HomeMy WebLinkAbout03/18/2008, C3 - EASEMENTS FOR NACIMIENTO WATER PROJECT council M
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j acEnba REpont
CITY OF SAN LUIS OBISPO
FROM: John Moss, Utilities Director
Prepared By: Gary W. Henderson, Water Division Manager —W
SUBJECT: EASEMENTS FOR NACIMIENTO WATER PROJECT
CAO RECOMMENDATION
Approve easements for the Nacimiento Water Project within City owned properties and authorize the
Mayor to execute the easement agreement.
DISCUSSION
On October 4, 2005, the City Council considered a report relative to granting easements on City
property for the Nacimiento Water Project. The easements are for construction of the pipeline and
related facilities necessary to delivery raw water to the City of San Luis Obispo's Water Treatment
Plant. The Council conceptually approved granting the easements at no cost. All of the other
Nacimiento Project participants have also agreed to grant easements on their properties at no cost
since the participants all share responsibility for any project related costs.
The five easements are located on four City owned properties and are fully described in the easement
document (Attachment 1). The easements include a permanent easement as well as an additional
temporary easement for construction purposes. The four City properties which will be impacted by
the construction of the pipeline are listed below:
1. Old Water Treatment Plant site (Reservoir#2) located on Stenner Creek Road
2. City owned property acquired from Union Pacific Railroad Company
3. City Water Treatment Plant access road on Stenner Creek Road
4. City owned property adjacent to Cuesta Tunnel (2 separate easements, one for pipeline
and a longer alignment for fiber optic conduit)
CONCURRENCES
The City Attorney concurs with this recommendation.
FISCAL IMPACT
The City of San Luis Obispo has contractually committed to participation in the Nacimiento Pipeline
Project. The City is required to pay for water supplied from Nacimiento under the terms of the
current contract. Granting of the easements across City owned property at no cost will only result in
lower costs for the City.
ATTACHMENTS
1. Easement Deed Nacimiento Water Project
A A
Recorded at request of and 1
When recorded return to:
County of San Luis Obispo
Attn: Right of Way Agent
Public Works Department
County Government Center Room 207
San Luis Obispo, CA 93401
A.P.No. 073-271-002,073-281-006,073-281-007, SPACE ABOVE THIS LINE FOR RECORDER'S USE
073-291-003,073-321-003 [SLO County]
No recording fee per Government Code§ 6103
No Documentary Transfer Tax per Revenue& Taxation Code § 11922
County of San Luis Obispo Flood Control & Water Conservation District
EASEMENT DEED
Nacimiento Water Project
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Luis Obispo, a municipal corporation ("GRANTOR")
does hereby GRANT to the
COUNTY OF SAN LUIS OBISPO FLOOD CONTROL & WATER
CONSERVATION DISTRICT("DISTRICT")
the following Permanent Easement, Temporary Construction Easement and related interests in
real property as described herein within that certain real property in the County of San Luis
Obispo, State of California, described in the attached Exhibit A (hereafter the"Real Property").
The following is a tabular cross-reference of exhibits of these easements since the GRANTOR
has five parcels that are affected by the easements.
AP#073-271-002,073-281-006,-007,073-291-003,073-321-003
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AffA M I N I
Exhibit C Exhibit E
Exhibit B Temporary Permanent Exhibit F
Permanent Construction Exhibit D ROW Legal Depiction of
General ROW Legal Easement Legal Depiction of Description for Easement for
APN Description Description Description Easement Wireline Wireline
073-321-003 At South Cuesta
(formerSPRR Tunnel Portal YES YES YES YES YES
and Land
Conservancy)
073-291-003 Adjacent to
South Cuesta YES YES YES NO NO
Tunnel Portal
073-281-006 and Old Water YES YES YES NO NO
073-281-007 Treatment Plant
073-271-002 New Water YES NO YES NO NO
Treatment Plant
A. PERMANENT EASEMENT
Grantor hereby grants District a Permanent Easement in gross to survey, install,
construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, replace, repair and maintain
District Facilities, consisting of an underground water pipeline, communication conduits and
cables, and related facilities, in the "Permanent Easement Area" described herein. These related
facilities may include but are not limited to markers; shutoff valves; air/vacuum valves; blowoff
facilities with appurtenances; survey monuments; manholes; turnouts with inline valves, flow
meters, and pressure regulation valves; surge control devices; test stations including flow,
pressure, communication and cathodic protection; buried and aboveground communication
conduits, cables,junction boxes, and devices; buried and aboveground electrical conduits, cables,
junction boxes, and devices; pull boxes; auxiliary waterlines; communication conduits and
cables; and cathodic protection facilities including anode beds; and other related facilities, all
which are facilities associated with the delivery and distribution of water to participants of the
Nacimiento Water Project("Project").
The following facilities, marked with an "✓", may be located above or partially above ground:
✓ markers ✓ test stations null boxes
✓ blowoff facilities ✓ air/vacuum valves
pressure regulation valves pipelines Manholes
✓ turnouts electrical conduits,cables, communication conduits,
devices and termination boxes cables,devices and boxes
✓ other related facilities
This Permanent Easement shall be in, over, on, through, within, under, along and across the
easement areas described in Exhibit B and depicted in Exhibit D, and described in Exhibit E and
depicted on Exhibit F, attached hereto and incorporated by reference herein (herein the
"Permanent Easement Area").
AP#073-271-002,073-281-006,-007,073-291-003,073-321-003
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.A 'MINI
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The Permanent Easement described herein shall be subject to the following terms and conditions:
1. The facilities installed in the Permanent Easement Area collectively are referred to herein
as "District Facilities." Plans for District Facilities as they exist from time to time shall be
maintained at the District's principal offices. The underground water pipe,
communication conduits and other underground facilities will be constructed and installed
as one project within the same trenching process. The communication cables.may be
pulled through the communication conduits at a later date once the trenching operation is
complete.
2. District shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Permanent Easement Area at any time, including the
right to use lanes, drives; rights-of-way, and roadways within the Real Property which
now exist or which hereinafter may be constructed, as shall be convenient and necessary
for the purpose of exercising the rights herein set forth; provided, however, that nothing
herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights-of-
way, and to provide District with comparable alternative access to the Permanent
Easement Area, as deemed reasonable by the District. The District shall be responsible
for repairing any damages to any lanes, drives, rights-of-way, and roadways within the
Real Property caused by District use thereof.
3. Grantor shall not conduct, or permit others to conduct, any activities within or proximate
to the Permanent Easement Area which damage District Facilities, including but not
limited to digging, drilling, excavating, earthmoving, grading operations, ripping,
stockpiling, or using (or permitting others to use) explosives. Grantor shall not store, or
permit others to store, any explosives within or proximate to the Permanent Easement
Area.
4. As the amount of earth or other fill over the District's Facilities can affect the structural
integrity of these underground facilities, District shall have the right to maintain the height
of earth or other fill over District's underground facilities. Grantor shall not temporarily
or permanently modify, or allow others to in any way modify, the ground surface elevation
in the Permanent Easement Area from the elevation established upon completion of
construction of the District's Facilities without the District's' written consent, which
consent shall not be withheld unreasonably.
5. This Permanent .Easement is subject to all existing fencing, canals, irrigation ditches,
laterals, pipelines, roads, electrical transmission facilities, and communication lines
existing on the date this easement is granted, and all future uses which do not directly or
indirectly impede, obstruct, interfere, or conflict with the District's exercise of the rights
described herein. Grantor may use the Permanent Easement Area for agricultural
purposes which do not endanger the integrity of District Facilities; provided, however, that
Grantor shall not install, plant, or construct, nor permit others to install, plant or construct:
buildings, .structures, roofs, walls, and other facilities of a permanent nature; trees;
vineyards; and any earth cover or stockpile of material without. the District's written
consent. Grantor may stockpile hay within the Permanent Easement Area with the
AP#073-271-002,073-281-006,-007,073-291-003,073-321-003
\\Assoc No network filesTmiect Files\SLO County\NACIM I ENTOOvners\City of SLOkEasement Deed-REVISED Final-02-11-08.DOC
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understanding that said stockpiles would need to be relocated at Grantor's expense if the
District deems it necessary to access the Permanent Easement Area pursuant to the
District's rights described herein.
6. District shall have the right of exclusive use and possession in, over, on, through, within,
under, and across that portion of the Permanent Easement Area encompassed by the
outside surface of the District Facilities, plus a distance of two (2) feet in every direction
around the outside surface of the District Facilities. 'To the extent Grantor has easement or
other rights on other parcels affected by the Project, Grantor agrees to exercise those rights
in compliance with and in recognition of the rights of District on said other parcels.
7. No hazardous or toxic materials shall be stored within the Permanent Easement Area. It is
the intent of this paragraph that the application of agricultural fertilizers, pesticides, and
herbicides shall be allowed, so long as such application is consistent with applicable
health standards, industry standards and governmental regulations. If the underlying fee
owner of the Permanent Easement Area becomes aware of the storage or spillage of
hazardous or toxic materials in violation of this paragraph, said owner shall immediately
so advise the District.
8. District is further granted the right to discharge water into any and all streams, channels,
and culverts traversed by District Facilities and to disburse trench spoils along, within, on,
through and across the Permanent Easement Area.
B. TEMPORARY CONSTRUCTION EASEMENT
Grantor hereby grants to District a Temporary Construction Easement for the
purposes of facilitating construction of District Facilities, including the right to place equipment
and vehicles, pile earth thereon, and utilize said Temporary Construction Easement for all other
related activities and purposes in, on, over, under, through, within, along and across that certain
portion of the Real Property described in Exhibit C and depicted in Exhibit D, attached hereto and
incorporated by reference herein (herein the "Temporary Construction Easement Area"). Upon
completion of said construction, said Temporary Construction Easement Area will be generally
restored to the condition that existed prior to construction excepting that trench spoils may be
disbursed and left permanently thereon, to the extent reasonably practical, unless otherwise agreed
to in writing between Grantor and District.
This Temporary Construction Easement shall commence thirty (30) days following the date a
Notice of Commencement of Construction is sent by District to Grantor by US Mail or other
reputable carver, and shall automatically terminate one year following commencement; provided,
however, that District shall have the right to extend the Temporary Construction Easement term
in additional three (3) month increments if District determines that additional time beyond the one
year period is necessary for construction completion. In such case, District shall have the
unilateral right to extend the Temporary Construction Easement period through construction
completion. In any event, this Temporary Construction Easement shall terminate on or before
December 31, 2012. No hazardous or toxic materials shall be stored within the Temporary
Construction Easement Area during the term of said easement. It is the intent of this paragraph
AP#073-271-002,073-281-006.-007,073-291-003,073-321-003
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that the application of agricultural fertilizers, pesticides, and herbicides shall be allowed, so long
as such application is consistent with applicable health standards, industry standards and
governmental regulations. If the underlying fee owner of the Temporary Construction Easement
Area becomes aware of the storage or spillage of hazardous or toxic materials in violation of this
paragraph, said owner shall immediately so advise the District.
C. GENERAL TERMS AND CONDITIONS
In addition to the covenants, terms and conditions set forth above, the Permanent Easement and
Temporary Construction Easement are also governed by the following covenants, terms and
conditions.
1. The Temporary Construction Easement and/or Permanent Easement shall be binding to
the Grantor and to the Grantor's successors and assigns, herein collectively referenced to
as "Grantor".
2. The Grantor hereby warrants and represents that the Grantor has no reason to believe that
any hazardous waste, extremely hazardous waste, or hazardous substance (as those terms
are defined in sections 25117, 25115, and 25316 of the California Health and Safety
Code) has come to be located on, beneath or within the Permanent Easement Area or
Temporary Construction Easement Area. If Grantor ever becomes aware of the presence
of any hazardous waste, extremely hazardous waste, or hazardous substance on, beneath,
or within these areas, Grantor shall immediately so advise the District.
3. Grantor hereby warrants and represents that it is the sole owner of the Real Property, and
that Grantor holds sufficient title in said property to fully grant to the District the
Permanent Easement and Temporary Construction Easement described herein.
Subsequent to the grant of this Easement Deed, Grantor shall not grant any easements of
any kind whatsoever to others in, over, on, through, within, under and across the easement
areas described herein without the prior written approval of the District, which approval
shall not be withheld unreasonably.
4. In addition to any other legal or equitable remedies available to District for violations of
this Easement Deed, District shall have the right to do all things necessary and proper to
remove, at Grantor's expense, any materials or objects within the Permanent Easement
Area or Temporary Construction Easement Area which are in violation of the terms of
this Easement Deed.
5. District reserves the right to assign this Easement Deed to another entity or public agency
specifically for the purposes and under the terms and conditions described herein.
6. This Easement Deed may be executed in counterparts, each of which so executed shall
irrespective of the date of its execution and delivery be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
AP#073-271-002,073-281-006,-007,073-291-003,073-321-003
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7. As to parcel number 073-321-003, the terms of the Deed of Conservation Easement dated
June 21, 2007, and recorded on June 28, 2007 as Instrument Number 2007043656 in the
Official Records of San Luis Obispo County, attached hereto as Attachment. A, are
incorporated by reference in this Easement Deed.
GRANTOR:
City of San Luis Obispo
Date: By:
Name:
Title:
State of California)
County of )
On ,before me, , Notary
Public, personally appeared ,
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, 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
Signature (Seal)
AP 4 073-271-002,073-281-006,-007,073-291-003,073-321-003
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Approval by The Land Conservancy of San Luis Obispo County as to parcel 073-321-003
under the terms of that Deed of Conservation Easement dated June 21, 2007, and recorded as
Instrument Number 2007043656 on June 28, 2007 in the Official Records of San Luis Obispo
County(copy attached"hereto as Attachment A and incorporated herein):
Gary Felsman, President
Board of Trustees
State of California)
County of San Luis )
Obispo
On February 20, 2008 before me, B.Hogan Notary
Public, personally appeared —Gary Felsman--
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/W
subscribed to the within instrument and acknowledged to me that he%shethey executed the same
in his/her/tbeii authorized capacity(ies), and that by his/her/thea 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 and correct.
S.HOG.AN
WITNESS my hand and official sealr COh1!d. #1582883 <
z Notary Public-Califomia f
Courcy of San Luis Obispo
My Comm.Exp.June 25,2009
Signature (Seal)
AP#073-271-002,073-251-006. -007. 073-291-003. 073-321-003
'•'Assoel'slo nemmk liIcsllioject Filea'SI-O Count iNAC IA I I ENTO`Owners',C:iIN o(S L&EasemenI Deed-REVISED Fina l-02-11-0S.DOC
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CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the COUNTY OF SAN LUIS OBISPO FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, grantee herein, hereby accepts for public
purposes the real property, or interest therein, described in the foregoing Easement Deed dated
2008, from City of San Luis Obispo,grantor therein, and consents
to the recordation thereof
In Witness Whereof, I have hereunto.set my hand this_day of , 2008.
COUNTY OF SAN LUIS OBISPO FLOOD CONTROL AND WATER CONSERVATION DISTRICT
By:
Name:
Title:
ATTEST:
AP#073-271-002,073-281-006,-007,073-291-003,073-321-003
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ATTACHMENT 1
NOTE: The following documents are included with a complete
copy of the Nacimiento Water Project Easement Deed in the
Council's Reading File and City Clerk's Office.
EXHIBIT A — LEGAL DESCRIPTION
AND
ATTACHMENT 1 — RECORDED DEED OF
CONSERVATION EASEMENT
c -16
I
Recorded at request of and AffA MINI
When recorded return to:
County of San Luis Obispo
Attn: Right of Way Agent
Public Works Department
County Government Center Room 207
San Luis Obispo, CA 93401
A.P. No. 073-271-002.073 281-006.073-281-007. SPACE ABOVE THIS LINE FOR RECORDER'S USE
073-291-003.073-321-003 [SLO County]
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue& Taxation Code § 1 1922
County of San Luis Obispo Flood Control & Water Conservation District
EASEMENT DEED
Nacimiento Water Project
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of San Luis Obispo, a municipal corporation ("GRANTOR")
does hereby GRANT to the
COUNTY OF SAN LUIS OBISPO FLOOD CONTROL & WATER
CONSERVATION DISTRICT ("DISTRICT")
the following Permanent Easement, Temporary Construction Easement and related interests in
real property as described herein within that certain real property in the County of San Luis
Obispo, State of California, described in the attached Exhibit A (hereafter the"Real Property").
The following is a tabular cross-reference of exhibits of these easements since the GRANTOR
has five parcels that are affected by the easements.
Al' n 073-271-001073-281-006. -007,073-291-00 1.073-321-003)
'A,,ocl slo ne(worA tile,Pwiect Files SLO('Dump NA('IMIEN'1'U(Inners('it,oI Sl n Iln,rinem Deed-RB ISED Final.02.1 I-0S.D0('
Page I 01'S
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Exhibit C A7A Exhibit E
Exhibit D Temporar' Permanent Exhibit F
Permanent Construction Exhibit D R015'Legal Depiction of
General ROW Legal Easement Legal Depiction of Description for Easement for
.APN Description Description Description Easement Wireline Wirelinc
073-321-003 At South Cucsta
(fonnerSPRR Tunnel Portal YES YES YES YES YES
and Land
Conservancy)
073-291-003 Adjacent to
South Cucsta YES YES YES NO NO
Tunnel Portal
073-231-006 and Old Water YES YES YES NO NO
073-231-007 Treatment Plant
073-271-002 New Water YES NO YES NO
Treatment Plant NO
A. PERMANENT EASEMENT
Grantor hereby grants District a Permanent Easement in gross to survey, install,
construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, replace, repair and maintain
District Facilities, consisting of an underground water pipeline, communication conduits and
cables, and related facilities, in the "Permanent Easement Area" described herein. These related
facilities may include but are not limited to markers; shutoff valves; air/vacuum valves;.blowoff
facilities with appurtenances; survey monuments; manholes; turnouts with inline valves, flow
meters, and pressure regulation valves; surge control devices; test stations including flow,
pressure, communication and cathodic protection; buried and aboveground communication .
conduits, cables,junction boxes, and devices; buried and aboveground electrical conduits, cables,
junction boxes, and devices; pull boxes; auxiliary waterlines; communication conduits and
cables; and cathodic protection facilities including anode beds; and other related facilities, all
which are facilities associated with the delivery and distribution of water to participants of the
Nacimiento Water Project ("Project').
The following facilities, marked with an "✓", may be located above or partially above ground:
✓ markers ✓ test stations pull boxes
✓ blowoff facilities ✓ air/vacuum valves
pressure regulation valves ✓ pipelines Manholes
✓ turnouts electrical conduits,cables, communication conduits,
devices and termination boxes cables,devices and boxes
✓ other related facilities
This Permanent Easement shall be in, over, on, through, within, under, along and across the
easement areas described in Exhibit B and depicted in Exhibit D, and described in Exhibit E and
depicted on Exhibit F, attached hereto and incorporated by reference herein (herein the
"Permanent Easement Area").
APT 073-271-002.073-231-006.-007,073-291-003.073-321-003
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The Pennanent Easement described herein shall be subject to the following teens and conditions:
I. The facilities installed in the Permanent Easement Area collectively are referred to herein
as "District Facilities." Plans for District Facilities as they exist from time to time shall be
maintained at the District's principal offices. The underground water pipe,
communication conduits and other underground facilities will be constructed and installed
as one project within the same trenching process. The communication cables may be
pulled through the communication conduits at a later date once the trenching operation is
complete..
2. District shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Permanent Easement Area at any time, including the
right to use lanes, drives, rights-of-way, and roadways within the Real Property which
now exist or which hereinafter may be constructed, as shall be convenient and necessary
for the purpose of exercising the rights herein set forth; provided, however, that nothing
herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights-of-
way, and to provide District with comparable alternative access to the Permanent
Easement Area, as deemed reasonable by the District. The District shall be responsible
for repairing any damages to any lanes, drives, rights-of-way, and roadways within the
Real Property caused by District use thereof.
3. Grantor shall not conduct, or permit others to conduct, any activities within or proximate
to the Permanent Easement Area which damage District Facilities, including but not
limited to digging, drilling, excavating, earthmoving, grading operations, ripping,
stockpiling, or using (or permitting others to use) explosives. Grantor shall not store, or
permit others to store, any explosives within or proximate to the Permanent Easement
Area.
4. As the amount of earth or other fill over the District's Facilities can affect the structural
integrity of these underground facilities, District shall have the right to maintain the height
of earth or other fill over District's underground facilities. Grantor shall not temporarily
or permanently modify, or allow others to in any way modify, the ground surface elevation
in the Permanent Easement Area from the elevation established upon completion of
construction of the District's Facilities without the District's written consent; which
consent shall not be withheld unreasonably.
5. This Permanent Easement is subject to all existing fencing, canals, irrigation ditches,
laterals, pipelines, roads, electrical transmission facilities, and communication lines
existing on the date this easement is granted, and all future uses which do not directly or
indirectly impede, obstruct, interfere, or conflict with the District's exercise of the rights
described herein. Grantor may use the Permanent Easement Area for agricultural
purposes which do not endanger the integrity of District Facilities-, provided, however, that
Grantor shall not install, plant, or construct, nor permit others to install, plant or construct:
buildings, structures, roofs, walls, and other facilities of a permanent nature; trees;
vineyards,- and any earth cover or stockpile of material without the District's written
consent. Grantor may stockpile hay within the Pennanent Easement Area with the
AP tt 073-271-002.073-2C1-006, -007. 073-291-003. 073-321-003
'A,SOeIOslonelscoikIilesTmicct files SFO C'oumy'NACINIII[Nl'OUuncrs('itynl'sk)l i,isenienl Deed-RMSED final.02.1 -IIS.DUC
Page 3 of R
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understanding that said stockpiles would need to be relocated at Grantor's expense if the
District deems it necessary to access the Permanent Easement Area pursuant to the
District's rights described herein.
6. District shall have the right of exclusive use and possession in, over, on, through, within,
under, and across that portion of the Permanent Easement Area encompassed by the
outside surface of the District Facilities, plus a distance of two (2) feet in every direction
around the outside surface of the District Facilities. To the extent Grantor has easement or
other rights on other parcels affected by the Project, Grantor agrees to exercise those rights
in compliance with and in recognition of the rights of District on said other parcels.
7. No hazardous or toxic materials shall be stored within the Permanent Easement Area. It is
- the intent of this paragraph that the application of agricultural fertilizers, pesticides, and
herbicides shall be allowed, so long as such application is consistent with applicable
health standards, industry standards and governmental regulations. If the underlying fee
owner of the Permanent Easement Area becomes aware of the storage or spillage of
hazardous or toxic materials in violation of this paragraph, said owner shall immediately
so advise the District.
S. District is further granted the right to discharge water into any and all streams, channels,
and culverts traversed by District Facilities and to disburse trench spoils along, within, on,
through and across the Permanent Easement Area.
B. TEMPORARY CONSTRUCTION EASEMENT
Grantor hereby grants to District a Temporary Construction Easement for the
purposes of facilitating construction of District Facilities, including the right to place equipment
and vehicles, pile earth thereon, and utilize said Temporary Construction Easement for all other
related activities and purposes in, on, over, under, through, within, along and across that certain
portion of the Real Property described in Exhibit C and depicted in Exhibit D, attached hereto and
incorporated by reference herein (herein the "Temporary Construction Easement Area"). Upon
completion of said construction, said Temporary Construction Easement Area will be generally
restored to the condition that existed prior to construction excepting that trench spoils may be
disbursed and left permanently thereon, to the extent reasonably practical, unless otherwise agreed
to in writing between Grantor and District.
This Temporary Construction Easement shall commence thirty (30) days following the date a
Notice of Commencement of Construction is sent by District to Grantor by US Mail or other
reputable carrier, and shall automatically terminate one year following commencement; provided,
however, that District shall have the right to extend the Temporary Construction Easement term
in additional three (3) month increments if District determines that additional time beyond the one
year period is necessary for construction completion. In such case, District shall have the
unilateral right to extend the Temporary Construction Easement period through construction
completion. In any event, this Temporary Construction Easement shall terminate on or before
December 31, 2012. No hazardous or toxic materials shall be stored within the Temporary
Construction Easement Area during the tenm of said easement. It is the intent of this paragraph
AP 4 073-271-002. 073-251-006, -007,073-291-003.073-321-003
AssocI h, wmmk tiles I'miecl.files'SLU('ounry 0 0%,1m('ily of SLO Iia,eluent Deed-R[IV ISPD Final-02-1DOC
Flee 4 of'S
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that the application of agricultural fertilizers, pesticides, and herbicides shall be allowed, so long
as such application is consistent with applicable health standards, industry standards and
governmental regulations. If the underlying fee owner of the Temporary Construction Easement
Area becomes aware of the storage or spillage of hazardous or toxic materials in violation of this
paragraph, said owner shall immediately so advise the District.
C. GENERAL TERMS AND CONDITIONS
In addition to the.covenants, terms and conditions set forth above, the Permanent Easement and
Temporary Construction Easement are also governed by the following covenants, terms and
conditions.
1. The Temporary Construction Easement and/or Permanent Easement shall be. binding to
the Grantor and to the Grantor's successors and assigns, herein collectively referenced to
as "Grantor".
2. The Grantor hereby warrants and represents that the Grantor has no reason to believe that
any hazardous waste, extremely hazardous waste, or hazardous substance (as those terms
are defined in sections 25117, 25115, and 25316 of the California Health and Safety
Code) has come to be located on, beneath or within the Permanent Easement Area or
Temporary Construction Easement Area. If Grantor ever becomes aware of the presence
of any hazardous waste, extremely hazardous waste, or hazardous substance on, beneath,
or within these areas, Grantor shall immediately so advise the District.
3. Grantor hereby warrants and represents that it is the sole owner of the Real Property, and
that Grantor holds sufficient title in said property to fully grant to the District the
Permanent Easement and Temporary Construction Easement described herein.
Subsequent to the grant of this Easement Deed, Grantor shall not grant any easements of
any kind whatsoever to others in, over, on, through, within, under and across the easement
areas described herein without the prior written approval of the District, which approval
shall not be withheld unreasonably.
4. In addition to any other legal or equitable remedies available to District for violations of
this Easement Deed, District shall have the right to do all things necessary and proper to
remove, at Grantor's expense, any materials or objects within the Permanent Easement
Area or Temporary Construction Easement Area which are in violation of the terms of
this Easement Deed.
5. District reserves the right to assign this Easement Deed to another entity or public agency
specifically for the purposes and under the terms and conditions described herein.
6. This Easement Deed may be executed in counterparts, each of which so executed shall
irrespective of the date of its execution and delivery be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
AP "073-271-002,073-231-006.-007,073-291-003,073-321-003
Assucl sIo network Tiles PIt�icct Piles�SLO('ounIy N A('IMIIIN'10 Ow uc Is Cit%ul'SLU Fast:lie nt Dell-RPV ISP:D PiIlal-112-I I-08,1) 7('
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7. As to parcel number 073-321-003, the teens of the Deed of Conservation Easement dated
June 21, 2007, and recorded on June 28, 2007 as Instrument Number 2007043656 in the
Official Records of San Luis Obispo County, attached hereto as Attachment A. are
incorporated by reference in this Easement Deed.
GRANTOR:
City of San Luis Obispo
9
Date: By:
Name:
Title:
State of California)
County of )
On before me, Notary
Public, personally appeared
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, 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
Signature (Seal)
A13 073-271-002.073-231-006. -007.073-291-001073-312 1-003
A>as1 4,ncm ,jk Me,Project 17i les SIO('o inly NA('IMIEN'1'0 Ow'neis Cii}ni SLO Fascineni Deed-REVISED Final-IP-I 1-I)S.DO('
Page 6 of 8
I
Al
Approval by The Land Conservancy of San Luis Obispo County as to parcel 073-321-003
under the terms of that Deed of Conservation Easement dated June 21, 2007, and recorded as
Instrument Number 2007043656 on June 28, 2007 in the Official Records of San Luis Obispo
County(copy attached hereto as Attachment A and incorporated herein):
By:,"'
Gary Felsmap, President
Board of Trustees
State of California )
County of San Luis )
Obispo
On February 20, 2008 before me, B,Hogan Notary
Public, personally appeared —Gary Felsman--
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/�E
subscribed to the within instrument and acknowledged to me that he/5ke'/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 and correct.
a.HOGAN
NCOT!. = 15:2883
WITNESS my hand and official seal <
� -a^- No:ary'rublic-C�l'ornia 1
County of Szn Luis Obispo n
My Comm.Exp.June 25,2009
Signature (Seal)
APi,'073-27 i-oo—,,0 7 3-351-006. -007, 07 3-2()I-oi);.073-12 1-00?
A osocl .I n:uc,.i l;hl Pmiul bil x CI f 1 Y' unL NAUIn I II:KTII t l""'F,f w,n1�1 i 11ia :mens I1,,;d W:V IS1:11
Pat-,t 7 of
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the COUNTY OF SAN LUIS OBISPO FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, grantee herein, hereby accepts for public
purposes the real property, or interest therein, described in the foregoing Easement Deed dated
2008, from City of San Luis Obispo, grantor therein, and consents
to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this_day of 12008.
COUNTY OF SAN LUIS OBISPO FLOOD CONTROL AND WATER CONSERVATION DISTRICT
By:
Name:
Title:
ATTEST:
AP 4 073-271-001073-281-006,-007,073-29 1-003,073-32 1-003
Asucl'<lo neneork Ides Pwieci PiIn.SL0('uunp'NA('INHEN]U Owucrt City nl SI(1 f-.aseweni Deed-RMSEU Pinel-(12-1 I-IIS.IIUC
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL APN 073,271,002
All that certain piece or parcel of land situated, lying,and being a part of Lot eight(8)of the subdivision
of Rancho Potrero de San Luis Obispo as same was set off to Juana Serrano,and particularly described in
a partition suit entitled Manuel Serrano,Antonio Serrano de Munoz,Juana Serrano, and Morris Goldtree,
plaintiffs versus Hipolito Serrano, Charles Serrano, Refugio Serrano, Elvisa Herrera, Miguel Serrano,
and Isaac Goldtree,defendants, by a decre§of the Superior Court of the County of San Luis Obispo,
made and entered on December 20, 1887 in Book B of Judgments,at Page 339,a copy of which decree°s
recorded in Book 3 of Deeds, page 560, records of said county,and being more particularly described as
follows:
Beginning at a 2-inch iron pipe marked, "R.E. No. 2097"which bears South 57°2700"West, 85.00 feet
from engineer's station 8740-50.40 on the centerline of the Southern Pacific Railroad right of way, as
said right of way was conveyed by Deed,Commercial Bank to the Southern Pacific Railroad Company,
dated October 16, 1890, and recorded November 26, 1890 in Book 11, Page 5-of Deeds;
Thence from said point of beginning North 57'27'00"East, 35.00 feet to the Southerly line of said
Southern Pacific Railroad right of way;
Thence running South 3233'00" East, along said Southerly line, 522.22 feet;
Thence South 55'20'59" West, 228.39 feet;
Thence South 41'49'21"East, 155.00 feet;
?hence South 86"49'21" East, 21.21 feet to a point hereinafter referred to as point"A";
Thence South 41'49'21"East, 151 feet more or less, to the Westerly line of the County road known as
Stenner Canyon Road;
Thence Southerly along the said Westerly line to a point which is 80.00 feet Southerly(measured at right
angles) from the course South 41'49'21"East hereinbefore mentioned;
Thence North 41'49'21" West, 179.00 feet, more or less to a point which bears South 48010,39" West
80.00 feet from the point hereinbefore referred to as point"A";
Thence North 3'10'39"East,21.21 feet;
Thence North 41'49'21" West, 515.16 feet;
Thence North 71'19'44"East, 140.00 feet;
Thence North 41'55'58" West, 603.00 feet;
Thence North 48'04'02" East, 82.00 feet;
Thence North 32'24'28.69" West, 366.042 feet to the Southeasterly line of that chain 7.99 acre parcel of
land described in the Deed from Nancy Cheda to the State of California, recorded May 17, 1941 in Book
298,Page 87 of Official Records;
Thence along Southeasterly line, North 81'1 ('21.71" East,260.889 feet;
Thence South 56'1 ITT" East, 131.926 feet;
Thence on a series of compound curves, concave to the right, the first curve tangent to the last mentioned
course,have the following radii and arc distances;
Radius 5644.608 feet, arc 29.555 feet;
Radius 2779.837 feet, arc 29.110 feet;
Radius 1824.913 feet, arc 28.666 feet;
Radius 1347.468 feet, arc 28.221 feet;
Radius 1061.006 feet, arc 326.535 feet;
Radius 1347.468 feet, arc 28.221 feet,
CFflt�tPsL 1 OF .
Radius 1824.913 feet,are 28.666 feet;
Radius 2779.837 feet,are 29.110 feet;
Radius 5644.608 feet,arc 29.555 feet to a point;
Thence South 32°33'00"East,tangent to the last arc, 133.80 feet to the Point of Beginning.
i{{BIT CL Meg _.��
A UA CRUEN f',
LEGAL DESCRIPTION
PARCEL APN: 073,281,006
That portion of Lot 9 of the Partition Map of a part of the Rancho Potrero De San Luis Obispo, in the
County of San Luis Obispo, State of California, made by R.R. Harris in September 1887, in the County
of San Luis Obispo,State of California, filed for record December 19, 1887 in Book A, Page 171 of
Maps referred to in the Final Decree recorded September 29, 1935 in Book U, Page 28 of Deeds,
described as follows:
Beginning at a point in the Northerly line of that certain tract of land conveyed by San Luis Obispo
Water Company to the City of San Luis Obispo by Deed dated February 14, 1900 and recorded in Book
43 at Page 504 of Deeds,distant North 83'35' East, 149.26 feet from Station S-45 of the Survey of said
Rancho;
Running Thence along said Northerly line North 83'35' East,485.7 feet to a point,
Thence leaving said Northerly line North 10'52' East,324.18 feet to a point;
Thence North 65'55' West,228.26 feet to Point"X";
Thence North 65'55' West, 271.5 feet to a point;
Thence South 24'05' West, 312.86 feet to a point;
Thence South 7'52'East 293.67 feet to a point or place of beginning.
PARCEL :: APN: 073,281,007
That portion of Lot 9 of the Partition Map of a part of the Rancho Potrero De San Luis Obispo, in the
County of San Luis Obispo, State of California, made by R.R. Harris in September 1887, in the County
of San Luis Obispo,State of California, filed for record December 19, 1887 in Book A,Page 171 of
Maps referred to in the Final Decree recorded September 29, 1935 in Book U,Page 28 of Deeds,
described as follows
Commencing at a I/1/2"iron pipe marked S45 sett on the Westerly line of Lot 9 of Rancho Potrero de
San Luis Obispo;
Thence running from said point,North 83'35' East, 149.26' to a point;
Thence North 7'52' West, 293.67 feet to a point;
Thence North 24'05' East,312.86 feet, to a concrete monument being the True Point of Beginning;
Thence North 24'05' East, 150 feet to a point;
Thence South 65'55' East,464.53 feet to a point;
Thence South 10'52' West, 154.08 feet to a point;
Thence North 65'55' West,499.76 feet to the Point of Beginning
PARCEL
A perpetual easement or right of way for a road to be used in common with others and to construct,
operate,maintain,patrol, reconstruct, repair,remove, replace, increase and/or change the number and/or
size of pipes,pipe lines and appurtenances for the conveyance of water, over, under, along and upon the
following described tract:
EXF MA PAGE 3 OF �
I
4 Y
UA CRUEN
I
That portion of Lots Ian d 9 of the Partition Map of apart of the Rancho Potrero De San Luis Obispo, in
the County of San Luis Obispo, State of California, made by R.R. Harris in September 1887, in the
County of San Luis Obispo, State of California, filed for record December 19, 1887 in Book A, Page 171
of Maps referred to in the Final Decree recorded September 29, 1935 in Book U, Page 28 of Deeds,
described as follows:
Beginning at Station S45 of said Rancho as hereinbefore referred to;
Thence North 83'35' East along the Northerly line of said land a distance of 149.26 feet to a point being
the Southwesterly comer of land hereinbefore described;
Thence North 7'52' West along the Westerly line of said land a distance of 60 feet to a point;
Thence South 69'41' West 145.84 feet to a point;
Thence South 58°35'30" West 16.14 feet to a point;
Thence South 31°24'30"East 20 feet to the Point of Beginning.
