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Home My WebLink AboutD-1665 Woodland Drive Recorded 09/13/2005• RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 JULIE RODEV&D ` San Luis Obispo nty— Clerk/Recorder Recorded at the request of Public I, O O c# - 2005076825 Titles:, 1 Pages: 7 Fees 0.00 Taxes 0.00 i Others 0.00 PAID $0.00 LO 9!1312005 10:51 AM This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. DEED TO AMEND DEED OF CONSERVATION EASEMENT FROM BOWDEN RANCH PARTNERS, JV TO THE CITY OF SAN LUIS OBISPO FILED FEE PAID EXEMPT 9TCE DEED TO AMEND DEED OF CONSERVATION EASEMENT FROM BOWDEN RANCH PARTNERS, JV TO THE CITY OF SAN LUIS OBISPO This Deed to Amend Conservation Easement dated so W LJ -n 9; j- , 2005 by the City of San Luis Obispo, a chartered municipal corporation of the State of California, having an address at 990 Palm Street, San Luis Obispo, California 93401 ( "Grantor") in favor of BOWDEN RANCH, LP, a California limited partnership having its address at 805 Aerovista Place, Suite 202, San Luis Obispo, California ( "Grantee ") is made with respect to the following: RECITALS WHEREAS, Grantor was conveyed a Conservation Easement by Grantee's predecessors in interest, Bowden Ranch Partners, JV; and WHEREAS, the Conservation Easement was to encumber certain real property owned by Grantee's predecessor in interest, now owned by Grantee; and WHEREAS, the Deed of Conservation Easement conveying the Conservation Easement mistakenly included real property that all parties agree was never intended to be encumbered with that particular Conservation Easement; and WHEREAS, Grantor and Grantee agree that in order to carry out the intentions of the parties it is necessary that Grantor deed to Grantees a release of the encumbrance of the Deed of Conservation Easement so that upon recording of the Deed to Amend Conservation Easement, the real property described herein will be completely released from and no longer encumbered with the Conservation Easement per that certain Deed recorded in favor of Grantor on December 28, 2001 as Document Number 2001101257; and WHEREAS, Grantor and Grantee intend by this Deed to remove certain real property that was mistakenly included in the original Deed of Conservation Easement described hereinbefore; GRANT NOW, THEREFORE, in consideration of the above and in order to release the real property mistakenly included in the Conservation Easement, Grantor hereby voluntarily grants and conveys to Grantee all right, title and interest that Grantor may have by way of that certain Deed of Conservation Easement recorded December 28, 2001 as Document Number 2001101257 with respect to the real property described in 0 • Exhibit "A" and depicted on Exhibit "Al" attached hereto. The property described in Exhibit "A" and depicted on Exhibit "A1" attached hereto shall hereinafter be referred to as the "released property ". The released property shall no longer be encumbered or legally bound by the Deed of Conservation Easement recorded December 28, 2001 as Document Number 2001101257. GRANTOR: ice Mayor, City of San Luis Obispo V Approved as to form: JonhtbaKtowell, City Attorney • STATE OF CALIFORNIA ) )Ss COUNTY OF SAN LUIS OBISPO ) C� On September 9, 2005, before me Audrey Hooper, City Clerk, personally appeared John R. Ewan, Vice Mayor, CITY OF SAN LUIS OBISPO, known to me t to be the person (Vwhose name( is /arc subscribed to the within instrument and acknowledged to me that he /ghefthry executed the same in his/hefAheir authorized capacity(i�, and that by his/hert#mir signature on the instrument the person, or the entity upon behalf of which the person(,( acted, executed the instrument. WITNESS my hand and official seal. S'i ure _ ity Clerl 'd3 (Seal) • • EXHIBIT A LEGAL DESCRIPTION OF RELEASED PROPERTY Parcel 1: All that part of the West half of the Southwest quarter of Section 25, in Township 30 South, Range 1.2 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat thereof, described as follows: Beginning at a point which bears North 68 022' East, 79 feet from the corner common to Section 25, 26, 35 and 36 in said Township and Range, said point being on the Southwest line of Lizzie Street, according to the map of Piedmont Tract, in the City of San Luis Obispo, recorded May 21, 1889 in Book A, Page 146 of Maps, records of said County; thence North 68 022' East across said Street and along the Northwest line of Lot 5 of said Tract, 933.5 feet to the most Northerly comer of said Lot; thence along the Westerly line of Lot 1 of the said Tract, North 45 038' West, 65.5 feet and North 2 025' East, 1226 feet to Stake CA the most Northerly comer of said Lot, said comer being the most Easterly