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TRANSCRIPT
TO BOARD OF DIRECTORS
REVIEWED: MARIO IGLESIASGENERAL MANAGER
FROM PETER V. SEVCIK, P.E.DIRECTOR OFENGINEERING & OPERATIONS
DATE SEPTEMBER 19,2019
ACCEPT OFFER OF WATER AND SEWER IMPROVEMENTS,EASEMENTS, AND DEED RESTRICTIONS AND AUTHORIZE CASH
BOND AGREEMENT FOR TRACT 2558
ITEM
Accept offer of water and sewer improvements as well as easements and deed restrictions and
authorize a cash bond agreement for Tract 2558, a 15 parcel residentiaL development o1
Magenta Lane in Nipomi IRECOMMEND ADOPT RESOLUTION ACCEPTING OFFER OF
luÈnovrn¡ENTS, EASEMÈNTS, AND DEED RESTRIcrtoNs AND AUTHoRIZE GENERAL
MANAGER TO EXECUTE CASH BOND AGREEMENT],
BACKGROUND
Upon completion of a developer's project, the District accepts improvements for the project after
ati requirements have been met. Kerre McCall, the developer of Tract 2558, a 15 parcel
residential development on Magenta Lane, has met the District's standard conditions except for
providing the stan'dard Engineei's Certification. The conditions that have been met include:
. lnstalled water and sewer improvements that are to be dedicated to the District
. Paid associated capacity charges
. Provided an Offer of Dedication
. Provided required easements
. Provided project as-built drawings
Regarding the Engineer's certification, the developer did not engage an engineer to periodically
insþect tñe improvements during construction as required by the Plan Check and lnspection
Agieement. Thus the engineer ié not willing to provide.the standard Engineer's Certification. ln
lieu of the standard Eng'íneer's Certificatiõn, the engineer did provide a modified Engineer's
Certification.
ln light of the fact that the improvements were constructed without periodic inspection by an
"ngiñ""r, staff is recommending that the developer be required to prgvidg the District with a 5
yeãr maintenance bond to mitigate some of the risk to the District in accepting the
írprou"r"nts without the standarð Engineer's Certification. The developer has agreed to do so
in itre form of a cash bond. District Counsel has prepared a Cash Bond Agreement to govern
use of the bond and it is recommended that your Board authorize the General Manager to
execute the agreement [Attachment K].
Regarding the plan Check and lnspection Fees, the developer may owe the District for
insõectioñ and other costs which have yet to be billed by the District, Historically, the District
AGENDA ITEM
D-3SEPTEMBER 25 2019
TIBOARD MATTERS\BOARD MEETINGS\BOARD LETTER\20'19\190925 ACCEPT TTACT 2558 IMPTOVEMENTS'DOCX
ITEM D.3, ACCEPT OFFER OF WATER AND SEWER IMPROVEMENTSAND EASEMENTS FOR TRACT 2558SEPTEMBER 25, 2OI9
PAGE 2
has recovered these costs after the Board accepts the project as part of staff's project close out
procedure. Staff will not physically set water meters until all of these costs are paid and all
project conditions are satisfied.
FISCAL IMPACT
The developer paid a District Capacity Fee Deposit in the amount of $31 1,770. The project's
plan check and inspection account has a balance of approximately $5,000.
RECOMM NDATION
By motion and roll call vote, adopt the attached Resolution to accept offer of water
improvements, easements, and deed restrictions for Tract 2558 and authorize the General
Manager to execute the attached Cash Bond Agreement.
ATTACHMENTSÀ. Resolution 2019-XXXX Accepting Tract 2558B. Easement Deed Lots 1, 2, and 6 through 15 of Tract 2558- Resolution Exhibit A
C. Deed Restriction Lots 1 , 2, and 6 through 15 of Tract 2558 - Resolution Exhibit B
D. Easement Deed Lot 3 0f Tract 2558 - Resolution Exhibit cE. Deed Restriction Lot 3 0f Tract 2558 - Resolution Exhibit D
F. Easement Deed Lot 4 0f Tract 2558 - Resolution Exhibit E
G. Deed Restriction Lot 4 0f Tract 2558 - Resolution Exhibit F
H. Easement Deed Lot 5 0f Tract 2558 - Resolution Exhibit G
l. Deed Restriction Lot 5 0f Tract 2558 - Resolution Exhibit H
J. Easement Deed Portion of Magenta Lane - Resolution Exhibit I
K. Cash Bond Agreement
T;\BOARD MATTERS\BOARD MEETINGS\BOARD LETTER\2019\190925 ACCEPT TfACt 2558 IMPTOVEMENTS'DOCX
SEPTEMBER 25, 2OT9
ITEM D-3
ATTACHMENT A
NIPOMO COMMUNITY SERVICES D¡STRICTRESOLUTION NO. 2OIg.XXXX
A RESOLUTION OF THE BOARD OF DIRECTORSOF THE NIPOMO COMMUNITY SERVICES DISTRICT
ACCEPTING TRACT 2558 EASEMENTS, DEED RESTRICTIONS,WATER IMPROVEMENTS, AND SEWER IMPROVEMENTS
WHEREAS, Squirrely Neal, LLC (herein the "Owner") is the owner of certain real
property identified as Tract Map 2558 (herein the "Project") situated within the Nipomo
Community Services District (the "District") on Magenta Lane in Nipomo; and
WHEREAS, the District approved the construction plans on February 12, 2007, for the
water and sewer improvements to be constructed to serve the Project; and
WHEREAS, the water and sewer improvements have been constructed and said
improvements are complete and certified by the Owners' Engineer; and
WHEREAS, Owner has since sold some of the lots within the Project; and
WHEREAS, on August 16,2019, Owner offered the water and sewer improvements to
the District; and
WHEREAS, all water and sewer capacity fees for service required in conformance with
District ordinances have been paid for the Project; and
WHEREAS, Owner has offered to the District a water and sewer easement ("Easement")
for Lots 1 , 2, 6,7, 8, 9, 10, 11 , 12, 13, 14, and 15 of the Project (Exhibit A); and
WHEREAS, Owner has offered to the District a deed restriction and agreement for Lots
1, 2, 6,7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Project (Exhibit B); and
WHEREAS, Lots 3 and 4 of the Project are currently owned by Salvador Rivas and
Alyssa Rizo and they have offered to the District a water and sewer easement these lots
(Exhibits C and D, respectively); and
WHEREAS, Salvador Rivas and Alyssa Rizo have also offered to the District a deed
restriction for Lots 3 and 4 of the Project (Exhibits E and F, respectively); and
WHEREAS, Tim Haddad currently owns Lot 5 of the Project and has offered to the
District a water and sewer easement for said lot (Exhibit G); and
WHEREAS, Tim Haddad has also offered to the District a deed restriction for Lots 5 of
the Project (Exhibit H); and
WHEREAS, John Mussell and Mary Ann Mussell currently own the property adjacent to
the project that includes a portion of Magenta Lane wherein certain water and sewer
improvements have been constructed to serve the Project and they have offered to the District a
water and sewer easement for this portion of Magenta Lane (Exhibit l); and
WHEREAS, the District wishes to accept the easements and deed restrictions attached
hereto without obligation, except as othen¡vise required by law.
NIPOMO COMMUNITY SERV¡CES DISTRICTRESOLUTION NO. 201 g-XXXX
A RESOLUTION OF THE BOARD OF DIRECTORSOF THE NIPOMO COMMUNITY SERVICES DISTRICT
ACCEPTING TRACT 2558 EASEMENTS, DEED RESTRICTIONS,WATER IMPROVEMENTS, AND SEWER IMPROVEMENTS
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BOARD OF
DIRECTORS OF THE NIPOMO COMMUNITY SERVICES DISTRICT AS FOLLOWS:
1. The above recitals and findings are true and correct and incorporated herein by
reference.
2. That the water and sewer easements and deed restrictions and agreements for Tract
Map 2558 attached hereto as Exhibits A, B, C, D, E, F, G, H, and l, inclusive, are
hereby accepted.
3. Staff is ordered to execute and record in the Official Records of the Clerk-Recorder of
San Luis Obispo County the easements and deed restrictions and agreements
attached hereto as Exhibits A, B, C, D, E, F, G, H, and l.
4. That the water and sewer improvements constructed to serye Tract Map 2558 in
Nipomo are accepted by the District.
S. That staff is authorized to set water meters to serve the Project once all easements
and deed restrictions and agreements have been recorded, all outstanding Plan
Check and lnspection Fees have been paid, and all Project conditions are satisfied'
On the motion by Director seconded by Director and on the
following roll call vote, to wit:
AYES:NOES:ABSENT:CONFLICTS:
The foregoing resolution is hereby adopted this 25th day of September 2019
ED EBYPresident, Board of Directors
ATTEST APPROVED AS TO FORM ANDLEGAL EFFECT:
MARIO IGLESIASGeneral Manager and Secretary to the Board
WH¡TNEY G. MCDONALDDistrict Legal Counsel
2
SEPTEMBER 25, 2OT9
ITEM D-3
ATTACHMENT B
RECORDING REQUESTED BY:NIPOMO COMMUNITY SËRVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA 93444
NO FEE PER GOVERNMENT CODE 6103
A portion of APN #: 092.581.001092-581-002092.581-006092.581-007092-581.(}08092.581.009092-581-010092-581-011092.581-012092-581-013092-581.014092-581-015
GRANT OF EASEMENT AND
AGREEMENT AFFECTING REAL PROPERTY
Exhibits lncorporated by Reference:
Exhibit "4" - Real Property Legal DescriptionExhibít "8" - Legal Description of Easement Granted to District
Exhibit "C" - Depiction of Easement Granted to District
THIS GRANT OF EASEMENT AND AGREEMENT AFFECTING REAL
PROPERW (herein "Agreement") is entered into &-l,b2A-l ? ,by and between $quinelv Neal. LLC (herein "Grantor") and the Nipomo
Community Services District, a political subdivision of the State of California,
(herein "Grantee" or "District") with reference to the following Recitals:
A. Grantors own certain real property (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described below and depicted in Exhibit "4".
l_
B. Grantors are improving said Real Property including the
construction of certain utilities that will be dedicated to the District for operation
and maintenance ("District Facilities)".
C. Grantors desire to convey utility easements to Nipomo Community
Services District over portions of said Real Property for the purposes
referenced in this Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged the parties hereto agree as follows:
1. GRANT OF EASEMENT
Grantors, hereby grant and convey to the Nipomo Community Seruices
DistriCt a utility easement (herein "Easement" Or "Easement Area"), more
particularly described in Exhibit "B" and as depicted in Ëxhibit "C"
2. PURPOSE
The purpose of the Easement is the present and future construction,
reconstruction, operation, repair, and maintenance of District facilities, including
water pipelines, sewer pipelines, and other utilities operated by the District, from
and after said utilities are dedicated and accepted by the District (herein
"District Facilities"), in such manner and size and with such accessory parts and
structures, as the District or its successors in interests from time to time deem
necessary.
3. MAINTENANCE AND REPAIR
It is anticipated by the parties that construction, repair, replacement and
inspection of District facilities will be performed by District within said Easement
Area. Therefore, Grantor(s) covenants, promises and agree as follows:
A. District shall have the right of ingress and egress for personnel,
vehicles, and construction equiprnent to, from, and along the Easement Area at
2
any time, without prior notice, including the right to use lanes, drives, rights-of-
way, and roadways within the Real Property which now exist or which
hereinafter may be constructed, as shall be convenient and necessary for the
purpose of exercising the rights herein, and herein above, set forth.
B. The Grantor(s) shall not construct or permit others to construct
utilities or improvements on, over, or under the Easement Area, such as
retaining walls, fences, patios, trees and/or shrubs which could obstruct
District's access to the Easement Area, or cause damage to District Facilities
contained within the Easement Area, without first receiving the written approval
of District.
C. Grantor(s) shall remove improvements and or utilities constructed
in violation of Paragraph B, above, immediately at Grantor's expense' lf
Grantors do not remove the improvements, District is authorized to enter the
Easement Area and remove them. District shall charge all costs, lncluding
administrative costs, for the removal of said improvements to Grantors,
individually and/or collectively.
D. Grantor(s), jointly and severally, agree to indemnify, defend, and
hold harmless District and its agents and employees from any claims, suits, or
losses of any kind (including attorney's fees and court costs) or any damages
occurring to or within the Easement Area and/or any adjacent real or personal
property due to District's exercise of its rights to remove improvements,
pursuant to Paragraph C, above and/or the Districts construction, operation,
repair and maintenance of District Facilities.
E. District has the right to enforce all reimbursement remedies
described in Paragraphs C and D, above, by all means available to the District'
4. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed'
Any oral representations or modifications concerning this Agreement shall be of
3
no force and effect excepting a subseguent modification in writing, signed by
the party to be charged.
