HomeMy WebLinkAboutD-1725A APN 073-321-003, 073-321-013 - Mount Diablo base & Meridian Recorded 06/28/2007• DG i
JULIE RO D E1NAl� sr2sr2oo7
San Luis Obispo Coun ClerklRecorder 8:00 AM
Recorded at the request of
Recording requested by:
First American Title Coupany
and when recorded, return
and mail tax statements to:
The City of San Luis Obispo
Attni Audrey Hooper, City Clerk
990 Palm Street
San Luis Obispo, CA 93401
First American Title Company
D 0 C #: 2007043655 Titles: 1 Pages: 6
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
Q di� f5 PILED FEE PAID EXEMPT OUT OF
GRANT DEED STATE
Documentary transfer is $ -0 -. This is a bona fide gift and the grantor received
nothing in return RAT 11911.
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY, a California nonprofit corporation,
hereby grants to the CITY OF SAN LUIS OBISPO, a municipal corporation and political
subdivision -of the State of California, all of its right, title and interest in
that property situated in the unincorporated area of the County of San Luis Obispo,
State of California, described as follows:
EXHIBIT "A" attached hereto and hereby incorporated
And a 50% undivided interest in that property situated in the unincorporated area
of the County of San Luis Obispo, State of California, described as follows:
EXHIBIT "B" attached hereto and hereby incorporated
SUBJECT TO easements, assessments, offers to dedicate, covenants, conditions and
restrictions of record, including Essential Deed Provisions described as follows:
EXHIBIT "C" attached hereto and hereby incorporated
Witness my hand this day of June, 2007.
THE LAND CONSERVACY OF SAN LUIS OBISPO COUNTY:
By
Gary Felsman, President
State of CALIFORNIA, }
County of San Luis Obispo Iss.
On June Z�Sfi , 2007, before me, 0_t TJ LM(D. +�aej , Notary Public,
personally appeared before Gary .Felsman, 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.
WI S my and and o i ial seal.
CATHERINE C. DffnMN
_ Commisftn # 1646029
(Seal) Notary Public - Caftmic
4b, SRuNaus County
yCanrn. ExpUes,Feb.18. 2010
EXHIBIT "A"
Legal Description of Properly
Real property in the unincorporated area, County of San Luis Obispo, State of California,
described as follows:
Parcel l: ,
THE SOUTH ' /z OF THE SOUTHWEST 1/40F SECTION 35, TOWNSHIP 29 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
APN 070 - 061 -018
Parcel 2:
LOTS 1, 8, AND 9 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE
12.EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIF_ ORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
APN 073- 321 -003
EXHIBIT 1113"
Leal Descri ®lion of Prollerty
0
50 % undivided interest in real property in the unincorporated area, County of San Luis
Obispo, State of California, described as follows:
Parcel 3:
LOT 5 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12 EAST,
MOUNT DIABLO BASE. AND MERIDIAN, IN THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
LOTS 6, 7, 8, 10, 11, 12, AND 13 OF FRACTIONAL SECTION 3, TOWNSHIP 30
SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM AN UNDIVIDED '/2 INTEREST IN AND TO ALL
MINERAL SUBSTANCES, EXCEPTING THEREFROM OIL AND GAS, WITH THE
-RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM, RESERVED
BY P.A.H. ARATA AND GRACE R_ ARATA IN DEED RECORDED JANUARY 13,
1930 IN BOOL 81 PAGE 291 OF OFFICIAL RECORDS.
APN 073 - 321 -013
EXHIBIT "C"
Essential Deed Provisions In Favor of the
Department of the Army of the United States of America
Notice is hereby given that Grantee is obligated to make and does hereby make certain
agreements in favor of specified public entities in connection with and in consideration of
funding set forth from such entities for the acquisition of the real property described in
the Grant Deed to which this Exhibit is attached. Grantee agrees to use, manage, operate,
and maintain the real property in accordance with the purposes set forth under
Cooperative Agreement No. W9133N -06 -2 -3058 made by and between the National
Guard Bureau and The Land Conservancy of San Luis Obispo County, dated as of 30
June 2006, and Grantee is hereby on notice of the Army's rights and interests under 10
U.S.C. 2684a(d )(3), cited below.
Sec. 2684a. Agreements to limit encroachments and other constraints
on military training, testing, and operations.
