HomeMy WebLinkAboutLand Conservancy of San Luis Obispo County - Pismo Preserve Grant Agreement7he Land Conservancy
OF SAN LUIS OBISPO COUNTY
PO Box 122o6 . SAN LUIS OBISPO, CA . 93406
(805)544-9096 • WWW.LCSLO.ORG
Mr. Robert Hill
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Mr. Hill:
This letter is to serve as a request for the deposit of grant funds from the City of San Luis Obispo into
the Grantee's escrow in connection with the subject acquisition project.
Name of Grantee: The Land Conservancy of San Luis Obispo County ( LCSLO)
Address of Grantee: 1137 Pacific Street, Suite A, San Luis Obispo, CA 93401
Dollar amount of disbursement: $75,000.00
Purpose of disbursement:
The Land Conservancy of San Luis Obispo County's acquisition of fee title to approximately
879± acres of land known as Pismo Preserve, located in the County of San Luis Obispo,
California.
Name, Address, and Telephone Number of Title Company of Escrow Holder:
First American Title Company
899 Pacific Street, San Luis Obispo, CA 93401
(805) 786 -2038
Escrow Officer: Lisa Bertrand
Escrow Account Number: 4009 - 4443773
All other funds needed for the completion of acquisition of the real property, the Pismo Preserve, have
been secured and will be deposited to escrow at or about the same date as the requested grant funds.
If you have any questions with respect to this request, please contact Kaila Dettman, LCSLO Executive
Director, at (805) 544 -9096, ext. 13.
Si?aila erely,
d
Adriane Dettman Hooker
LCSLO, Executive Director
Local people. Local Land.
GRANT AGREEMENT FOR PISMO PRESERVE ACQUISITION
THIS Grant Agreement (the "Agreement ") is made on this 19th day of August, 2014, by
the CITY OF SAN LUIS OBISPO ( "CITY ") and THE LAND CONSERVANCY OF
SAN LUIS OBISPO COUNTY ( "LAND CONSERVANCY ") who are collectively
referred to as the "Parties ".
RECITALS
WHEREAS, LAND CONSERVANCY has reached an agreement with PB Coast
View LLC to acquire land commonly known as the Pismo Preserve, thereby ensuring the
preservation of approximately nine hundred (900) acres of real property (the "Property "),
which Property is described in detail as Exhibit A, attached hereto; and
WHEREAS, both CITY and LAND CONSERVANCY desire to ensure the
preservation of the Property consistent with goals and policies set forth in CITY's
Conservation and Open Space Element of its General Plan pertaining to protection of
wildlife corridors and contiguous habitat [e.g. Policy 7.3.3(C)], as well as to protect the
scenic, open space, and agricultural values of the Property in perpetuity; and
WHEREAS, the purchase price for the Property is $11,500,000.00 pursuant to a
qualified appraisal; and
WHEREAS, CITY, in consideration of a request from LAND CONSERVANCY,
and of the Parties' mutual goals and long- standing partnership in land conservation,
desires to make a grant in the amount of $75,000.00 towards the purchase price of the
Property; and
WHEREAS, numerous other entities, including various local and state agencies
and hundreds of private citizens, will provide the remaining funds needed for LAND
CONSERVANCY to complete the transaction and provide for appropriate public access
improvements and the long -term stewardship of the Property; and
WHEREAS, LAND CONSERVANCY will take title to the Property subject to
certain Essential Deed Provisions required by the California State Coastal Conservancy
and California Wildlife Conservation Board which shall include various protective
measures that, collectively, will ensure that the purposes of public expenditures of funds
are adhered to and carried out in perpetuity; and
NOW, THEREFORE, in consideration of the promises herein and the mutual
benefits accruing to the Parties, and to the general public from the acquisition of the
Property exclusively for conservation purposes as contemplated herein, CITY and
CONSERVANCY hereby agree as follows:
A. The Recitals herein are incorporated into and made a part of this
Agreement.
