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HomeMy WebLinkAboutD-1809 Recorded 12/31/2008Recording requested by FIRST AMERICAN TITLE CO. WHEN RECORDED RETURN TO: City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 -3249 f , m� /I- ' JULIE RODEWAM San Luis Obispo Co Clerk/Recorder gRecorded at the request of First American Title Company DOC #: 2008063769 LO 12/3112008 8:00 AM Titles: 1 Pages: 14 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 DEED OF CONSERVATION EASEMENT Frederick K. Glick and Sharon S. Glick, Co- Trustees of the Frederick K. Glick and Sharon S. Glick Family Trust, and Michelle Anne Leguina, a married woman; to the City of San Luis Obispo THIS DEED OF CONSERVATION EASEMENT dated ye"4( ;3, 2008, by Frederick K. Glick and Sharon S. Glick, Co- Trustees of the Frederick K. Glick and Sharon S. Glick Family Trust, having an address at 1315 Santa Rosa Street, San Luis Obispo, CA. 93401 and Michelle Leguina, also having an address at 1315 Santa Rosa Street, San Luis Obispo, CA. 93401, as tenants -in- common, ( "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 "), is made with respect to the following: RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting of one Assessor's parcel 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 natural resource values including wildlife and plant resources, and scenic open space values (collectively, the 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, due to soil conditions and slopes, the property has extremely limited agricultural value; 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; 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 RECENE® JAN ? 1) 7009 SLO CITY CLERK '�D 0 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, inconsideration 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 that portion . of the Property described in Attachment B and referred to hereinafter as the "Easement Area ". 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 that will significantly impair or interfere with the conservation values of the Easement Area. The conservation values of particular importance include the grassland chaparral, and woodland communities existing on the site, the natural flow of Stenner Creek, and their importance to wildlife. These values also include the scenic quality of the undeveloped land that is visible from the surrounding community, the value of the land as a watershed and the benefits provided with the prevention to erosion, and protection of water quality, and the value of the land as it supports riparian vegetation along its drainage ways and creeks. 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 and the Easement Area 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 Easement Area 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 Easement Area 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) Building or erection of structures of any kind. (c) Cutting or removal of trees, except as may be necessary for health of the remaining trees or for public safety. - • (d) Mining or other mineral exploration or exploitation of the property. (e) The collection of any portion of the natural flows of Stenner Creek. (f) Grading, other than for purposes of providing hiking or riding trails on the site consistent with generally accepted standards. 4. Reserved Rights, Including Right to .Replace Existing Mobile Home with a New Structure. 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. Grantor particularly reserves to himself, and to his personal representatives, heirs, successors, and assigns, the right to remove the existing mobile home from its current location, and to replace said mobile home with another mobile home or constructed home. Said new home shall be in substantially the same location as the current mobile home, and no other location on the Property. Ancillary features such as a barn may also be installed, but any such ancillary features must in the immediate vicinity of the home. No secondary residential structure is permitted. 5. Baseline Documentation. The parties agree that the specific conservation values of the property shall be documented in a report ( "the Baseline Report") that shall be completed within thirty days of the transfer of this Deed of Conservation Easement, and that both Grantee and Grantor shall receive true copies of this report. The Report shall consist of maps, photographs, and other documentation that, the parties must agree in writing, provide 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 6. Arbitration. At the election of either party, any controversy arising from this Easement or its breach 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 to the other parry 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 I party making the application shall give the other party 14 days notice of the application. The arbitration shall be conducted under the Code of Civil Procedure (Section 1280 - 1294.2, or as those sections may subsequently be amended). 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 parry refuses to submit to arbitration, they may be compelled to arbitrate under the authority of the California Code of Civil Procedure. 7. 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 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 the 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 therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any correction action on the Easement Area. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Easement Area, Grantee may pursue its remedies under this Paragraph without 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 violation 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 this Paragraph, both prohibitive and mandatory addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies • described in this Paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in: equity. 8. 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' fee, 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. 9. 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 beach by Grantor shall impair such right or remedy or be construed as a waiver. 10. Waiver of Certain Defenses. Grantor and Grantee hereby mutually waive any defense of laches, estoppel, or prescription. 11. 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 Easement Area 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 Easement Area resulting from such causes. 12. No Expense to Grantor. Under the express, terms of this Deed of Conservation Easement, Grantor shall not incur any expense associated with maintaining the property as open space. All expenses associated with conservation efforts Grantee determines to be necessary to preserve the open space easement shall be borne by Grantee, unless and to the extent Grantor is in violation of this Deed of Conservation Easement, in which case provisions herein shall control. 