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor(s) shall be considered for all purposes
to be both covenants and conditions that shall run with the land and be binding
on the successors and assigns of the Granto(s) and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
E. This Easement and Agreement Affecting Real Property shall be
recorded in the Official Records in the County Recorder's Office, San Luis
Obispo County.
F, Recitals A through C are incorporated herein by reference as
though set forth at length.
G. The Agreement shall be governed by the laws of the state of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court.
5. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purpofted to be represented by such entity(ies), person(s), or
firm(s) and that all formal requirements necessary or required by any state
andlor federal law in order to enter into this Agreement have been fully
4
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon.
ililllll
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S):
be [Slgnature must bo Notarlzedl
/Y-- l^to L
or prlnt ftype or prlnt namel
Date 3-l t''l ?
fìEt: A'l IACHr'l) FOßM f0nNOTÂfiY CËRTiFICATF
q
A notary public or other officer completing this certificate verifies only the identlty of the individual who slgned the
docunreni lo whlch this certificate ls attached, and not the truthfulness, âócuracy, or valid'tty of that documant'
cALtFORNtA ALL-PURPOSE ACKNOWLEDGMENT clvlL coDE s 1189
t<vÆ6r$t
State of California
County of San Luis Obispo
, Notary PublicOn ,l tLt "¿o & before me,
Date Name and Title of the Offícer
personaìly appearedof Signerþ)
I certify under PENALTY OF PEHJURY under the lawsof the State of that the foregoing paragraPh
Ì\i. iili llriNoi.lív !:iifjl:. i¡lí''brri¡S:ri] l.lris Ciiistc ai)l'livCo,rì:',liliìí,íì ;t ,l ,Ìill ì:1:i
ñly i tri.rrr¡.':'l¡"1rr':l :t,i :'., )l )i
is true and oorrect.
WITNESS my hand
Signature of
Place Notary $ea/AboveOPTIONAL
Though fi¡ls secfibn is optional, compteting this information can deter alteration of the document orfraudulent rsattachment of thls form to an unÍntended document.
DescriptÍon of Attached ÞocumentTitle or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Gapacity(ies) Glaimed by Signer(s)Signer'e Name; Signø's Name:
tr Corporate Officer - Titfe(s): [J Corporate Officer - Title(s):
{
C
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
sinsóriOeO to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(es), and that þy his/h-er/thelr signature(s) on the instrument the person(s),
or the entity upon behalf of whieh the person(s) acted, executed the instrument.
seal
¡:
n Partner - ll Limited I Generaln lndividual tr AttorneY in Factü Trustee I Guardian or Conservatorü Other:
Signature
tl Partner - tr Límited tr Generaln lndividual ü AttorneY in Factn Trustee tr Guardian or Conservatorü Othen
Signer ls Representing: Signø ls Representing:
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE S278r
This is to certify that the Nipomo Community Services District, Grantee,
herein, by Board action on , ,,20-, accepts for public
purposes the real property, or interest described in the foregoing Easement and
Agreement, dated ,20-, from Grantors, and ConSents to the
recordation thereof.
Nipomo Community Services District
Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services District
6
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEEDBENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THEPROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT,
The undersigned, beneficiary under that certain deed of trust recorded April 30,
2019, as Document No, 2019-015647 Official Records of the County of San
Luis Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the within instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyances as to any rights
granted and to be granted to County pursuant to this instrument.
Dated
American Riviera BankBeneficiary under Loan No, 749703781
o
CALIFORNIA ALT.PURPOSE ACKNOWTEDGMENT ctvtL coDE g 1189
A notary public or other gfficer completing this certificate verifies only the identity of the individual who signed the document
to which thís certificate is attached, and not the truthfulness, accuracy, or validity of that document.
state of
County of
Ont\
before me,Date lnsert Nome ond Title of Officer
personally appeared \\ri \ fu?,9"n{€-Nomels/ of Signe(s)
who proved to mê on the basis of satisfactory evidence to be the Personþ)'írhose n a nu*td isl*re"su trscd bed
to the within lnstrument and acknowledged to me that he/slælther€xecuted the same ln hlslhsïlthe*authorized capacitY(lea'), and thupon behalf of which the Perso
at by his/herlthei r signature{af on the lnstrument the person{¡'[ or the entltyn(g1 acted, executed the ¡nstrument.
U{LY BRUSH
Notðry Public' CaliforniðSan Luis 0bisPo CountY
Commission t 7272012Lly Comm. ExPires Der 20, 2022
Ptoce Notory Seol and/or Stomp Above
I
I certify under PENALTY OF PERJURY under thelaws of the State of California that the foregolngparagraph is true and correct.
WITNESS my hand and official seal.
Signatuof Notary Public
OPTIONAL
Compteting this information con deter olteration of the document orfrqudutent reattochment of this form to an unintended document'
Description of Atteched Docume
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capaclty(ies) Signer(slSigner's Name:
Ftr
Corporate Officer - Title(s):Partner- tr Limited Ë General
tr lndividuêl tr Attorney in Foct
E Trustee n Guardian of Conservator
tr Other: . ¡Signer is Representing:
Number of Pages: 1
Signer's Name:tr corporate officer - Title(s):tr Partner* tr Limited tr Generaltr lndividuôl E AttorneY in Factü Trustee u Guardian of Conservator
tr Other:Signer is Representing:
-
,&
O2O17 National Notary Association
EXHIBIT AljNDS OF SQUIRRELY NEAL
REAI PROPERW TEGAL DESCRIPTION
LOTS 1, 2 AND 6 THROUGH 15 OF TRACT 2558- OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558
AS SAID MAP WAS RECORDED ON OCTOBER 23,2OL8 IN BOOK 37 OF MAPS AT PAGES Sl THROUGH 84
INCLUSIVE, AND AS AMENDED ON MARCH 18,2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76
INCLUSIVE IN THE OFFICE OF THE COUNW RECORDER OF THE COUNTY OF SAN L
.l b.l 1
7690
Ë,XP
EXHIBIT B
I.ANDS OF SqUIRRELY NEAI
LEGAT DESCRIPTION OF EASEMENT GRANTED TO THE NCSD
ALL THAT REAL PROPERTY IN THE UNINCORPORATED AREA OF SAN LUIS OBISPO COUNTY IN THE STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
PORTIONS OF TRACT 2558 - OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAs
RECORDED ON OCTOBER23,2OL8 IN BOOK 37 OF MAPS AT PAGËs Sl THROUGH 84 INCLUSIVE, AND
AMENDED ON MARCH 18, 2019 IN BOOK 38 OI MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN ÏHE
OFFICE OF THE COUNry RECORDER OF THE COUNTY OF SAN LUIS OBISPO, SAID PORTIONS DESCRIBED
AS FOLLOWS:
PARCET 1
THAT PORTION OF PRIMROSE LANE AS SAID PUBTIC ROAD IS OFFERED FOR DEDICATION TO THE PUBLIC
FOR STREET PURPOSES ON THE ABOVE DESCRIBED MAP OF TRACT 2558 MORE PARTICUTARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 AS SAID LOT IS SHOWN ON THE ABOVE
DESCRIBED MAP OF TRACT 2558, AT A POINT IN THE SOUTHEASTERLY LINE OF SAID PRIMROSE LANE,
THENCE ALONC THE LINE COMMON TO LOTS 1 AND 2 OF TRACT 2558, AND PRIMROSE LANE NORTH 55"
28' A7" ËAST 120,60 FEET TO THE NORTHEASTERLY CORNER OF LOT 2;
THENCE PERPENDICUTAR TO THE SOUTHEASTERLY LINE OF PRIMROSE LANE NORTH 34'31' 53'WEST
4O.OO FEET TO A POINT IN THE NORTHWESTERLY LINE OF PRIMROSE LANE AND THE NORTHWESTERLY
BOUNDARY OF TRACT 2558;
THENCE AION6 SAID NORTHWESTERLY BOUNDARY SOUTH 55" 28'07" WEST L2O,57 FEET TO THE MOST
WESTERLY CORNER OF TRACT 2558;
THENCE ALONG THE SOUTHWESTERTY BOUNDARY OF TRACT 2558 SOUTH 34" 29' 23' EAST 4O.OO FEET
TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION CONTAINING 4824 SQUARE FEET,
MORE OR LESS.
PARCET 2
THAT PORTION OF PRIMROSE LANE AND MAGENTA LANE AS SAID PUBLIC ROADS ARE OFFERED FOR
DEDICATION TO THE PUBLIC FOR STREET PURPOSES ON THE ABOVE DESCR¡BED MAP OF TRACT 2558
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE NORTHWESTERLY CORNER OF LOT 6 AS SAID LOT IS SHOWN ON THE ABOVE
DESCRIBED MAP OF TRACT 2558, AT A POINT IN THE SOUTHEASTERLY LINE OF PRIMROSE LANE, THENCE
ALONG THE LINE COMMON TO LOTS 6, AND PRIMROSE LANE A5 SAID LOTS AND STREETARE SHOWN
ON THE MAP OF TRACT 2558 NORTH 55'28'07' EAST 42.23 TEÊT;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3O.OO FEEÏTHROUGH A
CENTRAL ANGLE OF 90' OO'55" AN ARC DISTANCE OI 47.T3 FEET TO A POINT IN THE WESTERLY LINE OF
MAGENTA LANE
THENCE ALONG SAID WESTERLY LINE THE FOLLOWING COURSES:
sourH 34'30'58" EAST 224.98ËEET;
souTH 34" 27',18', EAST 100.00 FEET;
SOUTH 34' 30'52 EAST 25,18 FEETTO AN ANGLE POINT IN THE SOUTHEASTERLY BOUNDARY OF TRACT
2558;
THENCE ALONG SAID SOUTHEASTERLY BOUNDARY NORTH 55' 30''05,, EAST 22.04'TO A POINT IN THE
NORTHEASTERLY LINE OF TRACT 2558;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 34" 30' 52" WEST 420.18 FEET TO THE MOST
NORTHERLY CORNER OF TRACT 2558;THENCE ALONG THE NORTHWESTERLY LINE OF TRACT 2558 AND PßIMROSE LANE SOUTH 55" 28' 07'WEST 94.20 FEET;
THENCE PERPENDICULAR TO SAID NORTHWESTERLY LINE SOUTH 34" 3T' 53, EAST 4O.OO FEET TO THE
POINT OF EEGINNING AND TERMINUS OF DESCRIPTION CONTAINING 12,309 SqUARE FEET, MORE OR
1855.
PARCEL 3
ALL OF GREENHURST COURT AS SAID PRIVATE ROAD EASEMENT IS SHOWN ON THE ABOVE DESCRIBED
MAP OF TRACT 2558.
END OF DESCRIPTION
g.b"11
EXP lû'31.
17690
5
:tí¿;0
di
rg
¡È
s55'28'07"W 't20.57' s55'28'07"W 9+.20'[¡lar.lS'¡olf\l+?t,an
PRIMROSE LANE
t!*d)z
POINT OF BEGINNING(PARcEL 2)
\
LOT J LOT 4
TRACT 255838 lt 76
ïl--a=[J*Jeüsl.¡J
e{J
sut!U{
s3425.1
I 22.O4
ç4s2r* 9o.rl.)Ic
40.534'31'53"8
e90.00'55"
LOT 6
L=47.13'fil=42.23'
LOT 5LAT 2LOT ,'
(PARCËL 1)POINT OF
LOT 7
PARCEL 2(12J09* SO.FT,)
LOT I3 LOT 12
LOT 8LOT T4
LOT 10
LOT 9
LAT fl
LOT 15
IARST COURT
PARCEL 3(2Jeo6* SO.FT.)
EXP N, ,?l
17690
EXHIBT ,'C''
NCSD EASEMENT AT LOTS I, 2, & 6-15
mfr& lY sCâtE otE6Y1 INCH = 60 FEET
120600
SEPTEMBER 25, 2OT9
ITEM D.3
ATTACHMENT C
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA 93444
NO FEE PER GOVERNMENT CODE 6103
APN #: 092.581-001092-581402092-581-006092-581-007092.581.008092.581-009092.581.010092-581-011092-581-012092.581.013092-581-014092-581.015
DEED RESTRICTION AND AGREEMENT AFFECTING REAL PROPERW
Exhibits lnoorporated by Reference:
Exhibit "4" - Real Property Legal Description
THIS DEED RESTRICTION AND AGREEMENÎ AFFECTING REAL
PROPERTY (herein "Agreement") is entered into t-tb204-., by and between Sqr.linel[Neal. LLC (herein "Granto/') and the Nipomo
Community Services District, a political subdivision of the State of California,
(herein "Grantee" or "District") with reference to the following Recitals:
A. Grantor owns certain real property (herein "Real Property")
located within the Nipomo Comrnunity Services District, County of San Luis
Obispo, more particularly described in Exhibit'4".
