HomeMy WebLinkAboutD-1654 10180 Los Osos Valley Road - APN 067-091-011 Recorded 06/22/20051
JULIE RODEIWAL PAM
San Luis Obispo Coun Ierk/Recorder 6/22/2005
Recorded at the request of 4:59 PM
Public j
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401 -3249
i
D O C # : 2005050866 Titles: 1 Pages: 23
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
OPEN SPACE AND AGRICULTURAL
CONSERVATION EASEMENT AGREEMENT
(NO RECORDING FEE -- EXEMPT)
This Open Space and Agricultural Conservation Easement Agreement, is made
and entered into this 21 st day of June, 2005, by and between CONGREGATION BETH
DAVID of SAN LUIS OBISPO, a non - profit religious institution, hereinafter called
"Owner ", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City ".
WITNESSETH
WHEREAS, Owner owns certain property (the "Subject Property ") situated
within the County of San Luis Obispo (the "County "), as described in Exhibit "A ",
attached hereto and incorporated herein, commonly known as 10180 Los Osos Valley
Road, San Luis Obispo (Assessors Parcel Number: 067 - 091 -011), and
'-D -I LP�4
•
WHEREAS, the Subject Property has certain agricultural resources, natural scenic
beauty and existing openness, and
WHEREAS, an offer of dedication of an open space and agricultural conservation
easement in a portion of the Subject Property was required pursuant to Condition of
Approval No. 5 of County Planning Commission Resolution No. 2004 -081 approving
Conditional Use Permit No. D020076D, which authorized development of an 18,210
square foot temple facility on the Subject Property, and
WHEREAS, both Owner and City desire to preserve and conserve for the public
benefit the natural scenic beauty and existing openness, natural condition and agricultural
use of the Subject Property, and
WHEREAS, the Owner has offered to dedicate this open space and agricultural
conservation easement to preserve the site's beauty and existing openness by restricting
Owner's use of and activities on the Subject Property through the imposition of a
perpetual open space and agricultural conservation easement with the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, and in further
consideration of the mutual promises, covenants and the conditions herein contained, the
parties agree as follows:
Owner hereby grants to City, an open space and' agricultural conservation
easement (the "Easement ") over the portion of the Subject Property (the
"Easement Area ") described in Exhibit `B" attached hereto and incorporated
herein and depicted in Exhibit "C" attached hereto and incorporated herein.
Said grant of an open space and agricultural conservation easement conveys to
City, an estate and interest in the Subject Property. The purpose of the open
space and agricultural conservation easement is to allow continuation of prior
historical agricultural activities on the property, including grazing and
cultivation, and to otherwise restrict the use of the Subject Property as
hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. The construction or placement of any building or other structure is
prohibited in the Easement Area, except structures and improvements to
be used solely for agricultural production on the Subject Property,
including equipment sheds, irrigation systems, fencing, and improvements
for agricultural production purposes and the sale of farm products
predominately grown or raised on the Subject Property. All such
structures and improvements, individually and combined, must be
consistent with the provisions of this open space and agricultural
conservation easement and Public Resources Code § 10262. Any such
structures proposed to be built or placed within the Easement Area shall be
subject to the reasonable prior review and approval of the City.
b. No residential dwellings may be constructed or placed in the Easement
Area.
c. No signs, billboards, or similar structures or devices or advertising of any
kind or nature may be .located on or in the Easement Area.
d. No extraction of surface or subsurface natural resources (except water
resources) may be allowed in the Easement Area.
3. The Easement Area may be used for wetland and biological resource
mitigation banking. As used herein, mitigation banking means the restoration,
creation, enchantment and/or preservation of wetlands and /or biological
resources, for the purpose of providing compensation mitigation as a result of
impacts to similar resources.
4. Owner shall retain and reserve all water rights of any kind or nature on the
Subject Property, including the Easement Area.
5. The Subject Property may be subdivided, subject to obtaining all necessary
permits and approvals; however, notwithstanding any such subdivision, the
Easement Area shall not be reduced in size.
6. This Agreement shall remain in effect in perpetuity.
7. The terms and conditions contained herein shall be binding oil the parties
hereto and their heirs, successors and assigns.
8. Owner retains the right to perform any act on the Subject Property, including
the Easement Area, not specifically prohibited or limited by this Agreement.
