Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2020-004059
04� Tommy Gong 2®2o001/28/2020b08:00 AMcunty Clerk-Recorder Recorded at the request of RECORDING REQUESTED BY AND FIDELITY TITLE CO WHEN RECORDED MAIL TO: Titles: 1 Pages: 24 Fees: $158.00 Taxes: 0.00 CITY OF ARROYO GRANDE300 E. BRANCH Total: 158.00 ARROYO GRANDE, A 93420 1111 i%1%1Mliflififitalital III ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS (EMERGENCY ACCESS—TRACT 01-001) THIS AGREEMENT is made this 14 day of January, 2020, by and between the City of Arroyo Grande, California, a municipal corporation (hereinafter "City"), and Castlerock Development, a California corporation (hereinafter"Developer"). RECITALS A. Developer is required, pursuant to Conditions of Approval Nos.11 and 12 of Resolution 4156 dated January 27, 2009, approving Vesting Tentative Tract Map No. 01-001 (aka Tract 1998), to acquire certain emergency access and pedestrian public access easements and construct certain public improvements, including an emergency access road and pedestrian path for the project. B. The acquisition of said interests in real property (Lot 224, Tract 1834, Unit 5) for the emergency access and pedestrian public access for said tract is essential to provide needed public facilities for the development and to mitigate the public facilities burdens created by the development. C. Developer has been unable to acquire by a negotiated purchase the required interests in real property for the required improvements and requests that the City assist in the acquisition by exercise of the City's power of eminent domain at the sole and exclusive expense of Developer. D. This Agreement is authorized by, and is entered into, pursuant to California Government Code Section 66462.5. E. The interests in real property which are the subject of this Agreement are described in Exhibits "A," "B," "C" and "D," attached hereto and incorporated herein by this reference. Additional interest in said real property may be necessary to implement the above referenced Conditions of Approval. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the recitals, it is mutually agreed by and between the parties as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Retention of Special Counsel. City will retain a qualified attorney (Special Counsel) to prepare and file on behalf of the City all documents and pleadings necessary to acquire the required interest in real property either through negotiation or through an action in eminent domain. Said Special Counsel will either be associated with the City Attorney in the eminent domain action, or will independently pursue the eminent domain action on behalf of the City, as the City Attorney determines. 3. Costs of Acquisition. Developer agrees to bear all expenses, costs, fees, and charges, including attorneys', engineers, appraisers or other professional service fees incurred or charged in connection with the acquisition of the real property interests and the preparation and prosecution of the eminent domain action, and City shall assume no responsibility for said expenses. Developer shall deposit the sum of$20,000 with the City immediately upon execution of this Agreement. Developer shall deposit additional funds as may be needed within thirty (30) days of City's written demand. Any unused portion shall be returned to Developer. 4. No City Funds. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said eminent domain action. The City agrees to cooperate and assist in commencing and prosecuting said eminent domain action for the purpose of completing same as soon as possible. 