HomeMy WebLinkAboutD-1567 Woodland Drive Recorded 12/28/20017� w MAY
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DEED OF CONSERVATION EASEMENT
Bowden Ranch Partners and the City of San Luis Obispo
THIS DEED OF CONSERVATION EASEMENT dated December 20, 2001, by
Bowden Ranch Partners, JV, having an address at 5875 Stockdale Road, Paso Robles, CA.
93446 ( "Grantor"), in favor of the City of San Luis Obispo, a chartered municipal corporation
of the State of California, having an address at 990 Palm Street, San Luis Obispo, CA 93401
( "Grantee "), is made with respect to the following:
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting
of one Assessor's parcel in San Luis Obispo County, California, more particularly described
in Attachment A attached hereto and incorporated by this reference (the "Property"); and
WHEREAS, the Property possesses natural resource values including wildlife and
plant resources, and scenic open space values (collectively, the conservation values) of
great importance to Grantor, the people of the City of San Luis Obispo, and the people of the
State of California; and
WHEREAS, due to soil conditions and slopes, the property has extremely limited
agricultural value; and
WHEREAS, Grantor and Grantee intend that the conservation values of the property
be preserved and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the property, to convey to Grantee
the right to preserve and protect the conservation values of the property in perpetuity; and
WHEREAS, Grantee is a chartered municipal corporation of the State of California
that is authorized to accept Conservation Easements; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor
stated herein and to preserve and protect in perpetuity the conservation values of the
Property for the benefit of this generation and the generations to come;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of California and in
particular Sections 815 and 816 of the Civil Code - Conservation Easements, Grantor hereby
voluntarily grants and conveys to the Grantee a Conservation Easement in gross in
perpetuity over the Property described in Attachment A and referred to hereinafter as the
Property.
1. Purpose. It is the purpose of this Easement to assure that the property,
subject to the existing uses described herein, will be retained forever in its
predominantly natural, scenic, and open space condition and to prevent any
use of the Property that will significantly impair or interfere with the conservation
values of the Property. The conservation values of particular importance
include the grassland and woodland communities existing on the site and their
importance to wildlife. These values also include the scenic quality of the
undeveloped land that is visible from the surrounding community, the value of
the land as a watershed and the benefits provided with the prevention to
erosion, and protection of water quality, and the value of the land as it supports
riparian vegetation along its drainage ways and creeks.
2. Rights of Grantee. To accomplish the purpose of this Easement, the following
rights are conveyed to Grantee by this Easement:
(a) To enter upon the Property at reasonable times in order to monitor
Grantor's compliance with and otherwise enforce the terms of this Easement;
provided that such entry shall be upon prior reasonable notice to Grantor, and
Grantee shall not unreasonably interfere with Grantor's use and quiet
enjoyment of the property; and
(b) To prevent any activity on or use of the property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or
features of the property that may be damaged by any inconsistent activity or
use.
I Prohibited Activities. Any activity on or use of the Property inconsistent with
the purpose of this Easement is prohibited. Without limiting the generality of
the foregoing, the following activities and uses are prohibited from being
established:
(a) Subdivision of the land pursuant to the California Subdivision Map Act.
(b) Building or erection of structures of any kind..
(c) Cutting or removal of trees, except as may be necessary for health of the
remaining trees or for public safety.
(d) Mining or other mineral exploration or exploitation of the property.
(e) Except as specifically reserved at Paragraph 4 hereinafter, the exploration,
collection or and delivery of water to any other property.
(f) Grading, other than for purposes of providing hiking or riding trails on the
site consistent with generally accepted standards.
4. Reserved Rights. Grantor reserves to himself, and to his personal
representatives, heirs, successors, and assigns, all rights accruing from their
ownership of the Property, including the right to engage in or permit or invite
others to engage in all uses of the property that are not expressly prohibited
herein and are not inconsistent with the purpose of this Easement. Paragraph
3,(e) notwithstanding Grantor specifically reserves the right to maintain, collect,
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and deliver water to Grantee adjacent or abutting property from an existing
cistern as well as the springs that feed said cistern.
