HomeMy WebLinkAbout; Standard Pacific Corp; 2003-1486875; EasementDOC # 2003-14815875
DEC 18s 2003 8=55 AM
OFFICIAL RECORDS SM DIEGO COUNTY RECORDER’S OFFICE
FEES: 0.00
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GREGORY J. SMITH, COLlNTY KECOHDER
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
y$. Cnrlsbad City Clerk’s Office
1200 Carlsbad Village Drive
Carlsbad CA 92008
Space Above Line for Recorder’s Use Only
CONSERVATION EASEMENT DEED
day of B[hbe/ ,2003, by STANDARD PACIFIC COW, A DELAWARE CORPORATION
(“Grantor”), in favor of THE CITY OF CARLSBAD, California (“Grantee”),
.b THIS CONSERVATION EASEMENT DEED is made this 5
RECITALS
A. Grantor is the sole owner in fee simple of certain portions of real property in the
County of San Diego, State of California, as described in Exhibit “A” attached hereto and
incorporated herein by this reference (the “Property”);
B. Grantee has adopted a Habitat Management Plan for the conservation, protection,
and management of fish, wildlife, native plants and the habitat necessary for biologically
sustainable populations of certain species thereof, and is authorized to hold easements for these
purposes pursuant to the provisions of California law;
C. Grantee has determined that the Property possesses wildlife and habitat values
(collectively, “conservation values”) which should be conserved, managed and protected;
D. Grantee has determined that the Property provides a high quality linkage to habitat
corridors identified in the City of Carlsbad’s Habitat Management Plan; and
E. Grantor voluntarily grants this Conservation Easement as a way of providing
mitigation for certain impacts of the Roesch Property subdivision located in the City of Carlsbad,
County of San Diego, State of California, which is part of the Shorepointe subdivision
(“Subdivision”), pursuant to the Mitigated Negative Declaration adopted by the City of Carlsbad for
the Roesch Property, by Planning Commission Resolution No. 4629, dated October 6,1999, and City
Council Resolution No. 99-501, dated November 16,1999, and the Mitigation Plan created thereunder.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and pursuant to California law, including Civil Code Section 815, et seq., Grantor
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235209.1 1 Conservation Easement Deed
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property.
1. PurDose. Grantor and Grantee acknowledge and agree that the purpose of this
Conservation Easement is to ensure the Property will be retained forever in a natural condition and
to prevent, subject to the rights retained by Grantor hereunder, any use of the Property that will
materially impair or interfere with the conservation values of the Property. Grantor intends that
this Conservation Easement will confine the use of the Property to activities consistent with such
purpose, 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 Easement.
2. Grantee’s Rights. To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee:
(a) To take such action as it deems necessary to preserve and protect the
conservation values of the Property;
(b) To enter upon the Property at reasonable times: (i) in order to monitor the
condition of the Property and to enforce the terms of this Conservation Easement, (ii) to conduct
scientific research and for interpretive purposes (which entry may be made by Grantee or its
designees), provided, however, that Grantee’s exercise of such rights shall not unreasonably
interfere with the Grantor’s exercise of the rights retained by Grantor hereunder;
(c) To take such action as it deems necessary 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;
(d) All mineral, air and water rights necessary to protect and to sustain the
biological resources of the Property; and
(e) All present and future development rights.
3. Prohibited Uses. Subject to the rights expressly retained by Grantor hereunder, 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, but subject to Grantor’s rights
hereunder, the following are expressly prohibited:
(a) Unseasonal watering; use of fertilizers, pesticides, biocides, herbicides 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
Easement;
(b) Use of off-road vehicles and use of any other motorized vehicles except on
existing roadways;
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235209. I 1 Conservation Easement Deed
(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 Conservation Easement;
(e) Commercial or industrial uses;
(f) Any legal or de facto division, subdivision or partitioning of the Property;
(g) Construction, reconstruction or placement of any building, billboard or sign,
or any other structure or improvement of any kind;
(h) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or
any other materials;
(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, soil, sands, gravel, rocks or other material on or
below the surface of the Property;
(k) building of roads;
Altering the surface or general topography of the Property, including
(l) Removing, destroying, or cutting of trees, shrubs or other vegetation, except
as required by law for (i) fire breaks, (ii) maintenance of existing foot trails or roads, or (iii)
prevention or treatment of disease; and
(m) Manipulating, impounding or altering any natural water course, 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.
