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
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12131/2008
8:00 AM
Titles: 1
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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
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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.
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(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
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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.
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(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.
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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
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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
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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
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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,
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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
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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
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David. F. Romero, Mayor
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Exhibit A
Description of Property
LEGAL DESCRIPTION
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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.: