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HomeMy WebLinkAboutD-1788 APN 002-443-005 Recorded 09/22/2008LI RECORDATION REQUESTED BY AND WHEN RECORDED MAIL TO: Audrey Hooper, City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 • JULIE RODEWALD San Luis Obispo County—Clerk/Recorder Recorded at the request of Public AG 9/10/2008 2:56 PM D O C #: 2008045974 Titles: 1 Pages: 14 Fees 0.00 Taxes 0.00 Others 0.00 PAID. $0.00 APN 002 -443 -005 For Recorder's Use Only AMENDED AND RESTATED DECLARATION OF CONSERVATION COVENANTS This AMENDED AND RESTATED DECLARATION OF CONSERVATION COVENANTS (Conservation Covenant ") is made this '"° day of S2 p b A.,- , 2008 by the City of San Luis Obispo (hereinafter "Covenantor"). This Conservation Covenant is an amendment and restatement of, and supersedes and replaces in its entirety for all purposes, that certain Declaration of Conservation Covenant recorded August 7, 2002, as Document No. 2002064366 in the Official Records of San Luis Obispo County, State of California. RECITALS A. Covenantor is the sole owner in fee simple of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, designated as Assessor's Parcel No. 002 - 443 -005, and as Lots 16 and 17 of the Buckley Tract in the City of San Luis Obispo as shown on the map recorded in Book A at Page 46 of Maps in the Office of the County Recorder at said County (the "Real Property "). This Conservation Covenant applies to a smaller area within the Real Property; this smaller area, approximately 0.060 acre in size (the "Mitigation Property"), is more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by this reference. B. The Mitigation Property currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values "). The Conservation Values are of importance to the people of the County of San Luis Obispo and the people of the State of California. C. This Conservation Covenant provides protection for compensatory mitigation undertaken on the Mitigation Property pursuant to requirements of the United States Army Corps of Engineers' ( "ACOE ") Section 404 Permit No. 2000 - 00782 -TW issued to Mr. Charles Zanoli ( "Section 404 Permit "). D. The ACOE is the federal agency charged with the primary responsibility for regulating activities in waters of the United States, including wetlands, with regulatory authority RECEIVED SLR' 224-11 SLO CITY CLERK i�Y�' 0 • over discharges of dredged and fill material into such waters pursuant to Section 404 of the Clean Water Act, and is a third party beneficiary of this Conservation Covenant. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to laws of the United States and California law, including Civil Code Section 815, et seq., the Covenantor hereby voluntarily records a conservation covenant in perpetuity over the Mitigation Property. This Conservation Covenant shall run with the land and be binding on Covenantor and Covenantor's heirs, successors in interest, administrators, assigns, lessees, and other occupiers or users of the Mitigation Property or any portion of it.. Purpose. (a) The purpose of this Conservation Covenant is to ensure the Mitigation Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use the Mitigation Property that will impair or interfere with the Conservation Values of the Mitigation Property ( "Purpose "). Covenantor intends that this Conservation Covenant will confine the use of the Mitigation 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 Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Covenant, shall mean the condition of the Mitigation Property, as it exists at the time this Conservation Covenant is executed, as well as future enhancements or changes to the Mitigation Property that occur directly as a result of the following activities: (1) Compensatory mitigation measures, including implementation, maintenance, and monitoring activities (collectively, "Compensatory Mitigation ") required by the Section 404 Permit and as described in the Final Habitat Mitigation and Monitoring Plan dated August 2002 ( "Mitigation Plan "); (2) Those activities described in Sections 4 -5 herein. (c) Covenantor certifies to ACOE, that to the Covenator's actual knowledge, there are no structures or improvements existing on the Mitigation Property at the time this grant is executed. Covenantor further certifies to the ACOE that, to Covenantor's actual knowledge, there are no previously granted easements existing on the Mitigation Property that interfere or conflict with the Purpose of this Conservation Covenant. The present Natural Condition is evidenced in part by the depiction of the Mitigation Property attached on Exhibit "C," showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Covenantor has delivered further evidence of the present Natural Condition to the ACOE consisting of on -site photographs showing the natural features of the Mitigation Property. FA (d) If a controversy arises with respect to the present Natural Condition of the Mitigation Property, the Covenantor and /or 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. 