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Home My WebLink AboutD-1543 Froom Ranch Open Space - 067-241-022, 023 Recorded 05/23/2001I? t n U U t y; ul I f f3 is• a: i, a u, i 4` ,T 404 tJ� Doc No: 2001 - 036268 Official Records San Luis Obispo Co. "AEEmVYgo Julie L. ROdewald Recorder WHEN PSORDED RETUR N May 23, 2001 Time: 11:57 IN THE BOARD OF SUPERVISORS % 19?6 COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA _Tuaa _ day —mu-12' 2001 PRKSKNTt Sopervisen Marry L. eeltt, Shirley Bianchi, Michael, P. Ryan, and Chairperson R.N. "Katcho" Achadltan ABSKNTI Supervisor Pea ►hard RESOLUTION NO. 2001 -221 RESOLUTION APPROVING AND ACCEPTING AN OPEN -SPACE AGREEMENT GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO BY ALEX MADONNA, ET AL. The foaowing resokalon is now offered and road: WHEREAS. the County of San Luis Obispo has been duty requested to approve W4 oo110 • Certain grant and offer to dedicate to the County of San Luis Obispo as open -W= that Certain reed property described in the open -space agroornent attached him and made a pan hereof: and WHEREAS, the Direcbr of Planning and Building by letter dated May 22, 2 001. has duly recommended that tie Board of Supervisor approve and accept such offer of dedication to the County of San Luis OWspo, and has further roeontmsnded that such action is Constetent wAth the County's gonersl plan. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Ikutrd of SupeMSOrs Of the County of San Luts Obispo. State of Caldom►a, as to&-#" 1 rho Boar! of Supwvisoro finds and determine that the proservalmn M tho land otfe►ed for dndicstlOn to the County of Ben 1 ure Olmstm as open•eim" in the sttsofted egreornaril is Consistent with the County's general plan; that the land is . oeeenfiehy unimproved and 0 retained in Ms natural state has scenic value to the public and it valuable as a watershed, and the offer of dedication eontainod in sail' agreemont Contains appropriate Covenants to that end; that it is in tho public interest that the land be retained as Open -space because such tend will add to the amenities of living in neighboring urbanized areas; and that approval of the above agreement is cntogoncally exempt from the requiremonts of the California Environmontal Ouolity Act. Rpt No: 00046017 ;NF -1 0.00 ;TOTAL 0.00 DIS-U MEMORANDUM From the Office of the City Attorney May 25 2001 To- Ken HamDi - From: Jeff J Subject: Froom Ranch Olen Space Easement I am pleased to forward to you an executed original of the Froom Ranch Open Space agreement which grants an Open Space Easement to the County of San Luis Obispo and the City. The co- easement was approved by the Board of Supervisors on May 22nd, and recorded on May 23, 2001. This successfully complies with the condition of approval in the parcel map to assign or otherwise transfer the easement to_thP.,jCtW ff nnssLble. I would appreciate it if you would transmit this original agreement to the City Clerk for filing as a permanent record. If you have questions or comments, please feel free to contact me at your convenience. JGJ /sw enc. c (without enclosure) Martin J. Tangeman (w /o enclosure) Lee Price John Mandeville Ron Whisenand Neil Havlik (p/s�i IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tl l a c day May 22 92001 PRESENT: Supervisors Harry L. Ovitt, Shirley Bianchi, Michael P. Ryan, and Chairperson K.H. "Katcho" Achadjian ABSENT: Supervisor Peg Pinard RESOLUTION NO. 2001 ::. 71" ", of Document Rqacorded r EpAY 2 3 2001 a !,' 200 6301 s3— 2s, ...... -...- ... ,r. ^, =p re?d -Prath crigenal. RESOLUTION APPROVING AND ACCEPTING AN OPEN -SPACE AGREEMENT GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO BY ALEX MADONNA, ET AL. The following resolution is now offered and read: WHEREAS, the County of San Luis Obispo has been duly requested to approve and accept a certain grant and offer to dedicate to the County of San Luis Obispo as open -space that certain real property described in the open -space agreement attached hereto and made a part hereof; and WHEREAS, the Director of Planning and Building by letter dated May 22, 2001, has duly recommended that the Board of Supervisors approve and accept such offer of dedication to the County of San Luis Obispo, and has further recommended that such action is consistent with the County's general plan. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows: 1:. The Board of Supervisors finds and determines that the preservation of the land offered for dedication to the County of San Luis Obispo as open -space in the attached agreement is consistent with the County's general plan; that the land is essentially unimproved and if retained in its natural state has scenic value to the public and is valuable as a watershed, and the offer of dedication contained in said agreement contains appropriate covenants to that end; that it is in the public interest that the land be retained as open -space because such land will add to the amenities of living in neighboring urbanized areas; and that approval of the above agreement is categorically . exempt from the requirements of the California Environmental Quality Act. 2.. The Open -Space Agreement Granting An Open -Space Easement To The County Of San Luis Obispo and the City of San Luis Obispo, a copy of which is 1. /-.ga attached hereto as Exhibit A and incorporated by reference herein as though set forth in full, is hereby approved and the offer of dedication contained therein is hereby accepted by the County of San Luis Obispo and the Chairman of the Board of Supervisors is hereby authorized and directed to execute said agreement on behalf of the County of San Luis Obispo. 3. The County Clerk is hereby authorized and directed to record the above agreement and a certified copy of this resolution in the office of the County Recorder of the County of San Luis Obispo, and file a copy of said agreement and resolution with the County Assessor of the County of San Luis Obispo. Upon motion of Supervisor Ryan , seconded by Supervisor Bianchi_ , and on the following roll call vote, to -wit: AYES: Supervisors Ryan, Bianchi, Ovitt, Chairperson Achadjian NOES: None ABSENT: Supervisor Pinard ABSTAINING: None the foregoing resolution is hereby adopted. K.H. ACHADJIAN Chairman of the Board of Supervisors ATTEST: Julie L. Rodewald Clerk of the Board of Supervisors BY: - rHERIE MSPURO Deputy Clerk [SEAL] APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. Pounty Counsel r. 2 Coun�yCounsel Wu''l�r - -2- .,A i STATE OF CALIFORNIA, ) ss. County of San Luis Obispo., ) I, J i 1 i P Rnd wa 1 d , County Clerk and ex- officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this 23rd day of May , 200f. (SEAL) 4761 mjares /wpd Julie L. Rodewald County Clerk and Ex- Officio Clerk of the Board of Supervisors Deputy Clerk. -3- K 0 RECORDING REQUESTED BY: County of San Luis Obispo AND WHEN RECORDED MAIL TO: Clerk of the Board of Supervisors County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 APN 067- 241 -022 067 7241 -023 OPEN -SPACE AGREEMENT GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND TO THE CITY OF SAN LUIS OBISPO. THIS AGREEMENT is made and entered into this ;?.-,>-day of 20,f!�L, by and between ALEX MADONNA, PHYLLIS MADONNA, CATHERINE A. TWISSELMAN, ROWLAND W. TWISSELMAN, JOHN MADONNA, SUSAN MADONNA, KAREN TWISSELMAN, TIMOTHY L. TWISSELMAN, CONNIE E. PEARCE, and CLINTON R. PEARCE, hereinafter collectively referred to as "Owner," the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, hereinafter referred to as "County," and the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owner is the record owner of certain real property (hereinafter referred to as "Owner's Property") located in the County of San Luis Obispo, State of ck. title rpt. t �r California, which is more particularly described in Exhibit A attached hereto and incorporated by reference herein as though set forth in full; and WHEREAS, as a condition of approval of Development Plan D970143D by County for Owner's Property, Owner is required by the County's general plan and the conditions of approval to enter into an agreement with the County, on behalf of himself and his successors in interest, to maintain portions of the site in open -space use; and WHEREAS, as a condition of approval of a City tentative parcel map (MS 51 -00), the Owner shall dedicate the County required open space easement to the City, if acceptable to the County; and WHEREAS, Owner intends that the restrictions contained in this agreement shall apply to that portion of Owner's Property (hereinafter referred to