4. Grantor’s Duties. Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the conservation
values of the Property. In addition, Grantor shall undertake all necessary actions to perfect
Grantee’s rights under Section 2(d) of this Conservation Easement, including but not limited to,
Grantee’s water rights.
5. Reserved Riphts.
(a) Grantor reserves to itself, its 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, but only to the extent that such uses are consistent with the
purposes of this Conservation Easement. The rights and obligations herein are intended to be
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235209.1 1 Conservation Easement Deed
appurtenant to the Subdivision, will run with the land and be exercisable by or binding upon (as
the case may be) Grantor’s successor in interest in the Subdivision.
(b) Grantor further reserves to itself, its successors and assigns, the right to enter
upon the Property to maintain: (i) any fencing adjoining the Property and the Subdivision; (ii) the
walking trails easement and signs required by the City of Carlsbad (“City”) regarding the walking
trails located within the Property until the maintenance obligations are transferred to the City; (iii)
any brush management obligations within the Property; and (iv) any slopes. Grantor shall repair
any damage to the Property caused by such entry promptly after any entry by Grantor onto the
Property. The rights and obligations herein are intended to be appurtenant to the Subdivision, will
run with the land and be exercisable by or binding upon (as the case may be) Grantor’s successor
in interest in the Subdivision. It is intended that these rights and obligations reserved herein shall
be reserved (or granted) to and exercised by Carlsbad Shorepointe Homeowners Association, a
nonprofit mutual benefit corporation (“Association”). The areas to be maintained by the
Association pursuant to this Subsection are shown on Exhibit “B” to this Conservation Easement
Deed.
(c) Grantor further reserves to itself, its successors and assigns, the right to access the
Property for purposes of maintaining the revegetation areas on portions thereof in accordance with
the plans approved by and the requirements of the City and California Coastal Commission. The
rights and obligations herein are not intended to be appurtenant to the Subdivision and will not run
with the land and be exercisable by or binding upon (as the case may be) Grantor’s successor in
interest in the Subdivision. The revegetation areas to be maintained by the Grantor pursuant to
this Subsection are shown on Exhibit “B” to this Conservation Easement Deed.
6. Grantee’s Remedies. If Grantee determines that Grantor is in violation of any
obligation it may have hereunder, or that such 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 fifteen (15) days after receipt of written notice and demand from
Grantee, or if the cure reasonably requires more than fifteen (15) days to complete and Grantor
fails to begin the cure within the fifteen (15)-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 its obligations hereunder, to recover any damages to which
Grantee may be entitled for violation by Grantor of its obligations hereunder or for any injury to
the conservation values of the Property, to enjoin the violation, exparte 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 therefor, 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 damage to the conservation values of the Property, Grantee may
pursue its remedies under this Section 6 without waiting for the period provided for cure to expire.
Grantee’s rights under this section 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
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235209.1 1 Conservation Easement Deed
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 Civil Code Section 815, etseq., inclusive. The
failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee
from taking such action at a later time.
If at any time in the future Grantor uses or threatens to use the Property for
purposes inconsistent with this Conservation Easement then, notwithstanding Civil Code Section
815.7, the California Attorney General or any entity or individual with a justifiable interest in the
preservation of this Conservation Easement has standing as interested parties in any proceeding
affecting this Conservation Easement.
(a) Costs of Enforcement. Any costs incurred by Grantee, where Grantee is the
prevailing party, in enforcing the terms of this Conservation Easement against Grantor, including,
but not limited to, costs of suit and attorneys’ and experts’ fees, and any costs of restoration
necessitated by Grantor’s negligence or breach of this Conservation Easement shall be borne by
Grantor.
(b) 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.
(c) 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 (i) any natural cause beyond Grantor’s control,
including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any
prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resulting from such causes; (ii) acts by Grantee or its employees;
(iii) acts by any third party unless such injury or change results in part from the negligence of
Grantor.
(d) Rivht of Enforcement. Grantee’s enforcement rights set forth above are in
addition to, and do not limit, the rights of enforcement that may otherwise exist.
