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HomeMy WebLinkAboutD-2147 Historic Preservation Easement - San Luis Ranch2020049554 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVED 0CT 23 Ci-VY CL RK APN: 067-121-022 NO RECORDING FEE — PUBLIC AGENCY — Government Code § 6103 Tommy Gong San Luis Obispo - County Clerk -Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 16 Fees: $0.00 Taxes: 0.00 Total: 0.00 k0fo,LIMM %9 II Space Above This Line for Recorder's Use HISTORIC PRESERVATION EASEMENT This Historic Preservation Easement ("Easement") is made this ( of JAVIVry2019, by MI SAN LUIS RANCH, LLC, having an address at 330 James Way, Suite 270, Piskno Beach California 93449 ("Landowner"), to the City of San Luis Obispo, having an address at 990 Palm Street, San Luis Obispo, California 93401 ("Grantee"), for the purpose of forever conserving the open space character of the subject property. RECITALS A. The Landowner is the sole owner in fee simple of the certain real property which consists of approximately 2.46 acres of land located in San Luis Obispo County, California and which property is described as the Agricultural Heritage and Learning Center in the San Luis Ranch Specific Plan and legally described in Exhibit "A" ("Property"). B. Because of their architectural, historic, and cultural character, the main Craftsman style residence, the Main Barn, and the former Spectator Barn/Viewing Stand (collectively the "Structures") were identified as historically significant structures as documented in the San Luis Ranch Final Environmental Impact Report ("FEIR"), incorporated herein by this reference. C. Landowner and Grantee recognize the architectural, historic, and cultural values and significance of the Structures, and have the common purpose of conserving and preserving the aforesaid conservation and preservation values and significance of the Structures. D. Landowner further intends, as the owner of the Structures, to convey to Grantee the right to preserve and protect the architectural, historic, and cultural conservation values of the Structures. E. Grantee agrees by accepting this grant to honor the intentions of Landowner stated herein and to preserve and protect the architectural, historic, and cultural conservation values of the structures. Page 1 San Luis Ranch — Historic Preservation Easement (0 / -25 -2019) 0 -Z% Ln GRANT OF HISTORIC PRESERVATION EASEMENT NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of California and California Civil Code section 815 et. seq., Landowner hereby voluntarily grants and conveys to Grantee a conservation easement over the Property of the nature, character and to the extent hereinafter set forth ("Easement") and Grantee accepts the Easement and agree to honor the intentions of the Landowner to preserve and protect the Structures. 1. Purpose. It is the purpose of this Easement to protect the Structures located on the Property, to honor and protect them and to assure that the Structures will be retained in their existing state, and for their architectural, historic, and cultural conservation values, and to prevent any use of the Property which would significantly impair or interfere with the architectural, historic, and cultural conservation values of the Structures. 2. Landowner's Covenant to Maintain. Landowner agrees at all times to maintain the Structures in the same structural condition and state of repair as existing on the Effective Date of this Easement. Landowner's obligation to maintain shall require replacement, repair, and reconstruction by Landowner whenever necessary to preserve the Structures in substantially the same structural condition and state of repair as that existing on the Effective Date of this Easement. Subject to the casualty provisions of this Easement, this obligation to maintain shall require replacement, rebuilding, repair, and reconstruction of the Structures whenever necessary in accordance with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 C.F.R. § 67), as these may be amended from time to time ("Secretary's Standards"). 3. Landowner's Reservations: 3.1 Landowner's Grading and Stockpiling Rights, and Restoration Obligations. Notwithstanding any provision of this Easement to the contrary, the Landowner specifically reserves the limited right to perform grading and soil stockpiling at and upon the Property for purposes of performing and completing the construction of the project on the Landowner's adjacent real property in accordance with the San Luis Ranch Specific Plan, which adjacent property is legally described as the "Project" in Exhibit "B. Upon the completion of the Project's construction, Landowner shall restore the Property to the condition it enjoyed prior to the grading and any stockpiling activity. To the extent that Landowner fails to perform such restoration within thirty (30) days following the completion of construction, or fails to commence such restoration within said period and thereafter diligently pursue the same until completion, the Grantee shall have the right to perform such restoration at Landowner's expense, and Landowner shall reimburse Grantee for the cost and expense of said restoration within fifteen (15) days following the Grantee's delivery of a written demand to Landowner for such reimbursement. 