B. CITY shall make a grant of funds to LAND CONSERVANCY in the
amount of $75,000.00 which shall be deposited to an escrow account at First American
Title Company, number 4009 - 444373, which has been established for the benefit of this
transaction, upon LAND CONSERVANCY's instructions made at least 14 days in
advance to do so.
C. CITY's funds shall only be used if, and only if, all other funds are
deposited to escrow and the Grant Deed by which title to the Property is exchanged is
duly executed, notarized, and recorded with the San Luis Obispo County Clerk /
Recorder. If the transaction is substantially delayed by more than 30 days, or does not
take place for any reason whatsoever, then LAND CONSERVANCY shall cause First
American Title Company to promptly return the funds to CITY.
D. LAND CONSERVANCY, or its successors and assigns, shall hold all
right, privilege and interests accruing from ownership of the Property in perpetuity.
IN WITNESS WHEREOF, the Parties have executed the foregoing as of the date year
first above written.
CITY OF SAN LUIS OBISPO:
By:
JarT+Rarx, Mayor
ATTEST:
ByL4nthony
THE LAND CC
By: 1"Alo
aila De
Approved as to form:
Date: c3CI 10Z, a!,
Date: CY'1 03 I Z019
ANCY OF SAN LUIS OBISPO COUNTY:
��- �' Date:
Executive Director
6i Dieb ick, City Attomey
Exhibit A
That portion of Lots 8 & 9 as shown on the map recorded in Book A of Maps, at Page 157, along
with Parcel 1 as shown on the Parcel Map recorded in Book 15 of Parcel Maps, at Page 15, said
Lots 8 & 9 and Parcel 1 also shown on the Record of Survey filed in Book 107 of Licensed
Surveys at Page 73 in the Office of the County Recorder, County of San Luis Obispo, State of
California described as follows:
COMMENCING at point P 110, the northwest corner of said Lot 9 said corner also being the
southwest corner of Parcel 1 as shown said Record of Survey;
1. Thence North 12 °12'39" East along the northwesterly line of said Lot 9, a
distance of 892.10 feet to P 111, the northwest corner of said Parcel 1;
The following (4) four courses being along the northerly line of said Parcel 1:
2. Thence North 70 °50'59" East, a distance of 904.95 feet to point P 112;
3. Thence North 68 °07'38" East, a distance of 888.50 feet to point P 113;
4. Thence North 80 °25'01" East, a distance of 2042.35 feet to point P 114;
5. Thence North 61 °37'32" East, a distance of 1094.99 feet to a point in a non -
tangent curve on the westerly Right of Way of Price Canyon Road to point P
115;
The following (29) courses being along the westerly Right of Way of Price Canyon
Road:
6. Thence southeasterly along a non - tangent curve with a radial bearing of
North 17 °39'26" East, having a radius of 770.00 feet, thence along said curve
through a central angle of 5 °54'25 ", an arc length of 79.38 feet, the end of
said curve having a radial bearing of North 23 °33'51" East.
7. Thence South 66 036'09" East, a distance of 339.21 feet to a point on a
tangent curve;
8. Thence along tangent curve to the right, having a radius of 1030.00 feet,
through a central 7 °53'23 ", an arc length of 141.83 feet;
9. Thence South 74 °25'04" East, a distance of 130.79 feet to a point on a
tangent curve;
10. Thence along tangent curve to the left, having a radius of 270.00 feet,
through a central angle of 32 °39'30 ", an arc length of 153.90 feet;
11. Thence South 41 °44'24" East, a distance of 133.47 feet to a point on a
tangent curve;
12. Thence along tangent curve to the right, having a radius of 430.00 feet,
through a central angle of 16 °30'29 ", an arc length of 123.89 feet;
13. Thence South 58 °23'49" East, a distance of 111.56 feet to a point on a
tangent curve;