2. ACOE's rights. To accomplish the Purpose of this Conservation Covenant, Covenantor hereby grants and conveys the following rights to ACOE (but without obligation of the ACOE): (a) A non - exclusive easement on and over the Mitigation Property to preserve and protect the Conservation Values of the Mitigation Property; and (b) A non - exclusive easement on and over the Mitigation Property to enter upon the Mitigation Property to monitor Covenantor's compliance with and to otherwise enforce the terms of this Conservation Covenant; and (c) A non - exclusive easement on and over the Mitigation Property to prevent any activity on or use of the Mitigation Property that is inconsistent with the Purpose of this Conservation Covenant and to require the restoration of such areas or features of the Mitigation Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Covenant; and (d) All present and future development rights allocated, implied, reserved or inherent in the Mitigation Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Mitigation Property, nor any other property adjacent or otherwise; and (e) The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Covenant. 3. Prohibited Uses. Any activity that does not presently exist on, or use of, the Mitigation Property inconsistent with the Purpose of this Conservation Covenant is prohibited. Without limiting the generality of the foregoing, the following uses by Covenantor, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the Section 404 Permit, Mitigation Plan, and any easements and reservations of rights recorded in the chain of title to the Mitigation Property at the time of this grant. (a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the Purpose of this Conservation Covenant; (b) Use of off -road vehicles and use of any other motorized vehicles except on designated roadway, if any; (c) Grazing or other agricultural activity of any kind; 3 (d) Erecting of any building or other improvement, billboard, or sign (except for signage permitted under Section 7, below); (e) Depositing of soil, trash, ashes, garbage, waste, bio- solids or any other material; (f) Excavating, dredging, drilling or removing of loam, gravel, soil, rock, sand or other material; (g) Otherwise altering the general topography of the Property, including but not limited to building of roads and flood control work; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) maintenance of existing trails or roads, (3) prevention or treatment of disease, or (4) required mitigation programs; (i) Residential, commercial, retail, institutional, or industrial uses; Q) Establishing any easement, for any purpose (without the written consent of ACOE), within the boundaries of the Mitigation Property not in existence, disclosed to and approved by ACOE, as of the date of this Conservation Covenant; and (k) Surface entry for exploration or extraction of minerals. 4. Covenantor's Duties. Covenantor 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 Mitigation Property; (b) Comply with the terms of this Conservation Covenant and cooperate with ACOE in the protection of the Conservation Values; (c) Repair and restore damage to the Mitigation Property directly or indirectly caused by Covenantor, Covenantor's guests, representatives or agents and third parties; provided, however, Covenantor, its successors or assigns shall not engage in any repair or restoration work on the Mitigation Property without first consulting with ACOE; and (d) obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Covenant, 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. 5. Reserved Rights. Covenantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all other rights accruing from its ownership of the Mitigation Property, including the right to engage in or to permit or invite others to engage in all uses of the Mitigation Property not expressly prohibited by, or limited by, and that are consistent with the Purpose of this Conservation Covenant. 6. ACOE Remedies. If ACOE determines that Covenantor or its agents, contractors, or invitees are in violation of the terms of this Conservation Covenant or that a violation is threatened, the ACOE making such determination shall give written notice to Covenantor of such violation and demand in writing the cure of such violation. If Covenantor fails to cure the violation within fifteen (15) days after receipt of said written notice and 4 demand, or said cure reasonably requires more than fifteen (15) days to complete and Covenantor fails to begin the cure within the fifteen (15).day period or fails to continue diligently to complete the cure, either ACOE may bring an action, at law or in equity in a court of competent jurisdiction tot enforce compliance by Covenantor with the terms of this Conservation Covenant; to recover any damages to which ACOE may bes entitled for violation by Covenantor of the terms of this Conservation