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HomeMy WebLinkAboutItem 11 - COUNCIL READING FILE_g_Lot 10 Open Space Conservation EasementRECORDING REQUESTED BY ANDWHEN RECORDED RETURN TO:City of San Luis ObispoAttn: City Clerk990 Palm StreetSan Luis Obispo, CA 93401PTNofAPN: 067-121-022Space Above This Line for Recorder's UseNo fee pursuant to Government Code § 6103No Documentary Transfer Tax per R&T Code § 11922No Recording Fee per Government Code § 27383OPEN SPACE CONSERVATION EASEMENTThis Open Space Conservation Easement ("Easement") is made this ''-ip "' of2019, by MI SAN LUIS RANCH, LLC, having an address at 330 James Way,Suite 270,'Pismo Beach California 93449 ("Landowner"), to the City of San Luis Obispo,having an address at 990 Pabn Street, San Luis Obispo, California 93401 ("Grantee"), forthe purpose of forever conserving the open space character of the subject property.RECITALSA. WHEREAS, Owner owns certain real property (the "Subject Property") legallydescribed in the attached Exhibit "A"; andWHEREAS, the Subject Property has certain natural biological resources, naturalscenic beauty and existing openness of importance to the community; andWHEREAS, on July 18, 2017, the City Council adopted a resolution certifying theFinal Envu-onmental Report ("FEIR") for the Project and adopting CEQA findings and amitigation monitoring plan, and adopted a resolution approving the San Luis RanchSpecific Plan and related entitlements; andWHEREAS, on July 17, 2018, the City Council adopted a resolution certifying aSupplemental Environmental Impact Report ("SEIR"), and adopted a resolution approvingthe Amended San Luis Ranch Specific Plan and related entitlements; andWHEREAS, both Owner and City desire to preserve and conserve for the publicbenefit the biological diversity, natural scenic beauty and existing openness and othernatural conditions on the Subject Property; andPage 1San LI.IIS Ranch - Open Spciee Conservation Easement/l)l-^-20h)i WHEREAS, in order to satisfy the requirements of the FEIR, the Owner has agreedto grant to the City, and City has agreed to accept, this biological open space easement topreserve the above described values by restricting Owner's use of and activities on theSubject Property through the imposition of a perpetual biological open space easement withthe terms and conditions hereinafter set forth.GRANT OF OPEN SPACE CONSERVATION EASEMENTNOW THEREFORE, in consideration of the above recitals, in compliance withChapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State ofCalifornia commencing with Section 51070, and in further consideration of the mutualpromises, covenants and the conditions herein contained and the substantial public benefitsto be derived therefrom, the Owner and City agree as follows:1. Owner hereby grants to City, and City hereby accepts, a biological openspace easement (the "Easement") over a portion of Subject Property legally described inattached Exhibit "B" (the "Easement Area") both of which are incorporated herein by thisreference. Said grant of easement conveys to City an estate and interest in the SubjectProperty. The purpose of the easement is to protect said biological diversity, natural scenicbeauty and existing openness and other natural conditions by voluntarily restricting the useof the Easement Area as hereinafter set forth.2. The Landowner and its successors in interest to the Easement Area,including their respective agents, may undertake and enjoy use of the Easement Area forall purposes as provided in the San Luis Ranch Specific Plan, specifically for HabitatEnhancement, Resource Management, and Improvements including those uses set forth insubsections (a) through (k) below (collectively the "Allowed Uses"):(a) Activities to create, maintain, restore, or enhance wildlife habitatand native biological communities on the Property pursuant to the approvedHabitat Mitigation and Monitoring Plan, the approved Wetland andRiparian Mitigation and Monitoring Plan, and the approved Tree ProtectionPlan, collectively, the "Mitigation Plans." Landowner will be responsiblefor implementing the activities required under the Mitigation Plans for thetime period set forth therein. After Landowner's completion of the activitiesrequired under the Mitigation Plans, title to the Property and responsibilityfor long-term maintenance will pass to the San Luis Ranch Home Owner sAssociation.