HomeMy WebLinkAboutD-1652 Froom Ranch/Home Depot Project Recorded 07/08/2005RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Audrey Hooper, City Cleric
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
JULIE R'ODEVULD
San Luis Obispoty— ClerklRecorder
Recorded at the request of
Public
DOc #.: 2005055853
Space Above Line for Recorder's Use Only
CONSERVATION EASEMENT
NR
7/08/2005
3:03 PM
Titles: 1
Pages: 47
Fees
145.00
Taxes
0.00
Others
0.00
PAID
S145.00
THIS CONSER VA TION EASEMENT is made this �_ day of , 20 CE� by
Phyllis Madonna and Clinton R. Pearce and Connie E. Pearce, Trustees of the Clinton and
Connie Pearce Revocable Trust (collectively, "Grantor ") in favor of the City of San Luis
Obispo, a charter city and municipal corporation of the State of California ( "Grantee ") with
reference to the following facts:
RECITALS
A. Grantor is the developer of that certain real property in the City of San Luis Obispo,
County of San Luis Obispo, State of California, commonly referred to as Home Depot Project
(the "Project ").
B. Grantor is the owner in fee simple of certain real property in the City and County of San
Luis Obispo, legally described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated by this reference (the "Property"), which consists of 16.97 acres.
C. This Conservation Easement provides mitigation for certain impacts of the Project by
Grantor pursuant to requirements of the United States Army Corps of Engineers' ( "ACOE ")
Section 404 Permits No. 985007300 and No. 200201170 ( "Section 404 Permits "), and the
Consent Decree, File No. CV 02- 00092- LGB(EX) issued August 19, 2002 (the "Consent
Decree "). Special Conditions of the Section 404 Permits require Grantor to record a
Conservation Easement on all mitigation sites. This Conservation Easement is intended and shall
be deemed to satisfy such Special Conditions as to the Property. The Property is and will remain
in a Natural Condition as defined herein, and it is intended to be preserved in its natural, scenic,
open condition to maintain its ecological, historical, visual and educational values (collectively,
"Conservation Values ").
D. Grantee is authorized to hold conservation easements pursuant to Civil Code Section
815.3. Specifically, Grantee is an entity identified in Civil Code Section 815.3 and otherwise
authorized to acquire and hold title to real property; and
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E. The ACOE is the Federal agency charged, with regulatory authority over discharges of
dredged and fill material in waters of the United States pursuant to Section 404 of the Clean
Water Act.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to California law, including Civil Code Section 815,
et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth
( "Conservation Easement "). This Conservation Easement shall run with the land and be
binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or
users of the Property or any portion of it.
Purpose.
(a) The Purpose of this Conservation Easement is to ensure the Property will
be preserved in a Natural. Condition, defined herein, in perpetuity and to prevent any use of the
Property that will materially impair or interfere with the Conservation Values of the Property
(the "Purpose "). Grantor intends that this Conservation Easement will confine the use of the
Property to such activities, including without limitation, those involving the preservation and
enhancement of native species and their habitat in a manner consistent with the habitat
conservation purposes of this Conservation Easement.
(b) The term "Natural Condition," as referenced in the preceding paragraph
and other portions of this Conservation Easement, shall mean the condition of the Property, as it
exists.,at the time this Conservation Easement is executed, as well as future enhancements or
changes to the Property that occur directly as a result of the following activities:
(1) Compensatory mitigation measures required by the Section 404
Permits and as described in the Final Habitat Mitigation and Monitoring Plan dated June 10,
2002 ( "Mitigation Plan "), the cover page and Executive Summary of which are attached as
Exhibit "C," including implementation, maintenance, and monitoring activities (collectively,
"Compensatory Mitigation ");
(2) In- perpetuity maintenance ( "Long -Term Maintenance "), that
occurs on the Property as described in Section 16 herein; or
(3) Activities described in Section 6 herein.
(c) Grantor certifies to the ACOE and Grantee, that to the Grantor's actual
knowledge, the only structures or improvements existing on the Property at the time this grant is
executed consist of the water well and tank. Grantor further certifies to the ACOE and Grantee
that to the Grantor's actual knowledge, there are. no previously granted easements existing on the
Property that interfere or conflict with the Purpoe of this Conservation Easement as evidenced
by the Title Report attached at Exhibit "D" and which are depicted on Exhibit B. The current
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Natural Condition is evidenced in part by the depiction of the Property attached on Exhibit "E,"
showing all relevant and plottable property lines, improvements, boundaries and major, distinct
natural features such as waters of the United States. Grantor has delivered further evidence of
the Natural Condition to Grantee and the ACOE consisting of (1) an aerial photograph of the
Property at an appropriate scale taken as close in time as possible to the date this Conservation
Easement is executed; (2) an overlay of the Property boundaries on such aerial photograph; and
(3) on -site photographs showing all man -made improvements or structures (if any) and the
major, distinct natural features of the Property.
(d) If a controversy arises with respect to the Natural Condition of the
Property, Grantor, Grantee or ACOE as a third party beneficiary, or any designees or agents of
Grantor, Grantee and ACOE, shall not be foreclosed from utilizing any and all other relevant
documents, surveys, photographs or other evidence or information to assist in the resolution of
the controversy..
(e) The term. `Biological Monitor" shall mean an independent third -party
consultant with knowledge of aquatic resources in the San Luis Obispo County area and
expertise in the field of biology.
2. Grantee's Riahts. To accomplish the Purpose of this Conservation Easement,
Grantor, its successor and assign hereby grants and conveys the following rights to Grantee.
These rights are also granted to the ACOE or its designees as a third party beneficiary of this
Conservation Easement:
(a) To preserve and protect the Conservation Values of the Property, and
(b) To. enter upon the Property at reasonable times in order to monitor
compliance with and to otherwise enforce the terms of this Conservation Easement; and
(c) To prevent any activity on or use of the Property that is inconsistent with
the Purpose of this Conservation Easement and to require the restoration of such areas or features
of the Property that may be damaged by any act, failure to act, or any use that is inconsistent
with the Purpose of this Conservation Easement; and
(d) All mineral, air, and water rights necessary to protect and to sustain the
biological resources of the Property, provided that any exercise or sale of such rights by Grantee
shall not result in conflict with such Conservation Values; and
(e) The right to all present and future development rights, provided any
exercise of such rights must preserve the Property in its Natural Condition as that is defined in
Section IN of this Conservation Easement. Any exercise of present and future development
rights by Grantee shall not be in conflict with the Conservation Values of the Property; and
(f) The right to enforce by means, including, without limitation, injunctive
relief, the terms and conditions of this Conservation Easement.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the
Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited.
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Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and
their respective guests, agents, assigns, employees, representatives, successors, and third parties
are expressly prohibited on the Property except as otherwise provided herein or unless
specifically provided for in the Section 404 Permits and any amendments thereto, the Mitigation
Plan, and any easements and reservations of rights recorded in' the chain of title to the Property at
the time of this conveyance (as set forth on Exhibit D hereto):
(a) Supplemental watering except for habitat enhancement activities described in
Section 6(b);
(b) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals
or weed abatement activities, except weed abatement activities necessary to control or remove
invasive, exotic plant species;
(c) Use of off -road vehicles and use of any other motorized vehicles except in the
execution of management duties;
(d) Livestock grazing or other agricultural activity of any kind;
(e) Recreational activities including, but not limited to, horseback riding, biking,
hunting or fishing;
(f) Residential, commercial, retail, institutional, transportation or industrial uses;
(g) Any legal or de facto division, subdivision or portioning of the Prop_ erty, except
transfers in accordance with Section 12 below;
(h) Construction, reconstruction or placement of any building or other improvement,
billboard, or sign except those signs specifically allowed under Section 4(e) and Section 6(d),
and the fence allowed under Section 46);
(i) Dumping, depositing, or accumulating soil, trash, ashes, refuse, waste, bio- solids
or any other material;
0) Planting, introduction or dispersal of non- native or exotic plant or animal species;
(k) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or
below the surface of the Property;
(1) Altering the general topography of the Property, including but not limited to
building of roads and flood control work;
(m) Removing, destroying, or cutting of trees, shrubs or other vegetation, except for
(1) emergency fire breaks as required by fire safety officials as set forth in Section 6(f), (2)
prevention or treatment of disease, (3) control of invasive species which threaten the integrity of
the habitat, (4) required Mitigation Plan, or (5) activities described in Section 6; and
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(n) Manipulating, impounding or altering any.natural watercourse, body of water or
water circulation on the Property, and activities or uses detrimental to water quality, including
but not limited to degradation or pollution of any surface or sub - surface waters.
4. Grantor's Duties. To accomplish the Purpose of this Conservation Easement as
described in Section 1, Grantor, its successors and assigns shall:
(a) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the Conservation Values of the Property. In
addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under Section 2
of this Conservation Easement, including but not limited to Grantee's water rights; and
(b) Comply with the terms of this Conservation Easement and cooperate with
Grantee in the protection of.the Conservation Values; and
(c) Repair and restore damage to the Conservation Easement directly caused
by Grantor, Grantor's guests, representatives, employees. or agents, and third parties provided,
however, Grantor, its successors or assigns shall not engage in any repair or restoration work in
the Property without first consulting with'the ACOE; and.
. (d) - Undertake construction, maintenance and monitoring of mitigated areas
pursuant to the Mitigation Plan until issuance of final approval from the ACOE confirming that
Grantor has successfully completed construction, maintenance and monitoring of mitigated areas
pursuant to the Mitigation, Plan; and
(e) Install signs set forth in Section 6 below; and
(f) Perform Long -Term Maintenance of the Property as described in Section
16 herein; and
(g) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Conservation Easement, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes,
ordinances, rules, regulations, orders or requirements, and
(h) Prepare a monitoring and maintenance report when activities are
performed as set forth in Section 16(a) through (d) herein, and shall make reports available to the
Grantee and ACOE upon request. When activities are performed pursuant to Section 16(e),
Grantor shall retain a Biological Monitor . to prepare a detailed Restoration Plan and
oversee /monitor such maintenance /repair activities. Grantor shall have its Biological Monitor
submit the draft Restoration Plan to the Grantee and ACOE for review and written approval prior
to its implementation. Upon completion of restoration as specified in the approved Restoration
Plan, Grantor shall have its Biological Monitor prepare a detailed monitoring and maintenance
report, and Grantor shall make the report available to the Grantee and ACOE within thirty (30)
days of completion of restoration activities. Said report shall be signed by Grantor, or its
successor or assign and the Biological Monitor, and the report shall document the Biological
Monitor's .name and affiliation, dates the Biological Monitor was present on -site, activities
observed and their location, the Biological Monitor's observations regarding the adequacy of
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maintenance performance by the Grantor or its contractor in accordance with the approved
Restoration Plan, corrections recommended and implemented; and
(i) Install an additional fence around the circumference of the Property, if necessary,
to protect the Conservation Values of the Property.
5. Grantee's Duties. To accomplish the Purpose of this Conservation Easement as
described in Section 1, Grantee, its successors and assigns shall:
(a) Prevent any activity on or use of the Property that is inconsistent with the
Purpose of this Conservation Easement; and
(b) Perform annual compliance inspections of the Property, and shall make
reports available to the Grantor and ACOE upon request.
6. Reserved Rights. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Property, including
the right to engage in or to permit or invite others to engage in all uses of the Property that are
consistent with the Purpose of this Conservation Easement, including the following uses:
(a) Access. Reasonable access through the Property to adjacent land over
existing roads, or to perform obligations or other activities permitted by this Conservation
Easement or that are required under the Section 404 Permits.
(b) Habitat Enhancement Activities. Enhancement of native plant
communities, including the right to plant trees and shrubs of the same type as currently existing
on the Property, so long as such activities do not harm the habitat types identified in the Section
404 :Permits or Mitigation Plan. For purposes of preventing erosion and reestablishing native
vegetation, the Grantor shall have the right to revegetate areas that may be damaged by the
permitted activities under this Section 6, naturally occurring events or by the acts of persons
wrongfully damaging the Natural Condition of the Property. Prior to any habitat enhancement
activities, the Grantor shall have its Biological Monitor submit detailed plans to the Grantee and
ACOE for review and written approval, which approval shall not be unreasonably withheld,
conditioned or delayed, provided, however, that such approval shall be deemed to have been
given by Grantee and ACOE if the they fail to respond to a request therefor on or prior to the
date that is sixty (60) days after their receipt of request therefor. It shall be reasonable for
Grantee and ACOE to withhold consent of such activities that are in direct or potential conflict
with the preservation of the Natural Condition of the Property.
(c) Repair and Remediation of Damage or Refuse. Removal or trimming of
vegetation downed or damaged due to natural disaster, removal of man-made debris, removal ,of
parasitic (as it relates to the health of the host plant) and non - native or exotic plant or animal
species. Prior to any such. repair and remediation work, the Grantor shall first consult with the
Grantee and ACOE.
(d) Erection and Maintenance of Informative Si ngnage. Erection and
maintenance of signage and other notification features saying "Natural Area Open Space,"
"Protected Natural Area," or similar descriptions that inform persons of the nature and
restrictions on the Property. Prior to erection of such signage, the Grantor shall have its
Biological Monitor submit detailed plans showing the location of such signs to the Grantee and
ACOE for review and approval, which approval shall not be unreasonably withheld, conditioned
or delayed, provided, however, that such approval shall be deemed to have been given by
Grantee and ACOE if they fail to respond to a request therefor on or prior to the date that is sixty
(60) days after their receipt of request therefor. It shall be reasonable for Grantee and/or ACOE
to withhold consent of such structures that are in direct or potential conflict with the preservation
of the Natural Condition of the Property.
(e) No Interference with Development of Adjoining Property.
Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement
is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and
assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the
portions of the Project not constituting the Property, (2) installing and/or maintaining the
subsurface infrastructure improvements, utility lines, landscaping (including irrigation and
runoff), landscape mitigation, and/or similar non - structural improvements within the Property,
and/or (3) developing adjoining property. for any purposes, except as limited by any local, state
or federal permit requirements for such development and provided that for all of the above
clauses (1), (2) and (3) neither such activity nor any effect resulting from such activity amounts
to a use of the Property, or has an impact upon the Property, that is prohibited by Section 3
above.
(f) Fire Protection. The right, in an emergency situation only, to maintain
firebreaks, trim or remove brush, otherwise perform preventative measures required by the fire
department to protect structures and other improvements from encroaching fire. All other brush
management activities shall be limited to areas outside the Property.
7. Enforcement.
(a) Right to Enforce. Grantor, its successors and assigns, grant to the ACOE,
the U.S.. Department of Justice, and the State Attorney General a discretionary right to enforce
this Conservation Easement in a judicial or administrative action against any person(s) or other
entity(ies) violating or attempting to violate this Conservation Easement; provided, however, that
no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The
ACOE, U.S. Department of Justice, and the State Attorney General shall have the same rights,
remedies and limitations as Grantee under this Section 7. The rights under this Section are in
addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement
against Grantor and their successors or assigns under the Section 404 Permits, or any rights of
the various documents created thereunder or referred to therein.
(b) Notice.
(1) If Grantee determines Grantor is in violation of the terms of this
Conservation Easement or that a violation is threatened, Grantee may demand the cure of such
violation. In such a case, Grantee shall issue a written notice to Grantor (hereinafter "Notice of
Violation ") informing Grantor of the violation and demanding cure of such violation.
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(2) Grantor shall cure the noticed violation within fifteen (15) days of
receipt of said written notice from Grantee. If said cure reasonably requires more than fifteen
(15) days, Grantor shall, within the fifteen (15) day period,lsubmit to Grantee for review and
approval a plan and time schedule to diligently complete a cure. Grantor shall complete such
cure in accordance with the approved plan. If Grantor disputes the notice of violation, it shall
issue a written notice of such dispute (hereinafter "Notice of Dispute ") to the Grantee within
fifteen (15) days of receipt of written notice of violation.
(3) . If Grantor fails to cure the noticed violation(s) within the time
period(s) described in Section 7(b)(2) above, or Section 7(d) below, Grantee may bring an action
at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the
terms of this Conservation Easement. In such action, the Grantee may (i) recover any damages to
which they may be entitled for violation by Grantor of the terms of this Conservation Easement,
(ii) enjoin the violation, ex pane if necessary, by temporary or permanent injunction without the
necessity of proving either actual damages or the inadequacy of otherwise available legal
remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the
Property to the condition in which it existed prior to any such violation or injury. Grantee may
apply any damages recovered to the cost of undertaking, any corrective action on the Property.
(4) If Grantor provides Grantee with a notice of dispute, as provided
herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and time, not to
exceed thirty (30) days from the date that Grantee receives the notice of dispute. Grantee shall
consider all relevant information concerning the disputed violation provided by Grantor, and
shall determine whether a violation has in fact occurred and, if so, whether the notice of violation
and demand for cure issued by Grantee is appropriate in light of the violation.
(5) If, after reviewing Grantor's notice of dispute, conferring with
Grantor, and considering all relevant information related to the violation, Grantee determines that
a violation has occurred, Grantee shall give Grantor notice of such determination in writing.
Upon receipt of such determination, Grantor shall have fifteen (15) days to cure the violation. If
said cure reasonably requires more than fifteen (15) days, Grantor shall, within the fifteen (15)
day period, submit to Grantee for review and approval a plan and time schedule to diligently
complete a cure. Grantor shall complete such cure in accordance with the approved plan.
(c) Conflicting Notices of Violation.
(1) If Grantor receives a Notice of Violation from Grantee or ACOE
that is in material conflict with one or more prior. written Notices of Violation that have not yet
been cured by Grantor (hereinafter "Active Notice(s) of Violation ") such that the conflict makes
it impossible for Grantor carry out cure consistent with all prior Active Notices of Violation,
Grantor shall give written notice (hereinafter 'Notice of Conflict ") to the agency or agencies
issuing the later, conflicting Notice(s) of Violation. Grantor shall issue said Notice of Conflict to
the appropriate agency or agencies within fifteen (15) days of the receipt of each such conflicting
Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity,
including a description of how the conflict makes compliance with all Active Notices of
Violation impossible.
(2) Upon issuing a valid notice of 'conflict to the appropriate agency,
as described above, Grantor shall not be required to carry out the cure described in the
conflicting Notice or Notices of Violation. until such time as the. agency or agencies responsible
for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent
with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of Violation,
Grantor shall carry out the cure recommended in such notice within the time period(s) described
in Section 7(b)(2), above. Notwithstanding Section 7(d), failure to cure within said time
period(s) shall entitle Grantee to -the remedies described in Section 7(b)(3).
(3) The failure of Grantor to issue a valid Notice of Conflict within
fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of
Grantor's ability to claim a conflict. -
(4) This Section 7(c) shall not apply to Section 7(d), below.
(d) Immediate Action. If Grantee determines that circumstances require
immediate action to prevent or mitigate significant damage to the Natural Condition or
Conservation Values of the Property, Grantee may immediately pursue all available remedies,
including injunctive relief, available pursuant to both this Conservation Easement and state and
federal law after giving Grantor at least twenty four (24) hours' written notice before pursuing
such remedies. So long as such twenty four (24) hours' notice is given, Grantee may
immediately pursue all available remedies .without waiting for the expiration of the time periods
provided for cure or notice of dispute as described in Section 7(b)(2). The written notice
pursuant to this paragraph may be transmitted to Grantor by facsimile. The rights of Grantee
under this paragraph apply equally to actual or threatened violations of the terms of this
Conservation Easement. Grantor agrees that the remedies at law for Grantee for any violation of
the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the
injunctive relief described in this Section 7, both prohibitive and mandatory, in addition to such
other relief to which Grantee may be entitled, including specific performance of the terms of this
Conservation Easement, without the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies. The remedies described in. this Section 7(d)
shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in
equity.
(e) Costs of Enforcement. Any costs incurred by Grantee, as the prevailing
party, in enforcing the terms of this Conservation Easement against Grantor including, but not
limited to, costs of suit and.attorneys' fees, and any costs of restoration necessitated by Grantor's
violation or negligence under the terms of this Conservation Easement shall be borne by Grantor.
(f) Enforcement Discretion. Enforcement of the terms of this Conservation
Easement shall be at the discretion of the Grantee. Any forbearance by Grantee. to exercise
rights . under this Conservation Easement in the event of any breach of any term of this
Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee
of such term or of any subsequent breach of the same or any other term of this Conservation
Easement or of any of the rights of Grantee a under this Conservation Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
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(g) Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury
to or change in the Property resulting from:
(1) Any natural cause beyond Grantor's control, including without
limitation, fire, flood, storm, and earth movement; or
(2) Any prudent action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to persons and/or the Property resulting from such
causes.
Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and
approvals for any activity or use permitted by this Conservation Easement, and undertake any
activity or use in accordance with all applicable federal, state, local and administrative agency
statutes, ordinances, rules, regulations, orders or requirements.
8. Access. This Conservation Easement does not. convey a general right of access to
the public or a general right of access to the Property. In accordance with Section 6(d), Grantor,
its successors or assigns shall install signage at all likely points of entry informing persons of the
nature and restrictions on the Property. This Conservation Easement will allow for access to the
Property by the ACOE and third -party easement holders of record at the time of this conveyance
at locations designated in easements and reservations of rights recorded in the chain of title to the
Property at the time of this conveyance.
`9. Costs and Liabilities. Grantor, its successors and assigns retain all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep,
and maintenance of the Property.
(a). Conveyance "As -Is." Notwithstanding anything to the contrary contained
herein, it is understood between the parties that the easement rights conveyed by this
Conservation Easement are expressly subject to all matters of record as of the date of this
Conservation Easement is. executed and are conveyed in an "AS IS" condition, "with all faults"
as of such date.
(b) Hold Harmless. Grantor, its successors and assigns shall hold harmless,
indemnify, and defend Grantee and,its directors, officers, employees, agents, contractors, and
representatives (collectively "Indemnified Parties ") from and against all liabilities, penalties,
costs, losses, damages, expenses, causes of action, claims, demands, or judgment, including
without limitation, reasonable attorneys' fees, arising from or in any way connected with: injury
to or the death of any person, or physical damages 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 negligence of any of the Indemnified Parties.
10. Taxes, No Liens. Grantor, its successors and assigns shall pay before delinquency
all taxes, assessments, fees, and charges of whatever description levied on or assessed against the
Property by competent. authority, including any taxes imposed upon, or incurred as a result of,
this Conservation Easement, and shall furnish Grantee or the ACOE with satisfactory evidence
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of payment upon request. Grantor, its successors and assigns shall keep Grantee's interest in the
Property free from any liens.
