HomeMy WebLinkAboutD-1914 Remainder of portion of Sec. 6 T31S R13E, Remainder of 130 Recorded 04/03/2012at of sAn !uit oBispo
990 Palm Street, San'Luis Obi; JULIE RQDEWALD IF
San Luis Obispo County— Clerk/Recorder 4/03/2012
RECORDING REQUESTED BY Recorded at the request � of 3:48 PM
' public
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
ooCw: 2012018089
11111111111111111111111111
Titles: 1
Pages: 23
Fees
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PAID
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This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
.Corporation, and is exempt from fee per Government Code Sections 27383.
CERTIFICATE OF ACCEPTANCE — DEED OF OPEN SPACE AND
CONSERVATION EASEMENT
PARSONS, HELPMENSTINE, ESAJIAN
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410. /q/4
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by DEED OF OPEN SPACE
AND CONSERVATION EASEMENT, dated March 24, 2012, by and between BARBARA
PARSONS, Trustee of the Barbara Parsons Trust Under Agreement Dated January 28,
2000, JEANNE HELPHENSTINE, an unmarried woman, and GARY E. ESAJIAN AND
EL-ENE P. ESAJIAN, Co- Trustees of the Gary E. Esajian and Elene P. Esajian Family Trust
Under Declaration of Trust, dated June 29, 2006, ( "Grantor'), and the CITY OF SAN LUIS
OBISPO, a municipal 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 Grantor hereby consents to recordation thereof by its duly authorized
officer or his agent..
Date: �� 0012--
CITY OF SAN LUIS OBISPO
by:
J owell Marx, Mayor
ATTEST:
Elaina Cano, City Clerk
'`'_RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY ATTORNEY
CITY OF SAN LUIS OBISPO
990 PALM STREET
SAN LUIS OBISPO, CA 93401
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OPEN SPACE AND CONSERVATION EASEMENT
THIS OPEN SPACE AND CONSERVATION EASEMENT ( "Easement") dated
2012 by BARBARA PARSONS, Trustee of the Barbara Parsons Trust
Under Agreement dated January 28, 2000, JEANNE HELPHENSTINE, an unmarried woman and
GARY E. ESAJIAN and ELENE P. ESAJIAN, Co- Trustees of The Gary E. Esajian and Elene P:
:Esajian Family Trust Under Declaration of Trust, dated. June 29, 2006, having a mailing address at
4650 Portola Road, Atascadero; CA 93422 (collectively "Owner'), 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 ( "City "), is made with respect to the following:
RECITALS
WHEREAS, Owner is the owner in fee simple of certain real property consisting of several
Assessor's parcels in the County of San Luis Obispo, California, more particularly described in
Exhibit . "A "... and as shown on Exhibit "B" 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 Owner, 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, Owner and City intend that the Conservation Values of the Property be preserved
and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Owner further intends, as owner of the Property, to convey to City the right to
preserve and protect the Conservation Values of the Property in perpetuity; and
WHEREAS, placement of an open space and agricultural conservation easement on a portion
of the Property was required by the San Luis Obispo County Local Agency Formation Commission
(LAFCo) pursuant to Condition of Approval No. A, which approved annexation of nearby land into the
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City of San Luis Obispo, in order to meet specific conditions of said annexation under the policies of
the LAFCo; and
WHEREAS, City is a chartered municipal corporation of the State of California that is
authorized to accept Conservation Easements; and
WHEREAS, City agrees by accepting this grant to honor the intentions of Owner 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, the parties agree as follows:
AGREEMENT
1. Grant of Easement.. Commencing upon recordation of this Easement, Owner hereby
grants and conveys to the City a conservation easement in perpetuity over that portion of the
Property as described in the attached Exhibit "C" and as shown on Exhibit :.'D ", excepting therefrom
any areas required for development of infrastructure incident to' deVelopment of the Property,
including but not limited to roads, sidewalks, landscaping and utility lines ( "Property Infrastructure ").,
Such area shall be referred to hereinafter as the "Easement Area ".
2. Purpose. It is the purpose of this Easement to assure that the Easement Area, 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 Easement Area that will significantly impair
or interfere with the Conservation Values of the Easement Area. The Conservation Values of
particular importance include the grassland and wildlife habitat communities existing in and on the
Easement Area. 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.
