Loading...
HomeMy WebLinkAboutD-1807 APN 073-261-006, 073-261-008, 073-261-009, 073-261-010 Recorded 12/31/2008i Recording requested by FIRST AMERICAN TITLE CO. 30 (0e3w- my PCEG WHEN RECORDED RETURN TO: City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo,, CA 93401 -.3249 E JULIE RODEWAA San Luis Obispo Co Clerk/Recorder Recorded at the request of First American Title Company DOC#i' zooeosnn NIIMI7YIIIIIGI61'Itl�lld LO 12131/2008 8:00 AM Titles: 1 Pages: Z% Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT AGREEMENT This Open Space and Agricultural Conservation Easement Agreement ( "Agreement ") is made and entered into this second day of September, 2008, by and between FREDERICK K GLICK and MICHELLE LEGUINA, Successor Co- Trustees of the KENNETH L. GLICK REVOCABLE TRUST dated December 5, 2003 (the "Grantors "), and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California (the "City "). WITNESSETH A. Grantor owns that certain real property located at Stenner Creek Road in the unincorporated area of the County of San Luis Obispo, California (Assessor Parcel Numbers 073 - 261 -006, 073 - 261 -008, 073 - 261 -009 and 073 - 261 -010), consisting of approximately 888 acres of land and improvements (the "Subject Property "). The Subject Property is more particularly described in Exhibit A attached hereto. Grantor wishes to place the Subject Property under the protective covenants of this Open Space and Agricultural Conservation Easement Agreement. The easement granted in this Agreement is hereafter described as the "Agricultural Conservation Easement." B. The existing buildings and improvements located on the Subject Property are depicted in Exhibit B attached hereto. The Subject Property also includes open farmland and grazing land. C. The agricultural and other characteristics of the Subject Property, its current use and state of improvement are described in a Present Conditions Report prepared by the City with the cooperation of Grantor, and acknowledged by both parties to be reasonably complete and accurate as of the date of this Agreement. A copy of such report is on file at the offices of City and is incorporated herein by this reference. Such report is intended to serve as an objective baseline for monitoring compliance with the terms of this grant. D! The market value of the Agricultural Conservation Easement granted to City by this Agreement has been determined by independent appraisal. A copy of the Appraisal Report of the Subject Property dated as of August 14, 2008, prepared by Schenb r Gy�loN E D JAN 20 7009 SLO CITY CLERK 00/) 7 McCormick and Jecker, Inc., and approved by City and Grantor, has been provided to City and Grantor. The Appraisal Report concludes that the fair market value of the Agricultural Conservation Easement provided for in this Agreement is One Million Dollars ($1,000,000.00). Grantor is willing to convey this Agricultural Conservation Easement for less than the fair market value, namely Eight Hundred Fifty Thousand Dollars ($850,000.00), to preserve the Subject Property's natural character and existing openness by voluntarily restricting Grantor's use of and activities on the Subject Property through the imposition of a perpetual open space and agricultural conservation easement on the terms and conditions set forth in this Agreement. E. City will acquire this Agricultural Conservation Easement through a substantial investment intended to qualify under Internal Revenue Code §170(h) applicable to a qualified conservation contribution. The funds paid represent a substantial investment by the People of the City of San Luis Obispo, the State of California, and the United States of America in the long -term conservation of valuable agricultural land, and the retention of agricultural land in perpetuity. The Subject Property and this Agricultural Conservation Easement have multiple natural resource conservation objectives. The rights vested herein arise out of the State's statutory role in fostering the conservation of agricultural land in California and its role as contributor of, and fiduciary for, the public investment represented here. F. This Agricultural Conservation Easement will be acquired in part with funding in the amount of $350,000 provided by the United States National Guard Bureau (NGB) under a Cooperative Agreement with the Land Conservancy of San Luis Obispo County in order to implement NGB's Army Compatible Use Buffer Program (ACUB) for the benefit of Camp San Luis Obispo. The.purpose of the ACUB is to prevent incompatible land uses on the periphery of Camp San Luis Obispo such as residential development or other uses which could lead to encroachment problems at Camp San Luis Obispo. G. Grantor grants this Agricultural Conservation Easement to the City for valuable consideration and for the exclusive purpose of assuring that, under the City's perpetual stewardship, the Subject Property will be conserved and maintained in accordance with the terms of this Agreement,. and that uses of the Subject Property that are inconsistent with this purpose will be prevented or corrected. The concern of the Grantor and City is that, but for this grant, the agricultural attributes and uses of the Subject Property will be compromised by increasing pressure from neighboring agricultural properties that have been converted to more intensive residential density. H. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following governmental conservation policies: Section 815 of the California Civil Code, which defines perpetual conservation easements; California Constitution Article XIII, section 8, and Revenue and Taxation Code sections 421.5 and 422.5, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Subject Property's tax valuation be consistent with 2 0 0 restriction of its use for purposes of food and fiber production and conservation of natural resources. Division 10.2 (sections 10200, et seq.) of the California Public Resources Code, which creates the California Farmland Conservancy Program; Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands; Title 10, Section 2684a of the United States Code, which declares a public interest in the prevention of incompatible uses of lands near military installations which can negatively affect the operations of such installations; The San Luis Obispo County General Plan, as amended in December 1996, which includes as one of its goals to protect all viable farmlands designated as prime, of statewide importance, unique, or of local importance from conversion to and encroachment of non - agricultural uses. I. City is a California municipal corporation, and, as certified by a resolution of its City Council, accepts the responsibility of enforcing the terms of this Easement. Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor voluntarily grants and conveys to the City, and City voluntarily accepts, a perpetual Conservation Easement, as defined by Section 815.1 of the Civil Code of California, and of the nature and character described in this Agreement, and agree as follows., 1. GRANT OF EASEMENT. Grantor hereby grants to City in perpetuity an open space and agricultural conservation easement on the terms and conditions of this Agreement over the Subject Property as described in Exhibit A. Said grant of an agricultural conservation easement conveys to City an estate and interest in the Subject Property. The purpose of this Agricultural Conservation Easement is to allow continuation of historical agricultural activities on the property and such other activities as are consistent with the restrictions set forth herein, and to otherwise restrict the use of the Subject Property as hereinafter set forth. 2. CONDITIONS OF EASEMENT. The restrictions hereby imposed upon the use of the Subject Property, and any portion thereof, by Grantor and the acts which Grantor shall refrain from doing upon the Subject Property are, and shall be, as follows: (a) General Plan Amendments. Seeking or assenting to the amendment of the San Luis Obispo County General Plan to a land use category that would allow a higher density of development than that which is allowed on the date of approval of this transaction by the City Council of the City of San Luis Obispo (September 2; 2008), A certified copy of such General Plan shall be maintained by City. 3 • r (b) Prohibited Uses. All activities or uses that are not permitted under the General Plan of the County of San Luis Obispo, including its Land Use Ordinances related to property classified as "Agriculture" as of the date of closing of this transaction, are prohibited. A certified copy of such General Plan and such Land Use Ordinances shall be maintained by City. In addition, the following activities or uses that are defined and authorized in land classified as "Agriculture" by such General Plan are prohibited: (1) Airfields or Landing Strips except as may be necessary in support of agricultural activities. (2) Bed and Breakfast facilities except those whose primary purpose is in support of agricultural tourism. (3) Houses of Worship. (4) Concrete, Gypsum, or Plaster Products. (5)` Food and Kindred Products when food processing and manufacturing establishments. (6) Indoor Amusement and Recreation Facilities except when permitted under subparagraphs (c) (f) of this Paragraph 2. (7) Libraries and Museums except when permitted under subparagraphs (c) - (f) of this Paragraph 2. (8) Membership Organization facilities except when permitted under subparagraphs (c) - (f) of this Paragraph 2. (9) Recycling and/or scrap handling facilities. (10) Waste dumps. (11) Manufacturing or agricultural equipment repair facilities, except for small facilities serving equipment used on. the Subject Property. (12) Livestock or poultry feeding lots or processing facilities. (13) Veterinary facilities, animal hospitals, or zoos. (14) Warehouse facilities. (15) Amusement parks of any kind. (16) • On -Site Housing for Agricultural Workers. (17) Commercial Woodcutting. (c) Subdivision; Lot Line Adjustments. Subdivision of the Subject Property into more lots than currently exist is prohibited. The parties acknowledge that the intent of this restriction is to keep the property in productive agricultural use and that any permitted residential development shall be located or clustered in such a manner as to 4 • 1 r protect the productive agricultural use of the Subject Property. The foregoing not withstanding, the parties acknowledge that the Subject Property currently consists of four (4) legal parcels identified in those certain Certificates of Compliance attached hereto and identified as Exhibits D1 through D4. The Grantor may sell, lease, or finance each parcel individually, however each parcel shall be subject to the provisions of this easement. In addition, Grantor may change the property lines of each parcel by lot line adjustment as they see fit. (d) Residential Structures. A single residential structure may be constructed on each parcel, along with agricultural support buildings as provided in Section 2(f). These structures shall be located at any suitable site within the Subject Property, except that only there may be only one such site north or west of the Union Pacific Railroad Company tracks. If and when any such site north or west of the Union Pacific Railroad Company tracks is selected, no other site north or west of the tracks may be used in the future. Construction and placement of any residential structures, and associated infrastructure shall be subject to the approval authority of the County of San Luis Obispo. (e) Large Agricultural Structures. Large structures associated with agricultural production, such as winery facilities, may be constructed on the Subject Property subject to the reasonable review and approval of the City of San Luis Obispo and, if applicable, the approval authority of the County of San Luis Obispo. However, any such large structures must be clearly associated with agricultural production from the Subject Property. (f) Other Improvements. Except as provided in subparagraphs (b), (c), (d), and (e) above, no other buildings or other structures may be constructed of installed on the Subject Property, except structures and improvements permitted in an agricultural zone for agricultural production on the Subject Property. Such other permitted improvements include, for example, barns, equipment sheds, irrigation systems, fencing, and improvements for `agri cultural 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 Agricultural Conservation Easement and Public Resources Code § 10262. Any such structures proposed to be built or placed on the Subject Property shall be subject to the reasonable prior review and approval of the County of San Luis Obispo. (g) Advertisements. No signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on the Subject Property, except for reasonable identifying signage associated with any approved activity. (h) Natural Resources. No extraction of surface or subsurface natural resources (except water resources) may be allowed on the Subject Property. Subsurface oil and gas resources, if found to be present, may be extracted by proper technological methods, subject to the reasonable review and approval of the County of San Luis Obispo and/or other agencies with jurisdiction over the matter. 