HomeMy WebLinkAboutD-1389 Tract No. 2094 (3450 Bullock Lane) Recorded 12/31/1992RECORDING REQUESTED SAND
WHEN RECORDED RETURM TO:
Department of Transportation
P.O. Box B114
San Luis Obispo CA. 93403- 8114
Doc No: 1992 -08A2
Official Records
San Luis Obispo Co.
FRANCIS M. COONEY
Recorder
Dec 31, 1992
Time: 10:03
@@ [ 41
Rec No: 37720
NF 0.00
;TOTAL 0.00
.RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF SAN LUIS OBSIPO, ROAD 5 -SLO- 227 - 12.7/13.8
Request No. 5341
WHEREAS, highway right of way within the City of San
Luis Obispo, on Broad Street north of South Street and along
Higuera and Marsh Steets to Route 101 at the Marsh Street
Interchange, road 5 - -SLO -227, hereinafter particularly described,
has been superseded by a change in the location of said highway;
and
WHEREAS, by cooperative agreement dated September 15,
1992, between the'City'of San Luis Obispo and the State of
California, the City waived the 90 -day notice requirement and
agreed to accept title to said superseded State Highway, upon
relinquishment thereof to said City by the State of California;
and
WHEREAS, this Commission has found and determined, and
does hereby find and determine, that it is desirable and in the
public interest that said highway right of way so superseded be
relinquished to the City of San Luis Obispo for use as city
streets; PASSED BY
TRANSPORTATION COMMISSION
RESOLUTION NO. R3138 Adm�m 'Ago
D E C 1 0 192
IT
Vft
CALIFORNIA ft
/3TRANSPORTATION COMIfi:SSIOA
,4r7/49 _.
VoL 401SFAGE245
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that it relinquish, and it does hereby
relinquish, to the City of San Luis Obispo, effective upon the
recordation of a certified copy hereof with the Recorder of San
Luis Obispo County, all of the State of California's right, title
and interest in and to said superseded highway right of way in
said City, together with the right of way and appurtenances
thereof, described as follows:
VOL 4018rAa 4f
05 -SLO -227- 12.7/13.8
Request No. 5341
RELINQUISHMENT DESCRIPTION
That part of State Highway Route 227 in the City of San Luis
Obispo, County of San Luis Obispo, State of California described
as that part of the Broad Street portion of Route 227 that lies
northwesterly of a line near South Street that bears
S.86 °05108 "E., 121.44 feet from the most northerly corner of the
area relinquished to said city by the document recorded May 13,
1980 in Volume 2240, page 226 of Official Records of said county,
to the northerly corner of PARCEL 3164 -1 described in the deed to
the State of California recorded May 7, 1974 in Volume 1777, page
571 of said Official Records, together with the Marsh and Higuera
Street portions of said Route 227 and also together with that
part of the 227 portion of the Marsh Street interchange at Route
101 that lies easterly of the following described line.
Beginning on course numbered 1 described in the Director's Deed
to A. Madonna recorded June 4,1956 in Volume 848, page 269 of
Official Records of said county, at a point distant
N.57 040102 11E., 197.71 feet along said course, from the
southwesterly - terminus thereof; thence N.21 030124 "E., 23.5.07 feet
to a point on course numbered 4 described in the deed to the
State of California recorded February 16, 1948 in Volume 471,
page 209 of Official Records of said county distant westerly
52.46 feet along said course from the easterly terminus thereof.
-VOL 40-18P "6E0/,.
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This real property description has been prepared by me, or under my direction, in conformance with Lhe Professional
Land Surveyors AcL
LA�/� SG
Signature
Professional land Surveyor
Dale y� /% a JAMES vie KENNY g
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Recording Requested
John R. Mitchell
3211 Broad Street,
San Luis Obispo, CA
by: I W'17-
Suite 2 '5
93401
When Recorded, return to:
City Clerk
City of San Luis
P. O. Box 8100
San Luis Obispo,
Obispo
CA 93403 -8100
Doc No: 1991 - 089559
Official Records
San Luis Obispo Co.
FRANCIS M. COONEY
Recorder
Dec 31, 1992
Time: 08:00
@@ [ 7]
OPEN SPACE AND PEDESTRIAN ACCESS EASEMENT
This indenture, made and entered into
5 , 19C by and between ROLAND
MITCHELL, hereinafter called "Owners" and
OBISPO, a municipal corporation of the
hereinafter called "City."
WITNESSETH:
this ��` day of
S. BALL AND JOHN R.
THE CITY OF SAN LUIS
State of California,
Rec No: 37482
RF 23.00
;TOTAL 23.00
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 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 the Owner; and
WHEREAS, the Owner has requested approval of Tract 2094, a five
lot residential development of which 0.60 acres would be
preserved in its present scenic beauty and existing openness by
the restricted use and enjoyment of said property by the Owner
through the imposition of a perpetual open space and pedestrian
access easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final
Tract Map for said development as required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a
grant to the City of a perpetual open space and pedestrian access
easement on a portion of said property, and
D 1389
.VOL 40-1�7PAcr,.51Z
0
WHEREAS, the Owner- is willing to grant the perpetual open space
and pedestrian access easement on said 0.60 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 6.6 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 the conditions herein contained and the
substantial public benefits to be derived therefrom, the parties
hereunto agree as follows:
1. Owner hereby grants to City an open space and pedestrian
access easement in and to the - property described in Exhibit A,
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 except for one project identification sign
as approved by the City Community Development Department.
c) Owner shall not plant nor permit to be planted any vegetation
upon said premises except as may be associated with erosion
control consistent with the provisions of this agreement or as
otherwise approved by.the City Community Development Director.
d) Except for the construction, alteration, relocation and
maintenance of 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
VOL 401 r PAGE513
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,
elimination or diseased growth and similar protective measures.
g) Owner shall not extract natural resources from said premises
except for development of water rights.
h) No lot split shall be permitted.
i) Solid fencing 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 Devleopment of
the City of San Luis Obispo.
