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HomeMy WebLinkAboutD2211 Froom Ranch Biological Open Space Easement Deed and Agreement - Tract 31062023035007 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Administration 990 Palm Street San Luis Obispo, CA 93401-3249 Elaina Cano San Luis Obispo - County Clerk -Recorder 11/20/2023 04:37 PM Recorded at the request of PUBLIC Titles: 2 Pages: 29 Fees: $0.00 Taxes: gg0.00 Total: $0.00 No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § H 922 No Recording Fee per Government Code § 27383 BIOLOGICAL OPEN SPACE EASEMENT DEED AND AGREEMENT FOR Froom Ranch Specific Plan, Tract 3106 This Biological Open Space Easement Deed and Agreement (the "Easement Agreement"), is made and entered into this L o 4 I- day of 0 a -i -*—" . L 4-r , 20 23, by and between 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 I1, LLC, a California limited liability company as to an undivided 23.852% interest, LOYOLA PROPERTIES I, L.P., a California limited partnership as to an undivided 5.663% interest, P135 HOLDINGS 1I, 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 1I, LLC, a Delaware limited liability company as to an undivided 8.484% interest, as tenants in common, hereinafter called "Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH 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 Ozz k 1 2023035007 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Administration 990 Palm Street San Luis Obispo, CA 93401-3249 Elaina Cano San Luis Obispo - County Clerk -Recorder 11/20/2023 04:37 PM Recorded at the request of: PUBLIC Titles: 2 Pages: 29 Fees: $0.00 Taxes: $0.00 Total: $0.00 IIII fa I No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 BIOLOGICAL OPEN SPACE EASEMENT DEED AND AGREEMENT FOR Froom Ranch Specific Plan, Tract 3106 This Biological Open Space Easement Deed and Agreement (the "Easement Agreement"), is made and entered into this L J } I- day of 0 a -,-"_ L e- 20 23, by and between 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 I, L.P., a California limited partnership as to an undivided 5.663% interest, PB5 HOLDINGS lI, 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 I, LLC, a Delaware limited liability company as to an undivided 8.484% interest, and FROOM RANCH INVESTMENTS II, LLC, a Delaware limited liability company as to an undivided 8.484% interest, as tenants in common, hereinafter called "Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH 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, on September 15, 2020, the City Council of the City of San Luis Obispo's 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 County of San Luis Obispo Local Agency Formation Commission ("LAFCO"); and WHEREAS, in particular, Resolution No. 11165 (2020 Series), Section 2, 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 that will be satisfied, in part, through this Easement Agreement; and WHEREAS, the Froom Ranch Specific Plan (chapter 3) identifies the area of the Subject Property to be protected by this Easement Agreement; and WHEREAS, a grant of this easement and execution of this Easement Agreement restricting and limiting use of the easement area 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 benefit the biological diversity found within the easement area comprised of numerous sensitive status botanical, avian, and wildlife species, including the federally endangered Chorro Creek bog thistle (Cirsium fontinale var. obispoense), together with the natural scenic beauty and existing openness and other natural and cultural resources values conditions found within the Easement area (collectively, the "Conservation Values"), as further detailed in the EIR; and WHEREAS, Owner has agreed to grant to the City, and City has agreed to accept, this biological open space easement in order to conserve the above -described Conservation Values by restricting Owner's use of and activities on this portion of Subject Property through the imposition of this perpetual Easement Agreement with the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the above recitals, in compliance with Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the Owner and City agree as follows: 1. Owner hereby grants to City, and City hereby accepts, this biological open space easement (the "Easement") over a portion of the Subject Property legally described in the attached Exhibit "B" and graphically shown in the attached Exhibit "C" both of which are incorporated herein by this reference (the "Easement Area"). Said grant of Easement conveys to City an estate and interest in the Subject Property. The purpose of the Easement Agreement is to 2 protect the Conservation Values described above by restricting the use of the Easement Area as hereinafter set forth. 2. The restrictions hereby imposed upon the use of the Easement Area by Owner and the acts which Owner shall refrain from doing upon the Easement Area are, and shall be, as follows: a. No structures shall be placed or erected within the Easement Area, other than fencing appropriate to open space conservation that is consistent with the Froom Ranch Specific Plan (August 2020), as shown and described in section 4.4.4. b. No signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on or in the Easement Area. Owner shall not plant or cause to be planted any vegetation within the Easement Area, except vegetation needed for erosion control, fire protection, or soil stabilization as allowed or approved by the City's Natural Resources Manager or his/her designee. The restrictions set forth in this Section 2.c shall not be construed so as to require Owner to prevent vegetation from growing or being established by natural means or events. d. Owner shall not remove or permit to be removed any vegetation within the Easement Area, except as reasonably necessary for fire protection, hazard abatement, drainage conveyance, or replacement or removal