... I 1 •
These ownership rights include, but are not limited to, the right to exclude any
member of the public from trespassing and the right to sell, lease, or otherwise
transfer the Subject Property, including the Easement Area, to anyone they
choose.
9. Other than as specified herein, this Agreement is not intended to impose any
legal or other responsibility on the City, or in any way to affect any existing
obligation of the Owner as owner of the Subject Property including the
Easement Area. Among other things, this shall apply to:
(a) Taxes -- The Owner shall be solely responsible for payment of all
taxes and assessments levied against the Subject Property including the
Easement Area. If the City ever pays any taxes or assessments on the
Subject Property or the Easement Area, or if the City pays levies on
Owner's interest in order to protect City's interests in the Subject Property
or the Easement Area, the Owner will reimburse the City for the same.
(b) Upkeep and Maintenance -- The Owner shall be solely responsible for
the upkeep and maintenance of the Subject Property including the
Easement Area, to the extent. it may be required by law. The City shall
have no obligation for the upkeep or maintenance of the Subject Property
or the Easement Area.
(c) Liability and Indemnification — In view of City's negative rights,
limited access to the land, and lack of active involvement in the day -to-
day management activities on the Subject Property or the Easement Area,
Owner shall. indemnify, protect, defend and hold the City, their officers,
directors, members, employees, contractors, legal representatives, agents,
successors and assigns harmless from and against all liabilities costs,
losses, orders, liens, penalties, damages, expenses, or causes of action,
claims, demands, or judgments, including without limitation reasonable
attorney's fees, arising from or in any way connected with injury or the
death of any person, or physical damage to any property, or any other
costs or liabilities resulting from any act, omission, condition, or other
matter related to or occurring on or about the Subject Property, including
the Easement Area, regardless of cause, unless due to the negligence or
willful misconduct of City. City shall be named additional insured on
Owner's general liability insurance policy.
10. The City shall manage its responsibilities for the Easement, including, but not
limited to, annual monitoring, such additional monitoring as circumstances
may require, record keeping, and enforcement, for the purposes of preserving
the agricultural productive capacity and open space character of the Easement
Area in perpetuity. The City shall maintain a record of annual monitoring,
describing the method of monitoring, condition of the Easement Area, stating
whether any violations were found during the period, describing any
corrective actions taken, and the resolution of any violation.
11. The City shall have the right to prevent and correct violations of the terms of
this Agreement. With reasonable advance notice to the Owner, the City may
enter the Easement Area for the purpose of inspecting for violations. If the
City finds what it believes is a violation, it may at its discretion take
appropriate legal action. Except when an ongoing or imminent violation
could irreversibly diminish or impair the open space character and agricultural
productivity of the Easement Area, the City shall give the Owner written
notice of the violation and thirty (30) days to correct it, before filing any legal
action. If a court with jurisdiction determines that a violation may exist or has
occurred, the City may obtain an injunction to stop it, temporarily or
permanently. A court may also issue an injunction requiring the Owner to
restore the Easement Area to its condition prior to the violation. In any case
where a court finds that a violation has occurred, the Owner shall reimburse
the City for all its expenses incurred in stopping and correcting the violation,
including but not limited to reasonable attorney's fees. The failure of the City
0 0
to discover a violation or to take immediate legal action shall not bar it from
doin g so at a later time. Without limiting Owner s liability therefore, the City
shall apply damages recovered to the cost of undertaking any corrective action
on the Easement Area. Should the restoration of lost values be impossible or
impractical for whatever reason, the City shall apply any and all damages
recovered to furthering the City's mission, with primary emphasis on
agricultural easement acquisition and enforcement..
12. If the City should desire to transfer the Easement created by this Agreement to
another qualified party, the City must first obtain written permission from the
Owner, which permission shall not be unreasonably withheld. The request
shall state the name of the qualified party to which the transfer is proposed,
the reasons therefore, and such other information as the Owner may request.