PARCEL• APN 073,291,003
That portion of Lot 1 of the Partition Map of a part of the Rancho Potrero De San Luis Obispo, in the
County of San Luis Obispo,State of California, made by R.R. Harris in September 1887, in the County
of San Luis Obispo, State of California, filed for record December 19, 1887 in Book A,Page 171 of
Maps referred to in the Final Decree recorded September 29, 1935 in Book U,Page 28 of Deeds,
described as follows:
Commencing at a post"S.1 1"as said post is shown on the map file in the Office of the County Clerk of
San Luis Obispo County,California, with the Decree in Action No. 640 Superior Court entitled Estevan
Herrera, et al.plaintiff vs. James Herrera, et al.,defendants, to which map special reference is hereby
made, and thence kom said post "S.I I",South 68'40'00"East, 8.00 chains to post"P.6"as shown on
above mentioned map;
Thence South 39°25'00" East,29.60 chains to post "D.3";
Thence South 84'45'00" West, 24.62 chains to post"D.4"'
Thence North 8830'00" West, 1.40 chains post"D.5';
Thence South 80°30'00" West,3.44 chains to post "D.6';
Thence South 68'45'00" West, 1.24 chains to post"D.7'.;
Thence South 40'00'00" West 2.70 chains to post"D.8",-
Thence
D.8";Thence North 20'40'00" East, 29.17 chains to post "S.11", the Point of Beginning.
EXCEPTING THEREFROM that portion described in the deed to the Southern Pacific Rail Road
Company,recorded December 16, 1896 in Book 11,Page 77 of Deeds.
EXRUqff LPAGE
loom a
I[A
LEGAL DESCRIPTION
Lots 1, 8 and 9 of Fractional Section 2,Township 30 South, Range 12 East, Mount Diablo Base and
Meridian, in the County of San Luis Obispo, State of California, according to the Official Plat thereof.
Assessor's Parcel No.: 073,321,003
End of Legal Description
EXHII3fi PAGE���
EXHIBIT"B"
Permanent Right-of-Way
Legal Description
All that portion of real property in the County of San Luis Obispo,State of California designated Lot 9 of"Map of
The Partition of the Rancho Potrero de San Luis Obispo,San Luis Obispo County,California",according to the
Final Decree recorded September 29th, 1885,filed in Book U,Page 28 of Deeds,in the office of the Recorder for
said County,shown on that map recorded December 10, 1887,filed in Book A,at Page 171 of Maps,in the office
of the Recorder for said County;
Being a 40.00 foot wide strip of land lying 20.00 feet on each side of the following described centerline:
Commencing from a 6"X 6"concrete monument tagged R.C.E. 1880 marking comer"I"as shown on that Record of
Survey recorded January 28, 1980,filed in Book 37,at Page 27 of Licensed Surveys in the office of the Recorder for
said County,
Thence,North 57°35'54"East,544.95 feet to the northeasterly boundary of that portion of Lot 9 conveyed to the
City of San Luis Obispo by Grant Deed recorded January 18'h, 1951,filed in Book 594,at Page 71 of Official
Records in the office of the Recorder for said County,and the True Point of Beginning;
Thence,South 75°38'38"West,229.72 feet(course Ll);
Thence,on a tangent curve concave to the left with a radius of 230.00 feet;through a central angle of 430 12'05",
an arc length of 173.42 feet(course Cl);
Thence,South 32°26'33"West,92.19 feet(course 1.2);
I
Thence,on a tangent curve concave to the left with a radius of 215.00 feet,through a central angle of 38°34'42",
an arc length of 144.76 feet(course C2);
Thence,South 06°08'09"East,211.88 feet(course L3)to the southern boundary of that portion of Lot 9
condemned by order of the District Court of the United States in and for the Southern District of California Central
Division,by Lis Pendens action recorded September 10th, 1942,as filed in Volume 316,at Page 445 of Official
Records in the office of the Recorder for said County at a point that lies,South 08°05'04"East,294.08 feet from
said 6"X 6"concrete monument tagged R.C.E. 1880;
I
Furthermore,the sidelines of the herein above described strip of land shall be lengthened and/or shortened to
intersect each other at angle points and where the sidelines intersect property boundaries.
The above described Permanent Right-of-Way contains an area of 31,585 square feet,more or less. I
Bearings shown hereon are based upon the World Geodetic System of 1984(WGS84)reference frame as
determined from GPS observations obtained in September 2005.
End Description
�0�P P10 S•U9`
�5 HUt�yf`o
Prepared by:
O
Daniel S.Hutchinson,L 5139 license renewal 6/30/09) NO 5139 Z
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Datc: Z t0 �?
OF CA�1F�
Page 1 of I
F:\proj\20041041221\Survey\Design\Legals-mise info\T78D0465-City of SLO Old Treatment Plam\Permanent Right-of-Way across old
treatment plant.doc
1
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i
I
EXHIBIT"B"
Permanent Right-of-Way
Legal Description
All that portion of real property in the County of San Luis Obispo,State of California designated Lot 1 of
"Map of The Partition of the Rancho Potrero de San Luis Obispo,San Luis Obispo County,California",
according to the Final Decree recorded September 29", 1885, filed in Book U,Page 28 of Deeds,in the
office of the Recorder for said County,and shown on that map recorded December 19`", 1887, filed in
Book A,at Page 171 of Maps, in the office of the Recorder for said County;
Being a 30.00 foot wide strip of land lying 15.00 feet on each side of the following described centerline:
Commencing from a%"iron pipe tagged L.S.6043,marking comer S.1 l of Rancho Potrero de San Luis
Obispo,as shown on said map;
Thence,South 61°47' 12"West,950.59 feet to the True Point of Beginning at the eastern boundary of
that portion of said Lot 1 conveyed to the City of San Luis Obispo by Grant Deed recorded March 20,
2000, filed as Document Number 2000-015399 of Official Records in the office of the Recorder for said
County;
Thence,leaving the eastern boundary of said portion of Lot 1 conveyed to the City of San Luis Obispo,
South 49° 10'40"West, 171.11 feet(course L1);
Thence,South 586 58' 30"West, 1456.79 feet(course L2)to the western boundary of said portion of Lot
I conveyed to the City of San Luis Obispo;
Furthermore,the sidelines of the herein above described strip of land shall be lengthened and/or shortened
to intersect each other at angle points and where the sidelines intersect property boundaries.
The above described Permanent Right-of-Way contains an area of 48,837 square feet,more or less.
Bearings shown hereon are based upon the World Geodetic System of 1984(WGS84)reference frame as
determined from GPS observations obtained in September 2005. i
End Description
Prepared by:
Daniel S..Hutc tnson,LS 5139 license renewal 6/30/09) j
i
LP
Date: Z 3 vv/\ NV TCS f D �.
rr NO 5139
Of A0 I
Page 1 of 1 j
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FAproj\2004\041221\Survey\DesignTcgals-misc info\T7800465-City of SLA Old Treatment PlantTcrrnanent Right-of-Way across City land-
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EXHIBIT`B"
Permanent Right-of-Way
Legal Description
All that portion of real property in the County of San Luis Obispo, State of California designated as Lot 8
of"Map of The Partition of the Rancho Potrero de San Luis Obispo, San Luis Obispo County,
California",according to that map recorded March 7m, 1889, filed in Book 3,at Page 560 of Deeds in the
office of the Recorder for said County, more particularly described as follows:
Commencing from point 85.00 feet right from engineer's station 8740+50.40 on the centerline of the
Southern Pacific Railroad Right-of-Way as shown of that map recorded May 271h, 1941, filed in Book 2,
at Page 76 of Record of Surveys in the office of the Recorder for said County;
Thence,South 13°41' 27"East,725.05 feet to an angle point in the southwesterly boundary of a portion
of Lot 8,conveyed to the City of San Luis Obispo by Grant Deed recorded January 20d, 1969, filed in
Volume 1504,at Page 360 of Official Records in the office of the Recorder for said County,and the True
Point of Beginning;
Thence,on the southwesterly boundary of said portion of Lot 8 conveyed to the City of San Luis Obispo, 1
North 40°25' 45"West, 100.00 feet(course LI);
Thence,leaving the southwesterly boundary of said portion of Lot 8 conveyed to the City of San Luis I
Obispo,North 49°34' 15"East,40.00 feet(course L2);
Thence,South 40°25'45"East,274.75 feet(course L3)to the northwesterly line of Sterner Creek Read
Right-of-Way;
Thence,along the northwesterly line of Stenner Creek Road Right-of-Way,South 300 16' 51"West,
42.38 feet(course L4);
f
Thence,leaving said northwesterly line of Stenner Creek Road Right-0f--Way,along said southwesterly
boundary of a portion of Lot 8, conveyed to the City of San Luis Obispo,North 40°25'45"West, 188.75 '
feet(course L5)to the point of beginning;
I
The above described Permanent Right-of-Way contains an area of 11,270 square feet,more or less.
Bearings shown hereon are based upon the World Geodetic System of 1984(WGS84)reference frame as j
determined from GPS observations obtained in September 2005.
End Description j
Prepared by:
Daniel S. Hutchinson, LS 5139 license renewal 6/30/07) Q p
N05139 zt i
Date: OS Zz Q
OF CA0F4�\q
Page I of I
FAproj120041041221\Sutvey\Design\Legals-misc info1T7800373-City of SLO Treatment Plant ParceRPermanrnt Right-of-Way for Turnout
across City land.doc
1�1T�P RWe 3
EXHIBIT`B" A RA CUMEN f
Permanent Right-Of-Way
Legal Description
A 30.00 foot wide strip of land in the County of San Luis Obispo, State of California, across a
portion of Section 2,Township 30 South, Range 12 East, Mount Diablo Baseline and Meridian,
lying 15.00 feet on each side of the following described centerline:
Commencing at corner P-6 of the Rancho Potrero de San Luis Obispo,marked by a 2 1/4"brass
cap stamped#153, L.S.2673, as shown on that Record of Survey filed in Book 15, Page 92 of
Licensed Surveys in the office of the Recorder for said County,
Thence, along the northeasterly boundary of said Rancho, South 37°55'09"East, 531.49 feet to
the True Point of Beginning(PE);
Thence, leaving the northeasterly boundary of said Rancho,North 40°43'50" East, 86.91 feet
(L8);
Thence, along a tangent curve to the right with a 100.00 foot radius, through a central angle of
61°37'41",an arc length of 107.56 feet (Cl);
Thence, South 77°38'30"East,52.10 feet(L9)terminating at an intersection with a line that
bears South 13°57'57"East;
Furthermore the sidelines of the herein above described strip of land shall be lengthened and/or
shortened to intersect the northeasterly boundary of said Rancho and to intersect said line
through the centerline terminus.
r
The area of this Permanent Right-of-Way contains 7,397 square feet,more or less.
Bearings shown hereon are based upon the World Geodetic System of 1984(WGS84)reference
frame as determined from GPS observations obtained in September 2005.