B. Grantors are improving said Real Property and desire the District
to provide water and sewer service for the property.
1
NOW, THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged the parties hereto agree as follows:
1. DEED RESTRICTIONS
A. Grantor agrees and acknowledges that the use of self-
regenerating water softeners on Real Property or any portion thereof is
prohibited.
B. Grantor agrees and acknowledges that the use of wells to provide
domestic water service to Real Property or any portion thereof is prohibited.
2. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this Agreement
shall be of no force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs'
C. The obligations of Grantor shall be considered for all purposes to
be both covenants and conditions that shall run with the land and be binding on
the successors and assigns of the Grantor and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
2
E. This Deed Restriction and Agreement Affecting Real Property
shall be recorded in the Official Records in the County Recorder's Office, San
Luis Obispo County.
F. Recitals A and B are incorporated herein by reference as though
set forth at length.
G. The Agreement shall be governed by the laws of the State of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court-
3. AUTHORITY TO EXËCUTE.
All parties to this Agreement wanant and represent that they have the
power and authority to enter into this Agreement in the names' titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that allformal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby wanants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon.
illlilil
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
3
GRANTO
[Slgnatuae mu¡t be Notarlzodl
{tnr* }l.-"CtL{mãõrpãn emsf
Date: t -l
$EãAryìçHËD ËOñM TORl1lcli[ff]tËHTlËtü&IE
ffype or pr¡nt namol
4
A notary public or other officer completing this cerlificate vorifies only the idenlity of the indfuidual who signed the
Oocuméni to whlch this certlflcate is altaclied, and not the truthf ulness, €¡cturacy, or validlty of that document,
cALtFORillÀ ALL-PURPOSË ÀCKNOWLEDGMENT clvlL coDE s 1189
lcfr:ryr¡P,***¿
State of Galifornia
County of San Luis Obispo
+ tu 2nq before me,
Date
] t ,NotaryPublichOn
personally appearedglre HercJnseft
L Lc,Name(s) of
and Title of the Offlcer
who proved to me on ihe basis of satiefactory evidence to be the person(s) whose name(s) is/are
suosirioea to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capaoity(ies), and that by his/hãr/their signaturds) on the instrument the person(e),
or the entity upon behalf of whlch the person(s) acted, executed the instrument.
I certity under PENALW OF PERJURY under the lawsof the-State of California that the foregoing paragraph
is true and correct.
WITNESS my hand seal.
Ì\rr",r.Y
M.V'',!lìÍ!?i,::lìc {;:ììl*rn!¡
I Partner - tr Limited ñ Generaltr lndividual I AttorneY in Factn Trustee I Guardian or Conservatorn Other:
Signatureof Notary Publlc
n Partner - tr Limited Ú Generaln tndividual tr AttorneY in Factn Trustee n Guardian or ConservatorE Other:
S;l¡r L'.iis
írjr:-rftì'-.:rilrì(..: tt t ii ¡, i_...:: iri r
: ¿,,
0'iìtilc a'l!11tvI ;2t1 li5
Jrrì ¿,;Ìt21hi'¡
Plaee Notary Sea/ ÁboveOPTIONAL
Though f/z's sectlon is optionat, completíng this lnformatìon can deter alteraüon of the document orfraudulent reattachment of this form to an unintended documant.
Description of Attached DocumentTitle or Type of Document: Document Date:
Numþer of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)Signer's Name: Signø's Name;
E Corporate Offìcer * Title{s) tr Corporate Officer - Titlds):
Signer ls Representing Signer ls Flepresenting:
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE S278r
This is to certify that the Nipomo Community Services District, Grantee,
herein, by Board action on ,2A-, accepts the
foregoing Deed Restriction and Agreement, dated
z}-_,from Grantors, and consents to the recordation thereof.
Nipomo Community Services District
Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager andNipomo Community Services Ðistrict
Secretary
5
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEEDBENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THEPROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT.
The undersigned, beneficiary under that certain deed of trust recorded April 30,
2019 as Document No. 2019-015647 Official Records of the County of San Luis
Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the withín instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyances as to any rights
granted and to be granted to County pursuant to this instrument.
Dated ,8" /4 -/?
American Riviera BankBeneficiary der Lo 749703781
"7
CALIFORil¡A ALL.PURPOSE ACKNOWIEDGMENl crvrL coDE g 1189
A notary public or other officer completing this certificate verifies only the identity of the indivldual who signed the document
to whÌch this certificate is attôched, and not the truthfulness, accurôcy, or validity of that document.
State of rnla
County of
IOn before me,
Date lnseft Nome ond of the Offîcer
personally appearedNome/sl of Signeís)
who proved to me on the basis of satisfaclory evidenco tü be th€ personþ|,r,'rhose name(*)'lsla¡trsubscribedto thè within instrument and acknowledged to me thst heichelthey executed the same in hisllr*rlibei¡-âuthorized capðciiy(ie{i and tlìat by his/{*e*Étheir sígnäture{å, on the lnstrument the persoCIm' or the entityupon behalf of which the personþ| acted, executed the instrument.
E}TILY BRUSH
Notðry Public ' C¿lifornias¡n Luis obisPo CounW
Commi¡sion t 2272032
I certify under PENALTY OF PERJURY under thelaws of the State of California that the foregoingparagraph is true and correct.
WITNESS my hand and official seal.
Signatureof Notory Public
Number of Pa ges: llL
I'ty Comm, ExPi re¡ Dec 20, 2022
Ptoce Notory Sedl ond/or Stomp Above
OPTIONAL
Comptetíng this informotion con deter olterotion of the dacument orfroudulent reattachment of this farm to an unintended document'
Descrlption of Attached ment*Title or Type of
Document Date:
ent;
Signe(s) Other Than Named Above:
Capacity(les) Cla SlgnSigner's Name Signer's Name:
J¿rCorporate Offìcer - Title(s) El Corporate Offìcer - Title(s)in Pârtner- tr Limited tr Generaltr lndlvidual tr Attorney in Fact
E Trustee n Guardian ol Conservator
E Other:Signer is Representing
*þÞKS&{&þ{tñ#*i+fi*Keiff¡{ldi$:,t{df#nffi##a{*8ft1ùrüÞ¡ii{J*!uþ!¡€{l,l¿}{$rñüð{r,{ffi$
@2017 Notional Notary Association
tr Partner- E Limited D Generaltr lndividusl n Attorney in Fact
tr Trustee n Guardian of Conservator
o Other:Signer is Representing:
-
EXHIBIT A
TANDS OF SQUIRRELY NEAL
REAL PROPERTY LEGAT DESCRIPTION
LOTS 1, 2 AND 6 THROUGH 15 OF TRACT 2558- OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558
AS SAID MAP WAS RECORDED ON OCTOBER 23, 2018 IN BOOK 37 OF MAPS AT PAGES Sl THROUGH 84
INCLUSIVE, AND AS AMENDED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76
INCTUSIVE IN THE OFFICE OF THE COUNW RECORDER OF THE COUNW OF SAN LU
1' lb{01
SEPTEMBER 25, 2OL9
ITEM D-3
ATTACHMENT D
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICÏ
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA93444
NO FEE PER GOVERNMENT CODË 6103
A portion of APN #: 092-581 -003
GRANT OF EASEMENÏ AND
AGREEMENT AFFECTING REAL PROPERTY
Exhibits lncorporated by Reference:
Exhibit "A" - Real Property Legal DescriptionExhibit "B" - Legal Description of Easement Granted to DistrictExhibit "C" - Depiction of Easement Granted to District
THIS GRANT OF EASEMENT AND AGREEMENT AFFECTING iC¡IPROPERTY (herein "Agreement") is entered into
t-)t l¿3
t\,20 by and between to
interect and Alvssa Rizo.-a sinqle womqn. qS to an undivided (herein
"Grantor") and the Nipomo Community Services District, a political subdivision
of the Stâte of California, (herein "Grantee" or "District") with reference to the
following Recitals:
A. Grantors own certain real p'roperty (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described below and depicted in Exhibit "A'.
B. Grantors are improving said Real Property including the
construction of certain utilities that will be dedicated to the District for operation
and maintenance ("District Facilities)".
I
C. Grantors desire to convey utility easer.nents to Nipomo Community
Services District over portions of said Real Property for the purposes
referenced in this Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged the parties hereto agree as follows:
1. GRANTOF EASEMENT
Grantors, hereby grant and convey to the Nipomo Community Services
District a utility easement (herein "Easement" or "Easement Area"), more
particularly described in Exhibit "B" and as depicted in Exhibit "C".
2. PURPOSE
The purpose of the Easement is the present and future construction,
reconstruction, operation, repair, and maintenance of Districtfacilities, including
water pipelines, sewer pipelines, and other utilities operated by the District, from
and after said utilities are dedicated and accepted by the District (herein
"District Facilities"), in such manner and size and with such accessory parts and
structures, as the District or its successors in interests from time to time deem
necessary.
3. MAINTENANCE AND REPAIR
It is anticipated by the parties that construction, repair, replacement and
inspection of District facilities will be performed by District within said Easement
Area. Therefore, Grantor(s) covenants, promises and agree as follows:
A. District shall have the right of ingress and egress for personnel,
vehicles, and construction equipment to, from, and along the Easement Area at
any time, without prior notice, including the right to use lanes, drives, rights-of-
way, and roadways within the Real Property which now exist or which
2
hereinafter may be constructed, as shall be convenient and necessary for the
purpose of exercising the rights herein, and herein above, set forth.
B. The Granto(s) shall not construct or permit others to construct
utilities or imprOvements on, OVer, or under the Easement Area, such as
retaining walls, fences, patios, trees and/or shrubs which could obstruct
District's access to the Easement Area, or cause damage to District Facilities
contained within the Easement Area, without first receiving the written approval
of District.
C, Granto(s) shall remove improvements and or utilities constructed
in violation of Paragraph B, above, immediately at Grantor's expense. lf
Grantors Co not remove the improvements, District is authorized to enter the
Easement Area and remove them. District shall charge all costs, including
administrative costs, for the removal of said improvements to Grantors,
ind ividually and/or collectively.
D. Grantor(s), jointly and severally, agree to indemnify, defend, and
hold harmless District and its agents and employees from any claims, suits, or
losses of any kind (including attorney's fees and court costs) or any damages
occurring to or within the Easement Area and/or any adjacent real or personal
property due to District's exercise of its rights to remove improvements,
pursuant to Paragraph C, above and/or the Districts construction, operation,
repair and maintenance of District Facilities'
E. District has the right to enforce all reimbursement remedies
described in Paragraphs C and D, above, by all means available to the District.
4, MISCELLANEOUS
A. This Agreement contaíns the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representations or modifications concerning this Agreement shall be of
no force and effect excepting a subsequent modification in writing, signed by
the party to be charged.
3
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Granto(s) shall be considered for all purposes
to be both covenants and conditions that shall run with the land and be binding
on the successors and assigns of the Granto(s) and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
E. This Easement and Agreement Affecting Real Property shall be
recorded in the Official Records in the County Recorder's Office, San Luis
Obispo County.
F, Recitals A through C are incorporated herein by reference as
though set forth at length.
G. The Agreement shall be governed by the laws of the state of
California, Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court.
5. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that all formal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
4
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon'
llllilil
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S):le
fS¡gnature must be Notarlzodl
st ,-')o,t ?;r..s Jnor
Date - l'L'l
of
5
A notary public or other officer completing this cerlificate verifies only the identity of the individual who signed the
documéni to which this certificate is attached, and not ihe truthfulness, accuracy, or validity of that document.
cALtFORilt ALI.PURPOSE ACKIIOWIEDGMEilΠclvlL coDE s 1189
E{t
State of ta
of
)
)
ctl/1 (_On
Ðate
personally appeared
before me,Here
Name(s) of Sígne(s)
who proved to me on the basis of satisfactorY evidence to be the whose nam$|'-is@and acknowlodged me that exocutsd the same in
d that ínstrumsnt the persor{sþ
or the entity upon behalf of wh executed the instrument
I certify under PENALW OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.
WITNESS my official seal,
Signature
Place Notary SealAboveAPNONAL
Though fhrs sectlon is optional, completing thís informatíon can deter alteration of the document orfraudulent reattachment of this form to an unìntended document,
Description of Attached ?2^"* ,{¿(sYTitle or Type ofDocument Date: Number of Pages
Signe(s) Other Than Named
Capacity(ies) Claimed bySigner's Name: Signer's Name:
I Corporate Otficer - I Corporate Officer - Title(s):
[jPartner - I-] Limited tl Partner - n Limited fl
w,
tJ lndividualn Trustee! Other:Signer ls
in Factor Conservator
n lndividual[] Trusteetr Other:Signer ls
in Factor Conservator
ün
nn
JULIE YSGIAIAI'I
Commi¡slon # 2135295Notary Public . California
Los Angeles Countys Dec 25 20t 9Comm
02016 National Notary Association ' www.NationalNotary.org ' 1-800-US NOTARY (1 -800-876-6827) ltem#5907
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE 52781
This is to certify that the Nipomo Community Services District, Grantee,
herein,byBoardactionon-,20-,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and
Agreement, dated 2O_, from Grantors, and consents to the
recordation thereof.