5 • • (i) Impervious Surfaces. Impervious surfaces shall be minimized, and in no case shall such surfaces exceed two and one -half percent (2.5 %) of the area of the Subject Property. 3. EASEMENT TO BE PERPETUAL. This Agricultural Conservation Easement shall remain in effect in perpetuity. 4. TERMS BINDING ON SUCCESSORS. The terms and conditions contained herein shall be binding on the parties hereto and their heirs, successors and assigns. 5. ALL OTHER RIGHTS RETAINED BY GRANTOR. Grantor retains the right to perform any act on the Subject Property not specifically prohibited or limited by this Agreement. Such 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, or properly subdivided portions thereof, to anyone they choose. 6. NO OTHER LEGAL OBLIGATIONS IMPOSED ON CITY. Other than as specified herein, this Agreement is not intended to impose any legal or other responsibility on the City of San Luis Obispo, or in any way to affect any existing obligation of the Grantor as owner of the Subject Property. Among other things, this shall apply to: (a) Taxes. Grantor 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 if the City pays levies on Grantor's interest in order to protect City's interests in the Subject Property, Grantor will reimburse the City for the same. (b) Upkeep and Maintenance. Grantor shall be solely responsible for the upkeep and maintenance of the Subject Property to the extent required by law. City shall have no obligation for the upkeep or maintenance of the Subject Property, except as specifically provided in this Agreement. (c) Liability.and Indemnification. In consideration 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, Grantor shall indemnify, protect, defend and hold City, its 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, regardless of cause, unless due to the negligence or willful misconduct of City or any of its officers, directors, members, employees, contractors, legal representatives, agents, successors, and assigns. City shall be named additional insured on Grantor's general liability insurance policy. 0 City shall indemnify, protect, defend and hold Grantor, its trustees, officers, directors, 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 due to the negligence or willful misconduct of City or any of its officers, directors, members, employees, contractors, legal representatives, agents, successors, and assigns. 7. CITY MONITORING OBLIGATIONS. City shall manage its responsibilities for the Subject Property, 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 Subject Property consistent with the terms of this Agreement in perpetuity. City shall maintain a record of annual monitoring, describing the method of monitoring, condition of the Subject Property, stating whether any violations were found during the period, describing any corrective actions taken, and the resolution of any violation. . 8. ENFORCEMENT AND COSTS. City shall have the right to prevent and correct violations of the terms of this Agreement. With reasonable advance notice to Grantor, the City may enter the Subject Property for the purposes of inspection. If the City finds what it believes is a violation, it may at its discretion take appropriate action, including legal action, subject to the provisions of Section 10, Arbitration. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character and agricultural productivity of the Subject Property, City shall *give Grantor written notice of any such 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, City may obtain an injunction to stop it,. temporarily or permanently. A court may also issue an injunction requiring Grantor to restore the Subject Property to its condition prior to the violation. The failure of City to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. Without limiting Grantor's liability therefore, City shall apply damages recovered to the cost of undertaking any corrective action. on the Subject Property. Should the restoration of lost values be impossible or impractical for whatever reason, City shall apply any and all damages recovered to furthering the City's mission, with primary emphasis on agricultural easement acquisition and enforcement. Nothing contained in this Agreement shall be construed to entitle City to bring any action against Grantor for any injury to or change in the Subject Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, earth movement or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Subject Property resulting from such causes. In any case where a court finds that a violation has occurred and City is not in default hereunder, Grantor shall reimburse City for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees. If Grantor VA • prevails in any action or proceeding to enforce the terms of this Agreement, Grantor's costs of suit, including, without limitation, attorneys' fees, shall be borne by City. 9. THIRD PARTY RIGHT OF ENFORCEMENT. The Land Conservancy of San Luis Obispo County ( LCSLO) shall have a third party right of enforcement of this Agricultural Conservation Easement by virtue of its contribution of NGB funds for the benefit of Camp San Luis Obispo. Should the Grantee and/or LCSLO fail to enforce any term or condition of the Agricultural Conservation Easement and permit the Subject Property to be used in a manner inconsistent with such terms and/or conditions, then the United States, through the NGB or the Army, shall have a third party right of enforcement, to include all rights accruing from 10 U.S.C. 2684a(d)(4) at the time of this grant.. 