14. Thence along tangent curve to the left, having a radius of 270.00 feet,
through a central angle of 26 °00'11 ", an arc length of 122.54 feet;
15. Thence South 32 015'52"
East, a distance of 190.08 feet;
16. Thence South 31 °18'32"
West, a distance of 206.58 feet;
17. Thence South 10 °17'41"
West, a distance of 216.54 feet;
18. Thence South 06 007'42"
West, a distance of 159.73 feet;
19. Thence South 05 027'10"
East, a distance of 214.45 feet;
20. Thence South 26 020'31"
East, a distance of 377.70 feet;
21. Thence South 49 °55'34"
East, a distance of 371.68 feet;
22. Thence South 70 053'53"
East, a distance of 193.33 feet;
23. Thence South 27 013'51"
East, a distance of 521.45 feet;
24. Thence South 32 050'36"
East, a distance of 170.73 feet;
25. Thence South 14 °29'25"
East, a distance of 171.08 feet,
26. Thence South 36 039'22"
East, a distance of 101.00 feet;
27. Thence South 13 039'21"
East, a distance of 198.54 feet;
28. Thence South 02 027'59"
East, a distance of 700.03 feet;
29. Thence South 13 °20'26"
West, a distance of 155.26 feet;
30. Thence South 29 005'28"
East, a distance of 141.14 feet;
31. Thence South 01 °34'20"
East, a distance of 81.82 feet;
32. Thence South 20 025'39"
West, a distance of 92.07 feet to a point on a non -
tangent curve;
33. Thence southwesterly along
non - tangent curve with a radial bearing of North
85 °23'05" West, having a radius of 780.00 feet, thence along said curve
through a central angle of 30 °19'59 ", an arc length of 412.94 feet;
34. Thence South 28 °36'02"
West, a distance of 88.57 feet;
The following course leaving said Right of Way and being along the
southwesterly line of said Parcel 1:
35. Thence North 58 °55'30" West, a distance of 1240.46 feet;
36. Thence North 50 058'42" West, a distance of 1191.17 feet to the
northeasterly corner of above mentioned Lot 9.
The following (3) three courses being along the southeasterly line of above
mentioned Lot 9:
37. Thence South 56 038'48" West, a distance of 148.51 feet;
38. Thence South 06 °45'34" East, a distance of 1305.85 feet;
39. Thence South 35 °14'55" West, a distance of 2763.71 feet to the northerly
Right of Way of Highway 101;
The following (24) courses being along the southerly line of said Lots 8 & 9 and
also being the northerly Right of Way line of Highway 101 as shown on CalTrans
Right of Way Maps 3 MM 59:
40. Thence North 38 °20'12"
41. Thence North 58 °10'38"
42. Thence North 57 °21'00"
43. Thence North 49 °47'57"
44. Thence North 66 °34'01"
45. Thence North 54 °21'21"
46. Thence North 66 °58'16"
47. Thence North 50 °33'12"
48. Thence South 75 °23'15"
49. Thence North 69 °07'14"
50. Thence North 51 °58'00"
51. Thence North 76 °30'29"
52. Thence North 26 °49'28"
53. Thence North 55 °47'04"
54. Thence North 86 °29'02"
55. Thence North 23 °47'23"
56. Thence North 57 °57'20"
57. Thence North 87 °58'46"
58. Thence North 80 °08'07"
59. Thence North 83 °33'37"
60. Thence North 67 °55'34"
61. Thence North 37 °31'24"
62. Thence North 62 °11'21"
63. Thence South 78 °46'54"
West, a distance of 72.54 feet;
West, a distance of 416.79 feet;
West, a distance of 371.33 feet;
West, a distance of 303.06 feet;
West, a distance of 299.22 feet;
West, a distance of 307.79 feet;
West, a distance of 342.35 feet;
West, a distance of 216.35 feet;
West, a distance of 91.93 feet;
West, a distance of 517.49 feet;
West, a distance of 372.15 feet;
West, a distance of 262.35 feet;
West, a distance of 137.17 feet;
West, a distance of 49.84 feet;
West, a distance of 106.67 feet;
East, a distance of 31.00 feet;
West, a distance of 153.64 feet;
West, a distance of 53.87 feet;
West, a distance of 126.23 feet;
West, a distance of 131.84 feet;