of dead vegetation, as allowed or approved by the City's Natural Resources Manager or his/her designee. Owner shall be solely responsible for obtaining any and all necessary permits and regulatory approvals, as applicable, prior to engaging in such work. e. No extraction or alteration of any surface or subsurface natural or cultural resources of any kind within the Easement Area shall be allowed. f. The general topography of the Easement Area shall be preserved in its natural condition. g. No obstructions or diversions to drainage flows or natural springs in the Easement Area shall be allowed. h. No grazing of livestock or keeping and husbandry of animals of any kind in the Easement Area, except for seasonal stocking for wildland fuel reduction or other natural resources protection purposes, as allowed or approved by the City's Natural Resources Manager. Owner hereby grants to City the following rights: 3 a. To access and enter upon the Easement Area at reasonable times in order to monitor Owner's compliance with and to otherwise enforce the terms of this Easement Agreement. b. Upon Owner's completion of a California Penal Code Section 602 authorization with the City's Police Department, City shall have the right to access and enter upon the Easement Area in order to remove and dispel any trespassers or illegal occupations located thereon upon notice by the Owner of such incidents. c. To plan, construct, and operate a trail for passive recreation purposes through the Easement Area that connects with the City's existing Irish Hills Natural Reserve and will be managed in accordance with the City's existing Open Space Regulations (San Luis Obispo Municipal Code, Chapter 12.22). City will coordinate with Owner on the plans and specifications for such a trail, and prior to implementation would enter into a separate indemnification agreement with Owner in a form satisfactory to both City and Owner. 4. Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the Easement Area. 5. Owner shall indemnify, defend and hold harmless City, its officials, officers and employees, agents, representatives, successors and assigns from and against any and all liabilities, claims, actions, or demands, costs or expenses (including attorney's fees), arising out of or in any way connected with Owner's and City's obligations set forth in this Easement Agreement unless caused by the negligence or willful misconduct of City. Owner warrants that it has no knowledge of a release or threatened release of hazardous substances or wastes on the Easement Area and hereby promises to defend and indemnify City against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with any release of hazardous waste or violation of federal, state or local environmental laws unless caused by the negligence or willful misconduct of City. 6. This Easement shall remain in effect in perpetuity. 7. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 8. This Easement Agreement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed an enforceable restriction within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 4 9. Land uses permitted or reserved to the Owner by this Easement Agreement shall be subject to the ordinances of the City regulating the use of the Subject Property. 10. The terms and conditions contained herein shall run with the land and shall inure to the benefit of and be binding on the parties hereto and their heirs, successors and assigns. 11. The City shall have the right to prevent and correct violations of the terms of this Easement Agreement. With reasonable advance notice to the Owner, the City may enter the Easement Area for the purpose of monitoring the Easement Agreement. If the City finds what it believes is a violation, it may at its sole discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character and agricultural productivity of the Easement Area, the City shall give the Owner written notice of the violation and thirty (30) days to correct it, before filing any legal action. If a court with jurisdiction determines that a violation may exist or has occurred, the City may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring the Owner to restore the Easement Area to its condition prior to the violation. In any case where a court finds that a violation has occurred, the Owner shall reimburse the City for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees. The failure of the City to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. 12. If any other legal action or proceeding arising out of or relating to this Easement Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 13. This Easement Agreement constitutes the entire agreement between Owner and City relating to the Easement Agreement area. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Easement Agreement are of no force and effect. Any amendment to this Easement Agreement will be of no force and effect unless it is in writing and signed by Owner and City or their respective successors or assigns. This Easement Agreement will be effective upon the date it is recorded. 5 IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. CITY OF SAN LUIS OBISPO By CA, �f2 Erica A. Stewart, Mayor Pursuant to City Council Resolution No. 5370 (1984 Series) ATTEST: CITY CLERK Teresa Pu rin ton APPROVED AS TO FORM: MAMA' f d Y ATT RNEY Christine Dietrick Owners' signatures on following pages M CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 n e�e,aiec+xe�keTa�+l s 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 µEGAM WILBA:+xS laws of the State of California that the foregoing _ Notary puhlic • Calirosn4t t ,' =sin Luis Obispo courlty paragraph is true and correct. Commisslfln of I32251b rav c,,,m, rxPlrasFrh ze, 2024WITNESS my hand and official seal. Signature . . � &2� Place Notary Seal and/or Stamp Above Si ature 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: Biological Open Space Easement Deed and Agreement 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: eetaee 02018 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: 1 T1 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: —e�3 Name Title: Bruce Beretta Managing Member JRBM INVESTMENTS II, LLC, a California limited liability company as to an undivided 23.852% interest By:fL� Name: John Bidart Title: Mafia per By: Name: Rosa Mari Bidart 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 27, 2023 Date personally appeared before me, Rosa Maria 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 LOPE2 Notary Public • California Kern County Commission N 23W96 Ccmm. 