HomeMy WebLinkAbout2003-098780�
JULIE RODEW{'�_
San Luis Obispo Co Clerk/Recorder
Hecorded at the request of
Public
8R
8/29/2003
9:10 AM
RECORDING REQUESTED BY:
City of Arroyo Grande
WHEN RECORDED RETURN TO
City of Arroyo Grande
P.O. Box 550
Arroyo Grande CA 93421
�oc�: 2003098780
DEED OF CONSERVATION EASEMENT
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Taxes
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PAID
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TH1S GRANT DEED OF CONSERVATION EASEbiENT is made this 26` day of August
2003, by the CITY OF ARROYO GRANDE, a political subdivision of the State of California„
having an address at 215 E. Branch Street, Arroyo Grande, CA 93420 (Grantor"), in favor of
LUCIA MAR LJNIFIED SCHOOL DISTRICT, a political subdivision of ttte State of Califomia
having an address at 602 Orchard Street, Arroyo Grande, CA 93420 ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in San Luis Obispo
County, California, more particulazly described in Exhibit A attached hereto and incorporated
herein by this reference (the "Property"): and
WHEREAS, Certain portions of the property possess natural, scenic, and open space values
(collectively, "conservation values") of great importance to Grantor, the people of the City of
Arroyo Grande, the people of San Luis Obispo County and the people of the State of California;
and
WHEREAS, Airoyo Grande Creek is an important part of the coastal ecosystem and as such
provides important habitat for a variety of birds, fishes, plants, and both marine and terrestrial
mammals; and
WHEREAS, the specific conservation values of the Property are documented in an inventory of
relevant features of the Property, dated February, 2002 and on file at the of�ices of Grantee and
incorporated by this reference (`Baseline Documentation"), which consists of reports, maps,
photographs, and other documentation that the parties agree provide, collectively, an accurate
representation of the Proper[y 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 preventing incompatible uses as defined herein and permitting
compatible land uses, including passive scenic and open space and those activities relating to the
restoration of conservation values existing at the time of this grant; 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
Deed of Conservation Easemen�' �
WHEREAS, Grantee is a political subdivision of the State of Califomia, whose primary purpose
is education and may convey said Deed of Conservation Easement to a publicly supported, tax-
exempt nonprofit organization, qualified under Section 501(c)(3) and 170(h) of the Intemal
Revenue Code, whose primary purpose is the preservation, protection, or enhancement of land in
its natural, scenic, and/or open space condition; and
WHEREAS, Grantee agreed 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 for good and valuable consideration, the
sufficiency of which the Parties hereby acknowledge, and pursuant to the laws of California and
in particulaz Civil code Sections 815 et.seq., Grantor hereby voluntarily and freely grants and
conveys to the Grantee a conservation easement in gross in perpetuity over the Property of the
nature and chazacter and to the extent hereinafter set forth ("EasemenY').
1. Purpose. It is the purpose of this Easement to assure that the Property will be
retained forever in its current open space condition and to prevent any incompatible uses of the
Property that would significantly impair or interfere with the conservation values of the Property.
Grantor intends that this easement will confine the use of the Property to activities related to the
passive enjoyment of scenic open space, and the restoration of native vegetation and the removal
of exotic vegetation which is deemed to be consistent with the purpose of this Easement.
2. RiQhts to Grantee. To accomplish the purpose of this Easement, the following rights
aze conveyed to Grantee by this easement:
(a) To preserve and protect the conservation values of the Property.
(b) To enter upon the Property at reasonable times in order to monitor compliance
with 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;
(c) To prevent any activity on or use of the Properiy that is inconsistent with the
purpose of this Easement and to require the restoration of such azeas or features of the Property
that may be damaged by any inconsistent activity or use; and
(d) To enter upon the Property at reasonable times in order to undertake land
restoration activities; provided that the timing and access for the purpose of the restoration will
be scheduled with Grantor and Grantee shall give prior reasonable notice to Grantor, and Grantee
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property.
3. Prohibited Uses. This easement will confine the uses of the Property to only the
Acceptable Uses (as defined below), and all other uses of the Property aze strictly prohibited,
including but not limited to the following:
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Deed of Conservation Easemen�'
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(a) Subdivision of land — The subdivision, division, de facto subdivision, or
portioning of the Property for any purpose, except as may be required by court
order.
(b) New buildings — The construction of any new structures, permanent or
temporary, or the placement or storage of any construction material.
(c) Coverage of land — The coverage of land by asphalt, concrete, or other
material that does not constitute a natural cover for the land, except as
necessary for activities related to the purpose of this Easement, and access to
and maintenance related to the Acceptable uses.