3. Rights of City. To accomplish the purpose of this Easement, the following rights shall
be granted to City by this Easement:
3.1 Upon the vesting of a Tentative Map for all or a portion of the Property
( "Triggering Event "), 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,
Owner allows non - motorized public access to the Easement Area consistent with reasonable rules
and regulations established by City, and consistent with the adopted Orcutt Area Specific Plan. City
shall construct, maintain, and repair a suitable fence and appropriate signage between the
Easement Area and the Righetti Homesite (defined below) to ensure that people and domestic
animals in or on the Easement Area do not trespass on to the - privately owned Righetti Homesite.
Owner further shall allow City to undertake such other minor improvements as may be required to
accomplish the purpose of protection of natural resources or for the public safety.
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3.2. Upon recordation of the Easement, to' enter upon the Easement Area at
reasonable times in order to monitor Owner's compliance with and otherwise enforce the terms of
this Easement; provided that such entry shall be upon prior reasonable notice to Owner; and
3.3. Upon recordation of the Easement, to prevent any activity on or use of the
Easement Area that is inconsistent with the purpose of this Easement and to require the restoration
of such areas or features of the Easement Area that may be damaged by any inconsistent activity or
use.
4. 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:
4.1. Upon recordation of this Easement, the following activities and uses are
prohibited:
4.1.1. The Easement Area may be part of a subdivision which results in a legal
lot being created having boundaries corresponding to the boundaries of the Easement Area but may
not be subdivided further.
4.1.2. Building or erection of structures of any kind excepting fencing or
improvements associated with providing hiking trails or fencing separating the Property from the
Righetti Ranch Homesite on the Easement Area consistent with generally accepted standards.
4.1.3. Cutting or removal of trees, except as may be necessary for health of the
remaining trees or for public safety including maintenance of fire breaks and repair of slopes.
4.1.4. Mining or other mineral exploration or exploitation of the Easement-Area.
4.1.5. The exploration, collection of and delivery of water to any other property
other than the Righetti Homesite.
4.1.6. Grading, other than for the following purposes:
4.1.6.1. Providing hiking or riding trails on the Easement Area consistent
with generally accepted standards, or for the reasonable maintenance or improvement of the several
access roads which currently exist within the Easement Area; and
4.1.6.2. Grading associated with the maintenance and repair of slopes as
deemed appropriate by a qualified soils engineer; and
4.1.6.3. Completion of the Property Infrastructure and all other
infrastructure as permitted under the Orcutt Area Specific .Plan
5. Res erved Rights. From the date of recordation of this Easement until the Triggering
Event, Owner hereby reserves to himself, and to his personal representatives, heirs, successors,
and assigns, all rights accruing from their ownership of the Easement Area, including the right to
engage in or permit or invite others to engage in all uses of the Easement Area that are not
expressly prohibited under Section 4.1.2 through Section 4.1.6, all water rights of any kind or nature
and all rights incidental thereto (including but not limited to rights to construct and maintain a water
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supply system and pipelines to direct water) on the Easement Area for use on the Righetti Homesite,
and the right to use a portion of the Easement Area for habitat mitigation purposes in consultation
with the City. Notwithstanding the foregoing, upon the occurrence of the Triggering Event, Owner
shall relinquish all rights reserved under this section.
6. .Baseline Documentation. The parties agree that the City may elect to establish
specific conservation values of the Easement Area which may be documented in a report ( "the
Baseline Report'). In the event that the Baseline Report is prepared, both City and Owner shall
receive copies within 30 days of its completion. The Baseline Report shall consist of maps,
photographs, and other documentation that provide an accurate representation of the Easement
Area 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 Easement. The Baseline Report shall be prepared at
the sole cost of City.
7. City's Remedies. City shall have the right to prevent and correct violations of the term
of this Easement. If City determines that Owner is in violation of the terms of this Easement or that a
violation is threatened, City shall give written notice to Owner of such violation and demand
corrective action sufficient to cure the violation and, where the violation involves injury to the
Easement Area resulting from any use or activity inconsistent with the purpose of this Easement, to
restore the portion of the Easement Area so injured. If Owner fails to cure the violation- within thirty
(30) days after receipt of notice thereof from City, 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, City 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, 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 Owner's liability therefore, City, in its sole discretion,
may apply any damages recovered to the cost of undertaking any correction action on the Easement
Area. If City, in its sole discretion, determines that circumstances require immediate action to
prevent or mitigate significant damage to the Conservation Values of the Easement Area, City may
pursue its remedies under this section without prior notice to Owner or without waiting for the period
provided for cure to expire. City's rights under this section apply equally in the event of either actual
or threatened violation of the terms of this Easement, and Owner agrees that City's remedies at law
for any violation of the terms of this Easement are inadequate and that City shall be entitled to the
injunctive relief described in this section, both prohibitive and mandatory, in addition to such other
relief to which City 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. City's remedies described in this section shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity.
8. Costs of Enforcement. Any costs incurred by City in enforcing the terms of this
Easement against Owner,, including, without limitation, costs of suit and attorneys' fees, and any
costs of restoration necessitated by Owner's violation of the terms of this Easement shall be borne
by Owner. if Owner prevails in any action to enforce the terms of this Easement, Owner's costs of
suit, including, without limitation, attorneys' fee, shall be borne by City. If City prevails in any action
to enforce the terms of this Easement, City's costs of suit, including without limitation, attorneys'
fees, shall be borne by Owner.
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9. City's Discretion. Enforcement of the terms of this Easement shall be at the discretion
of City, and any forbearance by City to exercise its rights under this Easement in the event of any
breach of any term of this Easement by Owner shall not be deemed or construed to be a waiver by
City of such term or of any of City's rights under this Easement. No delay or omission by City in the
exercise of any right or remedy upon any beach by Owner shall impair such right or remedy or be
construed as a waiver.
10. Waiver of Certain Defenses. Owner and City hereby mutually waive any defense of
laches, estoppel, or prescription.
11.. Acts Beyond Owner's Control. Nothing contained in this Easement shall be construed
to entitle City to bring any action against Owner for any injury to or change in the Property resulting
from causes beyond Owner's control, including,, without limitation, fire, flood, storm, and earth.
movement, or from any prudent action taken by Owner under emergency conditions to prevent,
abate, or mitigate significant injury to the Property resulting from such causes.
12. No Undue Expense to Owner. Under the express terms of this Easement, Owner shall
not incur any expense with maintaining the Easement Area as open space, except for costs of
necessary annual fire hazard abatement in accordance with City fire regulations. Upon the
Triggering Event, responsibility for hazard abatement maintenance and its expense will be
transferred to the City. All other expenses associated with conservation efforts that City determines
to be necessary to preserve the open space easement shall be borne by City, unless and to the
extent Owner is in violation of this Easement, in which case provisions herein shall control.
13. Taxes. Owner 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 City
with satisfactory evidence of payment upon request subject to the right to contest any Taxes.
14. Hold Harmless.
14.1. From the date of recordation of this Easement until the Triggering Event, Owner
shall hold harmless, indemnify, and defend City and its directors, officers, employees, agents, and
contractors and their heirs, personal representatives, successors and assigns of each of them
(collectively "City 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: (a) injury to or death of any
person occurring on or about the Easement Area; (b) physical damage to any property, resulting
from any act, omission, condition, or other matter related to or occurring on or about the Easement
Area, regardless of cause, unless due to the sole negligence of any of the City Indemnified Parties;
or (c) the existence of this Easement.
14.2. Upon the occurrence of the Triggering Event and in perpetuity thereafter, City
shall hold harmless, indemnify, and defend Owner and its directors, officers, employees, agents, and
contractors and their heirs, personal representatives, successors and assigns of each of them
(collectively "Owner 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: (a) injury to or death of any
person occurring in or about the Easement Area; (b) physical damage to any property, resulting from
281917 l,dm
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any act, omission, condition, or other matter related to or occurring on or about the Easement Area,
regardless of cause, unless due to the sole negligence of any of the Owner Indemnified Parties; ..or
(c) the existence of this Easement
15. Termination or Extinguishment. Termination of the Easement shall be governed by
Sections 10270 -10277 of the Public Resources Code of California.
16. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power
of eminent domain, City shall be entitled to compensation in accordance with applicable law. Should
the Easement be condemned or otherwise terminated on any portion of the Easement Area, the
balance of the Easement Area shall remain subject to this Easement. In this event, all relevant
related documents shall be updated and re- recorded by the City to reflect the modified Easement
Area.
17. Potential Donation of Fee Title ao City: and Transfer of Easement by.. City: Nothing
contained herein shall prohibit Owner from dedicating fee title to the Easement Area to the City of
San Luis Obispo. However, in the event that City becomes the fee owner of the Easement Area,
City shall transfer the Easement to: a) a private nonprofit organization that, at the time of transfer, is
a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and under Section
815.3(a) of the Civil Code of California and has similar purposes to preserve open space, as well as
agreeing to assume the responsibilities imposed by this Easement; b) if no such private nonprofit
organization is willing to assume the responsibilities imposed by this Easement, then the Easement
may be transferred to any public agency authorized to hold interests in real property as provided in
section 815.3(b) of the Civil Code of California. Such a transfer may proceed only if the organization
or agency expressly agrees to assume the responsibility imposed on the City by this Easement. If
the City. ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue
Code, or applicable state law, a court with jurisdiction shall, upon consultation with the California
Department of Conservation, transfer this Easement, pursuant to the California Public Resources
Code Section 10235(b), to another qualified organization, as defined in Section 815.3 of the Civil
Code of California, and having similar purposes that agrees to assume the responsibility imposed by
this Easement.
18. Subsequent Transfers. Owner agrees to give written notice to City of the transfer of
any interest in the Easement Area within thirty (30) days following to the date of such transfer. The
failure of Owner to perform any act required by this section shall not impair the validity of this
Easement or limit its enforceability in any way.
19. Amendment. This Easement may be amended only with the written consent of the
Owner and City in accordance with applicable law. Any such amendment shall be consistent with
the purposes of this Agreement and with the City's easement amendment policies, and shall comply
with Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance
with that section, and with Section 815 et seq. of the Civil Code of California, or any regulations
promulgated thereunder. Any amendment to this Easement shall be recorded in San Luis Obispo
County.
20. Certificates. Upon request'by Owner, City shall within twenty (20) days execute and
deliver to Owner any document, including an estoppel certificate, which certifies Owner's compliance
with any obligation of Owner contained in this Easement and otherwise evidences the status of this
Easement as may be requested by Owner.
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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 Owner: Barbara Parsons
4650 Portola. Road
Atascadero, CA 93422
To City: Ms. Katie Lichtig, City Manager
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.
22. Recordation. City 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.
23. Monitoring. The City 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 and shall be done at the sole expense of the City. A copy of each
monitoring report shall be given to the Owner within thirty (30) days following its completion.
24.. General Provisions.
24.1. Controlling. Law. The interpretation and performance of this Easement shall be.
government by the laws of the State of California.
24.2. 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 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.
24.3. Severability: 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. Every provision of this Agreement that applies to the Owner or City
shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other
successors as their interests may appear. No merger of title, estate or interest shall be deemed
effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest
or estate in the Property, or any portion thereof, to City, or its successors or assigns, it being the
express intent of the parties that this Easement not be extinguished by, or merged into, or any other
interest or estate in the Property now or hereafter held by City or its successors or assigns.
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24.4. .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.
24.5. 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. Every provision of this Agreement that applies to the Owner or City
shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other
successors as their interests may appear. No merger of title, estate or interest shall be deemed
effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest
or estate in the Property, or any portion thereof, to City, or its successors or assigns, it being the
express intent of the parties that this Easement not be extinguished by, or merged into, or any other
interest or estate in the Property now or hereafter held by City or its successors or assigns:
24.6. 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.
24.7. 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.
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25. City's Acknowledgement. As attested by the signature of its Mayor affixed hereto, in
exchange for consideration, the City hereby accepts without reservation the rights and
responsibilities conveyed by this Easement.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first written above.
"City" "Owner"
THE CITY OF SAN LUIS OBISPO The Barbara Parsons Trust Under Agreement
dated January 28, 2000
By_ 0 By;
Jan H II Marx, Mayor Barbara Parsons, Trustee
anne Helphenstine
The Gary E. Esajian and Elene P. Esajian
Family Trust Un er Declaration of Trust
dated June 29-; i1
ajian, -y ustee
1
By: _ _ L. . _. L%U
Elene P. Esajian, Co -Tru;
�-<
281917 Moc 9
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CAL JFOftNIA )ss.
COUNTY OF _.