5. Baseline Documentation. The parties agree that the specific conservation
values of the property shall be documented in a report ( "the Baseline Report")
that shall be completed within thirty days of the transfer of this Deed of
Conservation Easement, and that both Grantee and Grantor shall receive true
copies of this report. The Report shall consist of maps, photographs, and other
documentation that, the parties must agree in writing, provide an accurate
representation of the Property at the time of this grant and which is intended to
serve as an objective information baseline for monitoring compliance with the
terms of this grant
6. Arbitration. Any controversy arising from this Easement or its breach shall be
determined by three arbitrators appointed as set out below
(a) Within thirty (30) days after a notice by either party to the other
requesting arbitration and stating the basis of the party's claim, one arbitrator
shall be appointed by each party. Notice of the appointment shall be given to
each party and to the other party when made.
(b) The two arbitrators shall immediately choose a third arbitrator to act with
them. If a party fails to select an arbitrator within the time allowed or if the two
arbitrators fail to select a third arbitrator within 14 days after their appointment,
on application by either party the third arbitrator shall be promptly appointed by
the then presiding judge of the Superior Court of the State of California in and
for the County of San Luis Obispo acting as an individual within 14 days. The
party making the application shall give the other party 14 day's notice of the
application.
The arbitration shall be conducted under the Code of Civil Procedures (Section
1280 - 1294.2). Hearings shall be held in San Luis Obispo County, California.
Both parties agree by signing this Easement that they are agreeing to have any
dispute arising from the matters included in the Arbitration provisions of this
Easement decided by neutral arbitration as provided by California law and that
each party is giving up any rights to have the dispute litigated in a court or by a
jury trial. By signing this Easement, each party is giving up their judicial rights
to discovery and appeal unless such rights are specially requested in the notice
requesting Arbitration or as permitted by CCP 1280 et.seq. If either party
refuses to submit to arbitration, they may be compelled to arbitrate under the
authority of the California Code of Civil Procedure.
7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Easement or that a violation is threatened, Grantee shall give
written notice to Grantor of such violation and demand corrective action
sufficient to cure the violation and, where the violation involves injury to the
property resulting from any use or activity inconsistent with the purpose of this
Easement, to restore the portion of the property so injured. If Grantor fails to
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cure the violation within a thirty (30) days after receipt of notice thereof from
Grantee, or under circumstances where the violation cannot reasonably be
cured within a thirty (30) -day period, fails to begin curing such violation within
the thirty (30) -day period, or fails to continue diligently to cure such violation
until finally cured, Grantee may bring an action at law or in equity in a court of
competent jurisdiction to enforce the terms of the Easement, to enjoin the
violation, ex parte as necessary, by temporary or permanent injunction, to
recover any damages to which it may be entitled for violation of the terms of
this Easement or injury to any conservation values protected by this Easement,
including damages for the loss of scenic, aesthetic, or environmental values,
and to require the restoration of the Property to the condition that existed prior
to any such injury. Without limiting Grantor's liability therefore, Grantee, in its
sole discretion, may apply any damages recovered to the cost of undertaking
any correction action on the Property. If Grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Property, Grantee may
pursue its remedies under this Paragraph without prior notice to Grantor or
without waiting for the period provided for ,cure to expire. Grantee's rights
under this Paragraph apply' equally in the event of either actual or threatened
violation of the terms of this Easement, and Grantor agrees that Grantee's
remedies at law for any violation of the terms of this Easement are inadequate
and that Grantee shall be entitled to the injunctive relief described in this
Paragraph, both prohibitive and mandatory, in addition to such other relief to
which Grantee may be entitled, including specific performance of the terms of
this Easement, without the necessary of proving either actual damages or the
inadequacy of otherwise 'available legal remedies. Grantee's remedies
described in this Paragraph shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity.
8. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms
of this Easement against Grantor, including, without limitation, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantor's violation
of the terms of this Easement shall be borne by Grantor. If Grantor prevails in
any action to enforce the terms of this Easement, Grantor's costs of suit,
including, without limitation, attorneys' fee, shall. be borne by Grantee. If
Grantee prevails in any action to enforce the terms of this Easement, Grantee's
costs of suit, including without limitation, attorneys' fees, shall be borne by
Grantor. I
9. Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights
under this Easement in the ,event of any breach of any term of this Easement
by Grantor shall not be deemed or construed to be a waiver by Grantee of such
term or of any of Grantee's 'rights under this Easement. No delay or omission
by Grantee in the exercise of any right or remedy upon any beach by Grantor
shall impair such right or remedy or be construed as a waiver.
10. Waiver of Certain Defenses. Grantor and Grantee hereby mutually waive any
defense of laches, estoppel,' or prescription.
11. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to
or change in the Property resulting from causes beyond Grantor's control,
including, without limitation, fire, flood, storm, and earth movement, or from any
prudent action taken by Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to the Property resulting from such causes.
12. No Expense to Grantor. Under the express terns of this Deed of Conservation
Easement, Grantor shall not incur any expense with maintaining the property as
open space. All expenses associated with conservation efforts Grantee
determines to be necessary to preserve the open space easement shall be
borne by Grantee, unless and to the extent Grantor is in violation of this Deed
of Conservation Easement, in which case provisions herein shall control.
13. Taxes. Grantor shall pay all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the property by competent
authority (collectively "taxes'), including any taxes imposed upon, or incurred as
a result of, this Easement, and shall furnish Grantee with satisfactory evidence
of payment upon request subject to the right to contest any such taxes.
14. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee
and its directors, officers, employees, agents, and contractors and their heirs,
personal representatives, successors and assigns of each of them (collectively
"Indemnified Parties") from and against all liabilities, penalties, costs, losses,
damages, expenses, causes of action, claims, demands, or judgments,
including, without limitation, reasonable attorney's fees, arising from or in any
way connected with: (1) injury to or death of any person; (2) physical damage
to any property, resulting from any act, omission, condition, or other matter
related to or occurring on or about the Property, regardless of cause, unless
due to the sole negligence of any of the Indemnified parties; (3) the obligations
specified in paragraph 12; or (4) the existence of this Easement.
15. Extinguishment. If circumstances arise in the future such as render the
purpose of this Easement impossible to accomplish, this Easement can only be
terminated or extinguished, whether in whole or in part, by judicial proceedings
in a court of competent.jurisdiction, and the amount of the proceeds (if any) to
which Grantee shall be entitled, after the satisfaction or prior claims, from any
sale, exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined as
provided by California law.
16. Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, Grantee shall be entitled to compensation in
accordance with applicable law.
17. Assignment. This Easement is transferable, but Grantee may assign its rights
and obligations under this Easement only to an organization that is a qualified
organization at the time of transfer under Section 170(h) of the Internal
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Revenue Code of 1954, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold conservation easements under state statue (or
any successor provision then applicable).
18. Subsequent Transfers. Grantor agrees to incorporate the terms of this
Easement in any deed or other legal instrument by which they divest
themselves of any interest in all or a portion of the Property, including, without
limitation, a leasehold interest. Grantor further agrees to give written notice to
Grantee of the transfer of any interest at least twenty (20) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this
paragraph shall not impair the validity of this Easement or limit its enforceability
in any way.
19. Certificates. Upon request by Grantor, Grantee shall within twenty (20) days
execute and deliver to Grantor any document, including an estoppel certificate,
which certifies Grantor's compliance with any obligation of Grantor contained in
this Easement and otherwise evidences the status of this Easement as may be
requested by Grantor.
19., Notices. Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give. to the other shall be in writing and
either served personally or sent by first class mail, postage prepaid, addressed
as follows:
To Grantor: Bowden Ranch Partners
5875 Stockdale Road
Paso Robles, CA. 93446
To Grantee: Mr. Ken Hampian, City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
or to such other address as either party from time to time shall designate by
written notice to the other.
