HomeMy WebLinkAbout2003-119703..~
RECORDATION REQUESTED BY
AND WHEN RECORDED MAIL TO:
JULIE RODEWALD
San Luis Obispo County- Clerk/Recorder
flecordetl at the request of
VitalCheck Network
Mr. Steve Adams
City Manager
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
APN 007-770-059
Sfl
10/14/2003
8:18 AM
rifle:: 1 Pages: 14
Fees 48.00
Taxes 0.00
Others 0.00
PAID $40.00
For Recorder's Use Only
DECLARATION OF CONSERVATION COVENANT
This DECLARATION OF CONSERVATION COVENANT (hereinafter
the "Conservation Covenant" is made this ~ day of /YlEltf , 2003 by and between
the City of Arroyo Grande (herein after "Declazant"), the United States of America,
acting by and through the U.S. Army Corps of Engineers ("ACOE"), and Mr. Russ
Sheppel.
RECITALS
A. Declarant is the sole owner in fee simple of certain real property in the
County of San. Luis Obispo, State of California, designated as Assessor's Parcel No. 077-
770-059, and as Lot 14 of Parcel Map AG 79-840 according to map recorded in Book 29,
Page 79 of Parcel Maps in the Office of the County Recorder at said County (the "Real
Property").
B. The conservation easement applies to a smaller azea within the Real
Property; this smaller azea, approximately 0.18 acre in size, is more particularly described
in Exhibit "A" (legal description with boundary map) attached hereto and incorporated
herein by this reference (the "Property").
C. The Property possesses wildlife and habitat values of importance to the
public and the City of Arroyo Grande, and which aze in furtherance of the goals, policies
and regulations promulgated or enforced by the ACOE.
D. The Conservation Covenant provides compensatory mitigation for impacts
to "waters of the United States" and is granted to satisfy the requirements of the Section
404 permit No. 200100656-LM ("Section 404 Permit") issued by the ACOE pursuant to
its authority under the federal Clean Water Act (33 U.S.C. §1344). The Section 404
Permit was issued to Mr. Russ Sheppel on August 22, 2002, and authorizes impacts to
0.09 acre of waters of the United States associated with the development of the Oak Park
Health Plaza. A Special Condition of the Section 404 Permit requires Mr. Russ Sheppel
provide for the permanent conservation of 0.18-acre of land to compensate for the
aforementioned impact to waters of the United States.
coca: 2003119703
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E. The City of Arroyo Grande on April 10, 2001 prepared an Initial
Study/Mitigated Negative Declaration for the Oak Park Health Plaza project (Conditional
Use Permit Case no. 01-005 and Lot Line Adjustment 01-001).
F. Declarant and the ACOE intend the Conservation Values of the Property
be maintained by this Conservation Covenant in order to retain and enhance the
Conservation Values in perpetuity.
G. This Conservation Covenant shall impart notice to all persons to the extent
afforded by the recording laws of the State of California regarding the restrictions
affecting use of the environmentally sensitive lands preserved by this Conservation
Covenant.
H. This Conservation Covenant, for all of the reasons more specifically set
forth herein, is intended specifically to benefit Declarant, Russ Sheppel, and the ACOE,
and the provisions hereof may be enforced by Declarant, Russ Sheppel, or by the ACOE,
at their sole discretion, together or separately, as a real property covenant established in
furtherance of the "Special Conditions" of Section 404 Permit issued by the Corps.
COVENANTS TERMS. CONDITIONS AND RESTRICTIONS
NOW, THEREFORE, in consideration of the above recitals and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Declarant hereby imposes upon the Property all of the following covenants and
restrictions which are for the express purpose of benefiting and burdening the Property,
protecting the interests of Declarant, Russ Sheppel, the ACOE, and for effectuating the
purposes set forth above, including compliance with the terms of the aforesaid Section
404 Permit.
The terms and provisions hereof shall run with the land and shall be binding upon
Declarant and Mr. Russ Sheppel, and their heirs, successors, administrators, assigns,
lessees, and other occupiers or users of the Property or any portion of it.
The parties agree as follows:
Purpose.