Nipomo Community Services District
By:Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services District
o
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED
BENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,
CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT.
The undersigned, beneficiary under that certain deed of trust recorded June 20,
2019, as Document No. 2019-023671, Official Records of the County of San
Luis Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the within instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyances as to any rights
granted and to be granted to county pursuant to this instrument.
Dated (, (
Community Bank of Santa MariaBeneficiary under Loan No. 41229A800
f
't
A notary public or other otficer completing this certificate verifies only the identity of the individual who signed the
documãni to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CALIFORNIA ALL.PURPOSE ACKNOI¡ìÍLEDGMEI'IT CIVIL CODE S 1189
$â
State of California
County of Santa Barbara
On o8l1 q before me, Elise Fuentes Public
Date Here lnseft Name and Title of the Officer
personally appeared RandrrName(s) of Signe(s)
)
)
who proved to me on the basis of satisfactory. evidence to be the person(s) whose name(s) is/are
súbsórined to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized caóãiiivt¡"s1, and that by his/hlr/their signature(s) on the instrument the person(s),
or the entity upon behalf of whÍch the person(s) acted, executed the instrument'
I cerlify under PENALTY OF PERJURY under the laws
ol the'State of California that the foregoing paragraphis true and correct.
WITNESS my hand and seal.
Signatureof Notary Public
Place Notary Seal AboveOPTIONAL
Though thrs section is optional, completing this information can deter alteration of the document or
fraudutent reattachment of this farm to an unintended document.
ment Date: 7ltù(zo tq
Gapacity(ies) Claimed by Signer(s)Signer's Name:Signer's Name ! Corporate Officer - Title(s):I Corporate Officer - Title{s):
I Partner - tr Limited ! General
! lndividual n AttorneY in Fact
n Trustee I Guardian or Conservatortr Other:Signer ls Fìepresenting:
-
n Partner - n Limlted I General
! lndividual Ü AttorneY in FactI Trustee I Guardian or Consewator[] Other:Signer ls RePresenting:
ELISE FUËNTESCommlssion #212939S
Notarv FubllcCalÍlornia
SANTA BAÊBARA COUNWlrty Convnltsin hpkes &loöer 0, ?019
02014 National Notary Association . www.NationalNotary.org ' 1-800-US NOTARY (1-800-876-6827) ltem #5907
EXHIBIT A
LANDS OF RIVAS AND RIZO
REAI PROPERTY LEGAT DËSCRIPTION
LOTS 3 OF TRACT 2558- OAK TËRRACE AS SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED CIN OCTOBER 23,2AI8 IN BOOK 37 OF MAPS AT PAGËS 81 THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH ]"8, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFTICE OF THE COUNTY RECORDER OF THE COUNW OF SAN LUIS OBISPO,
1,tÈ'tq
EXHIBIT B
¡.ANDS OF RIVAS AND RIZO
LOTs-TRACT2558
LEGAL DESCRIPT¡ON OF EASEMENT GRANTED TO THE NCSD
ALL THAT REAI PROPERTY IN THE UNINCORPORATED AREA OF SAN LUIS OBISPO COUNTY IN THE STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
A PORTION OF TRACT 2558 _ OAK TËRRACE AS SHOWN ON THE MAP OI TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBER 23,20T8 IN BOOK 37 OF MAPS AT PAGES 81 THROUGH 84 INCLUSIVË, AND AS
AMËNDED ON MARCH 18, 20I"9 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN ÏHE
OFFICE OF THE COUNTY RECORDËR OF THE COUNTY OT SAN LUIS OSISPO, SAID PORTION BEING
DESCRIBED AS FOLLOWS:
THAT PORTION OF PRIMROSE LANE AS SAID PUBTIC ROAD IS OFFËRçD FOR DËDICAT¡ON TO THE PUBLIC
FOR STREET PURPOSES ON THE AEOVE DESCRIBEÐ MAP OF TRACT 2558 MORE PARTICULARLY
DESCRIBED A5 FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3 AS SAID LOT IS SHOWN ON THË ABOVE
DESCRIBED MAP OF TRACT 2558, AT A POINT IN THE SOUTHEASTERLY LINE OF PRIMROSE LANE, ÏHENCE
ALONG THË LINË COMMON TO LOT 3 AND PRIMROSE LANT NORTH 55" 28' 07" EAST 60.30 FEET TO THE
NORTHEASTERLY CORNER OF LOT 3;
THENCE PERPENDICULA,R TO THE SOUTHEASTERLY LINE OF PRIMROSE LANE NORTH 34" 3L'53, WEST
4O.OO FEET TO A POINT IN THE NORTHWESTERLY LINE OF PRIMROSË LANE;
ÎHENCE ALONG SAID NORTHWESTERLY LINE SOUTH 55" 28' 07" WEST 60.30 FEET;
THENCE PERPENDICULAR TO THE NORTHWESTERLY LINE OF PRIMROSE LANË SOUTH 34' 3L'53,, EAST
4O,OO FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION CONTAINING 2412
SqUARE FEET MORE OR LESS.
END OF DESCRIPTION
b þ
17690
1.tê.t1
baú
i
iIF
s55'28'07"W
PRTMROSI tÁlvf (40')l.r,iñ.r,
f')rtrt)u'l
ooC)\l
POINT OF BEGINNING
'\n'r,t tLOT 4
LÜT 2
#/'?
,r' CREINHUR r COURT(vnmnatr, wDTH)
C)o()* AREA
'7*?N55',28'07"E
60.30'
LAT g
TRACT 255856 M 73-76
20
'1 lNCl"l = 20 FEET
40EXHIBT
,,C''
NCSD EASEMENT AT LOl 3
xÀß aY
RBP
qEcx!! 8Y
5Rscar€
l" - 20'DÀIg
0?,/t6l1019
SEPTEMBER 25, 2OT9
¡TEM D-3
ATTACHMENT E
RECORDING REOUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipo-mqC A 93444
NO FEE PER GOVERNMENT CODË 6103
APN #:092-581.003
DEED RESTR¡CTION AND AGREEMENT AFFECTING REAL PROPERW
Exhibits lncorporated by Reference;
Exhibit "A" - Reâl Property Legal Description
THIS DEED RESTRICTION AND AGREEMENT AFFE NG REALT4
PROPERTY (herein "Agreement") is entered into
20 Tq , by and between
interesj and Alyssa Rizo. a sinele woman, as to an undivided % interest (herein
"Grantor")and the Nipomo Community Services District, a political subdivision
of the State of California, (herein "Grantee" or "District") with reference to the
following Recitals:
A. Grantor owns certain real property (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described in Exhibit "A"'
B. Grantors are improving said Real Property and desire the District
to provide water and sewer service for the property.
NOW, THEREFORE, for valuable consideration, receipt of which ís
hereby acknowledged the parties hereto agree as follows:
1. DEED RESTRICTIONS
A, Grantor agrees and acknowledges that the use of self-
regenerating water softeners on Real Property or any portion thereof is
prohibited,
B. Grantor agrees and acknowledges that the use oT wells to provide
domestic water service to Real Property or any portion thereof is prohibited'
2. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this Agreement
shall be of no force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor shall be considered for all purposes to
be both covenants and conditions that shall run with the land and be binding on
the successors and assigns of the Grantor and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
E. This Deed Restriction and Agreement Affecting Real Property
shall be recorded in the Official Records in the County Recorder's Office, San
Luis Obispo County.
F. Recitals A and B are incorporated herein by reference as though
set forth at length.
2
G. The Agreement shall be governed by the laws of the State of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court'
3. AUTHORITY TO EXECUTE.
All parlies to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that allformal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon.
illlilil
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be eflective the date the District executes the Certificate of
Acceptance.
cRANTOR(S)videdr le
nd
ê[Signature mu6t bs Notarizêd]
5,"\-^ )'"I iZ ¡r*s J , -rþITypê or print nameJ or namel
3
Date:*\
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documént to which this certìficate is attached, and not the truthfulness, accuracy, or validity of that document,
CAIIFORXIA ÀLL-PURPOSE ACKIIOWLEDGilIEI'IT CIVIL CODË S 1189t
State of rnia
of
On before me,
Date
personally appearedq.Õ
Here
Name(s) of Signer(Q
Title the
who proved to me on the basis of satisfactory evidence to be thewithin instrumentgnd acknowledged to..r¡e that
r i z e d c a pacit¡{66fa n d t h at by- h islhe dtñè i Éì g n at u
behalf of which the pers@pàcted, executed the
subscribed -lo the¡¡gþsr/tñãrruthoor the entity upon
samethe
instrument.
I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.
WITNESS my official seal.JULIE
Commisslon # 2135295Notary Publlc - Callfornia
Los Angeles CountY
Comm Dec 2å,2019
Place Notary Seal AboveOPTIONA'L
Though this sectíon is optional, completing this information can deter alteration of the document orfraudulent reattachment of thís form to an unintended document.
Description of Attached ÞTitle or Type of DocuDocument Date: Number of Pages:
Signe(s) Other Than
Capacity(ies) Claimed by Signer(slSigner's Name: Signer's Name:
tr Corporate Otficer - Title(s) n Corporate Officer -n Partner - ! Limited n D Partner - flLimited General
n lndividualI Trusteetl Other:
n Attorneyn or Conservator
Signer ls Representingn Other:Signer ls
tr lndividual[] Trustee
in Factor Conservator
02016 Naiional Notary Association ' www'NationalNotary'org ' 1-800-US
f,
(1-800-876-6827) ltem#5907
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE S278r
This is to certify that the Nipomo Community Services District, Grantee,
herein, by Board action on 20-., accepts the
foregoing Deed Restriction and Agreement, dated
z}-,from Grantors, and consents to the recordation thereof.
Nipomo Community Services District
Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services District
4
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEEDBENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT,
The undersigned, beneficiary under that certain deed of trust recorded June 20,
2A19, as Document No. 2019-023659, Official Records of the County of San
Luis Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the within instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyances as to any rights
granted and to be granted to County pursuant to this instrument.
}.at
Community Bank of Santa MariaBeneficiary under Loan No. 412287200
IP
5
A notary public or other otficer completing this cedificate verifies only ihe identity of the individual who signed the
documéni to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
cALtFORNtA ALL-PURPOSE ACKHOWLEDGMENT clvlL coDE s 1r89çQeRßûF,¿!êçËÊ¡*rt*fl Þ?¡Êãâ4f€ðs',d3i
State of California
County of Santa Barbara
On nB/1Ê/1 g before me, Flíqo Fucnles Þr rhlin
Date Here lnsert Name and Title of the Officer
personally appeared Ranclv rê r*tf** * ** *****
Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to b9 lhe person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshe/they executed the same in
his/her/their authorized capacity(ies), and that by his/her^heir signature(s) on the instrument the person{s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I cerlify under PENALW OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.
Though thrs section is optional, compteting this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
WITNESS my and and official seal.
Signatureof Notary Public
Place Notary SealAbove
Description of Attached Documentt t't lt 1Í.2'l ?' ¡ocument Date: ð lç laç (çl
Title or Type of Document rlüt?¿ctPnb
Number of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)Signer's NameSigner's Name; I Corporate Officer - Title(s):IPartner - DLlmited IGeneraln lndividual ! AttorneY in Fact! Trustee n Guardian or Conservatortr Other;
I Corporate Officer - Title(s):
Signer ls Representing
I Partner - l] Limited n Generaln lndividual I AttorneY in FactI Trustee ! Guardian or ConservatorI Other:Signer ls Representing:
-
ELISE FUENTESCommlsslon #212939S
Notary PublloCalilornia
SANTA BARBARA COUNTYMy Cmrnism Fxpies 0ctobsr 8, 2010
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800'876-6827) ltem #5907
EXHIBIT AI.ANDS OF RIVAS AND RIZO
REAt PROPERTY LEGAL DESCRIPTION
LOTS 3 OF TRACT 2558- OAK TERRACE A5 SHOWN ON THË MAP OF TRACT 2558 A5 SAID MAP WAS
RECORDED ON OffOBER 23,20T8 IN BOOK 37 OF MAPS AT PAGES 81 THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH T8,2A].9IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNTY RECORDER CIË THË COUNTY OF SAN LUIS OBISPO,
1 'ts 'tq
SEPTEMBER 25,20L9
ITEM D-3
ATTACHMENT F
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA93444
NO FEE PER GOVERNMENT CODE 6103
A portion of APN #: 092-581-004
GRANT OF EASEMENT AND
AGREEMENT AFFECTING REAL PROPERTY
Exhibits lncorporated by Reference:
Exhibit "4" - Real Property Legal DescriptionExhibit "8" - Legal Description of Easement Granted to DistrictExhibit "C" - Depiction of Easement Granted to District
THIS GRANT OF EASEMENT AND AGREEMENT CTING REAL
PROPERTY (herein "Agreement") is entered into t^_
(herein
"Grantor")and the Nipomo Community Services District, a political subdivision
of the State of California, (herein "Grantee" or "District")with reference to the
following Recitals:
A. Grantors own certain real property (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described below and depicted in Exhibit "A".