If written consent is given for the proposed transfer, the City may transfer the
Easement created by this Agreement to: 1) a private nonprofit organization
that, at the time of transfer, is a "qualified organization" under Section 170(h)
of the U.S. Internal Revenue Code and under Section 815.3(a) of the Civil
Code of California and has similar purposes to preserve open space and prime
irreplaceable farmland, as well as agreeing to assume the responsibilities
imposed by this Agreement; 2) if no such private nonprofit organization is
willing to assume the responsibilities imposed by this Agreement, then the
Easement created by this Agreement may be transferred to any public agency
authorized to hold interests in real property as provided in section 815.3(b) of
the Civil Code of California. Such a transfer may proceed only if the
organization or agency expressly agrees to assume the responsibility imposed
on the City by this Agreement. If the City ever (ceases to exist or no longer
qualifies under Section 170(h) of the U.S. Internal Revenue Code, or
applicable state law, a court with jurisdiction shall, upon consultation with the
California Department of Conservation,. transfer this Easement, pursuant to
the California Public Resources Code Section 10235(b), to another qualified
organization, as defined in Section 81.5.3 of the Civil Code of California, and
having similar purposes that agrees to assume the responsibility imposed by
this Agreement.
13. Any time the Subject Property itself, or the Easement Area, or any interest in
either of them, is transferred by the Owner to any third party, the Owner shall
notify the City in writing at least 30 days prior to such transfer, and the
document of conveyance shall expressly incorporate by reference this
Agreement. Any document conveying a lease of the Subject Property or of
the Easement Area shall expressly incorporate by reference this Agreement.
Failure of the Owner to do so shall not impair the validity of this Easement or
limit its enforceability in any way.
14. This Easement may be amended only with the written consent of the Owner
and City. Any such amendment shall be consistent with the purposes of this
Agreement and with the City's easement amendment policies, and shall
comply with Section 170(h) of the Internal Revenue Code, or any regulations
promulgated in accordance with that section, and with Section 815 et seq. of
the Civil Code of California, or any regulations promulgated thereunder.
I
15. Termination of the Easement shall be governed by Sections 10270 -10277 of
the Public Resources Code of California.
Termination of the easement through condemnation is subject to the
requirements of Section 10261 of the Public Resources Code. If all or any
portion of the Subject Property is acquired by eminent domain, or by purchase
in lieu of eminent domain, the City shall be paid by the condemnor (or
purchaser) the value of the Easement at the time of condemnation (Public
Resources Code Section 10261(a) 2). Should this easement be condemned or
otherwise terminated on any portion of the Easement Area, the balance of the
Subject Property shall remain subject to this Agreement. In this event, all
relevant related documents shall be updated and re- recorded by the City to
reflect the modified Easement Area.
16.
(a) This Agreement shall be interpreted under the laws of California,
resolving any ambiguities and questions of the validity of specific provisions
so as to give maximum effect to its conservation purposes.
(b) References to authorities in this Agreement shall be to the statute, rule,
regulation, ordinance or other legal provision that is in effect at the time this
easement becomes effective.
(c) No provision of this Agreement shall constitute governmental approval of
any improvements, construction or other activities which may be permitted
under this Agreement. The Easement created by this Agreement pursuant to
Civil Code section 815.1 shall run with the land in perpetuity. Every
provision of this Agreement that applies to the Owner or City shall also apply
to their respective agents, heirs, executors, administrators, assigns, and all
other successors as their interests may appear. No merger of title, estate or
interest shall be deemed effected by any previous, contemporaneous, or
subsequent deed, grant, or assignment of an interest or estate in the Subject
Property, or any portion thereof, to City, or its successors or assigns, it being
the express intent of the parties that this Easement not be extinguished by, or
merged into, or any other interest or estate in the Subject Property now or
hereafter held by City or its successors or assigns.
17. Any notices to Owner and City required by this Agreement shall be in writing
and shall be personally delivered or sent by first class mail, to the following
addresses, unless a party has been notified by the other of a change of address:
To Owner:
Congregation Beth David
2932 Augusta Street
San Luis Obispo, CA 93401
To City:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
1.8. The Owner warrants that Owner has no actual knowledge of a release or
threatened release of hazardous substances or wastes on the Subject Property
and hereby promises to defend and indemnify City against all litigation,
claims, demands, penalties and damages, including reasonable attorneys' fees,
arising from or connected with any release of hazardous waste or violation of
federal, state or local environmental laws. Notwithstanding any other
provision herein to the contrary, the parties do not intend this Agreement be
construed such that it creates in or gives the City:
(a) the obligations or liability of an "owner" or "operator" as those
words are defined and used in environmental laws, as defined
below, including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of
1980, as amended (42 USC section 9601 et seq. And hereinafter
"CERCLA ");
(b) the obligations or liability of a person described in 42 USC
section 9607 (a)(3) or (4);
(c) the obligations of a responsible person under any applicable
Environmental Laws, as defined below;
(d) the right to investigate and remediate any Hazardous Materials,
as defined below, associated with the Subject Property; or
(e) any control over Owner's ability to investigate, remove,
remediate, or otherwise clean up any Hazardous Materials
associated with the Subject Property.
