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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