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HomeMy WebLinkAboutD2210 Froom Ranch Open Space and Ag Conservation Agreement Amendment No 1r► () (i "()0 Recording Requested By oc When Recorded Return To: e- �'j o� S Y t_... S 0b: 5 13 e Elaina Cano San Luis Obispo - County Clerk -Recorder 11/20/2023 04:37 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 28 Fees: $0.00 Taxes: 10.00 Total: 0.00 I I I I a "We, R 0, � M, � 1"A' We "'All 19, q9 0 e"" ,,, s 1 ob:Spo �14 Q , 9 3+0 t VK.r -I-1 (J 0 l 0"ENT5 DOCU ® Z,4() AMENDMENT NO. 1 OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT AGREEMENT This Amendment No. 1 ("Amendment No. 1 ") to the Open Space and Agricultural Conservation Easement Agreement is entered into this 2­0"l day of r-I ° ,J , 2023; by and between the CITY OF SAN LUIS OBISPO (the "City") and ECHO ROCK LLC, a California limited liability company as to an undivided 3.104% interest, FRANMAR COMPANY, a California limited partnership as to an undivided 17.607% interest, JRBM INVESTMENTS II, LLC, a California limited liability company as to an undivided 23.852% interest, LOYOLA PROPERTIES 1, L.P., a California limited partnership as to an undivided 5.663% interest, P135 HOLDINGS II, LLC, a Delaware limited liability company as to an undivided 14.401% interest, KERN LAND PARTNERS, LLC, a Delaware limited liability company as to an undivided 14.763% interest, PABLO ECHEVERRIA TRACY, LLC, a California limited liability company as to an undivided 3.642% interest, FROOM RANCH INVESTMENTS 1, LLC, a Delaware limited liability company as to an undivided 8.484% interest, and FROOM RANCH INVESTMENTS Il, LLC, a Delaware limited liability company as to an undivided 8.484% interest, as tenants in common (collectively referred to as "Owner"). RECITALS WHEREAS, Owner owns certain real property (the "Subject Property") known as the Froom Ranch Specific Plan Area and described as Assessor Parcel Nos. 067-241-030 and 067- 241-031, County of San Luis Obispo, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated by reference, and WHEREAS, portions of the Subject Property have certain natural biological resources, natural scenic beauty and existing openness of importance to the community, and WHEREAS, the City and prior owners of the Subject Property entered into an Open Space and Agricultural Conservation Easement Agreement that was recorded on May 21, 2010 as Doc # 2010023616 with the San Luis Obispo County Clerk/Recorder (the "Easement Agreement"); and WHEREAS, on September 15, 2020, the City Council of the City of San Luis Obispo approved Resolution No. 11165 (2020 Series) including the Froom Ranch Specific Plan, Environmental Impact Report ("EIR"), General Plan Amendment, Pre -Zoning, Vesting Tentative Tract Map # 3106, and initiation of the annexation process with the San Luis Obispo County Local Agency Formation Commission ("LAFCO"); and WHEREAS, in particular, Resolution No. 11165 (2020 Series), Section 2, Finding 14, notes that an amendment to the Easement Agreement is allowed by its terms and that "As proposed the amendment is consistent with the purposes of the Easement Agreement because it would increase the overall size of the Easement Area from 7.1 to 7.49 acres, the proposed area includes similar underlying soils, vegetation, and wetlands as existing within the current Easement, and the amendment would result in the preservation of these 7.49 acres for wetland habitat, wildlife habitat, prime agricultural soils/land (as defined by the San Luis Obispo County, Local Agency Formation Commission), and open space," while Section 2, Conditions of Approval, Vesting Tentative Tract Map Conditions, item no. 15, outlines the required standards for permanent land protection to offset lands permanently converted as a result of project development; and WHEREAS, this Amendment No. 1 further restricting and limiting use of the Subject Property as set forth herein will also satisfy, in part, Condition 4.2 of LAFCO's conditions of approval, as outlined in their Resolution No. 2021-05 approving annexation of the Subject Property into the City of San Luis Obispo; and WHEREAS, both Owner and City desire to conserve and protect for the public's benefit the biological diversity that is located within the expanded Easement Agreement area comprised of numerous sensitive status botanical, avian, and wildlife species, including functioning wetland areas, together with the natural scenic beauty and existing openness and other natural resource values conditions found within the expanded Easement Agreement area (collectively, the "Conservation Values"), as further detailed in the EIR; and WHEREAS, this Amendment No. 1 to