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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


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


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.



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






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



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


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


hereby wanants that Grantor(s) shall not have breached the terms or conditions



illlilil



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:



herein, by Board action on ,2A-, accepts the

foregoing Deed Restriction and Agreement, dated

z}-_,from Grantors, and consents to the recordation thereof.



ATTEST:

Mario lglesias, General Manager andNipomo Community Services Ðistrict

Secretary

5


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






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.


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



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")


Obispo, more particularly described below and depicted in Exhibit "A'.




I

C. Grantors desire to convey utility easer.nents to Nipomo Community





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


reconstruction, operation, repair, and maintenance of Districtfacilities, including





necessary.






vehicles, and construction equipment to, from, and along the Easement Area at



2



B. The Granto(s) shall not construct or permit others to construct

utilities or imprOvements on, OVer, or under the Easement Area, such as




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


ind ividually and/or collectively.






pursuant to Paragraph C, above and/or the Districts construction, operation,

repair and maintenance of District Facilities'


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.


no force and effect excepting a subsequent modification in writing, signed by


3




C. The obligations of Granto(s) shall be considered for all purposes










Obispo County.

F, Recitals A through C are incorporated herein by reference as



California, Any litigation regarding the Agreement or its contents shall be filed












4


breach would have a material effect hereon'

llllilil



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.

cALtFORiltÂ ALI.PURPOSE ACKIIOWIEDGMEilÎ clvlL 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


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


herein,byBoardactionon-,20-,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and

Agreement, dated 2O_, from Grantors, and consents to the



By:Name: Ed EbyTitle: President

ATTEST:


o


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







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


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


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:



Obispo, more particularly described in Exhibit "A"'



NOW, THEREFORE, for valuable consideration, receipt of which ís



A, Grantor agrees and acknowledges that the use of self-


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


















Luis Obispo County.



2




to San Luis Obispo County, if in federal court'


All parlies to this Agreement warrant and represent that they have the










illlilil


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


02016 Naiional Notary Association ' www'NationalNotary'org ' 1-800-US

f,

(1-800-876-6827) ltem#5907



herein, by Board action on 20-., accepts the


z}-,from Grantors, and consents to the recordation thereof.



ATTEST:


4


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,


2A19, as Document No. 2019-023659, Official Records of the County of San








}.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.


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




A portion of APN #: 092-581-004




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:



Obispo, more particularly described below and depicted in Exhibit "A".

B. Grantors are improving said Real Propefty including the


and maintenance ("District Facilities)"'

1

C, Grantors desire to convey utility easements to Nipomo Community


referenced in this Agreement,



1. GRANTOF EASEMENT


District a utility easement (herein "Easement" or "Easement Area"), more

particularly described in Exhibit "B" and as depicted in Exhibit "C".

2. PURPOSE







necessary.




Area. Therefore, Granto(s) covenants, promises and agree as follows:





2




utilitìes or improvements on, over, or under the Easement Area, such as



contained within the EaSement Area, without first receiving the written approval

of District.

C. Granto(s) shall remove improvements and or utilities constructed





individually andlor collectively.

D. Granto(s), jointly and severally, agree to indemnify, defend, and





pursuant to Paragraph C, above andlor the Districts construction, operation,




4. MISCELLANEOUS






3



recover from the losing parly reasonable expenses, attorney's fees and costs'

C. The obligations of Granto(s) shall be considered for all purposes







shall in no way be affected, impaired, or invalidated thereby'



Obíspo County.

F. Recitals A through C are incorporated herein by reference as











firm(s)and that all formal requirements necessary or required by any state



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


llllilil



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


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


herein,byBoardactionon-,2o-:-.,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and

Agreement, dated ,20-, frOm Grantgrs, and conSentS to the




ATTEST:

Mario lglesias, General Manager and SecretaryNipomo Community Services Ðistrict

6


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.









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

$!)


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),


I certily under PENALW OF PERJURY under the lawsof the

-State of California that the foregoing paragraph

is true and correct.



Place Notary SealAboveOPTIONAL

Though thls secfion is optional, campteting this information can deter alteration of the document ar-


Description of Attached Document . r. -.,,. ,^ n fTige or Type of Document: ár¿¡UÍ01:(!tf{frvn!! üllrc¿tr"'Óbcument Date: z I PI?Òt cl


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


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


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


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


WHEN RECORDED RETURN TO:Nipomo Community Services DistrictP,O, Box 326Nipomo, CA93444


APN #: 092-58r-004

DEËD RESTRICTION AND AGREEMENT AFFECTING REAL PROPERTY


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:


located within the Nipomo Community Services Ðistrict, County of San Luis

Obispo, more particularly described in Exhibit "A'',


to provide water and sewer service for the property'



1


A, Grantor agrees and acknowledges that the use of self-


prohibited.