10. ARBITRATION.' Any controversy arising from this Agreement or its breach, except an imminent violation that could irreversibly diminish or impair the open space character and agricultural productivity of the Subject Property that requires immediate action under Section 9, shall be determined by arbitration as follows: (a) Within thirty (30) days after a notice by either party to the other requesting arbitration and stating the basis of the party's claim, one arbitrator shall be appointed by each party. Notice of appointment shall be given by each party to the other party when made. If a party fails to appoint an arbitrator within such 30 -day period, the arbitrator selected by the other party shall decide the matter. (b) If two arbitrators are timely appointed, they shall immediately choose a third arbitrator to act with them. If they fail within fourteen (14) days of their appointment to select a third arbitrator, on application by either party, a third arbitrator shall be appointed by the then presiding judge of the Superior Court of the State of California in and for the County of San Luis Obispo.. The party making the application shall give the other party fourteen (14) day's notice of the application. (c) The arbitration shall be conducted under the Code of Civil Procedure (CCP Sections 1280 - 1294.2) and be held in San Luis Obispo, California. Both parties agree by signing this Agreement that they are agreeing to have any dispute arising from the matters relating to this Agreement, except for imminent violations subject to Section 9, decided by neutral arbitration as provided by California law and that each party is giving up rights to have the dispute litigated in a court or by jury trial. By signing this Agreement, each party is giving up judicial rights to discovery and appeal unless such rights are specially requested in the notice requesting Arbitration or as permitted by CCP 1280 et. seq. If either party refuses to submit to arbitration, they may be compelled to arbitrate under, the authority of the California Code of Civil Procedure. 11. TRANSFER OF EASEMENT BY CITY. If the City should desire to transfer the Agricultural Conservation Easement created by this Agreement to another qualified party, City must first obtain written, permission from the Grantor, which permission shall not be unreasonably withheld. The request shall state the name of the qualified party to which the M. transfer is proposed, the reasons therefore, and such other information as Grantor may reasonably request. If written consent is given for the proposed transfer, 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 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 Agricultural Conservation 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 City by this Agreement. If 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 Agricultural Conservation Easement, pursuant to the California Public Resources Code Section 10235(b), to another qualified organization, as defined in Section 815.3 of the Civil Code of California, and having similar purposes that agrees to assume the responsibility imposed by.this Agreement. 12. VOLUNTARY TRANSFER OF TITLE BY OWNER. Any time the Subject Property itself, or any interest in it, is transferred by the Grantor to any third party, Grantor 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 shall expressly incorporate by reference this Agreement. Failure of the Grantor to do so shall not impair the validity of this Agreement or limit its enforceability in any way. The purpose of this section is to ensure that new parties to the Agreement or affected by this Agreement are notified of, and are aware of, its existence. 13. AMENDMENTS MUST BE IN WRITING. This Agreement may be amended only with the written consent of Grantor and City. Any such amendment shall be consistent with the purposes of this Agreement and with 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. 14. TERMINATION OF EASEMENT. Termination of this Agricultural Conservation Easement shall be governed by Sections 10270 -10277 of the Public Resources Code of California. 15. TERMINATION BY CONDEMNATION. Termination of this Agricultural Conservation Easement or any portion thereof 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 by any public entity other than City, City shall be paid by the condemnor (or purchaser) Eighty -Five percent (85%) of the appraised value of the Agricultural Conservation 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 Subject Property, the balance of the E 0 r 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 Subject Property subject to this Easement. 16. INTERPRETATION. 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. This Agreement shall be interpreted under the laws of California, resolving any ambiguities or questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 17. NO APPROVALS EXPRESS OR IMPLIED. No provision of this Agreement shall constitute governmental approval of any improvements, construction or other activities that 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 Grantor 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 Agricultural Conservation 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. 18. NOTICES. Any notices to Grantor 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 Grantor: Frederick K. Glick 1315 Santa Rosa Street San Luis Obispo, CA 93401 To City: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 19. GRANTOR'S HAZARDOUS MATERIALS WARRANTY. Grantor warrants that Grantor 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, 10 0 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 Grantor's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Subject Property. 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. 20. GRANTOR'S TITLE WARRANTY. Grantor represents and warrants that Grantor has good fee simple title to the Subject Property, free from any and all liens or encumbrances, except those set forth in Exhibit C, and hereby promises to defend the same against all claims that may be made,against it. Grantor represents and warrants that the Subject Property is not subject to any other conservation easement whatsoever. Grantor may grant subsequent conservation easements on the Subject Property, provided that such subsequent easements are for the purpose of wetland, wildlife habitat or biological resource creation, enhancement or preservation, or for the protection and enhancement of agricultural productivity of the Subject Property. City shall be notified in advance, in writing, of any proposed conservation or other easement on the Subject Property, and shall have the right of reasonable review and approval of any such new easements. 21. !NVALIDATION. 