HomeMy WebLinkAboutD-1345 Tract 1438 Recorded 12/07/1989670: n.
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OFFICIAL"RECORDS .
SAN LUIS OBISPO CO., CA
RECORDING REQUESTED
FI RsT AMeRiCAmJ
WHEN RECORDED RETURN
City Clerk
City of :San_L'uis Obispo
P. 0. Box- 8100 ; >
San Luis Obispo, CA
BY:
DEC 0 7 1989
TO:
FRANCIS M. COONEY
County Cleric- Recorder
TIME &00 AM
_9.3403 =8100
OPEN SPACE EASEMENT GRANT
(Tract 1438)
AFN*k 53— 111— 045
KENNY GAZIN and CAROL GAZIN, (called the "Owner "), make this OPEN
SPACE EASEMENT GRANT regarding the following:
(a) Owner owns Tract 1438; being a subdivision of Parcel "A"
of Parcel Map SL 85 -206 as shown in Book 39 of Parcel Maps at Page
36 in the City of San Luis Obispo, County of San Luis Obispo, State
of California.
(b) The CITY OF SAN LUIS OBISPO, a Municipal Corporation,
(called the "City "), as a condition of the Tract 1438 subdivision,
requires the creation of open space easements for the benefit of
the City (and its successors and assigns) and for the benefit of
the Owner (and their successors and assigns).
OWNER HEREBY GRANTS to the City of San Luis Obispo an open
space easement in and to the area shown as the "open space
easement" on the Map of Tract 1438. By this grant of an open space
easement, the Owner conveys to the City an estate and interest in
said real property of the nature and character and to the extent
expressed by this instrument with the intended result of the
expressed restrictions imposed by this instrument upon the use of
the open space easement by the.Owner in order to accomplish that
purpose and .intent, the Owner hereby covenants (for themselves and
for their successors and assigns) with the City (and its successors
and assigns) to do and refrain from doing anything in violation of
this instrument within the open space easement.
The Owner makes this OPEN SPACE EASEMENT GRANT on the
condition that the use of the open space easement shall be
restricted as follows:
A. No buildings or structures shall be erected within the
open space easement without the unanamious approval of all Owners
of Tract 1438 and the approval of the City Council of the City of
San Luis Obispo.
B. Solid fences are prohibited and only fences approved by
the City Architectural Review Commission and the Tract 1438
Association Architectural Review Committee shall be allowed and
only to the extent that such fences are specifically found to be
appropriate for open space preservation.
C. Advertising of any kind shall be prohibited within the
open space easement.
D. Horticultural maintenance shall be restricted to promotion
of native vegetation for purposes of erosion control and fire
control unless specifically approved by the City Community
Development Department and the Architectural Committee of the Tract
1438 Association.
E. Grading shall be prohibited in the open space easement
except as permitted by the City Community Development Department
and the Architectural Committee of the Tract 1438 Association, and
then only to the extent necessary to promote native vegetation for
the purposes of erosion control and fire control or to protect the
loss of private property.
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F. Extraction of minerals and natural resources, except for
water, shall be prohibited.
G. Removal of natural vegetation shall be prohibited except
for fire protection or elimination of diseased growth, subject to
the approval of the City Community Development Department and in
cooperation with Architectural Committee of the Tract 1438
Association.
The easements created by this instrument shall remain in effect in
perpetuity. This easement grant may not be abandoned by the City
except in full compliance with section 51093 of the California
Government Code. The rights of beneficiaries of trust deeds and
mortgages shall be subordinate to the restrictions imposed by this
instrument. Nothing in this instrument is intended to supercede
the power of the City of San Luis Obispo to further restrict the
use and development of the open space easement pursuant to
ordinances and regulations governing land use. This instrument
shall both bind and benefit the parties and the successors and
assigns of the parties.
Dated: L! , 1989
STATE OF CALIFORNIA )ss.
COUNTY OF SAN LUIS OBISPO )
On this 5t day of 1989, before me, a Notary
Public, personally appear d KENNY GAZIN and CAROL GAZIN, personally
known to me or proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to this instrument.
Each of them acknowledged to me that they executed the same.
WITNESS my hand and official seal.
4 - J
GOVERNMENT CODE 27361.7
OFFICIAL SEAL
r NANCY B SHAFER
4 c1 NOTARY PUELIS
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
Name of Notary
Gl,Y1G'� T� • S� _ �
sAm Lvis 6) ��sp P —
Name of County �V4j tcl q Z
Date Commission Expires {
4of 2 O
S na pe rson Firm name
if any)+ making verification
Date
Location
City
STATE OF CALIFORNIA
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C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by the
OPEN SPACE EASEMENT GRANT
dated September 1- 19 89 Prom Carol & Kenny Gazin
to the CITY OF SAN LUIS OBISPO, a Political Corporation,.is hereby
accepted by the undersigned officer on behalf of the City Council pursuant
to authority conferred by Resolution No. 5370 (1984 Series), recorded
June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo
County, California,and the Grantee consents to recordation thereof by its
duly authorized officer or his agent.
Date: / Ld 7.1g
CITY OF SAN LUIS OBISPO
B -.0*
Ron Dunin, Mayor
ATTES ,.
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END OF DOM IAPNT
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