HomeMy WebLinkAboutD-1732 285 Bridge Street - Tract 1150 - APN 053-022-016 Recorded 06/21/2007c:
RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY
ESCROW NO. 4009-2753492(L!3)
WHEN RECORDED MAIL TO:
City,of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: Neil Havlik
NO FEE DOCUMENT PURSUANT TO
CALIFORNIA GOVERNMENT CODE
SECTIONS 6103 & 27383.
1�
JULIE RODEWALD
San Luis Obispo County— clerk/Recorder
LO
6/21/2007
i Recorded at the request of
First American Title Company
8:00 AM
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D O C # : 2007042000
Titles: 1
Pages: 1$
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Fees
Taxes
0.00
0.00
Others
0.00
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PAID
$0.00
Space above this line for Recorder's use Lj aw
Deed of Conservation Easement
Documentary Transfer Tax: NONE — not a sale, no consideration — Grantee is a
Government Entity, exempt from transfer tax R &T 11922
City of San Luis Obispo
First American Title Company has recorded"tls Instrument by request as an
accommodation only and has not examined it for regularity and sum- ciency or as
to its effect upon the Gee to any real propel Q' tiaf may be described therein.
DEED OF CONSERVATION EASEMENT
John E. King and Carole D. King, and the City of San Luis Obispo
THIS DEED OF CONSERVATION EASEMENT dated May 15, 2007 by John E. King
and Carole D. King, husband and wife, having an address at 285 Bridge Street, San Luis
Obispo, CA. 93401 ( "Grantor"), in favor of the City of San. Luis Obispo, a chartered municipal
corporation of the State of California, having an address at 990 Palm Street, San Luis
Obispo, CA 93401 ( "Grantee "),, is made with respect to the following:
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting
of one Assessor's parcel.in San Luis Obispo County, California., more particularly described
in Attachment A attached hereto and incorporated by this reference (the "Property"); and
WHEREAS, portions of the Property possess natural resource values including wildlife
and plant resources, and scenic open space values (collectively, the conservation values) of
great importance to Grantor, the people of the City of San Luis Obispo, and the people of the
State of California; and
WHEREAS, due to soil conditions and slopes, those portions of the property have
limited agricultural value; and
WHEREAS, Grantor and Grantee intend that. the conservation values of the property
be preserved and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further 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 is a chartered municipal corporation of the State of California
that is authorized to accept Conservation Easements; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor
stated herein and 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 California and in
particular Sections 815 and 816 of the Civil Code - Conservation Easements, Grantor hereby
voluntarily grants and conveys to the Grantee a Conservation Easement in gross in
perpetuity over that portion of the Property having the values described above and as
described in Attachment B. Said area shall be referred to hereinafter as the Easement Area.
Purpose. It is the purpose of this Easement. to assure that the property,
subject to the existing uses described herein, will be retained forever in its
predominantly natural, scenic, and open space condition and to prevent any
use of the Property that will significantly impair or interfere with the conservation
values of the Property. The conservation values of particular importance
include the grassland and woodland communities existing on the site and their
importance to wildlife. These values also include the scenic quality of the
undeveloped land that is visible from the surrounding community, the value of
the land as a watershed and the benefits provided with the prevention to
erosion, and protection of water quality, and the value of the land as it supports
riparian vegetation along its drainage ways and creeks.
2. Rights of Grantee. To accomplish the purpose of this Easement, the following
rights are conveyed to Grantee by this Easement:
(a) To manage for the public benefit all activities incidental to management of
the Easement Area involving public access, safety, and conservation of natural
resources. Specifically, Grantor allows non - motorized public access to the
Easement Area consist with reasonable rules and regulations established by
Grantee. Grantor also allows Grantee to undertake minor improvements to
such access for the purpose of protection of natural resources or for the public
safety.
(b) To enter upon the Easement Area 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.
3. Prohibited Activities. Any activity on or use of the Easement Area inconsistent
with the ,purpose of this Easement is prohibited. Without limiting the generality
of the foregoing, the following activities and uses are prohibited from being
established:
(a) Subdivision of the land pursuant to the California Subdivision Map Act.
