Fillable Grant Deed Form - Conservation Easement (Page 2 of 4) in pdf

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.

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.

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.

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.

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.

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.

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.