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;
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(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
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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
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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.
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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.
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(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
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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
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