(a) The purpose of this Conservation Covenant is to ensure the Property will be
retained in perpetuity in a natural condition, defined below, and to prevent any use of the
Property that will impair or interfere with the Conservation Values of the Property.
Declarant intends that this Conservation Covenenat will confine the use of the Property to
such activities, including without limitation, those involving the preservation and
enhancement of native species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Covenant.
(b) The term "natural condition" shall mean the condition of the Property at the
time of this grant. However, the intent of the Declarant and ACOE is that certain
mitigation activities, as required by the Section 404 Permit, and described in the
Mitigation Plan dated August 2002 should occur on the Property. The term "natural
condition" shall be modified once the Mitigation Plan has been fully and successfully
implemented to reflect its successful implementation. Declarant certifies there are no
structures, improvements, and easements existing on the Property at the time of this
grant. The previous Slope and Drainage Easement granted in favor of the City of Arroyo
Grande via an instrument recorded in the Official Records of San Luis Obispo County
Recorder's Office as Document 7923 on February 27, 1980 extinguished under the
doctrine of merger when the City of Arroyo Grande (Declarant) became owner of the
property in fee simple on Apri126,1991. The natural condition is evidenced by a
surveyed plat of the Property showing all relevant property lines, easements, dedications,
boundaries and major, distinct natural features such as waters of the United States.
Declarant has delivered further evidence of the "natural condition" to ACOE consisting
of. (1) an aerial photograph of the protected property at an appropriate scale taken close
in time to the date the grant is made; (2) on-site photographs showing all man-made
improvements or structures, and all major natural features.
2. Rights and Duties.
(a) Declarant's obligations:
(i) To accomplish the Purpose of this Conservation Covenant as
described in Section 1, Declarant hereby grants to Russ Sheppel the right to enter upon
the Property at reasonable times in order to carryout mitigation responsibilities under the
Section 404 Permit, provided Mr. Russ Sheppel or his designee in entering the Property
shall not unreasonably interfere with authorized uses or quiet enjoyment thereof.
(ii) To accomplish the Purposes of this Conservation Covenant,
Declarant hereby grants to the ACOE the following rights, but without obligation of the
ACOE:
(1) To preserve and protect the Conservation Values of the
Property;
(2) To enter upon the Property at reasonable times, with a 24-
hour advance notice to the Declarant in order to monitor compliance with and to otherwise
enforce the terms of this Conservation Covenant, and for scientific research and
interpretive purposes by the ACOE or its designees, provided that the ACOE in entering
onto the Property shall not unreasonably interfere with authorized uses or quiet enjoyment
thereof. In the event of an emergency or if there is a current violation of this Conservation
Covenant, no prior notice is required in order for the ACOE to enter upon the property.
(3) To prevent any activity on or use of the Property that is
inconsistent with the Purposes of this Conservation Easement and to require the
restoration of such areas or features of the Property that may be damaged by any act,
failure to act, or any use that is inconsistent with the purposes of hereof;
(iii) To prevent any activity on or use of the Property that is
inconsistent with the "Purpose" of this Conservation Covenant and to require the
restoration of such areas or features of the Property that may be damaged by any act,
failure to act, or any use that is inconsistent with the purposes of hereof; and
(iv) To preserve and protect the Conservation Values of the Property;
and
(v) To undertake all seasonable actions to prevent the unlawful entry
and trespass by persons whose activities may degrade or harm the Conservation Values
of the Property; and
(vi) To relinquish all present and future development rights, except for
making the land available for restoration and mitigation as set forth in this Conservation
Covenant; and
(vii) To comply with the terms of this Conservation Covenant; and
(viii) To repair and restore damage to the Property directly caused by
Declarant, Declarant's guests, representatives or agents, or third parties; and
(ix) To maintain signs posted identifying the Conservation Covenant
area pursuant to Section 8; and
(x) To perform routine compliance inspections of the Property and
make reports available to the Corps if requested.