corner of the property conveyed to Kate M. Cox, by deed dated September 29, 1892 and recorded in Book 17, Page 324 of Deeds, Records of the said county; thence along the Easterly and Southeasterly line of the property so conveyed, South 6 1/40 West, 408.5 feet, South 67 1/40 West, 282.5 feet, and South 28 3/40 West, 91.1 feet to the Northeast line of the property conveyed to C. H. Phillips, by deed dated May 18, 1880 and recorded in Book M. Page 253 of Deeds, Records of said County; thence along the line of the property so conveyed, South 61 ° East, 79.9 feet to Stake B.M. No. 6, South 28 1/40 East, 132 feet to Stake B.M. No. 7, and South 60 1/40 West, 994.6 feet to Stake B.M. No.18, and F.D. No. 9 set on the Northeast line of the property conveyed to C. H. Phillips deed dated December 10, 1880 and recorded in Book M, Page 625 of Deeds, Records of said County; thence South 28 1/40 East along said Northeast line, 352 feet to a point on the Northwest line of aforesaid Lizzie Street, distant North 53 038' East, 451 feet from the most Northerly comer of Johnson and Lizzie Street, as said comer existed on January 27, 1887; thence North 53 038' East along the Northwest line of said Lizzie Street, 11 feet to Stake C.6; thence South 36 022' East, 73 feet to the point of the beginning. Except therefrom that portion thereof described in the deed to San Luis Obispo High School District, recorded January 3, 1.949 in Book 458, Page 496 of Official Records, described as follows: Beginning at the most Northerly corner of Lot 1 in Block 4 of RAIN Terrace, according to map filed for records September 14, 1888 in Book A, Page 100 of Maps, in the office of the County Recorder of said County; thence North 36 022' West, 33 feet; thence South 53 038 West, 11.64 feet; thence North 28 057' West (Record bearing North 28 3/40 West) and along the Northeasterly line of the property conveyed to C. H. Phillips, by deed dated September 10, 1880 and recorded in Book M, Page 625 of Deeds, Records of the County, 351.85 feet to a 1 '/2" iron pipe, stake BN No. 8, and F.D. No 9, in the Southeasterly line of the property conveyed to San Luis Obispo High School District by deed dated December 6, 1945 and recorded in Book 392, Page 452 of Official Records of said County; thence along said Southeasterly line, North 60 027' East, 994.62 feet to a 1 '/2" iron pipe; thence South 25 002' East, 221.56 feet to a 1 %z' iron pipe; thence South 62 034' West, 929.79 feet to a 1 '/2' iron pipe; thence South 28 057' East, 192.8 feet; thence South 53 °38' West, 34.49 feet to the point of beginning. Also except therefrom that portion thereof lying within the lines of that certain street, described in Paragraph 1 of Judgment and Decree recorded September 4, 1957 in Book 906, Page 262 of Official Records, and in Paragraph 1 of Judgment Nunc Pro Tunc, recorded September 19, 1957 in Book 908 Page 365 of Official Records. Also except therefrom that portion described as follows: Beginning at the most Northerly corner of Lot 1 in Block 4 of Fixlini Terrace, according to the map filed for record in Book A, Page 100 of Maps, in the Office of the County Recorder of said county; thence along the Northeasterly line of . said Fixlini Terrace, South 36 022' East, 40.00 feet to the Southwesterly prolongation of the Northwesterly line of Lot 5 of the Piedmont Tract, according to the Map filed for record in Book A, Page 146 of Maps, in the Office of the County Recorder of said county; thence along said Southwesterly prolongation and said Northwesterly line North 68 022' East, 443.96 feet to the true point of beginning; thence North 40 028' West, 303.22 feet to the Southeasterly line of the land described in the deed to San Luis Obispo High School District, recorded January 3, 1949 in Book 458, Page 496 of Official Records of said County; thence along said Southeasterly line, North 60 027' East, 220.28 feet; thence South 40 028' East 335.27 feet to the Northwesterly line of Lot 5 of the Piedmont Tract; thence along said Northwesterly line South 68 022' West, 228.53 feet to the true point of beginning. Also except therefrom that portion thereof described in the deed to Gregory Devereaux Bowden, a married man as his sole and separate property, recorded December 30, 1970 in Book 1599, Page 900 of Official Records. GRAPHIC SCALE 200 0 400 200 ( IN FEET ) 1 inch = 200 ft. design professionals civil engineers • land surveyors • land planners 1998 Santa barbers st • san lull obispo, ca 93401 ph: 8051549.8658 . email: eda@edainc.com OF kg6 kg8 �s °�'a a °.tea, \Jiff O "'P O '-"9114611 A'g8 1211 / EXHIBIT Al ,�j/? p'(�► j IA 5\� 25 55(, RJ?� 135 D M' M. RELEASED PROPERTY job. no. 2.2515.200 END OF DOCUMENT