r
0
The term "Hazardous Materials" includes, without limitation, (a) material that
is flammable, explosive, or radioactive; (b) petroleum products; and (c)
hazardous materials, hazardous wastes, hazardous or toxic substances, or
related materials defined in the CERCLA (42 USC section 9601 et seq.), the
Hazardous Materials Transportation Act (49 USC section 5101, et seq.), the
Hazardous Waste Control Law (California Health and Safety Code section
25100 et seq.), and in the regulations adopted and publications promulgated
pursuant to them, or any other applicable federal, state, or local laws,
ordinances, rules, or regulations now in effect or enacted after this date. The
term "Environmental Laws" includes, without limitation, any federal, state or
local or administrative agency statute, regulation, rule, ordinance, order or
requirement relating to pollution, protection of human health, the environment
or Hazardous Materials.
19. Owner represents and warrants that Owner has good fee simple title to the
Subject Property, free from any and all liens or encumbrances, except those
set forth in Exhibit "D ", all of which have been subordinated to this Easement,
and hereby promises to defend the same against all claims that may be made
against it. Owner represents and warrants that the Subject Property is not
subject to any other conservation easement whatsoever. Owner may grant
subsequent conservation easements on the Easement Area, provided that such
subsequent easements are for the purpose of wetland, wildlife habitat or
biological resource creation, enhancement or preservation. City shall be
notified in advance, in writing, of any proposed conservation or other
easement on the Subject Property.
20. If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the agreement shall remain in full force and effect and shall in no
way be affected; impaired, or invalidated.
21. As attested by the signature of its Mayor affixed hereto, in exchange for
consideration, the City hereby accepts without reservation the rights and
responsibilities conveyed by this Agreement.
r •
IN WITNESS WHEREOF, the parties hereto have executed this document on the day
and year first written above.
ALL SIGNATURES MUST BE NOTORIZED
OWNER / GRANTOR
CONGREGATION BETH DAVID
OF SAN LUIS OBISPO
By
Robert Turbow, President
CITY OF SAN LUIS OBISPO
By
Dave Romero, Mayor
0 •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss
County of -Son I- C-) S d►--J, S P o
On e C(-)( -ell
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared — KC)
CM UM R. CONU
Cana MIXII f 1646767
N ftM - CaR=ft
L NN�� 6�MM Feb
Name(s) of Signer(s)
❑ personally known to me
X proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that. he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS 1mv hand and official seal.
,r �(� -ets-)
Place Notary Seal Above Signature of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document..
Description of Attached Document
Title or Type of Document: (.)ern S o? c-e. & r`ck
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
r U n S r I ve' 4--1 e -'s tP t1 =w� e -� r P-0 Number of Pages:
❑ Individual
l( Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
'!
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1 -800- 876 -6827
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On June 22, 2005, before me Audrey Hooper, City Clerk, personally appeared Dave Romero,
Mayor, CITY OF SAN LUIS OBISPO, personally known to me ���ro . ea-A m.,.e,r�.
to be the personkwhose name is /are- subscribed to the within
instrument and acknowledged to me that hek&&A4iey executed the same in his /herhhtir
authorized capacity(i�4, and that by his /hrrhtreir signature{von the instrument the person "� or
the entity upon behalf of which the person( acted, executed the instrument.
WITNESS my hand and official seal.
Jerk
EXHIBIT A
Congregation Beth David
APN 067 - 091 -011
10180 Los Osos Valley Road
San Luis Obispo, CA 93405
LEGAL DESCRIPTION
•
Lot 53 of the Subdivisions of the Ranchos Canada de Los Osos and La Laguna in the County of San
Luis Obispo, State of California as designated on the map entitled, "Map of the Subdivisions of the
Ranchos Canada de Los Osos and La Laguna ", filed for record on October 8th, 1869, in Book "A ", at
Page 83 of Maps in the office of the Recorder for said County;
Excepting therefrom the southeasterly 273.73 feet of said Lot 53 as measured at right angles from the
southeasterly boundary of said Lot;
Also excepting that portion of said Lot 53 conveyed to the County of San Luis Obispo by Resolution of
the Board of Supervisors, recorded April 24th, 1950 as filed in Book 561, at Page 573 of Official
Records in the office of the Recorder for said County;
Also excepting that portion of said Lot 53 conveyed to the County of San Luis Obispo by Resolution
No. 70 -508 of the Board of Supervisors, recorded September 18th, 1970 as filed in Book 1584, at Page
254 of Official Records in the office of the Recorder for said County;
Also excepting that portion of said Lot 53 conveyed to the County of San Luis Obispo by Resolution
No. 88 -257 of the Board of Supervisors, recorded June 16th, 1988 as filed in Book 3158, at Page 384 of
Official Records in the office of the Recorder for said County.