13. 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 "), 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. 14. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its 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 12; or (4) the existence of this Easement. 15. 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 (if any) 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 Easement Area subsequent to such termination or extinguishment; shall be determined as provided by California law. 16. 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. 17. 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 statue (or any successor provision then applicable). 18. 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. 19. 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. 19. 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: 20. 21. 22. To Grantor: Frederick K. Glick 1315 Santa Rosa Street San Luis Obispo, CA. 93401 To Grantee: Ken Hampian, City Manager 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. Recordation. Grantee shall record this instrument in a 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.. 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 the conservation values over time. A copy of each monitoring report shall be given to the Grantor. Subordination. Any. mortgage securing the property shall be subordinate 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. 23. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement . shall be government 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. (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: derick K. Glick L-� Sharon. S. Glick VA(& i� Michelle LeguincV For the Grantee: David F. Romero, Mayor i ATTACHMENT A i Legal Description of Property That portion of Lot 9 according to "Map of the Partition of a part of the Rancho Potrero de San Luis Obispo, made by R. R. Harris in September 1887 ", in the County of San Luis Obispo, State of California, filed for record December 19, 1887 in Book A page 171 of Maps, in the office of the County Recorder of said County described as follows: Beginning at Stake S.45 of said Harris survey; thence North 83 degrees 35 minutes East, 895 feet to Stake M.5; thence South 54 degrees 53 minutes East, 225 feet to Stake M.6; thence South 14 degrees 32 minutes East, 133 feet to Stake M.1; thence North 83 degrees 03 minutes West; 269 feet to Stake M,2; thence South 44 degrees 10 minutes West, 558 feet to Stake M.3; thence South 79 degrees 25 minutes West, 1226 feet to Stake M.4; thence North 27 degrees East, 462 feet; Thence North 57 degrees 45 minutes East, 631 feet to Stake S. 45 the point of beginning. Except the Easterly 5 acres, more or less, as described in the deed to Maria Alberti, recorded January 5, 1951 in Book 592 at page 434 of Official Records. ATTACHMENT B i Legal Description of Property Subject To Easement That portion of Lot 9 according to "Map of the Partition of a part of the Rancho Potrero de San Luis Obispo, made by R. R. Harris in September 1887 ", in the County of San Luis Obispo, State of California, filed for record December 19, 1887 in Book A page 171 of Maps, in the office of the County Recorder of said County described as follows: Beginning at Stake S.45 of said Harris survey; thence North 83 degrees. 35 minutes East, 895 feet to Stake M.5; thence South 54 degrees 53 minutes East, 225 feet to Stake .M.6; thence South 14 degrees 32 minutes East, 133 feet to Stake M.1; thence North 83 degrees 03 minutes West, 269 feet to Stake M.2; thence South 44 degrees 10 minutes West, 558 feet to Stake M.3; thence South 79 degrees 25 minutes West, 1226 feet to Stake M.4; thence North 27 degrees East, 462 feet; Thence North 57 degrees 45 minutes East, 631 feet to Stake S. 45 the point of beginning. Except the Easterly 5 acres, more or less, as described in the deed to Maria Alberti, recorded January 5, 1951 in Book 592 at page 434 of Official Records. Also Except that portion of the Property lying northerly of the North Bank of Stenner Creek as said creek crosses the Property. 0 • CERTIFICATE OF ACCEPTANCE * * * * * * * * * * * * * * * * * * * * * * * * * * * ** THIS IS TO CERTIFY that the interest in real property conveyed by Frederick K. Glick and Sharon S. Glick, Co- Trustees of the Frederick K. Glick and Sharon S. Glick Family Trust, and Michelle Anne Lequina, a married woman, dated December 23, 2008, to the CITY OF SAN LUIS OBISPO, a California Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series) recorded June 15, 1984 in Volume 2604, Official Records, Page 878, San Luis Obispo County, California and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: 12123108 CITY OF SAN LUIS OBISPO By.--1 David F. Romero, Mayor ATTEST: ey.��% A 44eL �L-- , d- A udrey Hooper, CMC City Clerk i CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT STATE OF Ca "fornia )SS COUNTY OF On / — a� � 0 before me, irtJ , Notary Public, personally appeared den`c ( K- R i ck � s%1Ci�On S ((i CK who 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. I certify under PEN LTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and official seal. Y. WHISENAND comm.# 1806456 MM NpTIIRY PUBLIC•CILLIFD�A = Signature N o m 6h COiw. ExP. JULr 14, 2012'' This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though.statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. Q INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) 0 LIMITED F� GENERAL 0 ATTORNEY -IN -FACT TRUSTEE(S) Q GUARDIAN /CONSERVATOR Q OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 1112007 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF C lifornia )SS COUNTY OF r, , n A i n d &-% ) On /':;" — a-�-q " d 9 before me, � j,(J�.C/) -C!' w.��/ -- , Notary Public, personally appeared rr)iCjyM_ L_Q who proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is /are ubscribed 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS r Signature y. WHISENAND .. Comm. # 1806458 N N OTARY PUBM- GUFORIAA SAM Luis oeisro COIJN" my cow. UP. Ja r t/, 2014'' OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER This area for official notarial seal. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (dame of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11 /2007 STATE OF CALIFORNIA ) )SS COUNTY OF SAN LUIS OBISPO ) On December 30, 2008, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the persono whose named is /are-subscribed to the within instrument and acknowledged to me that he /eheMwy executed the same in his/hmftheir authorized capacity(o, and that by his/lief/giek signatureA on the instrument the personA, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CI Clerk f_ END OF DOCUMENT_