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 this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 22. CITY AGREEMENT. As attested by the signature of its Mayor affixed hereto, in exchange for consideration, City hereby accepts without reservation the rights and 11 responsibilities conveyed by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. GRANTORS KENNETH L. GLICK REVOCABLE TRUST dated December 5, 2003 By By ederick K. Glick, Co- Trustee 'chelle Leguin Co- Trustee CITY CITY OF SAN LUIS OBISPO By �'. ✓ / /J /� . �. David. F. Romero, Mayor 12 Exhibit A Description of Property LEGAL DESCRIPTION rI L Real property in the unincorporated area of the County of San Luis Obispo, State of California, described as follows: PARCEL 1: APN: 073 -261 -008 THAT PORTION OF PARCEL B OF PARCEL MAP CO -79 -168, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 11, 1982 IN BOOK 31 PAGE 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -1I OF SAID MAP; THENCE SOUTH 20 °40' WEST, 1900 FEET TO POINT I BEING THE NORTHEASTERLY CORNER OF SAID PARCEL B AND THE POINT OF TRUE BEGINNING AND THE NORTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT - OF-WAY AS RECORDED MARCH 7, 1889 AT BOOK 3 PAGE 568 OF DEEDS; THENCE ALONG THE . NORTHERLY BOUNDARY OF SAID RIGHT OF WAY TO THE INTERSECTION WITH THAT PARCEL 1 OF THE LAND DEEDED TO SOUTHERN PACIFIC RAILROAD IN BOOK 1416 PAGE 364 OF RECORDS AT ENGINEERS STATION 8609 +75.20; THENCE ALONG THE NORTHERN BOUNDARY OF SAD PARCEL TO THE INTERSECTION OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AT ENGINEERS STATION 8624 +00; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY TO THE INTERSECTION WITH THE SOUTHERN BOUNDARY OF SAID PARCEL B; THENCE NORTH 78 031'01" WEST, 812.82 FEET, MORE OR LESS, AS SHOWN ON MAP RECORDED IN BOOK 37 PAGE 27 OF RECORDS OF SURVEY, TO CORNERS- 42; THENCE NORTH I2 °15' EAST, 3778.66 FEET TO NORTHWESTERLY CORNER OF PARCEL B OF PARCEL MAP CO 79 -168; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL TO THE POINT OF BEGINNING. THAT PORTION OF PARCEL B OF CO 79 -168 BEING A DIVISION OF LOT 1 OF THE RANCHO PORTRERO DE SAN LUIS OBISPO, AS RESERVED IN BOOK 31 PAGE 55 OF PARCEL MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT POINT J AS SHOWN ON MAP RECORDED IN BOOK 37 PAGE 27 OF RECORDS OF SURVEY, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 47 °30' WEST, 1920 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE SOUTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY, A POINT 50.00 FEET EAST OF ENGINEERS STATION 8624 +00 AS RECORDED MARCH 7, 1889 AT BOOK 3 PAGE 568 OF DEEDS; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY 1420.00 FEET, MORE OR LESS, TO POINT S-43; THE SOUTH 46 °30'00" EAST, 1067.88 FEET TO S -44; THENCE SOUTH 85 000'00" EAST, 163.68 FEET; THENCE NORTH 86 030'00" EAST, 198.00 FEET; THENCE NORTH 26 030'00" EAST, 211.20 FEET; THENCE NORTH 14 000'00" EAST, 280.50 FEET; THENCE NORTH 27 000'00" EAST, 462.00 FEET TO THE. TRUE POINT OF. BEGINNING.. (CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24, 1991 AS INSTRUMENT NO. 1991 -3782 OF OFFICIAL RECORDS.) PARCEL. 1A: AN EASEMENT, FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THAT PORTION OF First American Tide Order Number: 4009- 3066380 (NP) LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF LOT 9 OF RANCHO POTRERO DE SAN LUIS OBISPO, NOTED AS CORNER S-49; THENCE NORTH 69 1045'00" WEST, 44.53 FEET ALONG THE NORTH LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE OF SAID LOT 9, SOUTH 39001'04" WEST, 320.92 FEET; THENCE SOUTH 42 °1134" WEST, 793.64 FEET; THENCE SOUTH 66 °49'16" WEST, 111.72 FEET; THENCE NORTH 89 038'45" WEST, 138.92 FEET; THENCE NORTH 78 015'52" WEST, 334.34 FEET; THENCE NORTH 58 137'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 °27'00" WEST, 140.24 FEET; THENCE NORTH 78 00622" WEST, 284.52 FEET; THENCE SOUTH 65 °44'32" WEST, 291.75 FEET TO LOT CORNER S -45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 2 AND 3. PARCEL 1B: AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THOSE PORTIONS OF LOTS 1 AND 9, AS SHOWN ON THE MAP ENTITLED -MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE'SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, CALIFORNIA" PARTITION BY ORDER OF THE SUPERIOR COURT OF SAN LUIS OBISPO, FILED DECEMBER 19, 1887 IN THE COUNTY CLERK'S OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, INCLUDED WITHIN A STRIP OF LAND, 40.00FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9, NOTED AS CORNER S49; THENCE SOUTH 20 040'00" WEST, 1,300.27 FEET ALONG THE EAST LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE OF SAID LOT 9 SOUTH 72 104'10" WEST, 242.08 FEET; THENCE NORTH 73 145'00" WEST, 190.79 FEET; THENCE NORTH 49 044'56" WEST, 65.53 FEET; THENCE NORTH 14 6583" EAST, 159.51 FEET; THENCE NORTH 25 014'39" WEST, 112.22 FEET; THENCE NORTH 500051551 WEST, 116.55 FEET; THENCE NORTH 78 015'52 "WEST, 334.34 FEET; THENCE NORTH 58 037'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 027'00" WEST, 140.24 FEET; THENCE NORTH 78 006'22" WEST, 284.52 FEET; THENCE SOUTH 65 °44'32" WEST, 291.75 FEET TO LOT CORNER S -45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 2 AND 3. PARCEL 1C: AN EASEMENT FOR INGRESS, EGRESS, ROAD, UTILITY AND INCIDENTAL PURPOSES OVER THAT PORTION OF LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET WIDE, LYING 20.00 FEET ON EACH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF PARCEL A OF RECORD OF SURVEYS, RECORDED IN BOOK 37 PAGE 27 OF RECORDS OF SURVEYS, THAT, IS DESIGNATED AS "S 45" ON SAID MAP; THENCE ALONG THE CENTER LINE OF A "40.00 FOOT WIDE ACCESS ROAD" AS SHOWN ON SAD MAP AS FOLLOWS: NORTH 65 044'32" EAST, 291.75 FEET; SOUTH 78 006'22" EAST, 284.52 FEET; First American Title 0 1 0 Order Number: 4009- 3066380 (NP) NORTH 48 027 "' EAST, 140.24 FEET; SOUTH 75 °16'00" EAST, 223.67 FEET; SOUTH 58 037'40" EAST, 243.33 FEET; SOUTH 780 1552" EAST, 334.34 FEET; SOUTH 89 038'45" EAST, 138.92 FEET; NORTH 66 049'16" EAST, 111.72 FEET AND NORTH 42 01 134" EAST, TO THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID MAP. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 2 AND 3. PARCEL 2: APN: 073 - 261 -009 THAT PORTION OF PARCEL B OF PARCEL MAP CO -79 -168, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 11, 1982 IN BOOK 31 PAGE 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -11 OF SAID MAP; THENCE SOUTH 20 °40' WEST, 2720.00 FEET, MORE OR LESS, TO THE SOUTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF- WAY AS RECORDED MARCH 7, 1889 IN BOOK 3 PAGE 568 OF DEEDS; THENCE SOUTHWESTERLY ALONG SAID BOUNDARY TO A POINT SOUTH 12 021'00" WEST FROM THE CENTERLINE OF SAID RIGHT OF WAY AT SOUTHERN PACIFIC RAILROAD COMPANY ENGINEERS STATION 8576 +76 AND THE CENTERLINE OF A 40.00 FOOT ACCESS ROAD DESCRIBED IN DOCUMENT RECORDED IN BOOK 326 PAGE 75 OF OFFICIAL RECORDS, BEING THE TRUE. POINT OF BEGINNING; THENCE SOUTH 12 121'00" WEST, 275.00 FEET; THENCE SOUTH 19 141'00" WEST, 442,93 FEET; THENCE SOUTH 28 °31'00" WEST, 375 FEET, MORE OR LESS, TO THE SOUTHERN BOUNDARY OF SAID PARCEL B; THENCE NORTH 69 045'00" WEST, 539.98 FEET TO THE CORNER MARKED S-48 AS SHOWN OF 37 -RS -27 OF RECORDS; THENCE SOUTH 47 °00'00" WEST, 613.80 FEET TO THE CORNER MARKED S -47; THENCE SOUTH 10 145'00" EAST, 651.42 FEET TO THE CORNER MARKED S -46; THENCE SOUTH 07 130'00" WEST, 436.30 FEET TO THE CORNER MARKED G; THENCE SOUTH 58 °35' WEST, 16.14 FEET TO THE CORNER MARKED F; THENCE SOUTH 31 02430" EAST, 20.00 FEET TO THE CORNER MARKED S -45; THENCE SOUTH 57 045'00" WEST, 630.96 FEET TO POINT AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 47 °30' WEST, 1920.00 FEET, MORE OR LESS, TO A POINT 50.00 FEET EAST OF ENGINEERS STATION 8624 +00 ON THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY AS RECORDED MARCH 7, 1889 IN BOOK 3 PAGE 568 OF DEEDS; THENCE NORTHEASTERLY ALONG THE SOUTHERLY BOUNDARY OF THE PORTION OF THE SOUTHERN PACIFIC RAILROAD PROPERTY ACQUIRED AS PARCEL 2 RECORDED IN BOOK 1416 PAGE 385 OF OFFICIAL RECORDS; THENCE. NORTHEASTERLY ALONG SAID SOUTHERLY BOUNDARY TO THE SOUTHEASTERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY, A POINT 50.00 FEET SOUTHEAST FROM THE ENGINEERS STATION 8602 +50; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY BOUNDARY TO THE TRUE PONT OF BEGINNING. A PORTION OF THE PARCEL AS RECORDED BY CERTIFICATE OF COMPLIANCE IN BOOK 2161 PAGE 756 OF RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO, CA, AS FOLLOWS: THAT PORTION OF LOT 9 OF THE MAP ENTITLED "MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, RECORDED DECEMBER 19, 1887 IN THE COUNTY CLERK'S OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, First American Title • Order Number: 4009- 3066380 (NP) ALSO SHOWN ON 37 -RS -27 OF RECORDS COUNTY OF SAN LUIS OBISPO, DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -11 OF SAID MAP; THENCE SOUTH 20 °40' WEST, 6272.19 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9 AT THE CORNER MARKED S-49 ON SAID "MAP OF PARTITION OF RANCHO POTRERO DE SAN LUIS OBISPO"; THENCE NORTH 69 °45' WEST, 1581.07 FEET TO THE INTERSECTION WITH THE CENTERLINE OF THE EASEMENT GRANTED BY DEED IN BOOK 326 PAGE 75 OF OFFICIAL RECORDS, ALSO DESCRIBED IN BOOK 316, PAGE 446 OF OFFICIAL RECORDS, BEING THE POINT OF TRUE POINT OF BEGINNING; THENCE NORTH 69 045'00" WEST, 539.98 FEET ALONG THE NORTHERLY LINE OF SAID LOT 9 TO CORNER S-48; THENCE SOUTH 47 000'00" WEST, 613.80 FEET TO CORNER S -47; THENCE SOUTH 10 °45'00" EAST, 651.42 FEET TO THE CORNER MARKED S -46; THENCE SOUTH 07 130'00" WEST, 436.30 FEET TO THE CORNER MARKED G; THENCE SOUTH 08 °35' WEST, 16.14 FEET TO THE CORNER MARKED F; THENCE SOUTH 31 02430' EAST, 20.00 FEET TO THE CORNER MARKED S -45; THENCE NORTH 83 035'00" EAST, 149.26 FEET; THENCE NORTH 07 052'00" WEST, 293.67 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL A; THENCE NORTH 24 105'00" EAST, 462,86 FEET; THENCE SOUTH 65 055'00" EAST, 236.27 FEET TO THE INTERSECTION WITH THE. CENTERLINE OF THE EASEMENT GRANTED BY DEED IN VOLUME 326 PAGE 75 OF OFFICIAL RECORDS, ALSO DESCRIBED IN 130OK316 PAGE 446 OF OFFICIAL RECORDS; THENCE NORTH 24 005'00" EAST, 470 FEET; THENCE NORTH 28 °31'00' EAST, 317.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. (CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24, 1991 AS INSTRUMENT NO. 3783 OF OFFICIAL RECORDS.) PARCEL 2A: AN .EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THAT PORTION OF LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9 OF RANCHO POTRERO DE SAN LUIS OBISPO, NOTED AS CORNER S -49; THENCE NORTH 69 045'00" WEST, 44.53 FEET ALONG THE NORTH LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE OF SAID LOT 9, SOUTH 39 °01'04" WEST, 320.92 FEET; THENCE SOUTH 42 011'34" WEST, 793.64 FEET; THENCE SOUTH 66 049'16" WEST, 111.72 FEET; THENCE NORTH 89 038'45" WEST, 138.92 FEET; THENCE NORTH 780 I 552" WEST, 334.34 FEET; THENCE NORTH 58 037'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 027'00" WEST, 140.24 FEET; THENCE NORTH 78 106'22" WEST, 284.52 FEET; THENCE SOUTH 65 044'32" WEST, 291.75 FEET TO LOT CORNER S -45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 2 AND 3. PARCEL 2B: AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THOSE PORTIONS OF LOTS I AND 9, AS SHOWN ON THE MAP ENTITLED "MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, CALIFORNIA" PARTITION BY ORDER OF THE SUPERIOR COURT OF SAN LUIS OBISPO, FILED DECEMBER 19, 1887 IN THE COUNTY CLERKS OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON First American Title EACH SIDE OF THE FOLLOWING DESCRIBED LINE: • Order Number: 4009- 3066380 (NP) COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9, NOTED AS CORNER S49; THENCE SOUTH 20 °40'00" WEST, 1,300.27 FEET ALONG THE EAST LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE OF SAID LOT 9 SOUTH 72 00410" WEST, 242,08 FEET; THENCE NORTH 73 145'00" WEST, 190.79 FEET; THENCE NORTH 49 144'56" WEST, 65.53 FEET; THENCE NORTH 14 05831 "EAST, 159.51 FEET; THENCE NORTH 25 01439" WEST, 112,22 FEET; THENCE NORTH 50 105'55" WEST, 116.55 FEET; THENCE NORTH 78 015'52" WEST, 334.34 FEET; THENCE NORTH 58 037'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 °27'00" WEST, 140.24 FEET; THENCE NORTH 78 00622" WEST, 284.52 FEET; THENCE SOUTH 65 14432" WEST, 291.75 FEET TO LOT CORNER S-45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 1 AND 3. PARCEL 2C: AN EASEMENT FOR INGRESS, EGRESS, ROAD, UTILITY AND INCIDENTAL PURPOSES OVER THAT PORTION OF LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET WIDE, LYING 20.00 FEET ON EACH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF PARCEL A OF RECORD OF SURVEYS, RECORDED IN BOOK 37 PAGE 27 OF RECORDS OF SURVEYS, THAT IS DESIGNATED AS "S 45" ON SAID MAP; THENCE ALONG THE CENTER LINE OF A "40 FOOT WIDE ACCESS ROAD" AS SHOWN ON SAID MAP AS FOLLOWS: NORTH 65 044'32" EAST, 291.75 FEET; SOUTH 78 006'22" EAST, 284.52 FEET; NORTH 48 027'00" EAST, 140.24 FEET; SOUTH 75016'00" EAST, 223.67 FEET; SOUTH 58 037'40" EAST, 243.33 FEET; SOUTH 78015'52" EAST, 334.34 FEET; SOUTH 89 03845" EAST, 138.92 FEET; NORTH 66 049'16" EAST, 111.72 FEET; AND NORTH 429134" EAST, TO THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID MAP. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 1 AND 3. PARCEL 3: THAT PORTION OF PARCEL B OF PARCEL MAP CO -79 -168, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 11, 1982 IN BOOK 31 PAGE 55 OF PARCEL MAPS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -11 OF SAID MAP; THENCE SOUTH 20 041'37" WEST, 2720.00 FEET, MORE OR LESS, TO THE SOUTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY AS RECORDED MARCH 7, 1889 IN BOOK 3 .PAGE 568 OF DEEDS, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY TO THE SOUTHERLY BOUNDARY OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AS RECORDED MARCH 7, 1889 IN BOOK 3 PAGE 568 OF DEEDS, BEING AT OR NEAR SOUTHERN PACIFIC RAILROAD COMPANY ENGINEERS STATION 8576 +76 ON THE PROLONGATION OF SAID NORTH 12 021'00" EAST, TO THE CENTERLINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY AND THE CENTERLINE OF A 40.00 FOOT First American Title 0 0 Order Number: 4009 - 3066380 (NP) ACCESS ROAD PER 326- OR -75; THENCE SOUTH 12 021'00" WEST, 275.00 FEET; THENCE SOUTH 19 041'00" WEST, 442.93 FEET; THENCE SOUTH 28 031'00" WEST, 375.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE CENTERLINE OF THE EASEMENT GRANTED BY DEED IN BOOK 326 PAGE 75 OF OFFICIAL RECORDS; THENCE SOUTH 69 145' EAST, 1581.07 FEET TO POINT S -49; THENCE NORTH 20 °4137" EAST, 3552.00 FEET, MORE OR LESS, TO THE POINT OF TRUE BEGINNING. A PORTION OF THE PARCEL AS RECORDED BY CERTIFICATE OF COMPLIANCE IN VOLUME 2161 PAGE 756 OF OFFICIAL RECORDS, AS FOLLOWS: THAT PORTION OF A PORTION OF LOT 9 AS SAID LOT IS SHOWN ON THE MAP ENTITLED "MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, FILED DECEMBER 19, 1887 IN THE COUNTY CLERK'S OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, ALSO SHOWN ON 37 -RS -27 DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -11: THENCE SOUTH 20 04137" WEST, 6272.19 FEET TO THE TRUE POINT OF BEGINNING MARKED S =49 ON SAID "MAP OF PARTITION OF RANCHO POTRERO DE SAN LUIS OBISPO"; THENCE FROM SAID POINT OF BEGINNING, SOUTH 20 °40'00" WEST, 660.60 FEET ALONG THE EAST LINE OF SAID LOT 9 TO CORNER I -2; THENCE LEAVING SAID EAST LINE AND RUNNING NORTH 45 000'00" WEST, 79.86 FEET; THENCE NORTH 50 1100'00" WEST, 66.00 FEET; THENCE NORTH 54 100'00" WEST, 66.00 FEET; THENCE NORTH 59 1/40 WEST, 66,00 FEET TO CORNER I -2; THENCE NORTH 63 000'00" WEST, 66.00 FEET; THENCE NORTH 67 1/20 WEST, 66.00 FEET; THENCE NORTH 72 000'00" WEST, 66.00 FEET; THENCE NORTH 76 1/41 WEST, 66.00 FEET TO CORNER I -3; THENCE NORTH 80 3/4° WEST, 66.00 FEET; THENCE NORTH 85 1/21 WEST, 66.00 FEET; THENCE NORTH 89 3/4° WEST, 66.00,FEET; THENCE SOUTH 86 1/21 WEST, 66.00 FEET; TO CORNER I- 4; THENCE SOUTH 85 3/40 WEST, 64.68 FEET; THENCE SOUTH 70 1/4° WEST, 69.96 FEET; THENCE SOUTH 75 1/20 WEST, 66.00 FEET;.THENCE SOUTH 68 000'00" WEST, 66.00 FEET TO CORNER I -5; THENCE SOUTH 63 3/40 WEST, 66.00 FEET; THENCE SOUTH 59 1/20 WEST, 66,00 FEET; THENCE SOUTH 55 100'00" WEST, 66.00 FEET; THENCE SOUTH 51 000'00" WEST, 66.00 FEET TO CORNER I -6; THENCE SOUTH 46 1/40 WEST, 66.00 FEET; THENCE SOUTH 41 1/20 WEST, 66.66 FEET; THENCE SOUTH 38 000'00" WEST, 66.66 FEET; THENCE SOUTH 32 3/40 WEST, 27.06 FEET TO CORNER MS -2; THENCE SOUTH 83 035'00" WEST, 236.28 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL A AS DESCRIBED IN DEED RECORDED BY COURT ACTION IN BOOK 316 PAGE 446 OF OFFICIAL RECORDS; THENCE RUNNING NORTH 10 052'00" EAST, 478.26 FEET ALONG THE EAST LINE OF SAID PARCEL A AND THE EXTENSION THEREOF TO A POINT; THENCE NORTH 65 055'00" WEST, 200.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE CENTERLINE OF THE WATERLINE EASEMENT MARKED AS POINT -X" GRANTED TO THE CITY OF SAN LUIS OBISPO RECORDED AUGUST 12, 1953 IN BOOK 772 PAGE 92 OF OFFICIAL RECORDS; THENCE NORTH 24 105'00" EAST, 470.00 FEET; THENCE NORTH 28 031'00" EAST 317.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 9; THENCE SOUTH 69 °45' EAST, 1581.07 FEET ALONG THE NORTH LINE OF SAID LOT 9 TO CORNER S-49 AND THE POINT OF BEGINNING. THAT PORTION OF A PORTION OF LOT 9 AS SAID LOT IS SHOWN ON THE MAP ENTITLED "MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, FILED DECEMBER 19, 1887 IN THE COUNTY CLERK'S OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT POINT S -11; THENCE SOUTH 20 °40' WEST, 6272.19 FEET TO THE POINT MARKED S -49 ON SAID "MAP OF PARTITION OF RANCHO POTRERO DE SAN LUIS OBISPO; THENCE SOUTH 20 040'00" WEST, 660.60 FEET TO POINT I -1; THENCE NORTH 45 000'00" WEST, 79.86 FEET; THENCE NORTH 50 100'00" WEST, 66.00 FEET; THENCE NORTH 54 °00'00" WEST, First American Tide Order Number: 4009 - 3066380 (NP) 66.00 FEET; THENCE NORTH 59 1/4° WEST, 33.70 FEET, MORE OR LESS, TO THE INTERSECTION OF THE CENTER LINE OF THE 40.00 FOOT ACCESS ROAD AS SHOWN IN BOOK 37 PAGE 27 OF RECORDS OF SURVEYS RECORDS, THIS BEING THE POINT OF TRUE BEGINNING; THENCE NORTH 59 1/40 WEST, 32.30 FEET, MORE OR LESS,TO CORNER I -2; THENCE NORTH 63 000'00" WEST, 66.00 FEET; THENCE NORTH 67 1/20 WEST, 66.00 FEET; THENCE NORTH 72 000'00" WEST, 66.00 FEET; THENCE NORTH 76 1/40 WEST, 66.00 FEET TO CORNER I -3; THENCE NORTH 80 3/4° WEST, 66.00 FEET; THENCE NORTH 85 1/2° WEST, 66.00 FEET; THENCE NORTH 89 3/4° WEST, 66.00 FEET; THENCE SOUTH 86 1/20 WEST, 66.00 FEET; TO CORNER I-4; THENCE SOUTH 85 3/40 WEST, 64.68 FEET; THENCE SOUTH 75 1/20 WEST, 66.00 FEET; THENCE SOUTH 70 1/41 WEST, 69.96 FEET; THENCE SOUTH 68 100'00" WEST, 66.00 FEET TO CORNER I -5; THENCE SOUTH 63 3/4° WEST, 66.00 FEET; THENCE SOUTH 59 1/20 WEST, 66.00 FEET; THENCE SOUTH 55 000'00" WEST, 66.00 FEET; THENCE SOUTH 51 000'00" WEST, 66.00 FEET TO CORNER I -6; THENCE SOUTH 46 1/4° WEST, 66.00 FEET; THENCE SOUTH 41 1/2° WEST, 66.66 FEET; THENCE SOUTH 38 000'00" WEST, 66.66 FEET; THENCE SOUTH .32 3/4° WEST, 27.06 FEET TO CORNER MS-2; THENCE SOUTH 83 035'00" EAST, 23.60 FEET TO CORNER M -5; THENCE SOUTH 54 153'00" EAST, 225.06 FEET TO CORNER M -6 BEING ON THE CENTERLINE OF THE 40.00 FOOT RIGHT OF WAY SHOWN IN BOOK 37 PAGE 27 OF RECORDS OF SURVEYS; THENCE ALONG SAID CENTERLINE AS FOLLOWS: FROM M -6, SOUTH 78 015'52" EAST, 334.34 FEET; THENCE SOUTH 89 03845" EAST, 138.92 FEET; THENCE NORTH 66 049'16" EAST, 111.72 FEET; THENCE NORTH 420 1134" EAST, 560.80 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. (CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24, 1991 AS INSTRUMENT NO. 3784 OF OFFICIAL RECORDS.) PARCEL 3A: AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THAT PORTION OF LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9 OF RANCHO POTRERO DE SAN LUIS OBISPO, NOTED AS CORNER 5-49; THENCE NORTH 69 045'00" WEST, 44.53 FEET ALONG THE NORTH LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE OF SAID LOT 9, SOUTH39 °01'04" WEST, 320.92 FEET; THENCE SOUTH 420 1134" WEST, 793.64 FEET; THENCE SOUTH 66 