End Description
Prepared by:
Daniel S. Hutchinson, LS 5139 license renewal 6/30/09)
Date: (L -;� Uj;L
HU
T�y Fo
+ NO. 5139
Of:CAt1�0�
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WJE 4
EXHIBIT"C"
Temporary Construction Easement
Legal Description
All that portion of real property in the County of San Luis Obispo, State of California designated
Lot 9 of"Map of The Partition of the Rancho Potrero de San Luis Obispo,San Luis Obispo
County, California", according to the Final Decree recorded September 29'h', 1885, filed in Book
U, Page 28 of Deeds, in the office of the Recorder for said County,shown on that map recorded
December 19th, 1887,filed in Book A, at Page 171 ofMaps, in the office of the Recorder for said
County more particularly described as follows:
A 55.00 foot wide strip of land adjoining and lying Southeasterly and Easterly of the
Southeasterly and Easterly line of said permanent right-of-way described herewith in Exhibit
rB"
Furthermore,the sidelines of the herein above described strip of land shall be lengthened and/or
shortened to intersect each other at angle points and where the sidelines intersect property
boundaries-,
The area of this Temporary Construction Easement contains 45,666 square feet, more or less.
End Description
Prepared by:
Daniel S. Hutchinson, LS 5139 license renewal 6/30/09)
Date: Z 3 0
10�ANU Slo
25 HU F E` I
NO 5139
Of CAVE \
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F:Iproj\2004\041221\Sumey\Design\Legals-mise info\T7800465-City of SLO Old Treatmnt Plant\Temporary Construction Eascmcnt across
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EXHIBIT"C"
Temporary Construction Easement
Legal Description
All that portion of real property in the County of San Luis Obispo, State of California designated
Lot 1 of"Map of The Partition of the Rancho Potrero de San Luis Obispo, San Luis Obispo
County, California", according to the Final Decree recorded September 29', 1885, filed in Book
U,Page 28 of Deeds,in the office of the Recorder for said County, and shown on that map
recorded December 19`h, 1887, filed in Book A, at Page 171 of Maps,in the office of the
Recorder for said County, more particularly described as follows:
A 50.00 foot wide strip of land lying adjacent to and Northwesterly from the Northwesterly line
of the permanent right-of-way described herewith in Exhibit`B"by course L 1;
A 40.00 foot wide strip of land lying adjacent to and Southeasterly from the Southeasterly line of
the permanent right-of-way described herewith in Exhibit`B"by course L1;
A 40.00 foot wide strip of land lying adjacent to and Northwesterly from the Northwesterly line
of the permanent right-of-way described herewith in Exhibit"B"by course L2;
A 15.00 foot wide strip of land lying adjacent to and Southeasterly from the Southeasterly line of
the permanent right-of--way described herewith in Exhibit"B"by course L2;
Furthermore, the sidelines of the herein above described strip of land shall be lengthened and/or
shortened to intersect each other at angle points and where the sidelines intersect property
boundaries;
The area of this Temporary Construction Easement contains 92,977 square feet,more or less.
End Description
Prepared by:-DAL-�'J A �
Daniel S. Hutchirlson, LS 5 119 license renewal 6/30/09)
Date:
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NQ 5139
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EXHIBIT"C"
Temporary Construction Easement
Legal Description
A portion of land in Section 2,Township 30 South,Range 12 East,Mount Diablo Baseline and Meridian,
in the County of San.Luis Obispo, State of California,described as follows:
Commencing at comer P-6 of the Rancho Potrero de San Luis Obispo,marked by a 2 1/4" brass
cap stamped#153, L.S.2673,as shown on that Record of Survey filed in Book 15,Page 92 of
Licensed Surveys in the office of the Recorder for said County,
Thence, along the northeasterly boundary of said Rancho, South 37055'09"East,468.96 feet (L1)
to the True Point of Beginning(TCE);
Thence, leaving the northeasterly boundary of said Rancho,North 49'3T43" East,226.44.91 feet
(L2);
Thence,South 52°1012"East,68.44 feet(L3);
Thence, South 13°57'57"East:98.47 feet(L4);
Thence,South 58°58'30"West,204.59 feet(L5)to the northeasterly boundary of said Rancho;
Thence,along the northeasterly boundary of said Rancho,North 37'55'09" West, 122.07 feet(L6)to the
True Point of Beginning(TCE);
The area of this Permanent Right-of-Way contains 32,051 square feet,more or less.
Bearings shown hereon are based upon the World Geodetic System of 1984(WGS84)reference frame as
determined from GPS observations obtained in September 2005.
End Description
Prepared by: "IA
Daniel S.Hutchinson,LS 5139 license renewal 6/30/09)
Date: Z Z SAO t AN0 SU4,`
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UNE TABLE U11441 OF BEARMIQS
UNE LENGTH BEARING
L1 229.72 5753838•W BEARINGS SHOWN HEREON ARE BASED UPON THE WORLD
L2 92.19 GEODETIC SYSTEM OF 1984 (WGS84) REFERENCE FRAME
532'26'33"W AS DETERMINED FROM GPS OBSERVATIONS OBTAINED IN
L3 211.88 S06'08'090E SEPTEMBER 2005.
CURVE TABLE
CURVE I LENGTH I RADIUS I DELTA TANGENT /
Cl 1173.42 1230.00 4312'05" 91.07
C2 144.76 215.00 38'34'42" 1 75.25 i P"O.Q Vull)
/ 3/4' I.P. LS 6043
op
i 535'46'04"W
7272.87' (TIE)
i
T.P•O.B. PARCEL 3 OF
PARCEL 2 OF COAL 89-162
COAL 89-162 �' 073-261-009
073-251 -010
GLICK .�
� GLICK
S57355�4( E) .C. O.R.
C.C. O.R. 544.9
91-003733
91-003784
PTN LOT 9
REFERENCE POINT: 1 /PTN. RANCHO POTRERO f
6•x6' CHC MON i DE SAN LUIS OBISPO f
TAGGED RCE 1880 CITY OF SAN LUIS OBISPO`
073-281-006 !!
s4.08' ( IE)04-E ( 316/OR/445 & f
2sa.o6' (TIE) 1 594/OR/71
I
1
PTN_ LOT 9
END DESCRtP110N PTN. RANCHO POTRERO
PTN. LOT 9 DE SAN LUIS OBISPO
073-281 -009
PTN. RANCHO POTRERO /TAYLOR GAIL FAMILY TRUST d[
DE SAN LUIS OBISPD , CLARK WALTER FAMILY TRUST t
073-281-004 43/Dd/504 —
CITY OF SAN LUIS OBISPO
43/Dd/504
PERMANENT RIGHT-OF-WAY AREA= 31.585 S.F.
I
TEMPORARY EASEMENT AREA= 45,666 S.F.
TOTAL EASEMENT AREA= 77,251 S.F. f
-- — = CENTERLINE OF PERMANENT RIGHT-OF-WAY
---—- = TEMPORARY CONSTRUCTION EASEMENT (TCE) 0 200
= PERMANENT RIGHT-OF-WAY (PE)
1 INCH =200 FEET
EXHIBIT D
PORTION OF RANCHO POTRERO DE SAN LUI
ASSACt ATs9 MS OBISPO
NkXP NACIMIEO WATER PROJECT -
COUNTY OF SAN LUIS OBISPO, CALIFORNIA
4t0• i.,. v:.�•t,..",�F.:dr,,,„in
`==1RDRAWN BY: MS CHECKED BY: DSH DATE: 07/23/07
(� CUESTA TITLE ORDER �fT7T 800465
i
BASIS OF BEARINGS
BEARINGS SHOWN HEREON ARE BASED UPON THE WORLD
GEODETIC SY51E11 OF 1984 (WGS84) REFERENCE FRAME
AS DETERMINED FROM GPS OBSERVATIONS OBTAINED IN
SEPTEMBER 2005
SECTION 2
T.30S., R.12E. .
M.D.B.& M. P.O.C. (S11)
- — 3/4' I.P. LS 8043
RANCHO POTRERO DE SAN LUIS REROoj3ISP \�Ss�' _� FTN. SECTION 2
��4�,
T.30S., R.12E.
�nFJ 9S0% TP.0.8.
M.D.B.& M.
S9 073-321 -003
PARCEL A OF PARCEL S4910'40"W UNITED STATES OF AMERICA
MAP -261 - 05 a, 171.11- (COURT Lt LAND CONSERVANCY
073- LJC -006 `/.`
GUCK a a�
cam' y
PTN, LOT 1
E PTN. RANCHO POTRERO %%
g 's DE SAN LUIS OBISPO
/ CITY OF SAN LUIS OBISPO
073-291-003
i DOC.# 2000-015399
S.P.R.R. R.O.W. `\
PARCEL 1 OF
COAL 89-162
073-261 -008 FTN. LOT 1
GUCK 073-291-002
V.M. O.R. STATE OF CALIFORNIA
91-003782 CALIFORNIA POLYTECHNIC
UNIVERSITY
` 1
PERMANENT RIGHT-OF-WAY AREA= 48,837 S.F.
TEMPORARY EASEMENT AREA= 92.977 S.F.
TOTAL EASEMENT AREA= 141,814 S.F. f
i
- — = CENTERLINE OF PERMANENT RIGHT-OF-WAY
I
—- = TEMPORARY CONSTRUCTION EASEMENT (TCE) ®Spp
= PERMANENT RIGHT-OF-WAY (PE)
1 INCH a 500 FEET
EXHIBIT D
annan
PORTION OF RANCHO POTRERO DE SAN LUIS OBISPO
P IVAQMIEN7'O WATER PROJECT
........ �.�������^ COUNTY OF SAN LUIS OBISPO, CALIFORNIA
.Y.Y.•01• Vnl'.wr1M' ++•ri-J...r.rA.t N:u..r;nrn�..11•rrnl
rY
` DRAWN BY.- MS CHECKED BY.- DSH DATE; 07/23/07
cuESTA TITLE ORDER #T7800465
BASIS OF BEARINGS
= PERMANENT RIGHT-OF-WAY (PE) BEARINGS SHOWN HEREON ARE BASED UPON THE WORLD
GEODETIC SYSTEM OF 1984 (WGS84) REFERENCE FRAME
AS DETERMINED FROM GPS OBSERVATIONS OBTAINED IN
SEPTEMBER 2005.
POINT OF
COMMENCEMENT
(85' RT. OF CENTERLINE /
STA. 8740+50.40 OF i
S.P.R.R. PER 2/RS/76)
/ 1
/
I / '
1 � '
PERMANENT EASEMENT FOR L2 i
NACIMIENTO WATERLINE FROM r—
STATE OF CALIFORNIA 1
/ I
PIN. LOT 8 OF
---------- / SUWMSION OF RANCHO
VY�t�CHO
/ P07RERO��E SAN WIS
1 / I OBISPO
POINT OF CAL POLY STATE UNIVERSITY
1
BEGp�NNC i / (APN:073-271-001)
(OWNER:STATE OF
CALIFORNIA)
PIN. LOT 8 OF , u
SUMMON OF RANCHO I '
POTF4MO DE SAN WIS I
CAL POLY STOB�O UNIVERSITY , I
(APN:073-271-001) I trn
(OWNER STATE OF
CALIFORNIA)
CIlY OF SW WIS I
OBIWO WATER ' LINE TABLE
17WT604T PLANT i UNE LENGTH BEARING
1504/OR/360) I L1 100.00 N4075'45'W
I (APN:073-2710002) , L2 40.00 N4934' -E
1 ' �
I (OWNER:CITY OF SAN I L3 274.75 I S40'25'45-E
LUIS OBISPO) L4 42 38 53016'S1'W l5 188.75 N40'25'45'W j
1 /I
f
SO( Ar
s
50 1w
1 INCH =50 FEET EXHIEIT ® PERMANENT EASEMENT AREA= 11,270 S.F.
dIIYlOIl
NACIDII vro WATER PROJECT PTN. LOT 8 OF SUBDIVISION OF RANCHO POTRERO DE SLO
COUNTY OF SAN LUIS OBISPO. CALIFORNIA
" ==s DRAWN BY: MS CHECKED BY: DSH DATE: 05/02/07
CUESTA TITLE ORDER #6800047
j
5
BASIS OF BEARINGS
BEARINGS SHOWN HEREON ARE BASED UPON THE WORLD
GEODETIC SYSTEM OF 1984 (WGS84) REFERENCE FRAME
AS DETERMINED FROM GPS OBSERVATIONS OBTAINED IN
SEPTEMBER 2005.
