HomeMy WebLinkAboutD-1692C Recorded 03/05/2007N
RECORDING REQUESTED BY:
JULIE RQDEWAL� _ AB
San Luis Obispo County — Clerk/Recorder 3/0512007
Recorded at the request of 2:08 PM
Public
AND, WHEN RECORDED MAIL TO: D 0 c # : 2007014760
City Clerk's Office
City of San Luis Obispo
990 Palm Street
San Luis, Obispo, CA 93422
Titles: 1
Pages: 6
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
Space above Line for Recorder's Use Only
FIRST AMENDMENT TO CONSERVATION EASEMENT
THIS FIRST. AMENDMENT TO CONSERVATION EAS tMENT ( "First
Amendment ") is made and entered into as of this a'1 Vhday of yL4 � - 200 by and
between Clinton R. Pearce and Connie E. Pearce, Trustees of the Clinton and Connie Pearce
Revocable Trust, dated 9/15/03, and Pearce Madonna Partnership, a California Limited
Partnership (collectively "Grantor "), and the City of San Luis Obispo, a charter city and
municipal corporation of the State of California ( "Grantee ").
RECITALS
FILED
FEEPAID
EXEMPT
OUTOF
STATE
A. Grantor and Grantee have entered into that certain Conservation Easement dated
August 9, 2006 ( "Original,' Easement"),' recorded as. document 2006056617, to facilitate
mitigation of impacts to wetlands (as defined in the Original Easement).
B. Grantor and Grantee desire to amend the Original Easement as set forth herein, to
replace the original easement boundary with a new easement boundary that fully
encompasses the actual mitigation area, as constructed.
C. The requirements of Paragraph 17 of the Original Easement concerning
amendments to the Original Easement have been satisfied, including consent to this First
Amendment by the United States Army Corps of Engineers. ,
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are acknowledged by the Parties, the Parties do hereby agree to amend the Original
Easement as follows:
1. Exhibits. Exhibit "A" and "B" of the Original Easement are deleted in their
entirety and replaced with Exhibit "A" and "B" attached hereto and incorporated herein by
this reference.
2. Ratification of Original Easement. Except as amended herein, the Original -
Easement is ratified and shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the
date first written above.
I
Grantor:
CLINTON R. PEARCE AND CONNIE E. PEARCE
Trustees of the Clinton and Connie Pearce Revocable Trust, dated 9/15/03,
and Pearce Madonna Partnership,
a California Limited Partnership
By:
Clinton R. Pearce stee and Partner
By:
Connie E. Pearce, Trustee and Partner
Grantee:
City of San Luis Obispo,
e
By: _
David F. Romero, Mayor .
-2-
STATE OF CALIFORNIA
COUNTY OF N1 Se } SS.
On 1 v62,r _r+ 2I ' IvO
me, ' n >'
appeared:
®•
_ before
personally
[x] Personally known tome —0R- [ ] Proved tome on the basis of satisfactory evidence to
the person hose namgs is/ar subscribed to the Within instrument and acknowledged to
me that he /she /(ee exec. %d the same in. his/her/ ie authorized capacity ies and that by
his/her /their signatures n the instrument the perso s) or the entity upon behalf of which
the perso s acted, executed the instrument.
WITNESS my hand and official seal.
aw► HORnLLOSA PIURAUE
(SEAL) Commission ## 1 512075
011MV Notary Public - Colitomla
Son Luis Obispo County
Comm. EXPIM Sep 6.20
-3-
Notary Public
• •
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
0 •
On February 28, 2007, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero. Mayor, CITY OF SAN LUIS OBISPO, personally known to me (or 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.
WITNESS my hand and official seal.
Signature _adv"� 4��
Clerk
ii JW
(Seal)
Exhibit "A"
AREA 1 CONSERVATION EASEMENT
Legal Description
That parcel of land in the County of San Luis Obispo, State of California, being a portion of Lots 17 and 49. of the
subdivisions of the ranchos Canada de Los Osos and La Laguna, as surveyed by Jas. T. Stratton, according to that
map filed in Book "A ", at Page 83 of Maps in the office of the Recorder for said County, more particularly
described as follows:
Commencing from City of San Luis Obispo, Primary Horizontal Control Network Station #8217, being a pin in
concrete in monument well at the centerline intersection of Los Osos Valley Road and Diablo Road, State Plane
Coordinate, Zone 5 values, in Survey Feet, Northing- 2,294,411.825 and Easting: 5,754,942.757, North American
Datum of 1983, epoch 1991.35 (1992 adjustment) as converted according to the published values listed by the City
of San Luis Obispo Public Works Department, Engineering Division, and viewed on the World Wide Web at
www. slocity .org/publicworks /surveyingg_asp;
Thence, N 16° 23' 11" W, 5561.14 feet to the East comer of said Lot 17 (S -201) marked by a chiseled cross in
concrete on top of the westerly culvert headwall as shown on Parcel Map CO- 70 -76, filed in Book 5, at Page 13 of
Parcel Maps in the office of the Recorder for said County, referred to hereinafter as Point "C", being S 69° 36' 50"
E, 2766.58 feet from a3/4" iron pipe with tag stamped LS 2391 marking the comer common to Lots 17, 18, 46 and
49 (S -196) of said,subdivisions of the ranchos Canada de Los Osos and La Laguna;
Thence, S 71° 08'l 5" W, 1454.12 feet to Point "E" on the northerly boundary of that Conservation Easement
described as "Area 5" in Document# 2005071748 of Official Records filed in the office.of the Recorder for said
County;
Thence, on the northwesterly and southwesterly boundary of said "Area 5 ", S 45° 41' 25"W, 202.46 feet (L88);
Thence,. S 35° 42' 16" W, 97.82 feet (L89);
Thence, S 46° 54' 22" W, 101.55 feet (L77) to the True Point of Beginning referred to here as Point "F ";
Thence,.leaving.the southwesterly boundary of said "Area 5 ", S 43° 56' 27" W, 65.00 feet (L94);
Thence, S 46° 03' 33" E, 155.00 feet (L95);
Thence, N 43° 56' 27" E, 75.00 feet (L96);
Thence, N 46° 03' 33" W, 68.43 feet (L97);
Thence, N 65° 36'34" W, 10.76 feet (L98);
Thence, N 46° 03' 33" W, 82.60 feet (1,78) to a point of beginning;
"Land Area 7" contains 0.25 acres.
Bearings shown hereon are based upon the World Geodetic System of 1984 (WGS84) reference frame as
determined from GPS observations obtained in November 2004, and constrained to California State Plane
Coordinate System, Zone 5, at the above referenced geodetic control monument, to convert the herein above grid
bearings to geodetic bearings rotate counter - clockwise 10 32' 26.26 ", and to obtain ground level distances multiply
the herein above described grid distances by 1.000037396.
End Description
�� SANG ,,Lkb
Prepared by:
bl6el S. Hu chinson, LS 5139 license renewal 6 /30/07) ` $
Date: ° N0. 5139 :
Xc Of CALIEv�
Page 1 of 1
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