B. Grantors are improving said Real Propefty including the
construction of certain utilities that will be dedicated to the District for operation
and maintenance ("District Facilities)"'
1
C, Grantors desire to convey utility easements to Nipomo Community
Services District over portions of said Real Property for the purposes
referenced in this Agreement,
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged the parties hereto agree as follows:
1. GRANTOF EASEMENT
Grantors, hereby grant and convey to the Nipomo Community Services
District a utility easement (herein "Easement" or "Easement Area"), more
particularly described in Exhibit "B" and as depicted in Exhibit "C".
2. PURPOSE
The purpose of the Easement is the present and future construction,
reconstruction, operation, repair, and maintenance of District facilities, including
water pipelines, sewer pipelines, and other utilities operated by the District, from
and after said utilities are dedicated and accepted by the District (herein
"District Facilities"), in such manner and size and with such accessory parts and
structures, as the District or its successors in interests from time to time deem
necessary.
3. MAINTENANCE AND REPAIR
It is anticipated by the parties that construction, repair, replacement and
inspection of District facilities will be performed by District within said Easement
Area. Therefore, Granto(s) covenants, promises and agree as follows:
A. District shall have the right of ingress and egress for personnel,
vehicles, and construction equipment to, from, and along the Easement Area at
any time, without prior notice, including the right to use lanes, drives, rights-of-
way, and roadways within the Real Property which now exist or which
2
hereinafter may be constructed, as shall be convenient and necessary for the
purpose of exercising the rights herein, and herein above, set forth.
B. The Granto(s) shall not construct or permit others to construct
utilitìes or improvements on, over, or under the Easement Area, such as
retaining walls, fences, patios, trees and/or shrubs which could obstruct
District's access to the Easement Area, or cause damage to District Facilities
contained within the EaSement Area, without first receiving the written approval
of District.
C. Granto(s) shall remove improvements and or utilities constructed
in violation of Paragraph B, above, immediately at Grantor's expense. lf
Grantors do not remove the improvements, District is authorized to enter the
Easement Area and remove them. District shall charge all costs, including
administrative costs, for the removal of said improvements to Grantors,
individually andlor collectively.
D. Granto(s), jointly and severally, agree to indemnify, defend, and
hold harmless District and its agents and employees from any claims, suits, or
losses of any kind (including attorney's fees and court costs) or any damages
occurring to or within the Easement Area and/or any adjacent real or personal
property due to District's exercise of its rights to remove improvements,
pursuant to Paragraph C, above andlor the Districts construction, operation,
repair and maintenance of District Facilities.
E. District has the right to enforce all reimbursement remedies
described in Paragraphs C and D, above, by all means available to the District.
4. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representations or modifications concerning this Agreement shall be of
no force and effect excepting a subsequent modification in writing, signed by
the party to be charged.
3
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing parly reasonable expenses, attorney's fees and costs'
C. The obligations of Granto(s) shall be considered for all purposes
to be both covenants and conditions that shall run with the land and be binding
on the successors and assigns of the Granto(s) and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby'
E. This Easement and Agreement Affecting Real Property shall be
recorded in the Official Records in the County Recorder's Office, San Luis
Obíspo County.
F. Recitals A through C are incorporated herein by reference as
though set forth at length.
G. The Agreement shall be governed by the laws of the state of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court'
5. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s)and that all formal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Granto(s) shall not have breached the terms or conditions
4
of any other contract or Agreement to which Granto(s) is obligated, which
breach would have a material effect hereon.
llllilil
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S);Salvador Rir¡qs. Jr.. a sinqle man-as to an undivided y? inlerest and
* v"-Åç.1
must be
or print namel{J
Date
5
cÀuFonl{lA AIL-PURpOSË ACK¡|OYiLEDGtlfrEt{T clvll coDE s 1189
A notary public or other officer oompleting this certlflcate verifies only the identity of the ¡nd¡vldual who signed the
documeni to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of
Cou
On
of
Date
personally appeared
before me, t:a/t1
Here
Name(s) of Signe(s)
of the
to be theo that
the instrument"
whosa
official seal,
thsnt the
I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.
WITNESS myLIE YEGIAIAN
Commlsslon # 2135295Notsry Publlc - Calllornla
Lor Angoles Countyeomm. 0ac 201 9
Place Notary Seal Above
Sign
OPTþNALThough this section is optional, compteting this information can deter alteration of the document or
fraudutent reattachment of this form to an uníntended document.
Descriptlon of AttachedTitle or Type ofDocument Date:
Signe(s) Other Than
Capacity{ies) Claimed bYSigner's Name:n Corporate Officer -! Parlner -n lndividualflTrusteen Other:Signer ls
û Stqg'Uq%.Num of Pages:
Signer's Name:! Corporate Officer - Title(s):
X Limited General ü Partner - tJ Limited trü in Fact l_l in Fact
Guardian or Conservator n or Conservatorfl Other:
n9: Signer ls Representing:
tr lndividual[] Trustee ìi
lr
{/
o2016 Notary Association' www,NationalNotary.org .1.800-US NOTARY -800-876-6827) ltem#5907
CE RTIFICATE OF ACCEPTANCEGOVERNMENT CODE 52781
This is to certify that the Nipomo Community Services District, Grantee,
herein,byBoardactionon-,2o-:-.,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and
Agreement, dated ,20-, frOm Grantgrs, and conSentS to the
recordation thereof.
Nipomo Community Services District
Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services Ðistrict
6
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED
BENEFICIARY RESULTS IN YOUR SECURITY' INTEREST IN THE
PROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,
CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT.
The undersigned, beneficiary under that certain deed of trust recorded June 20,
2019, as Document No. 2019-023659, Official Records of the County of San
Luis Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the within instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyances as to any rights
granted and to be granted to county pursuant to this instrument.
Dated:
Community Bank of Santa Mariaun Na.412287204
æ
<-rø{ /f
!
1
GAL|FORNIA ALL-PURPOSE ACKNOWLEÞGMENT clvll coDE s 1189
$!)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documéni to which thls cedificate is attaclred, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa
On 08/1 6/1 I before me, , , * .* - Elise F,uentes Notary ,Fublie ,
Date Here lnsert Name and Title of the Officer
personally appeared Randv Kam erêr**t***ft*****Name(s) of Signe(s)
who proved to me on the basis of satisfactory. evidence to be the person(s) whose name(s) is/are
subsóribed to the within instrument and acknowledged to me that he/she/they executed the same in
ñisiher/their authorized àapácity(ies), and that by h¡s/h;r^heir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certily under PENALW OF PERJURY under the lawsof the
-State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatureof Notary Public
Place Notary SealAboveOPTIONAL
Though thls secfion is optional, campteting this information can deter alteration of the document ar-
fraudulent reattachment of this form to an unintended document.
Description of Attached Document . r. -.,,. ,^ n fTige or Type of Document: ár¿¡UÍ01:(!tf{frvn!! üllrc¿tr"'Óbcument Date: z I PI?Òt cl
Number of Pages: Signe(s) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)Signer's Name; Signer's Name:
Officer - Title(s): Officer - Title(s)n Corporateü Partner -I lndividual! Trustee
Signer ls Representing:
D Limited n Generalü AttorneY in Factn Guardian or Conservator
ü Limited n GeneralLl Attorney in Factn Guardian or Conseruator
! Corporaten Partner -n lndividualü Trustee
tl Other: -* .n Other:Signer ls Representing:
ELISE FUENTESCommisslon #2129399
Notary PublloCallfornia
SANTA BARBARA COUNWMy Conmiesbn hpites Octobet 8, 2010
O2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-S00-876-6827) ltem #5907
EXHIBIÏ A
LANDS OF RIVAS AND RIZO
REAL PROPERTY LE6AL DESCR¡PTION
LOT 4 OF TRACT 2558- OAK TERRACE A5 SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBER 23,20T8 IN BOOK 37 OI MAPS AT PAGES Sl THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH 78,2OTg IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNW RECORDER OF THE COUNTY OF SAN LUIS OBISPO.
1,1 s'tor
EXHIBIT B
LANDS OF RIVAS AND RIZO
LOT4-TRACT2558
TEGAL DESCRIPTION OF EASEMENT GRANTED TO THE NCSD
ALL THAT REAL PROPERTY IN THE UNINCORPORATED AREA OF SAN LUIS OBISPO COUNTY IN THE STATE
OF CALIFORNIA DESCRIBED AS IOLLOWS:
A PORTION OF TRACT 2558 - OAK TERRACE A5 SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBËR 23,20T8 IN BOOK 37 OF MAPS AT PAGES 81 THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THË COUNTY RECORDER OF THE COUNTY OF SAN LUIS OBISPO, SAID PORTION DESCRIBED AS
FOLLCIWS;
THAT PORTION CIF PRIMROSE LANE AS SAID PUBLIC ROAD ¡S OFFERED FOR DEDICATION TO T¡{E PUBLIC
FOR STREET PURPOSES ON îHE ABOVE OESCRIBËD MAP OF TRACT 2558 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BECINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4 A5 SAID LOT 15 SHOWN ON THE ABOVE
DESCRIBED MAP OF TRACT 2558, AT A POINT IN THÊ SOUTHEASTERLY LINE OF PRIMROSE LANE, THENCE
ALONG THE LINE COMMON TO LOT 4 AND PRIMROSE LANE NORTH 55' 28' 07" EAST 60.30 FEET TO THE
NORTHEASTERLY CORNIR OF LOT 4;
THENCE PERPENDICULAR TO THE SOUTHEASTÉRLY LINE OF PRIMROST I..ANE NORTH 34' 3T, 53" WEST
4O.OO FEËT TO A POINT IN THE NORTHWESTËRLY LINE OT PRIMROSE LANE;
THENCE ALONG SAID NORTHWESTERLY LINË SOUTH 55" 28, 07" WEST 60'30 FEET;
THENCE PERPENDICULAR TO THE NORTHWESTËRLY LINE OF PRIMROSE LANE SOUTH 34' 3t, 53" EAST
4O,OO FEET TO THE POINT OF BEGINNING AND TËRMINUS OF THIS ÐESCRIPTION CONTAINING 2412
SQUARE FEET, MORË OR LESS.
END OI DESCRIPTION
K.r'ì1.
å
:
I
¡
Éto_å
à
.!!
s55'28'07"W
PRtMRost LANI (+o')UJ
¡Ê)ti)
tJ+t^.)U'
(f()o+
POINT OF BEGINNING
LOT 5LOT 3
1 .tû' r1
t)*¡.¡z
JO
T
)
EA M
(241 5Q,
ARËA
60.30'
LOT 4TRACT 2558
58 M 73-76
It'lt.31EXP
20
1 lNcH - 20 FEEÏ
40EXHIBT "C"
NCSÐ EASEMËNT AT LOT 4
)R^fr âYRSP
qêcKÊ8 6Y
s89AE
l"=20OA TE
o7 /t8/20tq
SEPTEMBER 25,20T9
ITEM D-3
ATTACHMENT G
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP,O, Box 326Nipomo, CA93444
NO FEE PER GOVERNMENT CODE 6103
APN #: 092-58r-004
DEËD RESTRICTION AND AGREEMENT AFFECTING REAL PROPERTY
Exhibits lncorporated by Reference:
Exhibit "A" - Real Property Legal Description
THIS DEEÐ RES TRICTION AND AGREEMENT AFF NG REAL
PROPERTY (herein "Agreement") is entered into 'lrw
(herein
"Grantor") and the Nipomo Community Services District, a political subdivision
of the State of California, (herein "Grantee" or "District") with reference to the
following Recitals:
A. Grantor owns certain real property (herein "Real Property")
located within the Nipomo Community Services Ðistrict, County of San Luis
Obispo, more particularly described in Exhibit "A'',
B. Grantors are improving said Real Property and desire the District
to provide water and sewer service for the property'
NOW, THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged the parties hereto agree as follows:
1
1. DEED RESTRICTIONS
A, Grantor agrees and acknowledges that the use of self-
regenerating water softeners on Real Property or any portion thereof is
prohibited.
B. Grantor agrees and acknowledges that the use of wells to provide
domestic water service to Real Property or any portion thereof is prohibited.