= TEMPORARY CONSTRUCTION EASEMENT (TCE)
= PERMANENT RIGHT-OF-WAY (PE)
POINT OF COMMENCEMENT
2-1/4" SAN LUIS OBISPO COUNTY BRASS CAP
STAMPED #153 LS 2673 ACCEPTED AS
#P-6 RANCHO POTRERO OE SAN LUIS OBISPO
BOOK 15 LICENSED SURVEYS PAGE 92
\
CRY OF SAN LUIS OBISPO
PER DOC. NO. 2007-043555
0.o OF OFFICIAL RECORDS .
OSP
/JOoI
C1T'Y OF SAN LUIS OBISPO
POINT OF BEGINNING (TCE) \ \ez Y? 30' 10000' I
POINT OF BEGINNING (PE)
1-0*1
UNE TABLE
/ UNE LENGTH BEARING
L7 468.86 537'55'09"E
COA-403 UNIT A / L2 226.44 N49-37.43"E
PIPELINE AND ROAD EASEMENT / L3 68 44 552'10'12"E
O.R. 1995-040327 \ L4 98.47 513'57'57"E
L5 204.59 S58'58'30"W
L6 12207 37'55'09"W
L7 6253 S3755'09"E
LB 86.91 N40'43'50"E
L9 52.10 .57738'30"E
CURVE TABLE
CURVE LENGTH RADIUS DELTA
giiRTn C1 107.56' 100.00' 61'37'41'
1 INCH -100 FEET EXHIBIT ® PERMANENT ROW AREA = 7,397 S.F.
TEMPORARY EASEMENT AREA = 32,051 S.F.
as�Pn W,P NACIMIENTOWATERPROJECT PORTION OF SECTION 2, T30S, R12E, M.D.B.&M.
COUNTY OF SAN LUIS OBISPO, CALIFORNIA
•..e[ee[• ...i...nay....., ..d•......>..v...,..�..>...in.,,::..
w DRAWN BY: MH/BS CHECKED BY: DSH DATE: 01/09/08
n ,r
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EXHIBIT "B"
Permanent Right-Of-Way
Legal Description
A 10.00 foot wide strip of land in the County of San Luis Obispo,State of California,across a portion of Section 2,
Township-30 South,Range 12 East,Mount Diablo Baseline and Meridian,lying 5.00 feet on each side of the
following described centerline::.
Commencing at comer P-6 of the Rancho Potrero de San Luis Obispo,marked by a 2 1/4"brass cap stamped#153,
L.S.2673,as shown on that Record of Survey filed in Book 15,Page 92 of Licensed Surveys in the office of the
Recorder for said County,
Thence,along the northeasterly boundary of said Rancho,South 37°55'09" East,531.49(Ll);
Thence,leaving the northeasterly boundary of said Rancho,North 40°43'50"East,86.91 feet(L2);
Thence,along a tangent curve to the right with a 100-00 foot radius,through a central angle of 61°37'41",an arc
length of 107.56 feet(Cl);
Thence,South 77°38'30"East,52.10 feet(1-3)to an intersection with a line that bears South 13057'57"East and the
True Point of Beginning(PE);
Thrace,along a tangent curve to the left with a 75.79 foot radius,through a central angle of 2341'32",an arc length
of 31.34 feet(C2);
Thence,North 78039'59"East,90.10 feet(L4);
Thence,along a tangent curve to the left with a 275.00 foot radius,through a central angle of 3(r2621",an arc
length of 146.10 feet(0);
Thence,North 48"13'37"East,89.72 feet(L5);
Thence,along a tangent curve to the left with a 500.00 foot radius,through a central angle of 16°52100",an arc
length of 147.19 feet(C4);
Thence,North 31°21'48"East,39.21 feet(L6)to a terminus;
Furthermore, the sidelines of the herein above described strip of land shall be lengthened and/or shortened to
intersect said line through the point of beginning and to intersect at the terminus.
The area of this Permanent Right-of-Way contains 5,425 square feet,more or less. j
Bearings shown hereon are based upon the World Geodetic System of 1994(WGS84)reference frame as j!
determined from GPS observations obtained in September 2005- 1
End Description
�O�AND SVS`
Prepared by: �o
Davie .Hutchinson, LS 5139 license renewal 6/30/09) 0 p
. NO. 5139
Date:
q of eauFo�' I
I
F:lproj\2004\041221\SurveyUksign\tzgals-mise in folSgPRR\\PPertmnentFiFiber(>pries Righlp-doff-Way..doc t
TTAPUARIAIT
A
BASIS OF BEARINGS d
BEARINGS SHOWN HEREON ARE BASED UPON THE WORLD
GEODETIC SYSTEM OF 1984 (WGS84) REFERENCE FRAME
AS DETERMINED FROM GPS OBSERVATIONS OBTAINED IN
SEPTEMBER 2005.
= PERMANENT RIGHT-OF-WAY (PE)
POINT OF COMMENCEMENT /
2-1/4" SAN LUIS OBISPO COUNTY BRASS CAP
STAMPED #153 LS 2673 ACCEPTED AS /
1P-6 RANCHO POTRERO DE SAN LUIS OBISPO /
\ BOOK 15 LICENSED SURVEYS PAGE 92
CITY OF' SAN LUIS OBISPO
��\sF PER DOC. NO. 2007-043655
OF OFFICIAL RECORDS /
s o
/AQ \ /
o Q F
CRY OF SAN LUIS OBISPO
\� / POINT OF BEGINNING (PE)
i�
\ TIE. LINE
—``COA-403 UNIT A
\ \\ X PIPELINE AND ROAD
EASEMENT
O.R. 1995-040327
/ UNE TABLE
UNE LENGTH BEARING
L7 531.48 537"55'090E
L2 86.91 N40'43'SO"E
L3 52.10 S77'38'300E
/ L4 90.10 N7839'59"E
L5 89.72 N48.13'370E I
L6 31.21 N31'21'48"E
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Ct 107.56' 100.00' 61'3741"
C2 31.34' 75.79' 23'4.1'32"
C3 146.10' 275.00' 30'26'21"
0 140 280
C4 147.19' 500.00' 16'52'00"
mmmmmmod
1 INCH =140 FEET EXHIBIT r PERMANENT ROW AREA = 5,425 S.F.
®c771T1[7Yl PORTION OF SECTION 2, T30S, R12E, M.D.B.&M.
ASSOCIATES I-NIWP NACIMIENTO WATER PROJECT
COUNTY OF SAN LUIS OBISPO, CALIFORNIA
oil
•as u n• \/1/�./\/\l\_/\/1
DRAWN BY: BS CHECKED BY: DSH DATE: 01/09/08
�a
zAmff It AGE-1.
_WA III A
RECORDI\G RE LTMD BY:
Q JULIE R�DEWALD
FIRST AMERICA.`TITLE CO.AIPANY San Luis 18110 County—Clerk/Aecorder 8/28/2807
Rewded d lh"m; n_"' 8:00 8:00 AM
First American Title Company
RECORDING REQUESTED BY D o C#: 200704365$ TJtias t Paas 17
AND WHEN RECORDED MAIL TO: III I ` II
THE LAND CONSERVANCY OF �lIN�I��II�III� Taos ��
es0.06
SAN LUIS OBISPO COUNTY u Jur + vers 0.80
743 Pacific Sbvet ATTACHMENT A(17 pages) $55.00
San Luis Obispo, CA 93401 to EASEMENT DEED,Nacimiento Water
Project City of San Luis Obispo as Grantor
(Space above fine for Recorder's use only)
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSERVATION EASEMENT("Conservation Easement')is made
this zl�day of _2007,by The City of San Luis Obispo,a papal corporation and
political subdivision of the State of California, having and address at 990 palm Street, San Lms
Obispo,CA 93401 CGM0t0r3"j in favor of Tae Land Cwtservancy of San Luis Obispo County,a
California non-profit corparzt w grayed to do business m Caldonink havmS an address at 743
Pacific Street, San Luis Obispo,CA 93401 ("Grantee*). .
WITNESSETH
WHEREAS, Grantors aro the sole owners in fee simple of certain rest property located in San
Suis Obispo County, California known as the West Cuesta Grade Railroad properties, and more
particularly described in Exhtibit A attached hereto and moorporated by this refereace (the
"Property"). Grantors irmwd to grant to Grantee a Conservation Easement over their Property,
Mm particularly described in Exhrbit B attached hereto and incorporated by tins reference(the
"Easement Area"k and
WHEREAS, the Easemem Area is comprised of scenic open space totaling approximately 163
acres that is currently in use for scenic open space, wn&M habitat, and recreational purposes,
together with the riparian areas of Sterner and Chown Creeks, and certain improvemou located
within the Easement Area;and
WHEREAS. Grantors are a municipal corporation under the laws of the State of California,
authorized to hold and manage real property, including the right to transfer certain rights and
obligations,to such.real property,and
WHEREAS, Grantee is a"qualified organization"as defined by Section 170(hx3)of the Internal
Revenue Code and is eligible to hold this Conservation Easement pursuant to Section 815.3 of
California Civil Code. Grantee is a publicly supported tax-exempt non-profit organization,
qualified under Section 50l(cx3) of the Internal Revenue Code whose primary purpose is the
6a1noo7 Pap 1 of 15
l`) a�
i I pp
BEAD{g
i 999►�
preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural,
forested,and/or open space condition;and
WHEREAS, the Property was aquied pursuant to funding provided by the National Guard
Bureau (NGB) under a Cooperative Agreement with the Grantee in order to implement NGB's
Awry Compatible Use Buffer Program (ACUS) for the bene& of Camp San Luis Obispo. The
purpose of the ACUS is to prevent incompatible land uses on the periphery of Camp San Luis
Obispo such as residential development or other uses which could lead to encroachment problems
at Camp San Luis Obispo,and
WHEREAS, Section 720 (bx2) of the Cooperative Agreement with the National Guard Bureau
requires the Grantee to cumber parcels acquired pursuant to the Cooperative Agreement with a
conservation easement inter nest upon reconveyance to another party-,and
WHEREAS, on Jit ne- I,z 2007,the Board of Trustees of the Land Conservancy of
San Luis Obispo County,the governing body for the Grantee, passed a resolution authorizing the
conveyance of the parcels which emprise the Easement Area to the Grantors and subsequently
authorize the acceptance of the Conservation Easement, and all the rights and responsibilities
accruing dwafirom, including muni , edbrcement, stewardship, and the upholding of its
conservation purpose;and
WHEREAS, the Grantors desire to conserve and protect the open space character of the
Easement Area for continued open space uses by donating to the Grantee, exclusively to save
this conservation purpose, this Conservation Easement which will restrict the future use of the
Easement Area to open space uses in perpetuity;and
WFIEREAS, the conservation and protection of the Easement Area for continued open space use
will result in a significant public benef t, namely the dedication to perpetual open space usage of
land that otherwise would be a potential target for residential development or other uses that
could be deleterious to the open space characteristics of the Easement Area,and
WHEREAS, the Easement Area contains two parcels comprising four legally created lots which
will be restricted from their current and fiture development potential by this Conservation
Easement;and
WHEREAS, in addition to the Easement Area's important scenic open space values, the
Easement Area also contains significant natural resource values that are of great importance for
conservation. These include natural resources such as Coast Live Oak woodland (Quercas
i dgrffolfdr natural, artesian springs supporting both Stenner and Chorro Creeks and their
associated riparian and fisheries habitats; rare and sensitive serpentine softs and their associated
botanical resources; and, numerous other rare plants and wildlife identified dmgh the State of
Ca&fornia's Natural Diversity Data Base including Northam Interior Cypress Forest, San Luis
Obispo Sedge (Carex obtc wars), Dwarf Soaproot (Clorngdhrm pomeridianum noir: mimsj
6/21!2007 Page 2 of 15
AffA MINI
I
San Benito Fritillary (Frltt/la ria viridea), Southwestern Pond Turtle (Chani rps mmrnm=
pallldcr), San Luis Mariposa Lily (Caladrortrrs obWoenft and Brewer's Spialower
(Chorbxdhe brew+erO. These natural resource values are considered to be of great importance to
the people of the City of San Luis Obispo,the County of San Luis Obispo,the State of California,
and the United States of America,and
WHEREAS, Grantors intend that these scemic, open space, and natural resod= values
(collectively the "Camservatim Values') of the Easement Area be preserved and maintained by
the continuation of land use patterns, indudmg, without libation, those relating to passive
recreation uses such as sight seeing, wallmhg, hiking, bik g, outdoor education, research, and
sirngar low intensity activities that do not significantly impair or interfere with those values;and
WHEREAS,Grantors further intend,as owners of the Property,to convey to Grantee the right to
preserve and protect the Conservation Values ofthe Easement Area in perpetuity;and
WHEREAS, the specific Conservation Values of the Easement Ates, together with existing
structures and improvements, are documented in a report dated M7e, 2U S't2007,
which inventories relevant features of the Easement Area and is on file with both the Grantors and
the Grantee. The report, incorporated by this reference (the "Baseline Report"), consists of
narrative description, reaps, photographs, and other documentation that the parties collectively
agree provides an accurate representation of the Easement Area at the time of this grant and
which is intended to save as an objective information baseline for monitoring compliance with the
terms of this gram.
