HomeMy WebLinkAboutD-2001-A Riparian Conservation Easement 3374 Rockview PlaceRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Cityof San Luis Obispo
CityClerk's Office
990 Palm Street
San Luis Obispo, CA 93401-3249
JULIE RO MA"
San Luis Obispo Couk,.,—Clerk/Recorder
Recorded at the request of
Public
DOC#: 200108p833p7
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RIPARIAN CONSERVATION EASEIVIENT
AND AGREEM ENT
MF
11/14/2001
4:14 PM
Titles: 1
Pages: 7
Fees
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Taxes
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Others
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PAID
$0.00
This indenture, made and entered into this dayof 200 t , by
and between Gear e . PalmerM hereina ercalled "Owner", and
the CITY OF SAN LUIS OBISPO, a municipal corporation of the Stale of California,
hereinafter called "City!'.
WITNESSETH
WHEREAS, Owner possesses certain property situated within the City of San
Luis Obispo, as described in Exhibit "A", attached hereto and made a part of this
easement by reference, commonly known as _3374 Rockview Place (Assessors Parcel
Number: 004-601-018. -012. -024).
WHEREAS, the subject property contains a tributary of Acacia Creek, which the
Citydesires to maintain as an open channel, and enhance with native riparian plantings;
and
WHEREAS, this riparian area, more particularly described in Exhibit "B" attached
hereto and made a partof this easement by reference, has certain natural scenic beauty
and existing openness; and
WHEREAS, an irrevocable offer of dedication of a riparian conservation easement
was required as a condition of the Citys approval of the A 48-98, a use permit required
of the apartment project because of the site's R-2S, Medium -Density Residential with
the Special Consideration overlayzoning; and
WHEREAS, both Owner and Citydesire to preserve, conserve, and enhance for
the public benefit and the natural scenic beauty and existing openness, natural condition
and present static of use of the site's riparian area; and
WHEREAS, the Owner has offered to dedicate the subject easement to preserve
the site's scenic beauty and existing openness by restricting Owner's use of and
activities on subject property through the imposition of a perpetual riparian conservation
easement with conditions hereinafter expressed; and
vzz-o � - N
Riparian Conservation Easement and Agreement
Page 2
WHEREAS, the Owner is willing to grant said easement on the subject property,
as partof a development approval.
NOWTHEREFORE, in consideration of the subject property and in compliance
with Chapter 6.6 of Part I of Division 1 of Title 5 of the Government Code of the State of
California commencing with Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and of the substantial public
benefits to be derived therefrom, the parties agree as follows:
1. Owner herebygrants to City, a riparian conservation easement over a designated
portion of the subject property. Said grant of easement coneys to City, an estate
and interest in the subject property. The nature, character and the extent of the
easement are as described below, and results from the restrictions hereby
imposed upon the use of the subject property by Owner. To that end, and for the
purpose of accomplishing the intent of the parties hereto, Owner covenants on
behalf of itself, its heirs, successors and assigns, with the City, its heirs,
successors and assigns, to do and refrain from doing severally and collectively
upon the subject property, the various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of the riparian conservation
easement area of the subject property by Owner and the acts which owner shall
refrain from doing in this area are, and shall be, as follows:
a. No structures, other than the minor recreational features included on the
approved landscape plan, and the pedestrian bridge approved by the
Architectural Review Commission and shown on project working
drawings, will be placed or erected within the easement area. If desired,
see through fencing appropriate to open space preservation may be
allowed if approved by the citys Natural Resources Manager and
Architectural Review Commission.
b. No signs, billboards, similar structures or devices, or advertising of any
kind or nature shall be located on or within the subject easement area.
C. Owners shall not plant nor permit to be planted any vegetation within the
subject easement area, except as may be associated with riparian
corridor restoration, erosion control, fire protection, soil stabilization, or as
allowed and approved by the Citys Community Development Director and
Natural Resources Manager. Anysuch vegetation shall be native riparian.
d. The general topography of the easement area shall be preserved in its
natural condition.
Riparian Conservation Easement and Agreement
Page 3
e. No extraction of surface or subsurface natural resources shall be allowed.
f. No removal of natural vegetation shall be allowed except for fire proL-ction,
elimination of dead growth or riparian corridor restoration as directed and
approved by the Community Development Director and Natural Resources
Manager.
g. No use of said described easement area, which will, or does materially
alter the landscape or other attractive scenic features of said easement
other than those above specified shall be done.
4. This easement shall remain in effect in perpetuity,
5. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the GovernmentCode of the State of California.
6. This grant of riparian conservation easement, is a type of open space easement
as specified in Section 51096 of the Government Code of the State of California,
upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of
Division 1 of Title 5 of the Government Code of the Static of California
commencing with Section 51070, shall be deemed to be an enforceable
restriction within the meaning of Article XIII, Section 8 of the Constitution of the
State of California.
7. Land uses permitted or reserved to the owner bythis grant shall be subject to the
ordinances of Cityregulating the use of land.
8. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review and
approval of 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.
9. The terms contained herein shall be binding on the parties hereto and their heirs,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document on the
dayand yearfirst above written.
Riparian Conservation Easement and Agreement
Page 4
ALL SIGNATURES MUST BE NOTARIZED
///� ��
date Owner
9corge U. 'PQW ner
Y'a/ 3o�tn IMa.dlJi���
of 8an Luis Obispo by
Community Development Director
State of California }
County of San Luis Obispo)
On
date
Owner
ma6\\ty'\ m. Pla\rner
.6Lkf\Aq1Notary Public,
personally appeared L^s V ,�Or- d. VI me f ( )
personally known to me - or -(Y) proved to me on the basis of s tisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
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.
Witness my h ffic I seal.
NICOL R. ZUNDEL
j�R 0
%.,SAN
Comm. #1210756
Notary PublicLaryPublic California LUIS OBISPO COUNTY
y Cortm. Wt res Feb. 13.2DO3
Capacity claimed by signers
,14
-;)L-,DI
be
pre me,
(tit) individual(s) ( ) corporation ( ) partnership ( ) attomey-in-fact ( ) political
agency
State of California }
County of San Luis Obispo }
On November 14, 2001, before me, Diane R. Stuart, Notary Public, personally appeared
Ronald Whisenand, personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument the person or the entity upon behalf
of which the person acted, executed the instrument.
Witness my hand and official seal.
Diane R. Stuart, otary Public
OFFICIAL SEAL
MANE R. STUART
_ NOTARY PUBLIC- CALIFORNIA
r. COMMISSION #130643D
BAN LEAS OBSPO WuN1Y
My Cammisslon Exo. June 20, 2003
Riparian Conservation Easement and Agreement at 3374 Rockview Place
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END OF DOCUMENT