HomeMy WebLinkAboutD-1405 Apn 04-931-35 2701 Meadow Street Recorded 02/18/1994RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
City Clerk's Office
P.O. Box 8100 (990 Palm Street)
San Luis Obispo, CA 93403 -8100
Doc No: 1910802
Official Records
San Luis Obispo Co.
Francis M. Cooney
Recorder
Feb 18, 1994
Time: 15:03
OPEN SPACE EASEMENT
1]
Rec No: 00012859
;NF 0.00
;TOTAL 0.00
This indenture, made and entered into this 21St - day of JANUARY
ssa , by and between TAKKEN FAMILY TRUST- '—
hereinafter called "owner", 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 within the City of San Luis
Obispo, as described in Exhibit "A ", attached hereto and made a part of this easement
by reference, commonly known as 2701 MEADOW STREET
(Assessors Parcel Number: pl,_ qql_ 35 t
WHEREAS, the subject property has certain natural : FEATURES,
and is more particularly described in Exhibit "B" attached hereto and made a part of
this easement by reference; and
WHEREAS, an irrevocable offer of dedication of an open space easement was
required as a condition of City approval of RESOL TTO0NN ER 8021 (1 992 Series)
allowing THE ABANDONMENT OF A PORTION OF MITCHELL DRIVE BE"I 'E STREET-
JM THE CITY LIMITS
WHEREAS, both Owner and City desire to preserve and conserve for the. public
benefit the . openness, natural condition and
present state of use of the subject property; and
WHEREAS, the Owner has offered to dedicate the subject easement to preserve
the site's NATURAL FEATURES. by restricting Owner's use of and activities
on subject property through the imposition of a perpetual open space easement with
conditions hereinafter expressed; and
WHEREAS, the Owner is willing to grant the perpetual open space on the subject
property, as part of a development approval.
NOW THEREFORE, in consideration of the subject property AND compliance with
Chapter 6.6 of Part I 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 of the substantial public
benefits to be derived therefrom, the parties agree as follows:
D r1+05
1. Owner hereby grants to City, an open space easement over the subject property.
Said grant of open space easement conveys to City, an estate and interest in the
subject property. The nature, character and the extent of the ' open space
easement is as described below, and results from the restrictions hereby imposed
upon the use of the subject property by Owner. To that end, and for the, purpose
of accomplishing the intent of the parties hereto, Owner covenants on behalf of
itself, its heirs, successors and assigns, with the City, its heirs, successors and
assigns, to do and refrain from doing severally and collectively upon the subject
property, the various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of the subject property by Owner
and the acts which owner shall refrain from doing upon the subject property are,
and shall be, as follows:
a. No structures will be placed or erected upon said premises. If desired, see -
through fencing appropriate to open space preservation may be allowed if
approved by the city's Architectural Review Commission.
b. No signs, billboards, similar structures or. devices, or advertising of any kind
or nature shall be.located on or within the subject property.
C. Owners shall not plant nor permit to be planted any vegetation upon the
subject property, except as may be associated with erosion control, fire
protection, soil stabilization, or as allowed and approved by the city's
Community Development Director. Any such vegetation shall be drought
tolerant and visually compatible with the hillside.
d. The general topography of the subject property shall be preserved in its
. natural condition. -No grading shall be allowed.
e. No extraction of surface or subsurface natural resources shall be allowed.
f. No removal of natural vegetation shall be allowed except for fire protection
or elimination of dead growth as approved by the Community Development
Director.
3. This easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of California.
5. This grant of open. space easement, as specified in Section 51096 of the
Govemment Code of the State of California, upon execution and acceptance in
accordance 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,. shall be deemed
to be an enforceable restriction within the meaning of Article XIII, Section 8 of the
Constitution of the State of California.
6. Land uses permitted or reserved to the owner by this grant shall be subject to the
ordinances of City regulating the use of land.
7. The terms contained herein shall be binding on the parties hereto and their heirs,
successors and assigns.
All Signatures Must Be Notarized!