NOW, THEREFORE, in consideration of the above and the mutual covenants,tams,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, Grantors hereby voluntarily grant and
convey to the Grantee a Conservation Easement in gross in perpetuity over the Easement Area,
which shall be a servitude rumhing with the land. Everyprovision of this Coacervation Easement
that applies to Grantors and Grantee shall also apply to and be binding upon their respective
agents,heirs,beneficiaries,execrators,administrators,successors,and assigns.
1. ftmose. It is the purpose of this Conservation Easement to assure that the Easement Area,
subject to the existing uses and reserved and conditional rights described herein,will be retained
forever in its open space and natural condition and to prevent any use within the Easement Area
that wig significantly impair or interfere with the Conservation Values of the Easement Area
Grantors intend that this Conservation Easement will confine the use of the Easement Area to
such activities, indtrding, widW limitation those relating to passive recreation uses such as sight
seeing, walldng hu7dng, biking, outdoor education, research, and similar activities that are
consistent with the purpose of this Conservation Easement.
2. Affirmative 8ft is of Grantee. To accomplish the purpose of this Conservation Easement,
the following rights are conveyed to Grantee by this Conservation Easement:
6/21/200 rase 3 of 15
1
a) To preserve and protect the Conservation Values of the Easement Ares.
b) To ernes• upon the Easement Area at reasonable times in order to monitor Grantors'
compliance with and otherwise enforce the teams of this Conservation Eases»can and to
study and to make scientific obsembonsy provided that such entry shall be upon prior
reasonable notice to Grantors, and Grantee shat!not unreasonably imerfere with Grantors'
use and quiet enjoyment of the Easemeart Area.
c) To prevent any acdvity on or use of the Easement Area that is inconsistent with the
Purpose of this Conservation 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,
pursuant to paragraph 6.
d) To place signs upon publicly visile locations of the Easement Area which identify the land
as being protected by this Conservation Easement. The number and location of the signs
are subject to Grantors'prior written approval.
3. Prohibited Uses. Any activity on or use oftbe Easement Area inconsistent with the purpose
of this Conservation Easement is prohibited Without linutiing the generality of the foregoing,the
following activities and uses are eatpressfy prohibited:
a) Division, Subdivision, or partitioning of the Easement Area in any way, whether by
physical,legal or any other process,
b) Residential,Commercial,and Industrial uses of any kind.
C) New buildings, structures, or other improvements, other than those specified herein as
reserved or conditional rights.
d) Waste dumps or dumping of any kind, except for the spreading of mulch, manure, wood
chips,or other organic material for the purposes of soil building or erosion coma
e) Coverage of Ind by asphalt, concrete, or other material that does not constitute a natural
cover for the land.
f) Aberation of the land surface through grading or soil dumping or trenching,except as may
be necessary for activities related to reserved or conditional rights.
g) Surface mineral development or minting of any kind.
h) Advertising signs or billboards of any kind.
6/21n007 Page 4 of 15
ARA
i) Cutting or removal of native trees, shrubs,or other vegetation within the Basement Area,
except as necessary for fire protection, ifitn*& elimination of diseased growth, and
similar protective measures.
j) placement of tip-rap or other fill material within the riparian areas of Stegner and Chorro
Creels, the manipulation of any water course in any way; the diversion, extraction, or
export of any water resources on or beneath the Easement Area, regardless of any legal
water rightaccrued by virtue ofownetsh ip ofthe Easement Area.
k) Any use that would substantially add to the rise of erosion.
1) Installation of new aboveground utility systems, inducing, without limitation, water,
sewer,power,fuel,and communication licca and related activities and equipmem
m) Motorized off-road vehicle use, motorized off-road vehicle races,and the construction of
motorized off-road vehicle courses.
4, Reserved Rinbb. Grantors reserve to timselves, and to their personal representatives,
heirs, successors, and assigns, all rights accruing ftm their ownership of.the Property,including
the right to engage in or permit or invite others to engage in all uses of the Easement Arra that
are not expressly prohibited herein and are not inconsistent with the purpose ofthis Conservation
Easement. Without 6mmng the Scoerality of the foregoing, the following rights are expressly
reserved:
a) Recreational activities, including M=& biting, sight seeing and simrUer low intensity,
passive uses.
b) Educational activities and tours.
c) The right to restore dance to the Easement Area that may be caused by fire, good,
storm,earth movements,or sots beyond the Grantors'control.
d) The right to maintain, repair, or replace all w istueg private roads, fma% bridges, trails,
and structures depicted in the Baseline Report, in.subuentially the same size and location,
that have been lawfully erected and maintained within the Easement Area,and to continue
any and all legally permitted uses pertaining to these amenities, provided that such repair
or replacement does not substantially interfere or impair the Conservation Values.
e) The right to undertake conservation practices within the Easement Area which promote
soil stabilization and reduce erosion in accordance with sound, generally accepted
practices.
6121=7 Few 5 of is
AUA HM[NI I
fl The construction and maintenance of signs as necessary to inform users of the Easement
Area of its identity and regarding Hiles or activities that are acceptable within the
Easement Area or that provide educational or interpretive information.
4.Z CmdUh ort!BhJ%The following uses and activities maybe undertaken with approval of
the Grantee as provided for in Paragraph 5 and in accordance with local, states and federal law.
a) Construction and installation of an anticipated water pipeline and associated mfiastructune
to serve the Numuctito Water Project or other water supply/utnldm projects located
within the general vicinity of ewstaig pipelines arra other apprutena=4 as depicted in the
Baseline Report. All activities associated with this project will be undertaken using best
practices so as to mmi mi me damage or disruption to the Easerneru Area. Appmpru to
mitigation/restoration activities shall be implemented.
b) Construction and installation of bene6cdal riparian restoration/enhancement projects.
3. Notice of IDWqN to Lqdmk Certain Permitted Agim The purpose of requiring
Grantors to notify Grantee prior to undertaking certain permitted activities, as provided in
paragraph 4.21, is to afford Grantee an opportunity to ensure that the activities in question are
designed and carried out in a manner consistent with the purpose of this Conservation Easement.
Wbwrier notice is reap ed,Grantors shall notify Grantee in writing not less than tbuly(30)days
prior to the date Grantors intend to undertake the activity in question. The notice shall describe
the nature, scope, desgm location, timetable, and any other material aspect of the proposed
activity is suiEaart detail to permit Grantee to make an informed judgment as to its consisteam
with the purpose of this Conservation F.asevient.
U Grantee's Amro L Where Grantee's approval is required, as set forth in paragraph S,
Gna tee shall grant or withhold its approval in writing within thirty (30) days of receipt of
Grantors' written request. Grantee's approval may be withheld only upon a reasonable
deternrination by Grantee that the action as proposed would be inconsistent with the purpose of
this Conservation Easement. If Grantee; does not respond to Grantors' written request to
undertah certain permitted activities, as provided in paragraph 4.2, then such activity shalt be
deemed approved. •
6. Grantee's Re medim VGrantee determines that Grantors are in violation of the term of this
Conservation Easement or that a violation is threatened, Grantee shall give written notice to
Grantors of such violation and demand corrective action sufli to cure the violation and,
where the violation involves MM to the Easement Area resulting from any use or activity
in with the purpose of this Conservation Easement, to restore the portion of the
Easement Area so injured. N Grantors fail to cure the violation within thirty (30) days a8er
receipt of notice thereof from Grantee, or under circumstances where the violation cannot
reasonably be cured within a thirty(30)-&y period, fail to begin curing such violation within the
thirty (30)-day period, or fail to continue diligently to cure such violation until finally cured,
6/21/2007 Page 6 of 15
. ! 1
Grantee may bring an action at law or in equity in a court of competent jurisdiction to emoroa the
terms of this Conservation 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 Conservation Easeanent or injury to any Conservation Values protected by this
Conservation Easement,inchrding damages for the loss of any of the Conservation Vales,and to
require the restoration of the Easement Area to the condition tat hexisted prior to any such mjurY.
Without limiting Gramm!liability therefor,Grantee,m its sole discretion,may apply any damages
recovered to the cost of undettabng any corrective action on the Easement Area. If Grantee, in
its sole discretion, determines that circumstaom require immediate action to prevent or mitigate
significant damage to the Conservation Values of the Easement Area, Grantee may pursue its
remedies under this paragraph without waiting for the period provided for sue to expire.
Grantee's rights under this paragraph apply equally in the event of either actual or threatened
violations of the terms of this Conservation Easement,and Grantors agree that Grantee's remedies
at law for any violation of the terms of this Conservation Easement are inadequate and that
Grantee shall be entitled to the 4unctive relief described in this prrragraph, both prohibitive and
mandatory, in addition to such other relied to which Grantee may be entitled, including specific
performance of the terms of this Conservation Easement, aiitlrat the necessity ofproving ether
actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
described in this paragraph shall be c urnulative and shall be in addition to all remedies now or
hereafter existing at taw or in equity.
6.1 Costs of Eafmcasent. Any coats incurred by Grantee in enforchig the terms of this
Conservation Easement against Grantors, mcludm& without limitation, costs of suit, attorneys'
fees, expert witness fees, conwhation fees and any costs of restoration necessitated by Gramtors'
violation of the terms of this Conservation Easement shall be borne by Grantors. If Gramm
prevail in any action taken by Grantee to enforce the terms of this Conservation Easement,
Granters' costs of suit, including, without limitation, attorneys' fees, expert witness fees, and
consultation fees,shall be borne by Gramm
62 GraaWs Discretion. Enforcement of the term of this Conservation Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this
Conservation Easement in the event of any breach of any term of this Conservation Easement by
Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any of
Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the
ezercase of any right or remedy upon any breach by Grantors shall impair such right or remedy or
be construed as a waiver.
63 Waiver of Certain Defenses. Grantors hereby waive any defense of laches or estoppel.
6.4 sets Beyond Grantors• CoatraL Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring airy action against Grantors for airy injury to or change in the
Easement Area resulting from causes beyond Grantors'control,including,without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by Grantors under
61212007 rage 7 of 15
a MI 6!j
emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area
resulting from such wines.
7. Aaesa. The general public may access all or a portion of the Easement Area by this
Conservation Easement, consistent with reasonable regulation concerning said access and
permitted uses.
8. Costa and Mabil iea. Grantors retain all responsibility and shall bear all costs and liabilities
of any kind related to the ownership, operation, upkeep, and mauarenance of the Easement.Area,
including the maintenance of adequate comprehatisive general liability insurance coverage.