as the "Subject Property ") Which is more particularly described in Exhibit B and shown on Exhibit C attached hereto and incorporated by reference herein as though set forth in full (i.e., the "Open Space Easement Area A" and the "Open Space Easement Area B °); and WHEREAS, execution of this agreement by Owner, County, and City, and the subsequent performance of its obligations by Owner and his successors in interest, will satisfy the open space preservation requirement imposed by the County's general plan and the County's and City's conditions of approval; and WHEREAS, the Subject Property has certain natural scenic beauty and existing openness, and both Owner, County, and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of said property of the Owner; and -2- 0 WHEREAS, Owner is willing to grant to County and to City the scenic use, as hereinafter expressed, of the land and thereby protect the present scenic beauty and existing openness of the Subject Property by the restricted use of said property by Owner through the imposition of the conditions hereinafter expressed; and WHEREAS, both Owner; County, and City intend that the terms, conditions, and restrictions of the open -space easement granted in this agreement are in compliance with Government Code sections 51070 through 51097, inclusive, hereinafter referred to as the "Open -Space Easement Act of 1974," so as to be an enforceable restriction under the provisions of Revenue and Taxation Code section 422; and WHEREAS, Owner has supplied County and City with a current title company preliminary title report�or lot book guarantee listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the Subject Property, and WHEREAS, this agreement supersedes and replaces the "Open -Space Agreement Granting An Open -Space Easement To The County Of San Luis Obispo" dated October 17, 2000, which was recorded as Document No. 2000 - 062152. on October 20, 2000, in the office of the County Recorder of the County of San Luis Obispo, State of California. NOW, THEREFORE, in consideration of the premises and in compliance with the provisions of Government Code sections 51070 through 51097, inclusive, and in further consideration of the mutual promises, covenants, and conditions herein contained and the substantial public benefits to be derived therefrom, the parties hereto agree as follows: -3- 1. Grant of open -space easement. Owner hereby grants to County and to City (as co— grantees), for the term specified in paragraph 8 below, an open -space easement in and to the Subject Property described above. The open -space easement granted herein conveys to County and to City an estate and interest in the real property of the nature and character specified in the Open -Space Easement Act of 1974,'which is subject to the express conditions and restrictions imposed herein upon the use of the property by Owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of himself, his successors and assigns with the County, its successors and assigns and with the City, its successors and assigns to do and refrain from doing, severally and collectively, upon the Subject Property, the various acts hereinafter mentioned. 2. Restrictions on use of the Subject Property. The restrictions imposed upon the use of the Subject Property by Owner and his successors in interest and the acts which Owner and his successors in interest shall refrain from doing, and permit to be done, upon the Subject Property are as follows: (a) No buildings, structures, or other improvements shall be placed, constructed, or erected upon the Subject Property except for agriculture accessory buildings and uses and as otherwise authorized by Development Plan D970143D approved by the Board of Supervisors of the County of San Luis Obispo on November 2, 1999. (b) No advertising of any kind or nature shall be located on or within the Subject Property. -4- (c) Owner shall not plant nor permit'to be planted any vegetation upon the Subject Property except for crop production, range land grasses, natural or ornamental landscaping, and as otherwise authorized by the approved development plan referred to above, and as necessary for erosion control. (d) Except for the construction, alteration, relocation, and maintenance of public roads, private access roads, or driveways, if any, as shown on the approved development plan referred to above, the general topography of the landscape shall be maintained in its present condition and no grading, excavation, or topographic changes shall be made. (e) No use of the Subject Property which will or does materially alter the landscape or other attractive scenic features of the property, other than those specified herein, shall be done or suffered. (f) Owner shall not extract natural resources from the Subject Property, except for development of Owner's underlying water. rights. (g) Owner shall not cut timber, trees, or other natural growth, except as may be required for agricultural use of the Subject Property and for fire protection, thinning, elimination of diseased growth, and similar protective measures. (h) Owner shall not use the Subject. Property or any portion thereof as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the Subject Property or any portion thereof, temporarily or otherwise, anything whatsoever which is not indigenous or natural to the Subject Property. (i) Owner shall not cover or cause the Subject Property to be covered in. whole or in part with any asphalt, stone, concrete, or other material which does not -5- constitute natural cover for the land nor otherwise disturb the natural cover of the land unless otherwise authorized by the provisions of this agreement. Q) No further land division of Owner's Property shall occur except after obtaining all necessary approvals required by the San Luis Obispo County Code or the San Luis Obispo Municipal Code (whichever is applicable), nor shall Owner or his successors in interest otherwise convey (other than under threat of condemnation) the Subject Property or a portion thereof to one or more parties or convey a legal parcel within the Owner's Property to two or more parties each of whom acquire title to less than the whole of said parcel without obtaining the necessary approvals required by the San Luis Obispo County Code or the San Luis Obispo Municipal Code. Any such conveyance or transfer of a .legal parcel within the Owner's Property, the Subject Property, or a portion thereof by Owner or his successors in interest shall be considered null and void. 3. Reservations of use by Owner. Notwithstanding the provisions of paragraph 2 above, the following property rights in the Subject Property are excepted from this grant and are expressly reserved to Owner: (a) The right to maintain all existing private roads, bridges, trails, and structures lawfully erected and maintained upon the Subject Property. (b) The right to construct, develop, and maintain all roads, utilities, structures, and other improvements authorized by the approved development plan referred to above, and any amendments or modifications thereto which may be approved by the County or City. M (c) The right to construct, develop, and maintain private water sources and water systems on the Subject Property for the use and benefit of the Subject. Property and of Owner's Property. (d) The right to the use and occupancy of the Subject Property, subject to the conditions and restrictions imposed in this agreement. 4. Compliance with County and City regulations. Land uses permitted or reserved to Owner in this agreement are subject to and require compliance with all County ordinances and regulations, including those regulating land use, as to property .located within the County, and are subject to and require compliance with all.City ordinances and regulations, including those regulating land use, as to property located within the City. 5. Construction of improvements. Owner shall not construct or permit the construction of any improvements on the Subject Property except as expressly reserved herein or as authorized in the Open -Space Easement Act of 1974. Provided, however, nothing contained in this agreement shall prohibit the construction of either public service facilities installed for the benefit of the Subject Property or public service facilities installed pursuant to an authorization of the Board of Supervisors of the County, the City Council of the City, or the Public Utilities Commission. 