2. MISCELLANEOUS
A, This Agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this Agreement
shall be of no force and effect excepting a subsequent modification in writing,
signed by the party to be charged,
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor shall be considered for all purposes to
be both covenants and conditions that shall run with the land and be binding on
the successors and assigns of the Grantor and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in fullforce and effect and
shall in no way be affected, impaired, or invalidated thereby'
E. This Deed Restriction and Agreement Affecting Real Property
shall be recorded in the Official Records in the County Recorder's Office, San
Luis Obispo County,
F. Recitals A and B are incorporated herein by reference as though
set forth at length.
2
G. The Agreement shall be governed by the laws of the State of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court.
3. AUTHORITY TO EXECUÏE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names' titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that allformal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Granto(s) is obligated, which
breach would have a material effect hereon'
lillilil
lN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S):
ed
[Signature must be NotarizêdJ must
*lr'-oL-t Ê ,r.5 ¡, .
[Type or print namel or
3
Dateg /2,/1
GALIFORI{IA ALL-PURpOSË ACK}IOWLEDGIIñEI{Î clvll coDE s 1189
siffiçær,ÂÊ
A notary public or other officer completing this certificato verifies only the identity of the individual who signed the
¿ocuméni to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of
County of
On IL before me,
Date
personally appeared
)
)
C*
^
Here
Name(s) of Signe(s)
o/) ûrTitle of theName
to be the
the instrumont.
n
mentihe perso$S
amedls/ara)the sameY
I certify under PENALTY OF PEBJURY under the lawsof the State of California that the foregoing paragraph
is true and correct,
WITNESS my official seal.
Signature
Place Notary Seal AboveOPTIONAL
Though fhrs secflon is optional, completíng this information can deter alteration of the document orfraudulent reattachment of this farm to an unintended document.
Descrlption of ¡Attached Ðe.U/Lo/#
Title or Type ofDocument Date: Number of Pages:
Signer(s) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)Signer's Name: Signer's Name:
ü Corporate Officer - Title(s) n Corporate Officer - Title(s):
tr Partner - tr Limited Ü General I Partner * l--lLimited tr
of
W*42
n lndividualfJ Trustee
n Attorney in n lndividualI Trustee
i:n
in Factor Conservatorll Guardian or
n Other: ! Other:
Signer ls Representing: Signer ls Representi
@Commisslon # 2135295
Notary Public' Calllornla0ountYLos Angoles
20 I0ecm.Com
E
02016 National Notary Association . www.NationalNotary.org ' 1-800-US NOTARY (1 -800-876-6827) ltem#5907
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE 52781
This is to certify that the Nipomo Community Services District, Grantee,
herein, by Board action on . . . ,20-, accepts the
foregoing Deed Restriction and Agreement, dated
20-., from Grantors, and consents to the recordation thereof.
Nipomo Community Services District
By:Name: Ed EbyTitle: President
ATTEST:
Mario lglesias,Nipomo Comm
General Manager and Secretaryunity Services District
4
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEEDBENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THEPROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT.
The undersigned, beneficiary under that certain deed of trust recorded June 20,
2019, as Document No. 2019-023671, Official Records of the County of San
Luis Obispo, does hereby join in, and consent to, each and all of the terms and
provisions of the within instrument, and does hereby subordinate its interests to
the entire effect of this instrument. ln this regard, the undersigned does hereby
agree upon request of any insuring title company to direct the trustee under
said deed of trust to execute and deliver to County in recordable form
acceptable to such insuring title company partial reconveyancês as to any rights
granted and to be granted to County pursuant to this instrument'
Dated
Community Bank of Santa MariaBeneficiary under No.412290800
q t/P
3.tJ
5
CAL|FORNIA ALL-PURPOSE ACKHOWLEDGMEI{T clvll coDE s 1r89
A notary public or other officer completing this certificate verifies only the ldentity of the individual who signed the
documéni to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document'
State of California )
)County of Santa Barbara
On ñå/{â/19 before me, , . Eli$e Fugi*gs-Nsläfyå$1ig-,Here lnsert Name and Title of the Officer
re r* * i*n* i** *ilt
Name(s) of Signer(s)
Date
personally appeared Randv
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subsór¡neO to the wiilrin instrument and acknowledged to me that he/she/they executed.the same in
his/her/their authorized àäôàõìivtiã"1, áno t'ut by his/här/their signature(s) on the instrument the person(s),
or tne entity upon behalf of whích the person(s) acled, executed the instrument'
I certify under PENALTY OF PERJURY under the laws
of the -State
of California that the foregoing paragraphis true and correct.
WITNESS
Signatu
Place Notary SealAbove
Description of AttachedTitle or Type of Docume
and seal.
t, t{l I
of Notary Publíc
Though thls sectrbn is optiona!, completing this information can deter alteration of the document or
frauduient reattachment of this form to an unintended document,
Document*"ü'rqwqÚ,ry:lr Document Date: llØl *zÒtq
Number of Pages: Signe(s) Other Than Named Above:
Gapacity{ies) Claimed by Signer(s)Signer's NameSigner's Name
Officer * Title(s):I Corporate Offi cer - Title(s):n Partner - D Limited [] General
n lndividual Ü AttorneY in FactI Trustee t] Guardian or Conservatorfl Other: #Signer ls Representing: -
n CorporateI Partner -! lndividualü ïrustee
Signer ls Representing:
n Limited I General! AttorneY in Factn Guardian or Conseruator
ü Other:
ELISE FUENTESCommisslon #2129399
Notary PubllcCallfornla
SANTA BAËBARA ÇOUNTYMy lìcvnmrwon Êrnires (þlobot 8,2019
@2014 National Notary Association . www.NationalNotary.org' 1-800-US NOTARY (1-800-876-6827) ltem #5907
EXHIBIT A
LANDS OF RIVAS AND RIZO
REAL PROPERTY LEGAL DESCRIPTION
LOT 4 OF TRA T 2558- OAK TERRACE A5 SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RFCORDED ON OCTOBER 23, 2018 IN BOOK 37 OF MAPS AT PAGES 8I. THROUGH 84 INCLUSIVE, AND AS
AMENÞED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNTY RÊCORDER OF THE COUNTY OF sAN LUIS OBISPO'
1,1 g.tq
EXF
SEPTEMBER 25, 2OL9
ITEM D.3
ATTACHMENT H
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA93444
NO FEE PER GOVERNMENT CODE 6103
A portion of APN
GRANT OF EASEMENT AND
AGREEMENT AFFECTING REAL PROPERW
Exhibits lncorporated by Reference:
Exhibit "A" - Real Proparty Legal DescriptionExhibit "8" - Legal Description of Easement Granted to DistrictExhibit "C" - Depiction of Easement Granted to District
THIS GRANT OF EASEMENT AND AGREEMENT AFFECTING REAL
PROPERTY (herein "Agreement") is entered into
20 [1 , by and between Tim l-laddad. a marrigd m-an as hís sole and seperate
þroperty, (herein "Grantof') and the Nipomo Community Services District, a
polit6al subdivision of the State of California, (herein "Grantee" or "District") with
reference to the following Recitals:
A. Grantors own certain real property (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described below and depicted in Exhibit "A'.
B. Grantors are improving said Real Property including the
construction of certain utilities that will be dedicated to the District for operation
and maintenance ("District Facilities)".
C. Grantors desire to convey utility easements to Nipomo Community
Services District over portions of said Real Property for the purposes
referenced in this Agreement.
#:092-581-005
I
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged the parties hereto agree as follows:
1. GRANT OF EASEMENT
Grantors, hereby grant and convey to the Nipomo Community Services
District a utility easement (herein "Easement" Or "Easement Area"), more
particularly described in Exhibit "8" and as depicted in Exhibit "C".
2. PURPOSE
The purpose of the Easement is the present and future construction,
reconstruction, operation, repair, and maintenance of District facilities, including
water pipetines, sewer pipelines, and other utilities operated by the District, from
and after said utilities are dedicated and accepted by the District (herein
"District Facilities"), in such manner and size and with such accessory parts and
structures, as the District or its successors in interests from time to time deem
necessary.
3. MAINTENANCE AND REPAIR
It is anticipated by the parties that construction, repair, replacement and
inspection of District facilities will be performed by District within said Easement
Area. Therefore, Grantor(s) covenants, promises and agree as follows:
A. District shall have the right of ingress and egress for personnel,
vehicles, and construction equipment to, from, and along the Easement Area at
any time, without prior notice, including the right to use lanes, drives, rights'of-
way, and roadways within the Real Property which now exist or which
hereinafter may be constructed, as shall be convenient and necessary for the
purpose of exercising the rights herein, and herein above, set forth.
B. The Grantor(s) shall not construct or permit others to construct
utilities or improvements on, over, or under the Easement Area, such as
2
retainíng walls, fences, patios, trees and/or shrubs which could obstruct
District's access to the Easement Area, or cause damage to District Facilities
contained within the Easement Area, without first receiving the written approval
of District.
C. Grantor(s) shall remove improvements and or utilities constructed
in violation of Paragraph B, above, immediately at Grantor's expense. lf
Grantors do not remove the improvements, District is authorized to enter the
Easement Area and remove them. District shall charge all costs, including
administrative costs, for the removal of said improvements to Grantors,
individually and/or collectively.
D. Grantor(s), jointly and severally, agree to indemnify, defend, and
hold harmless District and its agents and employees from any claims, suits, or
losses of any kind (including attorney's fees and court costs) or any damages
occurring to or within the Easement Area and/or any adjacent real or personal
property due to District's exerc¡Se of its rights to remove improvements,
pursuant to Paragraph C, above andlor the Districts construction, operation,
repair and maintenance of District Facilities.
E. District has the right to enforce all reimbursement remedies
described in Paragraphs C and D, above, by all means available to the District.
4. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representations or modifications concerning this Agreement shall be of
no force and effect excepting a subsequent modification in writing, signed by
the party to be charged.
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor(s) shall be considered for all purposes
to be both covenants and conditions that shall run with the land and be binding
on the successors and assigns of the Grantor(s) and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby'
E. This Easernent and Agreement Affecting Real Property shall be
recorded in the Official Records in the County Recorder's Office, San Luis
Obispo County.
F. Recitals A through C are incorporated herein by reference as
though set forth at length.
G. The Agreement shall be governed by the laws of the state of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court.
5. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that all formal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Granto(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon.
ilil
4
ilillN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S):
[Slgnature must be Notarlzedl
namo! Fype or prlnt namel
Date:
CçP ¿TTACFIED FOR[4
r oärioi¡ni c Ent I F ltA ¡-E
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S i 189
'ffi ffi Ô"(âçðtd^s$ôéâôr.,rts*
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documeni to which this certificate is attached, and not the truthfulness, accuracy¡ or validity of that document.
State of Cälifornia
County of San Luis ObisPo
On + 2e before me, Jill Canby, Notary Public,
Date
personally appearedName(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscr¡bed 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/the¡r 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 lawsof the State of California that the foregoing paragraphis true and correct.
WITNESS my and official seal
SignatureSignature ry Pu
Place Notary Seal Above
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an un¡ntended document.
Description of Attached Document
T¡tle or
Docum
of Document:Number of Pages:
Signe(s) Other Named Above:
Capacity(ies) Claimed bY
Signer's Name Signer's
fJ Corporate Officer - Title(s): Ll Corporate - Titte(s)
n Partner - l-l Limited l-_l General [] General
ü lndividual[] Trustee
flAttorney in Fact! Guardian or Conservator
I Partner- nI lndividualI Trustee
in FactConservätorI Gua
[] Other: [] Other:
Signer ls Representingi
-
Signer ls Representingl
ig'Y¡9'{'¡e.Tt(}f tþç9TXtfü$ïãçYf ü{?Ç1Jçi(tçf ¿()XItT¡S\*9
@20.¡5 National Notary Association. www,NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
Notary Public - Calilornlô
San Luls ObisPo CounlY
Commlsglon # 215760'l
JILL CA
Jul 1LComm,
CERTIFICATE OF ACCEPTANCËGOVERNMENT CODE 52781
This is to certify that the Nipomo Community Services District, Grantee,
herein,byBoardactionon-,2a-,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and
Agreement, dated ,20-, from Grantors, and consents to the
recordation thereof.
Nipomo Community Services District
ByName: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services District
6
EXHIBIT A
LANDS OF HADDAD
REAL PROPERTY TEGAL DESCRIPTION
LOT 5 OF TRACT 2558 . OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBER 23, 2018 IN BOOK 37 OF MAPS AT PAGES Sl THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN LUIS OBISPO.