11. Condemnation. The Purpose of the Conservation Easement is presumed to be the.
best and most necessary public use as defined in Civil Procedure Code Section 1240.680
notwithstanding of Civil Procedure Code Sections 1240.690 and 1240.700. Nevertheless, if the
Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor and
Grantee shall be entitled to compensation in accordance with applicable law.
12. Subsequent Transfers.
(a) By Grantee. This Conservation Easement is transferable by Grantee, but
Grantee may assign its rights and delegate obligations under this Conservation Easement only to
an entity or organization authorized to acquire and hold conservation easements pursuant to Civil
Code Section 815.3 (or any successor provision then applicable) and only with the prior written
approval of the Grantor and ACOE: Grantee shall require the assignee to record the assignment
in the county where the Property is located.
(b) By Grantor.
(1) The covenants, conditions, and restrictions contained in this
Conservation Easement are intended to and shall run with the land and bind all future owners of
any interest in the Property. Grantor, its successor or assign agrees to (i) incorporate by
reference to the title of and the recording information for this Conservation Easement in any
deed. or other legal instrument by which each divests itself of any interest in all or a portion of
the Property, including, without limitation, a leasehold interest and (ii) give actual notice to any
such transferee or lessee of the existence of this Conservation Easement. Grantor, its successor
and assign agrees to give written notice to Grantee and ACOE of the intent to transfer any
interest at least forty -five (45) days prior to the date of such transfer. The failure of Grantor, its
successor or assign to perform any act provided in this Section 12 shall not impair the validity of
this Conservation Easement. or limit its enforceability in any way.
(2) From and after the date of any transfer of all or any portion of the
Property by Grantor and each. transfer thereafter, (i) the transferee shall be deemed to have
assumed. all of the obligations of Grantor as to the portion transferred, as set forth in this
Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions
contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no
further obligations hereunder, and (iv) all references to Grantor in this Conservation Easement
shall thereafter be deemed to refer to such transferee.
13. Additional Easements. Grantor, its successors and assigns shall not-grant
additional easements or other interests in the surface or subsurface of the Property (other than a
security interest that is subordinate to this Conservation Easement) without the prior written
authorization of Grantee and ALOE, which consent shall not be unreasonably withheld. It shall
be reasonable for Grantee and ACOE to withhold consent for the grant of additional easements
or other interest in the Property that are in direct or potential conflict with the Section 404
Permits, Consent Decree, or the preservation of the Purpose and Natural Condition of the
Property as defined in Section 1 of this Conservation Easement or will impair or otherwise
-11-
interfere with the Conservation Values of the Property. Grantor or its successors and assigns
shall record any additional easements or other interests in the Property approved by the Grantee
and ACOE in the official records of San Luis Obispo County, California and shall provide a
copy of the recorded document to the Grantee and ACOE.
14. Notices. All notices; demands, requests, consents; approvals, or communications
from one party to another shall be personally delivered or serit by facsimile to the persons set
forth below or shall be deemed given five (5) days after deposit in the United States mail,
certified and postage prepaid, return receipt requested, and addressed as follows, or at such other
address as any Party may from time to time specify to the other parties in writing:
To Grantor: Phyllis Madonna
Clinton R. Pearce and Connie E. Pearce, Trustees of the Clinton
and Connie Pearce Revocable Trust
C/o Madonna Enterprises
284 Higuera Street
San Luis Obispo, CA 93401
FAX: 805 -541 -3067
To Grantee: City Administrator
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
FAX: 805 -781 -7109
With a copy to: District Counsel
U.S. Army Corps of Engineers
Los Angeles District
915 Wilshire Boulevard, Room 1535
Los Angeles, California 90017 -3401
FAX: 213 -452 -4217
The parties agree to accept facsimile signed documents and agree to rely upon such
documents as if they bore original signatures. Each party agrees to provide to the other parties,
within seventy -two (72) hours after transmission of such a facsimile, the original documents that
bear the original signatures.
15. Amendment. Grantor and Grantee may amend this Conservation Easement only
by mutual written agreement and. with the written consent of the ACOE. Any such amendment
shall be consistent with the Purpose of this Conservation Easement and shall not affect its
perpetual duration. Grantor or its successors and assigns shall record any amendments to this
Conservation Easement approved by the Grantee and ACOE in the official records of San Luis
Obispo County, California and shall provide a copy of the recorded document to the Grantee and
ACOE.
16. Long-Term Maintenance. Grantor, its successors and assigns shall be responsible
for in- perpetuity, ongoing, long -term maintenance of the Property. Such long -term maintenance
shall consist of the following activities: (a) annual removal of trash or man -made debris; (b)
-12-
i 0
annual maintenance of signage and . other notification features pursuant to Section 6(d); (c)
annual exotic species removal; (d) maintenance of the ,fencing around the circumference of the
Property, if installed pursuant to Section 4(i); and (e) annual repair; remediation or restoration of
the Property damaged by any activities prohibited by Section 3 herein. Grantor, its successors
and assigns shall prepare a monitoring and maintenance report documenting activities performed
under subsections (a) through and, (e) above, and shall make reports available to the ACOE and
Grantee upon request. When activities are performed pursuant to subsection (e) above, Grantor,
its successors and assigns, shall retain a qualified Biological Monitor to prepare a Restoration
Plan and to oversee /monitor such maintenance /repair activities. Grantor shall have its Biological
Monitor submit a draft Restoration Plan to the Grantee and. ACOE for review and written
approval prior to its implementation. Upon completion of restoration as specified in the approved
Restoration Plan, Grantor shall have its Biological Monitor prepare a detailed monitoring and
maintenance report, and Grantor shall make the report available to the Grantee and ACOE within
thirty (30) days of completion of restoration activities. Grantor, its successors or. assigns and the
Biological Monitor shall sign the monitoring and maintenance report, and the report shall
document the Biological Monitor's name and "affiliation, dates Biological Monitor was present
on -site, activities observed and their location, Biological Monitor's observations regarding the
adequacy of maintenance performance by the Grantor, its successors or assigns, or its contractor
in accordance with the approved Restoration Plan, corrections recommended and implemented.
17. Endowment. Grantor shall transfer to the Grantee upon recording of the
Conservation Easement a certain sum agreed upon for the purpose of fulfilling Grantee's
obligations under this Conservation Easement, including annual monitoring of the Property.
18. Recordation. Grantor shall promptly record this instrument in the official records
of San Luis Obispo County, California and immediately notify the Grantee and the ACOE
through the mailing of a conformed copy of the recorded easement.
19. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute
and deliver to Grantor, its successors and assigns any ,document, including an estoppel
certificate, which certifies compliance with any obligation of Grantor, its successors and assigns
contained in this Conservation Easement and otherwise evidences the status of this Conservation
Easement as may be requested by Grantor, its successors and assigns.
20. General Provisions.
(a) Controlling Law. The laws of the United States and the State of California
shall govern the interpretation and performance of this Conservation Easement.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of and to effect
the purposes of this Conservation Easement and the policy and purpose set forth in California
Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purposes of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Conservation Easement Deed, such action shall not affect the
remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or
-13-
invalidates the application of any provision of this Conservation Easement Deed to a person or
circumstance, such action shall not affect the application of the provision to other persons or.
circumstances.
(d) Entire Agreement. This instrument together with the attached exhibits and
any documents referred to herein sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement. No alteration or variation of this instrument
shall be valid or binding unless contained in an amendment in accordance with Section 15.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement Deed shall be binding upon, and inure to the benefit of, the parties hereto
and their respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Property. The covenants . hereunder benefiting Grantee
shall also benefit the ACOE as a third party beneficiary.
(g) Termination of Rights and Obligations. _ A party's rights and obligations
under this Conservation Easement shall terminate upon transfer of the party's interest in the
Conservation Easement or Property (respectively), except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
(h) 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 its
construction or interpretation.
W Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all 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.
(j) Exhibits. All Exhibits referred to in this Easement are attached and
incorporated herein by:reference.
(k) No Hazardous Materials Liability. Grantor represents and warrants that it
has no knowledge of any release or threatened release of Hazardous Materials (defined below)
in, on, under, about or affecting the Property. Despite any contrary provision of this
Conservation Easement Deed, the parties do not intend this Conservation Easement to be, and
this Conservation Easement shall not be, construed such that it creates in or gives to Grantee any
of the following:
(1) The obligations or liabilities of an "owner" or "operator," as those
terms are defined and used in Environmental Laws (defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA "); or
(2) The obligations or liabilities of a person described in 42 U.S.C.
-14-
0
Section 9607(a)(3) or (4); or
•
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by- products and fractions
thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related
materials defined in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the
Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the
Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and
in the regulations adopted and publications promulgated pursuant to them, or any other
applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or
enacted after the date of this Conservation Easement.
The term "Environmental Laws" includes, without limitation, any federal, state, local or
administrative .agency statute, ordinance, rule, regulation, order or requirement relating to
pollution, protection of human health or safety, the environment or Hazardous Materials.
Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of
the Property will comply with all Environmental Laws.
.IN WITNESS WHEREOF Grantor and Grantee have executed this Conservation
Easement the day and year first above written and have agreed to be bound by the terms and
provisions hereof.
GRANTOR:
A"' V
Phyll donna
v
The Clinton and Connie Pearce Revocable
Trust dated September 15, 2003
r
By: -A J -a - P01'�_
linton R. Pearce, Trustee
B Y
Connie E. Pearce, Trustee
-15-
CERTIFICATE OF ACCEPTANCE
•
This is to certify that the interest in real property conveyed by the Conservation Easement
dated u( , 200, by Phyllis Madonna and Clinton R. Pearce and Connie E. Pearce,
Trustees of the Clinton and Connie Pearce Revocable Trust, As Sole Proprietors, to the City of
San Luis Obispo, is accepted by the undersigned officers on behalf of Grantee.
' -EST:
. Qudre� H oper, Cit Clerk
+�
APPROVED AS TO FORM:
J6atliZP. Lowell, City Attorney
GRANTEE:
CITY OF SAN LUIS OBISPO
By:
Dave Romero
Mayor
i ev
•
State of California
County of �s walsp SS.
On 3\APZ IW �'O1'� , before me,
Date
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
1✓d
personally appeared PuYLM -S \1• M b CbNN�
Printed Name of Notary Public
Printed Name(s) of Signers)
personally known to me - or -
❑ proved to me on the basis of satisfactory evidence:
❑ form(s) of identification
❑ credible witness(es)
to be the ers (s) whose (s) Is re subscribed to the within i 115 ment and acknowledged to me
that e s t e executed t e same i is/(� their authorized a acit ies), and that b pie their
nat s) on the instrument the erso s7; or the entity upon p aIf of which the erscted,
e ted the instrument.
DNA HORTILLOSA PIURAUE
" Commasion * 1512075
=m Notary KIM - Caf< bMia
San Lids Obispo County
My Comm• ExPhm Sep 6, 2
WITNESS my hand and official seal.
