as follows:
Commencing at a stake marked S.M.11 at the Southeast corner of said Lot 16;
thence North 60 5' East, 8 chains to a stake marked J.S.1; thence North 30 5'
West, 3.52 chains to a stake marked J.S.2; thence North .190 15' West, 4 chains to
stake marked J.S.3; thence North 90 West, 3.33 chains to a stake marked J.S.4;
thence North 80 45' East,. 2 chains to a stake marked J.S..S; thence North 4.89
chains to stake marked J.S.6; thence North 20 45' East, 7 chains to stake marked
J.S.7; thence North 60 45' East, 4.53 chains to fence post marked J.S.8; thence.
along fence South 840 East, 1.41 chains to a stake marked J.S.9, on the East line
of said Lot 16; thence .South 130 15' West, 1.93 chains to stake marked S.M.13;
thence South 10 East, 23.40 chains to stake marked S.M.12; thence South 60 30'
West, 1.1.37 chains to the Point of Beginning.
• e
Conservation Easement between John Guidetti and the City of San Luis Obispo
Attachment B.
Potential. Development Area
e LIO
................. .............. .
...... .....
no
63 .......
11 It
De 124
78
no
1 ;j it
tl II 5
kk,_
rl
)565
400
V
-99
07-x
464
Attachment B
Potential Development Area
0
0
Conservation Easement between John Guidetti and the City of San Luis Obispo
Attachment C.
Potential Subsurface Mineral Exploration and Extraction Areas
ease_g -6.doc
*
LIU
NOW, 1,11MIR
ffu-slo"O kid
hibited from
mineral extraction, is, RV
U •
0
DEED OF CONSERVATION EASEMENT
John Guidetti and the City of San Luis Obispo
THIS GRANT DEED OF CONSERVATION EASEMENT is made this " "day of October,
1996, by John Guidetti, having an address at P.O. Box 185, San Luis Obispo, CA 93406
( "Grantor "), in favor of the City of San Luis Obispo, a chartered municipal corporation of the
State of California, having an address at 990 Palm Street, San Luis Obispo, CA 93401
( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting of five
separate parcels in San Luis Obispo County, California, more particularly described in
Attachment A attached hereto and incorporated by this reference (the "Property"); and
WHEREAS, the Property possesses agricultural, natural resource values including wildlife and
plant resources, and scenic open space values (collectively, conservation values) of great
importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of
California; and
WHEREAS, both Grantor and Grantee desire to preserve and conserve these conservation values
for the public benefit; and
WHEREAS, the specific conservation values of the Property are documented in a report called
the Baseline Report that is on file at the offices of Grantee and incorporated by this reference,
and this Report consists of maps, photographs, and other documentation that the parties agree
provide, collectively, an accurate representation of the Property 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, and
WHEREAS, Grantor and Grantee intend that the conservation values of the Property be
preserved and maintained by the continuation of currently existing land use patterns, including,
without limitation, those relating to farming and ranching; and
C�
Conservation Easement between John Guidetti and the City of San Luis Obispo
WHEREAS, Grantor and Grantee recognize the Property is classified as Agriculture in the
General Plan for the County of San Luis Obispo and this carries with it permitted activities that
are acknowledged by the Grantee that include the construction of single family residential
homes; and
WHEREAS, Grantor and Grantee agree to work cooperatively as a joint effort to plan for and
locate those permitted activities specifically related to single family residential homes in such a
way that will protect the conservation values of the Property; and
WHEREAS, Grantor reserves all oil, mineral, gas and other hydrocarbon resources below the
surface of the Property subject, however, to the reserved rights of Grantee to reasonably review
and approve all aspects of development related to the exploration or extraction of these
resources; and
WHEREAS, Grantor and Grantee agree to work cooperatively as a joint effort to plan for and
locate all support facilities that may be necessary to develop these oil, mineral, gas and other
hydrocarbon resources in a way that protects the conservation values of the Property; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to Grantee the
right to preserve and protect the conservation values of the Property in perpetuity; and
WHEREAS, Grantee is a chartered municipal corporation of the State of California that is
authorized to accept Conservation Easements; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated
herein and to preserve and protect in perpetuity the conservation values 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 of California and in particular sections
815 and 816 of the Civil Code -Conservation Easements, Grantor hereby voluntarily grants and
conveys to the Grantee a Conservation Easement in gross in perpetuity over the Property
described in Attachment A and referred to hereinafter as the Property.