West, a distance of 353.18 feet;
West, a distance of 410.88 feet;
West, a distance of 163.28 feet;
East, a distance of 266.30 feet;
The following (11) eleven courses being along the southerly line of said Lots 8 &
9, also shown on Record of Survey in Book 15, at Page 26 of Licensed Surveys:
64. Thence leaving said Right of Way of Highway 101,
North 15 °40'57" West, a distance of 475.64 feet;
65. Thence North 57 °05'24" West, a distance of 948.91 feet;
66. Thence South 57 °23'20" West, a distance of 227.77 feet;
67. Thence North 61 °10'37" West, a distance of 314.42 feet;
68. Thence North 46 017'28" West, a distance of 241.53 feet;
69. Thence North 26 °08'21" East, a distance of 225.91 feet;
70. Thence North 33 000'39" West, a distance of 428.20 feet;
71. Thence South 89 042'25" West, a distance of 532.89 feet;
72. Thence North 31 °31'27" West, a distance of 223.16 feet;
73. Thence North 70 026'00" West, a distance of 235.38 feet;
74. Thence leaving said southerly line of Lots 8 & 9, North 29 °53'36" East, a
distance of 1442.00 feet, to the northerly line of said Lot 8;
The following courses being along the northeasterly line of above mentioned Lot
8:
75. Thence South 59 001'20" East, a distance of 1032.85 feet, to a point referred
to as P 106 on above mentioned Record of Survey;
76. Thence South 51 008'35" East, a distance of 1281.81 feet, to a point referred
to as P 107 on above mentioned Record of Survey;
77. Thence North 87 049'15" East, a distance of 562.05 feet, to a point referred to
as P 108 on above mentioned Record of Survey;
78. Thence North 75 °53'47" East, a distance of 439.12 feet, to a point referred to
as P 109 on above mentioned Record of Survey;
79. Thence North 53 042'39" East, a distance of 398.71 feet, to the TRUE POINT
OF BEGINNING.
Along with that portion of Parcel 1 lying westerly of the Southern Pacific Railroad Right of Way
and easterly of the easterly Right of Way of Price Canyon Road as shown on said Record of
Survey more particularly described as follows:
COMMENCING at a point on the westerly line of said railroad Right of Way,
1. Thence North 55 °15'00 West, along the northeasterly line of said Parcel 1, a distance
of 617.37 feet to a point on a tangent curve;
2. Thence northwesterly along tangent curve, having a radius of 530.00 feet, through a
central angle of 7 041'31 ", an arc length of 71.15 feet to a point in said Right of Way
of Price Canyon Road;
3. Thence along said Right of Way South 34 °53'25" West, a distance of 4.82 feet to a
point on a tangent curve;
4. Thence southwesterly along tangent curve, having a radius of 735.00 feet, through a
central angle of 35 049'51 ", an arc length of 459.64 feet;
5. Thence South 09 040'14" East, a distance of 182.67 feet to a point on a tangent
curve;
6. Thence southeasterly along tangent curve, having a radius of 730.00 feet, through a
central angle of 42 °08'02 ", an arc length of 536.82 feet;
7. Thence South 57 °26'18" East, a distance of 366.63 feet to a point on a non - tangent
curve in the westerly line of said railroad Right of Way;
8. Thence northeasterly along non - tangent curve, having a radius of 638.98 feet,
through a central angle of 26 °48'13 ", an arc length of 298.93 feet;
9. Thence leaving said railroad Right of Way, North 37 °15'20" West, a distance of
244.33 feet;
10. Thence North 51 °52'20" East, a distance of 201.73 feet to a point on a non - tangent
curve in the westerly line of said railroad Right of Way;
11. Thence northeasterly along non - tangent curve, having a radius of 638.98 feet,
through a central angle of 26 °48'13 ", an arc length of 298.93 feet to the POINT OF
BEGINNING.