Sig ature of Notary Public
(Seal)
OPTIONAL INFORMATION
0
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled /for the purpose of
containing pages, and dated
The signer(s) capacity or authority is /are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian /Conservator
❑ Partner - Limited /General
❑ Trustee(s)
❑ Other:
representing:
Title(s)
Name(s) of Person(s) or Entity(ies) Signer is Representing
® Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK02- 02/04. To re- order, call toll -free 1 -877- 349 -6588 or visit us on the Internet at http: / /www.thenotaryshop,com
State of California
County of
cAP LAW, o00>07
CALIFORNIA ALL - PURPOSE
ss. CERTIFICATE OF ACKNOWLEDGMENT
On JUNE 24 i , before me,
Date
personally appeared C0V_)t_j G 9' • PftilR "
-t 1001 'llA- 91V1 ROM 5
Printed Name of Notary Public
Printed Name(s) of Signer(s)
personally known to me - or -
❑ proved to me on the basis of satisfactory evidence:
❑ form(s) of identification
❑ credible witness(es)
to be the erso (s) whos nam s) US subscribed to the within in ument and acknowledged to me
th e/ ey execute same i is/ er their authorized paci ies), and that 's/ a /their
(gnatur on the instrument the erso (s; , or the entity uponbeftalf of which the erso jK) sacted,
e d the instrument.- - -
L4ZINA HORrILL05A PIURAUE
Commission # 1512075
"I'l4V NOro►y P�fk - Canbffda San Luis obibpo Couny Comm. Expires Sep 6.2008
WITNESS my hand and official seal.
`Ir_41tz�
gnature of Notary Public
(Seal)
OPTIONAL INFORMATION
U
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled /for the purpose of
containing pages, and dated
The signer(s) capacity or authority is /are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian /Conservator
❑ Partner - Limited /General
❑ Trustee(s)
❑ Other:
representing:
Title(s)
Name(s) of Person(s) or Entity(ies) Signer is Representing
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
❑ Other
0 Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK02. 02/04. To re- order, call toll -free 1- 877- 349 -6588 or visit us on the Internet at http: / /www.thenotaryshop.com
0
•
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a
State of California
CALIFORNIA ALL - PURPOSE
R
LL County of 5�*' ��s o6�Sl�' SS' CERTIFICATE OF ACKNOWLEDGMENT
R
`� -,p/'
-NIA
t On before me,
i3
Date Printed Name of Notary Public
-
personally appeared CLINC ��
Printed Name(s) of Signer(s)
B
personally known tome -or -
proved to me on the basis of satisfactory evidence:
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❑ form(s) of identification
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tha sh ey executed a same 'n is her /their authorized pacit (ies), and that /her /their
f
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(gnatur (s) on the instrument the per (s), or the entity upon f of which th (s) acted,
e ed the instrument:
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WITNESS my hand and official seal.
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Commisafon # 1512075
-� NoAOry caubmia
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MV Comm. Exphes Sep 6.2 -
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Signatur of Notary Public
d
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(seal)
s
OPTIONAL INFORMATION
R
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
R
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
Additional Information
titled /for the purpose of
❑ Additional Signer(s) ❑ signer(s)Thumbprint(s)
s
❑ Other
o
s
containing pages, and dated
The signer(s) capacity or authority is /are as:
s ❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
3 Title(s)
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3 ❑ Guardian /Conservator
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❑ Other:
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representing:
- Name(s) of Person(s) or Fntity(ies) Signer is Representing
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•
Exhibit A
Legal Description of Property
Wile
•
0 � 0
Exhibit "A"
CONSERVATION EASEMENT
Legal Description
That parcel of land in the County of San Luis Obispo, State of California, being a portion of Lots
17 and 49 of the subdivisions of the ranchos Canada de Los Osos and La Laguna, as surveyed by
Jas. T. Stratton, according to that map filed in Book "A ", at Page 83 of Maps in the office of the
Recorder for said County; more particularly described as follows:
Commencing from City of San Luis Obispo, Primary Horizontal Control Network Station #8217,
being a pin in concrete in monument well at the centerline intersection of Los Osos Valley Road
and Diablo Road, State Plane Coordinate, Zone 5 values, in Survey Feet; Northing:
2,294,411.825 and Easting: 5,754,942.757, North American Datum of 1983 (1992 adjustment) as
converted according to the published values listed by the City of San Luis Obispo Public Works
Department, Engineering Division, and viewed on the World Wide Web at
www.slocity.org/l)ublicworks/surveying.asi);
Thence, N 16° 23' 11" W, 5561.14 feet to the East corner of said Lot 17 (S -201) marked by a
chiseled cross in concrete on top of the westerly culvert headwall as shown on Parcel Map CO-
70-76, filed in Book 5, at Page 13 of Parcel Maps in the office of the Recorder for said County,
referred to hereinafter as Point "C ", being S 69° 36' 50" E, 2766.58 feet from a3/4" iron pipe
with tag stamped LS 2391 marking the cornet common to Lots 17, 18, 46 and 49 (S -196) of said
subdivisions of the ranchos Canada de Los Osos and La Laguna;
Thence, S 51° 39' 48" W, 610.18 feet to the True Point of Beginning referred to here as Point
"B ";
Thence, S 60°
27',37"
W, 152.17 feet (L1);
Thence, S 33.°
10' 30"
W; 203.21 feet (L2);
Thence, S 33°
07' 14"
W, 45.05 feet (L3);
Thence, S 51°
34' 03"
W, 64.61 feet (L4);
Thence, S 73°
09' 17"
W, 66.86 feet (L5);
Thence, N 73°
57' 27"
W, 55.42 feet (L6); .
Thence, N 62°
57' 48"
W, 533.39 feet (L7);
Thence, S 48°
30'.54"
W, 138.70 feet (L8);
Thence, S,40*
41' 02"
W; 100.79 feet (L9);
Thence, S 35°
26' 45"
W, 32.25 feet (L10);
Thence, N 17°
35' 28"
W, 56.77 feet (L11);
Thence, S 89'41'
02"
W, 213.35 feet (1,12);
Thence, N 61°
05' 19"
W, 168.43 feet (L13);
Thence, N 10°
56' 58"
W, 194.77 feet (L14);
Thence, N 22°
44' 43"
E, 166.35 feet (L15);
Thence, N 54°
34' 34"
E, 158.90 feet (L16);
Thence, N 38°
59' 56"
E, 355.67 feet (1,17);
Thence, N 51°
36' 04"
E, 170.85 feet (L18);
Page 1 of 3
F: \proj\ 2004 \041038\Survey\Design\Master Drawings \L.egal Descriptions\Conservation Easement.doc
• s
Thence, S 20°
15'
37"
E, 96.32 feet (L19);
Thence, S 06°
37'
46"
W, 154.71 feet (L20)
Thence, S 85°
19'
18"
E, 161.69 feet (L21);
Thence, N 35°
11'
56"
E, 357.78 feet (L22);
Thence, S 59°
25'
22"
E, 490.48 feet (L23);
Thence, 8 18°
40'
05"
E, 156.92 feet (L24);
Thence, S 64°
24'
00"
E, 248.64 feet (L25);
Thence, S 32°
45'
51"
W, 22.09 feet (L26);
Thence, N 83°
15'
36"
W, 215.53 feet (L27);
Thence, S 32°
46'
28"
E, 224.23 feet (L28);
Thence, S 28°
36'14"
W, 25.26 feet (L29), to the Point of Beginning at said point "B ";
The gross land area contains 23.07 acres.
Excepting from the 23.07 acre parcel of land described herein above the following parcel of
land referred to hereafter as "Land Area "A ":
Commencing at said reference point "C ";
Thence, S 80° 18' 10" W, 1352.94 feet, to the Point of Beginning referred to here as Point "A ";
Thence, N 47° 15' 28" E, 112.49 feet (L58);
Thence, S 42° 36' 36" E, 53.60 feet (L59); .
Thence, S 44° 12' 33" W, 107.82 feet (L60);
Thence, N 47° 16' 25" W, 59.52 feet (L61), to the Point of Beginning at said Point "A ";
"Land. Area A" contains 0.14 +/- acres;
And Excepting from the 2107 acre parcel of land described herein above the following parcel
of land referred to hereafter as "Land Area "B ".
Beginning at said reference point `B ";
Thence, N 61°
29'
13" W, 345.48 feet (L30);
Thence, N 14°
20'
58" E, 72.41 feet (L31);
Thence, N 42°
04'
00" W, 177.49 feet (L32);
Thence, N 20°
27'
38" W, 60.01 feet (L33);
Thence, N 14°
10'
31" E, 175.23 feet (L34);
Thence, N 590
25'
22" W, 102.49 feet (L36);
Thence, S 32°
59'
18" W, 100.44 feet (L38);
Thence, S 16°
33'
59" W, 203.04 feet (1:39);
Thence, S 19°
24'
15" E, 207.10 feet (L40);
Thence, 'S 4° 56' 09" E, 95.46 feet (L41);
Thence, S 63°
07'
01" W, 1 17.43 feet (L42);
Thence, N 87°
39'
03" W, 168.62 feet (L43);
Thence, N 63°
13'
54" W, 184.86 feet (L44);
Page 2 of 3
F: \proj\2004 \041038 \Survey\Design\Master Drawings\Legal Descriptions \Conservation Easement.doc
•
•
Thence, N 36° 24'
42" W, 245.80 feet (L45);
Thence, N 1° 22' 48" W, 257.73 feet (L46);
Thence, S 38° 59'
56" W, 355.67 feet (L17);
Thence, S 25° 11'
37" E, 120.11 feet (L47);
Thence, N 71° 24'
25" E, 77.80 feet (L48);
Thence, S 61° 36'
16" E, 249.22 feet (L49);
Thence, S 52° 55'
36" E, 129.19 feet (L50);
Thence, S 45° 46'
17" W, 339.38 feet (L51);
Thence, S 17° 35'
28" E, 56.77 feet (L1 1);
Thence, N 35° 26'
.45" E, 32.25 feet (L10);
Thence, N 40° 41'
02" E, 100.79 feet (L9);
Thence, N 48° 30'
54" E, 138.70 feet (L8);
Thence, S 62° 57'
48" E, 15.44 feet (L52);
Thence, N48° 11'
50" E, 107.15 feet (L53);
Thence, N 89° 58'
15" E, 214.75 feet (L54);
Thence, N 82° 49'
22" E, 205.14 feet (L55);
Thence, S 78° 55'
38" E, 201.05 feet (1,56);
Thence, S 58° 54'
26" E, 81.23 feet (L57);
Thence, N 60°27'
37" E, 152.17 feet (LI), to the Point of Beginning -at said Point `B';
"Land Area B" contains 5.96 acres, and the resultant net land area of the herein above described
parcel of land contains 16.97 acres.
Bearings shown hereon are based upon the World Geodetic System of 1984 (WGS84) reference
frame as determined from GPS observations obtained in November 2004, and constrained to
California State Plane Coordinate System, Zone 5, at the, above referenced geodetic control
monument, to convert the herein above grid bearings to geodetic bearings rotate counter-
clockwise 10 32' 26.26 ", and to obtain ground level distances multiply the herein above
described grid distances by 1.000037396.
End Description
Prepared by:
Date:
Dail S..Hutchin§dn, LS 5139 license renewal 6/30/07)
V
° 110.5139 = •
Page 3 of 3
F: VToj\2004\041038 \Survey\Design\Master DrawingsUgal Descripbons\Conservation Easement.doc
Exhibit B'
Map of Property
[See Attached]
-24-
•
LINE TABLE
LINE ,
BEARING
LEN
L1
3
152.17
L2
L46
203.21
L3
1
45.05'
L4
L48
64.61
LS
3
66.86
L8
0
55 42
L7
L51
533:39
L6
'30'
138.70
L9
L53
100.79
L10
S592V22E
3225
L11
L55
56.77
L12
9'4 '
213.35
L13
L57
168.43
L14
I NIO!56'58*W
194.77
L15
L59
166.35
L16
LBO
158.90
L17
L61
355.67
L18
ME
L19
S201153rE
96.32
L20
154.71
L21
161.69
122
357.78
L23
490.48
L24
x
156.92
L25
248.64
L26
.2209
127
215.53
I/
POINT
i
LINE, TABLE
LINE.