1. PuMose. It is the purpose of this Easement to assure that the Property, subject to the
existing uses described herein, will be retained forever in its predominantly natural, scenic, and
open space condition and to prevent any use of the Property that will significantly impair or
interfere with the conservation values of the Property. The conservation values of particular
importance include the oak woodland plant community, the understory of shrubbery the oak
Page 2 of 13
• 0
Conservation Easement between John Guidetti and the City of-San Luis Obispo
woodlands contain and its importance to wildlife. The values also include the scenic quality of
the undeveloped land that is visible from the surrounding community, the values the land
supports in its native plant communities, the value of the land in the existing and potential
production of agricultural crops that includes cattle grazing, vineyard development, the value of
the land as a watershed and the benefits provided with the prevention to erosion, and protection
of water quality, the values of the land as it supports riparian vegetation along its drainage ways
and creeks. Grantee recognizes that farming and ranching consistent with the Grantor's current
practices is consistent with the protection of these values and the construction of single family
homes on the existing parcels as authorized by existing County plans and ordinances can be
accommodated with proper planning in such a way that these values among others can be
protected. Grantor and Grantee also recognize that it is the purpose of this Easement to establish
a cooperative working relationship that would extend through all stages of project planning, as
described in Paragraph 7, with regard to the adjustment of property lines between existing legal
parcels, the construction of single family residential structures and support facilities as well as
with regard to all aspects of oil or mineral development, to protect the conservation values of the
Property and ensure the design of such projects includes reasonable measures to minimize the
environmental impact of these projects to the maximum extent reasonably feasible.
2. Rights of Grantee. To accomplish the purpose of this Easement, the following rights are
conveyed to Grantee by this Easement:
(a) To enter upon the Property at reasonable times in order to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement; provided that
such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property;
and
(b) To prevent any activity on or use of the Property that. is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
3. Prohibited Activities. Any activity on or use of the Property inconsistent with the
purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are prohibited from being established:
(a) Subdivision of the land pursuant to the California Subdivision Map Act.
(b) Amending the General Plan to a land use category that would allow a higher density
of development than that which is currently allowed based on the General Plan of
Page 3 of 13
•
0
Conservation Easement between John Guidetti and the City of San Luis Obispo
(c)
(d)
(e)
San Luis Obispo County in effect as of the date of this Easement. A certified copy
of this General Plan will be maintained in the offices of the Grantee.
Advertising signs or billboards unless related to an on -site activity related to a
Reserved Right.
Cutting or.removal of trees or clearing of shrub land for the commercial sale of
firewood.
All activities (also called "uses " by the General Plan of the County of San Luis
Obispo) that are not permitted under the General Plan of the County of San Luis
Obispo, in the Framework for Planning Table `O' and including its Land Use
Ordinances related to property classified as Agriculture as of the date this
Conservation Easement is executed are prohibited. A certified copy of the
Framework for Planning Table "O" and the Land Use Ordinance related to property;
classified as Agriculture as of the date of the Conservation Easement, shall be kept
on file with the Clerk of the City of San Luis Obispo for reference.
In addition, the following activities that are defined and authorized in land classified
as Agriculture by the County General Plan are prohibited.
(1) Airfields and Landing Strips except as may be necessary in support of
agricultural activities
(2) Bed and Breakfast Facilities.
(3) Caretaker Residence except as may be necessary in support of agricultural
activities.
(4) Churches.
(5) Concrete, Gypsum, and Plaster Products.
(6) Electric Generating engaged in the generation and distribution of electrical .
energy for sale (power plants) from oil, gas, coal or nuclear fuels.
(7) Food and Kindred Products (food processing and manufacturing
establishments).
(8) Indoor Amusement and recreation facilities.
(9) Libraries and museums.
(10) Membership organization facilities.
(11) Mining, surface
(12) Mobile homes unless necessary as a caretaker's residence for agricultural
purposes.
(13) Paving materials
Page 4 of 13
r
Conservation Easement between John Guidetti and the City of San Luis Obispo
(14) Public safety facilities such as prisons.
(15) Recycling collection stations.
(16) Recycling and scrap
(17) Residential care facilities
(18) Schools
(19) Small scale manufacturing
(20) Warehousing.
(21) Waste Disposal Sites such as public sanitary land fills.
(22) Wholesaling and Distribution.