The above described parcel of land contains 92 acres.
End Description
•
June 16, 2005
EXHIBIT B
Legal Description
Open Space Easement
•
A portion of Lot 53 of the Ranchos Canada de Los Osos and La Laguna, in the
County of San Luis Obispo, State of California, according to the map thereof
filed in Book A, Page 83 of Maps, in the office of the County Recorder of said
County, being more particularly described as follows:
Commencing at the most Easterly comer of said Lot 53 as evidenced by a 5/8"
rebar with cap stamped "LS 5693" aSr shown on map filed in Book 81, page 77 of
Licensed Surveys; thence North 350 39'51" West, along the Northeast line of
said Lot 53, a distance of 285.56 feet to the most Easterly comer of that certain
parcel of land described in Certificate of Compliance recorded as Document No.
2002091700 of Official Records of said County, and the true point of
beginning; thence continuing along said Northeast line
1. North 350 39' 51" West, 2954.33 feet to a point on the Easterly line of
Foothill Boulevard as shown on last said Map, being a point on a non -
tangent curve concave southeasterly having a radius of 970.00 feet, a
radial line to said curve bears N 460 21'01"W; thence
2. Southwesterly along said Easterly line and said curve through a central
angle of 130 25'05", an arc distance of 227.16 feet; thence
3. South 250 43'28" West, along said Easterly line, 1144.43 feet; thence
leaving said Easterly line
4. South 630 56'26" East, 228.80 feet to the beginning of a tangent curve
concave southwesterly having a radius of 610.91 feet; thence
S. Southeasterly along said curve through a central angle of 501 50'53", an
arc distance of 542.16 feet to the beginning of a tangent reverse curve
having a radius of 244.17 feet; thence
6. Southeasterly along said curve through a central angle of 400 40' 11 ", an
arc distance of 173.32 feet to the beginning of a tangent reverse curve
concave southwesterly having a radius of 535.75 feet; thence
7. Southeasterly along said curve through a central angle of 380 04'41", an
arc distance of 356.05 feet to the beginning of a tangent reverse curve
concave southwesterly having a radius of 423.90 feet; thence
K=698200 Beth DavidW- Surveybpenspace esmt.doc
June M 2005
8. Southeasterly along said curve through a central angle of 480 59' 16 °, an
arc distance of 362.43 feet to the beginning of a non - tangent compound
curve concave northeasterly having a radius of 346.89 feet, a radial line
to said curve bears S15 °23'43 °W; thence
9. Easterly along said curve through a central angle of 230 38'45", an arc
distance of 1.43.16 feet; thence
10. North 870 55' 46" East, 72.34 feet to the beginning of a tangent curve
concave southwesterly having a radius of 100.00 feet; thence
11. Southeasterly along said curve through a central angle of 1070 45'52", an
arc distance of 188.08 feet; thence
12. South 15° 41'38" West, 218.12 feet, more or less; to a point on the
Southerly line of said parcel described in Certificate of Compliance;
thence
13. North 700 52' 59" East, along said Southerly line, 1110.02 feet to the true
point of beginning.
Contains 62.5 acres, more or less.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
The above described parcel is graphically shown
on Exhibit C attached hereto and made a part hereof.
Linda . Richardson, P.L.S. 6904 (exp. 6/2007)
LK. No. 694
►� Eup.
C
K\22682M Beth Davidl4- Surveybpenspace esmt.doc
•
D =13 °25'05" GRAPHIC SCALE-
R=970.00' 400 0 400 800
L= 227.16'
j•
.• �bj� IN FEET
Q 1 inch = 400 ft.
Q
,Q- <1d
° -V
R= 610.91' �.
? =50 050153"
L= 542.16'y��
R= 244.17' '
? =40 °40'11 " �`' ' R= 535.75' .