5. Eminent Domain Action. Developer shall cooperate as reasonably necessary to assure that the eminent domain action is diligently prosecuted to completion. City retains the right to assume primary responsibility for the subject litigation at any time and to prosecute it to completion with all costs and expenses, including attorneys' fees, to be borne by the Developer. a. Initiation of Action. It is understood that prior to the initiation of any eminent domain action, it will be necessary for the City in its sole discretion to adopt a resolution of 2 necessity for the acquisition of the property interests and to make the necessary findings as required by law. Other than the deposit of funds to cover initial attorney's fees and the deposit of probable compensation, the adoption of a resolution of necessity shall be a condition precedent to any further obligation of the City herein.City agrees to use due diligence in processing the matter to hearing before the City Council for adoption of a resolution of necessity. b. Possession of Property. Unless otherwise specifically directed in writing by the City Attorney, the Special Counsel shall seek and obtain an order for possession for the real property interests necessary for the improvements and facilities and comply with the legal procedures necessary therefore before commencement of any work. The Developer shall be responsible for the deposit of funds, posting of security, or payment of any costs associated with the order for possession. c. Use of Experts. City shall retain at Developer's sole expense any appraiser, engineer or other expert witness, as mutually agreed upon by Developer and City, to provide any necessary appraisal, engineering or other information in a form suitable for use in connection with said eminent domain action. Any appraiser, engineer and other expert witness required shall be paid directly out of the above- referenced deposit made by Developer. 6. Payment of Judgment or Settlement Costs. Developer shall pay all amounts, plus interest, as required as a result of any judgment or settlement in payment for the easements to be acquired. City shall assume no responsibility for said payments. 7 Construction of Improvements. Developer shall, at its sole cost and expense, construct the emergency access road and public pedestrian path promptly upon the City's acquisition of the necessary real property interests. 8. No Modification. This Agreement is not intended to amend, modify or supersede any other agreement that may exist between the parties. 9. Indemnification. Developer shall defend, indemnify and hold harmless City from any and all liability or damages resulting from the performance of this Agreement. 10.Attorneys' Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys'fees, costs and expenses incurred. 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: CASTLEROCK DEVELOPMENT: By: By: /� ;Jaynes Berg "- -a ' Manager rren Shetler, President ATTEST: dr Kelly Wet`v or-/City Clerk APPROVED AS TO FORM: /. Timo y J. Carmee City Attorney 4 EXHIBIT A EMERGENCY ACCESS EASEMENT 5 DAKOS 5 DAKOS LAND SURVEYS INC-fie Continuing 30 Years of Surveying Tradition on the Central Coast 1 C3 7600 Morro Rd,Atascadero,CA 93422 • Phone(805)466-2445 info@dakoslandsurveys.com • www.dakoslandsurveys.com 5A Access (APN 007-781-060) Exhibit 'A' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows: A strip of land 20.00 feet wide, lying 10.00 feet on each side of the following described centerline: Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75°46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14'46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 