HomeMy WebLinkAboutD-1370 1314 Pismo Street Apn 002-343-0021 Recorded 08/27/1991RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
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DOC. NO. 527392 711174 51 3
OFFICIAL RECORDS
SAN ,LUIS:OBISPO CO., CA
7; :1'000 PF
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700 PF
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AUG 2 7 1991 RECEivcn
CITY CLERK
CITY OF SAN LUIS OBISPO FRANCIS M. COONEY MAR"3 1 1992
P.O. BOX 8100 County Clerk- Recorder
SAN LUIS OBISPO, CA 93403 -8100 TIME 10 5 0 AM
0rry CLERK
KAY,ev�l�P9 Cis
OPEN SPACE AND PUBLIC PEDESTRIAN ACCESS EASEMENT
THIS INDENTURE, made and entered into this day of
A 2 1991, by and between DON AND RENEE WRIGHT
(hereinfafter called "OWNER)" and 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 referred to as "the subject property ") located at 1314
Pismo Street, (APN #002 -343 -0021) and more particularly described
in Exhibit "A" attached hereto 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, natural condition and present state of use of said
property of OWNER; and
WHEREAS, OWNER has requested approval to build a. 1,744 square
foot house on the subject property which includes a total of
approximately 12,000 square feet,, of which approximately 8,200
square. feet would be preserved in its present scenic beauty and
existing openness by the restricted use and enjoyment of said
property by OWNER through the dedication of a perpetual open'space
and public pedestrian access easement with conditions hereinafter
expressed; and
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WHEREAS, OWNER of said property submitted .plans for said house
as required by CITY ordinance; and
WHEREAS, CITY has granted a setback variance and final
architectural approval to said plans conditioned upon a grant to
CITY of .a perpetual open space and public pedestrian access
easement on a portion of said property (City Files No. V1471, ARC
89 -143) as described in Exhibit "B" and as shown in Exhibit, "c",
both of which are attached hereto and by this reference incorporat-
ed herein; and
WHEREAS, OWNER is willing to grant the perpetual open space
easement on said property as a part of the development 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 6.6 of Part 1 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 conditions herein contained and the substantial
public benefits to be derived therefrom, the parties hereunto
agree, as follows:
1. OWNER hereby grants to CITY a. perpetual open space and
public pedestrian access easement, as described in Exhibit "B" and
shown in Exhibit "C.," in and to the property described in Exhibit
"A," said grant of perpetual open space and pedestrian 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
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behalf of himself, his heirs, successors, and assigns with 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 inconsistent with the open space character and intent of
this Agreement.
b. No advertising of any kind or nature shall be
located on or within said premises..
C. OWNER shall not plant, nor permit to be planted, any
vegetation upon said premises except as may be associated with
erosion control or other uses which Community Development deter-
mines to be consistent with the provisions of this Agreement.
Permitted uses shall include, but not be limited to, grazing and
related activities or other agricultural uses permitted by the City
Council.
d. Except for the construction, alteration, relocation
and maintenance of public roads, trails, and utility easements, the
general topography of the landscape shall be maintained in its
present condition and no topographical changes shall be made..
e. No use of said described premises which will or does
materially alter the landscape or other attractive scenic features
of said premises other than those above- specified shall be done or
suffered.
f. OWNER shall not.cut timber, trees or other natural
growth, except as may be approved by the City Community Development
Director for fire protection, or as required for thinning, elimina-
tion of dead or diseased growth and similar protective measures.
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g. OWNER shall not extract natural resources from said
premises except for development of water rights, as may otherwise
be permitted by law.
h. No lot split shall be permitted.
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 be
limited to grazing and related activities or other agricultural
uses as approved by the CITY. No vegetation other than that
necessary for erosion control or permitted for agricultural uses
may be.planted.
b. The right to maintain all existing private roads,
bridges, trails and structures upon said land, and the right to
develop and maintain private water sources and systems, provided
that such actions do not block or impede public pedestrian access
within said easement.
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. CITY shall have the right to construct public trails and
related improvements reasonably necessary for the public use and
enjoyment of the open space easement. CITY intends to coordinate
construction of such improvements, to the extent it determines
appropriate, with development of a more comprehensive open space
and trails system for the community. CITY shall consult with OWNER
regarding the design and timing for installation of improvements
intended for public use.