EXCEPTING therefrom that portion of Lot 9 as shown on the map recorded in Book A of Maps,
at Page 157, along with Parcel 1 as shown on the Parcel Map recorded in Book 15 of Parcel
Maps, at Page 15, said Lot 8 and Parcel 1 also shown on the Record of Survey filed in Book 107
of Licensed Surveys at Page 73 in the Office of the County Recorder, County of San Luis Obispo,
State of California described as follows:
Beginning at point P 110, the northwest corner of said Lot 9 said corner also being the
southwest corner of Parcel 1 as shown said Record of Survey;
Thence North 12 °12'39" East along the westerly line of said Parcel 1, a distance of 892.10 feet
to the northwest corner of Parcel 1, said corner also shown as P 111 on above mentioned
Record of Survey; Thence North 70 °50'59" East along the northerly line of said Parcel 1, a
distance of 74.22 feet to the TRUE POINT OF BEGINNING;
1. Thence continuing along said northerly line of Parcel 1, North 70 °50'59" East,
a distance of 566.74 feet;
2. Thence South 09 °58'57" East, a distance of 1820.85;
3. Thence North 61 058'28" West, a distance of 710.09 feet;
4. Thence North 09 °58'57" West, a distance of 1293.30 feet to the TRUE POINT
OF BEGINNING.
End of description
RESOLUTION NO. 10550 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GRANT AGREEMENT WITH THE LAND CONSERVANCY OF SAN
LUIS OBISPO COUNTY
WHEREAS, the City of San Luis Obispo has adopted policies for conservation,
protection, and management of open space lands both within and outside of the City; and
WHEREAS, The Land Conservancy of San Luis Obispo County is undertaking a
conservation and open space project involving the acquisition of real property known as the
"Pismo Preserve" and has requested funding participation from the City of San Luis Obispo; and
WHEREAS, the Conservation and Open Space Element of the City of San Luis Obispo's
General Plan provides policy guidance relative to working in collaboration with other regional
partners to secure intact habitat and wildlife migration corridors by providing a series of
connected open space areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
1. The City Council hereby finds and declares the City's financial support of the acquisition
of the Pismo Preserve serves the public interest and provides public benefits to the citizens of
San Luis Obispo by facilitating the preservation and public access to a substantial and significant
environmental, recreational and open space resource, which will expand the nearby open space
recreational opportunities available to City residents, relieve burdens on existing City open space
amenities, and contribute to a vibrant local eco- tourism economy that benefits the City.
2. Grant Agreement for the Pismo Preserve Acquisition. The City Council hereby
appropriates $75,000 from the General Fund Reserve, approves the Grant Agreement and
authorizes the Mayor to sign the Grant Agreement, an official copy of which shall be kept on
record with the City Clerk, based on the following findings:
The Grant Agreement and Pismo Preserve project are consistent with General Plan policies and
programs, including:
a. Conservation and Open Space Element Policy 7.3.3 (C) that calls for protection of
regional open space areas and the maintenance of wildlife migration corridors and
connectivity; and
b. Conservation and Open Space Element Program 8.5.5 that allows passive recreation in
City Open Space only "where it will not degrade or significantly impact open space
resources and where there are no significant neighborhood compatibility impacts..." and
that supporting another open space acquisition project outside of the City of San Luis
Obispo will alleviate pressure on the City's existing open space resources; and
R 10550
Resolution No. 10550 (2014 Series)
Page 2
c. Conservation and Open Space Element Program 8.7.1 (J) and (L) which state that the
City of San Luis Obispo will protect open space by improving interagency cooperation
and by "establishing mutually respectful, long -term relationships with landowners, and
conservation organizations such as land trusts, and local environmental organizations."
Upon motion of Mayor Marx, seconded by Council Member Ashbaugh, and on the following
roll call vote:
AYES: Council Members Ashbaugh and Smith, Vice Mayor Christianson and
Mayor Marx
NOES: Council Member Carpenter
ABSENT: None
The foregoing resolution was adopted this 19th day of August 2014.
ATTEST:
AS TO
Dietrick
ity Attorney
Mayor Ja6l arx
1, ANTHONY J. MEJIA, CITY CLERK OF THE CITY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, HEREBY
CERTIFY UNDER PENALTY OF PERJURY THE
FOREGOING INSTRUMENT TO BE A FULL,
TR ND CORRECT COPY OF THE ORIGINAL,
N FILE IN MY
f
YJ.M A, C
DATE: c c
(a 0 '�. 5.
7
R 10550
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