20. Recordation. Grantee shall record this instrument in a timely fashion in the
official records of San Luis Obispo County, California, and may re- record it at
any time as may be required to preserve its rights in this Easement.
21. Monitoring. The Grantee or its designee shall conduct annual monitoring of
the conservation values within the Property. Such monitoring shall be done in
accordance with a systematic and routine checklist designed to facilitate the
identification of trends and changes of the conservation values over time. A
copy of each monitoring report shall be given to the Grantor.
22. Subordination. At the time of the conveyance of this Easement, the Property is
subject to mortgage. The holder of this mortgage agrees by execution of this
Easement to subordinate its rights in the property to this Easement to the
extent necessary to permit the Grantee to enforce the purpose of this
Easement in perpetuity and to prevent any modification or extinguishment of
this Easement by the exercise of any rights of the mortgage holder.
23. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement
shall be government by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant
to effect the purpose of this Easement and the policy and purpose of the
Conservation Act of 1979 as described in Sections 815 through 816 of the
California Civil Code. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this Easement that
would render the provision valid shall be favored over any interpretation that
would render it invalid.'
(c) Severability. If any provision of this Easement, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of
the provisions of this Easement, or the application of such provision to persons
or circumstances other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby:
(d) Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Easement and superseded all prior discussions,
negotiations, understandings, or agreements relating to the Easement, all of
which are merged herein.
(e) Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto
and their respective personal representatives, heirs, successors, and assigns
and shall continue as a servitude running perpetually with the Property.
(f) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have
no effect upon construction or interpretation.
(g) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deemed an original instrument as against any party who
has signed it. In the event of any disparity between the counterparts produced,
the recorded counterpart shall be controlling.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
C
•
IN WITNESS WHEREOF Grantor and Grantee have set their bands on the day
and year first written above.
For the Grantor:
Pete J. Cagliero, Trustee of The Cagliero Family Estate Trust dated September 30,
1971, as amended, also known as and who acquired title -as Pete J. Cagliero, Trustee
of the Cagliero Family Estate Trust dated September 30, 1971; Phillip M. Cagliero,
a married man, as his sole and separate property; Jonathan P. Cagliero, a married
man, as his sole and separate property; Fredrick Wittstrom and Cindy Dee
Wittstrom, Co-Trustees of The Wittstrom Living Trust dated February 2, 1984, also
known as and who acquired title as Karl Fredrick Wittstrom and Cindy Dee
Wittstrom, Co-Trustees of the Wittstrom Living Trust dated February 2,1984;
Frederick K. Glick and Sharon S. Glick, Trustees of the Frederick K Glick and
Sharon S. Glick, Revocable Trust dated August 3, 1999, also known as and who
acquired title as Frederick K. Glick and Sharon S. Glick, Co-Trustees of the
Frederick K. Glick and Sharon S. Glick Family Trust
Signatures:
oI
Pete J. Cagliero , rusfee ofGThe Cagliero Family
Estate Trust ted Seppttteember , 1971.
Phillip M. agliero
Karl Fredrick Wittstrom, Co-Trustee of the
Wittstrom Living Trust dated February 2, 1984
(��- au.,
Cindy De ittstrom, Co-Trustee of the
Wittstrom iving Trust dated February 2, 1984
Fr Eck K Glick, ATrustee of the Frederick K.
Glick and Sharon S. Glick Revocable Trust dated
August 3,1999
r
the Frederick Y.
Sharon S. Glick
dated August 3,
Co- Trustee of
Glick and
Revocable Trust
1999
For The Grantee:
n Howell Marx, Vice Mayor
For Deed of Trust Holder:
Central Coast Federal Land Bank
Association, FLCA
By:
APPROVED AS TO FORM:
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personally„ appeared
STATE OF CALIF9RNIA
COUNTY OF �-
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personally known to
me (o evidence) to be the
person(- whose name( is /arL- subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in iris /her /thV-ir
authorized capacity(ies}, and that by hlWher /their signature(" on the
instrument the person or the entity upon behalf of which the
person(-" acted �execu ed the instrument.