(d) Alteration of the land surface - The alteration of the land surface through
grading, soil-filling or trenching, except as may be necessary for activities
related to the purpose of this Easement, and ac.cess to and maintenance related
to the Acceptable Uses.
(e) Signs — The construction or placement of any advertising signs ore billboazds
for commercials purposes.
(� Removal of vegetation — The cutting or removal of native trees, shrubs, or
other vegetation outside of azeas used for access, except as necessary for fire
protection, elimination of diseased growth, and restoration of native plant
communities and fisheries resources, education, or research purposes.
(g) Sedimentation — Any use that would cause, increase or substantially add to the
deposirion of sediment in or azound the riparian areas covered by this
Easement.
(h) Trash — The placement, collection, or storage of trash, human waste, ashes,
chemicals, hazardous or toxic substances, or any other unsightly material on
the Property.
4. Acceptable Uses. The use of the Property is strictly limited by this Easement to the
following uses (the "Acceptable Uses"):
(a) The passive enjoyment of scenic open space, and the enhancement of native
plan communities and fisheries resources through restoration activities
approved by the Grantee.
(b) The use of the Property for educational and reseazch activities.
(c) Such other uses as are permitted as exceptions to the Prohibited Uses listed
under Pazagraph 3, above and the activities described in Paragraph 5, below.
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Deed of Conservation Easemen[ '' �
5. Reserved Ri¢hts. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Property that aze not
expressly prohibited herein and aze not inconsistent with the purpose of ttus Easement, including
the right to engage in or permit or invite others to engage in uses of the Property. Without
limited the generality of the foregoing, the following rights aze expressly reserved:
(a) Activities related to passive open space use including education, research, and
nature watching.
(b) Activities related to natural resource restoration, including installation of
native plants, maintenance of native plants and removal of exotic plants.
(c) Activities necessary to prevent or repair an emergency that could be caused by
fire, landslide or other immediate threat to the Property, or to the health and/or
safety of persons, provided the prior written consent of Grantee is obtained by
Grantor, unless immediate action is required to conect the emergency
situation.
6. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement.
7. Costs and Liabilities. Grantee shall have all responsibility and shall beaz all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the maintenance of adequate comprehensive general liability insurance
coverage. Grantee shall keep the Property free of any liens arising out of any work performed
for, materials furnished to, or obligations incurred by Grantor.
8.1 Taxes. Grantee shall pay before delinquency all taxes, assessments, fees, and chazges
of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any ta�ces imposed upon, or incuned as a result of this
Easement, and shall furnish Grantor with satisfactory evidence of payment upon request.
8.2 Hold Harinless. Urantee shall hold harmless, inde.nnify, and defend Grantor and its
members, directors, officers, employees, agents, and contractors and the 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 attorneys' fees, arising
form or in any way connected with: (1) injury to or the death of any person, or physical damage
to any property, resulting from any act, omission, condition, or other matter related to or
occurring on or about the Property, regazdless of cause, unless due solely to the negligence of
any of the Indexnnified Parties; (2) the obligarions specified in Pazagraphs 8.0 and 8.1, above;
and (3) the existence or administration of this Easement.
9.0 Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, Grantee shall not be entitled to compensation in accordance with
applicable law under the valuation method.
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Deed of Conservation Easemeni' �
10. Assi�nment of Grantee's Interest. In the event the Grantee ceases to do business,
Grantee may transfer the Easement created by this grant deed only to an organization that, at the
time of transfer, is a"qualified organization" under Section 170(h) of the U.S. Internal Revenue
Code, the applicable regulations promulgated thereunder and under Section 815.3(a) of the Civil
Code of Califomia. In selecting an appropriate transferee entity, the criteria shall be to find a
qualified agency or organization with an open space conservation purpose, which has board,
staff, or consultants with practical natural resource management experience, and which agency or
organization expressly agrees to assume the responsibility imposed on the Grantee by this
Easement and such qualified agency shall be chosen over one which is not so qualified. If such
agency or organization cannot be found using reasonable efforts, or is not suitable for any
reason, then another qualified agency or organization which expressly agrees to assume the
responsibility imposed on the Grantee by this Easement may be selected. Grantor shall be
provided notice of any proposed transfer and information about proposed transferee(s).
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in
any deed or other legal instrument by which it divests itself 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.
12. Estoppel Certiticates. Upon request by Grantor, Crrantee shall wittrin riventy (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.