2. MISCELLANEOUS

A, This Agreement contains the entire agreement between the



signed by the party to be charged,










the remainder of the provisions hereof shall remain in fullforce and effect and




Luis Obispo County,



2





3. AUTHORITY TO EXECUÏE.


power and authority to enter into this Agreement in the names' titles, and








breach would have a material effect hereon'

lillilil



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


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



herein, by Board action on . . . ,20-, accepts the


20-., from Grantors, and consents to the recordation thereof.


By:Name: Ed EbyTitle: President

ATTEST:

Mario lglesias,Nipomo Comm

General Manager and Secretaryunity Services District

4


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.








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


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


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


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


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




A portion of APN


AGREEMENT AFFECTING REAL PROPERW


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:



Obispo, more particularly described below and depicted in Exhibit "A'.




C. Grantors desire to convey utility easements to Nipomo Community



#:092-581-005

I



1. GRANT OF EASEMENT


District a utility easement (herein "Easement" Or "Easement Area"), more

particularly described in Exhibit "8" and as depicted in Exhibit "C".

2. PURPOSE



water pipetines, sewer pipelines, and other utilities operated by the District, from




necessary.







any time, without prior notice, including the right to use lanes, drives, rights'of-




B. The Grantor(s) shall not construct or permit others to construct


2

retainíng walls, fences, patios, trees and/or shrubs which could obstruct



of District.






individually and/or collectively.





property due to District's exerc¡Se of its rights to remove improvements,

pursuant to Paragraph C, above andlor the Districts construction, operation,




4. MISCELLANEOUS











on the successors and assigns of the Grantor(s) and shall inure to the benefit of






E. This Easernent and Agreement Affecting Real Property shall be


Obispo County.

F. Recitals A through C are incorporated herein by reference as














hereby warrants that Granto(s) shall not have breached the terms or conditions



ilil

4

ilillN WITNESS WHEREOF, the parties hereto have executed this


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*


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)


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),



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


herein,byBoardactionon-,2a-,acceptsforpublicpurposes the real property, or interest described in the foregoing Easement and

Agreement, dated ,20-, from Grantors, and consents to the



ByName: Ed EbyTitle: President

ATTEST:


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


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


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


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

eXR 12,?t'

I.l

gbåÉ

IoRù,

o

I

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

t.E

g

È

SEPTEMBER 25,2019

ITEM D-3

ATTACHMENT I




APN #: 092-581-005

DEED RESTRICTION AND AGREEMENT AFFECTING REAL PROPERTY


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:



Obispo, more particularly described in Exhíbit "A".





1


A. Grantor agrees and acknowledges that the use of self-


prohibited.



2. MISCELLANEOUS



shall be of no force and etfect exceptíng a subsequent modification in writing,















Luis Obispo County.


set forth at length,

2
















ilililil

¡N WITNESS WHEREOF, the parties hereto have executed this


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)


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


Though this section is optional, completing this information can deter alteration of the document or


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

-


¡6

@201 5 National Notary Association . www,NationalNotary,org . 1-800-US NOTARY (1-800-876-6827) ltem #5907



herein, by Board action on 20-., accepts the


zl-,from Grantors, and consents to the recordation thereof.



ATTEST:


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


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


APN #:


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


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,



and after said utilíties are dedicated and accepted by the Dlstrict (herein



necessary.



inspection of Ðistrict facilities will be performed by Distríct within said Easement

Area. Therefore, Grantor(s) covenants, promises and agree as follows;


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-


hereinafter may be constructed, as shall be convenient and necessary for thepurpose of exercising the rights herein, and herein above, set forth,




2



of District.


in violation of Paragraph B, above, immediately at Grantor's expense. rf


Easement Area and remove them. District shall charge allcosts, including


individ ually and/or collectively,


hold harmless Distríct and its agents and employees from any claims, suits, or




pursuant to Paragraph C, above and/or the Distr¡cts construction, operation,



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


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




3

on the successors and assigns of the Grantor(s) and shall inure to the benefit ofDistrict and its successors and assigns.


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


G. The Agreement shall be governed by the laws of the state ofCalifornia. Any litigation regarding the Agreement or its contents shall be filed


to San Luis Obispo County, if ín federal court.


All parties to this Agreement warrant and represent that they have thepower and authority to enter into this Agreement in the names, tiües, and





complied with. Furthermore, by entering into this Agreement, Granto(s)



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.


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.


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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COUNTY OT SAN. IUIS C8IsPO, CATJFORNIA

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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

^/


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

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