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 Signal e f Lary AjbYc 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: 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 Yl i Cj-- ) COUNTY OF )SS. } 7 On- f42kcm 203 before me, ORA SU NotaryPublic, person Ily appeared _, -V _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 S my h n and official seal. P4 CRYSTAL ROSE MCDO NA LD COMM. #2442616 NOTARY PUALn-CALIFORNR SignatLke M Comm E. Mar. 2 2027 w A notary pumc 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 , 2Q before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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. a LORI HAtR Notary Public • California YXern County �,•- Commission N 2382290 �A_� My C6mm. Expires Nov 9, 2025 Sig natu -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 j2AA A I] )Ss. COUNTY OF On j� , 20_4� before me PAVI Notary Public, personally appeared proved te me on the basis of satisfactory evidence to be the person(s) whose name(s) 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. µ-. LORI HAIR WITNESS my hand and official seal. Notary Public -CaliforniaKern County Commission # 2382290 r 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. 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) 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 LOYOLA PROPERTIES I, L.P., a California limited partnership as to an undivided 5.663% interest By: John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: rc� ���l.� John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #2 dated October 10, 2007 Its: General Partner By: 1 r&aoqy2� 0 Andrea T I idat#-Oteiza, as Trust of the Andrea M. Bidart-Oteiza Irrevocable Trust #1 dated October 10, 2007 Its: General Partner By: , Andrea M. idart-Oteiza, as Trustee Ahe 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 li 'ted liabil' company, its Manager By: Name: Matthew P. Wade 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 On September 27, 2023 Date personally appeared Veronica Lopez, Notary Public before me, John B. 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 *my Notary Public • California Kern County Commission N 2154096 Comn7. 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 Signat r of N tary Pu Iic 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 Veronica Lopez, Notary Public before me, personally appeared John B. 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 LOPE2 Notary Publk • California Kern County Commission 0 2354096 *my Comm. Expires Apr 10,1425 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 Signatur a Pub 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 limited liability company, its 1VMana r By: Name: Matthew P. made Title: CEO PABLO ECHEVERRIA TRACY, LLC, a California limited liability company as to an undivided 3.642% interest By: '&� - Name: Ramon Echeverria Title: Manager By: Name: Eduardo 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 Un 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 A Bidart-Oteiza, as Trus of the Andrea M. Bidart-Oteiza Irrevocable Trust #1 dated October 10, 2007 Its: General Partner ���:�►.���, � "� .�i�I � Lair Andrea M.Bidart-Oteiza, as Trustee of,e 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 1 County of KERN T September 27, 2023 Veronica Lopez, Notary Public On before me, Date Here Insert Name and Title of the Officer personally appeared John B. Bidart 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 # 2354096 i _ 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 Signat4pd6jetgory Pdyic Jr \IU.\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: ©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 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 - Califomia Kern County Commission # 235A09iu Comm. Expires Apr 10, 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 a Pu rc 1l.1arlIW.\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: 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 By:��� �0 John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #1 dated October 10, 2007 Its: General Partner John B. Bidart, as Trustee of the John B. Bidart Irrevocable Trust #2 dated October 10, 2007 Its: General Partner By: ' Andrea XM i art-Oteiza, as Trustee the Andrea M. Bidart-Oteiza Irrevocable Trust # 1 dated October 10, 2007 Its: General Partner By: A — % Andrea M. idart-Oteiza, as Trustee of 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 1 County of KERN J} On September 27, 2023 Date before me, 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. *my VERONICA LOPEZ Notary Public • California Kern County Commission 9 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. ciSignature Signatt6e try P&W 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 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 - CaliforniaKern County Commission p 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 Sign e f KotaPubfic A nT1A w1 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: 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: 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-;-3_ bekre rne, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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. 