3. Land uses permitted, or.reserved by this instrument shall be
subject to the ordinances of City regulating the use of land.
4. This easement shall remain in effect in perpetuity.
5. The City shall have the right to construct public trails and
related improvements reasonably necessary for the public use and
consignment of the open space easement, and be responsible for
the maintenance thereof.
6. This grant may not be abandoned by the City except pursuant
to all of the provisions of Section 51061 of the Government Code
of the State of California.
7. This grant of open space easement, upon execution and
acceptance in accordance with Part 1 of Division 1 of Title 5 of
the Government Code of the .State.. of California commencing with
Section 51070, shall be deemed to be an enforceable restriction
with the meaning of Article XXVIII of the Constitution of the
State of California.
8. 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 interest to the restrictions imposed by this grant.
9. The terms contained herein shall be binding on the parties
hereto and their successors and assigns.
10. This open space easement shall be effective upon the
effective date of recordation of Tract 2094.
uo� 4017PAGE514
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,
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IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
OWNERS:
Roland S. Ball 1 A Date
. mAtcne
Attachments
Legal description, Exhibit -A
Zf �-
Date
CAT. NO. NNO1SOO
�J TICOR TITLE INSURANCE
TO 2930 (12.90)
( i eneral Acknowledgment)
S ATE OF CALIFOR IA us �V�s
lJV
)SS.
2L
UNTY OF
On S q9 before mthe ders'g ed, a Notary Public-in and for said State,
personally appeared
G
�
personally known to me (or pray d to me on the basis of
satisfactory evidence) to be the person( whose name(s)
a
Ste-
is /are subscribed to the within instrument and
M1
acknowledged to me that he/she/t executed the same
OFFICIAL SEAL
in his /her /th�jr authorized capacity(ies), and that by
on the instrument the person(s),
�"'° M(ZANDEES.KENi1Z
NQtARY pMUC - CALIFORNIA
�
his /her/their signature(s)
or the entity upon behalf of which the person(s) acted,
SAX LUIS OBISpO COUNTY
�as Sept. 19,1993
executed the instrument.
�
WITNESS my hand anj official al.
Signature
(This area for official notarial seal
VOL 401�7P
IN WITNESS WHEREOF, the parties hereto have
document on the day and year first above written.
BENEFICIARIES:
executed this
Mid -State Bank, as Beneficiary under a Deed of Trust Recorded
June 9, 1992 under Recorder's Series No. 38233.
W'V1 -
Print Name Title
�_ � z 4; ��� &
Print Name Title
T e4hC44sgg 'RA , Ia 91
Date
Date
SEP 2 9 1992
)
STATE OF CALIFORNIA )ss.
COUNTYOF Sari Luis Obispo )
On September 29 , 1992
,before me, the undersigned, a Notary Public in and for
W
said State, personally appeared Gary Wiseman
and
Linda Stahl
, personally known to me (or proved to me on the
E
a c
basis of satisfactory evidence) to be the persons who executed the within instrument as
a
E
Vice President and_Asst. Mgr.
A§KaYy, on behalf of
`o
Mid —State Bank
m�
o m
the corporation therein named, and acknowledged to me that
OFFICIAL
S E A L
a�
v U)
such corporation executed the within instrument pursuant to its
OY
�
by -laws or a resolution of its board of directors.
`® CALIFORNIA
=SANLUIS
SPO COUNTY
ccoo
WITNESS my hand and official seal .
res Oct 14. 1996
N
O
M
-
Signature-(This
area for official notarial seal)
Von 4017P4416
f vnv>
f
f
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 5 OF TRACT 2094 AS DELINEATED ON THIS ATTACHED
EXHIBIT "A" AS 'PUBLIC OPEN SPACE, PEDESTRIAN ACCESS, AND CREEK ACCESS
AND MAINTENANCE EASEMENT; SAID TRACT 2094 BEING ON.FILE IN BOOK .J&
AT PAGE &, OF MAP BOOKS, COUNTY RECORDER'S OFFICE, IN THE CITY:OF
SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
LOT 1
�G
c'
0
LOT 4 �
407'-1-
�o Scale LOT 3
G \'
G
LOT Z
� nor s
�Q
V
V
r'
ITIBUC 0,04AV SPACE,
PEdE�'TRlAN ACCESS,
B12d CREEK ACCESS f,
1WWA17E11,41VCE EAS6ymnvT,
von 40JIAGE517
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the
Open Space and Pedestrian Access Easement
dated September 25 , 19 92, from Roland S. Ball and
John R. Mitchell
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:
" r °ATTEST:
e7 R Gladwell, Cit Clerk
.•fir' /' J5' .
Rev. 12/92
CITY OF SAN LUIS OBISPO
i
By
Peg Pin d, .Mayor
END Of DOCUMENT von 4017PAGEa