HomeMy WebLinkAboutD-1407 Edna- Islay Specific Plan Area Recorded 05/18/1994•
Recording Requested by:
FikST P FR & AU Tirct
When recorded, return to:
DEED N0. 1407
Doc No: 1994 - 031021
City Clerk's Office Official Records
City of San Luis Obispo San Luis Obispo Co.
P.O. Box ' : , 8/0 0 Francis M. Cooney
San Luis Obispo, CA 9340c-3-8100 Recorder
May 18, 1994
Time: 08:00
[ 13]
OPEN SPACE EASEMENT
Rec No: 00037212
:RF 43.00
;TOTAL 43.00
The indenture; made and entered into this-OZ day ofOc�aber. Eby and between Rob
Rossi, an individual, hereinafter called. "Owner" and THE CITY OF SAN LUIS OBISPO,
a municipal corporation of the State of California, hereinafter called "City."
WITNESSETH:
WHEREAS, Owner owns that 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, Owner is willing to grant an easement to the City of 67.83 acres beyond the
City's urban reserve line which 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 easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final 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 easement on a portion of, said property, and
WHEREAS, the Owner is willing to grant the perpetual open space easement on said 67.83
acres as part of the subdivision approval; and
WHEREAS, the Owner has supplied City with a title company Preliminary Title Report
1 D -1407.
listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust
and mortgages on the subject property, a copy of which is attached as Exhibit 'B" and
incorporated herein.
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 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 the City a perpetual open space easement in and to the
property described in Exhibit 'A,' said grant of perpetual 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 for the purpose of
maintaining said property in a natural open space character, consistent with the
Edna -Islay Specific Plan. 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 any of 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 expect public water
storage and appurtenances for agricultural uses consistent with the open space
character and intent of this document.and consistent with Edna -Islay Specific
Plan.
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 expect as may be associated with erosion control or agricultural uses
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
utility facilities and easements; the general topography of the landscape shall
be maintained in its present condition and no topographical changes shall be
made.
2
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,
thinning, elimination of diseased growth, or 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 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 be limited to grazing and related
activities or other agricultural uses as may be 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 construct a trail system in accordance with the Edna /Islay
Specific Plan.
C. The right to develop and maintain .public and private water wells and supply
lines.
D. The right to construct.a domestic water.tank,.supply line(s), access.xoad, and
associated appurtenances in accordance-with Edna %Islay Specific Plan. The
exact location of the tank and access road may be adjusted due to soil and
geological conditions, master plan layout constraints, physical access, and
technical and visual issues. The final location shall be approved by the
Director of Community Development of the. City of San Luis Obispo.
E. The right to access and maintain all existing private roads, bridges, trails and
structures upon. said land.
3
F. The development and operation of an equestrian center as may be authorized
by conditional use permit pursuant to the Edna -Islay Specific Plan and the
approved and recorded final map for Tract 1750.
4. Land uses permitted, or reserved by this instrument shall be subject to the regulation
policies and 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 Owner to permit construction of,
public service facilities 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. Nothing in this agreement will prevent any facility from being constructed or
maintained if that facility is approved as part of a project approved within the
Edna /Islay Specific Plan.
8. This open space grant is intended to coordinate with pending and future projects
within the Edna /Islay Specific Plan area. It is agreed by all parties that when final
tract boundaries adjacent to the northerly boundary of this open space easement are
established and approved by the City Council, the open space parcel and easement
will be adjusted. The adjustment will match the future Tract boundary utilizing the
lot line adjustment process and the boundary of this open space easement will be
amended to coincide with the adjusted lot line.
9. This grant may not be abandoned by City except pursuant to all of the provisions of
Section 51093 of the Government Code of the State of California.
10. This grant of open space easement, as, specified .in Section 51096 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. Code of the State
of California commencing with Section 51050, shall be deemed to be enforceable
restriction with the meaning of Article XXVIII of the. Constitution of the State of
California.
11. The trust deed beneficiaries and mortgages, 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.
12. The terms contained herein shall be binding on the parties hereto and their
successors and assigns.
0
13. This open space easement shall be effective upon the effective date of recordation
of the Final Map of Tract 1750, Units 1 and 2.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first above written.
OWNER:
.W
IM
NOTARY'S STATEMENT
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO SS
On qo") before me c ,personally appeared
Robin L. Rossi, personally known to me whose name is sub-scrib6d to the within instrument
and acknowledge to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity on behalf of which the person acted,
executed the instrument.
