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Home My WebLink AboutD-2016-W Restrictive Covenant Affecting Real Property Lots 81 and 84 of Tract 2428-1 (2)RECORDING REQLTSTTED BY: UESTED AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3218 _L_J__. 2016042221 Tommy Gong San Luis Obispo - County Clerk -Recorder 08/29/2016 08:00 AM Recorded at the request of: FIRST AMERICAN TITLE COMPANY Titles: 1 Pages: 5 Fees: $33.00 Taxes: 0.00 Total: 33.00 1111lli'RV,011NI Exempt from recording fees - Govt. Code §6103 RESTRICTIVE COVENANT AFFECTING REAL PROPERTY (Open Space Parcel) This RESTRICTIVE COVENANT AFFECTING REAL PROPERTY ("Restrictive Covenant") is made this � � n day of 4Tu 20:KL1__ (tine "Effective Date"), by Margarita Ranch SLO, LLC, a California limited liability company (hereinafter referred to as "Declarants"). RECITALS WHEREAS, Declarants are the owners of that certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as Lots 81 and 84 of Tract 2428-1 as shown on map filed in Book '_;ro of Maps at Pages i'Z to �, in the office of the County Recorder of San Luis Obispo County, California (the "Property"); and WHEREAS, on July 3, 2007, the City Council of the City of San Luis Obispo approved Resolution No. 9917 (2007 Series) authorizing the development of Tract 2428 subject to certain conditions of approval (the "Project"); and WHEREAS, on April 15, 2014, the City Council of the City of San Luis Obispo approved Resolution No. 10514 (2014 Series) modifying the conditions of the Project; and WHEREAS, the tentative map and mitigation measures for Tract 2428 designated Lots 81 and 84 as open space parcels; and WHEREAS, by this Restrictive Covenant, Declarants wish to comply with the tentative map and mitigation measures and forever preserve a portion of the Property as private open space and subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Declarants hereby declare that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to this Restrictive Covenant (and incorporating the above recitals herein by this reference) which shall run with the land and shall be binding upon Declarants' heirs, successors in interest, legal -201G-W ,representatives, administrators, grantees, assigns, lessees, or any other occupiers and users of the Property, or any portion of it, as follows: 1. Pub. The purpose of this Restrictive Covenant is to preserve and protect in perpetuity the natural, ecological, open space, and aesthetic features and values of the Open Space Area, as that area is defined in Section 2 below. 2. Prohibited Uses. Declarants hereby declare that the Property shall remain in perpetuity as open space and that no activity or activities shall be allowed within the Property which are inconsistent with the purpose and intent of this Restrictive Covenant and which would otherwise change, alter or impair the natural, ecological, open space and aesthetic features and values within and upon the Property. Without limiting the generality of the foregoing, the following uses and activities are expressly prohibited within the Property unless approved by the City of San Luis Obispo to construct, maintain, repair, or replace the improvements on the Property shown on the approved public improvement plans; a. Filling, dumping, excavating, drilling, mining, grading or any other similar land disturbance; b. Construction, reconstruction, erecting or the placement of any building, structure or improvement of any kind; c. Commercial, industrial, agricultural, residential or institutional uses; d. Any division, subdivision or partitioning of the Property; e. Depositing or the accumulation of soil, trash, refuse, waste or any other materials; f. Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for wildland fire vegetation control (weed abatement) or as necessary to accommodate natural drainage patterns; g. Altering the surface or general topography of the Property, including, but not limited to, alterations to habitat, building roads, paving or otherwise covering the Property with concrete, asphalt or any other impervious material; and h. Planting, introducing or dispersing non-native or exotic plants. 3. Allowed Uses. Notwithstanding anything herein to the contrary, portions of a pedestrian and bicycle path and associated improvements such as pathway lighting, conduit, minor retaining wall adjacent to path, landscaping and irrigation may be constructed within the Property provided such uses do not unreasonably interfere with the purpose and intent of this Restrictive Covenant. Said improvements shall be subject to review and approval by the City's Community Development Director and Natural Resources Manager. 