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

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:

_________________________________________________

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NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.

_________________________________________________________________________________________________________________________

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