Loading...
HomeMy WebLinkAbout2007-12-04; City Council; 19234; Preservation Easment to Friends of Carrillo RanchCITY OF CARLSBAD - AGENDA BILL 1 19,234AB# MTG. 12/04/07 DEPT. REC GRANT OF PRESERVATION EASEMENT TO THE FRIENDS OF CARRILLO RANCH, INC. DEPT. HEAI CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2007-298 granting a preservation easement to the Friends of Leo Carrillo Ranch, Inc. for the historic wood plank barn located at Leo Carrillo Ranch Historic Park. ITEM EXPLANATION: At their meeting of March 22, 2005, the City Council voted affirmatively to accept grant funding in the amount of $197,535 from the Save America's Treasures (SAT) program for the stabilization and restoration of the historic wood plank barn located at Leo Carrillo Ranch Historic Park (Exhibits 2 and 3). In addition, the City Council authorized a 1:1 non-Federal match requirement in order to receive the Federal grant funds for a total amount of $395,070. The Department of the Interior requires that the City must grant a preservation easement to the State Historic Preservation Officer or to a nonprofit preservation organization acceptable to the National Park Service (NPS) according to Special Condition #22 of the grant agreement (No. 06-04-ML-0007) (Exhibit 4). The purpose of the easement is to ensure that the architectural, historic, and cultural features of the historic wood plank barn will be retained and maintained substantially in its current condition for preservation purposes and to prevent any use or change of the barn that will significantly impair or destroy the barn's preservation values (Exhibit 5). The term of the easement must run for a minimum 50 years from the end date of the grant agreement. Currently, the State Historic Preservation Officer is not accepting any preservation easements, which then required the City to investigate granting the easement to a qualified nonprofit preservation organization. It was determined by staff that the only viable nonprofit preservation organization in Carlsbad would be the Friends of Carrillo Ranch, Inc. Per the terms of the preservation easement, the City must first seek and receive approval from the grantee (Friends of Carrillo Ranch, Inc) before: • Increase or decrease the height of, make additions to, change the exterior construction materials or colors of, or move, improve, alter, restore, or change the facades (including fenestration) and roofs of the Buildings; • Change the floor plan of the Barn; DEPARTMENT CONTACT: Mick Calarco 760-476-1042 mcala@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED tef D n a D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 • Erect any external signs or external advertisements except: (1) a plaque; (ii) a sign stating the address of the property. • Any construction, alteration, repair, or maintenance; or to review casualty damage or to restore or approve restoration of the Bam following casualty damage; • No repairs or restoration of any type, other than temporary emergency work to prevent further damage to the Buildings and to protect public safety, shall be undertaken by the City without the Friends of Carrillo Ranch, Inc.'s prior written approval. The grant of the preservation easement by the City to the Friends of Carrillo Ranch, Inc. for the historic bam will assist in preserving and maintaining the property and its significant architectural, historic, and cultural features for the benefit of the citizens of Carlsbad. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1. Resolution No. 2007-293 Of the City of Carlsbad, California, granting an easement for preservation purposes for the historic wood plank bam located at Leo Carrillo Ranch Historic Park. 2. Location Map. 3. Photos of Bam. 4. Leo Carrillo Ranch Historic Park Historic Preservation Easement and County Recorder Cover Sheet. 5. Preservation Easement Summary 1 RESOLUTION NO. 2007-298 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A PRESERVATION 3 EASEMENT TO THE FRIENDS OF CARRILLO RANCH, 4 INC. FOR THE HISTORIC WOOD PLANK BARN LOCATED AT LEO CARRILLO RANCH HISTORIC PARK 5 6 WHEREAS, At their meeting of March 22, 2005, the Carlsbad City Council voted 7 affirmatively to accept grant funding in the amount of $197,535 from the Save America's8 9 Treasures (SAT) program for the stabilization and restoration of the historic wood plank 10 barn located at Leo Carrillo Ranch Historic Park; 11 WHEREAS, the Carlsbad City Council authorized a 1:1 non-Federal match 12 requirement in order to receive the Federal grant funds for a total amount of $395,070; 13 WHEREAS, Special Condition #22 of the Save America's Treasures grant 14 agreement requires that the City must grant a 50 year preservation easement to ensure that the architectural, historic, and cultural features of the historic wood plank barn will 16 be retained and maintained substantially in its current condition for preservation 17 purposes and to prevent any use or change of the barn that will significantly impair or18 destroy the barn's preservation values; and WHEREAS, the Carlsbad City Council has determined that it is in the public 21 interest to grant said preservation easement to the Friends of Carrillo Ranch Inc. to 22 assist in preserving and maintaining the historic wood plank bam and its significant 23 architectural, historic, and cultural features for the benefit of the citizens of Carlsbad; 24 25 26 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 4 2. That conveying a 50 year preservation easement to the Friends of Carrillo 5 Ranch, Inc. for the historic wood plank barn is approved and accepted and6 the City Clerk is directed to attach certificate of acceptance and cause the 8 deed to be recorded in the office of the County Recorder. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Nygaard. NOES: None. ABSENT: None. JDE^AlEWIS, Mayor ATTEST: /ORRAIKlS M. /(SEAL) ™ .k,+ 3 -•-•• Historic Wood Plank Barn Prior to Interim Stabilization (1992) Historic Wood Plank Barn with Minor Stabilization Intervention (2006) 7 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 And Bonnie Domiguez Secretary Friends of Carrillo Ranch Inc. 2622 El Aguila Lane Carlsbad, CA 92009 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Leo Carrilio Ranch Historic Park Preservation Easement Leo Carrillo Ranch Historic Park Historic Preservation Easement THIS PRESERVATION EASEMENT DEED, made this day of jag,^ W . 20o7, by and between the City of Carlsbad, a municipal corporation ("Grantor"), the owner(s) of the property described below and the Friends of Carrillo Ranch, Inc. ("Grantee"). WITNESSETH: WHEREAS, the Grantor is owner in fee simple of certain real property located in Carlsbad, California, more particularly described in Exhibit A attached hereto and incorporated herein (hereinafter the "Property"), said Property including the following structures (hereinafter, the "Buildings" as applicable): WHEREAS, the principal structure is a barn; constructed of wood beams and planks, concrete and cobble, dating from 1937 (hereinafter, the "Property"). WHEREAS, the Grantee is authorized to accept preservation easements to protect property significant in national, state, local, and tribal history and culture under the provisions of the National Historic Preservation Act (16 U.S.C. §§ 470, et seq.) (hereinafter, the "Act"); WHEREAS, because of its architectural, historic, and cultural significance the Property was listed in the National Register of Historic Places on March 31, 1992; WHEREAS, the Grantor and the Grantee recognize the architectural, historic, and cultural values (hereinafter, "Preservation values") and significance of the Property, and have the common purpose of preserving the aforesaid preservation values and significance of the Property; WHEREAS, the Property's Preservation values are documented in a set of reports, drawings, and photographs (hereinafter, "Baseline Documentation") incorporated herein by reference, which Baseline Documentation the parties agree provides an accurate representation of the Property as of the effective date of this easement; WHEREAS, the grant of a preservation easement by the Grantor to the Grantee on the Property will assist in preserving and maintaining the Property and its architectural, historic, and cultural features for the benefit of the people of Carlsbad, the State of California, and the United States of America; WHEREAS, to that end, the Grantor desires to grant to the Grantee, and the Grantee desires to accept, a preservation easement (hereinafter, the "Easement") in gross for 50 years on the Property pursuant to the Act. NOW, THEREFORE, in consideration of the Save America's Treasures grant received from the National Park Service and other good and valuable consideration, receipt of which is hereby acknowledged, and pursuant to the requirements stipulated in Section 102 (a) (5) of the Act, the Grantor does hereby voluntarily grant and convey unto the Grantee a preservation easement in gross for 50 years over the Property described in Exhibit A. 1 . Purpose. It is the Purpose of this Easement to ensure that the architectural, historic, and cultural features of the Property will be retained and maintained for 50 years substantially in their current condition for Preservation purposes and to prevent any use or change of the Property that will significantly impair or destroy the Property's Preservation values. 2. The Grantor's Covenants: 2.1 Covenant to Maintain: The Grantor agrees at all times to maintain and repair the Buildings so as to preserve the historical integrity of their features, materials, appearance, workmanship and environment. Historical integrity shall be defined as those significant characteristics which originally qualified the property for entry on the National Register of Historic Places. The Grantor's obligation to maintain shall require replacement, repair, and restoration by the Grantor whenever necessary to preserve the Buildings. Subject to the casualty provisions of paragraphs 7 and 8, this obligation to maintain shall require replacement, rebuilding, repair, and restoration of the Buildings whenever necessary in accordance with The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68), as these may be amended from time to time (hereinafter, the "Secretary's Standards"). 