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94-458256
DEED OF FACADE CONSERVATION EASEMENT
THIS GRANT DEED OF FACADE CONSERVATION EASEMENT is made this 31st day of
August, 1994, by Dr. Manly R. Hyde, having an address at 1958 Caminito De La Estralla,
Glendale, CA 91208 ("Grantor"), in favor of the City of Redlands, a municipal corporation,
having an address at P.O. Box 3005, Redlands, California ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property located in the
'°J, City of Redlands which is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, the facade of the Property possesses sceDic., historical and educational values
(collectively, "Conservation Values") of great importance to Grantee, and the citizens of the City
of Redlands; and
WHEREAS, the Conservation Values of the Property are documented in an inventory of
relevant features of the Property, dated August 31- '19 94
on file at the offices of Grantor
and incorporated by this reference ("Baseline Documentation"),which consists of photographs that
the parties agree provide an accurate representation of the Property at the time of this grant and
which is intended to serve as an objective information baseline for monitoring compliance with
the terms of this grant; and
WHEREAS, Grantor intends, as owner of the Property, to convey to Grantee the right to
preserve and protect the Conservation Values of the Property in perpetuity; and
WHEREAS, Grantee agrees by accepting this grant to preserve and protect in perpetuity
the Conservation Values of the Property for the benefit of this generation and the generations to
come;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of the State of California,
Grantor hereby voluntarily grants and conveys to Grantee a facade conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth
("Easement").
1. Purpose. It is the purpose of this Easement to assure that the Property will be retained
forever in its historic condition and to prevent any use of the Property that will significantly impair
or interfere with the Conservation Values of the Property. Grantor intends that this Easement will
confine the use of the Property to such activities as are consistent with the purpose of this
Easement.
2. Rights of Grantee. To accomplish the purpose of this Easement the following rights are
conveyed to Grantee by this Easement:
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(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement; provided that
such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and
(c) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use pursuant to
Section 5 hereof.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purpose of this Easement is prohibited.
4. Reserved lights, Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights from their ownership of the Property, including the right to
engage in or permit or invite others to engage in all uses of the Property that are not expressly
prohibited herein and are not inconsistent with the purpose of this Easement.
5. Notice of Intention to Undertake Certain Permitted Actions. Grantor shall notify Grantee
prior to undertaking any uses or significant improvements to the Property is to afford Grantee an
opportunity to ensure that the activities in question are designed and carried out in a manner
consistent with the purpose of this Easement. Such notice shall be in writing not less than sixty
(60) days prior to the date Grantor intends to undertake the activity in question. The notice shall'
describe the nature,scope,design,location,timetable and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to mare an informed judgment as to its consistency
with the purpose of this Easement.
6. Grantee's Approval Where Grantee's approval is required,as set forth in Sections 2 and
5, Grantee shall grant or withhold its approval in writing within. sixty (60) days of receipt of
Grantor's written request therefor. Grantee's approval may be withheld only upon a reasonable
determination by Grantee that the action as proposed would be inconsistent with the purpose of
this Easement.
r Grantee's l2ernedies. .if Grantee determines that Grantor is in:violation of the terms of
this Easement or that a violation is threatened,Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation and, where the violation
involves injury to the Property resulting from any use or activity inconsistent with the purpose of
this Easement, to restore the portion of the Property so°injured. If Grantor fails to cure the
violation within thirty (30) days after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fail
to begin curing such violation within the thirty (30) day period, or fail to continue diligently to
cure such violation until finally cured, Grantee may bring an action at law or in equity in a court
of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, exparte
as necessary, by temporary or permanent injunction, to recover any damages to which it may be
entitled for violation of the terms of this Easement or injury to any conservation values protected
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by this Easement, including damages for the loss of aesthetic values, and to require the restoration
of the Property to the condition that existed prior to any such injury. Without limiting Grantor's
liability therefor, Grantee, in its sole discretion, 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
conservation values of the Property, Grantee may pursue its remedies under this section without
prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's
rights under this section apply equally in the event of either actual or threatened violations of the
terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the
terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief
described in this paragraph, both prohibitive and mandatory, in addition to such other relief to
which Grantee may be entitled, including specific performance of the terms of this Easement,
without the necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be
in addition to all remedies now or hereafter existing at law or in equity.
S. Costs of Enforcement. Any costs incurred by Grantee in enforcing the teens of this
Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any
costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be home
by Grantor. If Grantor prevails in any action to enforce the terms of this Easement, Grantor's costs
of suit, including, without limitation, attorneys' fees, shall be borne by Grantee.
9. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement
in the event of any breach of any term of this 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 Easement or of any of Grantee's rights under this 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.
10. Acts Beyond Grantor's Control. Nothing contained in this 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.
11. 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,
including the maintenance of adequate comprehensive general liability insurance coverage. Grantor
shall keep the Property free of any liens arising out of any work performed for, materials furnished
to, or obligations incurred by Grantor.