(b) Removal, pruning, and maintaining vegetative resources, includingremoval of invasive species, to the extent reasonably prudent as required toaccommodate permitted improvements on the Property, or maintaining thehealth of native species on or about the Property. Planting and replanting,including but not limited to riparian restoration and compensatory wetlandPage 2San Luis Ranch - Open Space Conservation C-asementi01-25-21)l<)i mitigation with native species, is specifically allowed, per the MitigationPlans.(c) Recreational, educational, and scientific research activities arepermitted that do not materially and adversely affect maintenance orattainment of Conservation Purpose such as the following: (1) wildliferesearch consistent with and in furtherance of the Open Space Purpose, and(2) nature study.(d) Construction, use, maintenance and repair of improvements withinthe Easement Area as shown on the approved subdivision improvementplans for Tract 3096 on file at the City (FMAP-0174-2017), including anymodifications thereof, (the "Approved Plans"), is allowed, subject to allfederal, state, and local regulations. Replacement, relocation, removal, orexpansion of said improvements in substantially the same locations asshown on the Approved Plans is allowed subject to any required review andapproval by the City and required regulatory agencies.(e) Community gardens for the benefit of the residents of the SubjectProperty in accordance with the Specific Plan, CC&R's, and San LuisRanch Home Owner's Association Rules & Regulations may bemaintained, repaired, and replaced on the Easement Area.(f) The right for domestic, non-commercial puq^oses to engage in anyoutdoor recreational and other open-space activities that are not disruptiveof the natural envkonment and which are not inconsistent with the purposeof this Open Space Conservation Easement.(g) Utility improvements must be underground or, subject to review,may be aboveground where not reasonably feasible to be installedunderground.(h) New buildings and other structures and improvements to be usedsolely for the Allowed Uses on the Easement Area, including facilities fornature study, footbridges, stream crossing structures, stream accessstructures, and storage buildings of a maximum size of 200 s.f. but notincluding any dwelling, may be built on the Easement Area with thepermission of the Grantee which shall not be unreasonably withheld. Allsuch structures may be repaired and replaced without permission of theGrantee.(i) A water well for irrigation purposes on the Easement Area may beconstructed and maintained in the Easement Area.Page 3San Luis Ranch - Open Space Conservation Easement(01-15-2011)) (j) Fences may be maintained, repaired, and replaced. If desired, "see-through" fencing appropriate to open space preservation may be constructedprovided that the location and design of fences shall facilitate themovements of wildlife across the Easement Area and are otherwiseconsistent with the Purpose.(k) Signs may be placed and maintained on the Property in accordancewith the San Luis Ranch Specific Plan. Informational signage may beplaced and maintained on the Property provided that no individual signexceeds twelve (12) square feet. Landowner may place larger signs on theEasement Area if Grantee determines that said signs are consistent with thePurpose.3. The restrictions hereby imposed upon the use of the Easement Area byOwner and the acts which Owner shall refrain from doing upon the Easement Area are,and shall be, as follows:(a) Owner shall not remove or permit to be removed any vegetationwithin the Easement Area, except as reasonably necessary for fireprotection, hazard abatement, drainage conveyance, or replacement orremoval of dead vegetation, as allowed or approved by the City's NaturalResources Manager or his/her designee. Owner shall be solely responsiblefor obtaining any and all necessary permits and regulatory approvals, asapplicable, prior to engaging in such work.(b) No extraction of surface or subsurface natural resources shall beallowed.(c) The general topography of the Easement Area shall be preserved inits natural condition on the Easement Area except as otherwise approved inthe Approved Plans.(d) No obstructions to drainage flows in the Easement Area shall beallowed.4. Owner hereby grants to City the following rights:(e) To access and enter upon the Easement Area at reasonable times inorder to monitor Owner's compliance with and to otherwise enforce theterms of this Agreement.