BEARING
LENGTH
L28
L45
224.23
L29
L46
25.26
L30
1
345.48
L31
L48
72.41
L32
L49
177.49
L33
0
60.01
L34
L51
175.23
L35
L52
261.19
L36
L53
102.49
1.37
S592V22E
126.80
L38
L55
100.44
L39
L56
203.04
L40
L57
207.10
L41
L58
95.46
L42
L59
117.43
L43
LBO
168.62
L44
L61
184.86
AREA A
6,222 SQ. F
0.14 ACRES
Allk
LINE TABLE
LI
BEARING
LENGTH
L45
AREA 4
245.80
L46
NET AREA
257.73
L47
120.11
L48
77.80
L49
' 6
249.22.
L50
S5
129.19
L51
339.38
L52
6
15.44
L53
107.15
L54
214.75
L55
205.14
L56
201.05
L57
I
81.23
L58
11249
L59
53.60
LBO
107.82
L61
59.52
LOT 17 \ %%
A M3 33 \o.
STING EASEMENT :O
EXISTING
PER 1999 - 063208 \yy�
POINT 'C' `
REA 3
S-201 \�
G� _-
�4:Ir4rly�. AREA B
AAIL5-5 259,418 SQ.
AREA 2 5 98 ACRE
L54 r
V ARC • 4
L12 1.52 �
L11 L70
GROSS AREA
1.004,853 SO. FT.
23.07 ACRES
AREA 1
AREA 2
5.79 ACRES
4.76 ACRES
LOT 4 9
AREA 3
278 ACRES
AREA 4
3.64 ACRES
e�-
A M 3 L7 3
NET AREA
16.97 ACRES
RIGHT -OF -WAY
os
OSV444j,
.\
Ro
140
L26
4-1.29 /
/ POINT *W
` �q
I1 "
/
-m au
IPOINT OF COMMENCEMENT IS A PIN IN
f CONCRETE IN MONUMENT WELL AT THE
/ CENTERLINE INTERSECTION OF LOS
!� OSOS VALLEY ROAD AND DIABLO ROAD,
BEING POINT #8217 OF THE CITY OF
SAN LUIS OBISPO PRIMARY HORIZONTAL
f CONTROL NETWORK, AND HAVING
/J PUBLISHED VALUES LISTED BY THE aTY
OF SAN LUIS OBISPO PUBLIC WORKS
DEPARTMENT, ENGINEERING DIVISION.
EXHIBIT B - CONSERVATION EASEMENT
IAI f OCIATiS
iee�ei�ee raiiarwnuiouxm -.lm m MADONNA ENTERPRISES
rL•■eiee nunsm.olnvKmYa .nm� _
.x.art ana +ww a w. �. s u.aic
eeees�ee• m.Yecca �.q U ux xedq ,xmcrxq -
""° 'a -a °''K 06 cw[r
V T' uor DRAWN BY: TR /JW CHECKED BY: DSH DATE
s oranu�o .a T m - - - momae.
,
Exhibit C
Mitigation Plan
[See Attached]
-26-
r 0
WETLAND RESTORATION
AND MITIGATION PLAN
RELATING TO
THE FROOM RANCH/HOME DEPOT PROJECT
SAN LUIS OBISPO COUNTY, CALIFORNIA
Prepared for:
MADONNA CONSTRUCTION COMPANY
P.O. Box 3910
San Luis Obispo, California 93403
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulatory Consultants
4340 Almaden Expwy., Suite 111
San Jose, California 95118
Phone: (408) 448 -2322 - FAX (408) 448 -2010
Contact: Jeff Olberding
JUNE 10, 2002
-27-
TABLE OF CONTENTS
I. WETLAND CREATION PROJECT DESCRIPTION ........................... 1
A. Location of Home Depot Project ....... ............................... 1
B. Brief Summary of Overall Project ...... ............................... 1
C. Responsible Parties ................. ............................... 4
D. Jurisdictional Areas Summary ......... ............................... 4
E. Habitat Types and Functions of the Jurisdictional Areas Impacted ............ 5
II. GOAL OF RESTORATION AND CREATION PLAN .......................... 6
III. FINAL SUCCESS CRITERIA .............. ............................... 7
A. Overall Mitigation Objectives ......... ............................... 7
B. Conditions Proposed for the Site that Will Insure Success .................. 7
C. Quantitative Mitigation Success Criteria . ............................... 8
D. Attainment of Hydrological Regime .... ............................... 9
E. Target Acreage to be Created and Deed Restrictions ...................... 9
IV. PROPOSED WETLAND CREATION SITE ... ............................... 9
A. Location and Size of Mitigation Area ... ............................... 9
B. Ownership Status ................... ............................... 9
C. Functions of the Proposed Mitigation Habitat ............................ 9
D. Present and Proposed Uses of Area .... ............................... 11
E. Present and Proposed Uses of All Adjacent Areas ....................... 11
F. Time Lapse ....................... ............................... 11
V. IMPLEMENTATION PLAN ............... ...............................
1 l
_ A.
Rationale for Expecting Implementation Success ........................
I 1
B.
Responsible Parties ................ ...............................
12
C.
Site Preparation ................... ...............................
12
_ D.
Planting Plan ..................... ...............................
13
E.
Erosion Control ..................... .............................13
F.
Schedule ........................... .............................14
- G.
Irrigation ........................... .............................14
H.
As -Built Drawings ................... .............................14
I.
Conservation Easement ............. ...............................
14
VI. MAINTENANCE DURING MONITORING PERIOD .........................
15
A.
Maintenance Activities ............. ...............................
15
B.
Responsible Parties ................ ...............................
16
C.
Schedule ............................ .............................16
D.
Long -Term Maintenance .............. .............................17
M
VII. MONITORING PLAN ...................... .............................17
21
A.
Performance Criteria ................. .............................17
21
B.
Monitoring Methods ................. .............................18
C.
Data Analysis ....................... .............................20
A.
D.
Annual Reports ..................... .............................20
B.
E.
Schedule ........................... .............................21
C.
VIII. COMPLETION OF WETLAND MITIGATION ..............................
21
A.
Notification of Completion .......... ...............................
21
B.
Corps Confirmation .................. .............................22
IX. CONTINGENCY MEASURES ............ ...............................
22
A.
Initiating Procedures ............... ...............................
22
B.
Statement of Financial Commitment ... ...............................
22
C.
Responsible Parties ................ ...............................
22
TABLES
1.
Jurisdictional Impact Acreage ......... ...............................
2
2.
Functions Associated with Proposed Mitigation .........................
10
3.
Maintenance Schedule ................ .............................16
4.
Wetland Creation Site Percent Cover Performance Criteria ................
18
5.
Plant Vigor and Health ................ .............................19
This report should be cited as: Olberding Environmental, Inc. Wetland Restoration and Mitigation Plan Relating to the Froom
Ranch /Home Depot Project, San Luis Obispo County, California. June 10, 2002.23 pp. plus attachments. Prepared for
Madonna Construction Company, San Luis Obispo, CA.
N
-29-
—
LIST OF ATTACHMENTS
1 Attachment No. 1
FIGURES
Figure 1. Regional Map
_
Figure 2. Vicinity Map
Figure 3. USGS Quadrangle Map
_
Figure 4. Aerial Photograph of the Home Depot Site
Figure 5. Aerial Photograph of Boysen Ranch
Figure 6. Boysen Ranch Wetland Mitigation Area Map
_
Figure 7. Wetland Creation Site Typical Cross - Section
Figure 8. Restoration Area Site Map
Figure 9. Existing Boysen Ranch Mitigation Site
Attachment No. 2
Corps of Engineers Permit (File No. 985007300 -TW)
Attachment No. 3
Conservation Easement .Deed
— Attachment No. 4
Approved Wetland Delineation Map for the Froom Ranch/Home Depot
Site
— Attachment No. 5
Prevalent Wetland Species Found within Impacted Vegetated Wetlands
Attachment No. 6
Example of a Modified Corps of Engineers Jurisdictional Data Sheet
Attachment No. 7
Example Monitoring Data Sheet for Overall Plant Species Abundance and
Distribution
Attachment No. 8
Example Monitoring Data Sheet for Evaluation of Wetland Creation
_
Success
Attachment No. 9
Wetlands Mitigation and Restoration Plan Tasks
iv
-30-
I. WETLAND CREATION PROJECT DESCRIPTION
The purpose of this Wetland Mitigation Plan is to restore areas allegedly impacted by prior
construction activities and to create new and substantial off -site wetland areas as part of a settlement
of alleged violations of Section 404 of the Clean Water Act relating to the Froom Ranch/Home
Depot Project in San Luis Obispo, California. These new wetlands would be created if and when
such a settlement takes place. The plan would be implemented in accordance with the provisions
contained herein and the consent decree.
A. Location of Home Depot Project
The Froom Ranch/Home Depot Project is located on approximately 22.4 acres of land located on
_ the west side of Los Osos Valley Road, between Madonna Road and Highway 101, adjacent to the
City of San Luis Obispo corporate boundary, in San Luis Obispo County, California. The Home
Depot Project site is situated within the Froom Ranch Property and is bordered by Los Osos Valley
Road to the northeast, the old Froom Ranch home site to the south, and Irish Hills to the west.
Attachment 1, Figure 1 depicts the regional location of the Home Depot Project along the central
coast of California. Attachment 1, Figure 2 identifies the vicinity of the Home Depot Project in.
relationship to the community of San Luis Obispo. Attachment 1, Figure 3 identifies the location of
the Home Depot Project and the Boysen Ranch wetland creation site on the USGS 7.5 Quadrangle
Map for San Luis Obispo. An aerial photograph (Attachment 1, Figure 4) illustrates the areas
— affected by the Home Depot Project.
New wetland areas will be created on Boysen Ranch (Attachment 1, Figure 5), a property owned by
Madonna Construction Company (Madonna), located approximately 2 miles from the Home Depot
Project site. Certain wetland areas on the Froom Ranch and Boysen Ranch will also be restored.
Boysen Ranch is the property on which Madonna agreed to create 4.7 acres of new habitat as part
of the mitigation requirement for the originally permitted Home Depot development project (Corps
File Number 985007300 -TW). A copy ofthis permit is included as Attachment 2. The proposed area
to be utilized in the creation of proposed mitigation is depicted in Attachment 1, Figures 6 and 7.
B. Brief Summary of Overall Project
The Home Depot Project involved the construction of a 130,000 square -foot store with associated
driveways and parking lots. The development project is built on a portion of Froom Ranch that,
since 1850, has been used as farmland and pasture for cattle grazing. The development project was
designated by the City of San Luis Obispo as a commercial expansion area in 1994 and by the
County as a commercial retail space area in 1996. It was formally annexed by the City in May 2001.
Madonna obtained a Nationwide Permit No. 26 Headwaters and Isolated Waters Discharges (File
No. 985007300 -TW), which authorized permanent and temporary impacts to approximately 2.93
acres of regulated waters (2.88 acres of permanent impacts and 0.05 acres of temporary impacts).