.rü.11
l2 .?ô
EXHIBIT B
TANDS OF HADDAD
LOT 5 -TRACT 2558
LEGAL DESCRIPTION OF EASEMENT GRANTED TO THE NCSD
ALL THAT REAL PROPERTY IN THE UNINCORPORATED ARËA OF SAN LUIS OBISPO COUNTY IN THE STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
A PORTION OF TRACT 2558. OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBER 23, 2018 IN BOOK 37 OF MAPS AT PAGES Sl THROUGH 84 INCLUSIVE, AND AS
AMENDED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNW RECORDER OF THE COUNTY OF SAN LUIS OBISPO, SAID PORTION DESCRIBED AS
FOLLOWS:
THAT PORTION OF PRIMROSE LANE AS SAID PUBLIC ROAD IS OFFERED FOR DEDICATION TO THE PUBLIC
FOR STREET PURPOSES ON THE ABOVE DESCRIBED MAP OF TRACT 2558 MORE PARTICUTARLY
DESCRIBED A5 FOLLOWS:
BEGTNNING AT THE NCIRTHWESTERLY CORNER OF SAID LCIT 5 AS SAID LOT IS SHOWN ON THE ABOVE
DESCRIBED MAP OF TRACT 2558, AT A POINT IN THE SOUTHEASTERLY LINE OF PRIMRO5E LANE, THENCE
ALONG THE LINE COMMON TO LOT 5 AND PRIMROSE LANE NORTH 55' 28' 07" EAST 60,30 FEET TO THE
NORTHEASTERLY CORNER OF LOT 5;
THENCE PERPENDICULAR TO THE SOUTHEASTERLY LINE OF PRIMROSE LANE NORTH 34" 31' 53, WEST
4O.OO FEETTO A POINT IN THE NORTHWESTERLY LINE OF PRIMROSE LANE;
THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 55" 28' 07' WEST 60,30 FEET;
THENCE PERPENDICULAR TO THE NORTHWESTERLY LINE OF PRIMROSE LANE SOUTH 34" 31' 53' EAST
4O.OO FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION CONTAINING 2412
SQUARE FEET, MORE OR LESS.
END OF DESCRIPTION
3t.t'l
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IN
'ooci* .7-lEA
l"+rOz
30'
T
55'29'07"8
AREA
60.30'
LOT õTRACT 2558
5E M 73-76
s5528'07"W
=¡1lnp*ô.)z
()od+
PRTMROSE LANE (40')
POINT OF BEGINNINC
LOT 4 LAT 6
,t?.tq
LOT 7
EXHIBT ,'C,'
NCSD EASEMENT AÏ LOT 5
dEilED OY
5R t" - 20'scâr€ 0^ rE
ot /t6/2o19oR^n 8Y
RBP1 lNcH = 20 FEET
4020
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È
SEPTEMBER 25,2019
ITEM D-3
ATTACHMENT I
RECORDING REQUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O. Box 326Nipomo, CA93444
NO FEE PER GOVERNMENT CODE 6103
APN #: 092-581-005
DEED RESTRICTION AND AGREEMENT AFFECTING REAL PROPERTY
Exhibits lncorporated by Reference:
Exhibit "A" - Real Property Legal Description
THIS DEED RESTRICTION AND AGREEMENT AFFECTING REAL
PROPËRTY (herein "Agreement") is entered into
2Aß-, by and between Tim Hêdd,gd. a marfjed mafr Ps his-qole arìd separate
propertv. (herein "Granto/') and the Nipomo Community Servíces District' a
political subdivision of the State of California, (herein "Grantee" or "District") with
reference to the following Recitals:
A. Grantor owns certain real property (herein "Real Property")
located within the Nipomo Community Services District, County of San Luis
Obispo, more particularly described in Exhíbit "A".
B. Grantors are improving said Real Property and desire the District
to provide water and sewer service for the property.
NOW, THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged the parties hereto agree as follows:
1
1. DEED RESTRICTIONS
A. Grantor agrees and acknowledges that the use of self-
regenerating water softeners on Real Property or any portion thereof is
prohibited.
B. Grantor agrees and acknowledges that the use of wells to provide
domestic water service to Real Property or any portion thereof is prohibited.
2. MISCELLANEOUS
A. This Agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this Agreement
shall be of no force and etfect exceptíng a subsequent modification in writing,
signed by the party to be charged.
B. ln the event of any controversy, claim, or dispute relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor shall be considered for all purposes to
be both covenants and conditions that shall run with the land and be binding on
the successors and assigns of the Grantor and shall inure to the benefit of
District and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
E. This Deed Restriction and Agreement Affecting Real Property
shall be recorded in the Official Records in the County Recorder's Office, San
Luis Obispo County.
F. Recitals A and B are incorporated herein by reference as though
set forth at length,
2
G. The Agreement shall be governed by the laws of the state of
California. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if in federal court'
3. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that allformal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Grantor(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Grantor(s) is obligated, which
breach would have a material effect hereon.
ilililil
¡N WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective the date the District executes the Certificate of
Acceptance.
GRANTOR(S):Tirï*Haddad, a.fiqIried man qs hiq.sols,.and separate Propertv
[Slgnature must be Noterlzedlmuat
or
Date:
&Eâ NTTp{ÇT4VN VÕMTú
Frn NtTAeY twwrtçlçÑç.
Fype or prlnt namel
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1I89.
A notary public or other otficer 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 5an LuisObispo
On Aftlr^A+ l4,utq before me, Jill Canby, Notary Public,' V Date
personally appearedName(s) of 5igner(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 ¡nstrument 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,
TtYn
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraphis true and correct.
CANEV W'TN hand and officialNotary Public ' Calilornl¡San Luis 0bisPo CountY
Commission # 2157601 SignatComm, Jul 1 2020 Signature of Notary P
Place Notary Seal AboveOPTIONAL
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 of Document:
Doc Number of Pages:
Signer(s) Other Abovel
Capacity(ies) Claimed bySigner's Name: Signer's Na
n Corporate Officer - Title(s) [J Corporate Title(s):
I Partner - [] Limited [,] General fl Pârtner- nLin lndividual
[] General:]A in FactfJ lndividual
¡ Trusteen Attorney in Fact! Guardian or Conservator ü Guard Conservator
ü other: I other:Signer ls Representingi
-
Signer ls Representing:
¡6
@201 5 National Notary Association . www,NationalNotary,org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
CERTIFICATE OF ACCEPTANCEGOVERNMENT CODE 52781
This is to certify that the Nipomo Community Services District, Grantee,
herein, by Board action on 20-., accepts the
foregoing Deed Restriction and Agreement, dated
zl-,from Grantors, and consents to the recordation thereof.
Nipomo Community Services District
Name: Ed EbyTitle: President
ATTEST:
Mario lglesias, General Manager and SecretaryNipomo Community Services District
4
ËXHIBIT A
LANDS OF HADDAD
REAL PROPERTY TEGAL DESCRIPTION
LOT 5 OF TRACT 2558 - OAK TERRACE AS SHOWN ON THE MAP OF TRACT 2558 AS SAID MAP WAS
RECORDED ON OCTOBER 23, 2018 IN BOOK 37 OF MAPS AT PAGES Sl THROUGH 34INCLUSIVE, AND AS
AMENDED ON MARCH 18, 2019 IN BOOK 38 OF MAPS AT PAGES 73 THROUGH 76 INCLUSIVE IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN LUIS OBISPO,
î.¡ ù .t1
SEPTEMBER 25,20T9
ITEM D.3
ATTACHMENT J
RECORDING REOUESTED BY:NIPOMO COMMUNITY SERVICES DISTRICT
WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP.O, Box 326Nipomo, CA 93444
NO FEE PER GOVERNMENT CODE 6103
APN #:
GRANT OF EASEMENT AND
AGREEIìIENT AFFECTING REAL PROPERTYExhibits lncorporäted by Reference:
Exl''l!!t "4" - Reat Property Legat DoscripüonExlrlþi! "8" - Legat Oescriþtioriot Fasement Granted to DistrictExhibit "e" - Deplction of Eassment Granted to 0istrict
THIS GRA}IT TF EA$EIVIËhIT At¡D AFFECTING RËAtFROPERTY (herein "Agreement") is entered into20\ca.bv*rel¡õñ-å r-.
and between John L" Musoelland Mary Ann M ll, îrustees ofMussell Revocable Trust dated March 30, 1S8g (herein "Grantor')
and the Nipomo Commu nity Services District, a political subdivisian of the Stateof California, (horein "Gräntee" or "DisTrict") with reference to the followingRecitals:
A. Grantors own certain rearproperty (herein ,,Rearproperty',)
located within the Nipomo community services Ðistrict, county of san Luisobispo, more part¡cularly described below and depícted in Exhibit "A".
B. Grantors are improving said Rearproperty incruding theconstruction of certain utilities that wilt be dedicated to the District for operationand maintenance ("District Facilities)".
c. Grantors desire to convey utility easements to Nipomo communityservices District over portions of said Real property for the purposesreferenced in this Agreement.
1"
Now, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged the parties hereto agree as follows:
1. GRANTOF EASEMENT
Grantors, hereby grant and convey to the Nipomo community servicesDistrict a utility eagement (herein "Easement" or "Eagement Area"), more
particularly described in Exhibit "B" and as depicted in Exhibit "c".
2. PURPOSE
Ïhe purpose of the Easement is the present and future construction,
reconstruction, operation, repair, and maintenance of District facilities, including
water pipelines, sewer pipelines, and other utilities operated by the District, from
and after said utilíties are dedicated and accepted by the Dlstrict (herein
"District Facilities"), in such manner and size and with such accessory parts and
structures, as the District or its successors in interests from time to time deem
necessary.
3. MAINTENANCE AND REPAIR
It is anticipated by the parties that construction, repair, replacement and
inspection of Ðistrict facilities will be performed by Distríct within said Easement
Area. Therefore, Grantor(s) covenants, promises and agree as follows;
A. District shall have the right of ingress and egress for personnel,
vehicles, and construction equipment to, from, and along the Easement Area atany time, without prior notice, including the right to use lanes, drives, rights-of-
way, and roadways within the Real Property which now exist or which
hereinafter may be constructed, as shall be convenient and necessary for thepurpose of exercising the rights herein, and herein above, set forth,
B. The Granto(s) shall not construct or permit others to construct
utilities or improvements on, over, or under the Easement Area, such as
retaining walls, fences, patios, trees and/or shrubs which could obstruct
2
District's access to the Easement Area, or cause damage to District Facilities
contained within the Easement Area, without first receiving the written approval
of District.
C. Grantor(s) shall remove improvements and or utilities constructed
in violation of Paragraph B, above, immediately at Grantor's expense. rf
Grantors do not remove the improvements, District is authorized to enter the
Easement Area and remove them. District shall charge allcosts, including
administrative costs, for the removal of said improvements to Grantors,
individ ually and/or collectively,
D. Grantor(s), jointly and severally, agree to indemnify, defend, and
hold harmless Distríct and its agents and employees from any claims, suits, or
losses of any kind (including attorney's fees and court costs) or any damages
occurring to or within the Easement Area and/or any adjacent real or personal
property due to District's exercise of its rights to remove improvements,
pursuant to Paragraph C, above and/or the Distr¡cts construction, operation,
repair and maintenance of District Facilities.
E. District has the right to enforce all reimbursement remedies
described in Paragraphs C and D, above, by all means available to the District,
4. tt¡ilScELLANEOUS
A. This Agreement contains the entire agreement between theparties relating to the rights herein granted and the obligations herein assumed.
Any oral representations or modifications concerning this Agreement shall be ofno force and effect excepting a subsequent modification in writing, signed by
the party to be charged.
B. ln the event of any controvorsy, claim, or dispute relatÍng to this
Agreement or the breach thereof, the prevailing party shail be entiiled to
recover from the losing party reasonable expenses, attorney's fees and costs.
C. The obligations of Grantor(s) shall be considered for all purposes
to be both covenants and conditions that shall run with the land and be binding
3
on the successors and assigns of the Grantor(s) and shall inure to the benefit ofDistrict and its successors and assigns.
D. lf any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable,the remainder of the provisions hereof shall remain in full force and effect andshall in no way be affected, impaired, or invalidated thereby,
E. This Easement and Agreement Affecting Real property shall berecorded in the official Records in the county Recorder's office, san Luis
Obispo Coung.
F, Recitals A through c are lncorporated herein by reference as
though set forth at length.
G. The Agreement shall be governed by the laws of the state ofCalifornia. Any litigation regarding the Agreement or its contents shall be filed
in the County of San Luis Obispo, if in state court, or in the federal court nearest
to San Luis Obispo County, if ín federal court.
5. AUTHORITY TO EXECUTE.
All parties to this Agreement warrant and represent that they have thepower and authority to enter into this Agreement in the names, tiües, and
capacities herein stated and on behalf of any entities, persons, or firms
represented or purported to be represented by such entity(ies), person(s), or
firm(s) and that allformal requirements necessary or required by any state
and/or federal law in order to enter into this Agreement have been fully
complied with. Furthermore, by entering into this Agreement, Granto(s)
hereby warrants that Grantor(s) shall not have breached the terms or conditions
of any other contract or Agreement to which Granto(s) is obligated, which
breach would have a materialeffect hereon,
lilllilt
t
lN wrNEss WHEREOF, the parties hereto have executed thisAgreement to be effective the date the District executes the Certificate ofAcceptance.