(f) To access and enter upon the Easement Area in order to remove anddispel any encampments or illegal occupations located thereon.Page 4San Lui.s Ranch - Open Space Conservation EasementH)l-25-2(H')i 5. Owner retains all responsibilities and shall bear all costs and liabilities ofany kind related to the ownership, operation, upkeep, and maintenance of the EasementArea, including removing any drainage obstructions as needed to provide for theconveyance of creek flows, subject to the review and approval of other agencies withregulatory control over work done in the riparian corridor, specifically the StateDepartment of Fish and Game and the U. S. Army Corps of Engineers. In the event theCity determines that the Owner has not adequately maintained the Easement Area inaccordance with the provisions of this Agreement, then the City may give written notice tothe Owner, which notice shall contain a reasonable time to cure, and in the event Ownerfails to cure, then the City may undertake the maintenance of such Easement Area atOwner's sole cost and expense. Any costs incurred by the City shall be a lien against theproperty and shall be the personal obligation of the Owner.6. Nothing contained herein shall ever be construed as a grant to the generalpublic of any right to enter upon any part of the Property, although Landowner may permitpublic access to the Property on such terms and conditions as it deems appropriate,provided that such access is consistent with the Purpose.7. Owner shall indemnify, defend and hold harmless City, its officials, officersand employees, agents, representatives, successors and assigns from and against any andall claims, actions, or demands, costs or expenses (including attorney's fees), arising outof or in any way connected with Ownei s obligations set forth in this Agreement.8. This Easement shall remain in effect in perpetuity.9. This grant may not be abandoned by the City except pursuant to all of theprovisions of Section 51093 of the Government Code of the State of California.10. This grant of biological open space easement, as specified in Section 51096of the Government Code of the State of California, upon execution and acceptance inaccordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code ofthe State of California commencing with Section 51070, shall be deemed an enforceablerestriction within the meaning of Article XIII, Section 8 of the Constitution of the State ofCalifornia.11. Land uses permitted or reserved to the Owner by this grant shall be subjectto the ordinances of the City regulating the use of land.12. The City shall have the right of access to remove any drainage obstructionsas needed to provide for the conveyance of creek flows,-subject to the review and approvalof other agencies with regulatory control over work done in the riparian corridor,specifically the State Department of Fish and Game and the U. S. Army Corps of Engineers.Page 5San LLIIS Ranch - Open Space Conservation Easement/n i -?.)--2rt ,1)1 13. Any notices to the Landowner and the Grantee required by this Easementshall be in writing and shall be personally delivered or sent by First-Class Mail to thefollowing addresses, unless a party has been notified by the other of a change of address:If to Grantee: Michael CodronCommunity Development Department919 Palm StreetSan Luis Obispo, CA 93401With Copy to: J. Christine DietrickCity Attorney990 Palm StreetSan Luis Obispo, CA 93401If to Landowner: Gary GrossmanMI San Luis Ranch, LLCc/o Coastal Community Builders, Inc.330 James Way, Suite 270Pismo Beach, CA 93449With Copy to: Steven SpiererSpierer|Woodward|Corbalis|Goldberg707 Torrance Boulevard, Suite 200Redondo Beach, CA 90277-340014. The terms and conditions contained herein shall run with the land and shallbe binding on the parties hereto and their heirs, successors and assigns.15. If any legal action or proceeding arising out of or relating to this Agreementis brought by either party to this Agreement, the prevailing party will be entitled to receivefrom the other party, in addition to any other relief that may be granted, the reasonableattorney's fees, costs, and expenses incurred in the action or proceeding by the prevailingparty.16. This Easement shall be interpreted under the laws of the State of California,resolving any ambiguities and questions of the validity of specific provisions so as to givemaximum effect to its conservation