2.2 Prohibited Activities. The following acts or uses are expressly forbidden on, over, or under the Property, except as otherwise conditioned in this paragraph: (a) the Buildings shall not be demolished, removed, or razed except as provided in paragraphs 7 and 8; (b) nothing shall be erected or allowed to grow on the Property which would impair the visibility of the Property and the Buildings from street level; (c) the Property shall not be divided or subdivided in law or in fact and the Property shall not be devised or conveyed except as a unit; (d) no above-ground utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on the Property, subject to utility easements already recorded; (e) subject to the maintenance covenants of paragraph 2.1 hereof, the following Building located within the Property shall not be removed, demolished, or altered: 3. Conditional Rights Requiring Approval by the Grantee. Without the prior express written approval of the Grantee, which approval may not be unreasonably withheld or conditioned, the Grantor shall not undertake any of the following actions: (a) increase or decrease the height of, make additions to, change the exterior construction materials or colors of, or move, improve, alter, restore, or change the facades (including fenestration) and roofs of the Buildings; (b) change the floor plan of the Structures); or (c) erect any external signs or external advertisements except: (1) such as the plaque permitted (but not required) under paragraph 19 of this easement; (ii) a sign stating solely the address of the property; and (iii) a temporary sign to advertise the sale of the Property. 3.1 Review of the Grantor's Requests for Approval. The Grantor shall submit to the Grantee for the Grantee's approval of those conditional rights set out at paragraph 3.0 information (including plans, specifications, and designs where appropriate) identifying the proposed activity with reasonable specificity. In connection therewith, the Grantor shall also submit to the Grantee a timetable for the proposed activity sufficient to permit the Grantee to monitor such activity. The Grantor shall not undertake any such activity until approved by the Grantee. The Grantee reserves the right to consult with governmental agencies, nonprofit preservation organizations, and/or other advisors deemed appropriate by the Grantee, concerning the appropriateness of any activity proposed under this easement. Hie Grantor shall make no change or take any action subject to approval of the Grantee unless expressly authorized in writing by an authorized representative of the Grantee. 4. Standards for Review. In exercising any authority created by the Easement to inspect the Property to review any construction, alteration, repair, or maintenance; or to review casualty damage or to restore or approve restoration of the Building following casualty damage, the Grantee shall apply the Secretary of the Interior's Standards. 5. Public Access. The Grantor shall make the Property and interior of the Property accessible to the public on a minimum of 12 days per year. At other times deemed reasonable by the Grantor persons affiliated with educational organizations, professional architectural associations, and historical societies shall be admitted to study the property. The Grantee may make photographs, drawings, or other representations documenting the significant historical, cultural, and architectural character and features of the property and distribute them to magazines, newsletters, or other publicly available publications, or use them to fulfill its charitable and educational purposes. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d)), the Americans with Disabilities Act (42 U.S.C. 12204), and with Section S04 of the Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit discrimination on the basis of race, religion, national origin, or disability. In implementing public access, reasonable accommodation to qualified disabled persons shall be made in consultation with the State Historic Preservation Office. 6. The Grantor's Reserved Rights Not Requiring Further Approval by the Grantee. Subject to the provisions of paragraphs 2.1,2.2, and 3.0, the following rights, uses, and activities of or by the Grantor on, over, or under the Property are permitted by this Easement and by the Grantee without further approval by the Grantee: (a) the right to engage in all those acts and uses that: (1) are permitted by governmental statute or regulation; (ii) do not substantially impair the preservation values of the Property; and (iii) are not inconsistent with the Purpose of this Easement; (b) pursuant to the provisions of paragraph 2.1, the right to maintain and repair tile Buildings strictly according to the Secretary's Standards. As used in this subparagraph, the right to maintain and repair shall mean the use by the Grantor of in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Buildings. The right to maintain and repair as used in this subparagraph shall not include the right to make changes in appearance, materials, colors, and workmanship from that existing prior to the maintenance and repair without the prior approval of the Grantee in accordance with the provisions of paragraphs 3.0 and 3.1; (c) the right to continue all manner of existing use and enjoyment of the Property including but not limited to the maintenance, repair, and restoration of existing structures and fences; the right to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the right to maintain existing utility lines, gardening and building walkways and steps; the right to cut, remove, and clear grass or other vegetation and to perform routine maintenance, landscaping, horticultural activities, and upkeep, consistent with the Purpose of this Easement; and (d) the right to conduct at or on the Property educational and nonprofit activities that are not inconsistent with the protection of the preservation values of the Property, 7. Casualty Damage or Destruction. In the event that the Buildings or any part thereof be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, the Grantor shall notify the Grantee in writing within fourteen (14) calendar days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or restoration of any type, other than temporary emergency work to prevent further damage to the Buildings and to protect public safety, shall be undertaken by the Grantor without the Grantee's prior written approval. Within thirty (30) calendar days of the date of damage or destruction, if required by the Grantee, the Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Grantor and the Grantee, which report shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Buildings and/or restoration of damaged or destroyed portions of the Buildings; and (c) a report of such restoration work necessary to return the Buildings to the condition existing at the date hereof. 