4. Reserved Rights. Grantor reserves to himself, and to his 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 Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this Easement. These
Reserved. Rights may be exercised without permission or review by the Grantee and include such
activities as the harvesting or cutting of trees for personal use, fencing and other improvements
or maintenance necessary for ongoing agricultural activities such as fences, roads, water troughs
and agricultural water development, and reconstruction of existing structures, or the sale or
leasing of underground mineral rights.
5. Notice of Intention to Undertake Certain Reserved Rights. Grantor shall notify Grantee
prior to undertaking any of the following activities. Whenever notice is required, Grantor shall
notify Grantee in writing not less than 60 days prior to the date Grantor intends 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 consistency with the purpose of this Easement. This excludes any
activities that are necessary due to an emergency that requires immediate repair or construction
of facilities. An emergency would be limited to any event that could threaten injury to a person
or could result in immediate threat to real property or the potential for impacts on the
conservation values of the Property.
(a) The intensification of agricultural practices for grazing purposes or the
introduction of new crops such as installation of vineyards, that could require
removal of substantial amounts of shrubbery in the understory of the existing oak
woodlands.
(b) The construction of new agricultural structures such as barns including access and
other improvements necessary to support such structures.
Page 5 of 13
Conservation Easement between John Guidetti and the City of San Luis Obispo
6. Grantee's Objection to Construction. For a period of 15 days after Grantee receives the
notice provided in Paragraph.5 above, Grantee may, in a notice in writing (the "Objection
Notice "), set forth its reasonable objections to Grantor's proposed construction, such objections
to state the reasons why the construction would be inconsistent with the purpose of or violate the
provisions of this Easement. Within ten days after Grantor receives the Grantee's objections, if
any, Grantor and Grantee shall meet to resolve these objections. In the event that the parties
cannot resolve the objections to their mutual satisfaction within such ten day period, either of the
parties may refer the dispute to arbitration under Paragraph 9 of this Agreement. In the event
Grantee does not give to Grantor the Objection Notice within the above described 15 day period,
Grantee shall be deemed to have waived any right to object to such activities.
7. Requirement for Undertake Cooperative Planning for Certain Reserved Rights, Grantor
shall notify Grantee prior to undertaking any of the following activities. Whenever notice is
required, Grantor shall notify Grantee in writing that he intends to undertake one or more of the
following activities and request that a cooperative planning process be initiated. This planning
and process is to include cooperation on the location of activities, the intensity of such activities,
and the physical nature :of improvements into or on the land necessary to support these activities.
The Grantor will work with the Grantee to establish a mutually agreed time table for completion
of this planning process. If the Grantor and Grantee can not reach an agreed upon time table
within a reasonable period of time within 30 days, a time period of 180 days will be set as the
maximum amount of time allocated for the completion of this process. The rights of the Grantee
shall include reasonable review, modifications to (including, but not limited to redesign) and
approval of activities proposed by the Grantor. Such review and approval shall not be considered
an official action by the Grantee under the California Environmental Quality Act and such
review and approval shall not unreasonably restrict the rights of the Grantor reserved by this
Easement. No formal submittal of an application to the County of San Luis Obispo, however, for
any such activities shall be submitted by the Grantor without formal notice in writing from the
Grantee that the rights conveyed by this Paragraph to the Grantee, including the rights of
arbitration, have been completed.
The activities subject to this requirement for cooperative planning include:
(a) The construction of single family homes including mobile homes and any access
or other facilities and structures necessary to support the construction or
installation of such homes except as follows: where the location of such
construction is within the area marked as "Potential Development Area" on
Attachment B to this Easement, the Grantor is only obligated to provide notice as
required under Paragraph 5.
Page 6 of 13
0
0
Conservation Easement between John Guidetti and the City of San Luis Obispo
(b) The adjustment or modification of lot lines between existing legal lots.
(c) The exploration or extraction of subsurface minerals except as provided for in
Paragraph 8.
8. Approval of areas Proposed for Exploration or Extraction of Subsurface Mineral Rights,
Ridgetop Exclusion from Such Activities. If Grantor proposes exploration or extraction of
mineral rights on the Property conducted (1) from sites off the Property, or (2) from the area
marked as "Potential Subsurface Mineral Exploration and Extraction Areas" on Attachment C to
this Easement, the Grantor is only obligated to provide notice as required under Paragraph 5. If
such exploration or extraction is proposed elsewhere on the Property, the Grantor shall notify the
Grantee as provided under Paragraph 7. The cooperative planning process defined under
Paragraph 7, in the case of mineral exploration and extraction, shall include a preliminary
environmental analysis which will address issues of concern to Grantee, including but not limited
to impacts on natural vegetation and the scenic character of the area that may be caused by road
access and other infrastructure needs, and closure or abandonment requirements. In no case,
however, shall Grantor propose to conduct such activities from the ridgetop areas of Indian
Knob, said areas being identified as those lands on the Property above 600 feet above sea level
and shown on Attachment C to this easement.
9. Arbitration. Any controversy arising from this Easement or its breach related to the
definition of activites defined as Rights of Grantee, Prohibited Activities, Reserved Rights,
activities subject to Notice of Intention to Undertake Certain Reserved Rights, or activities
subject to Requirements for Undertaking Cooperative Planning for Certain Reserved Rights shall
be determined by three arbitrators appointed as set out below:
(a) Within thirty (30) days after a notice by either party to the other requesting
arbitration and stating the basis of the party's claim, one arbitrator shall be
appointed by each party. Notice of the appointment shall be given be each party
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 or if the two arbitrators
fail to select a third arbitrator within 14 days after their appointment, on
application by either party the third arbitrator shall be promptly appointed by the
then presiding judge of the Superior Court of the State of California in and for the
County of San Luis Obispo acting as an individual within 14 days. The party
Page 7 of 13
Conservation Easement between John Guidetti and the City of San Luis Obispo
making the application shall give the other party 14 day's notice of the
application.
The arbitration shall be conducted under the Code of Civil Procedures (Section
1280- 1294.2). Hearings shall be held in San Luis Obispo County California
Both parties agree by signing this Easement that they are. agreeing to have any
dispute arising.from the matters included in the Arbitration provisions of this
Easement decided by neutral arbitration as provided by California law and that
each party is giving up any rights to have the 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 unless such rights are specially requested in the notice
requesting Arbitration or as permitted by CCP 1280 et.seq. If either party refuses
to submit to arbitration, they may be compelled to arbitrate under the authority of
the California Code of Civil Procedure.
10. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Easement or that a violation is threatened, Grantee shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and, where
the violation involves injury to the Property resulting from any use or activity inconsistent with
the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to
cure the violation within a 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,
fails to begin curing such violation within the thirty (30) -day period, or fails to continue
diligently to cure such violation until finally cured, Grantee may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this 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 Easement or injury to any
conservation values protected by this Easement, including damages for the loss of scenic,
aesthetic, or environmental values, and to require the restoration of the Property to the condition
that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its
sole discretion, may apply any damages recovered to the cost of undertaking any corrective
action on the Property. If Grantee, in its sole discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the conservation values of the
Property, Grantee may pursue its remedies under this Paragraph without prior notice to Grantor
or 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
Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this
Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in
Page 8 of 13
i
Conservation Easement between John Guidetti and the City of San Luis Obispo
this Paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee
may be entitled, including specific performance of the terms of 'this Easement, without the
necessary 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.
11. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Easement against Grantor, including, without limitation, costs of suit and attorneys'
fees, and any costs of restoration necessitated by Grantor's violation of the terms of this
Easement shall be borne by Grantor. If Grantor prevails in any action to enforce the
terms of this Easement, Grantor's costs of suit, including, with limitation, attorneys'
fees, shall be borne by Grantee. If Grantee prevails in any action to enforce the
terms of this Easement, Grantee's costs of suit, including, without limitation, attorneys'
fees, shall be borne by Grantor.
12. Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantor shall not be
deemed or construed to be a waiver by Grantee of such term or of any of Grantee's rights
under this Easement. No delay or omission by Grantee in the exercise of any right or
remedy upon any breach by Grantor shall impair such right or remedy or be construed as
a waiver.
13. Waiver of Certain Defenses. Grantor hereby waives any defense of laches,
estoppel, or prescription.
14. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from.such causes.
15. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement without specific written authority from Grantor describing places,
trails, and other conditions.
16. Taxes. Grantor shall pay all taxes, assessments, fees, and charges of whatever description
levied on or assessed against the Property by competent authority (collectively "taxes "),
Page 9 of 13
Conservation Easement between John Guidetti and the City of San Luis Obispo
including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish
Grantee with satisfactory evidence of payment upon request subject to the right to contest any
such taxes.
17. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its
members, directors, officers; employees, agents, and contractors and their 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 attorney's fees, arising 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
Indemnified Parties; (3) the obligations specified in Paragraph 16; or (4) the existence of this
Easement.
18. Extinguishment. If circumstances arise in the future such as render the purpose of this
Easement impossible to accomplish, this Easement can only be terminated or extinguished, . _
whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the
amount of the proceeds to which Grantee shall be entitled, after the satisfaction or prior claims,
from any sale, exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined, unless otherwise
provided by California law at the time, in accordance with Paragraph 19. Grantee shall use all
such proceeds in a manner consistent with the conservation purposes of this grant.
19. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which, for the purposes of Paragraph 18, the parties stipulate to have a fair market value
of four hundred thousand dollars ($400,000).
20. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of
eminent domain, Grantee shall be entitled to compensation in accordance with applicable law.
21. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization 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 is intended to advance continue to be carried out.
Page 10 of 13
Conservation Easement between John Guidetti and the; City of San Luis Obispo
22. Subsequent Transfers. Grantor agrees 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 Property, including, without limitation, a leasehold interest. Grantor further agrees to give
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 perform any act required by this Paragraph shall not
impair the validity of this Easement or limit its enforceability in any way.
23. Certificates. Upon request by Grantor, Grantee shall within twenty (20)days execute and
deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's
compliance with any obligation of Grantor contained in this Easement and otherwise evidences
the status of this Easement as may be requested by Grantor.
24. Notices. Any notice, demand, request, consent, approval, or communication that either
parry 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 Grantor: John Guidetti
P.O. Box 185
San Luis Obispo, CA 93406
To Grantee: Mr. John Dunn
City of San Luis Obispo
990 Palm 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.
25. 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 Easement.
26. Monitoring. The Grantee or its designee shall conduct annual monitoring of the
conservation values within the Property. Such monitoring shall be done in accordance with a
systematic and routine checklist designed to facilitate the identification of trends and changes of
Page 11 of 13
•
•
Conservation Easement between John Guidetti and the City of San Luis Obispo
the conservation values over time. A copy of each monitoring report shall be given to the
Grantor.
27. Subordination. At the time of the conveyance of this Easement, the Property is subject to
mortgage. The holder of this mortgage agrees by execution of this Easement to subordinate its
rights in the Property to this Easement to the extent necessary to permit the Grantee to enforce
the purpose of this Easement in perpetuity and to prevent any modification or extinguishment of
this Easement by the exercise of any rights of the mortgage holder. The priority of the existing
mortgage with respect to any valid claim on the part of the existing mortgage holder to the
proceeds of any sale, condemnation proceedings, or insurance or to the leases, rents, and profits
of the Property shall not be affected thereby, and any lien that may be created by Grantee's
exercise of any of its rights under this Easement shall be junior to the existing mortgage. Upon
request, Grantee agrees to subordinate his rights under this Easement to the rights of any future
mortgage holders or beneficiaries of deeds of trust to the proceeds, leases, rents, and profits
described above and likewise to subordinate its rights under any such lien and to execute any
document required with respect to such subordination provided any such subordination by the
Grantee shall not result in the extinguishment of this Easement.
28. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this 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 as described in sections 815 through 816 of the
California Civil Code. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this Easement that
would render the provision valid shall be favored over any interpretation that
would render it invalid.
(c) Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of
this 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.
Page 12 of 13
•
•
Conservation Easement between John Guidetti and the City of San Luis Obispo
(d) Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and superseded all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged
herein.
(e) Successors. The covenants, terms, conditions, and restrictions of this 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 perpetually with the Property.
(f) 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 construction or interpretation.
(g) 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.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year
first written above.
For the Grantor:
For the Grantee:
For Deed of Trust Holder
Central C ast eral and Bank Association, FLCA
-B
y.
John Boyes Senior ice President
Central ast Prod Credit Association
(Acknowledgments) By:— �^'
John . Boyes, or V' e President
Page 13 of 13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of c
On before me, fir -���/ F'r -19, �l" R- .b✓i�,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared 0--/ IP �
Name(s) of Signer(s)
PVersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person,(
whose name/* subscribed to the within instrument
and acknowledged to me that;(VD06 /t* j executed the
same irXSVh* /th)Wr authorized capacity(D6), and that by
CENDYP1LG (N�h * /tNir signatureM on the instrument the personX,
Commission # 1091390 or the entity upon behalf of which the personoq) acted,
-v Notary Public — California executed the instrument.
Son Luis Obispo County
My Comm. Expires Mar 17, 2C)0
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
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: o>• �o� -- L r"'�'
Document Date: Number of Pages: �y
Thy G��r'�rr =r
Signer(s) Other Than Named Above:h I� -S
Capacity(ies) Claimed by Signer(s)
Signer's Name:
,�7_i 1.e- A--
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — El Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee _
❑ Guardian or Conservator
❑-Other: Top of thumb here
Signer Is Representing:
6 ash
ner's Name:
❑ Indi ' ual
11 Corpor Officer
Title(s):
❑ Partner — E11knited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conserva
❑ Other: Top of thumb here
\11,
Signer Is Representing:
0 1995 National Notary Association • 8236 Remmet Ave., P.O..Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827
STATE OF CALIFORNIA,
}
COUNTY OF San Luis ObISP S.S.
! On October 29 1996 before me, Rosanna M. Medeiros
a Notary Public in and for said County and State, personally
appeared
N
personally known to me (or 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.
WITNESS "nd and official seal. r
Signatur(e /!
FOR NOTARY SEAL OR STAMP
Rosanna M MM
Comm. ��/05
b Notary Public
California
SAO LUIS 081 SP0 CQIJ#TV
py Corm. EVfM tIe 5. 499$
TE 160 Legal (2 -94) This form is furnished by Chicago Title Company
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN LUIS OBISPO )
On October 29, 1996, before me, Tracey L. Romero, the undersigned Notary Public in and for said County
and State, personally appeared John C. Boyes, personally known 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.
WITNESS my hand and official seal.
Q
MACEY L ROMM f
Comffbdon #1091395
Notary Pub2c — Co9bmla
San Luis Obhpo County
My Comm. Expires May 132000 `
Attached to Deed of Conservation Easement
�z-
Notary Public'(7" e of California
0 0
Attachment A.
Legal Description of Property Subject to Easement
•
•
DESCRIPTION
Page 1 Order No. 235615 NH
PARCEL 1:
Lot 13 and those portions of Lots 16 and 17 of the subdivision of the Ranchos
San Miguelito, in the County of San Luis Obispo, State of California, according
to the map made by R.R. Harris in 1875, and recorded August 20, 1875 in Book A,
Page 39 of Maps, in the Office of the County Recorder of said County, included
within the land described as follows:
Beginning at the most Westerly corner of said Lot 17; thence North 190 15' East
along the Northwesterly line of said Lot 17, a distance of 28.7 chains to the
most.Northerly corner of said Lot; thence North 160 301. West along the Westerly
line of Lot 13, a distance of 86.25 chains to the Northeast corner of Lot 10, as
shown on the map above referred to; thence. South 690 46' 28" East, 9460.26 feet
to a point on the East line of Lot 15 which bears South 00 30' East along said
East line, 1250 feet from stake SM -4; thence South 00 30' East along the East
line of Lots 15 and 16, a distance of 23.46 chains to stake SM -14; thence South
130 15' West along the Easterly line of said Lot 16, a distance of 19.27 chains
to a stake J.S.9; thence North 840 West, 1.41 chains to stake J.S.8; thence. South
6° 45' West, 4.53 chains to stake J.S.7; thence .South 20 45' West, 7 chains to
stake. J.S.6; thence South 4.89 chains to stake J.S.5; thence South 80 45' West, .2
chains to stake J.S.4; thence South 90 East, 3.33 chians to stake J.S.3; thence
South 190 15' East, 4 chains to stake J.S.2; thence South 30 05' East, 3.52 chains
to stake J.S.l; thence South 60 05' West, 8 chains.to stake S.M.11 at the most
Southerly corner of said Lot 16; thence South 300 45' West along the Easterly
line of Lot 17, a distance of 8.11 chains to stake S.M.10; thence continuing
along said Easterly line, South 120 West, 8.27 chains to the Northeast corner of
Lot 1 of the subdivisions of the Ranchos E1 Pismo and San Miguelito according to
map recorded April 30, 1886 in Book A, Page 157 of Maps; thence North 660 West
along the Northerly line of said Lot 1, a distance of 35.5 chains to an angle,
point therein; thence continuing along said Northerly line North 290 West, 33.8
chains to a coast survey station at the most Northerly corner of said Lot 1,
said point also being the Northeast corner of Lot 2, as shown on map last above
referred to; thence North 710 15' West along the Northerly line of said Lot 2, a
distance of 18.75 chains to an angle point therein; thence continuing along
said Northerly line., South 790 West, 24.5 chains to an angle point therein;
thence South 290 30' West along the Westerly line of said Lot 2, a distance of
1094.41 feet, more or less, to the Southwesterly line of Lot 17 as shown on the
map recorded in Book A, Page 39 of Maps above referred to; thence North 720 30'
West along said Southwesterly line, 8.9 chains, more or less, to the Point of
Beginning.