GRANTOR(S):The John L. Mussell Revocable Trust dated March 30, lgggby:
John L, Mussell, Trustee Mary Ann Mussell, Trustee
mu6t bâ
tt/t#,N {Ltt ¡t !]rl.v *ts.[Typo or prlnt nrmel
(or
Date: V* t* \1
5
ACKNOWLEDGMENT
State of CaliforniaSanta BarbaraCounty of )
On þr '2ßbefore me, Crystal Marie Torres
(insert name and title of the officer)
personattyappeared - dUhn L llt-tl$¿f\--who provêd io me on-the bas¡s of satiéiàCtory evidence to be the person(s) whose name(s) is/are
subsbribed to the within lnstrument 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 hand and official seal.
Signature (Seal)
A notary public or other officer com pleting thiscertificate verifies only the identity of the individualwho signed the document to which this certificate is
attached, and not the truthfulness, accuracy, orvalid of that document.
Nolary PubllcCalifornla
SANTA BARBARA COUNTY
Yy Cannrh¡n E¡Cn¡ Drorú.r e, 20¿f
CornmlEslon *2,,1fù5
ACKNOWLEDGMENT
A notary public or other offícer completing thiscertificate verifíes only the identity of the individualwho signed the document to which this certificate isattached, and not the truthfulness, accuracy, orvalidity of that document.
State of CaliforniaSanta BarbaraCounty of
On Ytlbov' lø 'Ao\before me, Crystal Marie Torres
(insert name and title of the officer)
personally appeared kn^who proved to me on the basis ctory evidence to be the person(s)whose name(s) is/aresubscribed to the within instrum ent 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 theperson(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 foregoingparagraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
NotåryPubllcCalilomla
SANTA BA8BARACOUNTYCorÍhln Erpltt lrlilüi 9, Z{¿l
Comrnlesþn #w1lv5
Ft
CERTIFICATE OF ACCEPTANCEcovERNMENT CODE $27Sr
This is to certiff that the Nipomo Community Services District, Grantee,
herein, by Board action on . ,2}_,accepts for publicpurposes the real property, or interest described in the foregoing Easement andAgreement,dated%,20-,fromGrantors,andconsentstotherecordation thereof.
Nipomo Community Services District
By:Ed Eby
Title: President
ATTESÏ:
MarioNipom
lglesias, General Manager and Secretaryo Community Services District
6
ËxR 1tr.þ'þ1769ü
EXHIBIT A'2,.\q
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OFSAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 11 OF STORY'S RESUBDIVISION OF LOT 24 OFWARD'S SUBDIVISION OF THE RANCHO NIPOMO, IN THE COUNTY OFSAN LUIS OBISPO, STATE OF CALIFORNIA, RECORDED IN BOOKA, PAGE 20 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE ''REMAINDER" PARCEL AS SHOWN ON PARCET MAP CO.90.139, INTHE COUNry OF SAN LUIS OBISPO, STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED FEBRUARY 29, 1996 IN BOOK 51,PAGE 91 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.
7
17690
EXR ,7þ
EXHIBIT B '1't1
ALL THAT REAL PROPERTY IN THE UNINCORPORATED AREA OF THECOUNTY OF SAN LUIS OBISPO, STATE OÈ CÀUTCJNÑN, DESCRIBED ASFOLLOWS:
A PORTION OF THAT PARCEL DESIGNATED LOT 11 ACCORDING TO THEl,l4l,ENTITLED, 'RE-suBDrvtstoN oF THE sourHwesrERly PART oFLOT 24 0F HOWARD'S SUBDtvtstoN or rHe nnr.¡õHo ruiÞonrò;,"
- ' -JRECORDED DECErüBq[r!, 1887, ruvO flLeo ñ rióôx A, AT pAcE 20 oFMAPS IN THE OFFICE OF THE NEbONOCN rON sN]O COUrurY, MOREPARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH CORNER OF SAID LOT 11, MARKËD BY ABRASS CAP IN MONUMENT WELL AS SHOWÑ óÑ ÞÃNCEI. MAP CO 97-13e, F|LED rN BOOK 54, AT pAcE 70 0F pnnCef n¡nps rN lnE oeÈrõb orTHE RECORDER FOR SAID COUNW;
THENCE, ALONG THE NORÏHWESTERLY BOUNDARY OF SAID LOT 11,sourH 55'28'07,' WEST, 659,71 FEET ro rHE WESi'COnrurn or snió'LOT I1, BEING THE POINT OF BEGINNING;
THENCE, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 11,sourH 34"30',52', EAST, 420.18 FEET 6_r¡ ro inÈ ñóiTTHWESTERLYBOUNDARY OF THAT 25 FOOT WIDE ir¡éHr.Or-WNV OEOICATED TO THEcouNTy oF SAN !!rg oBtspo, AND FTLED tN VOLUM E g762,ei pnée289 OF OFFICIAL RECORDS IN THË OFFICE Or INr NECORDER rONSAID COUNTY;
THENCE, ALONG THE NORTHWESTERLY BOUNDARY OF SAID RIGHT.oF-wAy, NoRTH 55o29'09" EAST, 25.00 FEET irzxTHENCE, ALONG THE NORTHEASTERLY BOUNDARY OF SAID RIGHT.OF.WAY, SOUTH 34O30'52U EAST, 2O.O1FEET (13) TO THE NORTNWCSfENT-VBOUNDARY Or PARCEL 1 OF PARCEI Il¡Nþ óO gO.Igi, RECORDÈO
- -FEBRUARY 29, 1996, AND FILED IN BOOK 51, AT PNOE 91 OF PARCELMAPS IN THE OFFICE OF THE RECORDEN PôN SR¡O ôOUrurr;
I
THENCE, ALONG THE NORTHWESTEñLY BOUNDARY OF SAID PARCEL 1,NORTH 55.29'59,,EAST, 3.07 FEET (La);
THENCË, LËAVING THF NÕRTI{WFSTËRLY BOUNDARY OF SAID PARCEL1, NORTH 34o30'58'WËST, 318.21 FEEt (L5); -
THENCE, ON A TANGENT CURVE TO THg RIGIII'WTH A RADIUS OF5O.OO FEET, I"HROUGH Â CFNTRAL ANGLE OT dI;ài'12," AN ARC LENGTHoF 1e.01 FEET (C1) TO A potNr or nevÈnsr CunvnîuRE;
îHËNCE, ALONG THE ARC OF A CURVE TO THF LEFT WîH A RADIUS OF9O.OO FËET, THROUGH A CËNTRAL ANGLE OT 7Z;Si,SS", AN ARO LENGÏHgIJ 1{.45 FËEr (c2) ro rHE NoRTHWE$rEClvboúrunnRy oF sArDLOTIf;
THãNCE, ALONG THE NTRTHWE$TËRIY BOUNDARY OF SAID LOî 11,$OUTH 55"28'07" WEST, 4,61 FËËT (Lô} TO rHï POìÑT OF BEGINN,NGAND ËND OF TH|S ÐESCRtpïol,¡, ioñr*lf,fin¡o ú,iàasouÃnË FËfiiMORË OR t_Ëss.
THE BA$IS ÛF BEARINGS FOR THIS ÐFSCRIPTION IS NORTH 55 30' EAST$ETWËFN TWO BRASS CAPS IN MCINUMEÑi WÈrLb ¿r rUrCENTËRLINË OF TEFFT $TRËËT BËT'ì/VEEN TVTNNVÁVENUE ANDg4RTTryIå ryAY,A$ SAIÐ MOI\¡UMENTS ARE SHOWÑ ON THE ùNP OPHOWARD'S SUBDIVISION OF THË RANCHO ÑPOUö--
END DESCRIPTION
9
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REMANDER51 Phi 91
PARCEL 555PM2
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-' '"'-w:lBUt{E l¡¡lEftsgsTtos$ 0F IE$FT srRÍËT ¿nu uaRrAW.lUg, Af{D IEFFT STnErr AHp cÂaogt.¡lA trnv.
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LoT fl 0F RgSUB0tVr$0il 0F LoT 24 0r Ril{CHo Ntp0ìro
COUNTY OT SAN. IUIS C8IsPO, CATJFORNIA
Itt
UfILITïe*þ¿u€'t'tT'
EXIüBIî pLA?ORAtlll BY; ÎR CTIECKgD BT OSH -L'tDATE:
ruÎAL EAstllENT ARËA- i&tz6 S.F.
SEPTEMBER 25,20T9
¡TEM D.3
ATTACH M ENT K
CASH BOND AGREEMENT
(Tract 2558)
THIS AGREEMENT entered into this Ib a^y of September, 2019, by and between
Kerre McCall, hereinafter referred to as the "Owner," and the Nipomo Community Service
District, a California special district, hereinafter referred to as "District."
RECITALS
WHEREAS, Owner executed a Plan Check and lnspection Agreement dated February 6,
2018 ('PCIA'), governing the installation of certain water and sewer improvements("improvements") in order for the project known as Tract Map 2558 to obtain water and sewer
service from the District; and
WHEREAS, the PCIA required Owner to engage an Engineer to conduct regularinspections of the improvements during construction; however, Owner did not do so and yet
completed construction of the improvements; and
WHEREAS, District is requiring Owner to post a five year maintenance bond in a sum
equal to ten percent (10o/o) of the total costs of the improvements in order to guarantee all
materials and workmanship of the improvements, and Owner has elected to post a cash bond
("Bond") to satisfy this requirement.
AGREEMENT
NOW, THEREFORE, Owner and District hereby agree as follows:
1. The District acknowledges receipt of the Bond amount of eighteen thousand six
hundred ninety four ($18,694), in cash, to be invested, held, and applied in accordance with the
terms of this Agreement and the PCIA. The condítion of this Bond is that Owner is held and
firmly bound to the District in the sum written above in lawful money of the United States ofAmerica, as security for Owner's performance of the PCIA identified above and as guarantee of
all materials and workmanship of the improvements installed pursuant to the PCIA.
2. The District shall deposit said Bond sum in an interest-bearing account in an
institution insured by FDIC for the term of the PCIA and any approved extensions thereof.
3. The Bond amount shall be held as security for 5 years from the date of acceptance ofthe improvements for the purpose of warranting all materials and workmanship or until Owner
replaces the Bond with an alternate form of security approved by the District, whereupon the
District will release the Bond, and any accrued interest, to Owner within ten (10) business days.
Owner expressly acknowledges and agrees that, notwithstanding the provisions of Section
19.C. of the PCIA regarding the length of time of the guarantee required under that section, theprovisions of this Section of this Agreement shall apply to the Bond and to the warranty of all
materials and workmanship of the improvements.
4. lf Owner defaults in the performance of all or any part of the obligations of the PCIA,
or abandons the work, or fails to remedy any defects or problems in any of the materials orworkmanship of the improvements identified by the District, the District shall be entitled to,
without notice to or consent from Owner, apply the Bond and any accrued interest to completion
of work requíred by the PCIA or this Agreement. Any funds remaining after completion of work
1
shall be returned to Owner. lf the Bond funds are not sufficient to complete the work, Owner is
liable to the District for the deficiency.
5. Computation of damages attributable to Owner's breach and chargeable against the
Bond shall include not only the direct costs of completion, but also procurement costs, litigation
costs, including reasonable attorney's fees, administrative costs, expenses due to delay caused
by Owner, maintenance and repair costs, and inspection fees.
6. Any notices required under this Agreement, including, return of any portion of the
Bond pursuant to the terms of this Agreement, shall be provided by U.S. mailto the parties at
the following addresses:
To the District:
Nipomo Community Servíces DistrictP.O. Box 326Nipomo, CA93444Attn: General Manager
To Owner:
Kerre McCallP.O. Box 1506Arroyo Grande, CA93421
ISTGNATURES ON FOLLOWING PAGEI
2
lN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
OWNER
^/
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 attache{ and not the truthfulness, accuracy, or validity of that document.
State of California)
County of San Luis Obispo)
u before me, .\ "L\n â5 ,aNotary Public,
appeared 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 heishelthey 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 certifr under PENALTY oF PERJURY under the laws of the state ortnl ìltrruì ut that the foregoing
paragraph is true and correct.
WITNESS my hand and official
Signature (Seal)
1ffit\ i. LLAMAS
/qä#*NÀ Nordry pubt¡c _ C¿tifornia
wry ¿äïï:.1'::i,",äY-.w My Comm. Expires Feb I 1,2022
3
NIPOMO COMMUNITY SERVICES DISTRICT
lMan
APPROVED AS TO FORM
Whitney G. td, Counsel
By:
4