4. Rights of the City of San Luis Obispo. Declarants hereby convey the following rights to the City of San Luis Obispo, and its assigns or designees: 2 a. To preserve and protect the natural, ecological, open space and aesthetic features and values of the Property; b. To enter upon the Property upon reasonable notice in order to monitor Declarants' compliance with the terms, conditions, restrictions and purposes of this Restrictive Covenant; and c. To prevent any activity on or use of the Property that is inconsistent with the purposes of this Restrictive Covenant and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 5. Irrevocable Covenant; Enforcement. This Restrictive Covenant and the provisions hereof are irrevocable. In the event of a breach, or threatened breach, the City of San Luis Obispo shall have the right to enforce the terms and conditions of this Restrictive Covenant, including, without limitation, the right to take appropriate legal action, including, but not limited to issuance of a temporary restraining order, preliminary or permanent injunction, or damages for breach of covenant, or any other such legal action as the City deems necessary to insure compliance with the terms, conditions, purposes or restrictions hereof. Declarants acknowledge that any breach of this Restrictive Covenant will cause irreparable harm to the Property and that no adequate remedy at law is available. 6. Baseline Conditions. Declarants acknowledge and agree that the baseline conditions assessment prepared by the City of San Luis Obispo accurately depicts the condition of the Property at the time of this Restrictive Covenant. 7. Amendments. This Restrictive Covenant may not be amended without prior written approval of the City of San Luis Obispo. Any such amendment shall be consistent with the purpose of this Restrictive Covenant. Any amendments without the prior written approval of the City of San Luis Obispo shall be null and void. 8. Access. This Restrictive Covenant does not convey a general right of access to the public. 9. Reserved Ribhts. Declarants reserve to themselves, and to their personal representatives, heirs, successor in interest and assigns, all rights accruing from Declarants' ownership of the Property including the right to engage in or permit or invite others to engage in all uses of the Property that are not prohibited or limited by, and are consistent with the purposes of this Restrictive Covenant. 10. Recordation and Termination. This Restrictive Covenant shall be recorded against the title to the Property and may only be released by a subsequent instrument executed by the City of San Luis Obispo. 11. Irrevocable Covenant. This Restrictive Covenant and the provisions hereof are irrevocable. The City of San Luis Obispo, its assigns and designees, shall have the right to enforce each and every provision hereof. 3 12. Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Restrictive Covenant, be it in law or in equity, the prevailing party shall be entitled to an award of its attorney's fees in addition to all other costs and/ or expenses of collection, suit, arbitration and/ or other action taken, including, but not limited to, costs of restoration of the Property. 13. Authority of Parties. Declarants represent and warrant that they are the true owners of the Property. All persons executing this Restrictive Covenant on behalf of a party warrant that they have the authority to execute this Restrictive Covenant on behalf of that party. 14. Liberal Construction. If any provision is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 15. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to any other persons or circumstances. 16. Captions. The captions in this instrument have been inserted solely for convenience or reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. IN WITNESS WHEREOF, Declarants have executed this agreement and restrictive covenant this day and year first above written. DECLARANTS: Margarita Ranch SLO, LLC a California limited liability company 4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo On �� before me,I a e Name and Tille or Ine cer personally appeared, Z- /, rn who proved to me on the basis of satisfactory evidence to be the personko whose name¢sj' is/am subscribed to the within instrument and acknowledged to me that hels#he/they executed the same in hislherlt}eirauthorized capacityLe%); and that by his/herltl�W-i4 signature(s)' on the instrument the person(s,), or the entity upon behalf of which the persor*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. DIANE L. KELLEBREW WITNESS my hand and official seal. Commission #f 2050280 Notary Public - Calitornis I%r San Luis Obispo County MY g 9"�� j Comm. E rot, Dec 252017 Signature S gnatura of IN ry ub iC Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On , before me, a e Name and I E e of a Ecer personally appeared, Name of SEgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature lgnaIUre of Notary Publle Place Notary Seal Above Eli[) OF DOCLUIENT