26°33'41" an arc length of 91.79 feet; thence South 44°21'26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 120.65 feet; thence South 2°21'08" West a distance of 219.24 feet to the southwesterly line of Lot 41, Tract 2265 in said City of Arroyo Grande according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State and the POINT OF TERMINATION of said centerline. The side lines of said strip are to be shortened or lengthened to terminate at the northwesterly and southeasterly lines of said Lot 224. EXCEPTING THEREFROM Any portion of said strip lying within said Lot 41, Tract 2265. The attached "Exhibit 'A' Map Exhibit "is made part of this description. 01-08-20 5rG4 o Gl.gs�'QL oO q S tt' Marc D. Dakos, LS 8769 (Date) ��c' ' '�o(r, Professional Land Surveyor No.8769 4t (-7 OF NO' ...0 tr. rt kip - --- 2WD 40 ',— en r1 to g 0 ;,-, ,— C I-- _L en , I 8 i..._ — ),J.' I— i < PiE1 w CI 01 Ate ...,. ,..._ / A 1.1.1 LU Lo.I it-,1 LU o u = Cf_ .,,, un LI;:43 X < ,..0 ,. IF- CN4 M WI i .. ' 0 0 n IA —I cE an 1.... .- •-- 1.7. •3 a. ,',..)' 4, / a )- „..,... .w -4-:_31- c7, < en rr az, eo ..,,, 8 ' / \-$ Z 000 gC 0 N ,4' II ar, t-li nl" Z I.a : ''.-% I 2t 0 if A IQ\ ,- — -1 Lt1 U..1 C to Cr+ t i I 1 _ r , . . . 14) in ar- re• I- ir. 11. N..3 iD NA Iri— •••• 130 ...1 c L.I..., 1— I— sq, / tz C 1,:ti ..- T.-0 Lj _k < \\...,.... —.....—..-1,-- ,L., w _ nt -.1 - - ±f. a- u Lu......7 . ,...71,.. „,, Ee > 6 i i g v ,r:4 r:*1 L'' .9 I,ri", W• .... U- U 8 EXHIBIT B PEDESTRIAN ACCESS EASEMENT 9 DAKOS DAKOS LAND SURVEYS INC. 4 Continuing 30 Years of Surveying Tradition on the Central Coast 41 .1 ys 7600 Morro Rd,Atascadero, CA 93422 • Phone(805)466-2445 info@dakoslandsurveys.com • www.dakoslandsurveys.com 6B Pedestrian (APN 007-781-060) Exhibit 'B' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows: A STRIP OF LAND 4.00 FEET WIDE, the southwesterly line of which is parallel and concentric with and 10.00 feet northeasterly of the following described centerline: Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75°46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14'46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 26°33'41" an arc length of 91.79 feet; thence South 44°2126" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 120.65 feet; thence South 2°21'08" West a distance of 219.24 feet to the southwesterly line of Lot 41, Tract 2265 in said City of Arroyo Grande according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State and the POINT OF TERMINATION of said centerline. The side lines of said strip are to be shortened or lengthened to terminate at the northwesterly and southeasterly lines of said 224. EXCEPTING THEREFROM Any portion lying within said Lot 41, Tract 2265. The attached "Exhibit 'B' Map Exhibit "is made part of this description. Ntvicakg-- 01-08-200 O GL+g SG4"/i Marc D. Dakos, LS 8769 (Date) �P °N 93 Professional Land Surveyor ,� No. 8769 4 til P �9r�OF CAL V3- F, "Pt!ic9.1: rvt v., D 4.0 S•,- -1 csi "ar 6 RI lam I.. .S L.. ,—, CI- A. — _r ........„ - es4 Li < Iry , , as ... • /....-----7--3-- El ,...„ , 0 (4) 0 CO fri i a. - 1-1 ,..L., z co X ce z ... ,.... X < 7: CI LLJ 1 LLI .. . V tif. t; %An 4_1 ces /46.--•.) 4 0•1 a 0 o„,,t n i:ri UJ M- 0 L' '.,, U.. LLA Lu up --I g c „It LaJ U- Z Lut Z t...9 eel NJ CO j 2 z 1.1-,:i A 4-- - t-, t•-• L. W— 0— CY ;,,0 '..... ,,./ ce M •,.. 1-1- ..i. (.0 a 114" / I 0 a' ,..... 1— / U --,. 0 V L.) in, et Li -II 0. 4- OL. VI rei 1 C ...LI ...... "= , -A bx lb) ;_-_. •e i A 1-- ; 5,.., , Le co cry 6— V 1.n. \ ..