(b) Building or erection of structures of any kind.
(c) Cutting or removal of trees, except as may be necessary for health of the
remaining trees or for public safety.
(d) Mining or other mineral exploration or exploitation of the property.
(e) The exploration, collection of and delivery of water to any other property.
(f) Grading, other than for purposes of providing hiking or riding trails on the
site consistent with generally accepted standards, or for the reasonable
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maintenance or improvement of the several access roads which currently
exist within the Easement Area.
4. Access Road to Communication Sites on Adjacent Land. Grantee and Grantor
agree to jointly enforce standards upon the condition of, and use of, the road
currently used for access to the several communication sites on private lands to
the west of the Property. Such standards may include, but are not limited to:
installing proper grading, surfacing, drainage facilities and undercrossing for
natural waterway flows, and protection of sensitive resources and natural
habitat that exists alongside said access road. Grantee and Grantor further
agree to require users of said road to provide funding for the improvements
necessary to bring the road to acceptable standards and for ongoing
maintenance. The standards to be applied shall be no less than the design and
construction standards utilized by the Natural Resources Conservation Service,
U. S. Department of Agriculture (NRCS- USDA), in that agency's private
landowner assistance programs.
5. Reserved Rights. Grantor reserves to himself, and to his personal
representatives, heirs, successors, and assigns, all rights accruing 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 or are inconsistent with the purpose of this Easement. Grantor
specifically reserves the right to use portions of the Easement Area for habitat
mitigation purposes in consultation with Grantee and as required by the
Conditions of approval of Tract No. 2428 in the City of San Luis Obispo.
6. Baseline Documentation. The parties agree that the specific conservation
values of the property shall be documented in a report ( "the Baseline Report")
that shall be completed within thirty days of the transfer of this Deed of
Conservation Easement, and that both Grantee and Grantor shall receive true
copies of this report. The Report shall consist of maps, photographs, and other
documentation that, the parties must agree in writing, 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
7. Arbitration. Any controversy arising from this Easement or its breach shall be
determined by three arbitrators appointed as set out below:
(a) Within thirty (30) days after a notice by either party to the other
requesting arbitration and stating the basis of the party's claim, one arbitrator
shall be appointed by each party. Notice of the appointment shall be given to
each party and to the other party when made.
(b) The two arbitrators shall immediately choose a third arbitrator to act with
them. If a party fails to select an arbitrator within the time allowed or if the two
arbitrators fail to select a third arbitrator within 14 days after their appointment,
on application by either party the third arbitrator shall be promptly appointed by
the then presiding judge of the Superior Court of the State of California in and
for the County of San Luis Obispo acting as an individual within 14 days. The
party making the application shall give the other party 14 day's notice of the
application.
The arbitration shall be conducted under the Code of Civil Procedures (Section
1280 - 1294.2). Hearings shall be held in San Luis Obispo County, California.
Both parties agree by signing this .Easement that they are agreeing to have any
dispute arising from the matters included in the Arbitration provisions of this
Easement decided by neutral arbitration as provided by California law and that
each party is giving up any rights to have the dispute litigated in a court or by a
jury trial. By signing this Easement, each party is giving up their judicial rights
to discovery and appeal unless such rights are specially requested in the notice
requesting Arbitration or as permitted by CCP 1280 et.seq. If either parry
refuses to submit to arbitration, they may be compelled to arbitrate under the
authority of the California Code of Civil Procedure.
8. Grantee's Remedies. 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 a 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, fails to begin curing such violation within
the thirty (30) -day period, or fails 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 the Easement, to enjoin the
violation, ex parte 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 by this Easement,
including damages for the loss of scenic, aesthetic, or environmental values,
and to require the restoration of the Property to the condition that existed prior
to any such injury. Without limiting Grantor's liability therefore, Grantee, in its
sole discretion, may apply any damages recovered to the cost of undertaking
any correction 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 Paragraph without prior notice to Grantor or
without waiting for the period provided for cure to expire. Grantee's rights
under this Paragraph apply equally in the event of either actual or threatened
violation 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 necessary 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.
9. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms
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 borne by Grantor. If Grantor prevails in
any action to enforce the terms of this Easement, Grantor's costs of suit,
including, without limitation, attorneys' fee, shall be borne by Grantee. If
Grantee prevails in any action to enforce the terms of this Easement, Grantee's
costs of suit, including without limitation, attorneys' fees, shall be borne by
Grantor.
10. 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 of Grantee's rights under this Easement. No delay or omission
by Grantee in the exercise of any right or remedy upon any beach by Grantor
shall impair such right or remedy or be construed as a waiver.
11. Waiver of Certain Defenses. Grantor and Grantee hereby mutually waive any
defense of laches, estoppel, or prescription.
12. 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.
13. No Undue Expense to Grantor. Under the express terms of this Deed of
Conservation Easement, Grantor shall not incur any expense with maintaining
the property as open space, except for costs of necessary annual fire hazard
abatement in accordance with City fire regulations. Upon recordation of the
final map, responsibility for hazard abatement maintenance and its expense will
be transferred to the Tract 2428 subdivision's homeowners association, which
shall be formed prior to conveyance of the first lot. All other expenses
associated with conservation efforts Grantee determines to be necessary to
preserve the open space easement shall be borne by Grantee, unless and to
the extent Grantor is in violation of this Deed of Conservation Easement, in
which case provisions herein shall control.
14. Taxes. Grantor shall pay 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, and shall furnish Grantee with satisfactory evidence
of payment upon request subject to the right to contest any such taxes.
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15. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee
and its directors, officers, employees, agents, and contractors and their heirs,
personal representatives, successors and assigns of each of them (collectively
"Indemnified Parties ") from and against all liabilities, penalties, costs, losses,
damages, expenses, causes of action, claims, demands, or judgments,
including, without limitation, reasonable attorney's fees, arising from or in any
way connected with: (1) injury to or death of any person; (2) 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 to the sole negligence of any of the Indemnified parties; (3) the obligations
specified in paragraph 12; or (4) the existence of this Easement.
Grantee shall hold harmless, indemnify, and defend Grantor and its directors,
officers, employees, agents, and contractors and their heirs, personal
representatives, successors and assigns of each of them (collectively
"Indemnified Parties ") from and against all liabilities, penalties, costs, losses,
damages, expenses, causes of action, claims, demands, or judgments,
including, without limitation, reasonable attorney's fees, arising from or in any
way connected with: (1) injury to or death of any person; (2) 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 to the sole negligence of any of the Indemnified parties; (3) the obligations
specified in paragraph 12; or (4) the existence of this Easement
16. Extinguishment. If circumstances arise in the future such as 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 (if any) to
which Grantee shall be entitled, after the satisfaction or 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 as
provided by California law.
17. Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, Grantee shall be entitled to compensation in
accordance with applicable law.
18. Assignment. This Easement is transferable, but Grantee may assign its rights
and obligations under this Easement only to an organization that is a qualified
organization at the time of transfer under Section 170(h) of the Internal
Revenue Code of 1954, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold conservation easements under state statue (or
any successor provision then applicable).
19. Subsequent Transfers. Grantor agrees to incorporate the terms of this
Easement in any deed or other legal instrument by which they divest
themselves 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
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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.
20. Certificates. Upon request by Grantor, Grantee shall within twenty (20) days
execute and deliver to Grantor any document, including an estoppel certificate,
which certifies Grantor's compliance with any obligation of Grantor contained in
this Easement and otherwise evidences the status of this Easement as may be
requested by Grantor.
21. Notices. Any notice, demand, request, consent, approval, or communication
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: Mr. John E. King
King Ventures, Inc.
285 Bridge Street
San Luis Obispo, CA. 93401
To Grantee: Mr. Ken Hampian, City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
or to such other address as either party from time to time shall designate by
written notice to the other.