the Easement Agreement will include additional wetland areas that are not within the existing Easement Agreement area, and therefore this Amendment No. 1 will result in an outcome that permanently protects a net increase of additional land that supports the Conservation Values described above in a manner that is the same or better than if this Amendment No. 1 to the Easement Agreement had not occurred; WHEREAS, Owner and City intend to also enter into an Offer to Dedicate for a new Easement Agreement that will include additional areas comprised of the Froom Creek riparian corridor; the Offer to Dedicate will be accepted following satisfactory completion of construction of the re -alignment and restoration of the Froom Creek riparian corridor, as required in Resolution No. 11165 (2020 Series), Section 2, Conditions of Approval, Vesting Tentative Tract Map Conditions, item no. 37 and as shown on the Froom Ranch Specific Plan vesting tentative tract map, as well as LAFCO's conditions of approval, as outlined in LAFCO Resolution No. 2021-05. AGREEMENT The parties hereby agree that the Easement Agreement shall be amended as follows: 1. The legal description of the area encumbered by the Easement Agreement is hereby amended to include a reconfigured and expanded total area, as legally described in Exhibit B, and shown graphically in Exhibit B-1, attached hereto and incorporated by reference. 2. The last sentence of Paragraph 1 shall be amended as follows: "The purpose of the open space and agricultural conservation easement is to allow continuation of prior historical grazing ...,.a eul k,at i and to otherwise restrict use of the Subject Property as hereinafter set forth. 3. Paragraph 2.a. shall be amended as follows: "The construction of any building or other structure is prohibited in the Easement Area, ezvept st: uetuies aiid iiiiPi-0%,eFnenfs to be ag 4. Paragraph 2.d. shall be amended as follows: "No extraction of surface or subsurface natural resources (except water resources by City through a subse cent easement or agreement) may be allowed in the Easement Area." 5. Paragraph 4 is stricken and shall be null and void. 6. Paragraph 5 shall be amended as follows: "The Subject Property may be subdivided, subject to obtaining all necessary permits and approvals; however, notwithstanding any such subdivision, the Easement Area shall not be Fedueed in swe remain intact and the Easement Agreement shall run with the land." 7. Paragraph 14 shall be amended as follows: "This Easement may be amended only with the written consent of the Owner and City. Any such amendment shall be consistent with the Purposes of this Agreement and with the-City's applicable easement amendment policies, and shall comply with any regulations promulgated in accordance with that seetien, and with Section 815 et seq. of the Civil Code of California, or any other applicable regulations pmmulgated ter. 8. Paragraph 15 shall be amended as follows: "Termination of the Easement shall be governed by Seet:ens 10210 f 027'7 .,Cthe Piib1ie Rese urves !`ode of Cal 0F .._: Chapter 6.6, Sections 51090-51094 of the California Civil Code (Oven Space Easement Act of 19741. Termination of the easement through condemnation is subject to the requirements of SeetieH 10261 of the Publir. ReseuFses Sections 51095-51097 of the California Government Code. if all or- aiiy peoien of the Subjeet PfepeFty it, aequir-ed by eminent domain, er- by pumhase in lieu of eminent damain, City and OwneF shall be paid by the . Should the Easement be condemned or otherwise terminated on any portion of the Easement Area, the balance of the Easement Area shall remain subject to this Agreement. In this event, all relevant related documents shall be updated and re -recorded by the City to reflect the modified Easement Area. 9. All other terms and conditions of the Easement Agreement shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above CITY OF SAN LUIS OBISPO Erica A. Stewart, Mayor ([ATTEST: Teresa Purrington, City C1 r Approved: / X -eff7-=fl- Qere ❑hnson, City Manager Approved to as form: WA (41 U&, Q¢ J. hristine ietrick, City Attorney Owners'signatures on following pages 4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 4aW�40Fi0�WFA4d€I*M 38t�NdkF� F� 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 County of _ San Luis Obispo On November 15, 2023 before me, Date personally appeared Erica A. Stewart Megan Wilbanks, Notary Public Here Insert Name and Title of the Officer 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing MEG► NKS paragraph is true and correct. _ Hosary Fubite blf[ - California San Luis Obispo County_ Commission r 2322526 WITNESS my hand and official seal. ay Comm, Expire Feb 28, 2024 Signature _ Place Notary Seal and/or Stamp Above ignature 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: Amendment #1 Open Space and AG Conservation Easement Agmt. 