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HomeMy WebLinkAboutD-2017-Y Biological Open Space Easement Agreement APN 001-075-021, -022, -023RECORDING REQUESTED BY; r�r��-�r��PA.ry RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Public Works/Development Review 919 Palm Street San Luis Obispo, CA 93401-3249 2017047942 Tommy Gong San Luis Obispo - County Clerk -Recorder 10/19/2017 08:00 AM Recorded at the request of: FIRST AMERICAN TITLE COMPANY Titles: 1 Pages: 21 Fees: $81.00 Taxes: 0.00 Total: 181.00 BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT FOR 2223 MONTEREY STREET APN 001-075-021, -022, and -023 This Biological O #- Cen Space Easement Agreement, is made and entered into this? day of r, 20A, by and between Ruidoso Associates, LLC, a New Mexico limited liability company and Covelop Holdings LLC, a California limited liability company, hereinafter collectively called "Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH WHEREAS, Owner owns certain real property (the "Subject Property") described as follows: Parcels 1, 2, and 3 of Parcel Map SLO AL 14-0045 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in Book 90 of Parcel Maps Pages I to - in the office of the County Recorder of said County, and WHEREAS, the Subject Property has certain natural biological resources, natural scenic beauty and existing openness of importance to the community, and WHEREAS, an offer of dedication of a biological open space easement, among other requirements, is required pursuant to Condition #53 (the "Condition") of ARCH-3741-2016 approving the development plan for the Motel Inn and Restaurant along with other motor court amenities, of which Subject Property is a part; WHEREAS, the Owner is in the process of obtaining approval to construct improvements as shown on the plans on file at the City, including any approved modifications thereof, for building permit number BLDG-5952-2016 (the "Approved Plans"), of which the Subject Property is a part; and WHEREAS, both Owner and City desire to preserve and conserve for the public benefit the biological diversity, natural scenic beauty and existing openness and other natural conditions on the Subject Property, and WHEREAS, in order to satisfy the Condition, the Owner has agreed to grant to the City, and City has agreed to accept, this biological open space easement to preserve the above described values by restricting Owner's use of and activities on the Subject z0li ® % Property through the imposition of a perpetual biological open space easement with the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the above recitals, in compliance with Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the Owner and City agree as follows: 1. Owner hereby grants to City, and City hereby accepts, a biological open space easement (the "Easement") over a portion of Subject Property as legally described and shown on said Parcel Map SLO AL 14-0045 (the "Easement Area"). Said grant of easement conveys to City an estate and interest in the Subject Property. The purpose of the easement is to protect said biological diversity, natural scenic beauty and existing openness and other natural conditions by voluntarily restricting the use of the Easement Area as hereinafter set forth. 2. The restrictions hereby imposed upon the use of the Easement Area by Owner and the acts which Owner shall refrain from doing upon the Easement Area are, and shall be, as follows: a. No structures shall be placed or erected within the Easement Area, except as allowed in item 2(b) below. If desired, "see -through" fencing appropriate to open space preservation may be allowed if approved by the City's Architectural Review Commission and the City's Natural Resources Manager. b. A pedestrian path and associated improvements such as pathway lighting, conduit and landscape irrigation may be constructed and maintained within the Easement Area. Said encroachment shall be subject to review and approval by the City's Community Development Director and Natural Resources Manager. c. No signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on or in the Easement Area. d. Owner shall not plant or permit to be planted any vegetation within the Easement Area, except (i) as may be associated with riparian corridor restoration in substantial compliance with the plantings shown on the Approved Plans and (ii) vegetation needed for erosion control, fire protection, or soil stabilization as allowed or approved by the City's Natural Resources Manager or his/her designee. e. Owner shall not remove or permit to be removed any vegetation within the Easement Area, except as reasonably necessary for fire protection, hazard abatement, drainage conveyance, or replacement or removal of dead 2 vegetation, as allowed or approved by the City's Natural Resources Manager or his/her designee. Owner shall be solely responsible for obtaining any and all necessary permits and regulatory approvals, as applicable, prior to engaging in such work. f. No extraction of surface or subsurface natural resources shall be allowed. g. The general topography of the Easement Area shall be preserved in its natural condition. h. No obstructions to drainage flows in the Easement Area shall be allowed. 