< LLJ '.- INA feN 4 ea LI r•A rr r''' . .11 4.0 I- 1- C V r- _i — -a, -T fa 2 ''•— Q 1,,A ch CV 1- I'M CO -X, .:t 2 I. rL. C, 00 lAbgtob ,- ,- - _ = u 12 EXHIBIT C SLOPE AND DRAINAGE EASEMENT 13 DAKOS DAKOS LAND SURVEYS, INC. �y5 ` , Continuing 30 Years of Surveying Tradition on the Central Coast • 5� 7600 Morro Rd,Atascadero,CA 93422 • Phone(805)466-2445 info@dakoslandsurveys.com • www.dakoslandsurveys.com 7C Slope & Drainage (APN 007-781-060) Exhibit 'C' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows: Bounded southwesterly by a line which is parallel and concentric with and 14.00 feet northeasterly of the following described centerline: Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75°46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14'46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; • thence southeasterly along said curve through a central angle of 26°33'41" an arc length of 91.79 feet; thence South 44°2126" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 120.65 feet; thence South 2°21'08" West a distance of 219.24 feet to the southwesterly line of Lot 41, Tract 2265 in said City of Arroyo Grande according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State and the POINT OF TERMINATION of said centerline. Bounded northeasterly by the following described line (LINE "N"): Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 61.28 feet to the TRUE POINT OF BEGINNING of said LINE "N"; thence leaving said southerly line South 80°12'35" East a distance of 20.43 feet to the beginning of a curve concave southwesterly having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 27°17'15" an arc length of 119.06 feet; thence South 52°55'20" East a distance of 29.57 feet to the beginning of a curve concave northeasterly having a radius of 167.80 feet; thence southeasterly along said curve through a central angle of 22°21'37" an arc length of 65.49 feet to the beginning of a non-tangent compound curve concave northeasterly having a radius of 567.28 feet to which a radial line bears South 45°45'03" West; thence southeasterly along said curve through a central angle of 21°18'30" an arc length of 210.97 feet; thence South 65°3326" East a distance of 14.42 feet to the beginning of a curve concave southwesterly having a radius of 223.00 feet; thence southeasterly along said curve through a central angle of 21°12'01" an arc length of 82.51 feet; thence South 44°2126" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 173.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 141.04 feet; thence South 2°21'08" West a distance of 235.56 feet to the southwesterly line of said Lot 41, Tract 2265 and the POINT OF TERMINATION of said LINE "N". Excepting therefrom any portion within said Lot 41 The attached "Exhibit 'C' Map Exhibit "is made part of this description. �� '�A_rd 01-08-20 54i" OA s�'QL N G(S S C< Marc D. Dakos, LS 8769 (Date) 44-`' o(1) Professional Land Surveyor No. 8789 4, 4114r6'0F cAtg`-'�`� , . 0 1.11 0 = ---, Z( D " IX Lel SI . . .3 g: z,..! , . - LL nt c, I- _ 0 te in. ' 0 — 0 C.4 i 4mr — 'Er 44 e .4-, 91 %. 111 ••• 1 8 u (Pr -e r.-- i a ___, u51z . ....- ',.... - L) 03 - 1-1 Lu I- I Nn /6.6611 ....... 1 i CC Z W 660 I....4 1...1.1 kial C 1... z t5 1 I .1 tAi 1.._ .... •-•., >< < n 0 MI LIJ 2 T., ',.1 ,^ ,co v/.,_ 1- I.- •5 , IA ,v, C. th- 0 0 CI :3 t.fl 6 23 N4-, 0 Ow z In.7 - nkJZZIDa < . V L.,2 NN1 0 1.11 CZ rr 2 ad ea = • P I-Ir tto ce, -a Li CIZZI"- '-ace- 8 , 2or0 ,44 omg OZ an 01 1.6.1 u. Z -,-' re C6 '''' 0 z Lu L" Z Z "--, 4, u ,-, 0 0 - .--, . 1-1-1 0 re of 0 0 m '7 L.) -,...-... ..J CL.1- 1- it_ 0_ Lin ,-i-1 1 v-I 1:13 .2j Lei ,..., 17. It 11 te < "•°' re, U a. u U Z U *-- 0 0 .... cd 1;4_7 / // a. ad • •,-,. z ea 0 rt• / a 01 0`1 ee I— i ! 0- 000a- 4' •-4•p ,4 m ,-- re, n't .0 ,r1 F..- - A so.... IN fh1 w ..- IN rf .:1• .- f‘t CI Er. -t- 6 6 r- t-,4 t-- t•-• 6 ...., f-., t- .;;;r in ...,j ,- "•Zo ap m m m .# m m rm,m Nit 4 . i / uu il , -.1 . n'"DIL" 41i Elis '...1 "P. i-4 Vil 6.) k i> < 2 •1' ,4 .6.5reifniN "iso .J ,C IC Lji, C!) co ...- F .„0 ,.... - NI LI ..-a 7- _ 0 0 .-r_.%m 0 m m 6 6 Nr6 6 er. -ti < 7 c‘i FJ 7 rn "n `,'.1 c-Q vv-i 'kd CI 1 OS r,:i ad ad o r-: r,.. tei m Lc at % zwinvf.4.4 ,iki 1,.‘j i gicA ir 14,.. -4 iftwwfrm N ..... _.1 ad r- 4 6 to 4.1 CD 0 ,,,,., • In- C.,- 1- C4 a- UlaNI ,- 1-n- is, .) WI di t,,, 411 V1 1,1 vi LA 0-L.1 --4-4—.-.—_,_____ - 00 ''''',..3-• ...t, _ .. > 1 1 • 1 1- L i ! 17 EXHIBIT D SLOPE AND DRAINAGE EASEMENT 18 DAKOS DAK0s LAND SURVEYS,• + INC. �'+ - 'c), Continuing 30 Years of Surveying Tradition on the Central Coast 1 cjJ 7600 Morro Rd,Atascadero, CA 93422 • Phone(805)466-2445 info@dakoslandsurveys.com • www.dakoslandsurveys.com 8D Slope & Drainage (APN 007-781-060) Exhibit 'D' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows: Bounded northeasterly by a line which is parallel and concentric with and 10.00 feet southwesterly of the following described centerline: Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75°46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14'46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 26°33'41" an arc length of 91.79 feet; thence South 44°21'26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 120.65 feet; thence South 2°21'08" West a distance of 219.24 feet to the southwesterly line of Lot 41, Tract 2265 in said City of Arroyo Grande according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State and the POINT OF TERMINATION of said centerline. Bounded southwesterly by the following described line (LINE "S"): Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72°39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72°39'27" West a distance of 173.21 feet to the TRUE POINT OF BEGINNING of said LINE "5"; thence leaving said southerly line South 85°46'47" East a distance of 56.62 feet; thence South 75°06'06" East a distance of 38.48 feet to the beginning of a curve concave southwesterly having a radius of 175.00 feet; thence southeasterly along said curve through a central angle of 31°48'30" an arc length of 97.15 feet; thence South 43°17'36" East a distance of 116.11 feet to the beginning of a non- tangent curve concave northerly having a radius of 880.51 feet to which a radial line bears South 28°18'21" West; • thence easterly along said curve through a central angle of 14°44'34" an arc length of 226.56 feet to the beginning of a reverse curve concave southwesterly having a radius of 146.50 feet; thence southeasterly along said curve through a central angle of 32°04'48" an arc length of 82.03 feet; thence South 44°21'26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 128.00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 104.35 feet; thence South 2°21'08" West a distance of 206.19 feet to the southwesterly line of said Lot 41 and the POINT OF TERMINATION of said LINE "5" . EXCEPTING THEREFROM Any portion lying within said Lot 41, Tract 2265. The attached "Exhibit 'D' Map Exhibit "is made part of this description. Adan / k 01-08-20vAND Gfr`d oUGl.AS�'QL Marc D. Dakos, LS 8769 (Date) �r 0 0 CP 73 Professional Land Surveyor No. 8769 �� �T��F CAS-�F���\� ,•Nc• F.0 F- fp 1- ,- 8 [ ., -0 .0 F__.4 N ,,(r 4 SF ••• -x 1 "4" ----..._ Fl u ___ Izs re, ....-- ,7-'..----:: j VI'I I- a ' cri ! 0 CO ......'' - I—I ui I— I ..., Z - w 1-1 x ix z CC1 Lu ° / us n 1- 1,. i rZ L.L.,iX Lai I- I CL i L: 4-I 2 0 w Li-I I-I b, LLI i co V 0 LP LIS cc iVI .......-• ..r, • ... _ 0 0 int •„,1' t.,. "as.... I u z "1 c9 0 - ' t Na F- F.4 Z uj it 47Z 7 562.''''',1r U th co n .._ 2-- ,..) z LL' Q4,9s n-, M.CC LU ILI '-LI -, •Pg ... IN. 'f r•:‘_ CO ..") 3 ILI 1- z LT z. - ./ Li-x O. Q ''---- n•• co co• ,,, 0 MI IL .--. 1.- r) 4/ LLI Ct. CI- Li. re .-2 1 1- co f...i zwuJzz .. . .-- i a0022 . • r4.' ,y,,, 0 r a a s•••• $ ..,.`" ..../ •t• t- i--- r , t-- - 1 i 0 .... . 1/4C, l.r. •-• fr• 0. .7 00 rri • il iiii}c1 .j 0 < :rj p 71, 07. m ert v Ill Z _, .7 rr: n^. .g• Ir. 1 , 11, ,-- RI r V 7 F to •:7 •ef. - Ln 1 CI! aN :7 ID I.P !!.• Cr, CD .7 g tt. I . _ I _ . _ FXI r••4 r'FI IN Ni ITI' ,-- . r" I. I- .e 7 ,s r6 0., :: 0 ,,x) en R I - - - I- I- I LIA '"C.‘ - rn ..-- ... ,,,, •,- rn ..... u_i .41 .._ ry ..-1 .•• .- .- IN 1__. rft. In i,.., In tr, 'ED in Pel 0 t.j -• g _ U < 1-1•1 .- er C7' t...i<7. .ry C° .- IF/ C! F 4-1 ,...i 44 F...! I.14 LC,I.I4 , t4 t et I- -, • ,- - - - • - i...4 • , at) t..:, ..- CL.0, - r-- is5 ir. Lb - > - A- .• - t- I- \ 'X.Z 71- eiN 8 :4- 0 ,:r, N- 2 1— w ,,, — ;— ...‘0 rb r'' ti 8g88r87, 28 2 s z- L.-. un 7,4 LA tan nn ;kJ •cg as In q' V i". DU V f‘i VI vl VI III V) 0 k-' _I < ce \''...,..... ce ,-. f'N. re •N• e 7 Tv,. r`,.-' 1- 0 -In-CNif 1 - . .., U Li LL 4-1 A-4 LI U 22 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Sal, LU i rce0 / On jarti jo,,, 10, 2.010 before me, L,.)e, A(j 4r-J-- , Notary Public, ate Insert Name Notary exactly as it appears on the official seal personally appeared -D4r' --.. 511e:t ie,- Name(s)of Signer(s) 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/slaeithey executed the same in his/her/tieir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the - - WENDY ACKHART person(s), or the entity upon behalf of which the person(e) - •'r fry'.. Committlort#2139198 acted,executed the instrument. 1/4, » Notary Publlc Ctllilflrrtia AtI certify under PENALTY OF PERJURY under the laws of 1R� Co the State of California that the foregoing paragraph is true Camra.Satn Lula Q6iepa Expires Fela t,unt,y-,.. J and correct. Witness my hr_Zd and official seal. Signature LA-�Je r Place Notary Seal Above Signature of Notary Pu. is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 0 Individual 0 Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General 0 Partner ❑Limited 0 General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT El Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: El Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 C2 C <�2�v:.32�•�-.�2�2Tta:tet 2�2�2�2�2 2�2�2�C�e�C�C...• ta^`2 2�2 2 t 2 2!s�t�•�:_•.-�<.:�2.�C.�C�2 C����C �2 at.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of_5AL5_0+�L Sea On J hIILAyal ((. Zo2D before me, G TItU12.C" A/O le P(/■ G Date ere Insert Name an. Title of the Officer personally appeared \ • JP1'M ES die Sm A Name(s) of Signer(s) 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 KELLY WETMORE is true and correct. Notary Public-California Z WITNESS my hand and official seal.'`° San Luis Obispo County > , Commission#2181303 My Comm.Expires Feb 21,2021 Signature "k► •ig re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: ! Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Gti✓:C✓:'✓ ✓:�✓:C✓,:C✓:C✓:<✓:�✓:C✓: ;�::�✓.�✓:'✓:'✓:C✓: 'ai:'✓i,�•✓. ✓ ✓.✓. ✓.✓. 'moi-✓ ..*,L.: �,. .0.�...ism-.�.:�.:�-:�.:�.'�.t::�.�.�✓: _ _ � � - ._. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 END OFDC)GVM