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Home My WebLink AboutD-1304 2606 E1 Cerrito Ct. Recorded 03/18/1988T sI 4 7 5/21/806204 1 RECORDING REQUESTED BY;'AN41DV6 . WHEN RECORDED MAIL TO: " City Clerk's Office City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA. 93406 DOC. NO. - 4 S'7'45 OFFICIAL RECORDS SAN 1.1JsS (''4'RP0 CO., CA MAY 3 11988 FRANCIS M. COONEY County Cknk4%wfder TIME 8:00 AM OPEN SPACE EASEMENT This indenture, made and entered into this 18th day of February, 1988, by and between JEFFREY H. EDWARDS and INSONG K. EDWARDS hereinafter called "Owners" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City ". WITNESSETH: WHEREAS, Owner possesses certain property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, hereinafter described as "the subject property ", and more particularly shown in Book �3 of Parcel Maps at Page +3 (MS ML 86- 74), and by this reference incorporated herein; and WHEREAS, the subject property has certain natural scenic beauty and existing openness; and WHEREAS, both Owner and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness of said property of the Owner; and WHEREAS, the Owner has requested approval of Parcel Map 86- 74, a 4 -lot residential development of which 0.90 acres above the City's water service limit would be preserved in its scenic beauty by the restricted use and enjoyment of said property by the Owner through the imposition of a perpetual open space easement with conditions hereinafter expressed; and WHEREAS, the Owner of said property submitted plans and Final Parcel Map for said development as required by the City ordinance; and WHEREAS, the City approved said plans and Final Parcel Map including a grant to the City of a perpetual open space easement of said property; and VOt 3 ; � ?AGE 254 . Bo0;1 RF 5.00 RF 13oCOFATL RF. CF=IVF. D JUN 03 1988 CITY CLERK SAN LUIS OBISPO.CA WHEREAS, the Owner is willing to grant the perpetual open space easement on said 0.90 acres as.a part of the subdivision approval; and WHEREAS,. the Owner has supplied City with a title company Preliminary Title Report listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the subject property. NOW, THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51050, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom,, the parties hereunto agree as follows: 1. Owner hereby grant to City an open space easement in and to the property shown in Book- q-3 of Parcel Maps at Page 43 (MS SL 86 -74) , said grant of open space easement conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed and resulting from the restrictions hereby imposed upon the use of said property by Owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of himself, his heirs, successors, and assigns with the City, its successors and assigns to do and refrain from doing severally and collectively upon Owner's property the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of said property by Owner and the acts which Owner shall refrain from doing upon the said property in connection herewith are, and shall be, as follows: A) No structure will be placed or erected upon said premises except appurtenances for agricultural uses consistent with the open space character and intent of this document. B) No advertising of any kind or nature shall be located on or within said premises. C) Except for the construction, alteration, relocation and maintenance of public roads and utility easements, the general topography of the landscape shall be maintained in its present condition and no topographical changes shall be made.. D) Owner shall not cut timber, trees of other natural growth, except as may be approved by the City Community Development Director for fire protection, or as required for thinning, elimination of diseased growth and similar protective measures. -2- VT_ 3150PAGE 255 0 0 E) Owner shall not extract natural resources from said premises except for development of water rights. F) No lot split shall be permitted. H) Solid rencing within the open space shall not be allowed. Fencing design shall be appropriate to open space preservation and shall be approved by the Director of Community Development of the City of San Luis Obispo. 3. The following property rights in said property are hereby excepted from this grant and are reserved to Owner: A) The right to use and occupy said land shall include grazing and related activities or other agricultural uses as approved by the City. The right to establish and maintain plant materials including necessary irrigation. The planting of particular species and the design or location of such plantings shall be approved by the Director of Community Development of the City of San Luis Obispo. B) The right to maintain all existing private roads. bridges, trails and structures upon said land, and the right to develop and maintain public and private water sources and systems. 4. Land uses permitted, or reserved by this instrument shall be subject to the ordinances of City regulating the use of land. 5. This easement shall remain in effect in perpetuity. 6. Notwithstanding any provisions herein, this grant of an open space easement shall in no way restrict the construction of, nor the right of the Owner to permit construction of, public service facilitiess installed, or to be installed, for the benefit of the land which is the subject of this grant, provided such facilities are installed, or to be installed, pursuant to an authorization of the City Council. 7. This grant may not be abandoned by City except pursuant to all of the provisions of Section 51061 of the Government Code of the State of California. 8. This grant of open space easement, as specified in Section 51064 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.5 of Part 1 of Division 1 of Title 5 of the Government of the State of California commencing with Section 51050, shall be deemed to be an enforceable restriction within the meaning of Article XXVIII of the Constitution of the State of California. ` -3- V'!. t' PAGE 256 9. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title Report referred to above, and whose signatures are affixed hereto, do hereby assent to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. 10. The terms contained herein shall be binding on the parties hereto and their successors and assigns. 11. This open space easement shall be effective upon the effective date of recordation of Parcel Map 86 -74. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. TRUST DEED BENEFICIARIES and /or MORTGAGEES ames P. Jones Q /Imln Frances Jones CITY OF SAN LUIS OBISPO Michael. Multari, Director Community Development -4- YO:. 3150PAGE 257 STATE OF CALIFORNIA ) COUNTY OF San Luis Obispo ) On this 23 day of February , 1988, before me the undersigned, a Notary Public, personally appeared JEFFREY H. EDWARDS and INSONG K. EDWARDS, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal. "r OFF iCIr L SEAL A JUDITH D 'R'H0DP t �m <. Pl�TARY PUBLIC • CALIFOnIVIn x SAY LUIS OBISPO COIATY My corm. expires WAR 24, 1939 STATE OF CALIFORNIA ) COUNTY OF San Luis Obispo ) 4J. No ry Public On this 18th day of February , 1988, before me the undersigned, a Notary Public, personally appeared JAMES P. JONES and FRANCES JONES, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal. Notar ublic VM HERREPA Fe 'NOTARY PUBUC an ws OWN Comm CAUFORN1A My l� Vifi on WIWI an Feb. 9% 19191 ------ — ------------------------------ - ---- — STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On ' this 1 £1rh day of M,rrb___ year 1988, before me Diane R. Stuart , _____, in the - I . _ o I Notary Public---- - - - - -- personally appeared Michael Multari ------------- , known to to be Community Development Director - -- of the City of San Luis Obis o- -- , and known to me to be the person who executed the within instrument on behalf of said public I corporation, agency or political subdivision, and acknowledged to me that the City of I San Luis Obispo executed the same. OFFICIAL SEAL I i Diane R. Stuart q D NOTARY PUBLIC -CALI FORN [A I PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY (SEAL) Nh caomidm Expires May 5. 1989 Diane R. Stuart, Notary Public Vol. 3150PAGE 258