(b) Obligation's of Russ Sheppel:
(i) To preserve and retain the Property for its Conservation Values;
and
(ii) To comply with all conditions of the Section 404 Permit and
Declarant's Conditional Use Permit, copies of which are attached hereto as Exhibit "B"
and incorporated herein by this reference; and
(iii) To comply with the terms of this Conservation Covenant; and
(iv) To undertake maintenance and monitoring of mitigated areas
pursuant to the approved Mitigation Plan until deemed successful by the Corps.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purposes of this Declaration is prohibited. Without limiting the generality of the
foregoing, the following uses by Declarant, Russ Sheppel, Declarant's agents, Russ
Sheppel's agents, and third parties, are expressly prohibited:
(a) Unseasonal watering, use of herbicides, pesticides, biocides, fertilizers,
or other agricultural chemicals; weed abatement activities, incompatible fire protection
`.
activities; and any and all other activities and uses which may adversely affect the
purposes of this Conservation Covenant.
(b) Use of off-road vehicles and use of any other motorized vehicles
except on existing roadways;
(c) Grazing or other agricultural activity of any kind;
(d) Recreational activities including, but not limited to, horseback riding,
biking, hunting or fishing, except as may be specifically permitted under this covenant;
Commercial or industrial uses;
(f) Any legal or de facto division, subdivision or portioning of the Property,
except transfers in accordance with Section 13 below;
(g) Construction, reconstruction or placement of any building or other
improvement, billboard, or sign;
(h) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids
or any other material;
(i) Planting, introduction or dispersal of non-native or exotic plant or animal
species;
(j) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other
material on or below the surface of the Property;
(k) Altering the general topography of the Property, including but not limited
to building of roads and flood control work;
(1) Removing, destroying, or cutting of trees, shrubs or other vegetation,
except as required by law for (1) fire breaks, (2) maintenance of existing foot trails or
roads, (3) prevention or treatment of disease, or (4) required mitigation programs;
(m) Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Property, and activities or uses detrimental to water
quality, including but not limited to degradation or pollution of any surface or sub-surface
waters.
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4. Reserved Rights. Declarant reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Property,
including the right to engage in or to permit or invite others to engage in all uses of the
Property that are consistent with the purposes of this Conservation Covenant, including
the following uses:
(b) Access. Reasonable access through the Property to adjacent land over
existing roads, or to perform obligations provided for by this Conservation Covenant.
(c) Habitat Enhancement Activities. The right to restore native plant
communities including the right to plant trees and shrubs of the same type as currently
existing on the Property, so long as such activities are consistent with the Mitigation Plan
to the extent the planting takes place in areas covered by the Mitigation Plan, and so long
as such activities do not harm the habitat types identified in the Section 404 Permit.
5. Remedies of the ACOE.
(a) If the ACOE determines that Declarant, Russ Sheppel or its agents,
contractors, invitees are in violation of the terms of this Conservation Covenant or that a
violation is threatened, the ACOE may give written notice to Declarant and Russ Sheppel
of such violation and demand in writing the cure of such violation. If Declarant or Russ
Sheppel fails to cure the violation within fifteen (15) days after receipt of said written
notice and demand, or said cure reasonably requires more than fifteen (15) days to
complete and Declarant or Russ Sheppel fails to begin the cure within the fifteen (15) day
period or fails to continue diligently to complete the cure, the ACOE may bring an action
at law or in equity in a court of competent jurisdiction to enforce compliance with the
terms of this Conservation Covenant, to recover any damages to which ACOE may be
entitled for violation by Declarant or Russ Sheppel of the terms of this Conservation
Covenant or for any injury to the conservation values of the Property, to enjoin the
violation, ex pane as necessary, by temporary or permanent injunction without the
necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies, or for other equitable relief, including, but not limited to, the restoration of the
Property to the condition in which it existed prior to any such violation or injury.
Without limiting Declarant's or Russ Sheppel's liability therefore, the ACOE may apply
any damages recovered to the cost of undertaking any corrective action on the Property.
(b) If ACOE, in its sole discretion, determines that circumstances require
immediate action to prevent or mitigate significant damage to the Conservation Values of
the Property, ACOE may pursue its remedies under this paragraph without prior notice to
Declarant or Russ Sheppel, or without waiting for the period provided for cure to expire.
ACOE's rights under this paragraph apply equally to actual or threatened violations of
the terms of this Declaration. Declarant and Russ Sheppel agree the ACOE's remedies at
law for any violation of the terms of this Declaration are inadequate and that ACOE shall
be entitled to the injunctive relief described in this section, both prohibitive and
mandatory, in addition to such other relief to which ACOE maybe entitled, including
specific performance of the terms of this Declaration. ACOE's remedies described in this
section shall be cumulative and shall be in addition to all remedies now or hereafter
existing at law or in equity, including but not limited to, the remedies set forth in
California Civil Code Section 815, et seq., inclusive.
(c) If at any time in the future Declarant or Russ Sheppel, or any subsequent
transferee uses or threatens to use such lands for purposes inconsistent with this
Declaration, notwithstanding California Civil Code Section 815.7, the California
Attorney General, and/or the Department of Justice have standing to enforce this
Declaration.
(d) Any costs incurred by ACOE in enforcing the terms of this Declaration
against Declarant and/or Russ Sheppel, including, but not limited to, costs of suit and
attorneys' and experts' fees, and any costs of restoration necessitated by Declarant's
and/or Russ Sheppel's negligence or breach of this Declaration shall be borne by
Declarant and/or Russ Sheppel.
(e) Enforcement of the terms of this Declaration shall be at the discretion of
the ACOE, and any forbearance by ACOE to exercise its rights under this Declaration in
the event of any breach of any term of the Declaration shall not be construed to be a
waiver by ACOE of such terms or of any subsequent breach of the same or any other
term of this Declaration or of any of ACOE's rights under this Declaration. No delay or
omission by ACOE in the exercise of any right or remedy upon any breach by Declarant
and/or Russ Sheppel shall impair such right or remedy or be construed as a waiver.
Further, nothing in this Declaration creates non-discretionary duty upon the ACOE to
enforce its provisions, nor shall deviation from these terms and procedures, or failure to
enforce its provisions give rise to a private right of action against ACOE by any third
parties.
(f) Nothing contained in this Declaration shall be construed to entitle ACOE
to bring any action against Declarant or Russ Sheppel for any injury to or change in the
Property resulting from (i) any natural cause beyond Declarant's or Russ Sheppel's
control, including without limitation, fire not caused by Declarant or Russ Sheppel, flood.
storm, and earth movement, or from any prudent action taken by Declarant or Russ
Sheppel under emergency conditions to prevent, abate, or mitigate significant injury to
the Property resulting from such causes; (ii) acts by Declarant or Russ Sheppel, or its
employees, or (iii) acts of third parties beyond the control of Declarant or Russ Sheppel.
Notwithstanding the foregoing, even actions undertaken during emergency conditions
must receive prior authorization from the Department of Army (through expedited
procedures, if appropriate) if the action involves discharge of dredged or fill material into
jurisdictional "waters of the United States."
(g) Despite any contrary provision of this Conservation Covenant, all rights
and remedies conveyed to ACOE under this Declaration shall extend to and are
enforceable by the Corps, the U.S. Department of Justice, and the California Attorney
General. These rights are in addition to, and do not limit, the rights of enforcement under
the Section 404 Permit.
6. Access. This Declaration does not convey a general right of access to the public.
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7. Costs and Liabilities. Declarant retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance
of the Property. Declarant agrees the ACOE shall have no duty or responsibility for the
operation and maintenance of the Property, the monitoring of hazardous conditions
thereon, or the protection of Declarant, the public or any third parties from risks relating
to conditions on the Property. Declarant remains solely responsible for obtaining any
applicable governmental permits and approvals for any activity or use permitted by this
Conservation Covenant, and any activity or use shall be undertaken in accordance with
all applicable federal, state, local and administrative agency statutes, ordinances, rules,
regulations, orders and requirements.
8. Installation and Maintenance of SienaQe. Declarant shall post and maintain
appropriate signage identifying the Property subject to this Conservation Covenant. Such
signage shall be subject to the prior written approval of the ACOE, which shall not be
unreasonably withheld.
9. Long-Term Maintenance. Prior to successful completion of compensatory
mitigation requirements by Russ Sheppel, Declarant shall not be obligated to monitor and
maintain the mitigated area. However, upon successful completion of the compensatory
mitigation requirements as determined by the Corps, Declarant shall undertake ongoing,
long-term maintenance of such area.
10. Taxes. Declarant shall pay before delinquency 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 Declaration, and shall furnish ACOE with satisfactory evidence of payment upon
request.
11. Condemnation. The purposes of the Property for conservation purposes are
presumed to be the best and most necessary public use as defined at California Civil
Procedure Code Section 1240.680 notwithstanding California Civil Procedure Code
Sections 1240.690 and 1240.700.
12. Hold Harmless. Declarant and Russ Sheppel shall hold harmless, protect and
indemnify ACOE and its directors, officers, employees, agents, contractors, and
representatives and the heirs, personal representatives, successors and assigns of each of
them (each an "Indemnified Partv" and, collectively, "Indemnified Parties") from and
against any and all liabilities, penalties, costs, losses, damages, expenses (including,
without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims,
demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising
from 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, regardless of cause, unless due solely to
the negligence of ACOE or any of its employees; (2) breach of the obligations specified
in Sections 2, 7, and 10; and (3) the existence or administration of this Conservation
Covenant, except to the extent caused by ACOE's negligence or willful misconduct. If
._, ..
any action or proceeding is brought against any of the Indemnified Parties by reason of
any such Claim, Declarant and Russ Sheppel shall, at the election of and upon written
notice from ACOE, defend such action or proceeding by counsel reasonably acceptable
to the Indemnified Party or reimburse ACOE for all charges incurred for services of the
Attorney General in defending the action or proceeding.
13. Subsequent Transfers. Declarant and Russ Sheppel agree to incorporate the terms
of this Declaration in any deed or other legal instrument by which Declarant or Russ
Sheppel divests itself of any interest in all or a portion of the Property, including, without
limitation, a leasehold interest. Declarant and Russ Sheppel further agree to give written
notice to ACOE of the intent to transfer of any interest at least fifteen (15) days prior to
the date of such transfer. The failure of Declarant or Russ Sheppel to perform any act
provided in this section shall not impair the validity of this Declaration or limit its
enforceability in any way.
14. 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 be served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Covenantor:
Mr. Steve Adams
City Manager
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
To Russ Sheppel:
With a copy to ACOE:
930 Camille Lane
Alamo, CA 94507-2416
U.S. Army Corps of Engineers
District Counsel
U.S. Army Corps of Engineers
911 Wilshire Blvd, Room 1535
Los Angeles, CA 90017-3401
or to such other address as either party shall designate by written notice to the other.
Notice shall be deemed effective upon delivery in the case of personal delivery or, in the
case of delivery by first class mail, five (5) days after deposit into the United States mail.
15. Amendment. Declarant and Russ Sheppel may amend this Declaration only after
written concurrence by ACOE. Any such amendment shall be consistent with the
purposes of this Declaration shall not affect its perpetual duration. Any such amendment
shall be recorded in the official records of San Luis Obispo County, State of California.
16. Additional Easements. Declarant shall not grant any additional easements, rights
of way or other interests in the Property (other than a security interest that is subordinate
to this Conservation Covenant), or grant or otherwise abandon or relinquish any water
agreement relating to the Property, without first obtaining the written consent of ACOE.
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ACOE may withhold such consent if it determines that the proposed interest or transfer is
inconsistent with the purposes of this Conservation Covenant or will impair or interfere
with the conservation values of the Property. This Section shall not prohibit transfer of a
fee or leasehold interest in the Property that is subject to this Conservation Covenant and
complies with Section 13.
17. Recordation. Grantor shall promptly record this instrument in the official records
of San Luis Obispo County, California, and may re-record this instrument at any time as
may be required to preserve its right in the grant.
18. Controlling Law. The laws of the State of California shall govern the
interpretation and performance of this Declaration.
19. Liberal Construction. Any general rule of constrvation to the contrary
notwithstanding, this Declaration shall be liberally construed in favor of the deed to effect
the purpose of this Declaration and the policy and purpose California Civil Code
Section 815, et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purposes of this Declaration that would render the
provision valid shall be favored over any interpretation that would render it invalid.