7. Fence Installation and Maintenance. Grantor has installed perimeter fencing on the
Subdivision (“Perimeter Fencing”), in accordance with the plans approved by the City, which
protects the conservation values of the Property, including but not limited to wildlife corridors.
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235209.11 Conservation Easement Deed
Grantor has recorded the Declaration of Covenants, Conditions and Restrictions For Shorepointe
on May 26,2000 as Document No. 2000-0279190 in the Office of the County Recorder of San Diego
County, California (“Declaration”) governing the Subdivision. The Perimeter Fencing is to be
maintained by the Grantor or the Association in accordance with the Declaration.
8. Access. This Conservation Easement does not convey a general right of access over
the Property to the public.
9. Costs and Liabilities. Subject to the provisions of Section 6(c), above, 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. Grantor agrees that Grantee
shall have no duty or responsibility for the operation or maintenance of the Property, the
monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any
third parties from risks relating to conditions on the Property. Grantor remains solely
responsible for obtaining any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement Deed, 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.
(a) Taxes: No Liens. 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. Grantor shall keep Grantee’s interest in the
Property free from any liens, including those arising out of any obligations incurred by
Grantor or any labor or materials furnished or alleged to have been furnished to or for
Grantor at or for use on the Property.
(b) Hold Harmless. Grantor shall hold harmless, protect and indemnify
Grantee 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: (i) 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 Grantee or any of its employees; (ii)
the obligations specified in Sections 4,9, and 9(c); and (iii) the existence or administration of
this Conservation Easement. If any action or proceeding is brought against any of the
Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon
written notice from Grantee, defend such action or proceeding by counsel reasonably
acceptable to the Indemnified Party or reimburse Grantee for all charges incurred for services
of the Attorney General in defending the action or proceeding.
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235209.1 1 Conservation Easement Deed
(c) Condemnation. The purposes of the Conservation Easement are
presumed to be the best and most necessary public use as defined at Code of Civil Procedure
Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
10. Assignment. This Conservation Easement is transferable by Grantee, but
Grantee may assign its rights and obligations under this Conservation Easement only to an
entity or organization authorized to acquire and hold conservation easements pursuant to Civil
Code Section 815.3. Grantee shall require the assignee to record the assignment in the county
where the Property is located.
11. Subsequent Transfers Grantor hereby informs Grantee that Grantor intends to
convey the Property to THE ENVIRONMENTAL TRUST, INC., a California non-profit
public benefit corporation (“Environmental Trust”) and that the Environmental Trust will
assume Grantor’s duties hereunder except for the obligation to maintain the fencing, walking
trails and signs pursuant to Section 5(b) above. 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 any portion of the Property, including, without limitation, a leasehold
interest. Other than a transfer to the Environmental Trust, Grantor further agrees to give
written notice to Grantee of the intent to transfer any interest at least sixty (60) 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 or do not qualify to hold the
easement pursuant to Civil Code section 815.3. 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.
12. 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 recognized overnight courier that guarantees next-day delivery or by
first class mail, postage fully prepaid, addressed as follows:
To Grantor: Standard Pacific Corp, a Delaware Corporation
5750 Fleet Street, Suite 200
Carlsbad, CA 92008
Attn: Cristin Beall
To Grantee: City of Carlsbad (Attn : Don Rideout -- Planning Dept . )
1635 Faraday Avenue
Carlsbad, CA 92008
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 delivery by
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235209.1 1 Conservation Easement Deed
overnight courier or, in the case of delivery by first class mail, five (5) days after deposit into
the United States mail.
13. Amendment. This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement. Any such amendment shall be consistent with the
purposes of this Conservation Easement and shall not affect its perpetual duration. Any such
amendment shall be recorded in the official records of San Diego County, State of California.
14. General Provisions.
(a) ControllinP Law. The interpretation and performance of this
Conservation Easement shall be governed by the laws of the State of California, disregarding
the conflicts of law principles of such state and the venue for any action to enforce this
easement shall be in a court of competent jurisdiction in San Diego County, California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed to effect the purposes
of this Conservation Easement and the policy and purpose of Civil Code Section 815, etseq. 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) Severabilie. 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 Apreement. 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 13.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(0 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 successors, and assigns and shall constitute a servitude running in
perpetuity with the Property.