INWITNESSWHEREOF, &�_6 I LJ"
has executed this Declaration on 11-7-
A' �_, / / /
,//5a-te-a
a
199¢.
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Robert W. Takken, Trustee
The, Takken Fa;nVy /Tru0
Linda H..T en .`Trustee
The Takken Family Trust
City Certificate
—1 .
State of California }
County of San Luis Obispo }
Oa 114LU c�(� 191 before me, SaWtll FA-c klEg_ Notary Public, personally appeared
-
Robe u►1 T..kkPh . ()Personally known to me or () Proved to me on the basis of satisfactory evidence u be the person(s)
whose :name is/ane subsrnbed to the within instrument and acknowledged to me that (s)he/thry executed the same in his/her/their
° and that .b his/her /their signature(s) s on the instrument the person(s) or the upon behalf of which the non
�YC�);• Y fie() P () entity P Pe acted,
executed the instrument.
Witness my hand and official seal. _
AW MW
SAN LUIS OBI N OOUlm
No blic
Ftcammww E LVH 98 1981
Stan of California }
County of San Luis Obispo /
On . .1�4n1 o21 .>9 before me, Z0t40J F &kL-4 Notary Public, personally appeared
.Un 4 A Tu k AtOrl . () personally known to me or () proved tome on the basis of satisfactory evidence to be the person(s)
vnc6se` name is/are subscribed to the within instrument and acknowledged to me that (s)he/they executed the same in his/her /their
eapaei, A(=), and that. by his/her/ their sigoature(s) on the instrument the persons) or the entity upon behalf of which the person acted,
e>oe6"'the instrument.
Vinness my hand and o eal.
N Public
SAM NL o m
�s1i Caum�sto�
0 EXHIBIT "A"
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
ROBERT W. TAKKEN and LINDA H. TAKKEN, Trustees of the Takken Family trust
under agreement dated May 15, 1990, subject to Item No. 7 of Schedule B.
3. The land referred to in this report is situated in the State of California, County of S an Lui s Obi spo
and is described as follows:
That portion of Lots 6 and 7 of the Caudill Tract, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map
recorded August-17, 1923 in Book 3 at page 32 of Maps, in the Office of the
County Recorder of said County. Lying Northerly of the Westerly prolongation
of the North line of Lawrence Drive.
BXCMTING TI�REPROM that portion conveyed to Norma L. Monson by deed recorded
September 27, 1962 in Book 1203 at page 390 of Official Records.
ALSO EXCEPTING THEREFROM that portion conveyed to Ellwood M. Stone, et ux.,
by deed recorded March 30, 1966 in Book 1391 at page 146 of Official Records.
ALSO EXCEPTING THEREFROM that portion conveyed to Ellwood M. Stone, et ux.,
by deed recorded March 30, 1966 in Book 1391 at page 148 of Official Records.
6-.�-
MR WMH /ail-
EXHIBIT "A"
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0
° 48' 14" E
Pa 11170 1
67' 48' 14" W 110.00'
100.08'
I
9.921
I
I
I �
T.P.0.8. Parcel 1
T.P.0.8. Parcel 2
25.00'
o
N 88° 36' 01" W 125.00'
I �
3
00 N
P
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I
I
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N 87° 55' 57' W 128.66'
100.00'
3
T.P.0.8. Parcel 1
T.P.0.8. Parcel 2
25.00'
100.00'
N 88° 36' 01" W 125.00'
3
00 N
a
E
2
T P.0.8. Parcel 3
° N89 °51'55 "E 6t °1499 589 °36'01 "E 1.28'
n 32.04' N 1 589
B' °55'01 "E .51.67'
5 87 °5101" E
-{�
�^ k 23.18'
=rym
n `
UJ
X.
r�^
r'(�5
. 588 °35'40"E
L d wre n c e Drive
I" Iron Pipe
Capped L54819
rt
02�5COFTION 51(ZTCH,F CLIENT . , B ; .0Austin 40
Of a portion of Lots 6 and 7 and the 30 Drowing AUSTIN
�
j foot wide road north of lot 7 of the SCALE : N.TS.