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 or Conservator ❑ Other: _ Signer is Representing: C2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ECHO ROCK LLC, a California limited liability company as to an undivided 3.104% interest By: Name: Title: FRANMAR COMPANY, a California limited partnership as to an undivided 17.607% interest By: FranCo Company LLC, a California limited liability company, General Partner By: Name: Bruce Beretta Title: Managing Member JRBM INVESTMENTS II, LLC, a California limited liability company as to an undivided 23.852% interest Name: John Bidart Title: Man By: Name: Rosa Maria Bidailt Title: Manager 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 County of KERN On September 26, 2023 Date personally appeared before me, Bruce Beretta — Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. VERONICA LOPEZ 6my Notary Public - California Kern County Commission # 2354096 Comm. Expires Apr 10, 2025 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 No ory P is 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 or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ;tea 02019 National Notary Association 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 County of KERN On September 27, 2023 Date personally appeared before me, John Bidart I Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. VERONICALOPEZ Notary Public - CaliforniaKern County lamy Commission # 2354096 Comm. Expires Apr 10, 2025 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 %. Signatu Not ry Pu is A nT1A\I A 1 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 or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 County of KERN On September 27, 2023 Date personally appeared Veronica Lopez, Notary Public before me, Rosa Maria Bidart Here Insert Name and Title of the Officer 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. VERONICA LOPEZ Notary Public - California x *My Kern County Commission 9 2354096 Comm. Expires Apr 10, 2025 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. r 7 Signature Signatur of t ublic /1MT1P%L1 A I 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 or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: LOYOLA PROPERTIES I, L.P., a California limited partnership as to an undivided 5.663% interest By: �G John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #1 dated October 10, 2007 Its: General Partner �0 John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #2 dated October 10, 2007 Its: General Partner "-B� ZQ�i By: r Andrea M. idari-Oteiza, as Trustee o ie Andrea M. Bidart-Oteiza Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: --C► Andrea M. idart-Oteiza, as Trustee df the Andrea M. Bidart-Oteiza Irrevocable Trust #2 dated October 10, 2007 Its: General Partner PB5 HOLDINGS II, LLC, a Delaware limited liability company as to an undivided 14.401% interest By: KERN LAND PARTNERS, LLC, a Delaware limited liability company By: LANDSTONE PARTNERS V, LLC, a Delaware limited ti2D]IWV company, its Manager By: i., �-Fg Name: Matthew P. We Title: CEO 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 County of KERN September 27, 2023 On _before me, Date personally appeared John B. Bidart Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. y VERONICA LOPEZ Notary Public - California Y �' Kern County Commission ✓R 2354096 `•+ My Comm, Expires Apr 10, 2025 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. f a Signature Signature f of ry Pu iC /1nT10%k1 A 1 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 or Conservator ❑ Other - Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 County of KERN On September 27, 2023 Date personally appeared before me, John B. Bidart Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. 90mv VERONICA LOPEZ Notary Public - California Xern county Cemmissfvn p 2354096 Comm. Expires Apr 10, 2025 Place Notary Seal and/or Stamp Above 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. 