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HomeMy WebLinkAbout2017-015974 RECORDING REQUESTED BY 2017015974 AND WHEN RECORDED RETURN TO: Tommy Obispo - County Clerk-Recorder 04/12/2017 11:22 AM CITY OF ARROYO GRANDE Recorded at the request of UBLIC CITY CLERK Titles: 1 Pages: 10 300 E. BRANCH STREET Fees: $0.00 ARROYO GRANDE CA 93420 Total: $0:00 Fee Exempt per GC Sections 6103 and 27383 IllI 'gigAa ,'I III DEED OF CONSERVATION EASEMENT The attached DEED OF CONSERVATION EASEMENT is made by 1189 FLORA ROAD, LLC, a California limited liability company, in favor of the City of Arroyo Grande, a municipal corporation of the State of California. DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is made this 1 o. 'day of March,2017,by 1189 Flora Road, LLC, a California limited liability company, ("Grantor") in favor of the City of Arroyo Grande a municipal corporation of the State of California("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain rights, as were reserved in favor of Grantor, in the real property located in the City of Arroyo Grande, San Luis Obispo County, California,more particularly described in Exhibit"A" attached hereto and incorporated by this reference (the"Property"); and WHEREAS,the Property can provide natural resource values including productive open space,wildlife and plant habitat, rural character, scenic values; provides an important filter for rain run-off; and, provides for locally grown produce (collectively, "Conservation Values") all of which are of great importance to Grantor, the people of the City of Arroyo Grande, and the people of the State of California; and WHEREAS,both Grantor and Grantee desire to preserve and conserve these Conversation Values for the public benefit; 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 other legal agricultural activities; and WHEREAS, Grantor and Grantee intend that the Conservation Values of the Property be further preserved and maintained by limiting the total residential development at the Property to a single main residential structure and one guest house (the"Total Residential Development"); and, WHEREAS, Grantor further intends, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity, subject to the provisions of this grant; and WHEREAS, Grantee is a 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; WHEREAS, Grantee acknowledges and agrees that the Grantor's rights as herein conveyed were reserved by Grantor for the specific purpose of providing this grant, and except as provided in such reservation, Grantor is not currently the owner of the Property fee. Following the recording of this conveyance, all references to Grantor shall be deemed to refer to the current owner of the Property fee title("Owner"). Deed of Conservation Easement Page 1 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 as herein described in gross and in perpetuity over the Property (the "Conservation Easement"). 1. Purpose. It is the purpose of this Easement to assure that the Property, subject to the legal farming and agricultural uses,and the limited Total Residential Development described herein,will be retained forever for such uses and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Conservation Easement. The Conservation Values of particular.importance include scenic quality of the undeveloped farmed land that is visible from the surrounding community,and the use of the land in the existing and potential production of agricultural crops. 2. Rights of Grantee. To accomplish the purpose of this Conservation Easement, Grantee shall have the right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation 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 on the Property: (a) Subdivision of the Property pursuant to the California Subdivision Map Act. (b) Amending the General Plan to a land use category for the Property that would allow a higher density of development than the Total Residential Development herein described. (c) All activities (also called "uses" by the General Plan of the City of Arroyo Grande) that are not permitted under the General Plan of the City of Arroyo Grande as Agriculture or otherwise exceed the Total Residential Development uses. 4. Reserved Rights. Grantor reserves to, and excepts for the benefit of the Owner's and their personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the Conservation Values and purpose of this Conservation Easement. These rights may be exercised without permission or review by the Grantee and include such activities as the planting, growing, and harvesting of crops, construction and maintenance of other improvements appropriate for ongoing agricultural activities, such as fences,agricultural accessory buildings and structures,roads, and water development; and,the repair,replacement and/reconstruction of existing structures,the repair, replacement and construction of any structures within the confines and limitations of the allowed uses and Total Residential Development, or the sale or leasing of underground mineral rights. Deed of Conservation Easement Page 2 5. Grantee's Remedies. If Grantee determines that an Owner is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to the Owner 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 Conservation Values and purpose of this Conservation Easement,to restore the portion of the Property so injured. If the Owner 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 to diligently 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 Conservation Easement,to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Conservation Easement or injury to any Conservation Values protected by this Conservation Easement, including damages for the loss of 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 the Owner's liability therefore, 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 damages to the Conservation Values of the Property, Grantee may pursue its remedies under this Paragraph without prior notice to the Owner 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 Conservation Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this Paragraph,both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled,including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 6. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against the Owner, including, without limitation, costs of suit and attorneys' fees,and any costs of restoration necessitated by an Owner's violation of the terms of this Conservation Easement shall be borne by the Owner. Notwithstanding the foregoing, if an Owner prevails in any action by Grantee to enforce the terms of this Conservation Easement, then the Owner's costs of suit, including,without limitation, attorneys' fees, shall be borne by Grantee. 7. Grantee's Discretion. Enforcement of the terms of this Conservation Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any terms of this Conservation Easement shall not be deemed or construed to be a waiver by Grantee of such term or of any of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by an Owner shall impair such right or remedy or be construed as a waiver. 8. Acts Beyond Grantor's Control. Nothing contained in this Conservation 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 Deed of Conservation Easement Page 3 to prevent,abate, or mitigate significant injury to the Property resulting from such causes. 9. No Public Access. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement whatsoever. 10. Taxes. Following this grant, the Owner 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 Conservation Easement,and shall furnish Grantee with satisfactory evidence of payment upon request subject to the right to contest any such taxes. 11. Extinguishment. If circumstances arise in the future that render the purpose of this Conservation Easement impossible to accomplish,this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction,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 12. Grantee shall use all such proceeds in a manner consistent with the Conservation Values and purpose of this grant. 12. Fair Market Value. This Easement constitutes a real property interest immediately vested in Grantee, which the parties stipulate to have a fair market value of Three Hundred Eighty Three Thousand and 00/100 Dollars ($383,000.00). 13. Condemnation. If the Conservation 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. 14. Assignment. This Conservation Easement is transferable,but Grantee may only assign its rights and obligations under this Conservation Easement 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 Values and purpose of this grant is intended to advance shall continue to be carried out. • 15. 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 Conservation Easement and otherwise evidences the status of this Conservation Easement as may be requested by Grantor. ti 16. 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: Deed of Conservation Easement Page 4 To Grantor: 1189 FLORA DRIVE,LLC 684 Higuera Suite B San Luis Obispo,CA 93401 To Grantee: City of Arroyo Grande Attn: City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 • or to such other address as either party from time to time shall designate by written notice to the other. 17. 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. 18. 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 Owner. 19. Subordination. 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. 20. 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 and 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, understanding, or agreements relating to the Easement, all of which are merged Deed of Conservation Easement Page 5 • 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 and 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. 1189 FLORA ROAD,LLC: f��ll� Iasi ► �_ obert McFall,actl g City Manager By:Tompkins Trust R cf9r the City of Arr•F o Grande Dated November 14,2007 ••"^••�ATEST: Managing Member, Nicholas J. Tompkins,Trustee �CROR - . at '` Kelly Wetmo r-,City Clerk P •1!!9!•!1!!!.p••s frop APPROVED AS TO FORM AND LEGAL EFFECT: ather K. Whitham, City Attorney Deed of Conservation Easement Page 6 EXHIBIT "A" PARCEL 1 OF PARCEL MAP AG-79-022,IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO THE MAP RECORDED JUNE 10,1982 IN BOOK 32,PAGE 25 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. I I s ; 1 1 1 1 1 i 1 1 { 1 1 i i 1 I • i i u • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) Nn n On MQrcfi_27 j 20(7 (date),before me, Ml�che/e A-.Tmp ns,Notary Public, personally appeared N i ch o(a s T. Tm P ki n who proved to me on the basis of satisfactory evidence to be the rson(,s?whose name( (Ar subscribed to the within instrument and acknowledged to me thatthGth6y executed the same in VW/their authorized capacity(iO), and that by Wr/thiiir signature(s'on the instrument the I, person)or the entity upon behalf of which the person(yf 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. HUE A.TOMPKINS ComrMission*2107918 le Notary Public-California v 1111) (Seal) - 'fl'1 sm suis Obispo County Cmm:E eg Ma 5,2019 Description of Attached Document Title or Type of Document: Deed op ConServed-I'm &seinen t Document Date: Hord 27, 20 17 ACKNOWLEDGMENT • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO ) On 4/Ora S o (date),before /�/ j /O ,Notary Public, personally appeared / p her-7' me, r7 ,vi..f 4//�J , who proved to me on the basis of satisfactory evidence to be the person whose names isAara subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/hethheir authorized capacity(4e , and that by his/he ithcrr signatureS on the instrument the person or the entity upon behalf of which the personS.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. KITTY NORTON !�s Commission•20998011 • Notary Public-California (Seal) V.:::/ San Luis Obispo Cour► MI Conan.t.xliros Mar 9,`2019 Description of Attached Document 1 Title or Type of Document: 2)G e G C44,7 leseVet 7% 3«491 Document Date: frila✓ _ a- 7/ of o/7 END OF DOCUMENT