Mastin Land Surveys Caudill Tract in the City of San Luis Date : Sept. 13, 1993
1303 Garden Street Suite 2C Obispo, County of San Luis Obispo,
San Luis Obispo, California 93401 State of California One 5heef On/
(805) 544 -6434 Fax 544 -7974
11:d�11LlJ_LLLlI��
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Open Space Easement
City of San Luis Obispo Lot Line Adjustment 92 -003
File no: 401.001
February 2, 1994
That portion of lots 6 and 7 of the NE% of the NW% of Section 2 T.31 S., R.12 E.,
M.D.M. of the Caudill Tract, in.the City of San Luis Obispo, State of California,
according to the map recorded in Book 3 of Maps at page 32 in the Office of the
County Recorder of said County, described as follows:
Commencing at a 1" iron pipe capped "LS 4819" at the southeast corner of the land
described in the deed filed in volume 2868 or Official Records at page 662, as shown
on a record of survey filed in Book 67 of Licensed Surveys at page 26, said point
being on the westerly right of way of Meadow Street (Formerly Story Street); thence
along said westerly right of way north 10 23'59" east 159.15 feet to the southeasterly
comer of the land described in the deed dated June 1, 1991 and filed in Volume 3728
or Official Records at page 122 in said County Recorders Office; thence continuing
on said westerly right of way, north 1' 23'59" east 50.00 feet; thence north 88" 36'
01" west 125.00 feet; thence south 10 32' 04" west 58.98 feet, to the True Point of
Beginning; thence north 87" 48' 14" west 9.92 feet to the northeast corner of the land
described in the deed filed in volume 1391 of Official Records at page 148; thence
along the easterly line of said deed, south 40 28' 50" west 150.51 feet to a point on
the extension of the northerly right of way of Lawrence Drive; thence along said
extension, south 880 35' 40" east 41. 90 feet to the southwest corner of said land
described in the deed filed in volume 2868 of Official Records at page 662; thence,
along the westerly lines of said land north 10 23'59" east 135.29 feet; thence north
280 44' 59" east 17.71 feet; thence, leaving said line; south 890 51'55" west 32.04
feet to the True Point of Beginning.
A-
-Tom. M.6.st LS 4819 EKPS/ss
EXHIBIT "B"
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whMA 1s l �' 9 ,..,P„o,, san tuts oBspo N t of Box „Po. San Luis Obispo, C.9340,,,00
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the
Open Space Easement (APN 04- 931 -35)
dated January 21 , 19 94, from Takken Family Trust
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: °z I 1
CITY OF SAN LUIS OBISPO
r
By
Peg P' ard, Mayor
ATTEST:
i e R. Gladro ell," Q, I k
Rev. 12/92
.ND OF DOCUMENT
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city of s tuts oBispo
990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the
Deed of Easement (Creek and Drainage)
dated January 25 , 19 94, from Roger M. Brown and
Juanita L. Brown
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:
CITY OF SAN LUIS OBISPO
I ' W WAR. V.
ATTEST:
i R. Gladwell, City erk:
Rev. 12/92
END OF DOCUMENT
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CALIFORNIA ) ss.
STATE OF a Notary Public in
OBISPO ) RM4S;,Y ► M. BROW. AND
COUNTY OF SAN LUIS JANICE M• ROGER basis of
before me ► app re me on the b
Y 25► 1994► personal( or proved is /are subscribed
On JANUAR and State, name(s) executed
for said County known to me (Whose a she /they that by
and BROWN ► personally be the person (s) to me that h / and
tp,N11k L• to owledged capacity(ies)► or the entity
actory evidence) and ackn tisf instrument authorized the person(s)► ent.
to the within his /her /then the instrument instrum
same in acted, executed the
the their Signatuthesperson(s)
his /her/ which _ 9jkt4 CE€�1.4 gL� Y
upon behalf of seal . NG% k P�
and official at 4G C�U1rTY
hand �: <. SAN EGG 13 ?'' y994
m
ITNESS Fins w���i 5,
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