L= 173.32' ? =38 °04'41
� ��� :� • L= 356.05'
L�� � • • R= 346.89'
? =23 °38'45"
R= 423.90' \� L- 143.16'
Q ? =48 °59'16" R= 100.00' :
L= 362.43'��\ ?= 107 °45'52"
L= 188.08'
\ J / i •,•
CO
O
.
�� �N� N /. •� � �9 „� :1$55 6� � OF WM
OHO � � .�o °5z5 po�N MEN
1415 59 N 3 -��vE MMEN PMpEO
GO p S
L�� pO�N���C �G8 LG� NEF�OF
�-� BLS 5693„ �( MOSS R
L LO
design
professionals
civil engineers • land surveyors • land planners
1998 sante barbers at . san luis obispo, ca 93401
ph: 8051549 -8658 • email: eda®edainc.com
EXHIBIT C
Job. no. 2.2698.200
EXMBET D
Dated as of February 01, 2005 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Standard Loan
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Congregation Beth David of San Luis Obispo, a Non - Profit Corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy fonrn would be as follows:
1. General and special taxes and assessments for the fiscal year 2005 -2006, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 20042005
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$4,699.65, PAID
$0.00
$4,699.65, PAYABLE
$0.00
112 -002
067 - 091 -011
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. Water rights, claims or title to water, whether or not shown by the public records.
5. A waiver of any claims for damages by reason of the location, construction, landscaping or
maintenance of a contiguous freeway, highway or roadway, as contained in the document
recorded September 18, 1970 in Book 1584, Page 254 of Official Records.
Affects: The land and other property.
FirstAmencan Tide
6. A waiver of any claims for damages by reason of the location, construction, landscaping or
maintenance of a contiguous freeway, highway or roadway, as contained in the document
recorded June 16, 1988 in Book 3158, Page 384 of Official Records.
Affects:
The land and other property.
7. The Effect of a Deed dated March 13, 1995, executed by Rosalind Morganti Hansen, a married
woman, as her sole and separate property; Leslie Morganti Menges, a married woman, as her
sole and separate property; Michalyn Morganti Simpson, a married woman, as her sole and
separate property; Marta M. Bachino, a single woman; and Marcus Bachino, a married man, as
his sole and separate property, all as tenants in common to. Morganti Ranches, a California
general partnership, recorded December 7, 1995 as Instrument No. 1995 -056954 of Official
Records.
At the date of recording of the document, the Grantor, Leslie Morganti- Menges, held title
as Leslie Morganti and Grantor, Rosalind Morganti Hansen, held title as Rosalind Marie
Morganti Aka Rosalind M. Hansen.
Affects:
The land and other property.
8. An easement for public utilities and incidental purposes, recorded June 25, 1996 as Instrument
No. 1996 - 031492 of Official Records.
In Favor of: Pacific Gas and Electric Company
Affects: A portion of the land.
9. A public easement for navigation and the incidents of navigation such as boating, fishing,
swimming, hunting and other recreational uses in and under the Laguna Lake and including a
public right of access to the water.
10. A deed of trust to secure an original indebtedness of $500,000.00 recorded December 6,
2001 as Instrument No. 2001094394 of Official Records.
Dated: November 9, 2001
Trustor: Congregation Beth David of San Luis Obispo, a Non - profit
corporation
Trustee: First American Title Company
Beneficiary: Mission Community Bank, N.A.
(Affects Parcel 1)
11. A deed of trust to secure an original indebtedness of $200,000.00 recorded December 6,
2001 as Instrument No. 2001094395 of Official Records.
Dated: November 9, 2001
Trustor: Congregation Beth David of San Luis Obispo, a Non -Profit
corporation
Trustee: First American Title Company
Beneficiary: Mission Community Bank, N.A.
(Affects Parcel 1)
12. Rights of parties in possession.
FirstAmerican Title
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the DEED OF
OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT dated June 21, 2005,
by and between Congregation Beth David, a non - profit religious institution, and the CITY OF
SAN LUIS OBISPO, a municipal corporation, is hereby accepted by the undersigned officer
on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984
Series) recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis
Obispo County, California, and Congregation Beth David hereby consent to recordation
thereof by its duly authorized officer or his agent.
ATTEST:
{+ l Aaeq:io City. Clerk
CITY OF SAN LUIS OBISPO
by 9 _rww
David. F. Romero, Mayor