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235209.1 1 Conservation Easement Deed
(g) Termination of RiPhts and ObliPations. A party’s rights and obligations
under this Conservation Easement terminates 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 its
construction or interpretation.
(i) No Hazardous Materials Liabilitv. Grantor 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. Without limiting the obligations of
Grantor under Section 9(b), Grantor agrees to indemnify, protect and hold harmless the
Indemnified Parties (defined in Section 9(b)) against any and all Claims (defined in Section
9(b)) arising from or connected with any Hazardous Materials present, alleged to be present,
or otherwise associated with the Property at any time, except any Hazardous Materials placed,
disposed or released by Grantee, its employees or agents. If any action or proceeding is
brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at
the election of and upon written notice from Grantee, defend such action or proceeding by
counsel reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges
incurred for services of the Attorney General in defending the action or proceeding.
Despite any contrary provision of this Conservation Easement Deed, the
parties do not intend this Conservation Easement to be, and this Conservation Easement shall
not be, construed such that it creates in or gives to Grantee any of the 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, TERCLA”); 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 Grantor’s ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
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235209.1 1 Conservation Easement Deed
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 Easement Deed.
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. Grantor represents, warrants and covenants to Grantee that Grantor’s
activities upon and use of the Property will comply with all Environmental Laws.
Q) Warranty. Grantor represents and warrants that (1) there are no
outstanding monetary liens or conservation easements senior in priority to this Conservation
Easement Deed, and (2) the Property is not subject to any other encumbrances other than
those of record.
Additional Easements. Grantor 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 Easement Deed), or grant or otherwise abandon or relinquish
any water agreement relating to the Property, without first obtaining the written consent of
Grantee. Grantee may withhold such consent if it determines that the proposed interest or
transfer is inconsistent with the purposes of this Conservation Easement or will impair or
interfere with the conservation values of the Property. This Section 14(k) shall not prohibit
transfer of a fee or leasehold interest in the Property that is subject to this Conservation
Easement Deed and complies with Section 11.
(k)
(1) 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.
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235209.1 1 Conservation Easement Deed
AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Grantor each represent and warrant that they have the legal power, right and actual authority
to bind Grantor to the terms and conditions of this Agreement.
GRANTOR
STANDARD PAJIFIC COW., A Delaware Corporation
*By:
**By:
(signwre)
I V (print namekitle)
(sign here) .
235209.1 1 Conservation Easement Deed
11
APPROVED AS TO FORM:
RONALD 8. BALL, City Attorney
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS. County of SOO DitW
On e&,. 248-3 , before me, Gishl; &~~jl, hDfflm lI)Lb 11; ,
personally appeared ZAMv \ Wlc (\ q bu. 4cld
Date ' Name and Title of 0fficerfe.g.. 'Jane Doe, Njary lic"
,pr'A/-. clxle*.- ,
Name($ of Signer@)
@ personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) &/are
subscribed to the within instrument and
acknowledged to me that -/they executed
the same in Cri4))tedtheir authorized
capacity(ies), and that by Wkerhheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above - Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache
Title or Type of Document:
Document Date: Jz /5 Number of Pages: 14
I Signer@) Other Than Named Above:
Capacity(ies) Claimed by Si
Signer's Name:
0 Individual
0 Partner - 0 Limited 0 General
O Attorney in Fact
Trustee
0 Guardian or Conservator
0 Other:
9 Corporate Officer - Title(s): /#Mho /i 2pA 4JLc-l I
Signer Is Representing: L 1/1
0 1999 National Notary Association * 9350 De Sot0 Am, P.O. Box 2402 * Chalsmh, CA 9131 3-2402 muw.nationalnotaly.org Prod. No. 5907 Reorder: Call Toll-Free 1-8008766827
Exhibit “A”
LEGAL DESCRIPTION
Lot 22 of CITY OF CARLSBAD TRACT 98-1 9 ROESCH PROPERTY according to
Map thereof No. 14345 filed in the Office of the County Recorder of San Diego
County, California on February 22,2002.
Exhibit “B”
AREAS TO BE MAINTAINED BY ASSOCIATION & GRANTOR
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