21. Recordation. Grantee shall record this instrument in a timely fashion in the
official records of San Luis Obispo County, California, and may re- record it at
any time as may be required to preserve its rights in this Easement.
22. Monitoring. The Grantee or its designee shall conduct annual monitoring of
the conservation values within the Property. Such monitoring shall be done in
accordance with a systematic and routine checklist designed to facilitate the
identification of trends and changes of the conservation values over time. A
copy of each monitoring report shall be given to the Grantor.
23. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement
shall be government by 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 and the policy and purpose of the
Conservation Act of 1979 as described in Sections 815 through 816 of the
California Civil Code. If any provision in this instrument is found to be
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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) Severability: If any provision of this Easement, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of
the provisions of this Easement, or the application of such provision to persons
or circumstances other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
(d) Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Easement.and superseded all prior discussions,
negotiations, understandings, or agreements relating to the Easement, all of
which are merged herein.
(e) 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 perpetually with the Property.
(f) 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.
(g) 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 has set their hand on the day and year first written
above.
GRANT
C ar '95, D. King
STATE OF CALIFORNIA
ss.
COUNTY OF SAN LUIS OBISPO
On June 20, 2007 , before me, L. A. BLASOUEZ , a Notary Public, personally appeared
JOHN. E. KING and CAROLE D. KING , 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.
WITNES
Signature
Notary Name:. L. A. BLASOUEZ
Notary Phone Number: 805 - 786 -2038
(please PRINT)
Notary Registration Number: 1601565
Commission Expiration Date: 9 -16 -09
County of Principal Place of Business San Luis Obispo
Ma Vision Form SAS03CA Rev. 06/23199
L. A. BLASOUE2
N COMM, # 1601565 <
"' Notary Public-California r
County of San Luis Obispo
My Comm. Ex R. Se t, 16, 200 I
ATTACHMENT A
Legal Description of the Property
Real property in the unincorporated area of the San Luis Obispo County of San Luis Obispo, State
of California, described as follows:
PARCEL 1:
Lot 31 of the Map of the Subdivisions of a Tract of land adjoining the Town of San Luis Obispo,
the Property of W.L. Beebee and C.H. Phillips surveyed by R.R. Harris, November 1874, partially
in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to
map recorded in the office of the County Recorder of said County.
EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887
and recorded May 5, 1887 in Book X, Page 58 of Deeds.
ALSO EXCEPTING therefrom that portion conveyed to the City of San Luis Obispo in deed
recorded November 15, 1974 in Book 1806, Page 315 of Official Records.
ALSO EXCEPTING therefrom Lots 1 through 40, Lot A, Stoneridge Drive, Bluerock Drive, Bluerock
Court and Rockview Place as shown upon the map of Tract No. 1150, in the County of San Luis
Obispo, State of California, according to map recorded in Book 13, Page 48 of Maps, in the office
.of the County Recorder of said County.
ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the
City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records.
ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis
Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office
of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as
Instrument No. 1998 - 027041 of Official Records.
PARCEL 2:
All that part of Government Lots 3 and 4 and the South 1/2 of the Northwest 1/4 of Section 2 in
Township 31 South, Range 12 East, Mount Diablo Base and Meridian, partially in the City of San
Luis Obispo, in the County of San Luis Obispo, State of California, according to the official plat of
the survey of said land approved by the Surveyor General on November 21, 1867, described as
follows:
Beginning at the 1/4 section corner between Sections 2 and 35 on the line between Townships
30 and 31 South, Range 12 East, Mount Diablo Base and Meridian and running thence West
between Sections 2 and 35 aforesaid about 30 chains to post R. No. 2; thence South 40.25
chains to a post marked R. No. 1 on the center East and West line of Section 2; thence East
about 30 chains to the center of said Section 2; thence North about 40 chains to the place of
beginning.
EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887
and recorded May 5; 1887 in Book X, Page 58 of Deeds.
ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the
City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records.