3. Owner hereby grants to City the following rights: a. To access and enter upon the Easement Area at reasonable times in order to monitor Owner's compliance with and to otherwise enforce the terms of this Agreement. b. To access and enter upon the Easement Area in order to remove and dispel any encampments or illegal occupations located thereon 4. Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Easement Area, including removing any drainage obstructions as needed to provide for the conveyance of creek flows, subject to the review and approval of other agencies with regulatory control over work done in the riparian corridor, specifically the State Department of Fish and Game and the U. S. Army Corps of Engineers. In the event the City determines that the Owner has not adequately maintained the Easement Area in accordance with the provisions of this Agreement, then the City may give written notice to the Owner, which notice shall contain a reasonable time to cure, and in the event Owner fails to cure, then the City may undertake the maintenance of such Easement Area at Owner's sole cost and expense. Any costs incurred by the City shall be a lien against the property and shall be the personal obligation of the Owner. 5. Owner shall indemnify, defend and hold harmless City, its officials, officers and employees, agents, representatives, successors and assigns from and against any and all claims, actions, or demands, costs or expenses (including attorney's fees), arising out of or in any way connected with Owner's obligations set forth in this Agreement. 6. This Easement shall remain in effect in perpetuity. 7. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 8. This grant of biological open space easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed an enforceable restriction within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 9. Land uses permitted or reserved to the Owner by this grant shall be subject to the ordinances of the City regulating the use of land. 10. The City shall have the right of access to remove any drainage obstructions as needed to provide for the conveyance of creek flows, subject to the review and approval of other agencies with regulatory control over work done in the riparian corridor, specifically the State Department of Fish and Game and the U. S. Army Corps of Engineers. 11. The terms and conditions contained herein shall run with the land and shall be binding on the parties hereto and their heirs, successors and assigns. 12. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 13. This Agreement constitutes the entire agreement between Owner and City relating to the Easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Owner and City or their respective successors or assigns. This Agreement will be effective upon the date it is recorded. M IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. OWNER / GRANTOR Ruidoso Associates, LLC a New Mexico limited liability company BY: Robin L. Rossi Trust, U/T/D 10/19/1990 Its: Men a� t Robin L. Rossi, Manager BY: Covelop Holdings LLC, a California limited liability company Its: Member Damien T. P. Mavis, Manager Covelop Holdings, LLC a California limited liability company Damien T. avis, anager ALL SIGNATURES MUST BE NOTORIZED CITY OF SAN LUIS OBISPO By: _ 16 lluve�� 1-lei i Harmon, Ma r Pursuant to City Ouncil Resolution No. 5370 (1984 Series) 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On October 17, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared Heidi Harmon who proved to me on the basis of satisfactory evidence to be the persow whose namess�i*afe subscribed to the within instrument and acknowledged to me that befsheltbsy-executed the same in jais/$erlthy4ir au#harized capacityand that by fjesiherlt signs#ure_(s}-on the instrument the person , or the entity upon behalf of which the personcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ���� (Seal) HEATHER SUZANNE GOODWIN Notary Public San Luis Obispo County Commission # 2198666 My Comm. Expires Jun 21, 2021 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } p } On 6�j 11470-11 before mel) �V , ki Date Nam and TiUe cif the Officer personally appeared, Name of who proved to me on the basis of satisfactory evidence to be the person(s) whose name{&) is/aft subscribed to the within instrument and acknowledged to me that hekhe4hey executed the same in hisA49d1beLauthorized capacity(ies}, and that by hisAier/thenr signatures on the instrument the person(&), or the entity upon behalf of which the personw acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signatt otary Public of the State of California that the #ANIELLE N. FERGUSON cow. 0 2oas� uoTu�rruDuc •cxvfeltx� SAN LUIS OBISPO COUNTY Comm. Exp. NOV. 10, 2016 Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On t.2b �� , before me,_VIURA Fa _ tADwy= _QubuG Datd V U Name and Titlee Officer personally appeared, L . WSSI Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ate: subscribed to the within instrument and acknowledged to me that he/sho4l;iey executed the same in his/hefAheir authorized capacity(iao, and that by his/heffteir signature(s) on the instrument the person(&}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICKEY FARLEY WITNESS my hand and official seal. Non Luis Obispo x � San Luis Obispo County Commission # 2199468 pukMy Comm. Expires Jun 25, 2021 Signature _ Si nature of Notary Public Place Notary Seal Above CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein III, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this r P- day of %f}� T, , 2017 LIENHOLDER: TheAobertE. Robert,ps Family -Trust dated 6/18/98 _ B° 1w / By: ps, Tru4WCorrene E.Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended am Valerie S. Crail, Trustee The Irene E. Saurwein Revocable Trust dated December 15, 2015 M. Irene E. Saurwein, Trustee The John's Share & Enjoy Life Trust dated December 21, 2015 LI-A John R. Saurwein III, Trustee C&L Schoenfeld Investments, LLC, a California limited liability company Lawrence Jon Schoenfeld, Manager Grant La Viale A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of nia County of Calif90 n On 0c.�oho r 2U / before me, personally appeared '1 D bpi r- f E- J51 er)a C,r-4-v-,, h Notary Public, who proved to me on the basis of satisfactory evidence to be the person(v,) whose name(s) is/km subscribed to the within instrument and acknowledged to me that here/ft executed the same in his/her/th>,ir authorized capacity(les), and that by hiA fir/their signature on the instrument the person), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of th ng paragraph is true and correct. o COMM. #2144014 Notary Public . California Sonomoi Coy q WITNESS my hand and official seal. Ca m• DO" � � 2r� ti (Notary Seal) of Notary Public d A� 10LENE CORiRIGHi COMM. #2144014 Wr Notary Public - Califo nia Z sonom3 County + �� �C z . E� irFA I�idf. j r"i�"a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. S2 0 i-') !M R Fib-eY-�(2ca�- J���n� �vvv l On j , before me, Notary Public, personally appeared n F- V .2, h Q- �-- W h /PAS , whdroved to me on the basis of satisfactory evidence to be the personW whose name(Vis/are subscribed to the within instrument and acknowledged to me that N,//she/thy executed the same in h`s�/her/th'ejr authorized capacity(ies), and that by �is/herltbeir signature(s) on the instrument the perso4s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d Mai CD WITNESS my hand and official seal. n COMM. 021"014 a Notary Public • Califamia Sonoma County y14 Fs Jos Va. 22 20 S' nature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) Signature of Notary Public CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein III, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this s� day of (��o -g-72 2017 LIENHOLDER: The Robert E. Whipps Family Trust dated 6/18/98 Robert E. Whipps, Trustee Correne E. Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended B �.�. Valerie S. Crail, Trustee oaka \all-eY�e J"hc,ha►n Crg11 The Irene E. Saurwein Revocable Trust dated December 15, 2015 go Irene E. Saurwein, Trustee The John's Share & Enjoy Life Trust dated December 21, 2015 M. John R. Saurwein III, Trustee C&L Schoenfeld Investments, LLC, a California limited liability company Lawrence Jon Schoenfeld, Manager Grant La Viale A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, personally appeared Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) Signature of Notary Public Acknowledgment by Individual State of County of On this day of _ nJo 6 �� 20 j. before me, 26s6fi Name of Notary Public the undersigned Notary Public, personally appeared U Ie-cr-e- S kq 6,in rl Name ofSigner(s) O Proved to me on the oath of O Personally known to me 04 Proved to me on the basis of satisfactory evidence ALA ❑ 35`3 -q Lr (Description of ID) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. WITNESS my hand and official seal. OFFICIAL. SEAL ROSS ELLIS C-S! Notary F'Obl€a • Arizona MANICOPA COUNTY My Comaile 0i) Expires MARl9I°I PP, P020 Notary Seal r (Signature of Notary Puub€Ic My commission expires �! 0 Optional:A thumbprint is only needed if state statutes require a thumbprint. For Bank Purposes Only Description of Attached Document Type or Title of Document Document Date Signer(s) Other Than Named Above Number of Pages al I I I I 111 11 1 1111111111 1ll CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein III, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this ' fA day of CDC-�+ , 2017 LIENHOLDER: The Robert E. Whipps Family Trust dated 6/18/98 : Robert E. Whipps, Trustee am Correne E. Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended LO-A Valerie S. Crail, Trustee The Irene E. Saurwein Revocable Trust dated December 15, 2015 By. Irene E. Saurwein, Trustee The John's Share & Enjoy Life Trust dated December 21, 2015 IIn John R. Saurwein III, Trustee C&L Schoenfeld Investments, LLC, a California limited liability company Lawrence Jon Schoenfeld, Manager Grant La Viale A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �)itL (Ll.i5 f n150r� On ioli before me, personally appeared ] 1� - , f)G Notary Public, proved to me on the basis of satisfactory evidence to be the persons) whose name(&) Wan subscribed to the within instrument and acknowledged to me that 4m✓she4hey executed the same in his/her/their authorized capacityoes).