WITNESS
gnature.
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personally appeared
LEE PRICE
seal. Commission # 1224447 Z
z Notary Pub!ic - California
5cn Luis Obispo County
My Comm oq*w Mry21, 2LZ�i
STATE OF CALIFORNIA
COUNTY OF
before me,
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, personally known to
me (or 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.
WITNESS my hand and official seal.
Signature
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN. (Though the data
requested is not required by law, it could prevent fraudulent reattachment of. this
form.)
3008.1 WPAWOTRYACA 6/96
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EXHIBIT `A'
PARCEL 1:
All that part of the West half of the Southwest quarter of Section 25, in Township 30 South, Range
12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis.
Obispo, State of California, according to the official plat thereof, described as follows:
Beginning at a point which bears North 68 °22' East, 79 feet from the corner common to Sections 25,
26, 35 and 36 in said Township and Range, said point being on the Southwest line of Lizzie Street,
according to the map of Piedmont Tract, in the City of San Luis Obispo, recorded May 21, 1889 in
Book A, Page 146 of Maps, records of said County; thence North 68 022' East across said Street and
along the Northwest line of Lot 5 of said Tract, 933.5 feet to the most Northerly corner of said Lot;
thence along the Westerly line of Lot 1 of said Tract, North 45 038' West, 65.5 feet and North 2 025'
East, 1226 feet to Stake C.4, the most Northerly corner of said Lot, said corner being the most
Easterly corner of the property conveyed to Kate M. Cox, by deed dated September 29, 1892 and
recorded in Book 17, Page 324 of Deeds, Records of said county; thence along the-Easterly and
Southeasterly line of the property so conveyed, South 6 '/.° West, 408.5 feet, South 67 %* West,
282.5 feet, and South 28 %* West, 91.1 feet to the Northeast line of the property conveyed to C. $
Phillips, by deed dated May 18, 1880 and recorded in Book M. Page 253 of Deeds, Records of said
County ;thence along the line of the property so conveyed, South 61° East, 79.9 feet to Stake B.M.
No. 6, South 28 %0 East, 132 feet to Stake B.M. No. 7, and South 60 V41 West, 994.6 feet to Stake
B.M. No. 8, and F.D. No. 9 set on the Northeast line of the property conveyed to C. H. Phillips by
deed dated December 10, 1880 and recorded in Book M, Page 625 of Deeds, Records of said
County; thence South 283/40 East along said Northeast line, 352 feet to a point on the Northwest
line of aforesaid Lizzie Street, distant North 53038' East, 451 feet from the most Northerly corner of
Johnson and Lizzie Streets, as said corner existed on January 27, 1887; thence North 53 °38' East
along the Northwest line of said Lizzie Street, 11 feet to Stake C.6; thence South 36 °22' East, 73 feet
to the point of beginning.
Except therefrom that portion thereof described in the deed to San Luis Obispo High School
District, recorded January 3, 1949 in Book 458, Page 496 of Official Records, described as follows:
Beginning at the most Northerly corner of Lot 1 in Block 4 of Fixlini Terrace, according to map
filed for records September 14, 1888 in Book A, Page 100 of Maps, in the office of the County
Recorder of said County; thence North 36 °22' West, 33 feet; thence South 53038'West, 11.64 feet;
thence North 28 057' West (Record bearing North 28 %0 West) and along the Northeasterly line of
the property conveyed to C. H. Phillips, by deed dated September 10, 1880 and recorded in Book
M, Page 625 of Deeds, Records of said County, 351.85 feet to a 1 %" iron pipe, stake BN No. 8, and
F.D. No. 9, in the Southeasterly line of the property conveyed to San Luis Obispo High School
District by deed dated December 6, 1945 and recorded in Book 392, Page 452 of Official Records of
said County; thence along said Southeasterly line, North 60 127' East, 994.62 feet to a 1 Vz" iron
pipe; thence South 25 002' East, 221.56 feet to a 1 %II iron pipe; thence South 62 034' West, 929.79
.feet to a 1 K" iron pipe; thence South 28 157' East, 192.8 feet; thence South 53 °38' West, 34.49 feet
to the point of beginning.
Also except therefrom that portion thereof lying within the lines of that certain street, described in
Paragraph 1 of Judgment and Decree recorded September 4, 1957 in Book 906, Page 262 of Official
1
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Records, and in Paragraph 1 of Judgment Nunc Pro Tunc, recorded September 19, 1957 in Book
908, Page 365 of Official' Records.
Also except therefrom that portion described as follows:
Beginning at the most Northerly corner of Lot 1 in Block 4 of Fixlini Terrace, according to the map
filed for record in Book A, Page 100 of Maps, in the Office of the County Recorder of said county;
thence along the Northeasterly line of said Fixlini Terrace, South 36 °22' East, 40.00 feet to the
Southwesterly prolongation of the Northwesterly line of Lot 5 of the Piedmont Tract, according to
the Map filed for record. in Book A, Page 146 of Maps, in the Office of the County Recorder of said
county; thence along said Southwesterly prolongation and said Northwesterly line North 68 022'
East, 443.96 feet to the true point of beginning; thence North 40 128' West, 303.22 feet to the
Southeasterly line of the land described in the deed to San Luis Obispo High School District,
recorded January 3, 1949 in Book 458, Page 496 of Official Records of said County; thence along
said Southeasterly line, North 60 027' East, 220.28 feet; thence South 40 028' East, 335.27 feet to the
Northwesterly line of Lot 5 of the Piedmont Tract; thence along said Northwesterly line South
68 022' West, 228.53 feet to the true point of beginning.
Also except therefrom that portion thereof described in the deed to Gregory Devereaux Bowden, a
married man as his sole and separate property, recorded December 30; 1970 in Book 1599, Page
900 of Official Records.
PARCEL 2:
The Southeast quarter of the Southwest quarter, and the Southeast quarter of Section 25, in
Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the County of San Luis
Obispo, State of California, partly in the City of San Luis Obispo, according to the.ofTicial plat
thereof.
PARCEL 3:
That portion of Lot 8 of the Piedmont Tract, in the County of San Luis Obispo, State of California
outside the City of San Luis Obispo, according to the map recorded in Book A, Page 146 of Maps,
in the Office of the County Recorder of said County.
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STATE OF CALIFORNIA }
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r� COUNTY OF JCL► L (A l3 I / }
On UPCe►n{�er- 19, 0'1001 `, before me, L, da Llazzarani NL4aey
personally appeared Mar K e_arc_e_
personally known to
me (or preved to me an the has is 01— sa�tisfae -tQz:y a3 i dP -nee) to be the
person(1) whose naive( .9) is/ax-e--subscribed to the within instrument and
acknowledged to me that he ."e4hay, executed the same in his /h^w-_
authorized capacity(-:es), and that by hisAiar4theii signature(Pf) on the
instrument the person(,f) or the entity upon behalf of which the
person($) acted, executed the instrument.
WITNE S--//my hand and official seal.
Rli ,
SigAature VQ
�S t A 1-1 E R / C•4
STATE OF
COUNTY OF
On
personally
me (or proved to me on
person(s) whose name(s)
acknowledged to me that
authorized capacity(ies),
instrument the person(s)
person(s) acted, executed
before me,
UNDA L LAllARONI
TO;Z"Comm�a(o i * 17380M
Notay Public - CaUfaffdo
San Luis Obispo Courdy r
NyComn. �g Oct 15,3
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, personally known to
basis of satisfactory evidence) to be the
i are subscribed to the within instrument and
she /they executed the same in 0 gi/her /their
and that by is her /their signature(s) on the
or the en ity upon behalf of which the
the instrument.
r ANN M. KELEHER
WITNE y and fi 'al seal. U� COMM. a,zoaesa
NOTARY PUBLif.•CALIFORNIA
" SANTA BARBARA COUNTY n
COMM. EX . DEC. 1
SilrqWatur6
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN. (Though the data
requested is not required by law, it could prevent fraudulent reattachment of this
form.)
3009.1 W ROTRYACR 6/96
S�
AM F k/
C
E STATE
COUNTY
On '9-CV ,
personally appeared
me (or rove to me on tJ
person( ose name(s)
acknowledged to me that
authorized capacity(ies),
instrument the person(s)
person(s) acted, executed
OF CALIFORNIA }
I }SS.
OF p 5 }
before me, C
, personally known to
basis of satisfactory evidence) to be the
are subscribed to the within instrument and
she /they ex ted the same in( her /their
and that by (hl her/ their signature(s) on the
or the en ity upon behalf of which the
the instrument.
WIT my aJnd f' ial seal.
gnature
----------------
4SZ AMEkiC,'
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s
.On
personally appeared
AC M.#12WFii=iZ�
V 't COMM. � 1204 "b'r.:
: -NCTA, .Y PU13LIC- 0ALiY,:6.'IR n
SANTA 6l•7?3ARA COUNTY
COMW EXP..DEC, 14, 24,37 r'
STATE OF CALIFORNIA }
}SS.
COUNTY OFn
M —, before me, �C[y
onn
, personally known to
me ( ^— ^ = —�� tn mp ^ ) to be the
person(s) whose name(s) is /awe subscribed to the within instrument and
acknowledged to me that he /sey executed the same in his /hem*the =r
authorized capacity(ies), and that by his /herr signature(s) on the
instrument the person(s) or the entity upon. behalf of which the
person(s) acted, executed the instrument.
SHERYL R. KNOTT
WITNESS m hand an offic ' al seal. N - , , COW # 1223146
y pF Notary Public- Califomia
County of San Luis Obispo N
My Comm. Exp. June 30, 2003
Signatur
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN. (Though the data
requested is not required by law, it could prevent fraudulent. reattachment of this
form.)
3008 -1 WP /NOTRYACK 6/94
C
S� AMFk/
4 � C 7Z
STATE OF C
COUNTY OF
On a avvl , bef
personally appeared
me (or pfoA�V to me afi t
person( ose names)
acknowledged to me that- I
authorized capacity(ies),
instrument the person(s)
person(s) acted, executed
•
C .,. CALIFORNIA C
E ;- RACOUNTY0
P4 14 2002 'A
S5.
A
me,
personally known to
e basis of satisfactory evidence) to be the
Yare subscribed to the within instrument and
Yshe /they a ted the same i /her /their
and that by is her /their signs e(s) on the
or the en Sty upon behalf of which the
the instrument.
WITNES hand an seal.
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STATE OF CALIFORNI }
u �Lv
r ISS.
COUNTY OF `5 }
On o2l , before me,
personally appeared
me (or proved to me on t'
person(s) whose name(s)
acknowledged to me that
authorized capacity(ies),
instrument the person(s)
person(s) acted, executed
, personally known to
basis of satisfactory evidence) to be the
subscribed to the within inst nt and
I/ he they execut the same in his a their
and that by his her their signature on the
or the entity upon behalf of which the
the instrument.
WITNESS and and off' 'al s i re
OPTIONAL SECTION
�:.:. ANH M. KELEHER
U COMM. 9 1204869
NOTARZY PUBLIC- CALIFORNIA
SANTA BARBARA COUNTY O
COMM. EXP. DEC. 14, 2002 �
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MOST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN. (Though the data
requested is not required by law, it could prevent fraudulent reattachment of this
form.)
3008.1 WP /NOTRYACR 6/94
•
A M f. R,
C
STATE
COUNTY
On
•
OF CALIFORNIA
}
}SS.
}
personally appeared
_.... ____.._..._._.��.__. personally known to
me (.e-- pEati*ede- -me—ee ) to be the
person o() whose name(f) is /awe subscribed to the within instrument and
acknowledged to me that heAahe /4hW executed the same in his / /
authorized capacity( -iee� , and that by his/ signature W) on the
instrument the person (X) or the entity upon behalf of which the
person (A) acted, executed the instrument.
PATRiOA L. EMERSON
1? SS my hand fficiai seal. Commission# 1244941
Notary Public - CoNaMia
Son Lull Obispo Courtly
Signature�•^'���
------------------------------------------------------------------------
� y
STATE OF CALIFORNIA }
COUNTY OF —� �/ C O,B��IoO } SS .
on___, CEiYI, � �, �OQf before me,
personally appeared ��/�jx/ �• �L /G�
personally known to
me ( to be the
person whose name( is /ars subscribed to the within instrument and
acknowledged to me that -he/she /they executed the same in #i-e /her /t#tAi%-
authorized capacity(a�es) , and that by his /her /t#e -ter signature po on the
instrument the person(o or the entity upon behalf of which the
person "-A acted, executed the instrument.
PATRICIA L. EMERSON
NE S my ha icial se _ Commission# 1244941
Notary ftwc - Cd t mio
San lute Obispo County
SignatureC'OmrrLEartasDec6.2fl00
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN. (Though the data
requested is not required by law, it could .prevent fraudulent reattachment of this
form.)
3008 -1 WP /NOTRYACX 6/94
cityor san0iuis oww
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the DEED OF
CONSERVATION EASEMENT dated December 20, 2001, by and between Pete J. Cagliero,
Trustee of the Cagliero Family Estate Trust dated September 30, 1971; Phillip M. Cagliero;
Jonathan P. Cagliero; Karl Frederick Wittstrom, Co Trustee of the Wittst'rom Living Trust
dated February 2, 1984;'Cindy Dee Wittstrom, Co- Trustee of 'the Wittstrom Living Trust dated
February 2, 1984; and Frederick K. Glick, Trustee of the''Frederick K., Glick and Sharon S.
Glick Revocable Trust dated' August 3; 1999 (collectively, the "Bowden.'Ranch Partners "),
and the CITY OF SAN LUIS OBISPO, a political corporation, is hereby accepted by the
undersigned officer on behalf of the City Council pursuant to authority conferred by
Resolution No. 5370 (1984 Series) recorded June 15, 1984, in Volume 2604, Official
Records, Page 878, San Luis Obispo County, California, and Bowden Ranch Partners
hereby consent to recordation thereof by its duly authorized officer or his agent.
Date: :
CITY OF SAN LUIS OBISPO
by:
6�n Howell Marx, Vice Mayor
A
Lee Pri a ,1City'Clerk
The Cilyof &ao Lis b jois committed to Include the disabled In all of Its services, programs.and activities.
Telecommtynicationg.Det{ice for the Deaf (805) 781 -7410.
END Of DOCUMENT
i •
This Is a true and oorract copy of the record if
it bears the county seal and Is printed In
purple Ink FEB 212002
Julie L. Rodewald.. rk-R rder
By Deputy
San Luis Oblopo'Clobrity, California
DEED OF CONSERVATION EASEMENT
Bowden Ranch Partners and the City of San Luis Obispo
K"ft FEE PAIL? Ex£Mpr OUT pF
STATE
'r
a
bIsG7
JULIE RODEWALD
Ds
San Luis Obispo County- ClerklRecorder
1212BI2001
Recording requested by
Recorded at the request of
8:00 AM
First American Title Co.
First American Title Company
D 0 C # : 2001101257
Titles: 1
Pages: 18
When recorded return to:
Fees
0.00
Fred K. Glick, Esq.
Taxes
0.00
1315 Santa Rosa Street
others
0.00
San Luis Obispo, CA 93401
PAID
$0.00
SLO -57853 LI
DEED OF CONSERVATION EASEMENT
Bowden Ranch Partners and the City of San Luis Obispo
K"ft FEE PAIL? Ex£Mpr OUT pF
STATE
'r
a
bIsG7