149'16" WEST, 111.72 FEET; THENCE NORTH 89 038`45" WEST, 138.92 FEET; THENCE NORTH 78 115'52" WEST, 334.34 FEET; THENCE NORTH 58 °37'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 027'00" WEST, 140.24 FEET; THENCE NORTH 78 00622" WEST, 284.52 FEET; THENCE SOUTH 65 °4432" WEST, 291.75 FEET TO LOT CENTER CORNER S -45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS LAND 2. PARCEL 3B: AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES OVER THOSE PORTIONS OF LOTS 1 AND 9, AS SHOWN ON THE MAP ENTITLED "MAP OF THE PARTITION OF PART OF THE RANCHO POTRERO DE SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, CALIFORNIA" PARTITION BY ORDER OF THE SUPERIOR COURT OF SAN LUIS OBISPO, FILED DECEMBER 19, 1887 IN THE first American Title Order Number: 4009- 3066380 (NP) COUNTY CLERK'S OFFICE OF SAN LUIS OBISPO IN FOLDER 892 OF SUPERIOR COURT RECORDS, INCLUDED WITHIN A STRIP OF LAND, 40.0 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9, NOTED AS CORNER S49; THENCE SOUTH 20 040'00" WEST, 1,300.27 FEET ALONG THE EAST LINE OF SAID LOT 9 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE OF SAID LOT 9 SOUTH 72 004'10" WEST, 242.08 FEET; THENCE NORTH 73 045'00" WEST, 190.79 FEET; THENCE NORTH 49 044'56" WEST, 65.53 FEET; THENCE NORTH 14 05831" EAST, 159.51 FEET; THENCE NORTH 25 °14'39" WEST, 112.22 FEET; THENCE NORTH 50 °05'55" WEST, 116.55 FEET; THENCE NORTH 78 015'52" WEST, 334.34 FEET; THENCE NORTH 58 037'40" WEST, 243.33 FEET; THENCE NORTH 75 016'00" WEST, 223.67 FEET; THENCE SOUTH 48 12700" WEST, 140.24 FEET; THENCE NORTH 78 °06'22" WEST, 284.52 FEET; THENCE SOUTH 65 04432" WEST, 291.75 FEET TO LOT CORNER S-45. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS 1 AND 2. PARCEL 3C: AN EASEMENT FOR INGRESS, EGRESS, ROAD, UTILITY AND INCIDENTAL PURPOSES OVER THAT PORTION OF LAND, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET WIDE, LYING 20.00 FEET ON EACH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF PARCEL A OF RECORD OF SURVEYS, RECORDED IN BOOK 37 PAGE 27 OF RECORDS OF SURVEYS, THAT IS DESIGNATED AS "S 45" ON SAID MAP; THENCE ALONG THE CENTER LINE OF A °40 FOOT WIDE ACCESS ROAD" AS SHOWN ON SAID MAP AS FOLLOWS: NORTH 65 044`32" EAST, 291.75 FEET; SOUTH 78 006'22" EAST, 284.52 FEET; NORTH 48 027'00" EAST, 140.24 FEET; SOUTH 75 016'00" EAST, 223.67 FEET; SOUTH 58 037'40" EAST, 24333 FEET; SOUTH 78 015'52" EAST, 334.34 FEET; SOUTH 89 038`45" EAST, 138.92 FEET; NORTH 66 049'16" EAST, 111.72 FEET; AND NORTH 42 011'34" EAST, TO THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID MAP. EXCEPTING THEREFROM THAT PORTION INCLUDED IN PARCELS LAND 2. PARCEL 4: APN: 073 - 261 -006 PARCEL A OF PARCEL MAP CO -79 -168, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 11, 1982 IN BOOK 31 PAGE 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN, 073 - 261 -009; 073 - 261 -010. and 073- 261 -006 and 073 - 261 -008 First American Title 0 Exhibit B 0 Buildings and Improvements on the Subject Property The subject property includes the following buildings and improvements: Older barn and outbuildings, shown in Appraisal Report, of no contributory value to the property. Several water troughs and spring boxes.. Fencing and Gates. Exhibit C Encumbrances on the Subject Property The subject property is 'subject to the following encumbrances as of September 2, 2008: EXHIBIT D • EXISTING CERTIFICATES OF COMPLIANCE PARCELS AND PARCEL MAP PARCEL Certificate of Compliance recorded as Doc. No. 3782 of the Official Records of San Luis Obispo County, California, January 24, 1991. APN: 73 -261 -008. 2. Certificate of Compliance recorded as Doc. No. 3783 of the Official Records of San Luis Obispo County, California, January 24, 1991. APN: 73 -261 =009. 3. Certificate of Compliance recorded as Doc. No. 3784 of the Official Records of San Luis Obispo County, California, January 24, 1991. APN: 73- 261 -010. 4. Parcel A of Parcel Map CO -79 -168 recorded February 11, 1982, in Book 31 of Parcel Maps at Page 55, further identified as Document No. 5918 in the County Recorder's Office of the County of San Luis Obispo, State of California, APN: 73- 261 -006. EXHIBIT D CERTIFICATE OFACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed December 23, 2008, by Frederick K. Glick and Michelle Anne Leguina, also known as Shellyanne Leguina, Successor Co- Trustees of the Kenneth L. Glick Revocable Trust dated December 5, 2003, to the CITY OF SAN LUIS OBISPO, a California 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 the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: 12123108 CITY OF SAN LUIS OBISPO By: _ David F. Romero, Mayor ATTEST: By�1� Audrey Hooper, CMC City Clerk 0 171 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Q,� (� f n n.ADI ) On �a- _—�j � 6 before me, % Vj h St fA6 /VA , Notary Public, personally appeared who proved to me on the basis of satisfactory evidenc 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 authorised 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. I certify under PENALTY OF PERJURY under aws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a Al I seal. Y. WHl$ENANII copy•81806458 Signature N NOTARY P�uc'cuffo>r+u =1 sPr ups oalsPo COUNTY My Cowl. EXP. ,IpI.Y 1�. 2012 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary'to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent. fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by <<!! Table Feld EONAME Not Found!! >i 11/2007 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF C lifornia )SS COUNTY OF ) ) � Notary Public , personally a PP eared On '59& — before me, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d official seal. Y. WHISENAND Signature tjr Comp.# IBM458 Luis 011M Cowin mai. Up. hxr 114, 20111 1 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or-Entity.. OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT- NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by «! !Table Field EONAME Not Fountl!!» 11/2007 I STATE OF CALIFORNIA ) )SS COUNTY OF SAN LUIS OBISPO ) On December 30, 2008, before me Audrey per, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SALT LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person( whose name( is/=c-subscribed to the within instrument and acknowledged to me that he /she%key executed the same in his+erkhEir authorized capacity(i�), and that by his/l�i�r signature on the instrument the person, or the entity upon behalf of which the person06 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. (� ity dqYk END OF DOCUMENT.: