HomeMy WebLinkAbout05/15/2007, C4 - AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION EASEMENT ON A 71 ACRE PORTION OF THE KING VENTURES PR council mwi�0 ty/�_D 7
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CITY OF SAN LUIS OBISPO
FROM: Shelly Stanwyck, Assistant City Administrative Officer
Prepared By: Neil Havlik,Natural Resources Manager
SUBJECT: AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION
EASEMENT ON A 71 ACRE PORTION OF THE KING VENTURES
PROPERTY AT CALLE MALVA
CAO RECOMN ENDATION
Approve a Resolution authorizing the Mayor to accept the donation of a conservation easement
covering a 71 acre portion of the approximately 98 acre King Ventures property located at Calle
Malva in the Margarita area.
DISCUSSION
Background
This donation of a conservation easement comprises the majority of the 98 acre King Ventures
property in the Margarita Area, of which 27 acres is currently in final design phases for a 177-
unit residential subdivision (map Attachment 1). The 71 acre open space portion of the property
is being offered to the City at this time as an easement, with fee title planned to be conveyed
within a few years, after completion of certain environmental mitigation requirements for the
residential development that will be carried out on the lower portions of the property. The
purpose of the easement is to ensure that the property remains in open space uses in perpetuity.
The City Council in March 2006 accepted the donation offer from King Ventures (Attachment
2), subject to agreement on the details of the easement language.
Property Location and Resources
The property comprises of a portion of the South Hills, a ridge of serpentine rocks that extends
from South Higuera Street on the west to Broad Street on the east. Approximately 60 acres of
this ridge is currently owned in fee by the City of San Luis Obispo, so this donation will more
than double the size of the South Hills Natural Reserve (SHNR) to 131 acres. The site is known
for its rugged character, views of the surrounding city, interesting wildflowers, and its trail
system. It consists primarily of grassland and sparse brush land, and is well used by both hikers
and joggers, and to a limited extent by mountain bikers. It also contains a.number of sensitive or
otherwise important natural features, including several wetland seeps or springs at scattered
locations, and several plant species of concern, including San Luis Obispo mariposa lily, San
Luis Obispo dudleya, purple spineflower, and adobe sanicle.
A Conservation Plan for the South Hills Natural Reserve was adopted by the City Council in
December 2006. That plan anticipated this donation and describes the use and management of
g/staff/lwvlikleouncilagenda/king ventures donation 6,41-1
Council Agenda Report—Conservation Easement Donation from King Ventures
Page 2
the easement area. Acceptance of the donation is one of the first steps in implementation of the
Conservation Plan. It is anticipated that many of the implementation activities of the
Conservation Plan will occur on the King Ventures property under the authority granted to the
City by the easement.
Proposed Easement and Next Steps
The easement restricts the area to open space uses in perpetuity. It prohibits any construction in
the easement area except for trails, and for the maintenance of the existing access road to the
communication site located on the Spangler property to the west and fire road to the east. The
easement calls for proper standards to be applied to the maintenance of that road, which will be
carried out by the users of the communication site. City.staff will have full latitude to plan,
construct, and maintain trails and other enhancements within the easement area. It is anticipated
that certain mitigations required of the King Ventures development (Tract 2428) will also occur
within the easement area over the next several years. After those mitigations have been
successfully completed, King Ventures has offered to donate the land in fee to the City, on the
condition that the easement will be transferred to a qualified third party so that the easement
conditions will remain in effect. The easement is included herein as Attachment 3.
CONCURRENCE
At its regular meeting of March 28, 2006, the Planning Commission found that acquisition of the
proposed easement was consistent with the City's General Plan (Attachment 4).
FISCAL IMPACT
This transaction will have minor fiscal impacts on the City. It will constitute a minor increase in
recreational resources requiring maintenance, but this is not expected to represent a major
commitment of staff time or resources for either the Ranger Service or the Natural Resources
program.
ATTACHMENTS:
1. Location Map
2. Letter Offer from King Ventures
3. Easement Document
4. Resolution of San Luis Obispo City Planning Commission, Meeting of March 28, 2007
5. Resolution
TopoZone -USGS SAN LUIS OBISPO (CA)Topo Map Page
Attachment 1
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GREENBELT PROTECTION PROGRAM
King Ventures Property Conservation Easement Donation
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ATTACHMENT 2
V E N T U R E S
January 19, 2006
Hon. David F, Romero, Mayor
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA. 93401
RE: KING VESTING TENTATIVE MAP (#2428)—OFFER OF DONATION
Dear Mayor Romero!
This letter is to confirm our willingness to donate approximately 71 acres of land in fee
to the City of San Luis Obispo for open space purposes as an integral part of the
above-captioned project, and identified as Lot 146 on Tentative Tract Map #2428. The
land in question is shown as open space in City documents, and its permanent
preservation has long been a goal of our community.
Since there are certain private obligations that we have on Lot 146 for a time (including
mitigation requirements associated with the subdivisions), and since we wish to ensure
that the land in question remains in open space in perpetuity, we would like to make this
donation in two steps. The first step would be the donation of a conservation easement
covering the land in question, subject tocity indemnification and maintenance
assurances associated with public access of the lands sought by the city. Following
installation of mitigation measures from the subdivision and clarification of certain
access issues to a communication site on an adjacent property, we would donate fee
title to the City within a three to five year period, on the express condition that the
conservation easement be transferred by the City to a qualified third party.
We are prepared to immediately execute an easement in a mutually satisfactory form.
Thank you for your consideration.
lyl
Jo E. King -
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King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805 544-5637 FAX
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ATTACHMENT 3
DEED OF CONSERVATION EASEMENT
King Ventures, Inc.,and the City of San Luis Obispo
THIS DEED OF CONSERVATION EASEMENT dated , 2007 by
King Ventures, Inc., 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.
1. 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
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ATTACHMENT 3
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 or 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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ATTACHMENT 3
maintenance or improvement of the several access roads which currently
exist within the Easement Area.
4. Access Road to Communication Sites on Adiacent 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 and are not 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
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( ATTACHMENT 3
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 parry 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
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ATTACHMENT 3
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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ATTACHMENT 3
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 anyway.
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: 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. Subordination. At the time of the conveyance of this Easement, the Property is
subject to mortgage. The holder of this mortgage agrees by execution of this
Easement to subordinate its rights in the property to this Easement to the
extent necessary to permit the Grantee to enforce the purpose of this
Easement in perpetuity and to prevent any modification or extinguishment of
this Easement by the exercise of any rights of the mortgage holder.
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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
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.
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TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and
year first written above.
For the Grantor:
For the Grantee:
David F. Romero, Mayor
For Deed of Trust Holder
By:
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ATTACHMENT
ATTACHMENT A
Legal Description of Property (including portion to be developed) and Map
ATTACHMENT 3
Order Number: 4009-2491638
Page Number: 8
LEGAL DESCRIPTION
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.
First American Title
- ATTACHMENT 3
Order Number: 4009-2491638
Page Number: 9
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
First American Tide
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ATTACHMENT B ATTAft,14 ' ��'�
Legal Description of Property Subject To Easement and Map
Fox:8055445637 23 2007 15:41 P.01
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ATTAC14MEt a T 3
An:. asernent for Conservation Purposes lying over, under and upon a portion of
the: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, Page,98;
thei d6 along'the West line of said Remainder of Tract 1150,
North 00 19' 23"West, 1036.06 feet to the Southerly Boundary of that certain
parcel 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" East,
602.61 feet from the Northwest comer of said Remainder of Tract 1150;thence.
along said Southerly Boundary,
South 89°21' 39" East, 1046.49 feet; thence,
South 43059' 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 360 06' 01" East, 544.04 feet; thence,
South 400 31' 18" East, 905.97 feet to the Southwesterly terminus of the course
on the.easterly line of said remainder labeled North 350 34"57" East, 53.62 feet.
on said Map of Tract 1150; thence the following courses along said Easterly line,
South 030 08' 15" East, 119.56 feet; thence,
South 669 24' 50"West,49.12 feet; thence,
SOOF690 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;:thence :.
along the South.line of said Remainder,
South 890 51' 51"West, 687.99 feet to the Northeast comer of Lot 31 of San Luis
Obispo Suburban Tract according to Licensed Surveys Book 1, Page 92; thence
continuing along said line,
South 89° 51'51"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,
Fax:8055445637 23 2007 15:41 P.02
ATTAC't'.VV!ENrl P
North 380 11' 27"West, 62.66 feet; thence,
Noth'S4° 57'47'West, 51.16,feet;thence,
Nd 0- 1620 162°'26' 12"West, 46.59 feet, thence,
North 530 20' 07"West, 46.00 feet; thence,
South 36° 39"53-West, 99.53 feet; thence,
North 53' 20' 07"West, 77.48 feet, thence,
Noith 37°48' 23" East, 99.55 feet; thence,
North 520 57'42 West, 46.00 feet; thence,
North 540 13'48"West, 52.97 feet; thence,
North 570 22' 25"West, 54.39 feet; thence,
Noith.630 19' 19"West, 48.57 feet; thence,
North 590 58' S0 West, 44.13 feet; thence,
NOM.53°"09'"04"West, 44.13 feet; thence,
North 460 19' 18"West, 44.13 feet; thence,
Noah 390 45' 59"West, 40.59 feet;thence,
South 530 22' 26" West, 99.53 feet to the beginning of a non-tangent curve
concave Northeasterly with a Radius of 470.00 feet; thence from a Sarni-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 28 13' 32n West, 16.03 feet; thence,
North 61°46' 28" East, 99.53 feet;thence,
Norih'280 13' 32"West, 96.00 feet thence,
North 28°40' 35"West, 52.74 feet; thence,
North 360 17' 25"West, 59.48 feet; thence,
North 46013' 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
'beairig of North 500 55' 10"West along said curve Northwesterly and to the Left
thrqugh a Central angle of 18°29' 31"for an Are Length of 74.23 feet ; thence,
North 310 20' 13" East, 105.80 feet; thence,
North 720 42' 36"West, 77.68 feet; thence,
Nath 85'05' 45°West, 66.66 feet; thence,
South 86' 31'51"West, 39.85 feet;thence,
South 130 20' 34"West, 56.26 feet; thence,
South 270 09' 11".West, 36.74 feet; thence,
Satith 230 24' S4"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 61' 17' 13"for an Are Length of 25.24 feet; thence,
Fax:8055445637 .i 23 2007 15:41 P.03
South 610 10' 43"West, 46.13 feet to the beginning of a tangent curve concave
Northwesferly with a Radius of 470.00 feet; thence along said curve
So4thwestarly and to the Right through a Central angle of 1° 01' 48"for an Arc
Ler,gth of 8.45 feet;thence,
North 230 24' 54" East, 38.13 feet; thence,
N4th-4°20'28"West, 82.91 feet; thence,
South 620 03',12"West, 70.32 feet; thence,
South 680_5T 12"West, 78.46 feet; thence,
South 780 29'.39"West, 176.27 feet;thence,
South 83° 01' 30"West, 54.56 feet; thence,
Soitti 860 41'29"West, 22.56 feet; thence,
North 88°41' 32"West, 41.71 feet;thence,
North 720 42' 52"West, 205.13 feet;thence,
Noah 620 13' 12 West, 114.81 feet; thence,
North 67' 18' 09"West, 136.77 feet to the West line of the Remainder of Tract
1150; thence along said West line,
North 00 23' 22"West, 144.25 feet to the Point of Beginning and containing 71.36
acres, more or less.
END OF DESCRIPTION
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August 29, 2006
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ATTACHMENT 4
PLANNING COMMISSION
RESOLUTION NO. 5472-07
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
FINDING THAT THE PROPOSED ACQUISITION OF EASEMENT
OR FEE INTEREST IN LAND IS CONSISTENT WITH
THE CITY OF SAN LUIS OBISPO'S GENERAL PLAN
GPC 29-07
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on March 28, 2007, for the purpose of considering Application #GPC 29-07,
a General Plan conformity report on the proposed acceptance of a conservation
easement and ultimately fee title to a 71 acre portion of the 98 acre King Ventures
property at 3000 Calle Malva, in the City of San Luis Obispo; and
WHEREAS, said public hearing was for the purpose of formulating and
forwarding recommendations to the City Council of the City of San Luis Obispo
regarding the project; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence,
including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo finds that the proposed acquisition is consistent with the General
Plan of the City of San Luis Obispo, and directs staff to report same to the City Council
at the time of consideration of the acquisition by the City Council.
On motion by Commr. Stevenson, seconded by Commr McCoy, and on the following
roll call vote:
AYES: Commrs.Brodie, Ashbaugh, Christianson, McCoy, Stevenson, Gould-Wells
NOES: None
REFRAIN: None
ABSENT: Miller
The foregoing resolution was passed and adopted this 28 day of March, 2007.
Kim Murry, Secreta
Planning Commission
13
'y"
ATTACHMENT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT ON REAL
PROPERTY
WHEREAS, King Ventures, Inc., ("Grantor") is the owner in fee simple of certain
real property in the City of San Luis Obispo County, California, described as Assessor's
Parcel Number 053-022-016 ("the "Property"); and
WHEREAS, portions of the Property possess high natural resource values
including wildlife and botanical resources, and scenic open space values (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; Grantor intends that the conservation values of said portions 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 the
City of San Luis Obispo the right to preserve and protect the conservation values of
said portions of the Property in perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of
the State of California that is authorized by law to accept Conservation Easements; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor
the intentions of Grantor stated herein and to preserve and protect in perpetuity the
conservation values of said portions of the Property for the benefit of this generation
and the generations to come,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes acceptance of the offer of donation of a Conservation
Easement from King Ventures, Inc., covering a portion of Assessor's
Parcel Number 053-022-016, subject to non-substantive changes
approved by the City Attorney; and
2. Authorizes and directs the Mayor to accept said Conservation
Easement on behalf of the City of San Luis Obispo..
Approved and adopted this 15th day of May, 2007.
c y-01
ATTACHMENT 5
On motion of , seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
o an P. Lowell, City Attorney
Cy��