4��acjd Signature Signatu N t ry Pu is r%nT1f1w1 A 1 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 or Conservator ❑ Other: Signer is Representing: ------------------ ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: KERN LAND PARTNERS, LLC, a Delaware limited liability company as to an undivided 14.763% interest By: LANDSTONE PARTNERS V, LLC, a Delaware Bmite4lHiability company, its Manager By: Name: Matth . Wade Title: CEO PABLO ECHEVERRIA TRACY, LLC, a California limited liability company as to an undivided 3.642% interest By: Name: Ramon Echeverria Title: Mena By:'5' � Name: duardo Echeverria Title: Manager FROOM RANCH INVESTMENTS I, LLC, a Delaware limited liability company as to an undivided 8.484% interest By: LOYOLA PROPERTIES I, L.P., a California limited partnership, its Sole Member By:� John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By:�� John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #2 dated October 10, 2007 Its: General Partner By:�Andrea , as Trustee of the Andrea M. Bidart-Oteiza Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: f _&b� � Andrea M. Bi art-Oteiza, as Trustee oft Andrea M. Bidart-Oteiza Irrevocable Trust #2 dated October 10, 2007 Its: General Partner CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identityof 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 County of KERN On September 27, 2023 Date personally appeared before me, John B. Bidart Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. *my VERONICA LOPEZ Notary Public - California Kern County Commission N 2354096 Comm. Expires Apr 10, 2025 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. V Signature Signatur of ry Pu c 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 or Conservator ❑ Other: _ Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 County of _ KERN On September 27, 2023 Date personally appeared before me, John B. Bidart --- Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. VERONICA LOPEZ Notary Public • California 10my Kern County Commission 1 I354096 Comm. Expires Apr 1(1, IO25 Place Notary Seal and/or Stamp Above 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. L � Signature Signature of gy Pu C 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 or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing. - FROOM RANCH INVESTMENTS II, LLC, a Delaware limited liability company as to an undivided 8.484% interest By: LOYOLA PROPERTIES I, L.P., a California limited partnership, its Sole Member John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #2 dated October 10, 2007 Its: General Partner Andrea Nf. Bidart-Oteiza, as Trusge of the Andrea M. Bidart-Oteiza Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: ` tdr�eaffidart-Oteiza, as Trus of the Andrea M. Bidart-Oteiza Irrevocable Trust #2 dated October 10, 2007 Its: General Partner 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 County of KERN On September 27, 2023 Date personally appeared _ before me, John B. Bidart --- Veronica Lopez, Notary Public Here Insert Name and Title of the Officer 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. VERONICA LOPEZ Notary Public - California r Co... Kern County Commission N 2354096y Comm. Expires Apr 10, 2025 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 Signatu of ry Pulgic AnT1A\1 A I 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 or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: 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 County of On KERN September 27, 2023 Date personally appeared Veronica Lopez, Notary Public before me, John B. Bidart Here Insert Name and Title of the Officer 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. VERONICA LOPEZ 90my Notary Public • California Kern County Commission # 2354096 Comm. Expires Apr 10, 2025 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 Srgnatu a Not Pu ' 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 or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 docurent. STATE OF } COUNTY OF )SS. ) On 2Q fore me • r .Notary Public, perso Ily 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. ' T LORI HAIR Notary Public • California WITNESS my hand and official seal. .Y Kern County Commission # 2382290 T My Comm. Expires Nov 9, 2025 / Signature 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. rr STATE OF ni& ) ) COUNTY OF ss.] n , LJ r /-u 4, f neror to . Z- , Notary Public, personally appeared I who proved tome on the basis of satisfactory evidence to be the person¢s}^whose name(s)-Ts are -subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the"uthorized capacity(ie*s , and that by hi5/her/the"irsignature(3)-on the instrument the person(s),-or the entity upon behalf of which the person(s"cted, 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. 1NITNES my hand and official seal. SANDRAGOMEZ Notary Public - California San lonvwdino County Commission p 2362665 OlAy Comm. Expires Jun 25. 2025 nature 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 validq of that document. STATE OF ] )SS. COUNTY OF A. 1,01) n On 20 befor _ e?