_____________________________________________________________________________________________________________________________
RECORDING REQUESTED BY:
THE CITY OF SAN DIEGO
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SAN DIEGO
MAIL STATION 2A
Originating Dept – DSD/LDR – M.S. 501
(THIS SPACE FOR RECORDER’S USE ONLY)
GRANT DEED - CONSERVATION EASEMENT
J.O. NO: ______________________ ASSESSOR’S PARCEL NO: _____________________________
PTS NO: ______________________ DWG NO: ______________________
NO DOCUMENT TAX DUE NO FEE FOR GOVT. AGENCY
R & T CODE 11922 GOVERNMENT CODE 27383
For valuable consideration, receipt of which is hereby acknowledged, ___________________________________________________________________
HEREBY GRANT(S) to the City of San Diego, a municipal corporation, in the County of San Diego, State of California, a permanent easement for
conservation purposes, together with the right of ingress and egress, over, under, along and across all that real property situated in the City of San Diego,
County of San Diego, State of California, described as follows:
See exhibit “A” attached hereto and exhibit “B” attached for illustration purposes
THIS CONSERVATION EASEMENT DEED is made with reference to the following facts:
R E C I T A L S
A. Grantor is the sole owner in fee simple of certain real property in the City of San Diego, County of San Diego, State of California,
which is more particularly described in exhibit “A” attached hereto and incorporates by this reference (The “Property”);
B. The Property possesses wildlife and habitat values of importance to the Grantee as well as the State of California, and the United
States;
C. Grantor has applied to the CITY OF SAN DIEGO and has been granted the right to develop a project in conformance with the
following discretionary land use entitlements issued by the CITY OF SAN DIEGO: Permit No. _____________________;
D. In connection with development of the Property, Grantor desires to obtain benefits associated with utilizing permits issued to the
CITY OF SAN DIEGO by the United States Fish and Wildlife Service and the California Department of Fish and Game in connection with the Multiple Species
Conservation Plan (MSCP) and therefore has agreed to design and implement development of the property in conformance with the MSCP;
E. Development of the Property requires mitigation for impacts to sensitive habitats as further described in environmental document,
No. _____________________ . The lands within the Property provide for compensatory mitigation for these impacts.
F. This Conservation Easement 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 easement;
G. When the Property contains sensitive biological resources this Conservation Easement shall be enforceable by the City, or
jointly and severally by the City, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game.
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COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including
Government Code Section 65870, et seq., Grantor hereby voluntarily conveys to Grantee a Conservation Easement in perpetuity over the Property.
1. Purpose. The purpose of this Conservation Easement is to ensure the Property will be retained forever in a natural condition
and to prevent any development of the Property deemed to be environmentally sensitive lands or containing sensitive biological resources. Grantor intends
that this Conservation Easement will confine the use of the Property to such activities, including without limitation, those involving the preservation of
environmentally sensitive lands in a manner consistent with the purpose of this Conservation Easement.
2. Grantee's Rights. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the
following rights to Grantee by this Conservation Easement:
(a) To preserve and protect the environmentally sensitive lands and/or sensitive biological resources of the Property;
(b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and to otherwise
enforce the terms of this Conservation Easement and for scientific research and interpretive purposes by Grantee or its designees, provided that Grantee shall
first notify and obtain consent from Grantor, which consent is not to be unreasonably withheld, and further provided that 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 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 this Conservation Easement at Grantor’s sole expense;
(d) All mineral, air and water rights necessary to protect and to sustain the environmentally sensitive nature and sensitive
biological resources of the Property; and
(e) All present and future development rights.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Conservation Easement is
prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and third parties, are expressly prohibited:
(a) Un-seasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection
activities and any and all other uses which may adversely affect the purposes of this Conservation Easement;
(b) Use of off-road vehicles;
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Erecting of any building, billboard, sign;
(e) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material;
(f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material;
(g) Otherwise altering the general topography of the Property, including building of roads;
(h) 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, or (3) prevention or treatment of disease.
4. Grantor's Duties. Grantor shall record this Conservation Easement against title to the Property with the County of San Diego
and execute the Conservation easement in favor of the City of San Diego. In addition, Grantor shall undertake all reasonable actions to prevent the unlawful
entry and trespass by persons whose activities may degrade or harm the environmentally sensitive nature of the Property.