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ALSO EXCEPTING therefrom those portions offered for dedication to the City of San Luis Obispo,
in the documents recorded in Book 2881, Page 726 and in Book 2881, Page 730 of Official
Records.
ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis
Obispo, State of California, as recorded March 21; 1997 in Book 18, Page 1. of Maps, in the office
of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as
Instrument No. 1998 - 027041 of Official Records.
APN:053- 022 -016
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ATTACHMENT B
Legal Description of Easement Area
An'Easenient for Conservation Purposes lying over, under and upon a portion of
thr~:Remainder Parcel of Tract 1150 in the City and County of San Luis Obispo,
State of California also being designated as "NOT A PART' according to. Map
Book 13, Page 48 recorded in the office of the Recorder of said County, said
Easement being more particularly described as follows:
Beginning at a one and one half inch iron pipe tagged RCE 29930 found at the
Northeast comer of Lot 1 of Tract 1476 according to Map Book'13, pa,
age. 98;
thence along the West line of said Remainder of Tract 1150,
Noah 00 19'23" West, 1036.06 feet to the Southerly Botindary of that certain
par I of land designated as "OPEN SPACE" being described and conveyed in.
....
GIFT DEED recorded as Document Number 1993 - 019760 in Book 4068, Page
185..of Official. Records of said County, which bears South 00 19' 23" Ea st,
602.61 feet from the Northwest corner of said Remainder of Tract 1150; thence,
along said Southerly Boundary,
South 890'21'39" East, 1046.49 feet; thence,
South 430 59'31-" East, 257.15 feet; thence,
South 61 ° 08' 47' East, 434.15 feet; thence,
South 450 04' 22" East, 438.39 feet; thence,
South 3611 06' 01" East, 544.04 feet; thence,
South 40° 31' 18" East, 905.97 feet to the Southwesterly terminus of the course
on the easterly line of said remainder labeled North 350 34"5r' East, 53.62.feef
on said Map of Tract 1150; thence the following courses along said Easterly line,
South 0311 08' 15" East, 119.56 feet; thence,
South 66° 24'50" West, 49.12 feet, thence,
South' 69° 06' 01" West, 137.34 feet; thence,
South 16"15'34 East, 34.13 feet to a one and one quarter inch iron pipe tagged
LS X877 found at the Southeast comer of said Remainder of Tract 1150;.'ttience
aloe g Ihe' South. line of said Remainder,
South 89° 51' 51" West, 687.99 feet to the Northeast comer of Lot 31 of San Luis
Obispo Suburban Tract according to Licensed Surreys Book 1, Page 92; thence
continuing along said line,
South 891, 5V.51 11 West, 40.42 feet to Tract 2428; thence along Tract 2428;
North, 02° 08' 49" West,. 57.23 feet; thence,
North 19° 42'45" West, 62.66 feet; thence,
I'
North 380 11' 27" West, 62.66 feet; thence,
North`54° 57' 47" West, 51.16 feet, thence,
North -62° 26' 12 "'West, 46.59 feet; thence,
North 5311 20' 07" West, 46.00 feet; thence,
South 360 39' 53" West, 99.53 feet; thence,
North 530 20'07" West, 77.48 feet; thence,
North 37° 48' 23" f=ast, 99.55 feet; thence,
North 52° 67'42 West, 46.00 feet; thence,
North 540 13'48" West, 52.97 feet; thence,
North 570 22'25" West, 54.39 feet; thence,
Noith.63019' 19" West, 48.57 feet; thence,
North 590 58' 50" West, 44.13 feet; thence,
N6ith53°'09"'04" West, 44.13 feet; thence,
North 46° 19' 18" West, 44.13 feet; thence,
Nor h 39° 45' 59" West, 40.59 feet; thence,
South 530 22' 26" West, 99.53 feet to the beginning of anon - tangent curve