� , Notary Public, persona ly appeared awho proved to me on the basis of satisfactory evidence to be the person("hose name( 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 Ws/her/th6r signature(sy on the instrument the person(s)7 -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. WITNES y hand and offs "al seal. SANnRacaMet Notary Pubilc • California San Bernardino County Commission # 2362665 My Comm. Expires Jurt 25, 2025 Sign Lure 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 • )SS. COUNTY OF ) n 0 , 0� before m , _ W2, ,Notary Public, personally appeared yvho proved to me on the basis of satisfactory evidence to be the personks)-whose name(.is/ubscribed to the within instrument and acknowledged to me that Wshe/they executed the same in hWher/their authorized capacity(4es), and that by hWher/their signature(* on the instrument the person(s), or the entity upon behalf of which the person(sr)-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. WITNES my hand and official seal. SANDRAGOMEZ Notary Public • California San Bernardino County Commission N 2362665 90my Comm. Expires Jun 25, 2025 Si ature 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 O a — )SS. COUNTY OF tm ) L)n ry MCI , lu �� betore me, V UeU36.V1 , Notary Public, person lly appeared mt� I CiL �t& n L a 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. WIT SS my hind and official seal. CRYSTAL ROSE MCDONALD Ex i2Mj C[]ivlM, s►�44816 NOTARY PUBLIC• CALIAMNIA 0V KERN COUNTY Comm, . filar. 28, 2M? Signatl�r- 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 truthfulne§s.accuracy, or validity of that document. STATE OF L } )SS. COUNTY OF -K) ) 0 , 20 befo a me, r ' 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. LORI HAIR Notary PubliC - Californfa Kern County Cornmissfon M 138Z290 +�y Comm. Expires Nav 9, 2025 Signatufe 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 accura or validity of that document. STATE OF C ] )SS. COUNTY OF &64) On Obi ,� before m persona ly appeared ,Notary Public, 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. *my LORI HAIR Notary Public - California Kerry County COMM55ion 9 2332290 Comm. Expires xo� 9 2025 T SignOut'e 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 )SS. COUNTY OF On 20 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 EXHIBIT "A" Parcel 1: Parcel 1 as shown on Certificate of Compliance Lot Line Adjustment COAL 97-182, as evidenced by document recorded March 7, 2000 as Instrument No. 2000-12067 Of Official Records, being more particularly described as follows: That portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of California, according to map recorded in Book A Pages 83 and 84 of Maps, in the Office of the County Recorder of said county, a survey of portions of said Lots being recorded in Book 71 Page 87 of Records of Survey, in the Office of said County Recorder, more particularly described as follows: Beginning at the northeasterly corner common to said Lots 60 and 68, said point being on the westerly right of way line of Los Osos Valley Road; Thence, along the northeasterly line of said Lot 68 and said westerly right of way line of Los Osos Valley Road, South 32°42' 14" East, 786.01 feet to the True Point of Beginning; Thence, leaving said northeasterly line and said westerly line along the following courses: South 57°01'52"West, 798.63 feet; North 32°58'08" West, 15.96 feet to a curve concave northerly which is tangent to a line which bears South 66°55' 33" West, along said curve, said curve having a radius of 64.00 feet, a central angle of 38°59'27", and an arc length of 43.55 feet; North 74°05'00" West, 30.00 feet to a tangent curve concave southerly, along said curve, said curve having a radius of 16.00 feet, a central angle of 48°53'08", and an arc length of 13.65 feet; South 57°01'52" West, 165.11 feet to a tangent curve concave northerly along said curve, said curve having a radius 65.00 feet, a central angle 62°58'08", and an arc length of 71.44 feet; North 60°00'00" West, 87.77 feet; South 82°20' 32" West, 143.16 feet; North 77°26'25" West, 207.79 feet; North 81 °36' 50" West, 220.62 feet; North 56°26' 12" West, 136.77 feet; North 44°22'51" West, 108.70 feet; NOrth 14040'57" West, 307.82 feet; North 04°28'04" West, 112.28 feet; North 39°08'47" West, 425.27 feet to a point on the northwesterly line of that certain portion of said Lot 60 described in a deed recorded in Volume S Page 19 of Deeds in the Office of said County Recorder; Thence, along said northwesterly line, South 57°01'52" West, 5151.42 feet to a point on the southwesterly line of said Lot 60; Thence, along the southwesterly line of said Lot 60 and the southwesterly line of said Lot 68, South 41 °34'36" East, 2259.67 feet to the most southerly corner of said