12. 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 Easement,
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and shall furnish Grantee with satisfactory evidence of payment upon request.
13. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its
elected officials, officers, employees, and agents (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 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 any of the Indemnified Parties;
(2) the obligations specified in Sections 8 and 9; and (3) the existence or administration of this
Easement.
14. Extinguishment. If circumstances arise in the future that render the purpose of this
Easement impossible to accomplish,this Easement can only be terminated or extinguished,whether
in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount
of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any
sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such
termination or extinguishment, shall be determined, unless otherwise provided by Claiforma law
at the time. Grantee shall use all such proceeds in a manner consistent with the conservation
purposes of this grant.
15. Subsequent Transfers. Grantor shall incorporate the terms of this Easement in any deed
or other legal instrument by which it 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 transfer of any interest at least twenty (20) days prior to the date of such
transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the
validity of this Easement or limit its enforceability in any way.
16. Notices. Any notice that either party desires or is required to give to the other shall be
in writing and either served personally or sent by first class mail, postage prepaid, addressed as
follows:
To Grantor:
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To Grantee: City Clerk
City of Redlands
P.O. Box 3005
Redlands, CA 92373
or to such other address as either party from time to time shall designate by written. notice to the
other.
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17. Recordation. Grantee shall record this instrument in timely fashion in the official
records of San Bernardino County, California and may re-record it at any time as may be required
to preserve its rights in this Easement.
18. General Provisions..
(a) Controlling Law. The interpretation and performance of this Easement shall be
governed by and construed in accordance with the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the
purpose of this Easement. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision valid
shall. be favored over any interpretation that would render it invalid.
(c)Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement, all of which are merged herein. No alteration or variation of
this instrument shall be valid or binding unless contained in a written amendment signed by the
parties.
(d)Successors. The covenants,terms,conditions,and restrictions of this Easement 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.
(e)Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
(f)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.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and
year first above written.
GRANTOR
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by:
GRANTEE ATTEST:
Mayor, City of Redlands City Cler
[Acknowledgements]
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94-458256
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California
Civil Code, on November 1, 1994 , before me, Beatrice Sanchez, Deputy City
Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, State of
California, personally appeared Swen Larson and Lorrie Poyzer jxx) personally
known to me - or - { } proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and that by their signatures on
the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument.
(SIZAL) WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By: 4Z,
Beatrice Sanchez, Deputy City, Clem -'
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact mm
Principal(s)
Trustee(s)
Trust
{xx} Other
Title: Mayor and City Clerk
Entity(ies) Represented: City of Redlands
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Deed of Facade Conservation Easement
Number of Pages : 5 Date of Document :
Signer(s) Other Than Named Above: _ Manly R. Hyde
eALIFQIRNI[A ALL:PURPOSE ACKNOWLEDGMENT 2 No,5907
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before me l�
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DATE NAME,TITLE OF OFFICER-E.G.,;JANE DoE,kOTARY PUBLIC"
personally appeared . _,...
NAME($)OF SIGNER(S)
personally known to me - ESR w El proved to me on the basis of satisfactory evidence 4
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to be the person) whose name } ism°
subscribed to the within instrument and ac-
knowledged to me that he executed {;
OLIN ' u the same in hisAierftbeft authorized
NctorV Public—Collfomia capa.cit ()i , and that by hisAteOfl i-r
LOS ANGELES COUNTYsignature(s)nature on the instrument the person(,,:4, ,
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or the entity upon behalf of which the
oerson(sl acted, executed the instrument.
! WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
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OPTIONAL.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
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CORPORATE OFFICER JT�I`TLE OR TYPE of DOCUMENT
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ATTORNEY-IN-FACT NUMBER of PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
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DATE of DOCUMENT
'ISIGNER IS REPRESEtMN : �
NAME OF PCtiSf3Pi{S}OR ENTITY(IES)
SIGNER( OTHER THAN NAMED ABOVE
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01993 NATIONAL NOTARY ASSOCIATION*8236 Remmet Ave.,P.O.Box 7184*Canoga Park,CA 91309-7164
94-458256
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to the City of Redlands dated
August 31, 1994 from Dr. Manly R. Hyde, an individual, to the City of Redlands, a
governmental agency, is hereby accepted and the Grantee consents to recordation thereof
by its duly authorized officer.
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.11 ", - Date: November 14, 1994
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Gary M. 1-6,ebbers
,,'City Manager
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15, PAGES 85 AND 86 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
�. OF S�:ID� COUNTY. 94-458256
EXCEPT THEREFROM THAT- PORTION GRANTED TO THE CITY OF REDLANDS BY
DEED RECORDED MARCH 12 , 1976 IN BOOK 8832 , PAGE 202, OFFICIAL
RECORDS.
ALSO EXCEPTING THE WESTERLY 25 FEET OF SAID LOT 23 .
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