6. No authorization for public trespass. The grant of easement contained herein and its acceptance by the County and by the City does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or -7- Utilize the Subject Property in any manner whatsoever. It is understood that the purpose of this agreement is solely to restrict the uses to which the Subject Property may be put so that the property may be kept as near as possible in its natural condition for the benefit of the public. 7. Effect on prior easements. Nothing contained in this agreement shall limit or affect any easements that are of record and that have been heretofore granted by Owner on, over, under, or across the Subject Property or any, portion thereof. 8. Duration of easement. The grant of easement to County and to City contained in this agreement shall be effective when it has been approved and accepted by resolution of the Board of Supervisors and by resolution of the City Council in the manner required by law, and it shall remain in effect in perpetuity unless abandoned or otherwise terminated by the Board of Supervisors and by the City Council in accordance with the provisions of the Open -Space Easement Act of 1974. 9. Enforceable restriction. Upon acceptance of the open -space easement granted herein, the Subject Property shall be deemed to be " enforceably restricted" within the meaning of section 422 of the Revenue and Taxation Code and section 8 of Article XIII of the Constitution of the State of California.. 10. Binding on successors in interest. All provisions of this agreement shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns, and successors in interest. 11. Effect of waiver. County's or City's waiver of the breach of any one term, covenant, or provision of this agreement shall not be a waiver of a subsequent breach In of the same term, covenant, or provision of this agreement or of the breach of any other term, covenant, or provision of this agreement. 12. Judicial enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any covenant or restriction contained herein. 13. Law governing and venue. This agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of California. All duties and obligations of the parties created. hereunder are performable in the County of San Luis Obispo, and such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this agreement. 14. Enforceability. If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 15. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to County shall be addressed as follows: Director of Planning and Building, County of San Luis Obispo, County Government Center, San Luis Obispo, California 93408. Notices required to be given to City shall be addressed as follows: Community Development Director, City of San Luis Obispo, City Hall, 990 Palm Street, San Luis Obispo, California .93401. Notices required to be in given to Owner shall be addressed as follows: Alex Madonna, Post Office Box 3910, San Luis Obispo, California 93406. Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address.. 16. Entire agreement and modifications. This agreement sets forth the full and entire understanding of the parties regarding the matter set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations to the provisions of this agreement shall be effective unless in writing and executed by the parties hereto or their assigns and successors in interest. 17. Agreement to be recorded. Owner, County, and City intend and consent to the recordation of this agreement in the office of the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. OWNER ALEX VAIDONNA I i ;,;; bad, i- /�•- e�' NA, - -10- THERINE A. TWISSELMAN TWISSELMAN NNIE E. PEARCE —S CL CLINTON R. PEARCE COUNTY OF SAN LUIS OBISPO � J By: - Chairman of the Board of Supervisors ATTEST: JULIE L. RODEWALD. By: Clerk of the Board of Supervisors ap ty perk -11 r 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo ss. On May 10, 2001 before me, Deborah S. Davis, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public ") personally appeared Alex Madonna and Phyllis Madonna Name(s) of Signer(s) Place Notary Seal Above IR personally known to me ❑ proved to me on the basis of satisfactory evidence . to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that kte /slRe /they executed the same in 4is/•4es /their authorized capacity(ies), and that by hisA4w /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and o ial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document-: Open Space Agreement Ci.ty /County San Luis Obispo Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ' - Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1- 600 - 876-6627 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo ss. On May 11, 2001 before me, Deborah S. Davis, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Catherine A. Twisselman and Rowland. W. Twisselman Name(s) of Signer(s) DORM & DAVIS Conwnbsion # 1167615 i j4PNVCWml3#wJun17.2M4 Notary KIM - CaAiarNo Son tuts ObhM Cotntp j7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +e /are subscribed to the within 'instrument and acknowledged to me that Ise /&4e/they executed the same in HtsAw /their authorized capacity(ies), and that by WmAiw /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. Description of.Attached DocurrLent Title or Type of Document: Open Space Agreement City /County of San Luis Obis Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual El Corporate Officer — Title(s): Top of th umb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:. Signer Is Representing: m 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1. 800. 876.6827 a � CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California . County of San Luis Obispo ss. On May 11, 2001 before me, Deborah S. Davis, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared John Madonna and Susan Madonna Name(s) of Signer(s) CR personally known to me ❑ proved to. me on the basis of satisfactory evidence D®ORAH S. DAVIS Commission # 1267648 Notary Public - Coftria Z San Luis Obispo County F W Comm. Bpkias Jun 17, 2004 Place Notary Seal Above to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that4ie /else /they executed the same in his#w /their authorized capacity(ies), and that by WeAher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WlTNfjS my hand officj l seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent. removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Open Space Agreement City /County San Luis Obispo Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ' El Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑. Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association -MO. De Soto Ave.,�P.O.;Box 2402 - Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1- 80D- 876 -6827 • i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo ss. On May 10, 2001 before me, Deborah S. Davis, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Karen Twisselman and Timothy L. Twisselman Name(s) of Signer(s) LJ personally known to me ❑ proved to me on the basis of satisfactory evidence ;art.. ' <;: Place Notary Seal Above to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that W&I'ie /they executed the same in I;W/ er /their authorized capacity(ies), and that by his /4w /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT 19SS my hand and o ial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached,pocu�nt Title or Type of Document: Open pace Agreement City /County San Luis Obispo Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual El Corporate Officer — Title(s): -Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Ll Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association-9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1. 