5. Reserved Rights. Grantor 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 Easement.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation easement or that a
violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation. If Grantor fails to cure
the violation within thirty (30) calendar days after receipt of said written notice and demand from Grantee, or said cure reasonably requires more than thirty(30)
calendar days to complete and Grantor fails to begin the cure within the thirty (30) calendar day period or fails to continue diligently to complete the cure,
Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation
Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the
violation, ex parte 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 Grantor's liability therefore, Grantee may apply any damages recovered to the cost of undertaking any corrective
action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the environmentally
sensitive nature of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period
provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement.
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 section, 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 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 Government Code Section 65870, et seq., inclusive.
If at any time in the future Grantor or any subsequent transferee uses or threatens to use, such lands deemed to contain sensitive biological resources or lands
that have been accepted as mitigation, for purposes inconsistent with this Conservation Easement, notwithstanding Government Code Section 65875, the City,
the U.S. Fish and Wildlife Service, and the California Department of Fish and Game jointly and severally have standing as interested parties in any proceeding.
6.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against
Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this Conservation easement shall be borne by Grantor.
6.2 Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee 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 term of this
Conservation easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any
other term of this Conservation Easement 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 Grantor shall impair such right or remedy or be construed as a waiver.
6.3 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 to prevent, abate, or mitigate
significant injury to the Property resulting from such causes.
6.4 Department of Fish and Game Right of Enforcement. All rights and remedies conveyed to Grantee under this
Conservation Easement Deed shall extend to and are enforceable by the California Department of Fish and Game when the Property either (1) contains
sensitive biological resources, or (2) is land that has been accepted as mitigation.
6.5 U.S. Fish and Wildlife Service Right of Enforcement. All rights and remedies conveyed to Grantee under this
Conservation Easement Deed shall extend to and are enforceable by the U.S. Fish and Wildlife Service when the Property either (1) contains sensitive
biological resources, or (2) is land that has been accepted as mitigation.
7. Access. This Conservation Easement does not convey a general right of access to the public.
8. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the
ownership, operation, upkeep, and maintenance of the Property.
8.1 Taxes. Grantor 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
Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
8.2 Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its, directors, officers, employees,
agents, contractors, and representatives (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 from or in any way connected with: (1) injury
to or the death of any person, or physical damages 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 negligence of any of the Indemnified Parties; (2) the obligations specified in Sections 4, 8, and 8.1;
and (3) the existence or administration of this Conservation easement.
9. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal
instrument by which Grantor 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 intent to transfer of any interest at least fifteen (15) days prior to the date of such transfer. Grantee shall have
the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions
and restrictions of this Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this
Conservation Easement or limit its enforceability in any way.
10. 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 Grantor: ___________________________________________________
___________________________________________________
___________________________________________________
To Grantee: City of San Diego
Mayor
202 C Street
San Diego, CA 92101
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.
11. Release of Covenant. A hearing shall be held to consider any formal, written request directed to the City by any person
requesting the release of this Conservation Easement, whether or not that person has title to the real property involved. The City shall record the release of
this Conservation easement when it is determined that the restriction ensured by the Conservation easement is no longer necessary to achieve the land use
goals of the City. In any instance where the Conservation Easement concerns sensitive biological resources, a determination by the City to release the
Conservation Easement may be made only with the written concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game.
12. Amendment. This Conservation Easement may be amended by Grantor and Grantee by mutual written agreement and where
the Conservation Easement concerns sensitive biological resources, with the written concurrence of the U.S. Fish and Wildlife Service and the California
Department of Fish and Game. Any such amendment shall be consistent with the purpose of this Conservation Easement and, except as provided in Section
11, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California.
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13. General Provisions.
(a) Controlling Law. The interpretation and performance of this Conservation 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 Conservation Easement
shall be liberally construed in favor of the deed to affect the purpose of this Conservation Easement and the policy and purpose of Government Code Section
65870, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that
would render the provision valid shall be favored over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation
Easement Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to
other persons or circumstances.
(d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation
easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation
of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 12.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.
(f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement Deed 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.
(g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement terminate
upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer.
(h) 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.
(i) 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.
IN WITNESS WHEREOF, Grantor and Grantee have entered into this Covenant of Easement the day and year first above written.
Date: ___________________________________
Grantor: (type or print)
________________________________________________
By: (signature)__________________________________________________
(type or print name)
This is to certify that the interest in real property conveyed by this instrument to the City of San Diego, a municipal corporation, is hereby accepted by the
undersigned officer on behalf of the City of San Diego, pursuant to authority conferred by the Municipal Code, and the grantee consents to recordation thereof
by its duly authorized officer.
Date: ___________________________________
For City Engineer
By: _________________________________________________
NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.
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