R
(IMyOFFICIAL NOTARY SEAL
BONITA K. MC GONAGILL
Notary Public — California
SAN LUIS OBISPO COUNTY
Comm. Expires OCT 28,1994
BENEFICIARY
The Bank of California, A National Banking Association, as to Deed of Trust Recorded
February 13, 1992, as Instrument No. 9047 in Book 3829, Page 380 of Official Records.
THE BANK OF CALIFORNIA
(Secretary) 0 U,& &, /hype % /s
NOTARY'S STATEMENT
STATE OF CALIFORNIA F «,v
COUNTY OF O—IKSS
On ) O 1 x) Q 2 before me-Rv4hign n7ruc&W, (10�N � personally appeared
u\ Q IO•(V • 1Cd5 ,personallyknowntome
to be the person(s) whose name s
is/40 subscribed to the within instrument and acknowledged to me that he /shejC�
executed the same in his /her )(the' uthorized capacity, and that by his /her ei signature
on the instrument the person(s) or the entity on behalf of which the person(s) acted,
executed the instrument.
ame Printed)
Z
W OFFICIAL SEAL
T�AR�Y PPUBLIC-CCAL'IFORNIA PRINCIPAL OFFICE IN FRESNO COUNTY mission Exp. Jul 19 19
BENEFICIARY
Merle F. Miller, as to Deed of Trust recorded September 25, 1992 as Instrument No. 65684
in Book 3960, Page 453 of Official Records.
i
F N✓L:CG.,,
m teI- rc F. Al/eoe
NOTARY'S STATEMENT
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO SS
On 92 , before me
A idLMA/11 personally appeared
Merle F. Miller poaen or proved tom on the basis of satisfactory
evidence to be the person(s) whose name(s) isj-W* subscribed to the within instrument and
acknowledged to me that heTh` executed the same in hiss authorized
capacity, and that by his oer—thei!r signature on the instrument the person(s) or the entity
on behalf of which the person(s) acted, executed the instrument.
('Signature)
Za
------ -----
OFFICIAL NOTARY SEAL
'mss BONITA K. MC GONAGILL
Notary Public — California
SAN LUIS OBISPO COUNTY
My Comm. Expires OCT 28,1994
EXHIBIT A
Legal Description
Islay Hill Open Space Dedication
Lot 5 of Tract 1750 Units 1 and 2, in the City and County of San Luis Obispo, State of
California, as shown on the map recorded in Book , Page a5- of Maps in the office
of the County Recorder of said County.
Containing 67.83 acres.
® EXHIBIT B
Title Report SLO- 887204 KI
Islay Hill Open Space Dedication
UPDATED REPORT
October 8, 1992
John Wallace and Associates
1458 Higuera Street
San Luis Obispo, CA 93401
Attention: Doug Campbell
Your No_
Dated as of.September,2;4', 1992 at 7:30 a.m.
Kevin Irot - Trtle Officer
This report is not complete unless it includes a printed cover
setting forth, among other things, a list of the printed
exceptions and exclusions for the policy form(s) as designated.
below.
The form of policy title insurance contemplated by this report
is:
Title to said estate or interest at the date hereof is vested in:
ROBIN L. ROSSI
The estate or interest in the land hereinafter described or
referred to covered by this Report is:
A FEE
PAGE 1
S1,0- 887204 KI
The land referred to in this Report is situated in the State of
California, County of San Luis Obispo, and is described as
follows:
Parcels 2 and 3 of Parcel Map No. S LAL -87 -2.20 in the City of San
Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded November 12, 1987 in Book 42, Page 43
of Parcel Maps, in the office of the County Recorder of said
County.
At the date hereof exceptions to coverage in addition to the
printed exceptions and exclusions in said policy form would be as
follows:
1. Taxes for the fiscal year 1.992 -93, a lien not yet due or
payable.
2. The lien of defaulted real property General and Special
Taxes for the fiscal year 1991/92 and subsequent delinquencies;
AMOUNT TO REDEEM: $17,179.86
PRIOR TO: September 30, 1992
PARCEL NO.: 053,091,012
SALE NO.: 70104
The lien of defaulted real property General and Special Taxes
for the fiscal year 1991/92 and subsequent delinquencies;
AMOUNT TO REDEEM: $17,460.68
PRIOR TO: September 30, 1992
PARCEL NO.: 053,091,013
SALE NO.: 70105
NOTE: The following assessments are included on the tax bill
and collected with the County Taxes:
San Luis Obispo Weed Abatement
3. "The lien of supplemental taxes, if any, assessed pursuant
to the provisions of Chapter 3.5 Revenue and Taxation Code,
Section 75, et. seq. arising and attaching on or after date of
policy."