13. 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 Grantee: Lucia Maz Unified School District
Attn: Mike Seazs, Superintendent
602 Orchard Street
Arroyo Grande, CA 93420
To Grantor: City of Arroyo Grande
Attn: Mr. Steven Adams, City l�anager
214 E. Branch Street
Arroyo Grande, CA 93420
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Deed of Conservation Easement
or to such other address as either party from time to time shall designate by written notice to the
other.
14. Recordation. Grantee shall record trris 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.
15. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be
govemed by the laws of the State of Califomia.
(b) Liberal Construction. Any general rule of construction to the contrazy
notwithstanding, this Easement shall be liberally construed in favor of the grant to affect the
purpose of this Easement and the policy and purpose of Civil Code Sections 815 et seq. 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 patties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings,
or ageements relating to the Easement, all of which aze merged herein. No alteration or
variation of this instrument shall be valid or binding unless contained in a written amendment
signed by the Parties hereto.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(� Joint Obligation. The obligations imposed by this Easement upon Grantors shall
be joint and several.
(g) Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inwe to the benefit of, the Parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
(h) Termination of Rights and Obligations. A party's rights and obligations under
this Easement terminate upon transfer of the pazty's interest in the Easement or Property, except
that liability for acts or omissions occurring prior to transfer shall survive transfer.
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Deed of Conservation Easemen�
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(i) Captions. The captions in this instrument have been inserted solely for
convenience of reference and aze not a part of this instrument and shall have no effect upon
construction or interpretation.
(j) 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 instrmnent as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
(k) Subordination. Grantor shall cause any and all trust deed beneficiaries, mortgages
and other lienholders with respect to any part of the Property, which interests exist as of the date
that this Easement is recorded, to subordinate all such interest in the Property to all the terms and
restrictions of this Easement. All interest in the Property acquired aRer the effective date of this
Easement, including security interests of trust deed beneficiaries, mortgages and other
lienholders, shall be taken subject to all terms and restrictions ofthis Easement, and Grantor
shall give Grantee prior written notice of the attachxnent of such interest of the Property.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantors and Grantee have set their hands on the day and year first
written above.
Grantee
����� ��,, c / /� ��iu�1.v
/(�.,G
Mike Seazs
Superintendent ��,vuh Mar (J� S��o� I���n��'
Grantor
ev A$ams
City Manager � C,� � ��,-r�,,, G;•,,
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Deed of Conservation Easemeni'�
Exhibit A. Legal Description of Property Subject to Easement
Parcel 1:
�./
Pazcel A of Parcel Map No. AG-75-388 in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to Parcel Map recorded December 12, 1975 in book 18,
Page 75 of Pazcel Maps.
Pazce12:
Pazcel D of Parcel Map No. AG-77-01 in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to Pazcel Map recorded March 15, 1977 in Book 22, Page
57 of Parcel Maps.
Assessor's Pazcel No: 007,511,026
: � �
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Deed of Conservation Easement
STATE OF CALIFORNIA )
COLTNTY OF SAN LUIS OBISPO )
..�
On �L(G!.[ ST l� � 200 3 , before me, � G(J� DQ � , Notary
Public, personally appeazed MIKE SEARS, personally known to me or proved to be on the basis
of satisfactory evidence to be the person whose name is subscribed to the within inshvment and
acknowledged to me that she executed the same in her authorized capacity, and that by her
signature on the inshument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my h� and official seal.
Signature �� � .(� //�-�'�.12�
FOR NOTARY STAMP
w,...... . �n,..
KH.LY WETMORE
Commission 1k 12B9Zl�
,�, No�ary Public - COIIfOrtdO � � �
� San Lula Ohffpo Collnly -
AM�.anm.6�lras 1m94�D6
„
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On {�'LtCoC( ST / , before me, yc�c �c-c�Gt�Em"��� , Notary
Public, personally appeared STEVEN ADAMS, personally ltnown to me or proved to be on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he exccuted the same in his anthorized 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 han 1 and official seal. � { w��MORe
C'ommiss�on N 12897�
// � ^ ^ — 'r Notr�ry Public � COIIfdNO
Signature � ''-� � so� ua otispo Coumy
� ' �.fi � � " F�xes �ansu,ams
FOR NOTARY STAMP �' � ���
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GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
Name of Notary
�Tarr�e ofC6unty
Date Commission Expires �ah�av 3U ,zoc,5
Commission# ( z�q �q
Signature of
any) making
(firm name if
verification
Date q-,,��s� 29,zoo3
Location �, �,.;, Olo�s�,
(City)
State of California
END OF DOCUMENT