- STATUTE-
(a) Agreements Authorized. - The Secretary of Defense or the
Secretary of a military department may enter into an agreement with
an eligible entity described in subsection (b) to address the use
or development of real property in the vicinity of a military
.installation for purposes of -
(1) limiting any development or use of the property that would
be incompatible with the mission of the installation; or
(2) preserving habitat on the property in a manner that -
(A) is compatible with environmental requirements; and
(B) may eliminate or relieve current or anticipated
environmental restrictions that would or might otherwise
restrict, impede, or otherwise interfere, whether directly or
indirectly, with current or anticipated military training,
testing, or operations on the installation.
(b) Eligible Entities. - An agreement under this section may be
entered into with any of the following:
(1) A State or political subdivision of a State.
(2) A private entity that has as its stated principal
organizational purpose or goal the conservation, restoration, or
preservation of land and natural resources, or a similar purpose
or goal, as determined by the Secretary concerned.
(c) Inapplicability of Certain Contract Requirements. - Chapter
63 of title 31 shall not apply to any agreement entered into under
this section.
(d) Acquisition and Acceptance of Property and Interests. - (1)
An agreement with an eligible entity under this section may provide
for -
(A) the acquisition by the entity of all right, title, and
interest in and to any real property, or any lesser interest in
the property, as may be appropriate for purposes of this section;
and
(B) the sharing by the United States and the entity of the
acquisition costs.
0 0
(2) Property or interests may not be acquired pursuant to the
agreement unless the owner of the property or interests consents to
the acquisition.
(3) The agreement shall require the entity to transfer to the
United States, upon the request of the Secretary concerned, all or
a portion of the property or interest acquired under the agreement
or a lesser interest therein. The Secretary shall limit such
transfer request to the minimum property or interests necessary to
ensure that the property concerned is developed and used in a
manner appropriate for purposes of this section.
(4) The Secretary concerned may accept on behalf of the United
States any property or interest to be transferred to the United
States under the agreement.
(5) For purposes of the acceptance of property or interests under
the agreement, the Secretary concerned may accept an appraisal or
title documents prepared or adopted by a non - Federal entity as
satisfying the applicable requirements of section 301 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40,
if the Secretary concerned finds that the appraisal or title
documents substantially comply with the requirements.
(e) Acquisition of Water Rights. - The authority of the Secretary
concerned to enter into an agreement under this section for the
acquisition of real property (or an interest therein) includes the
authority to support the purchase of water rights from any
available source when necessary to support or protect the mission
of a military installation.
(f) Additional Terms and Conditions. - The Secretary concerned
may require such additional terms and conditions in an agreement
under this section as the Secretary considers appropriate to
protect the interests of the United States.
(g) Funding. - (1) Except as provided in paragraph (2), funds
authorized to be appropriated for operation and maintenance of the
Army, Navy, Marine Corps, Air Force, or Defense -wide activities may
be used to enter into agreements under this section.
(2) In the case of a military installation operated primarily
with funds authorized to,be appropriated for research, development,
test, and evaluation, funds authorized to be appropriated for the
Army, Navy, Marine Corps, Air Force, or Defense -wide activities for
research, development, test, and evaluation may be used to enter
into agreements under this section with respect to the
installation.
(h) Definitions. - In this section:
(1) The term "Secretary concerned" means the Secretary of
Defense or the Secretary of a military department.
(2) The term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Marianas, and the territories and possessions of the United
States.
-SOURCE -
(Added Pub. L. 107 -314, div. B, title XXVIII, Sec. 2811(a), Dec. 2,
2002, 116 Stat. 2705.)
-End-
r 1
6J
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Land
Conservancy of San Luis Obispo County, dated June 21, 2007 to the CITY OF SAN
LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer
on behalf of the City Council pursuant to authority conferred by Resolution No. 5370
(1984 Series) recorded June 15, 1984 in Volume 2604, Official Records, Page 878,
San Luis Obispo County, California and the Grantee consents to recordation thereof
by its duly authorized officer or his agent.
Date: 6120107
CITY OF SAN LUIS OBISPO
.
By: �
David F. Romero, Mayor
ATTEST:
By., ,
Aulmm blo per, CMC
city Cle'rk`• `
JV }'. iif �� }•
END OF DOCUMENT