6'-`, ^ LORI HAIR WITNESS my hand and official seal. Notary Public - California `x Kern County _ Commission # 2382290 } µy Comm. Expires Nov 9, 2025 rw•e*• Sig atu 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 OFLps AnAeAes] On 5 , 20 ZJ before e, Notary Public, persona ly appeared ] ho proved to me on the basis of satisfactory evidence to be the person(s) whose names) -are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in hWher/th& authorized capacity(ies), and that by hWher/theiF signature(e)-on the instrument the personal, or the entity upon behalf of which the person(s�mcted, 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. WITN S my hand and official seal. SMORA GOAIQ Notary Public • Caiifarnia *my San Bernaffto CountyCommission N 2362665 S[ nature Comm, Expires Jun 25.2025 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 validi of that document. STATE OF } )SS. COUNTY OF ) h _ Uri , Zu . nee re a (ti !II , Notary Public, personally appeared yvho proved to me on the basis of satisfactory evidence to be the person(}whose name(s)--are subscribed to the within instrument and acknowledged to me that he/she/tb4W executed the same in Ns/her/their authorized capacity(ie- and that by hWher/tWr signature{s}-on the instrument the person(s-), or the entity upon behalf of which the person(z -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. Vat"ure my hand and official seal. } SANDfiA GOMIEZ r Notary Public - California San Bernardino County Commission N 2362665 'My Comm. Expires Jun 25, 2025 V4.-- - 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. • tl%11, ?d,!lAjl,I f 0 25 . o z bef a e, M UOW2., Notary Public, personally appeared JIWAMA fti 'ha proved to me on the basis of satisfactory evidence to be the person(srwhose namefg:rarA subscribed to the within instrument and acknowledged to me that he�she/tha"xecuted the same in his/her/th& authorized capacity(k*. , and that by his/her/thetr signature(&) -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 hand and official seal. SANDRAGOMEZ Notary Public - California San Bernardino County Commission N 2362605 *my Comm. Expires Jun 25, 2025 ignature 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 *my Notary Public • California Kern County Commission rf 2354d96 Camm. ExplresApr 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. \l Signature -� Signature f o Aubli A 11T�A\I A � 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: Hill 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 1 County of KERN J} September 27, 2023 On _ _before me, Date personally appeared John 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 lamy Kern County .Commission # 2354a44 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. L4"�Signature �_� Signat r N tary Ablic 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: EXHIBIT A Parcel 1: Parcel l 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 32042' 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 are Iength of43.55 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 are 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 14°40'57" 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 57101'52" 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 05°56'53", and an arc length of 384.35 feet; Thence, North 57117'46' 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 That portion of Lot 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 southerly, southwesterly and westerly of the line described as follows: COMMENCING at the southwesterly terminus of the course described as N 59°37'35" 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 59137'23" East, a distance of 100.67 feet to the POINT OF BEGINNING; thence, Leaving said course, North 7057'03" West, a distance of 16.52 feet to a curve concave to the west having a radius of 333.99 feet; thence, Northerly along said curve through a central angle of 23°00'40", an arc distance of 134.14 feet to a non -tangent curve concave to the south having a radius of 190.00 feet, the radial bearing to said curve being North 19°28'29" East; thence, Westerly and southwesterly along said curve through a central angle of 72°44'47", an arc distance of 241.24 feet; thence, South 53°59'00" West, a distance of 52.45 feet; thence, South 61 ° 16'37" West, a distance of 29.62 feet; thence, North 21 °45'02" West, a distance of 140.95 feet; thence, North 27°06'46" East, a distance of 168.08 feet; thence, North 3'53'14" West, a distance of 29 1. 10 feet; thence, North 35°3626" West, a distance of 171.14 feet; thence, North 22°07'32" East, a distance of 96.11 feet; thence, North 4'07'18" West, a distance of 98.81 feet to the southeasterly line of the land described in the Grant Deed to the City of San Luis Obispo recorded in Document No. 2010-035547 of Official Records in the Office of the County Recorder of said county. EXCEPTING that portion lying within the land described in the Grant Deed to the City of San Luis Obispo recorded in Document No. 2010-035547 of Official Records in the Office of the County Recorder of said county. The land described contains 47.11 acres more or less and shown graphically on EXHIBIT "C" herein. Steven B. Webster, LS 7561 08/19/2022 Date LAND LIC. NO.7561 GA 11 EXHIBIT "C" Los osos vAUEY �oA� DOC. NO.201 OM5547 SCALE: 1" = 500' POINT LINE DATA LINE DIRECTION LENGTH Ll N5903723E 100.67' L2 N07057W W 16.57 L3 S53059W W 52.45' L4 S61-16-37W 29.62' L5 N21045W W 140.95' L6 N27006'46'E 168.08' L7 N03053'14W 291.10, L8 N35°36'26W 171.14' L9 N220073TE 96.11' L10 N04907'16 W 98.81' POINT OF COMMENCEMENT, THE SOUTHWESTERLY TERMINUS OF THE COURSE DESCRIBED AS N 5M7'35' E 1411.74'. CURVE DATA CURVE DELTA RADIUS LENGTH Cl 23000'40" 333.99' 134.14' C2 72°44'47' 190.00' 1 241.24 4 LA Ha S& '+ D +- rn ;0 * LIC. N0.7581 NA qrF OF Cp1.1FC4 Ir design ' groui rrm p p 3765 S. Hlguam St., Ste.102 ■ San I.ub Obhpo, CA 93401 p: (805) 543-1794 • F. (805) 5 4" www.rrmdeslgn.com 12 END OF DOCUMENT