3.2 Allowed Uses. The Landowner retains the right to use the Property for the purposes included within the approved San Luis Ranch Specific Plan, or to permit others to use the Property, in accordance with applicable law and the terms of this Easement, without seeking approval or permission of the Grantee. Further the Landowner reserves the right to engage in all acts and uses that are not Page 2 San Luis Ranch - Historic Preservation Easement (0 /-15-2019) expressly prohibited herein and are not inconsistent with the purpose of this Historic Preservation Easement. 3.3 Additional Reserved Rights. The following rights, uses, and activities of, or by, Landowner on, over, or under the Property are permitted by this Easement without further approval by Grantee: (a) the right to engage in all those acts and uses that: (i) are permitted by governmental statute or regulation, (ii) do not substantially impair the conservation and preservation values of the Property; and (iii) are not inconsistent with the purpose of this Easement; (b) the right to maintain and repair the Structures according to the Secretary's Standards. As used in this subparagraph, the right to maintain and repair shall mean the use and application by Landowner of like -kind materials and colors, applied with workmanship comparable to that which were used in the construction of the Structures, for the purpose of retaining the appearance and construction of the Structures. The right to maintain and repair as used in this subparagraph shall not include the right to make changes in appearance, materials, colors, and workmanship from that existing prior to the maintenance and repair without the prior approval of Grantee; and (c) the right to conduct at or on the Property activities that are not inconsistent with the protection of the conservation and preservation values of the Structures. 4. Prohibited Activities. The following acts are expressly forbidden on, over, or under the Property, except as otherwise mentioned in this paragraph: (a) the Structures shall not be demolished, removed, or razed except as otherwise allowed in this Agreement; (b) no other structures, excepting those identified in, or provided under the approved Specific Plan shall be erected or placed on the Property, except for temporary structures required for the maintenance or rehabilitation of the Structures, or for the exercise of the Landlord's reserved rights, such as construction trailers; (c) the dumping of trash, rubbish, or any other unsightly or offensive materials on the Property; (d) the subdivision of the Property (the Property shall not be devised or conveyed except as a unit); (e) above -ground utility transmission lines, except for those reasonably necessary for serving the existing Structures, and the existing utility easements of record. 5. Limitations on Landowner's Responsibilities. Landowner shall not be responsible for the actions of the Grantee or Grantee's representatives at the Property. 6. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Landowner to notify Grantee prior to undertaking certain permitted actions, is to afford Grantee an opportunity to ensure that the action in question are designed and carried out in a manner consistent with the purpose of this Easement. Whenever notice is required Landowner shall notify Grantee in writing not less than thirty (30) days prior to the date Landowner intends to undertake the action in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed action in sufficient detail to permit Grantee to make an informed judgment as to the action's consistency with the purpose of this Easement. 7. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within thirty (30) days following Grantee's receipt of Landowner's written request. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Easement. Should no written response by the Grantee be provided to Landowner within the thirty (30) day period, Grantee shall Page 3 San Luis Ranch HisLoric Preservation EisenenL (01-_'5- 0p Q) be deemed to have approved the proposed action, and Landowner may proceed with the action, but Grantee's approval rights as to any future action are not waived. 8. Standards for Review. When exercising any authority created by the Easement: to inspect the Structures; to review any construction, alteration, repair, or maintenance; or, to review casualty damage or to reconstruct or approve reconstruction of the Structures following casualty damage, Grantee shall apply the Secretary's Standards. 9. Grantee's Remedies. If Grantee determine that Landowner is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Landowner of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Structures resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Structures so injured. If Landowner fails to cure the violation within 30 (thirty) days after the receipt of notice, or under circumstances where the violation cannot reasonably be cured within a 30 (thirty) day period and Landowner fails to begin curing the violation within the 30 day period, or fails to continue diligent efforts to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte if necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for loss of architectural, historic, and cultural conservation values, and to require the restoration of the Structures to the condition that existed prior to any such injury. Without limiting Landowner's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of Landowner undertaking any corrective action on the Structures. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the architectural, historic, and cultural conservation values of the Structures. Grantee may pursue its remedies under this paragraph without prior notice to Landowner or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally_in the event of either actual or threatened violations of the terms of this _Easement. Landowner agrees that since the architectural, historic, and cultural conservation values of the Structures are of inestimable value and some may be intangible, that remedies at law for any violation of the terms of their Easement may be inadequate and that Grantee shall be entitle to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's responsibility to monitor and conserve the architectural, historic, and cultural conservation values of the Structures are hereby recognized as being unique and the fact that some of these values are intangible is understood, and thus the necessity of proving the pertinent architectural, historic, and cultural conservation values of the Structures will not be required in pursuing Grantee's remedies under this Easement. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 10. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantees in exercising its rights under this Easement shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay Page 4 San Luis Ranch - I istone Preservation Casement (01-15-1019) or omission by Grantee in the exercise of any right or remedy upon any breach by Landowner shall impair such right or remedy, or be construed as a waiver. 11. Casualty Damage or Destruction. In the event that the Structures or any part thereof shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other casualty, Landowner shall notify Grantee in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Structures and to protect public safety, shall be undertaken by Landowner without Grantee's prior written approval. Within ninety (90) days of the date of damage or destruction, if required by Grantee, Landowner at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who are acceptable to Landowner and Grantee, which report shall include the following: (a) an assessment of the nature and extent of the damage; (b) a determination of the feasibility of the restoration of the Structures and/or reconstruction of damaged or destroyed portions of the Structures; and (c) a report of the restoration/reconstruction work necessary to return the Structures to the condition existing at Effective Date. 12. Acts Beyond Landowner's Control. Nothing contained in this Easement shall be construed to entitle Grantee to any claim, or to bring any action against Landowner for any injury to or change in the Structures resulting from causes beyond Landowner's control, including, without limitation, fire, flood, storm, and earth movement, or from any action taken by Landowner under emergency conditions to prevent abate, or mitigate significant injury to the Structures resulting from such causes. 13. No Public Access. No right of access by the general public to the Structures, or any portion of the Structures, is conveyed by this Easement. 14. Costs and Liabilities. Landowner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Structures, including the maintenance of adequate comprehensive general liability insurance coverage. Landowner shall keep the Property free of liens arising out of any work performed for, materials furnished to, or obligations incurred by Landowner. 15. Taxes. Landowner shall pay before delinquency all taxes, assessments, fees and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of this Easement, and shall furnish Grantee with satisfactory evidence of payment, upon request. It is intended that this Easement constitutes an enforceable restriction within the meaning of Article XIII, section 8 of the California Constitution and that this Easement qualifies as an enforceable restriction under the provisions of California Revenue and Taxation Code section 402.1 or successor statute. 16. Hold Harmless and Indemnification. Landowner hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, Grantee, its agents, directors and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of any person, physical damage to the Property; Page 5 San Luis Ranch Historic Preservation Eisemertt (0/-15-20/9) the presence or release in, on, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage occurring on or about the Property, unless such injury or damage is caused by Grantee or any agent, trustee, employee, or contractor of Grantee. 17. Insurance. Landowner shall keep the Property insured by an insurance company rated "B+" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fully the damaged Structures without cost or expense to Landowner or contribution or coinsurance from Landowner. Such insurance shall include Grantee's interest and name Grantee as an additional insured. Landowner shall deliver to Grantee, within ten (10) business days of Grantee's written request therefor, certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered with a mortgage or deed of trust, nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds. 18. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided for by California law at the time, to be the amount equal to the difference between the current fair market value of the Property as if unencumbered by this Easement and the current fair market value of the Property encumbered by this Easement, each as determined on or about the date of termination. The values shall be determined by an appraisal performed by an appraiser jointly selected by the Landowner and the Grantee. The Landowner shall pay the cost of the appraisal. Nothing herein shall prevent the Landowner or the Grantee from having an additional appraisal prepared at its own expense. Grantee shall use all such proceeds in a manner consistent with the architectural, historic, and cultural conservation purposes of this grant. 19. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which the parties stipulate to have a fair market value determined by a written narrative appraisal of the Easement's fair market value, and the Property's fair market value at the time of this grant. The ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. shall be deemed to remain constant. The appraised fair market values at the time of this grant shall be the values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to section 170(h) of the Internal Revenue Code of 1954, as amended. 20. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. Page 6 San Luis Ranch - Historic Preservation Easement 10/-'5-?0/9) 21. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Landowner and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualification of this Easement or the status of the Grantee under applicable laws, and any amendment shall be consistent with the purpose of this Easement, shall include reference to the significant architectural, historic, and cultural conservation values and be consistent with protecting those values. Any such amendment shall be recorded in the official records of the County of San Luis Obispo, California. 22. Assignment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer, under section 170(h) of the Internal Revenue Code of 1954, as amended, and the applicable regulations promulgated thereunder, and authorized to acquire and hold cultural conservation easement under sections 815 et. seq. of the California Civil Code, or successor provision. Grantee shall require that the cultural conservation purposes that this grant is intended to advance, will continue to be carried out by any assignee. Grantee shall also notify Landowner in writing, and in advance of any assignment, but the right of assignment shall not be abridged by Landowner. 23. Subsequent Transfers. Landowner agrees to reference the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in the Property, including without limitation, a leasehold interest. Landowner further agrees to give written notice to the Grantee of the transfer of any such interest at least sixty (60) days prior to the date of such transfer. 24. Estoppel Certificates. Upon request by Landowner, Grantee shall within thirty (30) days execute and deliver to Landowner any document, including an estoppel certificate, which certifies Landowner's compliance with any obligation of Landowner contained in this Easement and otherwise evidences the status of this Easement as may be requested by Landowner. 25. Notices. Any notices to the Landowner and the Grantee required by this Easement shall be in writing and shall be personally delivered or sent by First -Class Mail to the following addresses, unless a party has been notified by the other of a change of address: If to Grantee: Michael Codron Community Development Department 919 Palm Street San Luis Obispo, CA 93401 With Copy to: J. Christine Dietrick City Attorney 990 Palm Street San Luis Obispo, CA 93401 If to Landowner: Gary Grossman MI San Luis Ranch, LLC c/o Coastal Community Builders, Inc. 330 James Way, Suite 270 Pismo Beach, CA 93449 Page 7 San Luis Ranch I lisroric Preservation Easement (o r-2s- 20 / >) With Copy to: Steven Spierer Spiererl Woodward ICorbalis JGoldberg 707 Torrance Boulevard, Suite 200 Redondo Beach, CA 90277-3400 or to such other address as either party from time to time shall designate by written notice to the other. 26. Recordation. Grantee shall record this instrument in timely fashion in the official records of the County of San Luis Obispo, California, and may re-record it at any time as may be required to preserve rights in the Easement. 