Lot 68; Thence, along the southeasterly line of said Lot 68, North 61 °57'20" East, 6319.76 feet to the existing right of way of Los Osos Valley Road; Thence, along said right of way along a curve concave southwesterly which is tangent to a line which bears North 26°45'21" West, said curve having a radius of 3702.38 feet, a central angle of 05056'53", and an arc length of 384.35 feet; Thence, North 57017'46' East 34.00 feet to a point on the northeasterly line of said Lot 68 and said westerly line of Los Osos Valley Road; Thence, along said northeasterly line and said westerly line, North 32'42' 14" West, 813.68 feet to the True Point of Beginning. Excepting therefrom that portion conveyed to the City of San Luis Obispo, a California Charter Municipal Corporation, in deed recorded July 28, 2010 as Instrument No. 2010-035547 of Official Records. Parcel 2: That portion of Lot 69 of the subdivisions of the Ranchos Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of California, according to map recorded in Book A Pages 83 and 84 of Maps, in the Office of the County Recorder of said county, described as follows: Commencing at the extreme north corner of said Lot 69 at corner of fence bearing North 60 1/2' West and South 23 1/2' East; Thence South 22 1/4' East, 13.42 chains to line of division fence; Thence South. 58 1/4' West, 21.39 chains along division fence to angle of the same; Thence South 48' West, 35.73 chains along division fence to a point in mound of stone; Thence North 43' West, 22.50 chains; Thence North 60 1/2' East, 63.09 chains to Point of Beginning. Excepting therefrom that portion of the land described in deed to the State of California, recorded November 21, 1962 in Book 1212 Page 243 of Official Records. Excepting therefrom that portion conveyed to the City of San Luis Obispo, a California Charter Municipal Corporation, in deed recorded July 28, 2010 as Instrument No. 2010-035547 of Official Records. APN: 067-241-030 and 067-241-031 EXHIBIT `B" That portion of Lots 68 and 69 of the Rancho Canada de Los Osos and La Laguna, according to the Map filed in Book A of Maps at Page 83 in the Office of the County Recorder, County of San Luis Obispo, State of California, lying easterly, southeasterly and southerly of the line described as follows: COMMENCING at the southwesterly terminus of the course described as N 59037'35" E 1411.74' shown on the map filed in Book 71 of Record of Survey at Page 87 in the Office of the County Recorder of said county, said point being a 5/8" rebar with cap stamped "RCE 12545"; thence, Northeasterly along said course North 59°37'23" East, a distance of 167.91 feet to a non -tangent curve concave to the southeast having a radius of 271.99 feet, the radial bearing to said curve being South 83°58'21" West, said point being the POINT OF BEGINNING; thence, Leaving said course, Northerly and northeasterly along said curve through a central angle of 63°49'34", an arc distance of 302.99 feet; thence, North 57047'55" West, a distance of 74.30 feet to a curve concave to the northwest having a radius of 638.79 feet; thence, Northeasterly and northerly along said curve through a central angle of 38048'53", an arc distance of 432.75 feet; thence, North 18°59'01" East, a distance of 432.30 feet to a curve concave to the west having a radius of 502.53 feet; thence, Northerly along said curve through a central angle of 23°23'24", an arc distance of 205.15 feet; thence, North 4024'22" West, a distance of 127.57 feet; thence, North 85036'27" East, a distance of 29.26 feet to a curve concave to the north having a radius of 212.50 feet; thence, Easterly along said curve through a central angle of 21°39'19", an are distance of 80.32 feet to the westerly line of Los Osos Valley Road as shown on said Record of Survey map. EXCEPTING that portion lying easterly of a line parallel with and 15.00 feet westerly of the westerly line of Los Osos Valley Road as shown on said Record of Survey map. ALSO EXCEPTING that portion lying within Calle Joaquin. The land described contains 7.49 acres more or less and shown graphically on EXHIBIT `B-1" herein. 10/ 12/2023 Steven B. Webster, LS 7561 Date EXHIBIT `B-1" r LOS OSOS VALLEY ROAD A=21 *39'19" R=212.50' L=& N85036'27'E 29.26' N4024'22'W 127 I A=23°23'24" R=502.53' L=205.1 P1 l SCALE: 1" = 300' w N57047'55'E as aid► ems'• ����1 °� 9g, N59037'23"E 167.91'- POINT OF COMMENCEMENT, THE SOUTHWESTERLY TERMINUS OF THE COURSE DESCRIBED AS N5903735'E 1411.74'. �'/ design rrm group 3765 S. Hlguera St., Ste. 102 • San Luis Obispo, CA 93401 p: (M) 543-1794 . F: (8051543-4609 WWW.Frmdesign.com 10/12/2023 41�1 / / POINT OF BEGINNING. LAND - 4 LIC. NO.7561 END OF DOCUMENT