concave Northeasterly with a Radius of 470.00 feet; thence from a semi- tangent,
bearing of North 360 37' 34" West along said curve Northwesterly and to the
Right through a Central angle of 80 24' 02" for an Arc length of 68.91 feet;
thence,
North 280"13' 32" West, 16.03 feet; thence,
North 610 46'28" East; 99.53 feet; thence,
Nor h'28° 13' 32" West, 96.00 feet; thence,
North 280 40' �35" West, 52.74 feet; thence,
North 36" 17'25" West, 59.48 feet; thence,
North 46-"13'30- West, 54.21 feet; thence,
South 390 04' 50" West, 99.53 feet to the beginning of a non - tangent curve
concave Southwesterly with a Radius of 230.00 feet thence from a semi- tangent
beAOhg of North 500 55' 10" West along said curve Northwesterly and to the Left
through a Central angle of 18° 29' 31 "for an Arc Length of 74.23 feet; thence,
North 31" 20' 13" East, 105.80 feet; thence,
North 72" 42' 36" West, 77.68 feet; thence,
North 8511 05' 45" West, 66.66 feet; thence,
South 860 31' 51" West, 39.85 feet; thence,
South 130 20' 34" West, 56.26 feet; thence,
South 27° 09' 11 ". West, 36.74 feet; thence,
South 230 24'W West, 35.07 feet to the beginning of a non - tangent curve
concave Southeasterly with a Radius of 230.00 feet; thence from a semi - tangent
bearing of South 67" 27' 56" West along said curve Southwesterly and to the Left
through 'a Central angle of 60 17' 13" for an Arc Length of 25.24 feet; thence;
2L'.7 -. s1 n r
South 610 10'43" West, 46.13 feet to the beginning of a tangent curve concave
Noithwesferly with a Radius of 470.00 feet; thence along said curve
Southwasterly and to the Right through a Central angle of 1 ° 01' 48" for an Arc
Le€gth of 8.45 feet; thence,
North 230 24' 54" East, 38.13 feet; thence,
North .4 020"28" West, 82.91 feet; thence,
South 620 03' 12" West, 70.32 feet; thence,
South 68'05T 12" West, 78.46 feet; thence,
South' 78° 29'.39" West, 176.27 feet; thence,
Sto ith' 83° 01' 30" West, 54.56 feet; thence,
Sc4h 860 41' 29" West, 22.56feet; thence,
North 88° 41' 32" West, 41.71 feet; thence,
North 72° 42' 52" West, 205.13 feet; thence,
North 62° 13' 12 West, 114.81 feet; thence,
North 67"18' 09" West, 136.77 feet to the West line of the Remainder of Tract
1'1 a ; -thence along said West line,
North 0° 23' 22" West, 144.25 feet to the Point of Beginning and containing 71.36
acres, more or less.
August 29, 2006
END OF DESCRIPTION
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in veal property conveyed by John E. King and
Carole D. King, husband and wife, dated May 15, 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, Califomia and the Grantee consents to recordation thereof
by its duly authorized officer or his agent.
Date: 5124107
ATTEST:
.gy dw,
K,
ppi'k� C1fj!
CITY OF SAN LUIS OBISPO
By.
David F. Romero, Mayor
END Of DOCUMENT
STATE OF CALIFORNIA
l
COUNTY OF San Luis Obispo
}ss.
E
o
On April go, 1987
before me, the undersigned, a Notary Public in and for
U
c
said State, personally appeared
Patrick NJ Smi th ,
A
u
E
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Q
known to me to be rtP XK
partnerlsof the partnership
'+•
c�
♦ o+- oeeeeee000eeoeeeeeerseoeseo�
that executed the within instrument and acknowledge(? to me that♦
OFFICIAL SEAL
such partnership executed the same.
♦ Sandra L. Naumann
;
Notary Public-California
1
7
WITNESS my hand and official seal.
Principal Office In
e
San Diero County
o
g
'� ��• "' My Comm. Exp. Oct. 26, 1988
4
E
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Aeeoee000seeeeeeeeeeeoeeoeeeee�
1 o
Signatur
2988 540
VOL PACE
Name (Typed or Printed) (This area for offtctal notarial seal)