27. Executory Limitation. If Grantee shall cease to exist or cease to qualify or to be authorized to acquire and hold conservation easements under California Civil Code 815 et. seq. and a prior assignment is not made pursuant to paragraph 22, or refuse such rights and obligations, then the rights and obligations under this Easement shall vest in such organization as a court of competent jurisdiction shall direct pursuant to California law and with due regard to the requirement for an assignment pursuant to paragraph 22, especially to the unique and significant character of the architectural, historic, and cultural conservation values involved. Landowner may request relief from the court, in an action under this paragraph to void the Easement if Grantee or its assignees cease to be a qualified organization or refuse their rights and obligations under this Easement. 28. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. 29. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of California Civil Code Section 815 et. seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 30. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 31. Entire Agreement. This instrument sets forth the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with paragraph 21. 32. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Landowner's title in any respect. 33. Joint Obligation. The obligations imposed by this Easement upon Landowner (if multiple Landowners) shall be joint and several. Page 8 San Luis Ranch - Historic Preservation Gasemcnt 101-15- 20191 34. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns 35. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to the transfer shall survive transfer. 36. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 37. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties, each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF Landowner and Grantee have set their hands on the day and year first above written. CITY: LANDOWNER: CITY OF SAN LUIS OBISPO APPROVED AS TO FORM: :Mo �%� r.9 R!- San Luis Ranch - Historic Preservation Easement (0 /-_ 5-20 / 9) MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: MI Entitlements IV, LLC A Delaware limited liability company Its: Manager By: Presidio Merced Land IV Passive, LLC A Delaware limited liability company Its: Co -Manager Page 9 B. y Michael . S livan Its Authorized Representative By: GGCCB, LLC A California limited liability company Its Co -Manager [Notary Acknowledgments Attached.] Page 10 San Luis Ranch Historic Preservation Easement M l - �5- 20 l 9/ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of.,.�--� On g—nt^r Z!45Ibefore me, q-. .�.` � �- o lgtl ❑ate Here Insert Name and Title of the Offic personally appeared Name(s) of Signer(s) 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. ..+Th KEVIN R. CHRISTIAN I certify under PENALTY OF PERJURY under the Notary Public California AAA laws of the State of California that the foregoing `+ - San Luis Obispo County n paragraph is true and correct. x Commission # 2302534 •; ,a �my Comm. Expires Aug 22, 2023 WITNESS my hand and official seal. 1 f Signature !!! Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: `7KQ ! _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claime by Signer( ) Signer's Name: Ni " c,`.,fr� ❑ Corporate Officer - Title(s): . ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 4 Guardian of C ns rvator ra-Other: -��1�ti=�rac��;•,.��� Signer is Representing - ©2018 National Notary Association Signer's Name: -�,�r r�ss V,. -� El Corporate Officer - Ti le(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardia or Conservator Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 557+�ik-iai'Oii>:i{'ei�.`iS: �51•'%:�!ir: if�S�=1ZN:•.r;� �61!',,n1�.i(bii'�'Sii:€:S..r..`.'i �' i'� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of J} On ( ItKv before me, k1L1 Date /} �, Here Insert Name and Ttle of the O rcer personally appeared Nome(s) of Signer(s) 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. SHERIK KASTRAVA Notary Public - California San Luis Obispo County 'y3 Commission N 2263811 My Comm. Expires Oct 22, 2D22 Place Notary Seal and/or Stamp Above 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 Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truth- fulness, accuracy, or validity of that document. State of _ County of Minnesota Hennepin On 2/14/19 before me, Amy Sundell, Notary Public (insert name and title of the officer) personally appeared Michael M. Sullivan 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 para- graph is true and correct. WITNESS my hand and official seal. Signature (Seal) �. AMY SISKDELL NOTARY P1JB" MkNNE OTA Commission Expires January 31. 2020 +I�.. EXHIBITS Exhibit A (Property Legal Description) Exhibit B (Project Legal Description) Page 11 San Luis Ranch — Historic Preservation Easement (01-25-2019) EXHIBIT A Property Legal Description Lot 304 shown on the map of Tract 3096 recorded on q 14 , 20A0 in Book `7 O of Maps, Pages 17 through t 3, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 12 San Luis Ranch — Historic Preservation Easement (n 1- 2s-zn r 9) EXHIBIT B PROJECT LEGAL DESCRIPTION Tract 3096 recorded on Q (4 , 20 dQ in Book `� of Maps, Pages 17 through 413 , inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 13 San Luis Ranch — Historic Preservation Easement (01-35-2019) END OF DOCUMENT