8. Review after Casualty Damage or Destruction. If, after reviewing the report provided in paragraph 7 and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee agree that the Purpose of the Easement will be served by such restoration, the Grantor and the Grantee shall establish a schedule under which the Grantor shall complete the restoration of the Buildings in accordance with plans and specifications consented to by the parties up to at least the total of casualty insurance proceeds available to the Grantor. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee agree restoration of the Property is impractical or impossible, or agree that the Purpose of the Easement would not be served by such restoration, the Grantor may, with prior written consent of the Grantee, after, demolish, remove, or raze one or more of the Structures and/or construct new improvements on the Property. The Grantor and the Grantee may agree to extinguish this Easement in whole or in part in accordance with the laws of the State of California, and paragraph 22 hereof. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 9, the Grantor and the Grantee are unable to agree that the Purpose of the Easement will or will not be served by such restoration, the matter may be referred by either party to binding arbitration and settled in accordance with the State of California's arbitration statute then in effect. 9. Insurance. The Grantor shall keep the Property insured by an insurance company rated "AT or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire, and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fully the damaged Property without cost or expense to the Grantor or contribution or coinsurance from the Grantor, with the exception of the Grantor's deductible. Such insurance shall include the Grantee's interest and name the Grantee as an additional insured. The Grantor shall deliver to the Grantee, within ten (10) business days of the Grantee's written request therefor, certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered with a mortgage or deed of trust, nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds. 10. Indemnification. The Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, the Grantee, its agents, trustees, directors, officers and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of any person; physical damage to the Property; the presence or release in, on, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage occurring on or about the Property, unless such injury or damage is caused by the Grantee or any agent, trustees, director, officer, employee, or independent contractor of the Grantee. Except for publicly owned properties, in the event that the Grantor is required to indemnify the Grantee pursuant to the terms of this paragraph, the amount of such indemnity, until discharged, shall constitute a lien on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Property. 11. Written Notice. Any notice which either the Grantor or the Grantee may desire or be required to give to the other party shall be in writing and shall be delivered by one of the following methods: by overnight courier postage prepaid, facsimile transmission, registered or certified mail with return receipt requested, or hand delivery; if to the Grantor, then at 6200 Flying LC Lane, Carlsbad, California, 92009, and if to the Grantee, then to 2622 El Aguila Lane, Carlsbad, California, 92009. Each party may change its address set forth herein by a written notice to such effect to the other party. 12. Evidence of Compliance. Upon request by the Grantor, the Grantee shall promptly furnish the Grantor with certification that, to the best of the Grantee's knowledge, the Grantor is in compliance with the obligations of the Grantor contained herein or that otherwise evidences the status of this Easement to the extent of the Grantee's knowledge thereof. 13. Inspection. With the consent of the Grantor, representatives of the Grantee shall be permitted at all reasonable times to inspect the Property. The Grantor covenants not to withhold unreasonably its consent in determining dates and times for such inspections. 14. Remedies. Either party may, following reasonable written notice to the other party, institute suit(s) to enjoin any violation or enforce any of the terms of this easement by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and including, but not limited to requiring the restoration of the Property and Buildings to the condition and appearance that existed prior to the violation complained of. Each party shall also have available all legal and other equitable remedies to enforce the other party's obligations hereunder. In the event the Grantor is found to have violated any of its obligations, the Grantor shall reimburse the Grantee for any costs or expenses incurred in connection with the Grantee's enforcement of the terms of this Easement, including all reasonable court costs, and attorney, architectural, engineering, and expert witness fees. Exercise by either party of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 15. Notice from Government Authorities. The Grantor shall deliver to the Grantee copies of any notice of violation or lien relating to the Property received by the Grantor from any government authority within five (5) business days of receipt by the Grantor. Upon request by the Grantee, the Grantor shall promptly furnish the Grantee with evidence of the Grantor's compliance with such notice or lien where compliance is required by law. 16. Notice of Proposed Sale. The Grantor shall promptly notify the Grantee in writing of any proposed sale of the Property and provide the opportunity for the Grantee to explain the terms of the Easement to potential new owners prior to sale closing. 17. Liens. Except for publicly owned properties, any lien on the Property created pursuant to any paragraph of this Easement may be confirmed by judgment and foreclosed by the Grantee in the same manner as a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Property. 18. Plaque. The Grantor agrees that the Grantee may (but is not required to) provide and maintain a plaque on the Property, which plaque shall not exceed 24 by 24 inches in size, giving notice of the significance of the Property and the existence of this Easement. 19. Binding Effect - - Runs with the Land. Except as provided in paragraphs 8 and 22, the obligations imposed by this Easement shall be effective for SO years and shall be deemed to run as a binding servitude with the Property. This Easement shall extend to and be binding upon the Grantor and the Grantee, their respective successors in the interest and all persons hereafter claiming under or through the Grantor or the Grantee, and words "The Grantor" and "The Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to the Grantee also shall be deemed granted to each successor and assign of the Grantee and each such following successor and assign thereof, and the word "The Grantee" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in this Easement shall be inserted by the Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which the Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of the Property. 20. Alignment The Grantee may convey, assign, or transfer this Easement to a unit of federal, state, tribal or local government or to a similar local, state, or national organization whose purposes, inter alia, are to promote preservation of historical, cultural, or architectural resources, provided that any such conveyance, assignment, or transfer requires that the Purpose for which the Easement was granted will continue to be carried out. 21. Recording and Effective Date. The Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Carlsbad, California. The Grantor and the Grantee intend that the restrictions arising under this Easement take effect on the day and year this instrument is recorded in the land records of Carlsbad, California. 22. Extinguishment. The Grantor and the Grantee hereby recognize that circumstances may arise mat may make impossible the continued ownership or use of the Property in a manner consistent with the purpose of this Easement and may necessitate extinguishment of the Easement. Such circumstances may include, but are not limited to, partial or total destruction of the Buildings resulting from casualty. Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction. The Grantor may not repay the financial assistance received as a justification to extinguish the Easement. 23. Condemnation. If all or any part of the property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, the Grantor and the Grantee shall join in appropriate proceedings at the time of such taking to recover full value of those interests in the Property that are subject to the taking and all incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of expenses reasonably incurred by the Grantor and the Grantee in connection with such taking, the Grantor and the Grantee shall be respectively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of paragraphs above unless otherwise provided by law. 24. Interpretation. The following provisions shall govern the effectiveness, interpretation, and duration of the Easement. (a) Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Property shall not apply in the construction or interpretation of this Easement and this instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the restrictions on use herein contained. (b) This instrument may be executed in two counterparts, one of which may be retained by the Grantor and the other, after recording, to be retained by the Grantee. In the event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. (c) This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof shall not affect the validity and enforceability of this Easement according to its terms, it being the intent of the parties to agree and to bind themselves, their successors, and their assigns for SO years to each term of this instrument whether this instrument be enforceable by reason of any statute, common law, or private agreement in existence either now or hereafter. The invalidity or unenforceability of any provision of this instrument shall not affect the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agreement relating to the subject matter thereof. (d) Nothing contained herein shall be interpreted to authorize or permit the Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, the Grantor promptly shall notify the Grantee of such conflict and shall cooperate with the Grantee and the applicable governmental entity to accommodate the purposes of both this Easement and such ordinance or regulation. (e) To the extent that the Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Property may be developed to a more intensive use (in terms of height, bulk, or other objective criteria related by such ordinances) than the Property is devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the Property during the term of the Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of the Easement. 25. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, the Grantor and the Grantee may by mutual written agreement jointly amend this Easement, provided that no amendment shall be made that will adversely affect the qualification of this Easement or the status of the Grantee under any applicable laws, including the laws of the State of California. Any such amendment shall be consistent with the protection of the Preservation values of the Property and the Purpose of this Easement; shall not limit its duration; shall not permit additional development on the Property other than the development permitted by this Easement on its effective date; shall not permit any private inurement to any person or entity; and shall not adversely impact the overall historic and architectural values protected by this Easement. Any such amendment shall be recorded in the land records of Carlsbad, California. Nothing in this paragraph shall require the Grantor or the Grantee to agree to any amendment or to consult or negotiate regarding any amendment. THIS EASEMENT reflects the entire agreement of the Grantor and the Grantee. Any prior or previous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. THIS EASEMENT IS GRANTED to the Grantee and its successors-in-interest and permitted assigns for the term of 50 years unless terminated pursuant to the terms and conditions herein. This DEED OF PRESERVATION EASEMENT may be executed in two counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but bom of which together shall constitute one instrument. IN WITNESS WHEREOF, the Grantor and the Grantee have set their hands under seal on the days and year set forth below. TNESS:WITN1 THE GRANTOR: \ ATTEST: Bv' Karen R. KundtzT A4y' c- oy v ^tt:= O-' APPROVED AS TO FORM RONALD R. BALL, City Attorney (date) THE GRANTEE: FRIENDS OF CARRILLO RANCH. INC. ItsS< Deputy City Attorney ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On AJ^-c, ss. *~* (DATE) personally appeared before me, —T- personally known to me - OR - DEBBIE JO MCCOQLComm.11488520 (NOTARY)'/ SIGNER(S)ER(S to me on the basis of satisfactory evidence to be the personpsf whose name(X) /are subscribed to the within instrument and acknowledged to me that h^she/the^ executed the same in Jw-s/her/ttip-ff authorized capacity^ie^), and that by jM-S/her/tbeir signaturesOfrfon the instrument the person(>^ or the entity upon behalf of which the C^Tacted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /•*""" (x^" """V • County of vJ)<3L/i <^Ls/e\c)<_> On ,/^W-* m ht*. y, <?oo 7 before me. <^>- Date personally appeared O ' &**• c^~ } >Ztrru, A. hUj^inuL f , Aid rWo vZcfeJi* <•_ . Q Name and Title of Office^.g., "J<ne Doe, Notary Prfblic") Pi- S7\JLUJt£> Name(s) of Signer(s) SHERRY A. FREISINGER Commission * 1727044 _ Notary Public - California I San Oi*go County 1 Place Notary Seal Above personally known to me D (or proved to me on the basis of satisfactory evidence) to be the personfeff whose name(^) is/are" subscribed to the within instrument and acknowledged to me that he/sbeVthey executed the same in his/rje'r/the'ir authorized capacity(i0s), and that by his/he'r/tryrfir signature^) on the instrument the person(€), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signatun 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 Attached Document Title or Type of Document Date: t ^t II o -j?a n tJ\ n JcLf tC .si * Va. 4-i a n t n't. ku>-.r *<4.Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s):. D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other:. orporate Officer — Title(s):. dumb here D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 V609 Reorder: Call Toll-Free 1 -800-876-6827 LEO CARRILLO RANCH HISTORIC PARK HISTORIC WOOD PLANK BARN PRESERVATION EASEMENT SUMMARY Q: WHAT DOES THE EASEMENT DO? A: The easement ensures that the architectural, historic, and cultural features of the Barn will be retained and maintained for SO years substantially in its current condition for Preservation purposes and to prevent any use or change of the Property that will significantly impair or destroy the Property's Preservation values. Q: WHAT ARE THE RESTRICTIONS? A: The City agrees to maintain and repair the Bam so as to preserve the historical integrity of their features, materials, appearance, workmanship and environment. The Barn shall not be demolished, removed, or razed Nothing shall be erected or allowed to grow on the Property which would impair the visibility of the Property and the Barn from street level; The Property shall not be divided or subdivided in law or in fact and the Property shall not be devised or conveyed except as a unit; No above-ground utility transmission lines, except those reasonably necessary for the existing Buildings, may be created on the Property; The Barn located within the Property shall not be removed, demolished, or altered.