Except from that portion of Lot 13 lying Northerly of the line commencing at the
Northeast corner of Lot 10 as shown on the map above referred to and running
South 600 51' 4.0" East.across said Lot 13, a distance of 91.05 chains to the
Northwest corner of Lot 16 as shown on said map, 38% of all the minerals, gas,
oils, petroleum, naphtha and other hydrocarbon substances in, in or under said
land for ten years from. July 14, 1941 and so long thereafter as there is any
commercial development of any of said minerals, gas, oils, petroleum, naphtha
and other hydrocarbon substances in, on or under, said land, as reserved in the
deed from Goldtree Investments Company, a corporation, and Margaretha Elsa
Mendel to John A. Guidetti, dated July 14, 1941 and recorded August 15, 1941 in
Book 300, Page 432 of Official Records.
Also except from that portion of Lot 13 lying Northerly of the line commencing
at the Northeast corner of Lot 10 as shown on the map above referred to and
•
•
DESCRIPTION
Page 2 Order No. 235615 NH
running South 60° 51' 40" East across said lot 13, a distance of 91.05 chains to
the Northwest corner of Lot 16 as shown on said map, 12W of all the minerals,
gas, oils, petroleum, naphtha and.other hydrocarbon substances in, on, or under
said land for. ten years from August 13, 1941 and so long thereafter as there is
any commercial development of any minerals, gas, oils, petroleum, naphtha and
other hydrocarbon substances in, on, or under said land, as reserved in the deed
from Wilhelm Straus and Morris Lowenthal, the duly appointed, qualified and .
acting administrators with the will annexed of the Estate of Helen Goldtree Nee
Helene Lieber, deceased, to John Guidetti, dated August 13, 1941 and recorded
August 15, 1941 in Book 300, Page 429 of Official Records.
PARCEL 2:
That portion of Lot 16 of the subdivisions of the Rancho San Miguelito, in the
County of San Luis Obispo, State of California, according to the map made by
R.R. Harris in 1875, recorded August 20, 1875 in Book A, Page 39 of Maps, in the
Office of the County Recorder of said County,, described as follows:
Commencing at a stake marked S.M.11 at the Southeast corner of said Lot 16;
thence North 60 5' East, 8 chains to a stake marked J.S.1; thence North 30 5'
West, 3.52 chains to a stake marked J.S..2; thence North 190 15' West, 4 chains to
stake marked J.S.3; thence North 90 West, 3.33 chains to a stake marked J.S.4;
thence North 80 45' East., 2. chains to a stake marked J.S.5; thence North 4.89
chains to stake marked J.S.6; thence North 20 45' East, 7 chains to stake marked
J.S.7; thence North 60 45' East, 4.53 chains to fence post marked J.S.8; thence
along fence South 840 East, 1.41 chains to a stake marked J.S.9, on the East line
of said Lot 16; thence South 130 15' West, 1.93 chains to stake marked S.M.13;
thence South 10 East, 23.40 chains to stake marked.S.M.12; thence. South 60 30'
West, .11.37 chains to the Point of. Beginning.
Conservation Easement between John Guidetti and the City of San Luis Obispo
Attachment B.
Potential Development Area
• •
Attachment B
Potential Development Area
C
Conservation Easement between John Guidetti and the City of San Luis Obispo
Attachment C.
Potential Subsurface Mineral Exploration and Extraction Areas
ease _g-6.doc
0 9
..........
• ........... ...............
N.
.................... ............
C3
no
..........
el V
PO�
24
41
II
%77 X
(Prohibited from
mineral extraction)
464
Attachment C
Exploration and Extraction of
Mineral Rights
1.4