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.
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8. Upon execution and acceptance, this grant of open space
easement, in accordance with Chapter 6.6 of Part 1 of Division 1 of
Title 5 of the Government Code of the State of California, commenc-
ing with Section 51.070, shall be deemed to be an enforceable
restriction within the meaning of Article XXVIII of the Constitu-
tion of the State of California.
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 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 easement shall be effective upon the effective date
of recordation.
IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
OWNE .
r
DON WRI HT
REN WRIGHT
CAT. NO. NNO0627
TO 1944 CA (1 -83)
(Individual)
STATE OF CALIFORNIA
CITY:
CITY F SA\\N LUIN OBISPO
By:
ARNOLD JqNAcr, Director
Communit D velopment
QCO TIC ®R TITLE INSURANCE
COUNTY OF SAN LUIS OBISPO } SS.
On August 16, 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared Don Wright and Renee Wright ----------------- - - - - --
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person 8 whose name s are subscribed to the OFFICIAL SEAL
within instrument and acknowledged that the
g the - MARILYN PERRY
',
cuted the same: s gyp$ `o Notary Public — California
WITNESS my hand and official seal. i . ' Principal office in
Signature /J ,
San Luis Obispo County
Ally Comm. Expires on Aug. 19, 1991
jo.0j .A4PAGE408
(This area for o ficial- notaria seal)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
Lot 13 In Block 16 of Central Addition to the City of San Luis
Obispo, in the City of San Luis. Obispo, County of San Luis
Obispo, State of California, according to rap,fi.led for record
July 27, 1894 in Book A, -Page 54 "of Maps.
PARCEL 2:
That portion of Block 1.6 of the Central Addition to the City of
San Luis Obispo, in the City of San Luis Obispo, County of San
Luis' Obispo, State of California, according' to nap filed for
record July 27, 1894, in Book-A, Page 54 of Naps, in the office
Of the County Recorder of said County, described as follows:
Beginning at the Southwest corner of Lot 15 in Block 16 at the
corner of Johnson Avenue, (forrnerly•Essex Street) and Pismo
Streets, and r"unning thence Northerly up the center of San Luis
Creek, across Lots 15 and 14.in said Block, to the Easterly line
of Lot 14; thence following said line Southeasterly:to stake at
Corner of Lots 13 and 14 on Pismo Street; thence Westerly to the
point of beginning.
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1
Legal Description of
open Space and Public Pedestrian Access
Easement
For 1314 Pismo Street
City of San Luis Obispo
Beginning at the southernmost property corner at the intersection
of Pismo St. and Johnson Ave. and travelling along the easternmost
property line, N49 degrees- 52'47'E, along Pismo St. a distance of
45'0" and thence turning 90 degrees and travelling approximately
15' to the physical top of bank of 'San Luis Creek and thence
turning North and travelling the physical top .of bank to the
Northernmost property line and thence turning Northwest and tra-
velling the subject property line, N40 degrees- 08'28 "W, across San
Luis Creek-to the Northernmost corner thence turning 90 degrees
and travelling the Westernmost property line, N49 degrees- 51'07'E,
to the subsequent corner thence turning 90 degrees and travelling
along the subject property line N40 degrees, 10' 43 "W to the cen-
ter of San Luis Creek thence South along the center of San Luis
Creek to the Southernmost property line thence travelling along
the southernmost property line, N40 degrees -15'W to the point of
origin.
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
On this 21st day of August , in the year 1991, before me Diane R. Stuart.
Notary Public----- - - - - -- personally appeared Arnold B. Jonas ; known to me
to be Community Development Director of the City of San Luis Obispo , and known to
me to be the person who executed-the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that the City of
San Luis Obispo - - - - -- executed the same.
awa R enum
MWAV PUBW - C!—l�CJiLE A IMW SAN tS OM" Cotl�ilY
�• ( SEAL) my Cow. ER*G$ Mil► 2. t983
Diane R. Stuart, Notary Pu lic
--------- Wriht Omen _S��a_ce and Public Pedestrian Access Easement ; -dated :A�usf 16 --------------- 1991 —__
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