Covenant or for any injury to the conservation values of the. Mitigation Property, to enjoin the violation, ex paste as necessary, by temporary or permanent: injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Mitigation Property to the condition in which it existed prior to any such violation or injury. Without. limiting Covenantor's liability therefore, either ACOE may apply any such: damages recovered to the cost of undertaking any corrective action on the Mitigation Property. If ACOE:, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant ,damage to the Conservation Values of the Mitigation Property, ACOE may pursue its remedies under this Section 6 without prior notice to Covenantor or- without waiting for the_ period provided for cure to expire. The rights of ACOE under this section apply equally to actual. or threatened. violations of the terms of this Conservation Covenant. Covenantor agrees that ACOE remedies at. law for any violation of the terms of this Conservation Covenant are. inadequate and that ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which ACOE may be entitled, including specific performance of the terms of this Conservation Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies .of ACOE described in this section shall be cumulative and shall be in addition. to all remedies now or hereafter existing at law or in equity, . including, but not limited to, the remedies set forth in California Civil Code Section 815, et seq:, inclusive. The failure of ACOE to discover a violation or to take immediate legal action shall .not. bar the ACOE from taking :such action at. a later time.. If at anytime in. the future., Covenantor or any subsequent transferee uses or threatens to use such lands for purposes inconsistent with this Conservation Covenantor, then, appropriate enforcement agencies of the- United States have standing to enforce this Conservations Covenant. These rights are in addition to, and do not limit, the rights of enforcement under the Section 404 Permit, or any of the: various documents create thereunder or referred to therein. 6.1 Costs of Enforcement. Any costs incurred by ACOE where it is the prevailing party,, in enforcing the terms of this Conservation Covenant against Covenantor, including, but not Limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Covenantor's violation or negligence under the terms of this Conservation Covenant shall be borne by Covenantor. 6.2. ACOE Discretion. Enforcement of the terms of this Conservation Covenant by.ACOE shall be: at the discretion of the_ACOE-, and any forbearance by ACOE to exercise its rights under this Conservation Covenant. in the event of any breach of any term of the Conservation. Covenant shall not be construed to be a waiver by ACOE of such terms or of any subsequent breach of the .same or any other term of this Conservation Covenant or of any 5 of ACOE rights under this Conservation Covenant. No delay or omission by ACOE in the exercise of any right or remedy upon any breach by Covenantor shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Covenant creates a non - discretionary duty upon the ACOE to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against ACOE by any third parties. 6.3 Acts Beyond Covenantor's Control. Nothing contained in this Conservation Covenant shall be construed to entitle ACOE to bring any action against Covenantor for any significant injury to or change in the Mitigation Property resulting from natural causes beyond Covenantor's control, including, but not limited to, fire not caused by Covenantor, flood, storm, and earth movement, or from any prudent action taken by Covenantor under emergency conditions to prevent, abate, or mitigate significant injury to the Mitigation Property resulting from such causes. Such excuse from performance by Covenantor shall only be allowed if such event beyond the Covenantor's control has caused a substantial failure of or degradation of the conservation and environmental values on the Mitigation Property. Notwithstanding the foregoing, even actions undertaken during emergency conditions must receive prior authorization from the Department of the Army (through expedited procedures, if appropriate) if the action involves discharge of dredged of fill material into jurisdictional "waters of the United States The lack of such authorization may result in an enforcement action by the ACOE. 7. Installation and Maintenance of Signa4e. Covenantor shall post and maintain appropriate signage identifying the Conservation Covenant. Such signage shall be subject to the prior written approval of ACOE, which shall not be unreasonably withheld. 8. Access. This Conservation Covenant does not convey a general right of access to the public. This Conservation Covenant will allow for access to the Mitigation Property by ACOE and third -party easement holders of record at the time of this conveyance at locations Mitigation Property at the time of this conveyance. 