-and that by his/herA4wir signature(&) on the instrument the personH, or the entity upon behalf of which the person(8jracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my hand and official seal. 1 SignatuKe of Notary P is L,) (Notary Seal) F4D-1ANIELLE N. FER©US[3N CODA. Il 2OM34 NOTARY PLWJC • C�ILRDIrNI1 SAN LUIS OBISPO COUIITY Comm. Exp. NOV.10, 2018 CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein III, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this 1 t� day of , 2017 LIENHOLDER: The Robert E. Whipps Family Trust dated 6/18/98 Robert E. Whipps, Trustee Correne E. Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended Valerie S. Crail, Trustee The Irene E. Saurwein Revocable Trust dated December 15, 2015 LI-A Irene E. Saurwein, Trustee TAJ's Share & Enjoy Life Trust dated December 21, 2015 B. Saurwein III, rustee C&L Schoenfeld Investments, LLC, a California limited liability company R-3 Lawrence Jon Schoenfeld, Manager Grant La Viale A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State ofCalifomia County of On AO//// befo me Notary Public, personally appeared c /Z11W /K;LzZC4/ ICI �/ll _�, who proved to me on the basis of satisfactory evidence to be the personVwhose name{ is/* subscribed to the within instrument and acknowledged to me that helnitp�y executed the same in hisllyerlthe"/ff authorized capacity(, and that by hislho/rltVir signature(?fon the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official sOl. Signature of Notary Public (Notary Seal) VICTORIA RELVA Commission o 2135681 z •'�_ z Notary Public - California San Luis Obispo County My Comm. Expires Dec 4. 2019 CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein III, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this Y day of , 2017 LIENHOLDER: The Robert E. Whipps Family Trust dated 6/18/98 LIZA am Robert E. Whipps, Trustee Correne E. Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended Valerie S. Crail, Trustee The Irene E. Saurwein Revocable Trust dated December 15, 2015 Irene E. Saurwein, Trustee The John's Share & Enjoy Life Trust dated December 21, 2015 John R. Saurwein III, Trustee C&L Schoenfeld Investments, LLC, a California limited liability company By: W,�4f `lk c Lawrence Jon Schoenfeld, Manager Grant La Viale A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los On [ C)/ 3-- / 7 , before me, )AD, Arp,A,-J ` 4(5(5 Zbcl- L-r- , Notary Public, personally appeared a*Cq iun?-r, cL 41r6 who proved to me on the basis of satisfactory evidence to be the person(s) whose names is ubscribed to the within instrument and acknowledged tame that he executed the same i hi r authorized capacity(ies), and that by i5 ' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an fficial seal. Signature of No Public ANDREW HOLZBAUR NOTARY PUBLIC - CALIFORNIA u, COMMISSION # 2099062 c H LOS ANGELES COUNTY Mv Comm. €x 7. March 5, 2019 . (Notary Seal) CONSENT OF LIENHOLDER Robert E. Whipps and Correne E. Whipps, Trustees of the Robert E. Whipps Family Trust dated 6/18/98; Valerie S. Crail, Trustee of the Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended; Irene E. Saurwein, Trustee of the Irene E. Saurwein Revocable Trust dated December 15, 2015; John R. Saurwein IJI, Trustee of the John's Share & Enjoy Life Trust dated December 21, 2015; C&L Schoenfeld Investments, LLC, a California limited liability company; and Grant La Viale, a married man as his sole & separate property (collectively, "Lienholder"), collectively, the beneficiary(ies) under that certain Deed of Trust recorded July 28, 2016, as Document No. 2016-036360 of the Official Records in the office of the County Recorder of the County of San Luis Obispo, hereby consents to the attached "Biological Open Space Easement Agreement for 2223 Monterey Street" entered into between Covelop Holdings, LLC, Ruidoso Associates, LLC, and the City of San Luis Obispo, and joins in the execution hereof solely as Lienholder and hereby agrees that in the event of a foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non - judicial proceedings, the same shall be sold subject to said easement agreement restricting use of property. This Consent of Lienholder may be executed in any number of counterparts, each of which is deemed an original, but all of which constitute the same instrument. SIGNED AND EXECUTED this LIENHOLDER: 2�ju day of /� 2017 The Robert E. Whipps Family Trust dated 6/18/98 Robert E. Whipps, Trustee Correne E. Whipps, Trustee The Edgar H. Shahan Revocable Trust dated March 4, 2011, as amended am Valerie S. Crail, Trustee The Irene E. Saurwein Revocable Trust dated December 15, 2015 Irene E. Saurwein, Trustee A 0 The John's Share & Enjoy Life Trust dated December 21, 2015 John R. Saurwein III, Trustee C&L Schoenfeld Investments, LLC, a California limited liability company Lawrence Jon Schoenfeld, Manager Grant La Via e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State ofCalifa ,� l County of �a &1IbIl PN On 10)60100 personally appeared 4-ft-1 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official eal. evidt.-, Signature of Notary Public CARMEN 1.51'FiA A ij Cow-^'s ;ion # 2051435 Nntll y Puts ie . CalRornla s �. ... _�,bara County o. ea Comm. F.x fires Jan 8 END OF DOIC MEET