The development project included the placement of fill material (earth fill) into regulated waters to
raise the elevation of existing topography at the project site. Construction of the development project
required grading and the placement of fill material on portions of the 22.4 -acre site. Construction
activities have included building the Home Depot facility and parking area on the large parcel (Parcel
1
-31-
2) which is set back from Los Osos Valley Road. Access to the site has been provided by
constructing one of three access roads to Los Osos Valley Road across Parcels 3 & 4. The historic
drainage swale has been relocated around the development pad, and the stormwater settling basin
and drainage channel excavated.
The original project included the following mitigation measures to offset permanent and temporary
impacts to 2.93 acres of drainage swale, roadside ditch and seasonal wetland habitat: 1) creation of
two new off -site mitigation areas (4.7acres) on uplands, adjacent to an existing drainage channel and
seasonal wetland habitat; 2) creation of drainage swale and seasonal wetland habitat (0.75 acres) on
the western and southem. boundary of the Project site; and 3) restoration of 0.05 acres of drainage
swale habitat on -site. Total mitigation amounted to 5.5 acres.
On November 17, 2000, Madonna began grading and fill work for the development project. The
Boysen Ranch mitigation site work was also performed during this time frame, prior to December
20, 2000.
In a letter dated March 14, 2001, the Corps suspended NWP 26 verification for the Project because
of alleged violations of the permit's terns and conditions. The alleged violations where associated
with grading, excavation and placement of fill into non - permitted jurisdictional wetlands associated
with development activities. The Corps claims that during project construction an additional 2.81
acres of jurisdictional seasonal wetland habitat was allegedly filled on Froom Ranch and the site of
— the Home Depot Project. Table I describes the permitted and non - permitted acreage identified by
the Corps for each alleged violation.
TABLE 1: Jurisdictional Impact Acreage
Jurisdictional Type
Permitted Impacts
Alleged Non- Permitted
(acres)
Impacts
(acres
Permitted Seasonal Wetlands
2.59
0
Permitted Seasonal Drainage
0.25
0
Swale
Permitted Roadside Ditch
0.09
0
Seasonal Drainage Swale (Stock
Pile)
0
0.26
LOUR Roadside Ditch
0
0.03
Excavation
LOVR Roadside Ditch Berm
0
0.02
Seasonal Wetland (Detention
0
0.36
Basin Channel Excavation)
2
-32-
•
•
Jurisdictional Type
Permitted Impacts
Alleged Non- Permitted
(acres)
Impacts
(acres)
Seasonal Wetland (Detention
0
1.80
Basin Berm)
Seasonal Wetland (Boysen
0
0.34
Ranch Berm)
Total
2.93
2.81
Mitigation Activities
In order to resolve the alleged violations, Madonna proposes to create a total of 10.2 acres of new
jurisdictional seasonal wetland habitat on the Boysen Ranch site. This figure includes the creation
of an additional 10.2 acres of wetlands adjacent to, or in the immediate vicinity of, the 4.7 acres of
mitigation habitat associated with the Home Depot Project. The two mitigation locations will adjoin
each other. Combining the two mitigation sites will also require that the originally prepared
mitigation plan be incorporated into one comprehensive document (this "Wetland Mitigation Plan")
for ease in implementation and monitoring. This plan will supersede the "Revised
Mitigation/Monitoring Plan" prepared for the Eagle Hardware Site dated August 1999. The total
mitigation package of 14.9 acres is being proposed to compensate for 2.93 acres of wetland impacts
associated with the originally permitted project and approximately 2.81 acres of assumed wetland
fill associated with the alleged violation. The proposed 10.2 acres of created wetland and existing
4.7 acres of habitat would be fenced and a permanent conservation easement placed on the entire site
further enhancing the functions of those wetland areas being created.
The Corps is currently listed as "Grantee" of the conservation easement which was placed on the 4.7
acres. This Plan assumes that the Corps would be replaced as "Grantee" by the California
Department of Fish and Game, a non -profit organization or a third party approved by the Corps. The
conservation easement would be revised to include the additional 10.2 acres of wetland for a total
of 14.9 acres. A copy of the existing Conservation Easement Deed to be revised is included as
Attachment 3.
Restoration Activities
In addition to creating mitigation wetland habitat at Boysen Ranch, Madonna will also restore several
— sites where the alleged violations took place. Areas to be restored at Froom Ranch include the 0.26
acre stock pile location; and the 0.36 acre excavated ditch leading from the constructed detention
basin. In addition, the entire southwestern channel beginningbehind (i.e., south of) the new building
and wrapping around the west side of the project on Froom Ranch will be filled. All surface water
will be directed to the remaining southwestern channel, which leads to the detention basin. The area
to be restored at Boysen Ranch includes the 0.34 acre berm. It is the intent of Madonna to restore
the original topography of these areas to pre- impact conditions through minor grading activities.
Once the areas are graded to pre- impact conditions, the areas would be allowed to restore naturally.
The berm surrounding the constructed detention basin at Boysen Ranch will also be redesigned to
-33-
9
E
include several notches to allow higher flows to sheet flow out of the basin rather than discharge
through a single channel (see Attachment 1, Figure 8).
C. Responsible Parties
The applicant for this project is:
Madonna Construction Company
P.O. Box 3910
_ San Luis Obispo, California 93403
Telephone: (805) 543 -0300
Fax: (805) 543-4204
Contact: Alex Madonna
This wetland creation plan is being prepared by:
Olberding Environmental, Inc.
Wetlands Regulatory Consultants'
4340 Almaden Expressway, Suite 111
San Jose, California 95118
Telephone: (408) 448 -2322
Fax: (408) 448-2010
Contact: Mr. Jeff Olberding
D. Jurisdictional Area Summary
At the request of Madonna, Olberding Environmental conducted an investigation as to the presence
and geographic extent of possible wetland areas and/or other types of waters of the United States
potentially subject to Corps of Engineers regulation under the Clean Water Act within the project
boundary of the Home Depot Project site. Olberding Environmental completed on -site jurisdictional
delineations on October 28 and November 18, 1998. A third delineation was jointly conducted by
the Corps, Environmental Protection Agency and Natural Resource Conservation Service on June
17, 1999. On June 17, 1999, the NRCS verified the final delineation map for the property
(Attachment 4). Finally, field work for a fourth delineation was conducted by Olberding
Environmental on March 7 and June 8, 2001 for the section of Froom Ranch south of the existing
ranch entrance road (in the vicinity of the stormwater settling basin). This delineation was performed
in association with the Los Osos Valley Road Widening Project and in preparation ofa site visitwith
the Environmental Protection Agency (EPA) concerning the alleged violations. The existing
landforms as well as associated vegetation, hydrology, and soil conditions were studied to identify
areas that would likely contain wetland/waters and aquatic habitats at the site. The 1987 "Corps
Wetlands Delineation Manual' (1987 Manual) was also used to determine the extent of wetlands at
- the study sites.
On July 18, 2001, EPA conducted a field inspection of jurisdictional wetlands located within the Los
Osos Valley Road Widening Project area, including those areas where the alleged violations had
occurred on Froom Ranch. A second field visit was conducted by EPA on August 1, 2001 to evaluate
4
-34-
Exhibit D
Title Report
[See Attached]
-35=
q U ESTA
ILE
COMPANY
PRELIMINARY REPORT
Cuesta ride Company hereby reports that it is prepared to issue, or cause to be
issued, as of the date hereof, a Policy or Policies of Title Insurance of Stewart Title
Guarantee Company describing the land and the estate or interest therein hereinafter set
forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions and Stipulations of said
Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set
forth in Exhibit A' attached. Copies of the Policy forms should be read. They are
available from the office which issued this report.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions
set forth in the attached Exhibit A" of this report carefully. The exceptions and
exclusions are meant to provide you with notice of matters which are not covered under
the terms of the We insurance policy and should be carefully considered. It is important to
note that this Preliminary Report is not a written representation as to the condition of title
and may not list all liens, defects and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose
of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.
If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
Authorized Signatory
-36-
q U ESTA
ILE
COMPANY 486 Marsh Street Suite C • San Luis Obispo, CA 93401
(805) 547 -3920 • FAX (805) 547 -3925
PRELIMINARY REPORT
ESCROW OFFICER: Kelly Bennett ORDER NO.: 204753 - A
TITLE OFFICER: Marcus Harmon Amendment
TO: Cuesta Title Company
486 Marsh Street, Suite C
San Luis Obispo, CA 93401
ATTN: Kelly Bennett
SHORT TERM RATE: n/a
PROPERTY ADDRESS:
EFFECTIVE DATE: May 17, 2005, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy - 1990
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Phyllis Madonna, a widow, as to an undivided 1 % Interest and Clinton R. Pearce and
Connie E. Pearce, Trustees of the Clinton and Connie Pierce Revocable Trust dated
September 15, 2003, as to an undivided 99% interest
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED UNINCORPORATED, IN
THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
SG \SG 03107/2005
1
-37-
Order No. 204753 - A
EXHIBIT "ONE"
A parcel of land in the County of San Luis Obispo, State of California, described as
follows: -
Commencing at a 3" x 3" stake marked S 198 set in the most Southerly corner of Lot 49
of the Ranchos Canada de Los Osos and La Laguna, according to map recorded in Book A,
Page 83 of Maps, in the County of San Luis Obispo, State of California and entitled "Map
of the Subdivisions of the Ranchos Canada de Los Oso and La Laguna, San Luis Obispo
County, California, Surveyed by Jas. T. Stratton May 1868 ";
Thence North 26 005' East, 2,019.03 feet along the Easterly line of said Lot 49 and Lot 17
of said Rancho to a 3" x 3" stake S 201 the most Easterly corner of said Lot 17;
Thence North 31 °02' West, 1,628.13 feet along the Northeasterly line of said Lot 17 to a
3" x 3" stake;
Thence South 46 °22' West, 3,190.90 feet across said Lot 17 and Lot 49 to a 3" x 3"
stake set on the Southerly line of said Lot 49;
Thence South 66 °00' East, 2,475.13feet along the Southerly line of said Lot 49 to the
Point of Beginning and being a part of said Lots 17 and 49 of the aforementioned Ranchos.
Excepting therefrom that portion of said land described in the deed to the County of San
Luis Obispo, recorded October 19, 1970 in Book 1589, Page 536 of Official Records and
in Final Order of Condemnation, a certified copy of which recorded April 28, 1983 in Book
2481, Page 714 of Official Records.
Also excepting therefrom 50% of all oil and minerals in and under said land, as reserved by
Raymond E. Boysen and Mabel E. Boysen, Husband and Wife, in deed recorded December
1, 1975 in Book 1865, Page 812 of Official Records.
Assessor's Parcel No: 067 - 061 -054
mum
Order No. 204753 - A
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. General and Special City and /or County taxes, including any assessments collected
with taxes, to be levied which are a lien not yet payable.
Fiscal Year: 2005 -2006
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the revenue and taxation code of the State of
California.
3. An easement for the purpose shown below and rights incidental thereto as set forth in
a document
Grant To: Union Oil Company of California
Purpose: Cathodic pipe protection system, connected to one or more pipe
lines, which system consists of the following: Electrical rectifier
mounted on a pole; buried pipe anode; Metallic conductors
constructed underground between said rectifier, pipelines,
conductors constructed underground between said rectifier. pipe
lines and anode; Insulators and any and all other necessary
fixtures attached to said Cathodic pipe protection system
Recorded: April 22, 1953, Book 706, Page 588, of Official Records.
Affects: Portion of said land
No representation is made as to the present ownership of said easement.
4. An easemen
a document
Grant To:
Purpose:
Recorded:
Affects:
t for the purpose shown below and rights incidental thereto as set forth in
County of San Luis Obispo
Public Highway
September 8, 1958, Book 956, Page 441, of Official Records.
Portion of said land
No representation is made as to the present ownership of said easement.
5. An easemen
a document
Grant To:
Purpose:
Recorded:
Affects:
t for the purpose shown below and rights incidental thereto as set forth in
The Pacific Telephone and Telegraph Company
Public Utilities
July 1, 1963, Book 1248, Page 71, of Official Records.
Portion of said land
No representation is made as to the present ownership of said easement.
3
-39-
i •
ITEMS: (Continued) Order No. 204753 - A
6. Restrictions on the use, by the owners of said land, of the easement area as set out in
the easement document;
Recorded:July 1, 1963 in Book 1248, Page 71 of Official Records
7. The fact that a portion of said land is included within Unit No. 3 of the Streets and
Highways Plan being a part of the Master Plan of the County of San Luis Obispo, as
disclosed by a map filed in Book 1, Page 3 of Maps and in Book 1, Page 10 of Maps,
in the County of San Luis Obispo.
8. A waiver in favor of the State of California of any claim for damages to said land by
reason of the location, construction , landscaping and maintenance of a
highway /freeway contiguous thereto, as contained in the deed from
Recorded: October 19, 1970, Book 1589, Page 563, of Official Records.
Affects: Said land
9. The effect of the following:
An Agreement establishing a Revocable License dated November 12, 1975 by and
Between Raymond E. Boysen and Mabel Boysen and Alex Madonna and Phyllis
Madonna, relating to a Stock Watering Trough, recorded December 1, 1975 in Book
1865, Page 816 of Official Records.
Affects: A portion of Lot 49.
10. An easement for the purpose shown below and rights incidental thereto as set forth in
a document
Grant To: The United States of America
Purpose: Conservation
Recorded: November 29, 1999, Instrument No. 1999- 083208, of Official
Records.
Affects: Portion of said land
No representation is made as to the present ownership of said easement.
11. Covenants, conditions and restrictions as set forth in the document referred to in the
numbered item last above shown.
Restrictions, if any, based on race, color or creed are deleted.
12. Any invalidity or defect in the title of the vestees in the event that the trust referred to
in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the
trustee(s) or in the event there Is a lack of compliance with the terms and provisions of
the trust instrument.
If title is to be insured in the trustee(s) of a trust,(or if their act is to be insured), this
Company will require a copy of the trust instrument creating such trust, and all
amendments thereto, together with a written verification by all present trustees that
the copy is a true and correct copy of the trust, as it may have amended, that it is in
full force and effect and that it has not been revoked or terminated.
-40-
END 0 ittms
-41-
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Description: San Luis Obispo, CA Assessor Map 67.6 Page: 1 of 2 lmi
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EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY I6 -147) EXCLUSIONS
6 addition to the Exceptions in Sdmduh 8, You are not Insured against lose, cola, attome", fan. and
experm resulting from:
i. Gavanmrfml poles pawn, end the exbtenee a vblat 001 of anY Inv a gavamhant reguation. This
includes building and inning ordiro m and Oise lam and roguhtiaa concerning:
• Ind on
• hprovernata on the lend
• Ind division
• awiamenal protection
This "ckmim does nit apPty to violations or the anforcennent of these eattm which appear in the
pubic recede at poky date.
This Occlusion doer not ktdt the zoning covaege dembd in Liam 12 and 13 of Covered Tide Risky.
2. The right to tike the Ind by oondanning it, unless:
• a 01011011 of I I "'rep the right appear in the public records an the Poky Date
• the t*hl happened prior to the Polley Date and is binding on you 8 you bought to land without
knowledge of the Wring
3.Tefe Risks.
• that m created, alcov ed. or egrmd to by you
• that m Imovm m You, but net to to, on the Poly Dg*vom they apparel in der Pchk
records
•
that MA in no loss to you
• that fret effect pea title after the Posey Do • this does not knit the tabor and rrataai ion
eoverep11 in loam 8 of Covered Tab R)du
4. Failure to pay velure for your tide.
5. tads of a right:
• to any Ind auWde the rte spedf¢aly daaorbed and rofarred to in tmm 3 of SdWA A
or
•
in soma, allay,, or waterways that much yaw tad
Th's axdhaion don not Gait du access cavmp in Item 5 of Covered Ttb Risim
SCHEDULE 8
EXCEPTIONS
In addition to the Exefuei ice, You am not hw d against lose, exm, attorneys' fen, and the eximmas
resulting fmm:
1. Any right', hternm, or chine of parties in possession of the land not shorn by the pubic records.
2. Any "Umo me of ism not shown by the pubic record,. This does not Grit the ism coverage in Item
8 of Covered Title Rislu.
3. Any facts about the Ind which a cvaect away would Ross and which we not shown by du pubic
records. This does amt knit the faced mraval coverage in itam 12 of Covered Tide Ricks.
4. Any water rights or dairy a 66 to water in or uhdr the lard. whether or not shovm by the pubis
records.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following natter are expressly excluded from the coverage of this poky and the Company will not
pay Lou or dame, core, atmmsyi fm or mmm which aloe by reason of
1. Id Any law, ord'smnce a govammantal regulation (including butnot limited mbuldng and zoning laws,
ordnaans, or regulations) restricting, regulating, prohbitng or rabtng 10 the occupancy, to, or
anOyment of the land; (a the character, dsnensiom or location of cry irmm, ant now or hereafter
rested on iho land; (IR 11 saparetim in ownership or m lunge in the dnmulon, a area of the lend or
any Pal of which the land is or was a part; or fiv) anvironmentat protection, or the effect of arty
violation of these Imo, ordinances or govemmontai regulations, except to the extant that a notice of
the anfmcrnnt thereof or a nodco of a defect, fin or m unib.ance resulting from a viofatim or alleged
violation affecting the lend has been recorded in the pubic records at Data of Poky.
(b) Any Povrmnnal Police power not exchudd by (d above, except to the asnattdut a notice of the
exmite thereof or a notice of a defect, im or enambrance resulting ham a violation at cringed
violation affecting the land has boon recorded in the public records at Dm of Posey,
2. Rghte of amhent domain unless notice of the exarciw thereof has been recorded In the pubic records
at Dam of Poky, but not excluding from coverage my akng which has mind prior to Date of Posey
which would be binding an the rights of a purchaser for value without knawbdge.
3. DAM from, maanbranees, adverse claim, or other matterx
(a) whether or not reoaded in the pubic records at Data of Poky, but created, suffered, amnw or
grad to by the nswd daimng
(b) not known to die Company, not recorded in the pubic armada at Dam of poky, but known m du
hand claimant and not dacbsad in writing to the forrpany by the ihswed dainnt prior to the rate
du hnared clai rant becma an Freund under this poky,
(d resulting in no ion or danage to the Insured edainnt;
(d) attaching or created subsequeot to Oat of Poky; a
(d resulting in lose or danspe which world not hews been anand 6 der imead ,aim m had paid
value for the immd mortgage or for the estate or interest homed by this poky.
4. Unerrfareeabhlity of the far of tH isaed mortgage because of the hAiliity or Mine of the inured at
Oate of Poky, or the iublity or fAn d cry subseq mt owner of the indebtadnw, to mrnply with
the applicable doing bwsines aces of to state in which the Ind is dehamd.
5. hvaidmy a unmfraabiity of the ism of the fmhwed mortgegs. or claim t omt, which aisw out of
the aansectim evidmcd by the Inwred rnOrtaage and is bred upon awry or cry emsmr credit
proteeton a"In Wing law.
G' Any chin, which Brim out of the fy8wxdon vesting in the hand the estate of ihtrm insured by
this Posey or the "nseetim ereetnp du ntaast of too waxed bnda, by reason of the oparadm of
federal badutrptcy, state i s*w1cy or skrn3sr creditor,' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This Poky does not insure against im or damage (and the Conga y will not pay costs, attormeys' few or expensm) which aria by reason of:
PART 1
1. Taxes or menu mts which tee not shown as existing Perri by the records of cry taxing autherity, that
Win taxes or memnmb m real property or by the pubic records. Proceedings by a pubic agency
which may result in taxes Of euesmmm, Or notiroa of such promd'nge, whadta or not shown by
the records of such agency or by the pubic fsmds.
2. Any facts, rhphle, ntreea or ,aim which are not dromm by 1116 Pubic roeordo but which could be
ascertained by an hspeadm of the land or which m y be everted by persons in possession twoof.
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3. Easanmte, Rau or aneunbrancn, or darner thereof. which we rat shown by the pubic records.
4. Discrapaifes, omfica h boundary Enos, shorage n area, maoadmma, or any otnar facts which
e correct survey would disclose, and which m not dhows by the pubic records.
5. (a) Unpetmad coning china; N reservation a axmpti m in Patents or in Asa euthorlAV the
kmmcs tharect (c) water rights, ahirm or tide to water, wine tl w a not tin, m,Its axeeptd um or
Id, lbl, a Icl tee sfiwn by tiro phu6k reOad,.
. 10 1 . 0 0
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10 -17 -92)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following mattm am npressp excluded from the coverage of this potty and to Ctmpeny will not
pay loss or damage, eotte, attomeya' feat or exponca which arse by roan oh
1. (a) Any law, Ordinance a got'ammantd regulation (W dng butnot inited tobuildahg and toning laws,
ordinances, or re0uladonsl as!icti g, regulating, aohbitng or relating Q the
anjoynhent of the 0 °gyp ' es0' se
W4 (a to character, dimlarufans or kcadon of any htprwaram now or haee}ter
erected an the farad; Gag a separation in ownership or a change in the dsnonsbns or area of the land or
any parcel of which the lands or we, a part or fn) onvirwasntal protection, or the affect of any
violation of these tm% ordnancss at govamn al regulations, except to the extort that a nubs of
the ahfaaarrhant thereof or e notice of a defect, kn r tahrrrbraha tau ft tram a violation or alleged
violation affaoting 1118 land has been recorded in be pubic tow at Data lad Policy.
lb) Any governmangl police power not excluded by (d above, -c$P, to tha extent two note of the
ecrdss terool or a notice of a defect, fan or anambrena Halting from a violation or shelled
vio4tah affacdng to land has been rsmerded n the pubic rocrds at Date of Poky.
2 Rights of mdnent detrain unless notice of the exercise thereof has been recorded in the public records
at Dam of Poky, but not excluding from coverage my taking whirl hag aocui prior to Dam of Poky
which would be binding on the rights of a purchaser for value without kn owbdge.
a. Defect, gas, oneumbrances. adverse darns, or otwt rtaters:
W rated, suffered, atsu ned or agreed to by to insured c mnt
(b) not known to the Company, not recorded in to pubic records at Data of Poky, but known to the
reword da(mam and not dixloaed in writing to the CaRanY by to caned d*wt prior to to date
1110 horsed claimant beca me an insured under this poky;
1c) resulting In no loss or damaga to the insured daknnt
(d) attaching or camel subsequent to Dam of Poky (except to the extant tat this potty moss the
priority of the fan of the issued mortgage over any statutory gas for services, Labor or material or to
the extent ksutnce is afforded hewed as to ammuonene ter street irprovarnents under construction
or crmisted at Data of Poky); or
(el resulting in loss or derrnge which would not have been a ntanad N the insured chknent had paid
vain for the homed mortgage.