4. Such rights and easements in favor of the public which may
exist over that portion of said land lying beneath the waters of
unnamed creek.
PAGE 2
SLO- 887204 KI
5. An easement for slopes, culverts and ditches and
incidental purposes in favor of Southern Pacific Railroad Company
recorded February 3, 1897 in Book 31, Page 406 of Deeds, affects
that certain area next to the railroad right -of -way across said
land. Reference being made to the record thereof for further
particulars.
6. An easement for road and incidental purposes as set forth
in an instrument recorded July 20, 1939 in Book 263, Page 34 of
Official Records, over the Northeasterly corner of Parcel 3 of
said land.
7. An easement for utilities and incidental purposes in favor
of Pacific Gas and Electric Company, recorded December 13, 1940 .
in Book 288, Page 77 of Official Records, affects a strip of land
50 feet wide across a portion of Parcel 3.
8. An easement for aircraft hazard warning beacons and
incidental purposes in favor of County of San Luis Obispo,
recorded December 16, 1948 in Book 481, Page 395 of Official
Records, affects a 25 foot square on the Southeasterly border of
Parcel 3 of the property as herein described.
9. Items setforth and shown on the Parcel Map No. SL -84 -083,
recorded March 1, 1985 in Book 37, Page 2 of Parcel Maps are
incorporated herein.
Reference being made to said map for further particulars.
10. Items setforth and shown on the Parcel Map No. SLAL -87-
220, recorded November 12, 1987 in Book 42, Page 43 of Parcel
Maps are incorporated herein.
Reference being made to said map for further particulars.
11. An Offer of Dedication and a 1 foot non - access strip over
a portion of said land as shown on said Parcel Map SLAL -87 -220
above referred to.
12. An easement in favor of the City of San Luis Obispo for a
sanitary sewer construction and incidental purposes as granted by
the Pacifica Corporation in document recorded August 25, 1988 in
Book 31.91, Page 401 of Official Records, as to Parcel 2.
13. An easement in favor of the City of San Luis Obispo for
creek, sewer and water purposes and incidental purposes as a
granted by The Pacifica Corporation in the document recorded
August 25, 1988 in Book 3191, Page 406 of Official Records, as to
Parcel 3..
PAGE: 3
SLO- 887204 KI
14. A Deed of Trust and Fixture Filing to secure an
indebtedness in the original principal sum of $3,750,000.00, and
any other amounts and /or obligations secured thereby recorded
February 13, 1992 as Instrument No. 9047 in Book 382.9, Page 380
of Official Records;
Dated: January 29, 1992.
Trustor: Robin L. Rossi.
Trustee: Commonwealth Land Title Company.
Beneficiary: The Bank of California, national association.
15. A Deed of Trust -with Assignment of Rents to secure an
indebtedness in the..original principal sum of $250;000.00, and
any other amounts and /or obligations secured thereby recorded
September 28, 1992 as Instrument No. 65684 in Book 39.60, Page 453
of Official Records;
.Dated: September 28, 1992.
Trustor: Robin L. Rossi.
Trustee: Ticor:Title -Insurance 'Company of California, a
California corporation.
Beneficiary: Merle F. Miller.
INFORMATION NOTE:
This report is preparatory to the issuance
Title Insurance. We have no knowledge of
preclude the issuance of said ALTA Policy
100 attached. We are unable to determine
are improvements located on said property
is not known.
Applicable Title Rate is as follows:
Short Term Rate.
of an ALTA Policy of
any fact which would
With Indorsement No.
whether or not there
and address, if any,
According to the public records, there have been no deeds
conveying the property described.in this Report recorded within a
period of two years prior to the date of this Report, except as
follows:
NONE
KI /ds
Plat Map Attached
PAGE 4
Al IIII city of sAn an luis oBispo
990 Palm Street/Post Office Box 8100 e S Luis Obispo, CA 93403-8100
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the
Open Space Easement
dated October:_202' i 1992•, from Rob Rossi, an individual
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: 1 -1 /117,-
CITY OF SAN LUIS OBISPO
B
Rori Dunin, Mayor
A=, ST-
END OF DOCUMENT