9. Costs and Liabilities. Covenantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Mitigation Property. Covenantor agrees that ACOE shall have no duty or responsibility for the operation or maintenance of the Mitigation Property, the monitoring of hazardous conditions thereon, or the protection of Covenantor, the public or any third parties from risks relating to conditions on the Mitigation Property. Covenantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Covenant, 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. 9.1 Taxes. Covenantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Mitigation Property by competent authority (collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Conservation Covenant, and shall furnish ACOE with satisfactory evidence of payment upon request. 9 9.2 Condemnation. The Purpose of the Conservation Covenant is presumed to be the best and most necessary public use as defined at California Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. 10. Subsequent Transfers. Covenantor agrees to incorporate the terms of this Conservation Covenant in any deed or other legal instrument by which Covenantor divests itself of any interest in all or any portion of the Mitigation Property, including without limitation, a leasehold interest. Covenantor further agrees to give written notice to ACOE of the intent to transfer any interest at least fifteen (15) days prior to the date of such transfer. The failure of Covenantor to perform any act provided in this section shall not impair the validity of this Conservation Covenant or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to any other party or parties shall be in writing and be served personally or sent by recognized to give to any other party or parties shall be in writing and be served personally or sent by recognized overnight courier that guarantees next - business -day delivery or by first class mail, postage prepaid, addressed as follows: To Covenantor: Mayor City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To ACOE: U.S. Army Corps of Engineers Los Angeles District, Regulatory Branch 915 Wilshire Blvd., Room 1535 Los Angeles, CA 90017 or to such other address as a party shall designate by written notice to the other parties. Notice shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight courier or, or in the case of delivery by first class mail, five (5) days after deposit into the United States mail. 12. Amendment. This Conservation Covenant may be amended by Covenantor only with written approval of the ACOE. Any such amendment shall be consistent with the Purpose of this Conservation Covenant and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of the San Luis Obispo County, State of California. Covenantor shall record any amendments to this Conservation Covenant approved by ACOE in the official records of San Luis Obispo County, California, and shall provide a copy of the recorded document to ACOE. 13. General Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Covenant shall be governed by the laws of the United States and the State of California, disregarding the conflicts of law principles of such state. 7 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Covenant shall be liberally construed to effect the purposes of this Conservation Covenant. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Covenant 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 Covenant, such action shall not affect -the remainder of this Conservation Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Covenant 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 Covenant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Covenant. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 12. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Covenantor's title in any respect. (f) Successors and Assigns. The covenants, terms, conditions, and restrictions of this Conservation Covenant shall be binding upon, and inure to the benefit of Covenantor and its respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Mitigation Property. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Covenant terminates upon transfer of the party's interest in the Conservation Covenant or Mitigation Property, 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. (i) Recordation. Covenantor shall promptly record this instrument in the official records of San Luis Obispo County, California, and provide a copy of the recorded document to ACOE. Q) No Hazardous Materials Liability. Covenantor 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 Mitigation Property. Despite any contrary provision of this Conservation Covenant, the City does not intend this Conservation Covenant to be, and this Conservation Covenant shall not be, construed such that it creates in or gives ACOE any of the following: N. • 0 (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. 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 Mitigation Property; or (5) Any control over Covenantor's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Mitigation 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 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 Covenant. 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. Covenantor represents, warrants and covenants to ACOE that Covenantor's activities upon and use of the Mitigation Property will comply with all Environmental Laws. (k) Additional Easements. Covenantor shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Mitigation Property (other than a security interest that is subordinate to this Conservation Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Mitigation Property, without first obtaining the written consent of ACOE. ACOE may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Conservation Covenant or will impair or interfere with the Conservation Values of the Mitigation Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Mitigation Property that is subject to this Conservation Covenant and complies with Section 10. Covenantor, its successors and assigns shall record any additional easements or other interests in the Mitigation Property approved by the ACOE in the official records of San Luis Obispo County, California and provide a copy of the recorded document to the ACOE. (1) Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Covenant impossible to accomplish, this Conservation Covenant can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. IN WITNESS WHEREOF Covenantor has executed this Conservation Covenant the day and year first above written. COVENANTOR Dated: 9/ 5/ 8 Mr. Dave Romero, Mayor City of San Luis Obispo A OVED //A,S� TO RM: NATHAN P. LOiNEIL City Attorney By: �-- �� Mr. Dave Romero, Mayor 10 • STATE OF CALIFORNIA ) )SS COUNTY OF SAN LUIS OBISPO ) • On September 9, 2008, before me Audrey Hooper, City Clerk, personally appeared Dave Romero, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the personeelsheAhe"xecuted whose name is /emsubscribed to the within instrument and acknowledged to me that the same in his/herftirrir authorized capacity6m), and that by his/herAheir signatureEs� on the instrument the person(sT or the entity upon behalf of which the persons ),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, ;.. City ,:13 EXHIBIT A Portions of Lots 16 and 17 of the Buckley Tract in the City of San Luis Obispo as shown on map recorded in Book A at Page 46 of Maps in the office of the San Luis Obispo County Recorder described as follows: Beginning at a point in the southwest line of said Lot 16 which bears S 36 022'55" E a distance of 24.76 feet from a lead and tack marked "L.S. 5201" set at the intersection of said line with the southeast right -of- way of Marsh Street, 34.96 feet wide, as shown on map filed in Book 79 at Page 59 of Record of Surveys. Said Point of Beginning being also S 36 022'55" E a distance of 8.71 feet from a lead and tack marked °L.S. 5201" set in the top of a wall per said map; thence, leaving said west line, S 83 1158'45" E a distance of 109.31 feet to a point in a line parallel with and 18.00 feet southwest from the southwest right -of -way of Santa Rosa Street, 25.00 feet wide, as shown on said map; thence, along said parallel line, S 35 042'24 "E a distance of 23.73 feet to a point in the line noted on said map to be "best evidence location centerline creek "; thence, along said centerline of creek, S 79 026'21" W a distance of 25.56 feet to a point in a line parallel with and 25.00 feet south from the first above described course; thence, leaving said centerline, along said parallel line, N 83 058'45" W a distance of 77.78 feet to a point in the southwest line of said Lot 16; thence, along the southwest line, N 36 022'55" W a distance of 33.86 feet to the Point of Beginning and containing an area of 2613 square feet, more or less. End of description. A a. )(.0 W, � 7 Alan L. Volbrecht L.S. 5201 Exp 06/30/2009 EXHIBIT "B" M A R S H S T R E E T obi N . I LEAD AND TACK "L. S. 5201' . .o S 3672 55" E 24.76' LEAD AND TACK 8.71' BUCKLEY TRACT IN TOP OF WALL L.S 5201 " (POINT OF M MB 5) BEGINNING 31 �- 1.� 15 ,ten m- 1.7 S 35'4224" E tSa��i 23..73' 18.00' 275 0. R. 226 10 11 . I 12 MJBBIDN VJJIVZYARD TRACT (A NJB X43) SCALE IN FEET, 0' 30' 60' W � W Q Q Q 25' vyLBREC HT SURVEYS P.O. BOX 299 SAN LUIS .OBISPO, CA. 93406 (805) 781 -9296 JUNE, 2007 63101 ex01. dw5 EXHIBIT C - PROPERTY LINES & EASEMENTS H u- O F �� LIU y � � /�'"�'` ✓.d.�" /� X51"• �'� , N a r "� �" t • j � � /�. f•� �� • � i'1� I i zz� ! G w u N• 1 � -J m Rai 133NIS VSO2J t/1NVS &to 0 x i g- c �y I � , a 0 qw pl 0- 0.� Z O 14% 7 d � H I� Liu I a { § r H u- O F �� LIU y � � /�'"�'` ✓.d.�" /� X51"• �'� , N a r "� �" t • j � � Page lof 1 /�. f•� �� • � i'1� I i N ! G w - O O a N• 1 � W _ U d i g- c �y I � , a 0 qw pl 0- Page lof 1 y i °14, /�. f•� �� • � i'1� I i Q � I M jf /r N• y i °14, t END Or DOCUMENT i / I i Q � I M � N• 1 � W _ U I m 0 g- c W I a 0 qw pl 0- 0.� Z O I d � H I� t END Or DOCUMENT