800.876 -6827 s • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Count Y of San Luis Obispo ss. On May 1.1, 2001 before me, Deborah S. Davis, Notary Public. Date Name "and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Connie E. Pearce and Clinton R. Pearce Names) of Signer(s) DEBORAH S. DAVIS Commisslon # 1267648 Notary Public - Ccafomia Son Luis Obispo County MyComm. BpkwJun 117,2 0134 X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie /are subscribed to the within instrument and acknowledged to me that - heAs4e /they executed the same in his/he-r/their authorized capacity(ies), and that by We /Mw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my and and offici seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Open Space Agreement City /County San Luis Obispo Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:. Signer Is Representing: Number of Pages: RIGHT THUMBPRINT _OF SIGNER op of thumb here m 1999 National Notary Association - 9350 De Sato Ave., P.O.. Box 2402 - Chatsworth, CA 91313 -2402 - w .natlonalnotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1-800 -876 -6827 APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel j 0 APPROVED AS TO CONTENT: VICTOR HO.LANDA, AICP Director of Planning and Building G% ' ; � � 0I LEGAL DESCRIPTION APPROVED AS TO FORM: GLEN L. PRIDDY County Surveyor By Da -12- CITY OF SAN LUIS OBISPO B: - Y Mayor of tli-el City of San uis Obispo ATTEST: City Clerl`of the City of San Luis Obispo APPROVED AS TO FORM: I t Y orn [NOTE: This Open -Space Agreement will be recorded.. All signatures to this agreement must be acknowledged by a notary.] -13- • � i STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. On � before me, City Clerk Lee Price, personally appeared Mayor Allen Settle known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN LUIS OBISPO) On Mary 22, 2001 before me, Vicki M. Shelby, Deputy County Clerk - Recorder, County of San Luis Obispo, State of California, personally appeared K.H. `Katcho' Achadjian personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JULIE L. RODEWALD, County Clerk - Recorder and Ex- Officio Clerk of the Board of Supervisors By: Deputy County Clerk ecorder (SEAL) EXHIBIT A The 321.3.5 acre parcel: All that real property situate in the County of San Luis Obispo, State of California being a portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna, maps of said Lots being recorded in Book A of Maps at pages 83 and 84 in the office of the County Recorder of said County, a survey of portions of said Lots being recorded in Book 71 of Records of Survey at page 87 in the office of said County Recorder; said portion of said Lots being 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, S 32° 42' 14" E 786.01 feet to the True Point of Beginning; Thence, leaving said northeasterly line and said westerly line along the following courses: S 57° 01' 52" W 798.63 feet; N 320 58' 08" W 15.96 feet to a curve concave northerly which is tangent to a line which bears S 660 55' 33" W; 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; N 74° 05' 00" W 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; S 57° 01' 52" W 165.11 feet to a tangent curve concave northerly; along said curve, said curve having a radius of 65.00 feet, a central angle of 62° 58'08", and an arc length of 71.44 feet; N 60° 00' 00" W 87.77 feet; S 82° 20' 32" W 143.16 feet; N 77° 26' 25" W 207.79 feet; N 810 36' 50" W 220.62 feet; N 560 26' 12" W 136.77 feet; N 44° 22' 51" W 108.70 feet; N 14° 40' 57" W 307.82 feet; N 4° 28' 04" W 112.28 feet; N 390 08' 47" W 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 of Deeds at page 19 in the office of said County Recorder; Thence along said northwesterly line, S 57° 01' 52" W 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, S 410 34' 36" E 2259.67 feet to the most southerly corner of said Lot 68; Thence, along the southeasterly line of said Lot 68, N 61' 57' 20" E 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 N 26° 45' 21" W, said curve having a radius of 3702.38 feet, a central angle of 5° 56' 53 ", and an arc length of 384.35 feet; Thence, N 57° 17'46" E 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, N 32° 42' 14" W 813.68 feet to the True Point of Beginning. A -1 The 52.97 acre parcel: All that real property situate in the County of San Luis Obispo, State of California being a portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna, maps of said Lots being recorded in Book A of Maps at pages 83 and 84 in office of the County Recorder of said County, a survey of portions of said Lots being recorded in Book 71 of Records of Survey at page 87 in the office of said County Recorder; said portion of said Lots being 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, S 32° 42' 14" E 786.02 feet to the True Point of Beginning; Thence, leaving said northeasterly line and said westerly line along the following courses: S 57° 01' 52" W 798.63 feet; N 320 58' 08" W 15.96 feet to a curve concave northerly which is tangent to a line which bears S 66° 55' 33" W; 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; N 74° 05' 00"W 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; S 570 01' 52" W 165:11 feet to a tangent curve concave northerly; along said curve, said curve having a radius of 65.00 feet, a central angle of 620 58' 08 ", and an are length of 71.44 feet; N 60° 00' 00" W 87.77 feet; S 820 20' 32" W 143.16 feet; N 77° 26' 25" W 207.79 feet; N 810 36' 50" W 220.62 feet; N 560 26' 12" W 136.77 feet; N 44° 22' 51" W 108.70 feet; N 14° 40' 57" W 307.82 feet; N 4° 28' 04 W 112.28 feet; N 390 08' 47" W 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 of Deeds at page 19 in the office of said County Recorder; Thence, along said northwesterly line, N 57° 01' 52" E 1550.00 feet to a point on the northeasterly line of said Lot 60 and said westerly line of Los Osos Valley Road; Thence, along said northeasterly line and said westerly line, S 32° 42' 14" E 1.579.68 feet to the True Point of Beginning. A -2 ExmiT B OPEN SPACE EASEMENT AREA A All that real property situate in the County of San Luis Obispo, State of ; Califomia, being a portion of the parcel described in Certificate of Compliance recorded March 07, 2000 as Document No. 2000-012067 of .Official Records in the Office of County Recorder of said County, said portion being more particulat described as follows: Commencing at the most northern corner of the parcel described in said Certificate of Compliance; thence along the northern line of said parcel S57°01'52 "W, 396.17 feet to the True Point of Beginning, thence continuing along said northern line, S57°01'52"W, 1000.15 feet; thence leaving said northern line S70 °08'30"E, 169.72 feet; thence S48 005'34 "E, 332.96 feet; thence S88°36'15"E, 258.38 feet; thence S69 °10'03"E, 807.8.1 feet; thence N53 °54' 14 'E, 324.07 feet; thence N53°35'40 'W, 287.37 feet; thence N18 °08' 15"W, 173.84 feet; thence N42°32' 12"W, 293.50 feet; thence N16038'OT'E, 210.04 feet; thence S89°23'04"W, 279.62 feet; thence N13 008'45 "W, 92.54 feet; thence N76 °46' 16"W, 1,05. 01 feet; thence N15 °08' 16"W, 64.81 feet to the True Point of Beginning. Said portion containing 20.35 acres. i EXEO 3IT B OPEN SPACE EASEMENT AREA B All that real property situate in the County of San Luis Obispo, State of . California, being a portion of the parcel described in Certificate of Compliance recorded March 07, 2000 as Document No. 2000 -012067 of Official Records in the Office of County Recorder of said County, said portion being more particulariy described as follows: Commencing at the most northern comer of the parcel described in said Certificate of Compliance; thence along the northern line of said parcel S57 °01'52 "W, 1864.38 feet to the True Point of Beginning, thence continuing along said northern line, S57001'52"W7 1391.74 feet; thence leaving said northern line S32058'08"E, 206.02 feet; thence S53 °46187, 234.30 feet; thence S85°32'00"E, 426.80 feet; thence S89 °54' 10 "E, 836.60 feet; thence S79°25' 10"E, 802.71 feet; thence S60 °16'40 "E, 271.13 feet; thence S39 °57'40 "E; 601.90 feet to a point on the southern line of said parcel; thence along said southern line, N61'57'20"E, 1543.23 feet; thence leaving said southern line N30 °11'38 "E, 216.04 feet; thence N45 °01'35"E, 138.85 feet; thence N08°26'04 "W, 121.76 feet; thence N24 °09'55 "W, 283.57 feet; thence N61 °08'09 "W, 147.85 feet; thence N83 °22'25 "W, 193.28 feet; thence S79 °42' 16"W, 199.67 feet; thence N75 °16' 10 "W, 87.71 feet; thence S81°25'27"W, 478.62 feet; thence S54048'27"W, 78.70 feet; thence N89 °03'59 "W, 1087.88 feet; thence N57 °46'53"W, 220.16 feet; thence N25 °02' 14"W, 94.79 feet; thence N56°20'03"W, 196.24 feet; thence N77028'57W; 184.92 feet; thence S57°07'08"W, 116.01 feet; thence S29 °16'17W, 164.09 feet; thence S48°31'47"W, 99.43 fee, thence N68 °13'00 "W, 77.15 feet; thence N26°3 5' 10"W, . 147.26 feet; thence N 12°3 8' 41 "E, 170.17 feet; thence N27046'49"W, 61.48 feet; thence TJ76 °44'07"W, 63.97 feet to the True Point of Beginning. Said portion containing 91.43 acres. i �A-100% y Q`0 ♦ op V w P Q Z ° ♦ CO �s !LLL J� 050 wok CO s ♦ 8 $� 00 [i� N ♦ L� vc ®� Q c Z Q �""�O Ole pip p" r. , O V ` b S. X cot CL P Q j 1 `� % I �$ 'Pe. 1 i `n � LL �Qm fg �e vo 4f 14 Vi+ I w fb o�t'r. V y, i p 'per ♦�` T o ♦ � 3' y 1 IW ti0 �..` I 1% ♦ ro¢ ' p" 1 u ♦ ♦ 40 cu ♦ ♦,, Q %% r ♦ � C -1 ✓ Ism IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tnna day_ ma 22 .2001 PRESENT: Supervisors Harry L. Ovitt, Shirley Bianchi, Michael P. Ryan, and Chairperson R.H. "Ratcho" Achadjian ABSENT: Supervisor Peg Pinard RESOLUTION NO. nl boe- niDn? RecordAd I MAY 2 3 2001 '• ' ..._._ . .. __.._ -14 N, 2001 - 03826E dii? ��s. i��ay; �:_ U,i:U4t�ii't•i;l�. ?Y.- REi;ORDER RESOLUTION APPROVING AND ACCEPTING AN OPEN -SPACE AGREEMEr GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO BY ALEX MADONNA, ET AL. The following resolution .is now offered and read' WHEREAS, the County of San Luis Obispo has been duly requested to approve and accept a certain grant and offer to dedicate to the County of San Luis Obispo as open -space that certain real property described in the open -space agreement attached hereto and made a part hereof, and WHEREAS, the Director of Planning and Building by letter dated May 22, 2001, has duly recommended that the Board of Supervisors, approve and accept such offer of dedication to the County of San Luis Obispo,' and has further recommended that such action is consistent with the. County's general plan. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows: 1.. The Board of Supervisors finds and determines that the preservation, of the land offered for dedication to the County of San Luis Obispo as open -space in the attached agreement is consistent with the County's general plan; that the land is essentially unimproved and if retained in its natural state has scenic value to the public and is valuable as a watershed, and the offer of dedication contained in said agreement contains appropriate covenants to that end; that it is in the public Interest that the land be retained as open -space because such land will add to the amenities of living in neighboring urbanized areas; and that approval of the above agreement is categorically . exempt from the requirements of the California Environmental Quality Act. 2. The Open-Space Agreement Granting An Open -Space Easement To The County Of San Luis Obispo and the City of San Luis Obispo, a copy of which is C attached hereto as Exhibit A and incorporated by reference herein as though set forth in full, is hereby approved and the offer of dedication contained therein is hereby accepted by the County of San Luis Obispo and the Chairman of the Board'of Supervisors is hereby authorized and directed to execute said agreement on behalf of the County of San Luis Obispo. 3. The County Clerk is hereby authorized and directed to record the above agreement and a certified copy of this resolution in the office of the County Recorder of the County of San Luis Obispo, and file a copy of said agreement and resolution with the County Assessor of the County of San Luis Obispo. Upon motion of Supervisor Ryan , seconded by Supervisor Bianchi , and on the following roll call vote, to -wit: AYES :Supervisors Ryan, Bianchi, Oviti, Chairperson Achadjian NOES: None ABSENT: Supervisor. Pinard ABSTAINING: None the foregoing resolution is hereby adopted. KH. ACHANIAN Chairman of the Board of Supervisors ATTEST: Julie L. Rodevald Cleric of the Board of Supervisors BY: I PURO Deputy Clerk IS Ll APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. -2- ,s STATE OF CALIFORNIA, ) as. County of San Luis Obispo, ) 1, .Tn7ia T._ RndamalA , County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this 23rd day of May 2004. Julie L. RodeTvald County Clerk and Ex -Officio Clerk of the Board of Supervisors (SEAL) By Deputy Clerk. 4761mjarea/wpd -3- t RECORDING REQUESTED BY: County of San Luis Obispo AND WHEN RECORDED MAIL TO: Clerk of the Board of Supervisors County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 APN 067 - 241 -022 067 - 241 -023 OPEN -SPACE AGREEMENT GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND TO THE CITY OF SAN LUIS OBISPO THIS AGREEMENT. is made and entered into this X-.;�_ day of , 20L�L, by and between ALEX MADONNA, PHYLLIS MADONNA, CATHERINE A. TWISSELMAN, ROWLAND W. TWISSELMAN, JOHN MADONNA, SUSAN MADONNA, KAREN TWISSELMAN, TIMOTHY L. TWISSELMAN, CONNIE E. PEARCE, and CLINTON R. PEARCE, hereinafter collectively referred to as "Owner," the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, hereinafter referred to as "County," and the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owner is the record owner rof certain -real property- (hereinafter referred to as "Owners Property".) located in the County of San Luis Obispo, State of ck. title rpt. yc ON RECORDING REQUESTED BY: County of San Luis Obispo AND WHEN RECORDED MAIL TO: Clerk of the Board of Supervisors County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 APN 067 - 241 -022 067 - 241 -023 OPEN -SPACE AGREEMENT GRANTING AN OPEN -SPACE EASEMENT TO THE COUNTY OF SAN LUIS OBISPO AND TO THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made and entered into this .2.-;?- day of 20D�L, by and between ALEX MADONNA, PHYLLIS MADONNA, CATHERINE-A. TWISSELMAN, ROWLAND W. TWISSELMAN, JOHN MADONNA, SUSAN MADONNA, KAREN TWISSELMAN, TIMOTHY L. TWISSELMAN, CONNIE E. PEARCE, and CLINTON R. PEARCE, hereinafter collectively referred to as "Owner," the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, hereinafter referred to as "County," and the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owner is the record owner of certain -real property- (hereinafter referred to as "Owners Property".) located in the County of San Luis Obispo, State of ck. title rpt. 0 California, which is more particularly described in Exhibit A attached hereto and incorporated by reference herein as though set forth in full; and WHEREAS, as a condition of approval of Development Plan D970143D by County for Owners Property, Owner is required by the County's general plan and the conditions of approval to enter into an agreement with the County, on behalf of himself and his successors in interest, to maintain portions of the site in open -space use; and WHEREAS, as a condition of approval of a City tentative parcel map (MS 51 -00), the Owner shall dedicate the County required open space easement to the City, if acceptable to the County; and WHEREAS; Owner intends that the restrictions contained in this agreement shall apply to that portion of Owners Property (hereinafter referred to as the "Subject Property") which is more particularly described in Exhibit B and shown on Exhibit C attached hereto and incorporated by reference herein as though set forth in full (i.e., the "Open Space Easement Area X and the "Open Space Easement Area B "); and WHEREAS, execution of this agreement by Owner, County, and City, and the subsequent performance of its obligations by Owner and his successors in interest, will satisfy the open space preservation requirement imposed by the County's general plan and the County's and City's conditions of approval; and . WHEREAS, the Subject Property has certain natural scenic. beauty .and:existing openness, and both Owner, County, and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of said property of the Owner, and -2- 0 California, which is more particularly described in Exhibit A attached hereto and incorporated by reference herein as though set forth in full; and WHEREAS, as a condition of approval of Development Plan D970143D by County for Owner's Property, Owner is required by the County's general plan and the conditions of approval to enter into an agreement with the County, on behalf of himself and his successors in interest, to maintain portions of the site in open -space use; and WHEREAS, as a condition of approval of a City tentative parcel map (MS 51-00), the Owner shall dedicate the County required open space easement to the City, if acceptable to the County; and WHEREAS; Owner intends that the restrictions contained in this agreement shall apply to that portion of Owners Property (hereinafter referred to as the "Subject Property") which is more particularly described in Exhibit B and shown on Exhibit C attached hereto and incorporated by reference herein as though set forth in full (i.e., the °Open Space Easement Area X and the "Open Space Easement Area B°); and WHEREAS, execution of this agreement by Owner, County, and City, and the subsequent performance of its obligations by Owner and his successors in interest, will satisfy the open space preservation requirement imposed by the County's general plan and the County's and City's conditions of approval; and' . WHEREAS, the Subject Property has certain natural scenic, beauty.and_existing openness, and both Owner, County, and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of said property of the Owner and -2- WHEREAS, Owner is willing to grant to County and to City the scenic use, as hereinafter expressed, of the land and thereby protect the present scenic beauty and existing openness of the Subject Property by the restricted use of said property by Owner through the imposition of the conditions hereinafter expressed; and WHEREAS, both Owner, County, and City intend that the terns, conditions, and restrictions of the open -space easement granted in this agreement are in compliance with Government Code sections 51070 through 51097, inclusive, hereinafter referred to as the "Open -Space Easement Act of 1974," so as to be an enforceable restriction under the provisions of Revenue and Taxation Code section 422; and WHEREAS; Owner has supplied County and City with a current title company preliminary title report or lot book guarantee listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the Subject Property, and WHEREAS, this agreement supersedes and replaces the "Open -Space Agreement Granting An Open -Space Easement To The County Of San Luis Obispo" dated October 17, 2000, which was recorded as Document No. 2000-062152 on October 20, 2000, in the office of the County Recorder of the County of San Luis Obispo, State of California. NOW, THEREFORE, in consideration of the premises and =in compliance with the provisions of Government Code sections 51070 through 51097, inclusive, and in further consideration of the mutual promises, covenants, and conditions herein contained and the substantial public benefits to be derived therefrom, the parties hereto agree as follows: -3- I Q 1. Grant of open - space easement. Owner hereby grants to County and to City (as co— grantees), for the term specified in paragraph 8 below, an open -space easement in and to the Subject Property described above. The open -space easement granted herein conveys to County and to City an estate and interest in the real property of the nature and character specified in the Open -Space Easement Act of 1974, which is subject to the express conditions and restrictions imposed herein upon the use of the property by Owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of himself, his successors and assigns with the County, its successors and assigns and with the City, its successors and assigns to do and refrain from doing, severally and collectively, upon the Subject Property, the various acts hereinafter mentioned. 2. Restrictions on use of the Subject Property. The restrictions imposed upon the use of the Subject Property by Owner and his successors in interest and the acts which Owner and his successors in interest shall refrain from doing, and permit to be done, upon the Subject Property are as follows: (a) No buildings, structures, or other improvements shall be placed, constructed, or erected upon the Subject Property except for agriculture accessory buildings and uses and as otherwise authorized by Development Plan D970143D approved by the Board of Supervisors of the County of San Luis Obispo'on November- 2,1999. (b) No advertising of any kind or nature shall be- located on or within the Subject Property. -4- ....... .... - (c) Owner shall not plant nor permit to be planted any vegetation upon the Subject Property except for crop production, range land grasses, natural or ornamental landscaping, and as otherwise authorized by the approved development plan referred to above, and as necessary for erosion control. (d) Except for the construction, alteration, relocation, and maintenance of public roads, private access roads, or driveways, if any, as shown on the approved development plan referred to above, the general topography of the landscape shall be maintained in its present condition and no grading, excavation, or topographic changes shall be made. (e) No use of the Subject Property which will or does materially alter the landscape or other attractive scenic features of the property, other than those specified herein, shall be done or suffered. (f) Owner shall not extract natural resources from the Subject Property, except for development of owner's underlying water rights. (g) Owner shall not cut timber, trees, or other natural growth, except as may be required for agricultural use of the Subject Property and for fire protection, thinning, elimination of diseased growth, and similar protective measures. (h) Owner shall not use the Subject Property or any portion thereof as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the Subject Property or any portion•thereof temporarily or otherwise, anything .: . whatsoever which is not indigenous or natural to the Subject Property. (i) Owner shall not cover or cause the Subject Property to be covered in. whole or in part with any asphalt, stone, concrete, or other material which does not constitute natural cover for the land nor otherwise disturb the natural cover of the land unless otherwise authorized by the provisions of this agreement. (j) No further land division of Owners Property shall occur except after obtaining all necessary approvals required by the San Luis Obispo County Code or the San Luis Obispo Municipal Code (whichever is applicable), nor shall Owner or his successors in interest otherwise convey (other than under threat of condemnation) the Subject Property or a portion thereof to one or more parties or convey a legal parcel within the Owner's Property to two or more parties each of whom acquire title to less than the whole of said parcel without obtaining the necessary approvals required by the San Luis Obispo County Code or the San Luis Obispo Municipal Code. Any such conveyance or transfer of a legal parcel within the Owner's Property, the Subject Property, or a portion thereof by Owner or his successors in interest shall be considered null and void. 3. Reservations of use by Owner. Notwithstanding the provisions of paragraph 2 above, the following property rights in the Subject Property are excepted from this grant and are expressly reserved to Owner: (a) The right to maintain all existing private roads, bridges, trails, and structures lawfully erected and maintained upon the Subject Property. (b) The right to construct, develop, and maintain all roads, utilities, structures, and other improvements authorized by the approved development plan referred to above, and any amendments or modifications thereto which may be approved by the County or City. (c) The right to construct, develop, and maintain private water sources and water systems on the Subject Property for the use and benefit of the Subject Property and of Owner's Property. (d) The right to the use and occupancy of the Subject Property, subject to the conditions and. restrictions imposed in this agreement.. 4. Compliance with County and City regulations. Land uses permitted or reserved to Owner in this agreement are subject to and require compliance with all County ordinances and regulations, including those regulating land use, as to property located within the County, and are subject to and require compliance with all.City ordinances and regulations, including those regulating land use, as to property located within the City. 5. Construction of improvements. Owner shall not construct or permit the construction of any improvements on the Subject Property except as expressly reserved herein or.as authorized in the Open -Space Easement Act of 1974. Provided, however, nothing contained in this agreement shall prohibit the construction of either public service facilities installed for the benefit of the Subject Property or public service facilities installed pursuant to an authorization of the Board of Supervisors of the County, the City Council of the City, or the Public Utilities Commission. 6. No authorization for public trespass. The grant of easement contained herein and its acceptance by the County and by. the City does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or:,any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or -7- utilize the Subject Property in any manner whatsoever. It is understood that the purpose of this agreement is solely to restrict the uses to which the Subject Property may be put so that the property may be kept as near as.possible in its natural condition for the benefit of the public. 7. Effect on prior easements. Nothing contained in this agreement shall limit or affect any easements that are of record and that. have been heretofore granted by Owner on, over, under, or across the Subject Property or any portion thereof. 8. Duration of easement. The grant of easement to County and to City contained in this agreement shall be effective when it has been approved and accepted by resolution of the Board of Supervisors and by resolution of the City Council in the manner required by law, and it shall remain in effect in perpetuity unless abandoned or otherwise terminated by the Board of Supervisors and by the City Council in accordance with the provisions of the Open -Space Easement Act of 1974. 9. Enforceable restriction. Upon acceptance of the open -space easement granted herein, the Subject Property shall be deemed to be " enforceably restricted" within the meaning of section 422 of the Revenue and Taxation Code and section 8 of Article XIII of the Constitution of the State of California. 10. Binding on successors in interest. All provisions of this agreement shall run with the land described herein and shall be binding on the parties. hereto and their heirs, assigns, and successors in interest.. 11. Effect of waiver. County's or City's waiver of the.breach of any one tent, covenant, or provision of this agreement shall not be a waiver of a subsequent breach 48- of the same term, covenant, or provision of this agreement or of the breach of any other term, covenant, or provision of this agreement. 12. Judicial enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any covenant or restriction contained herein. 13. Law governing and venue. This agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the County of San Luis Obispo, and such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this agreement. 14. Enforceability. If any term; covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 15. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to County shall be addressed as follows: Director of Planning and Building, County of San Luis Obispo, County Government Center, San Luis Obispo, Cal ifomia 93408. Notices required to be given to City shall be addressed as follows: Community Development Director, City of San Luis Obispo, City Hall, 990 Palm Street, San Luis Obispo, California 93401. Notices required to be -9- given to Owner shall be addressed as follows: Alex Madonna, Post Office Box 3910, San Luis Obispo, California 93406. Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 16. Entire agreement and modifications. This agreement sets forth the full and entire understanding of the parties regarding the matter set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations to the provisions of this agreement shall be effective unless in writing and executed by the parties hereto or their assigns and successors in interest. 17. Agreement to be recorded. Owner, County, and City intend and consent to the recordation of this agreement in the office of the County Recorder of the County of San Luis Obispo. IN, WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. OWNER. A a WADtANA -10- NE A. TWIS CMINIE E. PEARCE Oo CLINTON R. PEARCE COUNTY OF SAN LUIS OBISPO By: ' Cha7w=n of the Board of Supervisors. ATTEST: 1LTLM L RODBWAI D 8y: Gerk of the Board of Supervisors epgty Jerk -11- 0 fts Mnd%0= Aii--W nWL>EDGMEHT State of California County of San Luis Obispo ss. Deborah S. Davis, Notary Public On May 10 2001 ,before me, Nanla and n■s a �• g .;a„• p,• Notary Pub6c7 Alex Madonna and Phyllis Madonna , personally appeared Nanrecsr of slgn.rcA D®ORAH L DAIS Oor winitort * 1247618 NONZY Pubfla . Goftforrima Sat LMt Obispo courthl W0mm80=An17.20041i Place Notary Seal Above (R personally known to me ❑ 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/eWthey executed the same in 4tisiAw their authorized capacity(ies), and that. by hisAw /their signature(s) on the instrument the person(s), or the entity upon behalf .of which the person(s) acted, executed the instrument. WITN S my hand and o ial seal. Signature or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Open SDace Aareement City /County San Luis Obispo Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: • ❑ IndMdual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Attomey in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing . d......e. air edT&F..,aoo+m4w elm/ - Noe■ /AaoolL"'m•Yi0De Salo Ala. PA. Omet110¢• a+■ .earne;w�na.aw..•- ..�.�.� - -.-.. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of . San Luis Obispo SS. On May 11, 2001 , before me, Deborah S. Davis, Notary Public Deli Name and Title of Officer (e.g., 'June Doe. Notary Public") personally appeared Catherine A. Twisselman and Rowland W. Twisselman Names) of Signer(s) ' D®OR/W S. DAVIS Oommisdon • 1267615 SM flab C=* IugrCflrrer�Bq�ierJunU.�4 Place Notary Seal Above R personally known to me ❑ 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 lee /s4e /they executed the same in Wrs*w /their authorized capacity(ies), and that by Wtsil er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and offic' I seal. signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach ocu ent Title or Type of Document: Open Space Agreement City /County of San Luis Obi Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • Individual Top uxtmb bare • Corporate Officer — Title(s): ❑ Partner — ❑ l.lmited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: o utw lYaard Mot.y Aeod.am • g06o a sac A>A Fo Boc aat • OltmwatR u►tnoisawa •.wnmoreYnemryarp Plod. tb. SW Famdoc tk! Ta"M 140047"" CALIFORNIA ALL - PURPOSE State of California County of San Luis Obispo MENT SS. On May 11, 2001 before me, Deborah S. Davis, Notary Public 0810 Name and Title o1 Delver (e.g.. • tine Doe, NoWy Pubki personally appeared John Madonna and Susan Madonna Name(e) of V- er(a) l personally known to me ❑ proved to me on the basis of satisfactory evidence DBORM L DAVIS Coemisdori • 1126761e Notary Pubk - 100111 rrlta Son uds obbpo County j F: - -- 1@WCcmm.B#wJun17.2M41 Plaoe Wary Seal AW" 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 aisAw /their authorized capacity(ies), and that by hisAter /their signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and official seal Sombre d Wary Pubk OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on Nte document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title orType of Document: Open Space Agreement City /County San Luis Obispo Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER O 7 ®Na1eti mmr • G1� Oe sodAse. Po 6aa seoa • Oaaaeib�li �wa+ameat • wiiirt�alode3eo�f d0 poi No eYOr Reaeer ea this ee 1-8oDe?F6W CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo ss. On May 10, 2001 , before me, Deborah S. Davis, Notary Public , Data Name wo Too d Officer (e -z. -Jane Doe. Notary Public") personally appeared Karen Twisselman and Timothy L. Twisselman , Names) of Slgnm(s) L9 personally known to me ❑ 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 tae /slae/they executed the same in WW4edtheir authorized capacity(ies), and that by his /bier /their �OItAFI # DJ1?6 signature(s) on the instrument the person(s), or l�oerniRA" S'126 649 the entity upon behalf of which the person(s) Obi acted, executed the instrument. San Ws Obispo Cflurrhl WITVqSS my hand and o ial seal. Piece Notary Seal Above Suture of Notary Pudic OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document Description ofAttaent: Open Space Agreement City /County San Luis Obispo Title or Type of Document: Document Date: _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited ❑ General ❑ Attomey in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER - l J3.OII10w0ftCA91011210Q•wwo mli P+rp. NO. aw r+oamr%AM19 +wiaro.v� &MAS lenDMIA At I .DH RDnSE OCKmOWLEDGMENI? State of California SS. County of San Luis Obispo On May 11, 2001 before me, Deborah S. Davis, Notary Public Dee MM and im d umm (a.p.. 'Jane Dos. Notary POkl personally appeared Connie. E. Pearce and Clinton R. Pearce , Nana) d SWsegs) ® personally known to me 0 proved to me on the basis of satisfactory evidence DORM L DAVIS Corrmh*M # 1267618 ,��OO� Nlarfaorrm BtpfesJun 17,4 Place Notary seal AbM to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that M]eM/they executed the same in his/her /their authorized capacity(ies), and that by bie /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and offici seal. SWnh ie d Notary PWft OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Open Space Agreement City /County San Luis Obispo Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - . ❑ Individual Top of MLwnb here ❑ Corporate Officer — MUM: - ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: O IM -1.1 e! Molatfi MtaddCll • YflO 07 eioOOAie.. PA. ilpZ • Cb aR G1a1l1a�10Z • ee�. 4�� - ... ••ua .� a.r. - . ,•— - -- - • APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR.. County Counsel APPROVED AS TO CONTENT: VICTOR HOLANDA, MCP Director of Planning and Building By: Dated: LEGAL DESCRIPTION APPROVED AS TO FORM: GLEN L. PRIDDY County Surveyor CITY OF SAN LUIS OBISPO By: � Mayor of t e City, of San fui s Obispo ATTEST: City-Clerk'of the City of San Luis Obispo APPROVED • FORM, [NOTE: This Open -Space Agreement will be recorded.. All signatures to this agreement MUM be admowledged by a notary.] -13- STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) SS. On �/ ` before me, City Clerk Lee Price, personally appeared Mayor Allen Settle laiown to me to be the person whose name is subscri bed to the within instrument and acknowledged to me that.he executed the same in his authorized capacity, and that by his signature: on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. wrrNF99.mv hand and o cial al. LEE PRICE, CMC CITY CLERK STATE OF CALIFORNIA ) )SS. COUNTY OF SAN LUIS OBISPO) On Mary 22, 2001 before me, Vicki M. Shelby, Deputy County Clerk-Recorder, County of San Luis Obispo, State of California, personally appeared K.H. `Katcho' Achadjian personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JULIE L. RODEWALD, County Clerk- - r Recorder and Ex- Officio Clerk of the Board of Supervisors By: Deputy C unty Cler ecorder (SEAL) • EXHIBIT A The 321.35 acre parcel: W] All that real property situate in the County of San Luis Obispo, State of California being a portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna, maps of said Lots being recorded in Book A of Maps at pages 83 and 84 in the office of the County Recorder of said County, a survey of portions of said Lots being recorded in Book 71 of Records of Survey at page 87 in the office of said County Recorder; said portion of said Lots being more particularly described as follows: Beginning at the northeasterly comer 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, S 32° 42' 14" E 786.01 feet to the True Point of Beginning; Thence, leaving said northeasterly line and said westerly line along the following courses: S 57° 01' 52" W 798.63 feet; N 32° 58' 08" W 15.96 feet to a curve concave northerly which is tangent to a line which bears S 66° 55' 33" W; along said curve, said curve having a radius of 64.00 feet, a central angle of 38° 59' 27 ", and an are length of 43.55 feet; N 74° 05' 00" W 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; S 570 01' 52" W 165.11 feet to a tangent curve concave northerly; along said curve, said curve having a radius of 65..00 feet,. a central angle of 62 °.58' 08 ", and an arc length of 71.44 feet; N 600 00' 00" W 87.77 feet; S 82° 20' 32" W 143.16 feet; N 77° 26' 25" W 207.79 feet; N 810 36' 50" W 220.62 feet; N 560 26' 12" W 136.77 feet; N 440 22' 51" W 108.70 feet; N 140 40' 57" W 307.82 feet; N 40 28' 04" W 112.28 feet; N 390 08' 47" W 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 of Deeds at page 19 in the office of said County Recorder; Thence along said northwesterly line, S 570. 01' 52" W 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, S 410 34' 36" E 2259.67 feet to the most southerly corner of said Lot 68; Thence, along the southeasterly line of said Lot 68, N 610 57' 20" E 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 N 260 45' 21" W, said curve having a radius 6f.3702.38 feet, a central angle of 50 56' 53 ", and an arc length of 384.35 feet; Thence, N 57° 17' 46" E 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, N 32° 42' 14" W 813.68 feet to the True Point of Beginning. A- 1- The 52.97 acre parcel: All that real property situate in the County of San Luis Obispo, State of California being a portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna, maps of said Lots being recorded in Book A of Maps at pages 83 and 84 in office of the County Recorder of said County, a survey of portions of said Lots being recorded in Book 71 of Records of Survey at page 87 in the office of said County Recorder, said portion of said Lots being 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, S 32° 42' 14" E 786.02 feet to the True Point of Beginning; Thence, leaving said northeasterly line and said westerly line along the following courses: S 57° 01' 52" W 798.63 feet; N 320 58' 08" W 15.96 feet to a curve concave northerly which is tangent to a line which bears S 661 55' 33" W; along said curve, said curve having a radius of 64.00 feet, a central angle of 380 59' 27 ", and an arc length of 43.55 feet; N 740-05'00" W 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 480 53'08"', and an arc length of 13.65 feet; S 57° 0l' 52" W 165.11 feet -to a tangent curve concave northerly, along said curve, said curve having a radius of 65.00 feet, a central angle of 62° 58' 08 ", and an arc length of 71.44 feet; N 60° 00' 00" W 87.77 feet; S 820 20' 32" W 143.16 feet; N 77° 26' 25" W 207.79 feet; N 810 36' 50" W 220.62 feet-, N 56° 26' 12" W 136.77 feet; N 44° 22' 51" W 108.70 feet; N 14° 40' 57" W 307.82 feet; N 40 28' 04" W 112.28 feet; N 39° 08' 47" W 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 of Deeds at page 19 in the office of said County Recorder Thence, along said northwesterly line, N 57° 01' 52" E 1556.00 feet to a point on the northeasterly line of said Lot 60 and said westerly line of Los Osos Valley Road; Thence, along said northeasterly line and said westerly line, S 32° 42' 14" E 1579.68 feet to the True Point of Beginning. A -2 • • EXniBIT B I OPEN SPACE EASEMENT AREA A .All that real property situate in the County of San Luis Obispo, State of* California, being a portion of the parcel descnbed" in Certificate of Compliance recorded March 07, 2000 as Document No. 2000-012067 of OfficW Records in the Office of County Reecorder of said County, said portion being more particularly described as follows:. Commencing at the most northern corner of the parcel described in said Certificate of Compliance; thence along the northern line of said parcel S57*01'52"W, 396.17 feet to the True Point of Beginning;, thence continuing along said northern line, S57°O1'S2"GV, 1000.15 feet; thence leaving said northern line S70°08'30"E, 169.72 feet; thence S48 °05'34" E, 332.96 feed; thence S88036'15"E, 258.38 feet; thence S69010 03 -F, 807.81 feet, thence N53 °54'14"E, 324.07 feet; thence N53035140"W, 287.37 feet; thence N18°08' 15"W, 173.84 feet; thence N42032' 12"W, 293.50 feet; thence N16 ;8'07"E, 210.04 feet; thence S89023'44"w, 279.62 feet; thence N13 °08'45 "W, 92.54 feet; thence N76 °46' 16W, 105.01 feet; thence N15 °08' 167W, 64.81 feet to the True Point of Beginning. Said portion containing 20.35 acres. B -1 • : F.ianuT B - OPEN SPACE UsEmzn AREA B All that real property situate in the County of San Luis Obispo, State of . California, being a portion of the parcel described in Certificate of Compliance recorded March 07, 2000 as Document No. 2000-012067 of Official Records in the Office of County Recorder of said County, said portion being more partic Wiy described as follows: Commencing at the most northern corner of the parcel described in said Certificate of Compliance; thence along the northern line of said parcel S57'01'52"W, 1864.38 feet to the True Point of Beginning; thence continuing along said northern lime, S57'OI'52"W, 1391.74 feet; thence leaving said northern line S32'58'08"E, 206.02 feet; thence S53'46'38"E, 234.30 feet; thence S85'32'00"E, , 426.80 feet; thence S89'54' 10"E, 836.60 feet; thence S79'25' 10"E, 802.71 feet; thence S60'16'40"E, 271.13 feet; thence S3957'40"E, 601.90 feet to a point on the southern line of said parcel; thence along said southern line, N61'57'20"E, 1543.23 feet, thence leaving said southern line N30'11'38"E, 216.04 feet; thence N45'0 1'35"E, 13 8.8 5 feet; thence N08026'04"W, 121.76 feet; thence N24°09'55 "W, 283.57 feet; thence N61'08'09"W, 147.85 feet; thence N83'22'25"W, 193.28 feet; thence 579'42' 16"W, 199.67 feet; thence N75'16' 10 'W, 87.71 feet;' thence S81025'27"W, 478.62 feet; thence S54048'27"W, 78.70 feet; thence N89003'59"W, 1087.88 feet; thence N57'46'53"W, 220.16 feet; thence N25'02'14"W, 94.79 feet; thence N56020'03"W, 196.24 feet; thence N77028'57"W, 184.92 feet; thence 857'07'08"W, 116.01 feet; thence S29016'177V, 164.09 feet; thence S48031'47"W, 99.43 feet; thence N68013'00"W, 77.15 feet; thence N2635' 10"W, 14726 feet; thence Nf2'38'41"E, 170.17 feet; thence MT 46'49"W, 61.48 feet; thence N76'44'07- W,•63.97 feet to the True Point of Beginning. Said portion containing 91.43 acres. I -B =2 oPO d*� _ 0� 0 �o . co � � e — Cj N V7 y a 3 a 'fr. ro V I we � e I C -1 B lee XM I J a - � o