20. Severability. If a court of competent jurisdiction voids or invalidates on its face
any provision of this Declaration, such action shall not affect the remainder of this
Declaration. If a court of competent jurisdiction voids or invalidates the application of
any provision of this Declaration to a person or circumstance, such action shall not affect
the application of the provision to other persons or circumstances.
21. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Declaration and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Declaration. No alteration or variation of
this instrument shall be valid or binding unless contained in an amendment in accordance
with Section 15.
22. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Declarant's title in any respect.
23. Successors. The covenants, terms, conditions, and restrictions of this Declaration
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 in perpetuity with the Property.
24. Termination of Riehts and Obli ations. A party's rights and obligations under
this Declaration terminate upon transfer of the party's interest in the Declaration or
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
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25. 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.
26. No Hazardous Materials Liability. Declarant represents and warrants that it has
no knowledge of any release or threatened release of Hazardous Materials (defined
below) in, on, under, about or affecting the Property. Despite any contrary provision of
this Conservation Covenant, the parties do not intend this Conservation Covenant to be,
and this Conservation Covenant shall not be, construed such that it creates in or gives
ACOE any ofthe following:
(1) The obligations or liabilities of an "owner" or "operator," as those terms
are defined and used in Environmental Laws (defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C. Section
9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right to investigate and remediate any Hazardous Materials associated
with the Property; or
(5) Any control over Declarant's ability to investigate, remove, remediate or
otherwise clean up any Hazardous Materials associated with the Property.
(c) The term "Hazardous Materials" includes, without limitation, (a) material
that is flammable, explosive or radioactive; (b) petroleum products, including by-
products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous
or toxic substances, or related materials defined in CERCLA, the Hazardous Materials
Transportation Act (49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law
(California Health & Safety Code Section 25100 et seq.); the Hazardous Substance
Account Act (California Health & Safety Code Section 25300 et seq.), and in the
regulations adopted and publications promulgated pursuant to them, or any other
applicable federal, state or local laws, ordinances, rules, regulations or orders now in
effect or enacted after the date of this Conservation Covenant.
(d) The term "Environmental Laws" includes, without limitation, any federal,
state, local or administrative agency statute, ordinance, rule, regulation, order or
requirement relating to pollution, protection of human health or safety, the environment
or Hazardous Materials. Declarant represents, warrants and covenants to ACOE that
Declarant's activities upon and use of the Property will comply with all Environmental
Laws.
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27. Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all 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.
]N WITNESS WHEREOF the Parties have executed this Declaration the day and
year first above written.
Dated: May ~/ 2003 Mr. Steve Adams
City Manager
City of Arroyo Grande
By:
TSteve Adams
Dated: May ~ 2003 Mr. Russ Sheppel
By:
Mr. Russ Sheppel
Dated: May ~Ol 2003 United States Corps of Engineers
Regulatory Branch Chief
By: Z 1
(Exhibits attached)
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5/8/03 JEP
EXHIBIT "A"
LEGAL DESCRIPTION
For
CONSERVATION EASEMENT
That portion of Lot 14 of Pazcel Map No. AG 79-840 in the City of Arroyo Grande,
County of San Luis Obispo, State of California per map recorded in Book 29, Page 79 of
Pazcel Maps in the office of the County Recorder of said County, being more particulazly
described as follows:
Beginning at a point on a line, pazallel with and distant southeasterly 10.00 feet,
measured at right angles from the southeasterly line of Pazcel A of Parcel Map No.
AG 79-838 per map recorded January 29, 1982 in Book 31, Page 47 of Pazcel Maps
in the office of said County Recorder, from which the northeast comer of said Pazcel
A bears N26°16'49"W 13.78 feet; thence along said pazallel line S20°14'14"W
425.40 feet; thence S72°50'20"E 22.03 feet; thence N20°14'14"E 337.99 feet; thence
N02°29'01"W 28.92 feet; thence N09°55'42"E 60.52 feet to the point of beginning.
Containing 0.188 acres, more or less.
SAND
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* Exa. e/so/oe
J` NO. 4587 Q'
9TF OF CPL\E~~~\
Legal Description prepared by or under the
supervision of:
David A. Laverty
L.S. 4587 Lic. Exp. 9/30/06
Page 1 of 1
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