Usa M. Borba, Notary Public
O 2012, before me, Notary Public
(here insert name and title of the officer), personally appeared - who
proved to me on the basis of satisfactory evidence to be the person(w) ose named s /a* subscribed to the within
instrument and acknowledged to me that he /she /*y executed the same in his /11kr /keir authorized capacity(Us), and that
by his /V /*r signature(* on the instrument the person, or the entity upon behalf of which the persor*) 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.
., ! ublic
USA M. SOMA
NOTARY PUSUC • CALIFORNIA
m
COMMISSION ICOLWTY
My Comm. Fap. S40tefter 19.2015
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CAL ORNIA }ss.
COUNTY OF
OnY� , 2012, before me, Notary Public
(here insert name and title of the officer), personally appe F �_ M—'Sa +� � T ¢�_ who
proved to me on the basis of satisfactory evidence to be the person(w) whose name(v) s /ke subscribed to the within
instrument and acknowledged to me that he /she /Oky executed the same in ft /her /tWir authorized capacity(), and that
by l0/her/1>cir signatureW on the instrument the person(x), or the entity upon behalf of which the person (k) 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.
awl-
281917 1doc
USA M. SORSA
NOTARY PUBLIC - CALIFORNIA
COMMISSION t 195M E'
ICINGS COUNTY
My Comm. Exp. September 19. 2015
10
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CERTIFICATE OF ACKNOVLEDGMENT OF NOTARY PUBLIC
STATE OF C OIJNIA
COUNTY OF. %Qa►S ?d }ss:
On 2012, before me, �.i...11��1�c \:-� -L Notary Public
(here ' sert name and title of the officer), personally appeared fig \ .... 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,
cxecuted the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State: of California that the foregoing paragraph is true
and correct.
Wffi al seal. ANN TAMBERELLA
Commission # 1853249
Notary Public - California D Z San Luis Obispo County
M Comm. E ires Jul 2, 2013
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF �Rnt �yCOqin Y OFD S � G }ss.
On. ! 2012, before me, P� tu)' -k� �� Notary Public
(heert na me and title of the officer), personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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
ANN TAMBERELLA
Commission # 1853249 z
a -m Notary Public - California z
i San Luis Obispo County
M Comm. Ex ires Jul 2, 2013
II
281917 3.dac.
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CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA �L
COUNTY OF n L� 0 }ss.
�
On Pn 1 3 , 2012, before me, Lay-&k- R-PW S , Notary Public
(here insert name and title of the officer), personally appeared ld n t7PWZII Ma.27 , who
proved to me on the basis of satisfactory evidence to be the person() whose name(re subscribed to the within
instrument and acknowledged to methat heo% they executed the same in hisAtotheir authorized eapacity(ie4 and that
by his/ er heir signatur*),, on the. instrument the person(ts), 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 Public
CLAUDIA PROWS
Commission # 1853990
i Notary Public - California z
San Luis Obispo County
IM Comm. Ex area Jun 14, 2013
U1917- 3.C[ce .12
EXHIBIT "A"
Legal Description of Property
(to be attached)
281917_3.doc
0 0
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHETTI HILL PROPERTIES
All of that real property in the City of San Luis Obispo, County of San Luis Obispo; State
of California described as follows:
Those parcels of land shown on that Record of Survey recorded September 29th, 1998 in
Book 77 of Licensed Surveys at page 43 in the office of the San Luis Obispo County
Recorder more particularly described as follows:
That parcel of land identified as "Remainder of Por Sec 6 T31 S R13E" and described in
the Certificate of Compliance recorded in Book 3181 of Official Records at Page 649,
TOGETHER WITH that parcel of land identified as "Remainder of 130" and described in
the Certificate of Compliance recorded in Book 3181 of Official Records at Page 644,
TOGETHER WITH that parcel of land identified as Lot 129.