4. UnentorCuli ty of the In of to hared !a because of the inability or failure of the isued at
Date of Poky, or to habits a Mn of any nbsaquent comer of the hdebtadthsu, to owft with
applicable doing business here of the state in which the land is oyabA
5. kwaidity or unnforaabity of the lion of the inured mortgage, or elakn thereof, which arisen out of
1110 "Reaction ea-tion evidonad by to inured mortgage and is bawd upon, vary or any camsumer credit
pratectah of trod, in londog low.
6. Any statutory Eon for as m, labr, or nutty ia& la the stein of prioft of any gbfttay Ian fr
services, labor or materials over to ien of the isuad tnrtpga) "M from an ieprove taint or work
elated m tiro bond vudhicfi s eantrecmd for and ern+ueThe.d ahfosequhamt to Dm of Parity and knot
financed in whole r kin W by proceeds of tha hdehta I scored by the ncursd msepapa which
at Date of Poky the snared has advanced r is obigeted to adverm
7. Ant' chin, which arsa cut of the oa action crating the interest of 1111, mwtMn hared by this
PAY. by reason of the operation of ledsd bankruptcy. stem nsehraxy, or sinis , adhaa' rote
lava. dart is bated on;
(i to trahseetion aaatkg rho interest of the imad mortgoga bang deemed a fraudulent conveyance
or fraudulent basfer or
W the subordirunim of the interest of fine insured mortgages as a teak of the eppicatien of the
doeene of equitable n6ardnedm; or
Oil the transaction creating the interest of the hued fmxtPW bang danced a preferential transtr
except whom the profrentW transfix teats from the faiure:
(a) to tkndy record the istumat of traafr; r
(b) of such recordation to impart notice to a purd10sr for vales or a judgannt or fen trodhmr.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 110.17 -92) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY 00.17 -92)
EXCLUSIONS FROM COVERAGE
The forowhg mettera era expronly axckhdd from to Coverage of this policy and ho Camparhy won not
Pay ion or damage, ash, attomoys' fees or expense whkh arise by rum of:
f . Id Any law, ordnance or governnantal raguhton lneiuding butnot limed to buMng red mwng laws,
ordinances, or regulations) mvirk ting, regula*, ptahbitng or relating to li the occupancy, use, or
anj(Iytnant of the land, 0 the charac err, dinansbns or'
of any irprovrrint now a haroalmr
erected on the Ind; lil a "Pu'ratirh in ownatip or o change In the dntasions or area of the lend or
any Pace) of which the land h a was a pert; or (H) emimmnW ptoteedo, or to affect of any
violation of thew Ova, adnanas or 00varmlantal fagulatlans, except to the extant that a notice of
the nfereanant thereof r e nods of a defect ion or ncumbrana resulting harp a violation or alleged
violation affecting the land here bee corded in to pubic nerds at Date of Poky.
(b) Any governmental poise Dower not excluded by Id above, except to the extent that a notice of dine
exaol.e thaoof a s notice of a defect, ion at oncurrbrea neulting lean a viostion or alleged
violation sffectn0 the Ind has bore fexxrded in to public retard. at Dab of Policy.
Z. P*19 of arnnrht dornait unlen notice of the oxacse thereof has been recorded in the pubic records
at Dab of Policy. butnot exclydng from covsn0s any taking which has ocamd prior to Date Walley
which would be biding an the rights of o ptrc sew for value witout knowty0a.
I. Defects, ins, onevrrih oars, adverse deice, or oter mattes:
lo) coated, euffred, oasumod or agreed to by the imad clakmnt
@► not mown to to Corhpary, not recorded In the public records at Dab of Poky. but known to the
hared clairnrrt and not disclosed in writing to the Canpany by to insured d3inaet prior to the dab
the insured dentist beerne an insured under his pansy;
Id taahng in no lea a datsge m the it urad dot
(d) Attaching or acted subsequent to Doto of Parity, or
(e) —*g h bu tr drnsge whkdh would not have ben sustained N the ensured claknnt had paid
value for to esta - or interest nnaed by this potty.
Any daub which worse out of the transaction vating in to khaad to at, r ntwest nnred by
&k Peity, by reran of the operation of federal bankruptcy, Mb, bsek exy, or ssrir creditors'
tithe lams. that is bated m:
Ii the trnaattlah ovatng the estate r interest inured by this poky being darned a fraudulent
conveyor- or baudulnt transfer or
(� the transaction aost)ng the enb IN ntm rotund by tis poky haing darned • prafasndd
transfer except where, the prefarantsl trash results from tho isk to
W m finely record the ihatrument of transfer; r
Ile) of such recerdaton to mPart no*$ to a pLnh&W for vale a e iud0on+nt a gn redimr.
The above ALTA Poky fors may be imd to afford spar Sanded Coverage r bftdd Coverage. In addition to the
above Excisions ken Coverage, the Exceptions from Coverage in aStarhdwd Coverage poicy will she include the following
Gerueral Exception:
EXCEPTIONS FROM COVERAGE
This poky does not insure against loss or damage (red the Company whT not pay core, atlomoya' feet or expanse4 which aria by reason of:
Taxer or assehmrnahto which are not shown as exsing ions by the records of my taxing euterity that
WIN taxes or assessments on red prop" or by the public records. Proceedings by a pubic agency
whkdl may result in texas Of essessmenta, a notion of such proceedings, ,Meter or not sham by
the records of such agency or by the pubic record..
Any face, fights, htaab a cla'ats which are not shown by the pubis recede but which could be
now akud by an inspection of the Ind Of by making ihquky of prams in posse sins thereof.
.-
I Emwmts, hers a www6nnces, or dairy thereof, which are not shorn by dw Pubic rec rds.
4. Discrepancies, conflicts in boundary Ines, daUg, in ass, co
anahrrrne, or any our facts which
e conch survey would disclose, end which we not drown by the public roods.
5. (al Unpi ned mhinp dens; (b) rssarvatbm r exceptions in paten or h Ace su hording the
sauence *Wwf Ic) water *01, Chkns Or rte to weber, whether at net to rmu n sonaptd under
Id. @l a 10 we sham by the pubic ram .
- ., .. • •
EXHIBIT A
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6.2 ,98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (1x17.98)
EXCLUSIONS
b adddbrn to the Exception In Schedule B, You are not insured agenst lose, cats, attomlys' fear, and expenses rosuldng from;
1. Gcvffmmn al police power, and the exlstsna of valation of any law or government tap Iaticn. ThB
includes ardnsnces, laws and population conce *g,
L building
b. tonne
a land use
d, it provarmte on land
e, land division
f. efrvForrmw protection
This Exclusion does not apply to vblatiam or the enforcement of these nurtwo If notice of to violation
or onformal appears in the Pubic Records at the Potty Date.
This Exclusion does not Grit the average described it Covered Rink 14,15,16,17 or 24.
2. The WA of Yaw existing structures, or any pat of them, to be constructed in exadmce with
applieeblt building codas. That Enid Isiah does not apply to vioat = of buBdng codes R notice of the
volaton appearo in the Public Records at the Poky Date.
3. The right to take the land by cmdwirng i1, unen:
1, notica of exerccitng the right append it the Public Records at the Pak Date; or
b. the tsknp happened before the Paley Date and Is binding a You R You bought the land without
Knowing of to taking.
4. ffias:
L tut en created, alkvred, or agreed to by You, whether or not titer appear in the Pubic Records;
b. tut are Krim to You at 1M clay Dace, but not te Uy ini n they appear in the Pubic Rood,
at the I* Date;
e. that result it no lose to You; or
d, that fat occrr after the Poiry Date • this dove not brut the coverage deserted in Coveted Risk
7, B.d, 22, 23, 24 or 25.
5. Faire to pry value for Your Tide.
6. lack of a right
n to my lend estate the area tpeu6 * described and referred w in paragraph 3 of Sche" A;
and
b. in IWO, 01101, or waterways tut roach the lend.
This Exeluaon does not fait so coverage dncrbed in Covered Rik I 1 or 1 B.
RESIDENTIAL TITLE INSURANCE POLICY
ONE-TO-FOUR FAMILY RESIDENCE
ENHANCED VERSION (1997)
EXCLUSIONS
In addU to the Exceptions n Stdtedule B, you ere not insured agaiut lea, costs, attom rys' fees, and expentn reaultng Esn:
1. Govemmattel ponce power, and the existence or violation of any law or government repulatlorr. This
ncludes building and toning ordinance: and oko laws end Populations cawing:
L land nue;
b. hprwornmis an the land;
e, land divisims; or
d. enviammerhtsl protection.
This exclusion does not apply to violations or the enfacarnarht of these matters which appear in the public
records at Posey Date.
This exclusion does not Groh the coverage described in Item 12c and d,13 and 18 of Covered Tole W.
2. The right to take the land by cmdetmng R unless:
a. a notice of "ardsoo the right appear: in IN public records an the Pok Date; or
b. the taking happened pre to arse Poky DO and 4 binding an you 0 you bought are lend without
knowing of to taking,
—45—
3. Tide Rake:
e. Met are cutod, allowed, or reread to by you;
b. the! are known to you, but not to us, on the Poky Date • unless sey appeared in the pubBe
records;
C, tut result in no ion to you; or
d. that fist affect your tide after the Pak Dote • fhb don not inn the coverage des rted in Items
3b, 8, 17 and 19 of Covuod Tide RW,
4. F" to pay value for your Edo,
5. txk of a right (a) to any hid outside tro area apee;frxly described and referred to In Item 3 of
Schedule A or (b) it streets, abys, or wa*mp tut touch your Ind.
This exdiuion does not knit the coverage descrW n (term 5 and 121 of to Covered Tide We,
Exhibit E
Map of the major, distinct natural features on the Property
[See Attached]
Wrom
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SEM
1813208
,
OINT "C- j
S�201
EA �A
POINT 2 SO. F S8018 _ 4 .
ACRE
1352.9
�
AREA 1 5.79
ARE�i'2 4J6
Ak A3 7 , 8
AREA 4
E B
POINT "B"
NET AREA 16.97 ACRES
e.
iT —OF—WAY
RIGI
I IM -300 FIXT
f)
GROSS \AREA ;,-
POINT Or COMMENCEMENT N I IS A PIN IN
CONCRETE IN MONUMENT WELL AT ,THE
CENTERLINE INTERSECTION OF LOS
1,004,853 SQ. FT.,
23.017 ACRES
2
SAN LUIS OBISPO PRIMARY HORIZONTAL
RES
RES
R-ES,/'-'/
"NA -i-
RES
P R
NET AREA 16.97 ACRES
e.
iT —OF—WAY
RIGI
I IM -300 FIXT
END OFDOCU
POINT Or COMMENCEMENT N I IS A PIN IN
CONCRETE IN MONUMENT WELL AT ,THE
CENTERLINE INTERSECTION OF LOS
OSOS VALLEY ROAD AND DIABLO ROAD,
BEING POINT #8217 OF THE CITY OF
2
SAN LUIS OBISPO PRIMARY HORIZONTAL
CONTROL NETWORK, AND HAVING
PUBLISHED VALUES LISTED BY THE CITY
OF SAN LUIS OBISPO PUBLIC WORKS
DEPARTMENT, ENGINEERING DIVISION.
jamon
!N_ RNw = W� W. %-ERE.MT
EXHIBIT E— CONSERVATION
EASEMENT WITH TOPOGRAPHY
O ASSOCIATES
I A
MADONNA ENTERPRISES
DRAWN BY: TR/JW
I CHECKED BY: DSH
I DATE: 06/21/05
-1. cA cw noua nmiv =_
END OFDOCU