Grantors shall keep the Easement Area five of any Hans arising out of any work performed for,
materials furnished to,or obligations inured by Grantor.
8.1 Tum Grantors shall pay all tmoes, assessments, fees,and charges of whatever description
levied on or assessed against the Property and Easdaest Area by competent authority
(collectively "rases"), including any Taxes imposed upon, or incurred as a result of this
Conservation Easement, and shad finrmsh Grantee with satisfactory evidence of payment upon
request. Grantee retains the right, but not the obligation, to pay all such Taxes if not paid in a
timely manner by the Grantor,and shall be promptly reimbursed by Grantor upon request.
8.2 Held Harmless. Grantors shall hold harmless indemnify, and defend Grantee and its
members, directors, offrcas, employees, agents, and contractors and the hens, 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,indudiM without limitation,reasonable attorneys'fees,arising from or in
any way connected with: (1) injury to or the death of any person or 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 safely to the negligenoe of any of the
Indemnified Parties; (2) hazardous substances or waste, and the liabilities and obligations of an
"owns"or"operator"as defined and used m environmental law,including without limitation,the
Comprehensive Eavironnuotal Response, Compensation and Liability Act of 1980, as amended;
and(3)the obligations specified in paragraphs 9 and 8.1.
Grantee shall hold harmless, iridem nify, and defend Grantors and thaw members, directors,
officers, employees, agents, and contractors and the hare, personal representatives, successors,
and assrgos of each of them (collectively Indemnified Parties") fmm and against all liabrTides,
penalties, costs, losses, damages, wcpensea, causes of action Vis. demands, or judgments,
including, without limitation reasonable attorneys' fees, arising from or in any way connected
with the viistence or administration of this Conservation Easement, inchidirng the injury to or the
death of any pawn or Physical damage to any property, resulting from any act. onussion,
condition, or other matter related to or ocauring on or about the Easement Area, regardless of
cause,unless due solely to the negligence of any of the Indemnlfied Parties.
6/21/1A07 Page 9 of 15
1
9. Extinguishment. If circumstances arise in the future that render the purpose of this
Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or aW , whether in whole or in part, by judicial proceedings in a cam of
competent jurisdiction. The amount of the proceeds to which Grantee shall be entitled to fivm
any sale, exchange, or involuntary conversion(after the satisfaction of prior claims) of all or any
portion of the Easement Area subsequent to such temrination or extinguishment, shall be
determined in accordance with paragraph 9.1 (unless California law at the time provides that
Grantors shall be entitled to the full proceeds of the sale, exchange, or involuntary conversion of
the Easement Area without regard to the perpetual nature of this Conservation Easement).
Grantee shall use all such proceeds in a manner consistent with the conservation purposes of this
1a
9.1 tmveadL This Conservation Easement constitutes a real property interest immediately
vested in Grantee, which, for the purposes of paragraph 9, the parties stipulate to have a fair
market value determined by multiplying the fair market value of the Easement Area
unencumbered by the Conservation Easement (minus any increase in value after the date of this
grant attributable to inrprovernments)by the ratio of the value of the Conservation'Easement at the
time of this grant to the full market value of the Easement Area at the time of this grant The
values at the time of this grant shall be those values used to calculate the deduction for federal
income tax purposes allowable by reason of this grant,pursuant to Section 170(h)of the btermal
Revenue Code of 1954,as amended. For the purposes of this paragraph,the ratio of the value of
the Conservation Easement to the value of the Easement Area unencuunbered by the Conservation
Easement shall remain constant.
9.2 Condemuatiom. If the Conservation Easement is taken, in whole or in part,by exercise of
the power of emieent domain, Grantors and Grantee shall be entitled to compensation in
accordance with applicable haw.
10. Assignment This Conservation Easement is transferable, but Grantee may assign its rights
and obligations under this Conservation Easement only to an organization that is deemed mutually
acceptable by both parties and that is a qualified orgaduation 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 statute(or any successor provision then applicable). As
a condition of such transfer, Grantee shall require that the conservation purposes of this grant
continue to be carried out
11. Subsequent Transfers. Grantors may transfer all or a portion of the Easement Area only
with written authorization from the Grantee. If such authorization is granted,Grantors further
agree to incorporate the terms of this Easement in any deed or other legal insbumment by which
they divest themselves of any interest in all or a portion of the Easement Area.including, without
limitation,a leasehold interest or licensed use,and subject to theprovisions contained in
paragraphs 3 through 5.1. Grantors further agree to give written notice to Grantee of the transfer
612MIM Page 9 of is
e HM[NI
of any interest at least twenty(20)days prior to the date of such transfer. Any proceeds from an
authorized transfer,lease,or licensed use by Grantor shall be immediately forwarded to Grantee.
The failure of Grantors to perform any act required by this paragraph shall not impair the validity
of this Easement or limit its enforoeability in any way.
12. F,stomel Certiileates. upon request by Grantors, grantee shall within thirty (30) days
execute and deliver to Grantors any document, mclud'mg an estoppel certificate. which cerq&es
Grantors' compliance with any obligation of Grantors contented m this Conservation.Easement
and otherwise evidences the status of this Conservation Easement as my be requested by
Criamors.
13. Notices. Any notice demand,request,consent,approval,or communication that eitber party
desires or is required to give to the other shall be in writing and eitimr served person4 or sent by
first class mai,postage prepaid,addressed as follows:
To Grantors: Ren Hampian,Chief Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
To Grantee: Robert.A.Hsi,Conservation Director
Land Conservancy of San Luis Obispo County
743 Pacific 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.
14. &gldation. Grantee shall record this instrument m timely fasbion m the official records of
San Luis Obispo County, California, and may w-record it at any time as may be required to
preserve its rights in this Conservation Easement.
18. General ft2ipas.
a) Contra �crfif gLaw. Ile interpretation and performance of this Conservation Easement
shall be governed by the laws of the State of California.
b)Liberal Coon_ Any general rule of construction to the contrary,notwithstanding,
this Conservation Easement shell 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. If any pmvi =in this instrument is found to be ambiguous, an interpretation
6/21/2M Page 10 of 15
AffA MINI
1
consistent with the purpose of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would reader it invalid.
C) Sogtft if any provision of this Conservation Easement, or the application
thereof to any person or d instance, is-foand to be invalid, the remainder of the
provisions of this Conservation Easement; or the application of such provision to
persons or circ other than those as to which it is found to be invalid,as the
can may be,shall not be affected thereby.
d) EntireeAgreenrem This instrument sets forth the entire agreement of the parties with
respect to the Conservation Easement and supercedes all prior discassions,
negotiations,understanding%or agreements relating to the Conservation Easement,all
of wbich are merged herein,
rein,
e) No Forfalure. Nothing cid henna will result is a forfeiture or reversion of
Grantors'title in toy respect.
f) Joint Ob Soden. The obligations imposed by this Conservation Easernent upon
Grantors shall be joint and several.
S) Sucamm The covenants, terms, conditions, and restrictions of this Conservation
Easement shall be binding upon,and inure to the benefit o&the parties hereto and their
respective personal representatives,heirs,successors, and assigns and shall continue as
a servitude running in perpetuity.
h) TermMMM 9f 81" and QWSU= A partys rights and obligations under this
Conservation Easement termimate upon transfer of the party's interest in the Easement
Area or Property, except that liability for acts or omissions occ urnng prior to transfer
shall survive transfer.
i) The captions in this instrument have bent inserted solely for convenience of
reference and are not a part of.this instrument and shall have no effect upon
const action or motion.
j) CootffWa The parties may execute this instrument in two or more ods,
which shall, in the aggeegaVe, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who bas signed it. In the event of
any disparity between the counterparts produced, the recorded coumerpart shall be
controlling.
[The remainder of this page bas been left intentionalhy blank]
6/21AO07 Parc 11 of 15
AffA[HM[NI
TO HAVE AND TO HOLD unto Grantee, its sucoessors,and assigns forever.
IN WITNESS WH MOF Grantors and Grantee have set their hands on the day and year
first written above.
CITY OF SAN LUIS OBISPO:
B DATE: Amme PC,a9
DOM F.ROMERO,MAYOR
ATTEST: APPROVED AS TO FORM:
Audrey , IC a Lowell
City aewCity Attorney
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY:
By:,dArl 1'�—� DATE:
GARYTMSMAN,PRESIDENT
BOARD OF TRUSTEES
[Admowled8 ]
SCHEDULE OF E7=178:
Esbibit A—Legal Description of Property
Eibibit B—Lqd Description of Easement Area
Eibibit C—Baseline Report
6/21)2007 Pave 12 of 15
A11A.
EXHIBIT A
Log Descrin n of Pry R92
Real property is the unincorporated area, County of San Luis Obispo, State of California,
descnlW as follows:
Pared 1:
THE SOUTH 'A OF THE SOUTHWEST %. OF SECTION 35, TOWNSHIP 29 SOUTH,
RANGE 12 EAST,MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
AM 070-061-018
Parcel 2:
LOTS 1, s, AND 9 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN, 1N THE COUNTY OF SAN LUIS
OBISPO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
APN 073-321-003
Pared 3:
LOT 5 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH,RANGE 12 EAST,MOUNT
DIABLO BASE AND MERIDIAN, IN TBE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
LOTS 61 7, 8, 10, 11, 12, AND 13 OF FRACTIONAL SECTION 3, TOWNSHIP 30 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM.AN UNDIVIDED % INTEREST IN AND TO ALL MINERAL
SUBSTANCES, EXCEPTING THEREFROM OIL AND GAS, WITH THE RIGHT OF
INGRESS AND EGRESS INMt>RETO AND THEREFROM; RESERVED BY RAIL ARATA
AND GRACE R. ARATA IN DEED RECORDED JANUARY 13, 1930 IN BOOL 81 PAGE
291 OF OFFICIAL RECORDS.
APN 073-321-013
6121lM Pap 13 of 15
NI
FXMrr B
L1 Desedi tion of lEaNUM Area
Real property in the uniaoorporated area, County of Son Luis Obispo, State of California,
descrRml as follows:
Parcel 1:
THE SOUTH '/z OF THE SOUTHWEST '/s OF SECTION 35, TOWNSHIP 29 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
APN 070-061-018
Parcel 2:
LOTS 1, 8, AND 9 OF FRACTIONAL SECTION 2, TOWNSHIP 30 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS
OBISPO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
APN 073-321-003
6!21007 Page 14 of 15
r
Al [A[qmfNf
l
EXHIBIT C
13muNne oo't
Signed original copies of the Baseline Report are on file with both the Grantor and the Grantee.
6CI/2007 rap is of 15
EVD OF DOCUMENT
k
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On June 2S.2007.before me Audrey City Clerk ply appeared David F.1
Mayor, CITY OF SAN LUIS OBISPO,personalty known to f
-eetisf tstm, eridesee)to be the personffwhose name(6 istwe subscribed to the within
instnanent and acknowledged to me that heAhm#Uy executed the some in his r
a�uho nd capa�Yty(�g9f,and that by hiAnAheir signaturcK on the instrument the pecson(6 or
the entity upon behalf of which the pemoao acted,mwouted the instrument.
WITNESS my hand and official seal
�JbSignature ��
ty Clerk
(Seal) �.; �• a
HM I
AMERr
AEAt I
I
STATE OF CAI. RIA `„• O }ss.
COUNTY OF f1 ,tel iU }
OnL , before me, er ad
personally appeared
pe senedly known to e
•4or proved to me on the basis of satisfactory evidence(to be the person(4 whose name(, is/ars
subscribed to the within instrument and acknowledged to me that helsheMey executed the same
in hisftwAheir authorized capacity(os),and that by his/her{Mir signaturejQ on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my ha d and official seal.
Signature
cnnuaar�c.omMari
cmmitmon s 1646M
►blmy ruoaa-caaiortra
8tane1au cm0y
NMccmm.e�tmreuia.�o
- - - - - - - - - - - -
(fhb area for otkial notaw seed .
Title of Document
Date of Document �r No. of Pages
Other signatures not acknowledged
3008(11M(General)
First American Ttte Insurance Company