END OF DESCRIPTION
55151
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EXHIBIT "B"
Plat Map
(to be attached)
2819I7_3.doc
II
133
131 I
I II
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I J3sq II
REMAINDER Or
I
130
(31 81 —OR —o4) 77,3
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I REMAINDER LOT 13 / r
6 . I �,R Or
POR SEC o
I \ : T3JS R1 3E II \
(31 X31 -OR-649)
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EXHIBIT "B"
8
a o 40o eoo PLAT TO ACCW, MIY LEGAL DESCMMON
IiP1An RICHErn HILL PROPERTY
1 INCH = 400 FEET aTM "OF "sew LUS.OBW10, CWFORMA
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URAw BY 61EGIm 9r SCALE DATE
RJ 4t 7'. jOOr 01/24/12'
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EXHIBIT "C"
Legal Description of Easement Area
(to be attached)
281917_3.doc
0 0
EXHIBIT "C"
LEGAL DESCRIPTION
RIGHETTI HILL
OPEN SPACE AND CONSERVATION EASEMENT
All of that real property in the City of San Luis,Obispo, County of San Luis Obispo, State
of California described as follows:
A portion of those parcels of land identified as "Remainder of Por Sec 6 T31 S RI 3E",
"Remainder of 130" and Lot 129 as shown on that Record of Survey recorded September
29`h, 1998 in Book 77 of Licensed Surveys at page 43 in the office of the San. Luis
Obispo County Recorder more particularly described as follows:
COMMENCING at the northeasterly corner of the above described "Remainder of Por
Sec 6 T31 S RUE at an old "20" hub with tack, said corner being a point in the westerly
line of Orcutt Road, as shown on the above described Record of Survey;
Thence along the northerly line of said "Remainder of Por Sec 6 T31 S RI 3E" said
northerly line being the southerly line of the above described Lot 129 North 88° 53' 35"
West 299.13 feet to the POINT OF BEGINNING;
Thence leaving said common line along a line parallel with and 250.00 feet westerly of
the easterly line of the parcel identified as "Remainder of POR SEC 6 T31 S RI 3E" South
32° 59' 16" East 813.28 feet;
Thence South 310 05' 45" West 469.88 feet;
Thence South 00° 45' 34" West 268.37 feet to a point in the northerly Right of Way line
of Tank Farm Road;
Thence along said northerly line the following courses:
North 890
05'
25"
West 321.26 feet;
North 87°
29'
47"
West 101.06 feet;
North 86°
44'
44"
West 109.40 feet;
North 86°
18'
21"
West 160.43 feet;
North 87°
50'
15"
West 85.34 feet;
North 87°
37'
46"
West 49.58 feet to the southerly corner of the parcel identified as
"Remainder
of
POR SEC 6 T31 S R13E ";
Thence along the westerly line of said parcel identified as "Remainder of POR SEC 6
T31 S RI 3E", said westerly line being the easterly line of the parcel identified as
"Remainder of 130" North 010 1 7' 21" East 305.98 feet;
0 0
Thence leaving said common line North 55° 38' 19" West 221.26 feet;
Thence North 13 33' 42" West 296.24 feet;
Thence North 20° 32' 09" West 252.26 feet;
Thence North 38° 27' 06" West 280.25 feet;
Thence North 16° 11' 55" East 175.07 feet to a point in the line common to Lot 129 and
the above described parcel identified as "Remainder of 130 ";
Thence continuing North 160 11' 55" East 199.24 feet;
Thence South 88° 35' 31" East 58.7.42 feet;
Thence South 66° 04' 22" East 488.04 feet to the POINT OF BEGINNING and terminus
of this description, containing 37.86 acres, more or less.
END OF DESCRIPTION
T55151
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EXHIBIT "D"
Plat. Map of Easement. Area
(to be attached)
,281917_3.doc
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POINT OF I
BEGINNING
N 88'53'35" W
299.13'
POINT OF I
COMMENCEMENT I
OPEN SPACE & N CO
04v CONSERVATION EASEMENT �� in I
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N8737'46 "W LLj `ni
A5 49..58' 00 �I
N87'50'1 5 "W 00
85.34' N86'18'21 "W -r-, I
$ 160.43' L I
N86'44'44 "W
109.40' k6
tL1
g \ N87'29'47 "W_
101.06 326
9'05'25 "W I
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551 r
CIVIL
Aol� I
EXHIBIT "D"
g
o 4ao PLAT TO ACCOMPANY LEGAL DE9�IP710N.
� zoo
- G11nAn OPEN SPACE AND CONSERVATION EASEMENT
_ /�� CITY OF Sew uuS OBISPO, CNJFOFKA
1N^" 2�� �T DRAM BY I am= w SGH£ - - - OAM
;wr RJ w 1' . 200' M/19/12
END OF DOCUMENT