purposes.17. If any term, provision, covenant, condition, or restriction of this Easementis held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, ornot effective the remainder of this Easement shall remain in full force and effect and shallin no way be affected, impaired, or invalidated.18. This Agreement constitutes the entire agreement between Owner and Cityrelating to the Easement. Any prior agreements, promises, negotiations, or representationsPage 6San Luis Ranch - Open Space Conservation EasementIt'll-25-20 D) not expressly set forth in this Agreement are of no force and effect. Any amendment to thisAgreement will be of no force and effect unless it is in writing and signed by Owner andCity or their respective successors or assigns. This Agreement will be effective upon thedate it is recorded.FN WITNESS WHEREOF, the parties hereto have executed this document on the dayand year first written above.GRANTEE:CITY OF SAN LUIS OBISPOHeidi Harmon, MayorAPPROVED AS TO FORM:LANDOWNER:MI SAN LUIS RANCH, LLC,a Delaware limited liability companyBy: MI Entitlements IV, LLCA Delaware limited liability companyIts: ManagerBy: Presidio Merced Land IV Passive, LLCA Delaware limited liability companyIts: Co-ManagerChristine Dietrick, City AttorneyBy:Michaef^I. -SullivanIts Authorized RepresentativeBy: GGCCB,LLCA California limited liability companyIts: Co-ManagerBy:iary Qr6ssmanIts Managing Member[A CKNO WLED CEMENTS A TTA CHED.]Page 7Sun LDIS Ranch - Open Space Conservcition Easement11)1-^-^1191 Page 8 San Luis Ranch - Open Space Conservation Easement (01-25-2019) EXHIBITS Exhibit A (Legal Description of Subject Property) Exhibit B (Legal Description of Easement Area) Page 9 San Luis Ranch - Open Space Conservation Easement (01-25-2019) EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Tract 3096 recorded on ____________, 20____ in Book ______ of Maps, Pages ____ through ____, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 10 San Luis Ranch - Open Space Conservation Easement (01-25-2019) EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA That portion of Lot 1 identified as “Private Open Space and Conservation Easement” shown on the map of Tract 3096 recorded on ____________, 20____ in Book ______ of Maps, Pages ____ through ____, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and All of Lot 3 identified as “Private Open Space Conservation Easement, and P.A.E.” shown on the map of Tract 3096 recorded on ____________, 20____ in Book ______ of Maps, Pages ____ through ____, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE § 1189A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of r^lA^-LLU^VDOnJ^^),^)l^^}Dof4personally appearedbefore me,^44. fi^\^t ^ft^\r^^, M^^RUl^Here /nsert Name and Titl6 of the Officerr^^rn^nName(s) ofSigner(s)who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entityupon behalf of which the person(s) acted, executed the instrument.SHERIF. KASTRAVANotary Public - California ;San Luis Oblspo County SCommission #2263811My Comm. Expires Oct 22, 2022P/oce Notary Seal and/or Stamp AboveI 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.SignatureSignature of Notary PublicOPTIONALCompleting this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumentTitle or Type of Document:Document Date:..Number ofPages:.Signer(s) Other Than Named Above:Capacity(ies) Claimed by Signer(s)Signer's Name:D Corporate Officer - Title(s):a Partner - D Limited a Generala Individual D Attorney in Facta Trustee D Guardian of Conservatora Other:Signer is Representing:Signer's Name:D Corporate Officer - TItle(s):D Partner - D Limited D GeneralD Individual a Attorney in FactD Trustee a Guardian of ConservatorD Other:Signer is Representing:©2017 National Notary Association ACKNOWLEDGMENTA notary public or other officer completing this certificate verifies only the identity of theindividual who signed the document to which this certificate is attached, and not the truth-fulness, accuracy, or validity of that document.State Of MinnesotaCounty Of HennepinOn 2/14/19before me. Amy sunde11' Notary public(insert name and title of the officer)personally appeared Michael M. Sullivanwho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/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 foregoing para-graph is frue and correct.WITNESS my hand and official seal.SignatureAZd.(Seal)AMY SUNDELL3i^ NOTARY PUBLIC'^;WESOTL,.^S'iS!&&'?l Commiss'on &;pires JanuaryMy 0